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HomeMy WebLinkAbout09/20/2011 Minutes - Regular MeetingCITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION SEPTEMBER 20,2011 STUDY SESSION: M/Tye called the Study Session to order at 5:46 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, Ron Everett, Carol Herrera, Jack Tanaka, Mayor Pro Tern Ling -Ling Chang and Mayor Tye. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; Ken Desforges, IS Director; David Liu, Public Works Director, Greg Gubman, Community Development Director; Bob Rose, Community Services Director; Ryan McLean, Assistant to the City Manager; Rick Yee, Senior Civil Engineer; Kimberly Young, Associate Engineer; Marsha Roa, Public Information Manager; Anthony Santos, Sr. Management Analyst; and, Tommye Cribbins, City Clerk. 0- DISCUSSION OF THE PURCHASE OF CITY HALL FURNITURE, FIXTURES AND EQUIPMENT: CM/DeStefano stated that the City Hall/Library project is moving forward under the effective management of ACM/Doyle. Tonight staff is asking the City Council to take action on the purchase of furniture, fixtures and equipment (FF&E) for the cubicle office spaces, the hard -walled office spaces, conference rooms, EOC, downstairs community room, public lobby areas, etc. so that the order can be placed within a few work days to ensure its timely arrival and installation. ACM/Doyle discussed the budget and presented an overview of the furniture being considered for purchase well as some that will be repurposed. The original budget was estimated at about $700,000 to outfit the new city hall. In order to meet the manufacturer's deadline for ordering the hard wall office furniture, the order needs to be placed by the end of September. To date, every employee has been interviewed to determine their space needs. The SCAQMD owns a majority of the cubicle work space in the existing office and the cubicle workstations the City owns are the mauve colored workstations that were purchased when the City first incorporated. Staff is recommending all new workstations for all employees who work in those areas and the existing break room furniture will be repurposed to every extent possible. For the most part, there will be new conference room furniture, new hard wall office furniture except for the City Council and City Manager with the current furniture being repurposed. In addition, two office furniture layouts will be repurposed to accommodate the contract building official and sheriffs representative. ACM/Doyle then went into the details of the furniture pricing. The office furniture is being purchased under a CMAS (California Multiple Award SEPTEMBER 20, 2011 PAGE 2 CC STUDY SESSION Schedules) at a discount of about 61.8 percent off of the list price because of the bulk purchase. Initially, staff was told the manufacturer would not be able to meet the City's timeline but have since agreed that it can. Both he and CIVI/DeStefano were very concerned that they were being sold something that would not be provided in a timely fashion so the proposal actually states (and they have agreed in writing) that if they are unable to meet the City's timeline if the order is placed by September 26, 2011, they will provide rental furniture at their expense (delivered and installed) which will be removed at their expense when the new furniture arrives. ACM/Doyle explained how Gunlocke Office Furniture was selected. M/Tye said he appreciated that there was an effort to repurpose some of the furnishings. However, he wanted assurance that it would not appear that the City could not afford new furniture. ACM/Doyle assured M/Tye that it would not appear that way because it would not be cost-effective to pack, move and repurpose items that could more easily be replaced. Staff is making certain that where appropriate, everything that can be repurposed and reused will be if it makes sense for the long term. ACIVI/Doyle stated that one option to save $20,000 to $30,000 is to repurpose some of the hard wall furniture if the Council wishes to do so; however, staff is not recommending that option because the quality is not as good and would appear to be happenstance. This furniture could be used in the library area or the furniture could be auctioned. Discussion ensued. ACIVI/Doyle stated that the City was finally able to acquire the conduit line from the property owner which lies underground from the street to the building for $35,000 which enabled the City to save about $160,000 on that project. C/Everett asked if there were any issues with the furniture for the library. ACIVI/Doyle clarified that tonight's discussion involved only the furniture for City Hall even though it includes the downstairs with respect to the main community room and the computer room. All of the furniture, fixtures and equipment for the library will be a separate purchase that staff will come back to Council at a later date and for which the City will be reimbursed. The library is a completely separate entity. City and County staff have worked well together and this will be a very fast project for the County (approximately 24 months from start to finish). M/Tye stated that last month while both he and MPT/Chang attended the Contract Cities Assn. they heard from people with L.A. County how very SEPTEMBER 20, 2011 PAGE 3 CC STUDY SESSION appreciative they were of D.B. staff and that they are very excited about the project. Public Comments: None Offered. ADJOURNMENT: With no further business to discuss, M/Tye adjourned the Study Session at 6:20 p.m. to the Regular City Council Meeting. dm� (1� - TOMMYL CRIBBINS. Cit y Clerk The foregoing minutes are hereby approved this 4th day of October 2011. U,�,,hang, Mayor Pr!5—Tem MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR SEPTEMBER 20, 2011 STUDY SESSION: 5:46 p.m., Room CC -8 Discussion of the Purchase of City Hall Furniture, Fixtures and Equipment Study Session recessed at 6:20 p.m. CALL TO ORDER: Mayor Tye called the Regular City Council meeting to order at 6:32 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. CM/DeStefano stated that during tonight's Study Session Council discussed the process staff went through for the purchase of new furniture, fixtures and equipment for City Hall. This is related to Agenda Item 8.2. No decisions were made. PLEDGE OF ALLEGIANCE: Truc Dever, Director of Community Affairs for GLAVCD, led the Pledge of Allegiance. INVOCATION: Monsignor James Loughnane, St. Denis — Catholic Church, gave the invocation. ROLL CALL: Council Members Ron Everett, Carol Herrera, Jack Tanaka, Mayor Pro Tem Ling -Ling Chang and Mayor Tye. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Mike Jenkins, City Attorney; Ken Desforges, IS Director; David Liu, Public Works Director; Greg Gubman, Community Development Director; Ryan McLean, Assistant to the City Manager; Rick Yee, Senior Civil Engineer; Kimberly Young, Associate Engineer; Anthony Santos, Senior Management Analyst; Cecilia Arellano, Public Information Coordinator; and, Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 Presentation by the Greater Los Angeles County Vector Control District Re: West Nile Virus - Truc Dever, Director of Community Affairs for GLAVCD, updated the City on the recent epidemic of the West Nile Virus the agency has experienced this year. She explained how to avoid the West Nile Virus and asked residents to call the hotline number 1-877-WNVBIRD to report any dead bird sightings. Ms. Dever reported that the agency has recently seen a new threat in LA County, the Asian Tiger Mosquito that was SEPTEMBER 20, 2011 PAGE 2 CITY COUNCIL discovered in shipments of Lucky Bamboo. She cautioned that since the Asian Tiger Mosquito bites during the day there is a potential threat to residents. She stated that the District is actively working with EI Monte property owner to keep the variety confined to the immediate area while taking steps to knock down the adult mosquito population. Anyone who believes they may have seen the Asian Tiger Mosquito should report their sighting to the hotline, 2.2 Update on SCAG Truck Lane Project — CM/DeStefano reported that SCAG is again working on a Regional Transportation Plan, a document that they update every four years. This document is scheduled for adoption in early 2012 and contains a variety of policy statements that look at some 30 years into the future and deals with all modes of transportation, particularly focusing this year on goods and people movement through the Southern California area. A component within the Regional Transportation Plan is an east/west freight corridor that has been proposed to take a variety of