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HomeMy WebLinkAbout03/19/2013VId111Vl1u City Council Agenda Tuesday, March 19, 2013 6:00 p.m., Closed Session — Room CC -8 6:30 p.m. — Regular Meeting The Government Center South Coast Air Quality Management District/ Main Auditorium 21865 Copley Drive, Diamond Bar, CA 91765 Jack Tanaka Ron Everett Mayor Mayor Pro Tem Ling -Ling Chang Carol Herrera Steve Tye Council Member Council Member Council Member City Manager James DeStefano City Attorney Michael Jenkins City Clerk Tommye Cribbins Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title It of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Have online access? City Council Agendas are now available on the City of Diamond Bar's web site at www.CityofDiamondRar.com Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. CITY OF DIAMOND BAR CITY COUNCIL AGENDA March 19, 2013 Next Resolution No. 2013-03 Next Ordinance No. 01 (2013) CLOSED SESSION: 6:00 p.m., Room CC -8 Public Comments on Closed Session Agenda ► Government Code Section 54957 - City Attorney Public Comments: CALL TO ORDER: PLEDGE OF ALLEGIANCE INVOCATION: ROLL CALL: APPROVAL OF AGENDA: 6:30 p.m. Mayor TBA Church of the Valley Council Members Chang, Herrera, Tye, Mayor Pro Tem Everett, Mayor Tanaka Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk's Office at 21810 Copley Dr., Diamond Bar, California, during normal business hours. March 19. 2013 PAGE 2 Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 State of the City - Presented by Mayor Jack Tanaka — March 21, 2013 — 6:00 p.m., Diamond Bar Center, 1600 Grand Avenue. 5.2 Planning Commission Meeting — March 26, 2013 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.3 Parks and Recreation Meeting — March 28, 2013 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.4 City Council Meeting — April 2, 2013 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: 6.1 City Council Minutes: (a) Regular Meeting of March 5, 2013 — Approve as submitted. (b) Special Meeting (Closed Session) of March 6, 2013 — Approve as submitted. 6.2 Planning Commission Minutes: (a) Regular Meeting of February 12, 2013 — Receive and File. (b) Regular Meeting of February 26, 2013 — Receive and File. 6.3 Parks and Recreation Commission Minutes — Regular Meeting of January 24, 2013 — Receive and File. 6.4 Ratification of Check Register — Dated. February 28, 2013 through March 19, 2013 totaling $920,187.13. Requested by: Finance Department March 19, 2013 PAGE 3 6.5 Landscape District Numbers 38, 39 and 41: (a) Approve Contract Amendment with GFB-Friedrich & Associates, Inc. for Assessment Engineering Services for Landscaping Assessment District Numbers 38, 39 and 41 for a Period of One (1) Year, for Total Contract Amount of $12,965. Recommended Action: Approve. (b) Adopt Resolution No. 2013 -XX: Ordering the City Engineer to Prepare and File a Report Related to Maintenance of Public Improvements in the City Landscaping Assessment District No. 38 and Any Assessment Thereon for FY 2013-14. Recommended Action: Adopt. (c) Adopt Resolution No. 2013 -XX: Ordering the City Engineer to Prepare and File a Report Related to Maintenance of Open Space in the City Landscaping Assessment District No. 39 and Any Assessment Thereon for FY 2013-14. Recommended Action: Adopt. (d) Adopt Resolution No. 2013 -XX: Ordering the City Engineer to Prepare and File a Report Related to Maintenance of Open Space in the City Landscaping Assessment District No. 41 and Any Assessment Thereon for FY 2013-14. Recommended Action: Adopt. Requested by: Public Works Department 7. PUBLIC HEARINGS: None. COUNCIL CONSIDERATION: None. 9. COUNCIL SUB -COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT:. Agenda No. 6.1(a) MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR MARCH 5, 2013 CLOSED SESSION: 6:00 p.m., Room CC -8 @AAR Public Comments on Closed Session Agenda — None offered. ► Government Code Section 54957 — City Attorney CALL TO ORDER: Mayor Jack Tanaka called the Regular City Council meeting to order at 6:39 p.m. in the South Coast Air Quality Management District Auditorium, 21865 Copley Drive, Diamond Bar, CA. ACA/Cotti stated that tonight's meeting commenced with a Closed Session at 6:06 p.m. to discuss the City Attorney appointment and evaluation process. The Closed Session was recessed at 6:35 p.m. to the Regular Meeting. PLEDGE OF ALLEGIANCE: C/Chang led the Pledge of Allegiance. INVOCATION: Pastor Jeanne Favreau-Sorvillo, Diamond Bar United Church of Christ, gave the invocation. ROLL CALL: Council Members Chang, Herrera, Tye, Mayor Pro Tem Everett, Mayor Tanaka. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; John Cotti, Assistant City Attorney; Ken Desforges, IT Director; David Liu, Public Works Director; Greg Gubman, Community Development Director; Ryan McLean, Assistant to the City Manager; Cecilia Arellano, Public Information Coordinator; Marsha Roa, Public Information Manager, and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 C/Herrera introduced Andrea Travis -Miller, the new Executive Director of the San Gabriel Valley Council of Governments (COG) who spoke on her appointment, work history and COG goals. Ms Travis -Miller then introduced Marisa Creter who spoke about the COG's San Gabriel Energy -Wise Partnership with Southern California Edison funded by the California Public Utilities Commission. NEW BUSINESS OF THE MONTH: 1.2 Mayor Tanaka presented a Certificate Plaque to Eric Phan and Eric Chang, representing BAIT, 2753 S. Diamond Bar Boulevard Suite B, as New Business of the Month for March 2013. MARCH 5. 2013 PAGE 2 CITY COUNCIL 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 2.1 CM/DeStefano introduced Mike Holmes, General Manager of the Walnut Valley Water District, who then introduced Water Board members Wu, Kwong, Carrera, Ebenkamp, and staff member Sandy Olson who were in attendance. He then updated the public on the District's water conservation and preservation policies. He thanked the residents for the conservation effort undertaken during the past four days during the shutdown of the Weymouth Treatment Plant in order to convert the plant to a longer lasting and more efficient disinfectant for the water ozone. The next shutdown will be a ten day shutdown in the first quarter of 2016. This area is one of the few that is one hundred percent dependent on potable water from across the State. Interestingly, the State does not have statewide conservation baselines. In Sacramento, for example, there are no water meters. However, in accordance with a new law, meters are being installed and expected to be read by the year 2025. Farmers and ranchers who use eighty-three percent of the usable water supply in California have a low-tech method for measuring water usage. Agriculture is the number one job and income creator in the State. The MWD Board supports its conservation efforts with big dollars through extensive advertising and conservation reminders. The Department has gone from five gallon flush toilets to 1.8 and 1.2 gallon and in partnership with MWD and Three Valleys has given away 8,827 high -efficiency toilets and will continue the program in 2013 by targeting certain service areas. This program is projected to save about 71.5 million gallons of water per year which saves the District approximately $170,000 per year to purchase potable water to maintain less efficient toilets. In 2008 the LA County Water Board and MWD joined forces to spend about $250,000 to improve and upgrade the DB public areas with smart meters and satellite irrigation controllers. C/Tye asked Mr. Holmes to explain what an acre foot of water is. Mr. Holmes stated that a football field filled with water about a foot high is about an acre foot of water which translates to 326,000 gallons of water, enough for about two average sized families in Southern California to live on. Mr. Holmes continued stating that in 2012 MWD distributed about 20,000 efficient watering nozzles estimated to save about 88 acre feet (26 million gallons) of water per year. WVWD targets outdoor water usage as part of the overall water conservation. Millions of dollars have been invested in recycled water, a portion of which comes from the LA County Sanitation - Pomona Basin District and from ground water. The ground water in this basin is not suitable for drinking but it is perfect recycled water. About ten percent of the Department's usage is recycled water — about 200 acre feet per year. He spoke about new projects currently on the drawing board. MARCH 5, 2013 PAGE 3 CITY COUNCIL Results of the water stewardship include improvement in the potable water purchases. The WVWD website is updated on a 24/7 basis and Mr. Holmes said he would be happy to speak with anyone and any groups about what the District is doing to preserve its water supply. MPT/Everett asked if Mr. Holmes can be reached by telephone in addition to the two websites (www.wvwd.com and www.bewaterwise.com). Mr. Holmes responded that individuals can call him at 909-595-1268, Ext. 273 to get answers to customer's questions or to arrange a public meeting to discuss these efforts. C/Herrera asked Mr. Holmes to explain why the City's ground water is not suitable for drinking. Mr. Holmes responded that part of the reason is that the water is so shallow that it never gets a chance to filter down through the natural aquifers and is high in "total dissolved solids". The water is not unhealthy but the District does not want to serve its customers water with little "floaties"; however, it provides an excellent source of recycled water which is the highest and best use and cost effective. C/Chang thanked Mr. Holmes for providing the City with an excellent presentation and stated that she forwarded the District's Twitter information on to her Twitter friends. Mr. Holmes said that individuals can find the District on Facebook as well. C/Tye thanked Mr. Holmes and the District for all that they do to conserve water and help residents be aware of when and what they need to do. It seems to him that the more the public conserves the more it pays. Is there a cause and effect that when so much is saved consumers will pay more? Mr. Holmes responded that this is one of the dichotomies of conserving. The District has a baseline price it has to pay for maintaining the system whether it sells one drop of water or whether it has a record year of sales. Concurrently with the water conservation that the District has made over the past five -ten years along with cost-cutting efficiencies, the annual reduction of cost amounts to about $1.2 million per year. The price increases have been directly related to MWD water costs over which the District has little control. M/Tanaka thanked Mr. Holmes and Board Members for attending tonight's meeting. MARCH 5. 2013 PAGE 4 CITY COUNCIL 3. PUBLIC COMMENTS: Raphael Plunkett, Country View Drive, asked for the Council's help for relief from the unlicensed illegal boarding house in her neighborhood. This is a zoning issue that has become a burden to the residents' quality of life, a financial burden, a stress inducer and a threat to the community as well as a threat to her family's safety which she discussed in detailed. Allen Wilson said he was opposed to the use of DB funds for a marketing analysis on the Honda site (Consent Calendar Item 6.7) and asked that the Council reconsider approval. Brian Quan, President, DB Breakfast Lions Club and Karen Eubanks, Chili's Grill and Bar, announced the Club's fundraiser to be held on Monday, March 18 from 11:00 a.m. to 11:00 p.m. at Chili's Grill and Bar in DB. He asked for Council and Community support of the event which is intended to raise money for sight and hearing charities, youth activities, community organizations, special needs charities and International needs (Hurricane Sandy). 