potential routes. However, SCAG's focus during the past couple of months has been to utilize the SR60 corridor and in particular, routes that run generally adjacent or parallel to the SR60. SCAG is focusing on moving goods from the ports to Los Angeles and from Los Angeles on the 710 Freeway area easterly down the SR60 to the 15 Freeway prior to disbursing. Of interest to D.B. is the segment between the 710 to the 605 and from the 605 to the SR57. There is a desire to move significant amounts of freight through the area by utilizing the Union Pacific Railroad property between the 710 and 605 and then transitioning to the San Jose Creek Wash from the 605 Freeway to the SR57 (in the Lanterman location). D.B. has concerns about the type and size of the proposed project and the current process SCAG is undergoing to seek community input and stakeholder support. D.B. has monitored this activity for some time. In July 2011 the City Council directed staff to commence a process in opposition to this proposed project. The primary issue is that D.B. is desirous of a more efficient and environmentally sensitive means of delivering goods in and through the region and are supportive of SCAG'S efforts to identify new enhanced technologies and modes for accomplishing this. The City, however, is very concerned with several proposals currently under consideration by SCAG staff for inclusion within the Regional Transportation Plan, specifically, the segment along the SR60 and the proposed route between the 605 and the SR57. It is a proposed and preferred alignment by SCAG staff to create elevated truck lanes running through the San Jose Creek Wash which roughly runs parallel to Valley Boulevard and the SR60. The proposed structure would be approximately 50 feet above the current grade and allow for four lanes of truck traffic. Of even greater concern to D.B. is that while there are policy statements SEPTEMBER 20, 2011 PAGE 3 CITY COUNCIL that indicate that this effort would lead all the way to the 15 Freeway, there are no details as to how the trucks would transition from the San Jose Creek Wash which terminates at about the Kohl's Store located in the City of Industry at Grand Avenue and Valley Boulevard and swings back over to the SR57. A line on the map shows the transition on the Lanterman property which is immediately adjacent to homes in D.B. and within the City's jurisdiction. There is no detail as to how the traffic gets back onto the SR57/60 or how, once the vehicles are on the SR57 northbound transitions to the easterly 10 Freeway. This is a significant concern to D.B. and believes it is imperative that impacts to residential communities, business and open spaces be properly analyzed including the physical, operational and financial feasibility of this type of proposal. D.B. believes that it will impact the public health and safety of thousands if not hundreds of thousands of people in the immediate area of D.B. and cities along the freeway. D.B. has participated in numerous workshops and committee meetings and has sought partners in opposition to the proposed effort along the SR60. Staff sent letters to all entities believed to be impacted. The City has started to gain momentum; for example, --- the City of Walnut last Wednesday night adopted a Resolution in opposition to the project, the City of South EI Monte likewise adopted a Resolution in opposition to the project last Wednesday night, the City of Chino is very concerned about the project and LA County Supervisors Gloria Molina and Don Knabe are also very concerned for residents within the corridor areas. The County of Los Angeles has been asked to look at the City of Industry's prepared San Jose Creek Freight Corridor Feasibility Study. CM/DeStefano continued stating that D.B. has pointed out that this particular proposal along the San Jose Creek Wash will interfere with a number of ongoing priorities that COG has for the San Jose Valley in this area. It has been identified that this project will greatly interfere with the SR57/60 improvement project that is well under discussion and that it will specifically interfere with the missing connectors from the SR60 northbound on the SR57 as well as, the SR57 eastbound to the SR60. D.B. and COG believes that the proposed project will interfere with the SR57 HOV lanes that move north from the SR60 to the 210 Freeway. D.B. believes that the proposed project will impact the Gold Line Light Rail Project which is generally proposed west of the 605 Freeway as well as, the ongoing interchange project at the SR60 and 605 Freeway which includes mixed -flow and HOV connectors. LA County has spent a lot of money for bike lane projects, open space projects, restoration projects and others along the San Jose Creek Wash, particularly in the area where it intersects with the 605 Freeway by Whittier Narrows. D.B. will continue to monitor this matter and provide SEPTEMBER 20, 2011 PAGE 4 CITY COUNCIL comments and opposition to the proposed truck lanes. C/Herrera thanked CM/DeStefano for a very thorough report and thanked SE/Yee and PWD/Liu who have attended countless meetings in downtown Los Angeles. There were times when it was a very good thing when D.B. was represented because there were efforts to get the committee to approve these truck lanes and the project would then move very quickly through to the greater SCAG committee. She said she believed there would be an effort to get approval from SCAG Transportation Committee and Regional Council on October 6 so the City's efforts are intensified and the City remains diligent and hopes that the Los Angeles County of Public Works will support D.B.'s belief that the proposed project is entirely unfeasible. 2.3 ACM/Doyle provided a Power Point presentation update on the construction of the Library/City Hall project. 3. PUBLIC COMMENTS: Bridget Reynolds and Becky Serrano, Co -Editors of the Windmill and DB Community Foundation members spoke about the November 12th Holiday Gala, The Windmill's next edition and fundraising efforts to support the community. 4. RESPONSE TO PUBLIC COMMENTS: None Offered 5. SCHEDULE OF FUTURE EVENTS: 5.1 Parks and Recreation Commission Meeting — September 22, 2011 — 7:00 p.m., SCAQMD/Government Center Hearing Board Room, 21865 Copley Drive. 5.2 Planning Commission Meeting — September 27, 2011 — 7:00 p.m., SCAQMD/Government Center Auditorium, 21865 Copley Drive. 5.3 City Council Meeting — October 4, 2011 — 6:30 p.m., SCAQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: C/Herrera moved, MPT/Chang seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka, MPT/Chang M/Tye - - NOES: COUNCIL MEMBERS: None ABSENT:COUNCIL MEMBERS: None SEPTEMBER 20, 2011 PAGE 5 CITY COUNCIL 6.1. CITY COUNCIL MINUTES: 6.1.1 Study Session of August 16, 2011 —Approved as submitted. 6.1.2 Regular Meeting of August 16, 2011 — Approved as submitted. 6.2 PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of June 28, 2011 — Received and filed. 6.2.2 Regular Meeting of July 12, 2011 — Received and filed. 6.2.3 Regular Meeting of July 26, 2011 — Received and filed. 6.3 PARKS AND RECREATION COMMISSION MINUTES: 6.3.1 Study Session of May 12, 2011 — Received and filed. 6.3.2 Regular Meeting of July 28, 2011 — Received and filed. 6.4 RATIFIED CHECK REGISTER — Dated August 11, 2011 through September 14, 2011 totaling $2,940,617.70. 6.5 APPROVED TREASURER'S STATEMENT — For the Month of July, 2011. 6.6 ADOPTED ORDINANCE 05(2011): AN ORDINANCE DETERMINING THAT THE CITY AND THE DIAMOND BAR REDEVELOPMENT AGENCY WILL COMPLY WITH THE VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE IN ORDER TO PERMIT THE CONTINUED EXISTENCE AND OPERATION OF THE DIAMOND BAR REDEVELOPMENT AGENCY. 6.7 AWARDED CONTRACT TO AV] -CON (DBA CA CONSTRUCTION) FOR CONSTRUCTION OF SILVER TIP PARK IMPROVEMENTS IN THE AMOUNT OF $417,000, PLUS A CONTINGENCY OF $34,646 (8%) FOR A TOTAL AUTHORIZATION OF $451,646; AND APPROPRIATED $150,000 OF PROPOSITION A "SAFE PARKS ACT" FUNDS AND TRANSFER TO RESERVES $50,821 OF PARK DEVELOPMENT FUNDS PREVIOUSLY APPROPRIATED FOR THIS PROJECT IN THE 2011112 FY BUDGET. 6.8 AWARDED CONTRACT TO ACE CONSTRUCTION AND DESIGN FOR CONSTRUCTION OF SYCAMORE CANYON PARK TRAIL — PHASE IV IN THE AMOUNT OF $345,217.08, PLUS A CONTINGENCY OF $34,522 (10%), FOR A TOTAL AUTHORIZATION OF $379,739.08. SEPTEMBER 20, 2011 PAGE 6 CITY COUNCIL 6.9 RECEIVED AND FILED GENERAL PLAN STATUS REPORT FOR 2011. 