4. RESPONSE TO PUBLIC COMMENTS: CM/DeStefano responding to Mrs. Plunkett stated that the City is aware of the issues at that property as well as the land use concerns raised by some of the neighbors since August/September of 2012. Upon investigation of the matter, the City has found no evidence that supports the allegations of violations of the City's Zoning Code. Allegations continue that the property is operating as a boarding house. Again, staff has not been able to find substantial evidence that supports that activity. Housing a non -family member in one's home is not a crime and until the City learns that there are, in fact, rental agreements, rent slips or other evidence that shows that rooms are being rented, there is no violation of the City's Zoning Code. Zoning does not control attitudes, behavior, characteristics of neighbors within homes in any particular neighborhood. Anytime that a resident in this or any other neighborhood faces any form of hostility or believes there is a threat to their well-being or any family member's well-being should immediately contact the Sheriff's Department and let the Sheriff's Department sort out the details and the issues. DB will continue to look at this property but staff needs hard evidence to be successful with the City's prosecutor that the property is indeed not in compliance with the code and operating out of the scope of the zoning ordinance/zoning regulations. CM/DeStefano stated that with respect to Consent Calendar Item 6.7, a request by City staff to approve a contract with AECOM to conduct a marketing study, he failed to provide the City Council with a contingency within the staff report and that staff will be revising the recommended allocation of resources from $49,000 to $55,000 adding about a twelve percent contingency to deal with any unforeseen issues that may pop up as this study moves forward over a four- MARCH 5, 2013 PAGE 5 CITY COUNCIL month period. The purpose of the study is to take a good hard professional look at the Honda property and now the former Burger King property to determine what opportunities exist within this marketplace in the next few years for development of that site. As everyone knows, the Honda Dealership has been dark since about 2006 with their relocation to the City of Industry. Burger King closed approximately January 31st of this year and the property remains idle. The reason the City Council has placed the property within a "moratorium" state is the result of private party discussions regarding land uses that would grossly underutilize the property. It is a property of about four and one-half acres located at Grand Avenue which has some 40,000 traffic trips per day; it is located adjacent to the SR57/60 crossroads which has 350,000 traffic trips per day, the seventh highest roadway segment in the state of California. DB should be looking at the long-term use of the property generating a variety of goals, not the least of which is the best and highest use of that property which staff believes is far more than some of the land uses that have been contemplated in the past which have included things like residential, self -storage, etc. Staff believes that the property location and freeway -oriented service site would be an excellent site for a hotel project, restaurants and services, and opportunities that would complement the business traveler and commuters moving through that freeway segment. The City Council is asking the consultant to take a look at the property with and without the stadium development. The stadium decision is dragging on and appears to be rolling into 2014. DB can no longer wait for that private party decision to take place — DB needs to move forward with a land use plan for that property. DB is trying to do so in concert with the property owner who is equally anxious to develop the property that they purchased in 2005/2006. Staff is looking at a project that would incorporate the benefits of being adjacent to an NFL Stadium or being adjacent to the City of Industry's previously approved "Industry Business Center" project which has a variety of offices, retail, entertainment, etc. but no hotels. Staff believes the Honda site is a site of opportunity to augment what is missing from the Industry project and what may accompany that project as well. Staff is also looking at this property with and without adjacent acreage. If there is an NFL Stadium, there is a negotiated agreement with the City of Industry that among other things would bring the City about two additional acres on top of the 4.5 acres that exists. If there is an NFL Stadium that project is next door and the site grows to about 6 to 6.5 acres. If there is no NFL Stadium it would revert back to the Industry Business Center development proposal with the site remaining at about 4.25 to 4.5 acre site. Staff is looking at the opportunities that the property presents looking at what the freeway and Grand Avenue provide as well as, the new freeway intersection improvements that are coming, of which the very first phase is a new westbound SR60 onramp at the same location where the large former Honda sign is located. Staff is asking the consultant to look at all of these possibilities and in concert with the property owner, the overall goal is to come up with a master plan for the property to basically illustrate what might be the best land uses for that property for the benefit of DB, narrow it down to a limited palate of what the City wants, eliminate what it does not want and then marketing that property in order to get the project the City desires. This will be a collaborative effort. The private sector MARCH 5, 2013 PAGE 6 CITY COUNCIL 5. has not been able to move forward in a manner that seems appropriate so staff is asking Council to step in and consider approval of the proposal so that in three to four months staff will be able to present the information to the Council and move forward with the property owner on what land use planning effort the study results in and what marketing strategies come from it. This item is on the Consent Calendar and if the Council wishes, staff will provide further information when the matter comes forward for consideration. SCHEDULE OF FUTURE EVENTS: 5.1 Special City Council Meeting (Closed Session) — March 6, 2013 — 7:30 a.m., Emergency Operations Center (EOC), Diamond Bar City Hall, 21810 Copley Drive. 5.2 Planning Commission Meeting — March 12, 2013 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.3 Traffic and Transportation Commission Meeting — March 14, 2013 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.4 City Council Meeting — March 19, 2013 — 6:30 p.m., SCAQMD Auditorium, 21865 Copley Drive. 5.5 State of the City Presented by Mayor Jack Tanaka — March 21, 2013 — 6:00 p.m., Diamond Bar Center, 1600 Grand Avenue. 6. CONSENT CALENDAR: C/Tye moved, MPT/Everett seconded, to approve the Consent Calendar as presented with the exception of Item 6.7 pulled by C/Tye. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Herrera, Tye, MPT/Everett, M/Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 CITY COUNCIL MINUTES 6.1.1 Regular Meeting of February 19, 2013 -Approved as submitted. 6.1.2 Special Closed Session Meeting of February 27, 2013 — Approved as submitted. 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES — Regular Meeting of January 22, 2013. 6.3 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION COMMISSION MINUTES — Regular Meeting of January 10, 2013. MARCH 5, 2013 PAGE 7 CITY COUNCIL 6.4 RATIFIED CHECK REGISTER — Dated February 14, 2013 through February 27, 2013 totaling $527,458.80. 6.5 APPROVED TREASURER'S STATEMENT — Month of January 2013. 6.6 APPROVED CONTRACT AMENDMENT NO. 5 WITH LOCAL AGENCY ENGINEERING ASSOCIATES, INC. (LAE) IN THE AMOUNT OF $17,180 FOR AS -NEEDED ENGINEERING SERVICES. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.7 APPROVAL OF CONSULTING SERVICES AGREEMENT WITH AECOM TECHNICAL SERVICES, INC. ("AECOM") FOR A TOTAL COST NOT TO EXCEED $55,000 (INCLUDES A 12 PERCENT CONTINGENCY) TO PREPARE A MARKET ANALYSIS FOR THE FORMER HONDA DEALERSHIP PROPERTY. C/Tye thanked CM/DeStefano for his response on this item. C/Tye felt it was very important to do a study like this because he did not believe the free market was out looking for such a site and that it was important for staff and Council to know the possibilities that would work with a stadium and without a stadium. C/Tye said that in his opinion, the most important thing the City has to focus upon what is the "best and highest use" because if the property were to become a storage facility or an indoor swap meet, the citizens of DB would be asking "how in the world did that happen, who was minding the store when that happened and by the way, how much would either of those uses that have been proposed, provide in sales tax revenue to the City". He would not recommend that a "moratorium" be confused with the need to do a due diligence survey and to engage a consultant and get the best and highest use for the City of DB. C/Tye said he wondered where the City would be if it had not marketed different properties in DB — would there be a Target or a Chili's and one of the best things DB can do is to be proactive and do the best possible for DB. C/Chang said she wholeheartedly agreed with C/Tye. MPT/Everett said he too agreed with the rationale presented by staff as well as, comments from his colleagues. He asked for a specific definition of the fees and/or cost which has changed. CM/DeStefano stated that the $49,000 proposal includes: Task 1- $3,500 for a site capacity study and a memorandum deliverable for that component; Task 2 - $19,000 for the market analysis that includes a variety of market area survey and analysis looking at hotel supply, occupancy rates, average room revenues, market segmentation, retail, office, hotel sales, trends and opportunities, retail and office supply, MARCH 5, 2013 PAGE 8 CITY COUNCIL leasing trends, rates, etc. today and what is anticipated in the future; Task 3 - $6,500 for a massing study based on the market analysis that looks at the potential for buildings on the site with respect to height, footprints, parking, circulation options, etc. and based upon the study, is the site big enough to accompany some of the land uses the market study believes may be suitable for the area and if not, could the City capture that market on another site that parties have an interest in, in the area immediate to this site; Task 4 — $7,000 for a financial analysis that looks at developer costs and projected revenues (pro -forma) for each of the scenarios; Task 5 — $10,000 fora municipal highest and best use strategy. While the City is working in partnership with the property owner, it is the City Council that develops the palate for uses that will occur on the property. From the City's perspective, it is interested in the most productive land uses that can be obtained on that property for the benefit of all of the other services that the community provides, which includes sales tax, transient occupancy tax, property taxes, property transfer taxes, etc. A reasonably sized hotel could easily generate hundreds of thousands of dollars in transient occupancy tax to the City, for example, which can then be used for other services provided by DB. The additional $6,000 is for contingency to deal with any unforeseen opportunities that would allow the City Manager to deal with the contractor. However, if more than $55,000 were needed, staff would have to come back to the City Council to seek the additional resource. C/Chang moved, C/Herrera seconded, to approve Consent Calendar Item 6.7 as presented and amended. Motion carried by the following Roll Call vote: AYES NOES: ABSENT: 7. PUBLIC HEARING: COUNCIL MEMBERS COUNCIL MEMBERS COUNCIL MEMBERS None Chang, Herrera, Tye, MPT/Everett, M/Tanaka None None 8. COUNCIL CONSIDERATION: None 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Tye reported that it was his privilege to attend the DB Chinese American Association's Celebration of the Chinese New Year at DBHS. It was a wonderful opportunity to not only celebrate the New Year but to celebrate the diversity of DB. He congratulated President Tony Tai and Tony Torng for his work on behalf of the group. He attended the DB Pony Baseball Grand Opening of Season 46 last Saturday and stated that there was a terrific crowd in attendance and wished Good Luck to the league. Today he attended the IMC (Industry Manufacturing MARCH 5, 2013 PAGE 9 CITY COUNCIL Council) luncheon to hear from President and Founder, Andrew Cherng of Panda Inn and Panda Express and what he shared about the area and his vision for the future. After his speech C/Tye asked when DB would get a Panda Express and was told he did not think it would be anytime soon. He reminded everyone to attend the Goodwill Collection at Northminster Presbyterian Church this Saturday from 9:00 a.m. to 3:00 p.m. C/Chang reminded everyone to follow her on Facebook, Twitter, Foursquare and now Pinterest. She attended the Chinese New Year's event on Saturday and congratulated Tony Torng for doing such a great job from the group's inception. Congressman Royce and representatives from Senator Huff and Assemblyman Hagman offices who also attended. Everyone had a fun time ringing in the Year of the Snake. She said "Hi" to her grandmother who is watching tonight's meeting on TV having arrived from Taiwan to celebrate her 90th birthday on March 7. C/Herrera thanked the Sheriff's Department for their keen observation and response in capturing a couple of auto burglars which demonstrates Diamond Bar's message of zero tolerance for criminal activity. She congratulated the new business BAIT, a very interesting store that offers shoes and other items for sale. Yesterday she attended the Four Corners Coalition Meeting; an organization that DB had a primary role in creating. In her opinion, this is a very important organization that includes cities from the four corners of Riverside, San Bernardino, Orange County and Los Angeles Counties which gather together on a monthly basis to discuss mutual issues. The coalition will be sponsoring an Economic Summit on Thursday, June 13 and hoped that her colleagues would attend. The Summit will feature dynamic speakers who will talk about economic development for this area, a very important issue for this City and all cities to have strong fiscal financial health. Another topic under discussion will be the Ontario Airport as it declines in services. More and more planes are being diverted to LAX and if this pattern continues, Ontario Airport will likely close. We in this area certainly do not want to see that happen. She hoped for great attendance and an exciting event. MPT/Everett stated that he attended a ribbon -cutting ceremony marking the opening of the one-year demonstration of the Metro Express Lanes on Interstate 10 from downtown (LA) to the EI Monte Station. Hundreds of millions of dollars have been invested in this project and Mayor Villaraigosa, who was one of the honorees, was instrumental in finding the money. The demonstration is about easing traffic congestion and improving traffic management on freeways. He was originally negative about the concept but now believes it makes sense. The Interstate has been enhanced with two express lanes in both directions and creates more potential for handling traffic volumes on Interstate 10. MPT/Everett stated that he had joined his colleagues and others for the DB Chinese American Lunar Celebration and that the current President, Tony Tai MARCH 5, 2013 PAGE 10 CITY COUNCIL did a fantastic job and as a part of the presentation. Mr. Tai arrived in a very large and creative costume and sang a very patriotic American song to open the celebration. He and M/Tanaka attended the Miss Diamond Bar Fashion Show at the Diamond Bar Golf Course and was impressed to see Miss Diamond Bar and her court emcee the event. He commented on how much all the ladies had improved their public speaking skills after a year of service performing as Ms. Diamond Bar. Candidates for the upcoming Miss Diamond Bar 2013 participated in the fashion show. He attended a Neighborhood Watch on Glenarm which was well attended and included a very helpful discussion of ideas. Deputy St. Amant does a good job and the residents find the event to be very helpful. MPT/Everett said it was a pleasure to attend the San Gabriel Valley Chamber's Leadership Prayer Breakfast on Thursday, February 28. It was an evolution from what was previously Diamond Bar/Walnut Mayors. Five local firefighter heroes were honored. MPT/Everett said that he, like many of his colleagues, is adamant about focusing on jobs, not lawsuits and had attended a three-hour conference at the Holiday Inn sponsored by Citizens Against Lawsuit Abuse, a local entity for promoting and dealing with abusive lawsuits. One of the primary targets of frivolous lawsuits is the statewide California Lodging Association Industry of which Holiday Inn is a member. The topic of the conference was "How to avoid or resolve ADA access lawsuits". Assemblyman Curt Hagman sent his Chief of Staff Mike Spence who said the Assemblyman is focused on getting the attention of the state legislators to deal with the costly abuse of lawsuits, especially in the area of ADA Access lawsuits. State expert David Warren Peters spent two hours on the topic. M/Tanaka said that during the past couple of weeks it has been very busy. He helped the Evergreen Senior Club celebrate its Lunar New Year and Quarterly Birthday Celebration. That Friday he helped Quail Elementary School celebrate its 25th Anniversary in DB and that it was nice to see all three of the school's principals return and reminisce with some of the teachers and students that were there. That evening he attended the Charter Night for a new Leo Club sponsored by the Pomona Host Lion's Club. Congratulations to Dr. Cynthia Quan and Lion Frank Alvarez for getting that club going. There were 10 members from the DBHS Leo's that attended to show their support as well as the President from the Chaparral Leo Club. There were members from the Orange and DB Breakfast Lions as well as, the Pomona Host Club that attended that function. The Council attended the DB Chinese Association Lunar New Year's celebration at DBHS where there was plenty of food, games, information booths, dancing, singing and musical performances all morning long. The Miss Diamond Bar Pageant held its annual fashion show and fundraiser. The nine candidates for this year's pageant were formally introduced and served as models for the fashion show. On Tuesday, February 26 the Public Safety Committee met with the LA County Sheriff's Department and the LA County Fire Department and City staff. The Fire Department talked about improvements that are being made to the helipad and upcoming fire exercises. The Sheriff's Department spoke about crime rates and the updating of the emergency command post vehicle, the Neighborhood Watch MARCH 5, 2013 PAGE 11 CITY COUNCIL program and its proposed trailer. On Wednesday, February 27, he attended the Sanitation District 21 meeting and that evening attended the Neighborhood Watch meeting on Glenarm. He was also a speaker at the Mayor's Leadership Prayer Breakfast which was hosted by the San Gabriel Valley Regional Chamber of Commerce where they saluted five community heroes. Last Friday was the Foothill Transit Governing Board Meeting where regular business was conducted and attendees received program updates for five different areas, one of which was silver to silver program which is the silver streak buses from Foothill Transit and the Silverline from Metro where interchangeable passes from the EI Monte Station to LA are available. Several sites for the Foothill Transit Park 'N Ride structures were discussed including Azusa, DB, West Covina and the City of Industry. Attendees received an update on college pass programs started with the Rio Hondo College in 2007 which has expanded to the University of LaVerne, CalPoly, Azusa Pacific University, Cal State LA, Cal State University of Fullerton and Cal Tech. They also provided an outreach report to Claremont Universities, Mt. San Antonio College and Citrus College. The finance staff also presented a preliminary budget for FY 2014 with a balanced budget and no fare increases even though there was an operator cost increase of three percent. Attendees also received an update report from the operations department regarding their fleet replacement plan and found out that the minimum service for the Foothill Transit buses is 12 years or 500,000 miles. The meeting ended with comments from the executive director and governing board. Last Friday he read to both the sixth grade and second grade classes at Armstrong Elementary as part of the Read Across America program reading from Dr. Seuss's books. On Saturday he, MPT/Everett and C/Tye participated in the Pony Baseball's opening ceremony and threw out the first pitch. Saturday was St. Denis Catholic Church's Pastoral Leadership Awards dinner and he congratulated all of this year's honorees. This past Sunday was Miss DB's car wash for Miss Diamond Bar Alexandra Miller and all nine of the contestants who washed cars from 10:00 a.m. to 3:00 p.m. C/Tye spoke about this afternoon's Industry Manufacturer's Luncheon. A very interesting guest speaker, Mr. Cherng from Panda Restaurants, talked about the 1600 stores employing over 23,000 in 42 different states for which he is responsible. He really pushed the point about treating all of his customers first as being one of his main tenets as well as, staff development and pushed for individuals on his staff to complete their high school and college educations. He announced that the Miss Diamond Bar Pageant will be held on Sunday, March 17 at 2:00 p.m. at the DBHS Theatre ADJOURNMENT: With no further business to conduct, M/Tanaka adjourned the Regular City Council Meeting at 8:08 p.m. TOMMYE CRIBBINS, CITY CLERK MARCH 5, 2013 PAGE 12 CITY COUNCIL The foregoing minutes are hereby approved this day of 2013. JACK TANAKA, MAYOR Agenda No. 6.1(b) MINUTES OF THE CITY COUNCIL SPECIAL MEETING OF THE CITY OF DIAMOND BA d yy MARCH 6, 2013 CALL TO ORDER: Mayor Tanaka called the Special City Council Meeting to order at 7:30 a.m. in the Emergency Operations Center, (EOC), City Hall, 21810 Copley Drive, Diamond Bar, California 91765 PLEDGE OF ALLEGIANCE: Mayor ROLL CALL: Council Members Herrera, Tye, Mayor Pro Tem Everett, Mayor Tanaka. C/Chang arrived at approximately 7:50 a.m. ALSO PRESENT: James DeStefano, City Manager; David Doyle, Assistant City Manager; Ryan McLean, Assistant to the City Manager; Greg Gubman, Community Development Director; and, David Liu, Public Works Director. PUBLIC COMMENTS ON CLOSED SESSION ITEM: No Public Comments given. RECESS TO CLOSED SESSION: M/Tanaka recessed the Special Meeting to Closed Session at 7:32 a.m. CLOSED SESSION: PUBLIC EMPLOYMENT Pursuant to Government Code §54957 Title: City Attorney RECONVENE IN OPEN SESSION: M/Tanaka reconvened the Open Session at 11:59 a.m. CLOSED SESSION ANNOUNCEMENT: CMIDeStefano announced that no reportable action was taken during Closed Session. ADJOURNMENT: M/Tanaka adjourned the Special Meeting at 12:00 p.m. Tommye Cribbins, City Clerk The foregoing minutes are hereby approved this day of 2013. JACK TANAKA, MAYOR Agenda No. 6.2 (a) MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION FEBRUARY 12, 2013 CALL TO ORDER: Chairman Lin called the meeting to order at 7:00 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765, PLEDGE OF ALLEGIANCE: Vice Chairman Nelson led the Pledge of Allegiance. 1. ROLL CALL. Present: Commissioners Frank Farago, Jack Shah, Tony Torng, Vice Chairman Steve Nelson, and Chairman Jimmy Lin. Also present: Greg Gubman, Community Development Director; Grace Lee, Senior Planner; Josue Espino, Contract Planner; and Stella Marquez, Administrative Coordinator. 