7. PUBLIC HEARING: 7.1 ADOPT RESOLUTION NO. 2011-38: CONFIRMING A COST REPORT FOR NUISANCE ABATEMENT COSTS CONCERNING 783 BOWCREEK DRIVE (APN: 8281-043-065) AND ESTABLISHING A SPECIAL ASSESSMENT AND LIEN THEREOF. CDD/Gubman stated that this matter is to consider an assessment for a property abatement performed at 783 Bowcreek Drive. Nuisance Abatements are a rarity in D.B.; however, when staff is unable to obtain voluntary compliance from the property owner, even after providing generous timeframes to do so, it becomes necessary for the City to step in and eliminate a neighborhood eyesore. Fortunately, the City is allowed to recover all costs including attorney's fees through the Council's approval of a Special Assessment against these properties. This is the second time in two years that the City has encountered a situation in which an owner declared bankruptcy and walked away from the property and now the property is in foreclosure. Staff has been in communications with Bank of America who is foreclosing on the property to remedy the exterior property maintenance issues; however, Bank of America has not been active in responding to the City's concerns and their failure to act necessitated the City issuing a second "Notice to Abate" on July 27 of this year which was followed by the execution of an Abatement Warrant on August 23. He presented a photographic chronology of the abatement action. CDD/Gubman stated that at this point the City hopes that the bank will soon place this property on their foreclosed property maintenance cycle. In lieu of that, staff is now able to invoke State laws that enable the City to impose daily fines if the property again reverts to being a public nuisance. For now, the City is authorized to seek fair compensation for the expenses incurred in performing the August abatement through a special assessment on the property that becomes due with the property tax bill. The purpose of tonight's hearing is to present to the City Council staffs accounting of the costs to the City, to allow the owners to be heard and for the City Council to render its decision on whether or not to impose the assessment, and if so, to set the amount to be assessed. As shown on the accounting summary and in the details, staff's recommendation is that the City Council Open the Public Hearing, receive testimony, close the Public Hearing, and Adopt Resolution No. 2011-38 to record a Special Assessment of $5,233.51. He concluded his presentation with before and after SEPTEMBER 20, 2011 PAGE 7 CITY COUNCIL photos taken of the property on the date the abatement occurred. MPT/Chang said she had received many complaints about this property and because of its close proximity to the public park, she believes Council should move forward to adopt the Resolution. M/Tye asked if this would be reimbursed with the November 2011 or April 2012 tax bill. CDD/Gubman stated that based on the City's Municipal Code deadlines, the assessment would have needed to be recorded no later than August 10, 2011 to get it on the November 2011 bill. Therefore, this assessment will appear on next year's tax bill. C/Everett agreed this was a public nuisance and eyesore as well as a property that created public safety and health issues and asked if this was the fastest that the City could move. CDD/Gubman said it could not be done faster because it was a matter of giving the property owner the opportunity to take care of the problem. In addition, the City was researching to find out where the property was in the foreclosure process because at sometime in the process when the foreclosure is completed the lender becomes responsible for the property which accounted for some of the billable hours for the City Prosecutor. Under more conventional circumstances, staff may have been able to address this in a more timely fashion. With the responsibility for the property being in limbo staff took extra time in the hopes of having this taken care of by the lender. The other factor that staff took into account in the timing of this matter is that staff was hoping to give additional time to allow the foreclosure process to be completed and have the abatement concluded which did not happen. In hind sight, staff probably would have taken care of this sooner and dealt with the bank as an independent process. C/Everett said he would prefer to be more aggressive in these matters and asked if the State's process was similar and faster. CDD/Gubman stated that the State process is more of a "penalty" assessment where if the City declares the property a nuisance again and the property is in foreclosure the City is able to assess an administrative fine of up to $1000 per day against the lender. The City can do that as well as, physically abate the property. C/Everett thanked staff and encouraged the City to be aggressive because at $1000 per day someone might more quickly step forward to pay attention more quickly. SEPTEMBER 20, 2011 PAGE 8 CITY COUNCIL N. M/Tye opened the Public Hearing. With no one present who wished to speak on this matter, M/Tye closed the Public Hearing. C/Herrera moved, MPT/Chang seconded, to Adopt Resolution No. 2011-38: Conforming a Cost Report for Nuisance Abatement Costs Concerning 783 Bowcreek Drive (APN: 8281-043-065) and establishing a Special Assessment and lien thereof. Motion carried by the following Rall Call vote: AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka, MPT/Chang, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None COUNCIL CONSIDERATION: 8.1 APPROVE RIGHT-OF-WAY COOPERATIVE AGREEMENT WITH THE CITY OF INDUSTRY AND STATE OF CALIFORNIA THROUGH THE DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR CONSTRUCTION OF A NEW FREEWAY INTERCHANGE AT LEMON AVENUE ON STATE ROUTE 60. AE/Young stated that in 1968 a freeway agreement was executed between the State of California and the County of Los Angeles to construct an interchange on SR60 at Lemon Avenue. However, due to lack of funding at the time, that project was never constructed. In June 2004 the City of Industry and City of D.B. entered into a Letter of Agreement to cooperatively pursue the Lemon Avenue Interchange project and in November 2008 the final EIR was approved by the State. Currently, the design of the project continues while final plans are nearing 100 percent completion. In December 2010 Council approved a freeway agreement with the State which would permit the construction of the newly designed interchange at Lemon Avenue. In conjunction with efforts to date, this project remains a priority on the City Council's list of Goals and Objectives. Once constructed, the interchange at Lemon Avenue will consist of a westbound onramp and eastbound off ramp and on ramp. The westbound onramp was not pursued as part of this project due to the extensive private property impacts to residences along Moonlake Drive as well as, the Walnut Valley School District property. The existing eastbound on/off ramps also referred to as the Hook Ramps at Brea Canyon Road and Golden Springs Drive will be closed once the Lemon Avenue Interchange is constructed. However, the existing westbound onramps and existing westbound ramps at Brea Canyon will remain open. As part of the partial SEPTEMBER 20, 2011 PAGE 9 CITY COUNCIL diamond interchange at Lemon Avenue, seven private property partial takes will be necessary to construct the eastbound on/off ramps. Temporary construction easements will also be required for the duration of construction activities. However, the property required for these easements will be returned to each property owner once construction is completed. Of the seven properties that will be affected by the partial property takes, five are residential properties in their rear yards along the private properties on Flintgate Drive (Lots 18-22). The average area of the rear yard property that will be required from each residential lot is approximately 400 square feet with the exception of Lot 22 where the impact is just over 100 square feet. Additionally, the commercial, retail and restaurant center at the northwest corner of Lemon Avenue and Golden Springs Drive will have a small triangular piece of land taken which is currently landscaped hillside as well as, a sliver of property from the LA Fitness parking and landscaped area at the rear of the building. Since these takings are necessary for the construction of improvements along a state highway, Caltrans will take the lead on all partial property acquisitions which is the purpose of the agreement before the Council this evening. The first step in the process is that the State will contact each of the owners of properties identified to have right- of-way impacts. Caltrans will send out a Notice of Decision to Appraise which will contain information about the project as well as, a booklet identifying the property owners' rights in the