2. MATTERS FROM THE AUDIENCEIPUBLIC COMMENTS: None. 3. APPROVAL OF AGENDA: As presented 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of January 22, 2013. G/Torng moved, C/Farago seconded, to approve the Minutes of the Regular Meeting of January 22, 2013, as presented. Motion carried by the following Roll Call vote: AYES: NOES: ABSTAIN ABSENT: 5. OLD BUSINESS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: COMMISSIONERS: None. 6. NEW BUSINESS: None. Farago, Shah, Torng, Chair/Lin None VC/Nelson None FEBRUARY 12, 2013 PAGE 2 PLANNING COMMISSION 7. CONTINUED PUBLIC HEARING(S): 7.1 Development Review No. PL 2012-164 — Under the authority of Diamond Bar Municipal Code Section 22.48, applicant Jack Wu and property owner Rurng Larn Duh, requested Development Review approval to construct an 11,179 square foot new single family residence on a 1.58 gross acre (68,825 square foot) lot. The subject property is zoned Rural Residential (RR) with a consistent underlying General Plan land use designation of Rural Residential. (Continued from January 22, 2013) PROJECT ADDRESS PROPERTY OWNER: 23411 Ridge Line Road Diamond Bar, CA 91765 Rurng Larn Duh 23411 Ridge Line Road Diamond Bar, CA 91765 APPLICANT: Jack Wu 10410 Lower Azusa Road #203 EI Monte, CA 91731 CDDIGubman explained that on January 22, 2013, this public hearing was opened and continued to tonight's meeting with one individual offering testimony. PCIEspino presented staff's report and recommended Planning Commission approval of Development Review and Tree Permit No. PL2012-164, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. VC/Nelson asked what the average square footage of homes approved in "The Country Estates" was in the past five years. CDDIGubman responded between 13,000 and 15,000 square feet. VC/Nelson asked how big -the oak trees are that are scheduled to be removed (diameter at breast height) and PCI Espino responded that the general diameter at breast height ranges from 16 to 20 inches. James Hu, Project Manager, 2440 S. Barrington. Avenue #312, Los Angeles, said he was available to respond to questions. With respect to the Commission's question, the average size of the proposed structure is fairly consistent with the area of existing and new construction in the surrounding area. The lot is very large and the applicant proposes to use FEBRUARY 12, 2013 PAGE 3 PLANNING COMMISSION 11 percent of the lot coverage. Three (3) oak trees will be removed, and the applicant plans to plant nine (9) new oak trees of the same species to replace them. VC/Nelson said he was concerned about replacing 16 inch diameter trees with 24 inch box oak trees with stems reaching about 5 to 6 inches in diameter. He asked if the applicant could provide more to make up for the bio -mass that is lost from the 16-20 inch trees. Mr. Hu asked VC/Nelson if he wanted the applicant to replace the trees at a greater than 3:1 ratio and VC/Nelson said he was asking if the Commission could require that be done as a condition of approval if the applicant would agree to that condition. Mr. Hu said the applicant would agree to a larger ratio. Mr. Hu said the replacement trees are 40 inch box and have a diameter of about 10 inches. PCIEspino explained that the replacement oak trees would be 24 inch box trees; however, the applicant is proposing a total of 21 new trees, nine of which are the 24 inch box oak trees. VC/Nelson said that the proposal would result in a loss of bio -mass. He said it would be good if the project came as close to replacing the bio -mass within 5 to 10 years. He asked Mr. Hu if he would consult with the applicant about this to see if the proposal could be revised. Mr. Hu said the applicant is present this evening and they would most likely have to meet with the planning department to figure out the correct ratio. VC/Nelson asked for an explanation of the minimum requirement and discuss if something greater, can be achieved. CDDIGubman responded that the minimum requirement is to replace each tree with three of the same species (3:1 ratio) at a minimum size of 24 -inch box. The applicant is meeting the minimum requirement and it is the Planning Commission's discretion, should it feel there is sufficient cause to exceed that minimum requirement, to include that as a condition of approval. In light of some of the factors that VC/Nelson has raised, primarily the diameter breast height of the species and according to the arborist's report, two of those trees are rated as being in good condition with the third in fair condition. In addition, the two trees that are rated "good" are multi -trunked, one a double trunk and one a triple trunk. Accordingly, the Commission could consider each trunk to be cause for a 3:1 replacement ratio. CDDIGubman said he believed the Commission was on solid foundation and within its authority to do so if it wished to impose a condition to exceed the amount of mitigation. There may be reasons why it may not be the best solution to increase the size of the trees since a smaller tree acclimates more rapidly so more of the smaller trees such as the 15 gallon trees may be a reasonable way to get closer to compensating for the loss of these three trees. Another consideration is that there are a total of 21 trees in the proposed landscape plan, nine of which would be coast live oaks and the FEBRUARY 12, 2013 PAGE 4 PLANNING COMMISSION Commission might want to consider a larger number of the coast live oaks in lieu of the other varieties such as crape myrtle and black bamboo as proposed. In conclusion, the Commission could consider more trees or revising the varieties and current quantities to a higher percentage of coast live oaks. VC/Nelson said he would propose an amendment to the resolution during deliberation and if the Commission concurred, ask the applicant/owner to agree or disagree. Chair/Lin asked if there was a maximum tree replacement ratio and CDD/Gubman responded "no." Chair/Lin re -opened the public hearing. David Ying, neighbor to the east of the proposed project, said that if he understood the plan correctly it appeared that the setback got a waiver from the property line since the 15 -foot setback had been approved for a 10 foot setback. Chair/Lin said he believed the permitted minimum setbacks were 15 feet on one side and 10 feet 4 inches on the other side. Mr. Ying wanted to know why the structure was proposed to be so close to his property (10 feet) when there was a 52 foot setback on the other side. The new building will extend much further into the rear yard 40 to 50 feet from the current house. He wanted to know if the structure could be moved to the side (farther away from his home) and build a structure more evenly placed between the property lines on either side instead of extending all of the way back. The extension of the proposed -structure into the rear yard area will block the view and the sunlight to his back yard. He said that it is apparent that the current structure is heavily infested with termites and when the structure is removed the termites will fly to other areas and probably to his home so can the termites be killed before the structure is razed. Chair/Lin closed the public hearing. Mr. Hu responded to the speaker's questions and concerns. Mr. Hu explained that the property south of the house where the protected trees are located has a very steep slope of about 35 percent and it would be prohibitively expensive to build on the slope. In addition, if the house were to be centered on the lot it would require removal of a large number of trees and it would require a 10-15 feet stepped retaining wall down the entire length of the slope, which would again be very, very expensive. With respect to termites, the applicant agrees to a condition to have a termite and extermination report prior to demolition of the house. The FEBRUARY 12, 2013 PAGE 5 PLANNING COMMISSION current footprint of the house will be demolished but the new construction will be in the same location and the setback will remain essentially the same to minimize the amount of cut and fill. Chair/Lin said that this afternoon he spent about 30 minutes at the site because he initially thought the lot was empty and then he observed that the structure is empty. The house indicates an address of 21143 and the plans show an address of 21141. Mr. Hu said he was surprised about this discrepancy. ChairlLin asked if the dotted line on the plans shows the location of the current house in which case the new house would be about three times the size of the current house. Mr. Hu explained that the house ends at the jagged line and the dotted line shows the swimming pool and patio area. Chair/Lin said that the plan shows that the current grade is about one percent and the project proposes a four foot curved/terraced retaining wall without any piling. Chair/Lin asked Mr. Hu if he thought the house would be held by the retaining walls and whether Mr. Hu. had a soils report to support that assumption. Mr. Hu said he has a soils report and the house will be supported on caissons. Jack Lee, Cal Land Engineering, Inc., civil and soils engineer, said that for this job the bedrock condition is very shallow and his firm recommended using caissons for the retaining wall and grading variation. The entire building foundation will be supported by compacted fill and the foundation itself will be entirely on bedrock and/or on compacted fill. The caissons will be inserted into the bedrock. Chair/Lin said he did not believe that there was sufficient room for the car nearest the dwelling in the four -car structure to back out without hitting the wall with only 20 feet between the edges of the buildings, and asked staff what the standard driveway width is for a car to back out of a driveway. CDDIGubman responded that there needs to be a clear area 26 feet back from the garage door opening. Chair/Lin said the plan shows 21 feet and 10 inches. SPILee clarified that the code requires 25 feet and the applicant is proposing 26 feet. Chair/Lin said he measured 20 feet 6 inches. Mr. Hu explained that there are two two -car garage doors and the area measures 26 feet in one area and 20 feet 10 inches in another. The design shows that the driver can rotate the wheel to turn into the larger area. The plan could be revised to inset the area into the house to create a 26 foot backing area. This was done to create greater architectural interest. Chair/Lin asked what the monument was on the left side of the front view of the structure. Mr. Hu said it was an architectural feature to create a FEBRUARY 12, 2013 PAGE 6 PLANNING COMMISSION material offset and make it visually more appealing rather than have the entire front the same color and provide natural lighting in the garage and accommodate the address of the home. Chair/Lin wanted to know what the second paragraph of the summary which read that the "design would be compatible with the character of the eclectic neighborhood" meant because he felt that the proposed house was not compatible with the neighborhood. The house is very contemporary in design and neighboring properties are 60's and 70's era houses. The project is an eyesore to him and compatibility is one of the conditions of approval. CDD/Gubman agreed with Chair/Lin that there is every style of house in The Country Estates which is not like Santa Barbara for example, where there is a very well defined, precise architectural language that construction needs to abide by. This diversity of architecture has evolved over the many years during which The Country Estates has built -out and moreover, the more rustic low -profile scale of the original generation of homes is undergoing the cycle of being replaced by significantly larger homes. Although Chair/Lin is correct that this is within an immediate context of the ranch style homes that characterize those originally developed in The Country Estates, if you look at The Country Estates as a whole, the transformation to much larger grand estates is the character defining feature for the area. So it is a subjective determination with respect to compatibility, but staff looks at it in light of the development patterns in The Country Estates as a whole and staff's conclusion is that this is consistent with that overall transformation that has been ongoing. C/Shah said that some of the homes in the area are large. Some of the homes you view as you drive along Diamond Bar Boulevard are modern and this project is a beautiful design for which he commends the architect. The world is moving and architecture needs to move along with it. His opinion is that while it is eclectic in nature he agrees with staff that it is compatible and it is a beautiful design which he likes. VC/Nelson added that The Country Estates has its own architectural review board that reviews these projects and even though the City does not have to abide by what they say or require, their community is their community. ClFarago asked why since there is so much room on the side of the house opposite the 10 foot setback, why would the City not mode the structure to the other side in order to create a 1-5 foot setback. PCIEspino said it goes to the question of the steepness of the slope and the existing home is relatively in the same location as the proposed home so there is really no increase as far as the distance. ClFarago said the home is not 30 feet FEBRUARY 92, 2013 PAGE 7 PLANNING COMMISSION high and PC/Espino responded that that portion of the home is going to be set back at the rear of the structure and not on the front end. In order for the house to be shifted toward the west, there would be more grading challenges and more environmental issues with respect to removal of protected trees. He said he believes the solution, according to his analysis, is the addition to the rear of the property by creating a split pad is somewhere in the middle of trying to accommodate the new home while maintaining sensitivity to the grade and vegetation on the west side of the property. Mr. Hu said that the initial step for this project was to analyze the lot with respect to minimizing the amount of grading to accommodate the proposed project. The first consideration was to attempt to reuse the pad of the existing house which resulted in minimal grading. In addition, the project sought to minimize the removal of the oak trees which was challenging in itself. This project proposes a lot of landscaping along the dividing wall/buffer to screen the house from the neighbor's property to screen out the 35 -foot high area with higher trees. C/Torng said he felt the design was reasonable from an environmental standpoint. He asked staff to respond to the neighbor/speaker about his concerns regarding losing his view and what the statutes are regarding that issue. CDD/Gubman stated that as previously been discussed, Diamond Bar does not have a "view protection" requirement when dealing with existing lots of record so there is no criteria for protecting views or considering how a project affects a neighboring view. However, The Country Estates architectural committee has the authority to approve or reject a project based on a variety of factors that the City does not have the authority or tools to mandate, but the property ownerldeveloper has to satisfy both the City's requirements and the homeowners' association requirements. As VC/Nelson said, the City does not have to take into account the decision making process of The Country Estate; however, the applicant is subject to fulfilling the requirements of both approval bodies. Mr. Hu said that this project has secured the approval of the homeowners' association for this project. Chair/Lin said that the ,approval does not have any bearing on the decision of this body. C/Torng said he believed that most of the time when the Commission is challenged with approving this type of project he likes to see the type of visual table staff provided in the report and is pleased that this project meets all of the requirements. He believes that the applicant did all of his work and tried to meet all of the requirements which to him is important. C/Shah said he believed that once the applicant has met the setback requirement it is the architect and owner's prerogative to set the house where it is best suited for the property and not necessarily in the middle of FEBRUARY 12, 2013 PAGE 8 PLANNING COMMISSION the property. The argument that there are existing trees and a significant grade to the west side of the property it adheres to the benefit of the owner and architect to set the dwelling on the easterly side of the property. The footprint appears to be consistent with the total topography of the site which he likes. He asked staff if termites fly away during demolition and should this project include a requirement for mitigation. CDDIGubman said he could not say with any authority that termites would fly to other areas during demolition but he believed it was reasonable to presume that as the building is being demolished and the structural components are being disrupted and shaken, any dormant termites will take flight and seek refuge. So he believed it was a reasonable presumption to believe that if the house is currently infested with termites that it could potentially result in a scenario where they might migrate to adjacent structures and the applicant has gone on record agreeing, actually proposing, to go through the termite abatement process. CDDIGubman said he. believed the Planning Commission should flake the applicant up on his offer and include it as a condition. VC/Nelson agreed. He said he just went through termite abatement. Termites swarm a couple of times a year and that's when they fly. Otherwise, they do not move. So in combination with the destruction of the house a condition to require an inspector to check it out and make sure they are not swarming would probably be a good idea to satisfy the neighbor's concerns if the applicant agrees. Mr. Hu said the applicant was not in. agreement. VC/Nelson moved, C/Shah seconded to approve Development Review No. PL2012-164, subject to the findings of fact and conditions of approval as listed within the resolution subject to the addition of the following conditions subject to the applicant's acceptance: 1) "That the oak tree in fair condition be replaced at a 3:1 ratio and that in addition to the proposed replacement of the two trees in good condition, that the applicant add three 15 -gallon trees for each. of the two "good" condition trees at a replacement ratio of 6:1, and 2) "That the applicant obtain a termite report prior to demolition of the existing structure." Chair/Lin said he is always in favor of new developments that increase the City's tax revenue base. As a reminder to his colleagues, he propounded that compatibility is one of the factors to be considered for any project. FEBRUARY 12, 2013 PAGE 9PLANNING COMMISSION 8. a Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Farago, Shah, Torng, VC/Nelson NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Chair/Lin ABSENT: COMMISSIONERS: None CDDIGubman stated that the language of the resolution will be crafted to reflect the motion received. The replacement ratio for the trees is very explicit and staff will draft a condition for the termite inspection that sets forth the requirement that the termite report be submitted to the City prior to the City's issuance of demolition permits with some additional stipulation that should there be a recommendation for eradicating the termites based on the findings, that it so be done. Staff will work with the applicant on these issues and staff believes it understands the Commission's request that demolition of the current structure should not commence without proper investigation and possible abatement and if a risk is found, the risk for swarming that might impact neighboring properties will be eradicated. PLANNING COMMISSIONER COMMENTSIIN FORMATIONAL ITEMS: STAFF COMMENTSIINFORMATIONAL ITEMS: 9.1 Public Hearing dates for future_rp ojects. CDDIGubman stated that the Commission reorganization meeting will take place on March 12. For the meeting of February .26 there are two items on the agenda. The H -Mart Center proposal for a new Chase Bank building to replace the existing Burger King restaurant and with the Burger King restaurant at the Honda Dealership location having closed the weekend before last, Diamond Bar will be without a Burger King restaurant should the Chase . Bank Building project be approved. Yesterday, there was a court hearing on the matter of the City's lawsuit against the owners of the Shell Station at Palomino and Diamond Bar Boulevard. The judge hearing the matter granted the City's request for a motion to assign a receiver to take possession of the property and with that motion being granted, the City, along with the prosecutor, will be proceeding with taking control of the property and finally completing the project after a substantial amount of legal proceedings to get the City to this major milestone. The City has the Court Order in hand as well as access to the financial resources of the property owner to fund those improvements. FEBRUARY 12, 2013 PAGE 10 PLANNING COMMISSION CDD/Gubman announced that a transaction in which the Ralphs property has been acquired by a new property owner who issued a press release announcing the acquisition, and indicated that a Walmart Neighborhood Market would be the tenant for the space. This is a new product that Walmart is rolling out. It is strictly a grocery store with no other component. Although the press release indicated this outcome, staff has no knowledge that negotiations have concluded and do not know if the premature announcement of this new tenant might jeopardize the deal from coming to fruition. 10: SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT. With no further business before the Planning Commission, Chairman Lin adjourned the regular meeting at 8:10 p.m. The foregoing minutes are hereby approved.this 26th day of February, 2013. i f Attest: Respectfully Submitted, Greg Gubman Community Development Director Jimmy L hairm n Agenda No. 6.2(b) MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION FEBRUARY 26, 2013 CALL TO ORDER: Chairman Lin called the meeting to order at 7:00 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Nelson led the Pledge of Allegiance. 1. ROLL CALL: Present: Commissioners Frank Farago, Jack Shah, Tony Torng, Vice Chairman Steve Nelson, and Chairman Jimmy Lin. Also present: Greg Gubman, Community Development Director; Grace Lee, Senior Planner; Natalie Tobon, Assistant Planner; and Stella Marquez, Administrative Coordinator. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None. 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of February 12, 2013. C/Shah moved, VC/Nelson seconded, to approve the Minutes of the Regular Meeting of February 12, 2013, as presented. Motion carried by the following Roll Call vote: AYES: NOES: ABSENT: 5. OLD BUSINESS: 6. NEW BUSINESS: COMMISSIONERS COMMISSIONERS COMMISSIONERS None. None. 7. PUBLIC HEARING(S): Farago,Shah, Torng, VC/Nelson, Chair/Lin None None 7.1 One Year Time Extension for Conditional Use Permit No. 2007-10 and Development Review No. 2006-11 — Under the authority of Diamond Bar Municipal Code Section 22.66.050, applicant Joe Kwok submitted a request for a one-year extension of time to begin construction on a nine unit residential condominium project on a 0.62 acre lot. The project was FEBRUARY 26, 2013 PAGE 2 PLANNING COMMISSION approved on November 20, 2007, with a three (3) year timeframe to obtain building permits and begin construction. On February 4, 2011, the project was approved for a one-year time extension and on April 3, 2012, the project was approved for an additional one-year time extension. PROJECT ADDRESS PROPERTY OWNER 23671 Golden Springs Drive Diamond Bar, CA 91765 GSDB Investment, LLC 625 Fair Oaks Avenue #115 South Pasadena, CA 91030 APPLICANT: Joseph Kwok 625 Fair Oaks Avenue #115 South Pasadena, CA 91030 CDDIGubman stated that since this matter has been advertised in the local paper and a public hearing noticed has been placed, it would be appropriate to open the public hearing in case there are any respondents to those notices and continue the public hearing to March 12, 2013. As stated in the agenda, this ,is an extension of time request for a nine -unit condominium project that would be a reuse of land currently occupied and used by Diamond Jim's Dairy. The reason for the continuance is that the City did not receive from the applicant in a timely manner, the mailing list for the property owners within a 500 foot radius of the property which must be mailed at feast 10 days prior to the public hearing date. Because staff did not have the opportunity to get the notices out in that 10 -day period it is compelled to continue the hearing to March 12, 2013. ChairlLin opened the public hearing. There was no one present who wished to speak on this matter. ClTorng moved, VC/Nelson seconded to continue the matter to March 12, 2013. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS ABSENT: COMMISSIONERS Farago, Shah, Torng, VC/Nelson, Chair/Lin None None 7.2 Development Review, Conditional Use Permit and Comprehensive Sign Program No. PL2012-444 — Under the authority of Diamond Bar Municipal Code Sections 22.48, 22.58 and 22.36.060, applicant Glen Ross, representing Architekton and property owner Richard Yeh, FEBRUARY 26, 2013 PAGE 3 PLANNING COMMISSION representing Country Hills Holding, LLC, requested that the Commission grant the following entitlements: Development Review approval to construct a 3,431 square foot building for occupancy and use as a bank; Conditional Use Permit approval to incorporate a 517 square foot canopy and stacking lanes to accommodate drive-through banking services; and, Comprehensive Sign Program approval for all signage associated with the bank use. The project site is located within the Diamond Hills Plaza Shopping Center located on the westerly side of Diamond Bar Boulevard between Fountain Springs Road and Cold Springs -Lane. Development of the project will require the demolition of an existing 4,070 square foot Burger King drive- through restaurant. The subject property is zoned Community Commercial (C-2) with an underlying General Plan land use designation of General Commercial. PROJECT ADDRESS: 2717 S. Diamond Bar Boulevard Diamond Bar, CA 91765 PROJECT OWNERS; Richard Yeh Country Hills Holding, LLC 8115 Preston Road, Suite 400 Dallas, TX 75225 APPLICANT: Glen 1, Ross, Architekton 464 S. Farmer Avenue Tempe, AZ 85281 APITobon presented staff's report and recommended Planning Commission approval of Development Review, Conditional Use Permit and Comprehensive Sign Program No. PL2012-444, based on the Findings of Fact, and subject to the conditions of approval as listed within the resolution. C/Shah commented that the turning radius of the drive-through lane did not appear to be sufficient. CDDIGubman responded that the grading plan shows a turning radius of what appears to be 20 feet 7 inches to the outside curb. The. inside radius is 14 feet which would appear to provide an adequate turning radius for an SUV. C/Shah was not satisfied that there was sufficient turning radius. CDDIGubman said that the applicant can respond or staff can require that as part of the plan check submittal, the applicant provide diagrams showing turning templates for various FEBRUARY 26, 2013 PAGE 4 PLANNING COMMISSION sizes and wheel bases of vehicles that would be using the drive -though. If necessary, staff will make adjustments to the inside and outside curbs to provide the adequate turning radius. C/Shah concurred. C/Shah further commented that the allocation of parking spaces does not appear to be adequate. He asked how many parking spaces are required for the bank use and considering that the entire shopping center is filled to capacity will the last use have sufficient parking? APITobon responded that the parking ratio for the bank is one space for every 300 square feet. The bank will be 3,431 square feet which would require 12 parking spaces and the site is already providing more parking spaces than required. Staff used the same parking study table that was submitted in the past but continues to update the study with all of the new businesses that come in to the shopping center and the updated version is provided to the Commission and the updated study shows that adequate parking is provided for new businesses. VC/Nelson asked if the proposed through -lane was the same size as the current drive-through lane and APITobon responded that the applicant can comment on VC/Nelson's question. VC/Nelson asked if the turn radius is the same as the Starbuck's turn radius in the same shopping center. Although it is a fairly tight turn radius, VC/Nelson comfortably maneuvers his SUV through that drive-through. VC/Nelson asked if there was a walkup for the ATM. APITobon confirmed that there is a walkup at the front of the bank. VC/Nelson commented that if the Commission could compare the proposed drive-through turning radius for the proposed bank to the current drive-throughs for Burger King and Starbucks it would be helpful. C/Farago asked the hours of operation for the bank and APITobo.n responded 9:00 a.m. to 6:00 p.m. with the drive-through providing 24-hour service. C/Torng asked if the Chase signage would be visible to Diamond Bar Boulevard traffic. APITobon explained that after cutting four feet the project will import dirt to fill the pad back up to its current level and the signage should be visible from Diamond Bar Boulevard. Jose Gandara, 1713 Harbor Way, Seal Beach, on behalf of Architekton and Chase, said his firm laid out the plans and are pleased to present this project to Diamond Bar. He stated that he read the Conditions of Approval and asked for a correction on the Draft Resolution which states that the signage is to exist on the south and east elevations. Staff's report is correct that the signage is to exist on the south and west elevations. With respect to the radius of the drive-through, he used the site plan with the FEBRUARY 26, 2013 PAGE 5 PLANNING COMMISSION queue showing the inside radius of 14 feet which is acceptable to most vehicles. He would love to see the drive-through filled with 15 cars as shown, but it is very unlikely and this exaggerated example proposes to show the worst-case scenario. The inside radius is 14 feet and the outside radius is 20 feet and any one of the vehicles can enter any one of the three lanes. In the event that they cannot make the turn, the third lane is an escape lane which does not provide ATM access. There will be a "headache" bar installed which will provide oversized vehicles from entering the drive-through lane. The drive-through is intended for SUV's and large passenger cars which would typically be seen in that type of environment. With respect to parking, the bank proposed to provide 15 parking spaces, which is two spaces less than what is currently existing for the Burger King. However, the drive-through will accommodate two vehicles at a time so most customers will use the drive-through rather than park. The bank has improved on the existing Burger King drive-through because the existing Burger King has only one drive-through lane. The bank hours are from 9:00 a.m. to 6:00 p.m. The bank does not get any deliveries so there will be no standing trucks to provide motor noise for the residents. The drive-through hours are 2417. The area will be well -lighted and protected with cameras. The signage is intended to address Diamond Bar Boulevard at the south and west elevations. A sign study was done and the applicant looked at the signage along Diamond Bar Boulevard to locate the signage in ideally visible locations where it would be visible from that roadway. ClFarago asked what kind of pedestrian safeguards will be in place at the three -lane exit site. Mr. Ross responded by showing the Commission the location of a striped path using the plan map. Graphics will be placed at the bottom and in addition to vertical stop signs there is a visible stop sign printed on the pavement visible to the motorists driving out of the lanes. Drivers will be required to stop before driving out. ClFarago said that potentially, there could be three vehicles stopped at that crossing at the same time which did not feel right to him. CDDIGubman said he would use the example of a gas station at a Costco which is an example of side-by-side jockeying for exiting position. Chair/Lin asked staff to have Public Works look at the safety issue of the exiting. VC/Nelson suggested that below the stop signs the bank install "Watch for Pedestrian" signs. Chair/Lin opened the public hearing. With no one present who wished to speak on this matter, ChairlLin closed the public hearing. FEBRUARY 26, 2013 PAGE 6 PLANNING COMMISSION C/Shah moved, VC/Nelson seconded, to approve Development Review, Conditional Use Permit and Comprehensive Sign Program No. PL2012-444. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Farago, Shah, Torng, VC/Nelson, Chair/Lin NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 7.3 Development Code Amendment and Conditional Use Permit No. PL2013-022 — Diamond Bar ' Municipal Code (DBMC) Section 22.10.030 requires gas stations to be located at feast 150 feet from "any" school in order to be eligible to sell packaged alcoholic beverages. The DBMC broadly defines "school" to include not only K-12 education but also a wide array of commercial uses including art, dance and martial arts studios, fitness training, commercial tutoring centers, and establishments that provide courses via Internet. Under the authority of DBMC Section 22.70, applicant Ryan Farsai is requesting approval to amend Table 2-6 of DBMC Section 22.10.030 to limit the above described 150 -foot distance requirement to elementary, middle, and high schools only. Concurrently, under the authority of DBMC Section 22.58, the applicant requested approval of a Conditional Use Permit to upgrade an existing Alcoholic Beverage Control License from Type 20 (Beer and. Wine) to Type 21 (General) for offsite consumption in conjunction with the sale of motor fuel at an existing AMPM Mini -Mart and Arco Service Station. The. subject property is zoned Neighborhood Commercial (C-1) with a consistent -underlying General Plan land use designation of General Commercial (C). PROJECT ADDRESS: 3302 S. Diamond Bar Boulevard Diamond Bar, CA 91765 PROPERTY OWNERS: Farsai and Farsai, inc. 23276 S. Pointe Drive #100 Laguna Hills, CA 92653 APPLICANT: Ryan Farsai 23276 S. Pointe Drive #100 Laguna Hills, CA 92653 CDDiGubman stated that the Commission was being asked to take recommendation action on two distinct but related requests some unlike a normal land use decision that the Commission would be making FEBRUARY 26, 2013 PAGE 7 PLANNING COMMISSION on an agenda item. The first request for a Development Code amendment has citywide applicability. This Code amendment has to do with narrowing or refining what constitutes a "school" for the purposes of determining appropriate locations for the sale of alcohol. This Code amendment would need to be in effect in order to enable the applicant to apply for a permit to upgrade the current beer and wine license to sell alcohol. Although they are different in scope, one is citywide and one is project -specific, yet both are being requested by the applicant because ultimately, the applicant would need the legislative action of amending the Code to enable the issuance of a land use permit. The Commission could potentially recommend approval for both resolutions or recommend approval for the Code amendment but say in this particular case, it does not think it appropriate to sell alcohol at the requested location. That is not staff's recommendation; however, that scenario is one of the alternatives in the recommendations that the Commission will be making as it deliberates on this two -fold matter. Chair/Lin asked why the two related issues were presented together. If this is a Code amendment how does the City advertise this matter? CDDIGubman responded that this is addressed in state law. When a potential land use decision such as a code amendment and the scope of a planning decision is so broad it does not make sense to individually notice or expect that everyone who would be affected by something would receive a personal notice, state law allows for the publication of a larger advertisement in the local newspaper which was done in this case, and that is how staff deals with citywide applicable planning matters. SP/Lee pointed out that this is stated on Page 10 of staffs report. SP/Lee presented staff's report and recommended that the Planning Commission Adopt Attachment No. 1, a resolution recommending City Council approval of Development Code Amendment, and Attachment No. 2, a resolution recommending City Council approval of Conditional Use Permit No. PL2013-0222, based on the Findings of Fact, and subject to conditions of approval as listed within the resolution. VC/Nelson asked if staff was including both public and private schools when speaking of middle and high schools and SP/Lee responded "yes." She further stated that this includes any and all schools "with a campus setting." VC/Nelson said he believed this item should be handled as two separate motions because there is a chance it could be misconstrued as favoritism FEBRUARY 26, 2013 PAGE 8 PLANNING COMMISSION with respect to this particular project. VC/Nelson recommended that the Commission consider the Code amendment first and the project second. Chair/Lin concurred. C/Torng asked if the ampm mini mart location violated the current code because there is no school within 150 feet. SP/Lee responded that there are no grade schools, per se, but there are private learning facilities such as tutoring centers. C/Torng said he thought the rule was 600 feet and SP/Lee responded "no." SPILee explained that the existing Beer and Wine License at 3302 S. Diamond Bar Blvd. is "grandfathered" in. C[Torng asked if there was any school within 150 feet of the ampm mini mart and SP/Lee explained that there are no public schools but there are private learning facilities. C/Torng said he believed the Montessori School is more