acquisition process. In this letter the owners will be requested to set up an appointment for the appraiser to inspect the property that will be acquired. The appraisal process is estimated to take 10 weeks at which time an appraisal price is determined. Once the appraisal price is approved, the State will have 30 days to present an offer to each of the property owners. The owner will then have 30 days to accept or deny the offer. Owners will have the right to obtain an independent appraisal within the timeframe and the State will reimburse the owners a certain dollar amount for the independent appraisal. In the event the owner denies the State's appraisal price offer or if a contract price cannot be agreed upon, condemnation proceedings will begin which can take from six to nine months. Condemnation proceedings allow the State to take the property through the power of Eminent Domain wherein the State will be responsible for determining the fair market purchase price of the property in question. Upon legal acquisition of the property, new title reports will be issued and the State will become the legal landowner of the acquired property. The entire right-of-way phase of the project which includes the partial property acquisitions and utility relocation and temporary easement acquisitions, is estimated to take up to 18 months. Currently, the State does not anticipate beginning right-of-way acquisitions until March 2012. The total SEPTEMBER 20, 2011 PAGE 10 CITY COUNCIL right-of-way phase of the project is estimated at $1.486 million which includes $900,000 in acquisition costs and $586,000 in Caltrans support costs. To date, the City has secured $8.63 million in Federal safety -in -lieu funding which will be used to fund the right- of-way and construction phases of the project. In order to utilize Federal funding, 100 percent of the costs must be paid up front to the City which, in turn, will be reimbursed. The safety -in -lieu funds have a reimbursement ratio of 80/20 meaning that only 80 percent of the total costs will be reimbursed to the City while 20 percent of the costs must be funded through local funds. The City of Industry has agreed to pay the State 100 percent of the costs up front and the City of D.B. will reimburse City of Industry the 80 percent that D.B. will be reimbursed leaving the 20 percent local match to be paid by the City of Industry. M/Tye asked if there was anyone in the audience who wished to speak on this item. No public comments were offered on this item. MPT/Chang moved, C/Everett seconded, to move approval of the Right -of -Way Cooperative Agreement with the City of Industry and State of California through the Department of Transportation (Caltrans) for construction of a new freeway interchange at Lemon Avenue on State Route 60. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka, MPT/Chang, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8.2 APPROVE PURCHASE OF FURNITURE, FIXTURES AND EQUIPMENT (FF&E) IN AN AMOUNT NOT TO EXCEED $775,000 FROM INTERIOR OFFICE SOLUTIONS (IOS) AND GUNLOCKE/CARE OF IOS TO FURNISH THE NEWLY CONSTRUCTED CITY HALL FACILITY. Project Manager ACM/Doyle stated that this agenda item requests City Council approval for the purchase of furniture, fixtures and equipment for the new City Hall facility in an amount not to exceed $775,000 from Interior Office Solutions and Gunlocke/care through IOS to furnish the newly constructed City Hall facility. Since the 2011/12 budget allocation, staff has conducted a detailed analysis and conducted an exhaustive review of the existing furniture and whether it can be repurposed as well as meeting with each staff member to review what is necessary to furnish their work areas and other areas within the facility. The three major categories of furniture are hard wall, modular and ancillary. Staff is SEPTEMBER 20, 2011 PAGE 11 CITY COUNCIL recommending that all of the hard walled offices receive new furniture with the exception of the sheriffs contact and building official who are not in City Hall on a regular 40 -hour basis, The modular furniture will be purchased from Hayworth since the only modular furniture the City owns was purchased when the City first incorporated and could not be matched with any existing product. Staff is also recommending that the ancillary furnishings be purchased to include furnishings for the large conference rooms, work spaces, lobby areas, break rooms, and community spaces. Because the City is purchasing these items in bulk under a state license contract, it will receive a 61.8 percent discount off the list price of the furniture, fixtures and equipment. Some office furniture in the City Council office and City Manager's office will be repurposed; however, new filing drawers for those offices will be purchased. The balance of the current storage furniture will be reused/repurposed for current or other uses within the new City Hall. Staff is asking for authorization to spend upwards of $775,000 on all of the furniture, fixtures and equipment for City Hall. The manufacturer has indicated that in order to have the furniture delivered and installed prior to the opening of the new City Hall around January 1, 2012 it must be ordered no later than September 26, 2011. C/Herrera thanked ACM/Doyle for his excellent presentation and past presentations. She has faith and confidence that staff is moving forward with the best plan possible. C/Herrera moved, MPT/Chang seconded, to approve Purchase of Furniture, Fixtures and Equipment (FF&E) in an amount not to exceed $775,000 from Interior Office Solutions (IOS) and Gunlocke/care of IOS to furnish the newly constructed City Hall facility. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka, MPT/Chang, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: MPT/Chang thanked Bridgette and Becky from the Diamond Bar Community Foundation and asked everyone to support the Gala on November 12. She attended the League of California Cities Board of Directors strategic planning session, economic development conference Mobility 21, a transportation conference offering important information SEPTEMBER 20, 2011 PAGE 12 CITY COUNCIL about how southern California leveraged itself against political realities. She presented a legislative report at Contract Cities, attended Diamond Bar Day at the Fair and congratulated the Volunteers of the Year for the City of D.B. There is a wonderful campaign called "One City/One Zip Code" and said she believed that the affected residents would receive a survey at the end of September to resolve the zip code issue and several other issues resulting from having two separate zip codes. Referencing the 10th Anniversary of 9/11, when the tragedy occurred she was in Las Vegas, Nevada and that she immediately went to the American Red Cross and waited for eight hours to give blood; however, she and others were turned away because there was no way to store any more blood. She thanked public safety employees who sacrifice to keep everyone safe. C/Tanaka attended the last Concert in the Park and Movies under the Stars and thanked CSD/Rose and staff for their work on the seven -week program. On August 18 he attended the LA County Sheriff's scholarship dinner and congratulated D.B.'s newest Eagle Scout, James McCreary from Troop 730. This past Saturday he attended Walnut/D.B. Sheriff's Station's family picnic. Last Friday he attended See's Candies Grand Opening and Ribbon -Cutting Ceremonies and on Sunday, September 11 he attended the St. Denis Church 9/11 Tribute. Last Wednesday he attended the California Contract Cities Association Board of Directors dinner meeting and the next day attended the Diamond Bar Day at the Fair which was shared with the City of Montclair this year. He congratulated the Diamond Bar Community Heroes, the DBHS Marching Band, Color Guard and Miss Diamond Bar and her court. C/Everett acknowledged volunteer work and recognition. He applauded all and said it was important to enjoy life and community. School opens in September and was privileged to attend Pomona Unified School District's first annual staff kickoff for over 2500 employees aimed at "Fit for Learning -Fit for Life" theme with a college focus. He commented on Item 6.9 (The General Plan) and expressed his personal commitment and support of staff, to in the near future not just receive and file the report, but take ownership and responsibility and try in the next few weeks and months to work on economic development. He thanked Monsignor Loughnane for his thoughtful comments this evening. C/Herrera said she attended many meetings during the past four weeks. One of the bright spots was the ribbon -cutting and official grand opening of See's Candies and hoped that everyone in D.B. would support this business. Many mourn the loss of Ralph's Market and Acapulco Restaurant and as City Council and staff attempt to entice other businesses to locate in D.B. it is very important for residents to support the businesses while they are here and support current businesses so that they do not have to close their doors. Some businesses are struggling and Council would not like to see more close. There were many, many SEPTEMBER 20, 2011 PAGE 12 CITY COUNCIL his personal commitment and support of staff, to in the near future not just receive and file the report, but take ownership and responsibility and try in the next few weeks and months to work on economic development. He thanked Monsignor Loughnane for his thoughtful comments this evening. C/Herrera said she attended many meetings during the past four weeks. One of the bright spots was the ribbon -cutting and official grand opening of See's Candies and hoped that everyone in D.B. would support this business. Many mourn the loss of Ralph's Market and Acapulco Restaurant and as City Council and staff attempt to entice other businesses to locate in D.B. it is very important for residents to support the businesses while they are here and support current businesses so that they do not have to close their doors. Some businesses are struggling and Council would not like to see more close. There were many, many special 9/11 ceremonies at local schools and churches. She also attended the ceremony at St. Denis Church and it was very meaningful, heartfelt and emotional. M/Tye said it was a privilege to cut the ribbon for See's Candies at the "sweetest" ribbon -cutting ceremony he has ever been involved with. He thanked See's — Corporate for making the decision to locate a store in D.B. and to the property owners Ted Robinson and Al Bertha who solicited See's to come to D.B. The City appreciates their efforts and M/Tye said he would do everything in his power to make sure that See's stays in business. He appreciates staff so much. Mr. and Mrs. Richard Ortiz took time to send a letter to the City Council for staffs help in celebrating their mother's 90th birthday. The letter referenced appreciation to staff members April Batson, Bob Rose, Neo Ruelas, David Carrillo, Vanessa Ayala and Caitlen Kimble. He also acknowledged that a client of the City said that David Alvarez exceeded the expectations of the applicant. He appreciates everything staff does and all of the work staff members do to make the City run so smoothly. ADJOURNMENT: With no further business to conduct, MPT/Chang adjourned the Regular City Council meeting at 8:02 p.m. TOMMY CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this 4th day of October , 2011. MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR SEPTEMBER 20, 2011 STUDY SESSION: 5:46 p.m., Room CC -8 ^ Discussion of the Purchase of City Hall Furniture, Fixtures and Equipment Study Session recessed at 6:20 p.m. CALL TO ORDER: Mayor Tye called the Regular City Council meeting to order at 6:32 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. CM/DeStefano stated that during tonight's Study Session Council discussed the process staff went through for the purchase of new furniture, fixtures and equipment for City Hall. This is related to Agenda Item 8.2. No decisions were made. PLEDGE OF ALLEGIANCE: Truc Dever, Director of Community Affairs for GLAVCD, led the Pledge of Allegiance. INVOCATION: Monsignor James Loughnane, St. Denis Catholic Church, gave the invocation. ROLL CALL: Council Members Ron Everett, Carol Herrera, Jack Tanaka, Mayor Pro Tern Ling -Ling Chang and Mayor Tye. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Mike Jenkins, City Attorney; Ken Desforges, IS Director; David Liu, Public Works Director; Greg Gubman, Community Development Director; Ryan McLean, Assistant to the City Manager; Rick Yee, Senior Civil Engineer; Kimberly Young, Associate Engineer; Anthony Santos, Senior Management Analyst; Cecilia Arellano, Public Information Coordinator; and, Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 Presentation by the Greater Los Angeles County Vector Control District Re: West Nile Virus - Truc Dever, Director of Community Affairs for GLAVCD, updated the City on the recent epidemic of the West Nile Virus the agency has experienced this year. She explained how to avoid the West Nile Virus and asked residents to call the hotline number 1-877-WNVBIRD to report any dead bird sightings. Ms. Dever reported that the agency has recently seen a new threat in LA County, the Asian Tiger Mosquito that was SEPTEMBER 20, 2011 PAGE 2 CITY COUNCIL discovered in shipments of Lucky Bamboo. She cautioned that since the Asian Tiger Mosquito bites during the day there is a potential threat to residents. She stated that the District is actively working with EI Monte property owner to keep the variety confined to the immediate area while taking steps to knock down the adult mosquito population. Anyone who believes they may have seen the Asian Tiger Mosquito should report their sighting to the hotline. 2.2 Update on SCAG Truck Lane Project — CM/DeStefano reported that SCAG is again working on a Regional Transportation Plan, a document that they update every four years. This document is scheduled for adoption in early 2012 and contains a variety of policy statements that look at some 30 years into the future and deals with all modes of transportation, particularly focusing this year on goods and people movement through the Southern California area. A component within the Regional Transportation Plan is an east/west freight corridor that has been proposed to take a variety of potential routes. However, SCAG's focus during the past couple of months has been to utilize the SR60 corridor and in particular, routes that run generally adjacent or parallel to the SR60. SCAG is focusing on moving goods from the ports to Los Angeles and from Los Angeles on the 710 Freeway area easterly down the SR60 to the 15 Freeway prior to disbursing. Of interest to D.B. is the segment between the 710 to the 605 and from the 605 to the SR57. There is a desire to move significant amounts of freight through the area by utilizing the Union Pacific Railroad property between the 710 and 605 and then transitioning to the San Jose Creek Wash from the 605 Freeway to the SR57 (in the Lanterman location). D.B. has concerns about the type and size of the proposed project and the current process SCAG is undergoing to seek community input and stakeholder support. D.B. has monitored this activity for some time. In July 2011 the City Council directed staff to commence a process in opposition to this proposed project. The primary issue is that D.B. is desirous of a more efficient and environmentally sensitive means of delivering goods in and through the region and are supportive of SCAG'S efforts to identify new enhanced technologies and modes for accomplishing this. The City, however, is very concerned with several proposals currently under consideration by SCAG staff for inclusion within the Regional Transportation Plan, specifically, the segment along the SR60 and the proposed route between the 605 and the SR57. It is a proposed and preferred alignment by SCAG staff to create elevated truck lanes running through the San Jose Creek Wash which roughly runs parallel to Valley Boulevard and the SR60. The proposed structure would be approximately 50 feet above the current grade and allow for four lanes of truck traffic. Of even greater concern to D.B. is that while there are policy statements SEPTEMBER 20, 2011 PAGE 3 CITY COUNCIL that indicate that this effort would lead all the way to the 15 Freeway, there are no details as to how the trucks would transition from the San Jose Creek Wash which terminates at about the Kohl's Store located in the City of Industry at Grand Avenue and Valley Boulevard and swings back over to the SR57. A line on the map shows the transition on the Lanterman property which is immediately adjacent to homes in D.B. and within the City's jurisdiction. There is no detail as to how the traffic gets back onto the SR57/60 or how, once the vehicles are on the SR57 northbound transitions to the easterly 10 Freeway. This is a significant concern to D.B. and believes it is imperative that impacts to residential communities, business and open spaces be properly analyzed including the physical, operational and financial feasibility of this type of proposal. D.B. believes that it will impact the public health and safety of thousands if not hundreds of thousands of people in the immediate area of D.B. and cities along the freeway. D.B. has participated in numerous workshops and committee meetings and has sought partners in opposition to the proposed effort along the SR60. Staff sent letters to all entities believed to be impacted. The City has started to gain momentum; for example, the City of Walnut last Wednesday night adopted a Resolution in opposition to the project, the City of South EI Monte likewise adopted a Resolution in opposition to the project last Wednesday night, the City of Chino is very concerned about the project and LA County Supervisors Gloria Molina and Don Knabe are also very concerned for residents within the corridor areas. The County of Los Angeles has been asked to look at the City of Industry's prepared San Jose Creek Freight Corridor Feasibility Study. CM/DeStefano continued stating that D.B. has pointed out that this particular proposal along the San Jose Creek Wash will interfere with a number of ongoing priorities that COG has for the San Jose Valley in this area. It has been identified that this project will greatly interfere with the 5R57/60 improvement project that is well under discussion and that it will specifically interfere with the missing connectors from the SR60 northbound on the SR57 as well as, the SR57 eastbound to the SR60. D.B. and COG believes that the proposed project will interfere with the SR57 HOV lanes that move north from the SR60 to the 210 Freeway. D.B. believes that the proposed project will impact the Gold Line Light Rail Project which is generally proposed west of the 605 Freeway as well as, the ongoing interchange project at the SR60 and 605 Freeway which includes mixed -flow and HOV connectors. LA County has spent a lot of money for bike lane projects, open space projects, restoration projects and others along the San Jose Creek Wash, particularly in the area where it intersects with the 605 Freeway by Whittier Narrows. D.B. will continue to monitor this matter and provide SEPTEMBER 20, 2011 PAGE 4 CITY COUNCIL comments and opposition to the proposed truck lanes. C/Herrera thanked CM/DeStefano for a very thorough report and thanked SE/Yee and PWD/Liu who have attended countless meetings in downtown Los Angeles. There were times when it was a very good thing when D.B. was represented because there were efforts to get the committee to approve these truck lanes and the project would then move very quickly through to the greater SCAG committee. She said she believed there would be an effort to get approval from SCAG Transportation Committee and Regional Council on October 6 so the City's efforts are intensified and the City remains diligent and hopes that the Los Angeles County of Public Works will support D.B.'s belief that the proposed project is entirely unfeasible. 2.3 ACM/Doyle provided a Power Point presentation update on the construction of the Library/City Hall project. 3. PUBLIC COMMENTS: Bridget Reynolds and Becky Serrano, Co -Editors of the Windmill and DB Community Foundation members spoke about the November 12th Holiday Gala, The Windmill's next edition and fundraising efforts to support the community. 4. RESPONSE TO PUBLIC COMMENTS: None Offered 5. SCHEDULE OF FUTURE EVENTS: 5.1 Parks and Recreation Commission Meeting — September 22, 2011 — 7:00 p.m., SCAQMD/Government Center Hearing Board Room, 21865 Copley Drive. 5.2 Planning Commission Meeting — September 27, 2011 — 7:00 p.m., SCAQMD/Government Center Auditorium, 21865 Copley Drive. 5.3 City Council Meeting — October 4, 2011 — 6:30 p.m., SCAQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: C/Herrera moved, MPT/Chang seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call: AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka, MPT/Chang M/Tye NOES: COUNCIL MEMBERS: None ABSENT:COUNCIL MEMBERS: None SEPTEMBER 20, 2011 PAGE 5 CITY COUNCIL 6.1. CITY COUNCIL MINUTES: 6. 1.1 Study Session of August 16, 2011 —Approved as submitted. 6.1.2 Regular Meeting of August 16, 2011 —Approved as submitted. 6.2 PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of June 28, 2011 — Received and filed. 6.2.2 Regular Meeting of July 12, 2011 — Received and filed. 6.2.3 Regular Meeting of July 26, 2011 — Received and filed. 6.3 PARKS AND RECREATION COMMISSION MINUTES: 6.3.1 Study Session of May 12, 2011 — Received and filed. 6.3.2 Regular Meeting of July 28, 2011 — Received and filed. 6.4 RATIFIED CHECK REGISTER — Dated August 11, 2011 through September 14, 2011 totaling $2,940,617.70. 6.5 APPROVED TREASURER'S STATEMENT — For the Month of July, 2011. 6.6 ADOPTED ORDINANCE 05(2011): AN ORDINANCE DETERMINING THAT THE CITY AND THE DIAMOND BAR REDEVELOPMENT AGENCY WILL COMPLY WITH THE VOLUNTARY ALTERNATIVE REDEVELOPMENT PROGRAM PURSUANT TO PART 1.9 OF DIVISION 24 OF THE CALIFORNIA HEALTH AND SAFETY CODE IN ORDER TO PERMIT THE CONTINUED EXISTENCE AND OPERATION OF THE DIAMOND BAR REDEVELOPMENT AGENCY. 6.7 AWARDED CONTRACT TO AVI-CON (DBA CA CONSTRUCTION) FOR CONSTRUCTION OF SILVER TIP PARK IMPROVEMENTS IN THE AMOUNT OF $417,000, PLUS A CONTINGENCY OF $34,646 (8%) FOR A TOTAL AUTHORIZATION OF $451,646; AND APPROPRIATED $150,000 OF PROPOSITION A "SAFE PARKS ACT" FUNDS AND TRANSFER TO RESERVES $50,821 OF PARK DEVELOPMENT FUNDS PREVIOUSLY APPROPRIATED FOR THIS PROJECT IN THE 2011/12 FY BUDGET. 6.8 AWARDED CONTRACT TO ACE CONSTRUCTION AND DESIGN FOR CONSTRUCTION OF SYCAMORE CANYON PARK TRAIL — PHASE IV IN THE AMOUNT OF $345,217.08, PLUS A CONTINGENCY OF $34,522 (10%), FOR A TOTAL AUTHORIZATION OF $379,739.08. SEPTEMBER 20, 2011 PAGE 6 CITY COUNCIL 6.9 RECEIVED AND FILED GENERAL PLAN STATUS REPORT FOR 2011. 7. PUBLIC HEARING: 7.1 ADOPT RESOLUTION NO. 2011-38: CONFIRMING A COST REPORT FOR NUISANCE ABATEMENT COSTS CONCERNING 783 BOWCREEK DRIVE (APN: 8281-043-065) AND ESTABLISHING A SPECIAL ASSESSMENT AND LIEN THEREOF. CDD/Gubman stated that this matter is to consider an assessment for a property abatement performed at 783 Bowcreek Drive. Nuisance Abatements are a rarity in D.B.; however, when staff is unable to obtain voluntary compliance from the property owner, even after providing generous timefrannes to do so, it becomes necessary for the City to step in and eliminate a neighborhood eyesore. Fortunately, the City is allowed to recover all costs including attorney's fees through the Council's approval of a Special Assessment against these properties. This is the second time in two years that the City has encoUntered a situation in which an owner declared bankruptcy and walked away from the property and now the property is in foreclosure. Staff has been in communications with Bank of America who is foreclosing on the property to remedy the exterior property maintenance issues; however, Bank of America has not been active in responding to the City's concerns and their failure to act necessitated the City issuing a second "Notice to Abate" on July 27 of this year which was followed by the execution of an Abatement Warrant on August 23. He presented a photographic chronology of the abatement action. CDD/Gubman stated that at this point the City hopes that the bank will soon place this property on their foreclosed property maintenance cycle. In lieu of that, staff is now able to invoke State laws that enable the City to impose daily fines if the property again reverts to being a public nuisance. For now, the City is authorized to seek fair compensation for the expenses incurred in performing the August abatement through a special assessment on the property that becomes due with the property tax bill. The purpose of tonight's hearing is to present to the City Council staffs accounting of the costs to the City, to allow the owners to be heard and for the City Council to render its decision on whether or not to impose the assessment, and if so, to set the amount to be assessed. As shown on the accounting summary and in the details, staff's recommendation is that the City Council Open the Public Hearing, receive testimony, close the Public Hearing, and Adopt Resolution No. 2011-38 to record a Special Assessment of $5,233.51. He concluded his presentation with before and after SEPTEMBER 20, 2011 PAGE 7 CITY COUNCIL photos taken of the property on the date the abatement occurred. MPT/Chang said she had received many complaints about this property and because of its close proximity to the public park, she believes Council should move forward to adopt the Resolution. M/Tye asked if this would be reimbursed with the November 2011 or April 2012 tax bill. CDD/Gubman stated that based on the City's Municipal Code deadlines, the assessment would have needed to be recorded no later than August 10, 2011 to get it on the November 2011 bill. Therefore, this assessment will appear on next year's tax bill. C/Everett agreed this was a public nuisance and eyesore as well as a property that created public safety and health issues and asked if this was the fastest that the City could move. CDD/Gubman said it could not be done faster because it was a matter of giving the property owner the opportunity to take care of the problem. In addition, the City was researching to find out where the property was in the foreclosure process because at sometime in the process when the foreclosure is completed the lender becomes responsible for the property which accounted for some of the billable hours for the City Prosecutor. Under more conventional circumstances, staff may have been able to address this in a more timely fashion. With the responsibility for the property being in limbo staff took extra time in the hopes of having this taken care of by the lender. The other factor that staff took into account in the timing of this matter is that staff was hoping to give additional time to allow the foreclosure process to be completed and have the abatement concluded which did not happen. In hind sight, staff probably would have taken care of this sooner and dealt with the bank as an independent process. C/Everett said he would prefer to be more aggressive in these matters and asked if the State's process was similar and faster. CDD/Gubman stated that the State process is more of a "penalty" assessment where if the City declares the property a nuisance again and the property is in foreclosure the City is able to assess an administrative fine of up to $1000 per day against the lender. The City can do that as well as, physically abate the property. C/Everett thanked staff and encouraged the City to be aggressive because at $1000 per day someone might more quickly step forward to pay attention more quickly. SEPTEMBER 20, 2011 PAGE 8 CITY COUNCIL M/Tye opened the Public Hearing. With no one present who wished to speak on this matter, M/Tye closed the Public Hearing. C/Herrera moved, MPT/Chang seconded, to Adopt Resolution No. 2011-38: Conforming a Cost Report for Nuisance Abatement Costs Concerning 783 Bowcreek Drive (APN: 8281-043-065) and establishing a Special Assessment and lien thereof. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka, MPT/Chang, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8. COUNCIL CONSIDERATION: 8.1 APPROVE RIGHT-OF-WAY COOPERATIVE AGREEMENT WITH THE CITY OF INDUSTRY AND STATE OF CALIFORNIA THROUGH THE DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR CONSTRUCTION OF A NEW FREEWAY INTERCHANGE AT LEMON AVENUE ON STATE ROUTE 60. AE/Young stated that in 1968 a freeway agreement was executed between the State of California and the County of Los Angeles to construct an interchange on SR60 at Lemon Avenue. However, due to lack of funding at the time, that project was never constructed. In June 2004 the City of Industry and City of D.B. entered into a Letter of Agreement to cooperatively pursue the Lemon Avenue Interchange project and in November 2008 the final EIR was approved by the State. Currently, the design of the project continues while final plans are nearing 100 percent completion. In December 2010 Council approved a freeway agreement with the State which would permit the construction of the newly designed interchange at Lemon Avenue. In conjunction with efforts to date, this project remains a priority on the City Council's list of Goals and Objectives. Once constructed, the interchange at Lemon Avenue will consist of a westbound onramp and eastbound off ramp and on ramp. The westbound onramp was not pursued as part of this project due to the extensive private property impacts to residences along Moonlake Drive as well as, the Walnut Valley School District property. The existing eastbound on/off ramps also referred to as the Hook Ramps at Brea Canyon Road and Golden Springs Drive will be closed once the Lemon Avenue Interchange is constructed. However, the existing westbound onramps and existing westbound ramps at Brea Canyon will remain open. As part of the partial SEPTEMBER 20, 2011 PAGE 9 CITY COUNCIL diamond interchange at Lemon Avenue, seven private property partial takes will be necessary to construct the eastbound on/off ramps. Temporary construction easements will also be required for the duration of construction activities. However, the property required for these easements will be returned to each property owner once construction is completed. Of the seven properties that will be affected by the partial property takes, five are residential properties in their rear yards along the private properties on Flintgate Drive (Lots 18-22). The average area of the rear yard property that will be required from each residential lot is approximately 400 square feet with the exception of Lot 22 where the impact is just over 100 square feet. Additionally, the commercial, retail and restaurant center at the northwest corner of Lemon Avenue and Golden Springs Drive will have a small triangular piece of land taken which is currently landscaped hillside as well as, a sliver of property from the LA Fitness parking and landscaped area at the rear of the building. Since these takings are necessary for the construction of improvements along a state highway, Caltrans will take the lead on all partial property acquisitions which is the purpose of the agreement before the Council this evening. The first step in the process is that the State will contact each of the owners of properties identified to have right- of -way impacts. Caltrans will send out a Notice of Decision to Appraise which will contain information about the project as well as, a booklet identifying the property owners' rights in the acquisition process. In this letter the owners will be requested to set up an appointment for the appraiser to inspect the property that will be acquired. The appraisal process is estimated to take 10 weeks at which time an appraisal price is determined. Once the appraisal price is approved, the State will have 30 days to present an offer to each of the property owners. The owner will then have 30 days to accept or deny the offer. Owners will have the right to obtain an independent appraisal within the timeframe and the State will reimburse the owners a certain dollar amount for the independent appraisal. In the event the owner denies the State's appraisal price offer or if a contract price cannot be agreed upon, condemnation proceedings will begin which can take from six to nine months. Condemnation proceedings allow the State to take the property through the power of Eminent Domain wherein the State will be responsible for determining the fair market purchase price of the property in question. Upon legal acquisition of the property, new title reports will be issued and the State will become the legal landowner of the acquired property. The entire right-of-way phase of the project which includes the partial property acquisitions and utility relocation and temporary easement acquisitions, is estimated to take up to 18 months. Currently, the State does not anticipate beginning right-of-way acquisitions until March 2012. The total SEPTEMBER 20, 2011 PAGE 10 CITY COUNCIL right-of-way phase of the project is estimated at $1.486 million which includes $900,000 in acquisition costs and $586,000 in Caltrans support costs. To date, the City has secured $8.63 million in Federal safety -in -lieu funding which will be used to fund the right- of -way and construction phases of the project. In order to utilize Federal funding, 100 percent of the costs must be paid up front to the City which, in turn, will be reimbursed. The safety -in -lieu funds have a reimbursement ratio of 80/20 meaning that only 80 percent of the total costs will be reimbursed to the City while 20 percent of the costs must be funded through local funds. The City of Industry has agreed to pay the State 100 percent of the costs up front and the City of D.B. will reimburse City of Industry the 80 percent that D.B. will be reimbursed leaving the 20 percent local match to be paid by the City of Industry. M/Tye asked if there was anyone in the audience who wished to speak on this item. No public comments were offered on this item. MPT/Chang moved, C/Everett seconded, to move approval of the Right -of -Way Cooperative Agreement with the City of Industry and State of California through the Department of Transportation (Caltrans) for construction of a new freeway interchange at Lemon Avenue on State Route 60. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka, MPT/Chang, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 8.2 APPROVE PURCHASE OF FURNITURE, FIXTURES AND EQUIPMENT (FF&E) IN AN AMOUNT NOT TO EXCEED $775,000 FROM INTERIOR OFFICE SOLUTIONS (IOS) AND GUNLOCKE/CARE OF IOS TO FURNISH THE NEWLY CONSTRUCTED CITY HALL FACILITY. Project Manager ACM/Doyle stated that this agenda item requests City Council approval for the purchase of furniture, fixtures and equipment for the new City Hall facility in an amount not to exceed $775,000 from Interior Office Solutions and Gunlocke/care through IOS to furnish the newly constructed City Hall facility. Since the 2011/12 budget allocation, staff has conducted a detailed analysis and conducted an exhaustive review of the existing furniture and whether it can be repurposed as well as meeting with each staff member to review what is necessary to furnish their work areas and other areas within the facility. The three major categories of furniture are hard wall, modular and ancillary. Staff is SEPTEMBER 20, 2011 PAGE 11 CITY COUNCIL recommending that all of the hard walled offices receive new furniture with the exception of the sheriffs contact and building official who are not in City Hall on a regular 40 -hour basis. The modular furniture will be purchased from Hayworth since the only modular furniture the City owns was purchased when the City first incorporated and could not be matched with any existing product. Staff is also recommending that the ancillary furnishings be purchased to include furnishings for the large conference rooms, work spaces, lobby areas, break rooms, and community spaces. Because the City is purchasing these items in bulk under a state license contract, it will receive a 61.8 percent discount off the list price of the furniture, fixtures and equipment. Some office furniture in the City Council office and City Manager's office will be repurposed; however, new filing drawers for those offices will be purchased. The balance of the current storage furniture will be reused/repurposed for current or other uses within the new City Hall. Staff is asking for authorization to spend upwards of $775,000 on all of the furniture, fixtures and equipment for City Hall. The manufacturer has indicated that in order to have the furniture delivered and installed prior to the opening of the new City Hall around January 1, 2012 it must be ordered no later than September 26, 2011. C/Herrera thanked ACM/Doyle for his excellent presentation and past presentations. She has faith and confidence that staff is moving forward with the best plan possible. C/Herrera moved, MPT/Chang seconded, to approve Purchase of Furniture, Fixtures and Equipment (FF&E) in an amount not to exceed $775,000 from Interior Office Solutions (IOS) and Gunlocke/care of IOS to furnish the newly constructed City Hall facility. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Everett, Herrera, Tanaka, MPT/Chang, MfTye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: MPT/Chang thanked Bridgette and Becky from the Diamond Bar Community Foundation and asked everyone to support the Gala on November 12. She attended the League of California Cities Board of Directors strategic planning session, economic development conference Mobility 21, a transportation conference offering important information SEPTEMBER 20, 2011 PAGE 12 CITY COUNCIL about how southern California leveraged itself against political realities. She presented a legislative report at Contract Cities, attended Diamond Bar Day at the Fair and congratulated the Volunteers of the Year for the City of D.B. There is a wonderful campaign called "One City/One Zip Code" and said she believed that the affected residents would receive a survey at the end of September to resolve the zip code issue and several other issues resulting from having two separate zip codes. Referencing the 10th Anniversary of 9/11, when the tragedy occurred she was in Las Vegas, Nevada and that she immediately went to the American Red Cross and waited for eight hours to give blood; however, she and others were turned away because there was no way to store any more blood. She thanked public safety employees who sacrifice to keep everyone safe. CfTanaka attended the last Concert in the Park and Movies under the Stars and thanked CSD/Rose and staff for their work on the seven -week program. On August 18 he attended the LA County Sheriff's scholarship dinner and congratulated D.B.'s newest Eagle Scout, James McCreary from Troop 730. This past Saturday he attended Walnut/D.B. Sheriff's Station's family picnic. Last Friday he attended See's Candies Grand Opening and Ribbon -Cutting Ceremonies and on Sunday, September 11 he attended the St. Denis Church 9/11 Tribute. Last Wednesday he attended the California Contract Cities Association Board of Directors dinner meeting and the next day attended the Diamond Bar Day at the Fair which was shared with the City of Montclair this year. He congratulated the Diamond Bar Community Heroes, the DBHS Marching Band, Color Guard and Miss Diamond Bar and her court. C/Everett acknowledged volunteer work and recognition. He applauded all and said it was important to enjoy life and community. School opens in September and was privileged to attend Pomona Unified School District's first annual staff kickoff for over 2500 employees aimed at "Fit for Learning -Fit for Life" theme with a college focus. He commented on Item 6.9 (The General Plan) and expressed his personal commitment and support of staff, to in the near future not just receive and file the report, but take ownership and responsibility and try in the next few weeks and months to work on economic development. He thanked Monsignor Loughnane for his thoughtful comments this evening. C/Herrera said she attended many meetings during the past four weeks. One of the bright spots was the ribbon -cutting and official grand opening of See's Candies and hoped that everyone in D.B. would support this business. Many mourn the loss of Ralph's Market and Acapulco Restaurant and as City Council and staff attempt to entice other businesses to locate in D.B. it is very important for residents to support the businesses while they are here and support current businesses so that they do not have to close their doors. Some businesses are struggling and Council would not like to see more close. There were many, many SEPTEMBER 20, 2011 PAGE 12 CITY COUNCIL his personal commitment and support of staff, to in the near future not just receive and file the report, but take ownership and responsibility and try in the next few weeks and months to work on economic development. He thanked Monsignor Loughnane for his thoughtful comments this evening. C/Herrera said she attended many meetings during the past four weeks. One of the bright spots was the ribbon -cutting and official grand opening of See's Candies and hoped that everyone in D.B. would support this business. Many mourn the loss of Ralph's Market and Acapulco Restaurant and as City Council and staff attempt to entice other businesses to locate in D.B. it is very important for residents to support the businesses while they are here and support current businesses so that they do not have to close their doors. Some businesses are struggling and Council would not like to see more close. There were many, many special 9/11 ceremonies at local schools and churches. She also attended the ceremony at St. Denis Church and it was very meaningful, heartfelt and emotional. M/Tye said it was a privilege to cut the ribbon for See's Candies at the "sweetest" ribbon -cutting ceremony he has ever been involved with. He thanked See's Corporate for making the decision to locate a store in D.B. and to the property owners Ted Robinson and Al Bertha who solicited See's to come to D.B. The City appreciates their efforts and M/Tye said he would do everything in his power to make sure that See's stays in business. He appreciates staff so much. Mr. and Mrs. Richard Ortiz took time to send a letter to the City Council for staffs help in celebrating their mother's 90th birthday. The letter referenced appreciation to staff members April Batson, Bob Rose, Neo Ruelas, David Carrillo, Vanessa Ayala and Caitlen Kimble. He also acknowledged that a client of the City said that David Alvarez exceeded the expectations of the applicant. He appreciates everything staff does and all of the work staff members do to make the City run so smoothly. ADJOURNMENT: With no further business to conduct, MPT/Chang adjourned the Regular City Council meeting at 8:02 p.m. — /11. TOMMY CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this 4th day of October 2011.