than 150 from the project. C/Torng asked if the shopping center across the street from the project was within 150 feet and SP/Lee responded "yes, it is approximately 100-110 feet." To answer C/Torng's question about the liquor store at the corner of Pathfinder Road and Brea Canyon Road, CDDIGubman explained that existing locations are grandfathered, and the liquor store in question was .in existence prior to the 2000 ordinance that set forth the 150 foot distance limitation. In fact, the ordinance that was passed applied only to alcohol sales from gas stations. Although a liquor store still requires a Conditional Use Permit, the real intent of the year 2000 ordinance was to ensure that the Chevron Station across the street from Diamond Bar High School could not apply for a Conditional Use Permit. It is reasonable to surmise that without the year 2000 ordinance and that station having applied for a license, because of parent and school district objections, that permit would probably be denied by the Planning Commission or upon appeal, by the City Council. With or without this ordinance being in place, there is still the controlling factor of the Conditional Use Permit in looking at specific sites and for the Commission to determine, through that permit process, whether it is appropriate or whether there are land use conflicts that would say that this is not the right place to allow alcohol sales to occur. C/Torng said he felt that in this instance it was okay because it was across the street and he did not believe students would walk across the street. He said he believed the 150 feet should be reconsidered at different locations because if it is in the same plaza, 150 feet is not that far away. The private schools are for young students and the adults can go out anytime they wish. He said that was his major concern. Chair/Lin said he believed that 150 feet was from property line to property line and not building to building. He said he believed that Diamond Bar FEBRUARY 26, 2013 PAGE 9 PLANNING COMMISSION Boulevard was about 100 feet of right-of-way and that is why even the properties across the street are within 150 feet. SP/Lee stated that Chair/Lin was correct. Ryan Farsai, applicant, representing Arco ampm of Diamond Bar. He thanked the Commission for its support of the small business owners and for considering this evening's request. His family bought into this business in 1992 and has owned the property since 2003. In 2004, he and his brothers became operators of the station and their mother is their landlord. The reason the Code Amendment change is being made is because of the neighborhood center across the street from the project which consists of five big buildings and is 110 feet from the subject property. line. The property across the street includes the Montessori School which has students from age 0 to 5 and after school programs. The reason for the request is that it is not possible to sell alcohol to children aged 0 to 5 and he believes that a definition of this school is one in which parents drop off their children in the morning and pick them up in the afternoon. The children have recess and lunch periods on their campus. His business has a perfect 20 -year track record with ABC. With respect to the 110 foot property line, there is a secured fence protecting that property because it adjacent to the SR57 northbound. The students would have to leave the building, go all of the way around to the driveways and those driveways are 275 feet and 325 feet respectively from his building. In addition, he was concerned about the Montessori School and if the school included elementary, junior high and high school and students were arriving and departing without adult supervision, it would be a concern. However, that is not the case for his location. Mr. Farsai stated that with respect to the CUP, the site has been operating since 1992. In the years 1993 to 1997 this business paid for his college education. The station was pumping 500,000 gallons per month and is now doing 250,000, a 50 percent reduction. The site is currently generating in about $12 million taxable dollars for the City but since the oil spill in 2010 there has been an eventual downfall of BP and eventual mass US divestiture of assets including the ARCO brand, the refinery and distribution rights to over 700 sites in southern California. There is currently a pending sale by BP/PLC to Tesoro which is a refiner based out of El Paso Texas and as a result, ,he will get less profit on the gas. As a result of these impending events, his business is taking a proactive stance to create revenue to improve the business. Profits are down and he is competing with big supermarkets that are now offering gasoline and other products at lower prices. He feels his site offers a good atmosphere for sale of alcohol which will provide a convenience for his customers on a 2417 basis. His business has been awarded a priority application for an upgrade by ABC. He hopes the NFL Stadium will come to fruition and in FEBRUARY 26, 2013 PAGE 10 PLANNING COMMISSION anticipation of future growth he is doing his best to prepare for this eventuality. He estimates a 25 percent growth in revenue from the sale of alcohol and a 30-40 percent growth in alcohol and another 15-20 percent growth in the store with an NFL Stadium. He thanked staff for helping him through this process. VC/Nelson said that intuitively, to sell any kind of liquor at a gas station makes no sense ever. The reality is that people who want to drink will get it whether it is sold at a gas station or not. When talking about people or, children potentially coming to buy alcohol, and Mr. Farsai is talking about pre-school age, it is ridiculous turning down his application. No five year- old will walk into Mr. Farsai's store and say he wants to purchase alcohol, for example. As far as the stadium possibly being developed nearby, most people he knows that tailgate bring their alcohol with them and do not stop off and buy alcohol at an ARCO station or liquor store so he does not see that as a problem. In terms of a code for the City VC/Nelson believes there needs to be a Code for the City, but when you break it down, a person can run 150 feet in five seconds and can walk it in less than a minute to purchase alcohol. Therefore, he believes that 150 feet is a silly number and a more appropriate number would be a quarter of a mile which he is by no means suggesting. But the honest answer is that if some kid wants to hop the fence of a high school and go and get liquor, under the current restrictions, he can do it in less than one minute if he has a fake ID. He believes the City needs a Code but does not personally believe it is meaningful and to apply it in this situation makes no sense to him whatsoever. VC/Nelson said he had no problem with Mr. Farsai's project. C/Shah congratulated Mr. Farsai on a very detailed and well-prepared presentation. He said he agreed with VC/Nelson that 150 feet did not make sense. Alcohol is alcohol as far as he is concerned. Chair/Lin opened the public hearing. With no one present who wished to speak on this matter, Chair/Lin closed the public hearing. ClFarago asked CDD/Gubman about the definition of the school because the Code currently reads from any school, elementary, middle and high school which would include private schools and asked if there was any way to clarify that in this instance. CDDIGubman said the City did not want to say it was applicable to only private schools or only to public schools. There are potentially private schools and one example in the City is the Institute of Knowledge, the Islamic School at the end of Via Sorella which is a private school that has grades K through 12. Staff did not want FEBRUARY 26, 2013 PAGE 11 PLANNING COMMISSION to distinguish between a public and private school because their operating characteristics can be somewhat similar and staff believes that the intent when this regulation was originally written was to reduce the opportunity for students that have the mobility to move on and off campus without parental or adult supervision to be exposed to a retail establishment that is advertising and/or selling alcohol. C/Farago said he understood the point of the regulation, his question was if CDD/Gubman believed that the way it was written now included both private and public without it so stating that fact because that will be a deciding factor when he votes. CDD/Gubman said the language could be amended to say public and private to take away any ambiguity and C/Farago felt that would be beneficial. C[Torng asked if this amendment was passed if it would apply to gasoline stations, liquor stores and grocery stores. CDD/Gubman responded that was not correct. For alcoholic sales in conjunction with motor fuel, this is the only type of off-site alcohol retail establishment that this existing Code applies to and staff did not attempt to debate or re-evaluate whether 150 feet makes sense or whether this footnote that applies only to gas stations makes sense. It is what is in the Code, and, in light of the fact that the City has this regulation and the way it is written that says it applies to a gas station 100 feet from any school, and any school includes a Pilates studio so that is what is constraining this business enterprise from being competitive, staff can understand the proximity concern with schools and children that have independent mobility but what staff does not understand is the issue with applying that distance restriction in light of the very, very broad definition of "school" in the Code which would include a Curves Fitness Center, for example. Staff is attempting to get away from the issue of whether it makes sense for this restriction to apply only to gas stations and not to liquor stores and grocery stores because that could be a debatable issue for another time. The same holds true with the 150 foot rule. Staff is attempting only to be very surgical in its recommendation which does not want to get into the 150 feet debate or the "why does it apply to gas stations and not liquor stores or grocery stores" debate, staff is merely saying why does it apply to any school when in Diamond Bar there is an exponential growth of tutoring centers that is going to zone out every other type of use unless the language becomes more precise about what the existing restriction was meant to apply for. C/Torng said that if for example, the Chase Bank location at Diamond Hills Plaza were to become a liquor store and at the same plaza there existed a number of tutorial schools, in his mind he would try to minimize the situation under that condition. However, that same condition is very difficult to apply to this project. CDD/Gubman said that one thing to remember is that even if the Chase Bank converted to a liquor store it would require a Conditional Use Permit and while they are not excluded FEBRUARY 26, 2013 PAGE 12 PLANNING COMMISSION from applying for a Conditional Use Permit .there, the Commission could deny that use permit because it may find that a liquor store is not a compatible use in the middle of the center near an Orchepia School of Music or just the exposure of the advertising or whatever other land use conflicts one might find to exist if the liquor store were located in that setting. Chair/Lin said that the amendment under consideration would include a Costco with gasoline sales, for example and CDDIGubman responded that Chair/Lin was correct. VCINelson moved to recommend City Council approval of Development Code Amendment to revise Tables 2-5 and 2-6 of the DBMC Section 22.10.030 to limit the above described 150 -foot distance requirement to elementary, middle and high schools only, based on the Findings of Fact, and subject to conditions of approval as listed within the resolution, with the addition of the language amended to include public and private schools. Discussion ensued. C[Torng seconded the motion. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Farago, Shah, Torng, VC/Nelson, Chair/Lin NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None ClShah moved to recommend City Council approval of Conditional Use Permit No. PL2013-022, based on the Findings of Fact, and subject to conditions of approval as listed within the resolution. VC/Nelson seconded the motion. Motion approved by the following Roll Call vote: AYES: COMMISSIONERS: Farago, Shah, Torng, VC/Nelson, Chair/Lin NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None $, PLANNING COMMISSIONER COMM ENTSIINFORMATIONAL ITEMS: Chair/Lin said he planned to attend a company workshop. beginning tomorrow. If he learns something new he will report back to the Commission. FEBRUARY 26, 2013 PAGE 13 PLANNING COMMISSION 9. STAFF COMMENTS/[NFORMATIONAL ITEMS: 9.1 Public Hearing dates for future projects. CDDIGubman reminded the Commission that its reorganization meeting will take place at the regularly scheduled March 12 meeting. Two items are scheduled for Planning Commission action -- one is the continued public hearing for the nine unit condo project and the second is a Conditional Use Permit for an Arts School at the two-story commercial building at Banning Way and Golden Springs Drive just up the street from the Lemon Avenue intersection. The City has received six proposals in response to the RFP for City Attorney services. The firm of Jenkins and Hogan has given the City notice that it will be terminating their contract with Diamond Bar in April. City Council will go into Closed Session next Thursday morning to interview the candidates and as early as March 19 the selection could be confirmed at the City Councii'meeting. Chair/Lin said he would not be present for the March 12 reorganization meeting and voiced his support of VC/Nelson to serve as Chair of the Planning Commission. 10. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chairman Lin adjourned the regular meeting at 8:35 p.m. The foregoing minutes are hereby approved this 12th day of March,. 2013. Attest: Respectfully Submitted, Greg Gubman Community Development Director L/V� S eve Nelson, chairman Agenda No. 6.3 CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION DIAMOND BAR CITY HALL - THE WINDMILL ROOM 2181.0 COPLEY DRIVE, DIAMOND BAR, CA 91765 JANUARY 24, 2413 CALL TO ORDER: VC(Liang called the Parks and Recreation Commission meeting to order at 7:00 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Owens led the Pledge of Allegiance. ROLL CALL: Present: Commissioners Dave Grundy, Ted Owens, Dave Roberto, Vice Chairman Benny Liang. Absent: Chairman Lew Herndon was excused. Staff Present: Bob Rose, Community Services Director; Anthony Jordan, Parks and Maintenance Superintendent; Christy Murphey, Recreation Superintendent; Cloris Vargas, Recreation Specialist, and Debbie Gonzales, Administrative Coordinator. MATTERS FROM THE AUDIENCE: None CALENDAR OF EVENTS: As presented 1. CONSENT CALENDAR: C/Roberto moved, C/Grundy seconded,'to approve the Consent Calendar as presented. Without objection, the motion was so ordered with Chair/Herndon being absent. 1.1 Approved Minutes for the November 15, 2012 Regular Meeting. 1.2 Transmitted Thank You Letter to Brownie Troop for completing the painting of the lodge pole fence at Sycamore Canyon Park. 2. INFORMATIONAL ITEMS: 2.1 Recreation Program Update — RS/Murphey 2.1.1 Power Point Presentation on Senior Programming (Events, Excursions and Seminars) by RSNargas JANUARY 24, 2013 PAGE 2 P&R COMMISSION 2.2 Parks Report — PMS/Jordan CIRoberto asked at what point the fire department responds to an alarm and PMS/Jordan responded that when an alarm is triggered the fire department immediately receives the call and responds. 2.2.1 Power Point Presentation on Interpretive Panels along Trails — PMS1Jordan 2.3 C1 Projects — CSD/Rose 2.3.1 Trails Free Standing Interpretive Exhibits — CSD/Rose reiterated that all of the free-standing interpretive panels have been installed. 2.3.2 Dog Park at Pantera Meadow — CSD/Rose reported that the dog park opened on Saturday, November 17, 2012 with over 200 people and about 100 dogs in attendance. The DG (decomposed granite) path is a path that leads up to the large dog park. Three benches have been installed in each of the dog areas. The second construction phase will provide an ADA accessible concrete walkway to each of the dog areas and will include the installation of five additional benches along the outside of the dog areas along the path. During recent construction staff closed the large dog park because there was no access during the time construction was taking place on the path. During that time staff allowed both small and large dogs to use the small dog area and there were some complaints that some of the dogs did not get along. As a result, staff has worked with the sheriff's department and Joint Powers Insurance Authority to determine that there is no liability issue with the large and small dogs being together as long as individuals are aware of that fact before they enter the dog park. Staff felt the City would be able to allow the combined use when one area is closed, but Council wishes to discuss the matter in more detail before staff commences another work phase. 2.3.3 Grandview Trail and Grandview Trail Link — CSD/Rose stated that TKE Engineering has put together a couple of potential routes using GPS technology to connect the hard pan trail from the Grandview Trail that starts at the overflow parking lot and continue over to the canyon loop. There will be public input meetings to discuss options for improvements. Once completed, the trail will make a complete loop from the Diamond Bar Center around the open space to the west side of the Center. 2.3.4 Site D Public Park — CSD/Rose reported that the Site D Public Park input meeting will be held on Saturday, January 26 from 1:30 to 4:30 p.m. at Castle Rock Elementary School. RJM Design, the firm that has worked with the City on Pantera Park and Maple Hill JANUARY 24, 2013 PAGE 3 P&R COMMISSION Park as well as Larkstone Park will conduct the meeting, which is scheduled to include a walk of the site depending on weather and site conditions. The -school district will provide bus transportation from the meeting site to Site D. 2.4 List of Pending Commission Requests — CSD/Rose 2.4.1 Improvements at the Diamond Bar Center — Improvements are moving forward with some of the security and camera work in the planning stages. LPA architectural group is putting together plans and specs for an office renovation which also includes redesign work at the front counter and front door area where the swing -out door will be replaced with a automatic opening sliding door. 2.4.2 Site D -- no new information available regarding the construction project and when it will take place. Staff will provide additional information to the Commission as the project moves forward. 2.4.3 MOU with the School District — CSD/Rose and CM/DeStefano _ met with representatives of PUSD and WVUSD to talk about a non-binding MOU (Memorandum of Understanding) for use of Lorbeer and South Point Middle Schools as future lighted sports facilities which begins` the communication process so that when funding becomes available projects can move forward to further accommodate sports facilities use. C/Owens asked how large the park site is for Site D and CSD/Rose responded that the project has committed 2 acres. There is some discussion that the developed park might be located near Brea Canyon and Diamond Bar Boulevard. Previous input was to have a passive play area up near the cul-de-sac closer to the existing neighborhood. 3. OLD BUSINESS. None 4. NEW BUSINESS: None 5. ANNOUNCEMENTS: C/Owens said he was unable to attend the Snow Fest due to the passing of a long time friend, but did see a nice photo of the event. C/Roberto thanked staff for the reports and said he looked forward to a fun 2013 with the Parks and Recreation Commission. JANUARY 24, 2013 PAGE 4 P&R COMMISSION C/Grundy said he and his dogs enjoyed the Bark Park opening. They also visited the park when the upper park area was closed and understood some of the concerns expressed because at one point a Larger enthusiastic dog bowled his_ dachshund over. He feels it is a great park that the dogs and their parents seem to really enjoy. Especially enjoyable for him is when -after visiting the park his dogs sack out for a couple of hours. He said he loved staffs reports this evening and is also looking forward to a great year. VCILiang commended staff and the City of Diamond Bar for its very comprehensive senior programs which he appreciates because so many in Diamond Bar are reaching the point where the programs are and will remain very important. ADJOURNMENT: C/Owens moved, ClGrundy seconded, to adjourn the Parks and Recreation Commission meeting. With no one objecting and no further business before the Parks and Recreation Commission, VC/Liang adjourned the meeting at 7:41 p.m. The foregoing minutes are hereby approved this 12 day of March Respe ull bmitted, s i! I�' t rf 1 r` B Ems, SECRETARY Attest: s BENNY G, VICE CH AN 2013. Agenda �i _ _-6_4 Meeting Dare: March 19th, 2013 TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Manager TITLE: Ratification of Check Register dated February 28, 2013 through March 19, 2013 totaling $ 920,187.13. RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $ 920,187.13 in City funds. BACKGROUND: The City has established the policy of issuing accounts payable checks on a weekly basis with City Council ratification at the next scheduled City Council meeting. DISCUSSION: The attached check register containing checks dated February 28, 2013 through March 19, 2013 for $ 920,187.13 is being presented for ratification. All payments have been made in compliance with the City's purchasing policies and procedures. Payments have been reviewed and approved by the appropriate departmental staff and the attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. PREPARED BY: Luisa Fua Accounting Technician REVIEWED BY: &.a� L, ktU4APet— Finance Director Attachments: Affidavit and Check Register — 02/28/13 through 03/19113. CITY OF DIAMOND BAR CHECK REGISTER AFFIDAVIT The attached listings of demands, invoices, and claims in the form of a check register including checks dated February 28, 2013 through March 13, 2013 has been audited and is certified as accurate. Payments have been allowed from the following funds in these amounts: Description Amount General Fund $509,119.15 Prop A - Transit Fund $192,801.16 Prop C - Transit Tax Fund $45,821.74 Integrated Waste Mgt Fund $21,167.51 AB2766 - Air Qlty Mgt Fund $10,598.00 Com Dev Block Grant Fund $15,157.93 Trails & Bikeways Fund $4,749.38 LLAD 38 Fund $12,330.87 LLAD 39 Fund $12,027.89 LLAD 41 Fund $4,995.35 Capital Imp Projects Fund $91,418.15 $920,187.13 Signed: &&tA E---) L, kbwb�ffo Dianna Honeywell Finance Director m M 0- V r N LO O O O CO O O O O CD LrO N rn O O O O O N o0 r I— O N O �f] O O 110 V M 00 LC) LO LC) O N L-) M LC) M f� E Lf) m O LO N N r r 7 O N r (D r co Ln ¢ L) a) O ffl co r N r 64 CR CC LO fit r 64 fR (O 613 64 V w N (sl O N �} V) 69 rn 67 Mi:T U F�- r N O O O O O N O O M r r O C? n Lf) O O O r t LC7 N V r to O N O O L() O C7 O� O N O� Lin O c C) LO rCl O 6) i` r M LD - — Lf) M LO � c0 CO- CO N _ 1x) h Lr) r LO Xn V, b O V N N N CO LO r M (D O m M to lf) r M O) n O) CO V.- m (9 LD W) 0) ¢ Ln N r N M O d' O O M O L() O r *-- O O O O V U7 rn O V O O N O V M O ON V O r (i'i L() co CG O (D r N O V M- l) O r N CD C) O O O O d 6 r Lf) U Q N N N LO O O O O N M LO O O V Lo LD M M M N N N O O ON VT V V O O C? 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FOR ASSESSMENT ENGINEERING SERVICES FOR LANDSCAPING ASSESSEMENT DISTRICT NUMBERS 38, 39, AND 41 FOR A PERIOD OF ONE (1) YEAR, FOR A TOTAL CONTRACT AMOUNT OF $12,965. RECOMMENDATION: Approve. FINANCIAL IMPACT: In FY 2012-2013, $13,000 has been budgeted for the updates of Landscaping Assessment District Numbers 38, 39, and 41. Fee Breakdown: District Fee Amount 38 $4,000 39 $4,500 41 $4,500 Total Fee Amount $13,000 BACKGROUND/DISCUSSION: The City has an annual program for the maintenance of landscaping and open space improvements, and intends to continue the program by special assessments upon lands within the City. GFB has been providing such assessment district update services to the City and has comprehensive knowledge of the City's requirements. As such, staff recommends that the City continue the assessment engineering services with GFB for a period of one (1) year. Key tasks placed upon the assessment engineer include: • Strategy Meeting to discuss assessment methodology, capital improvement budgets, proposed operation and maintenance budgets, etc. • Prepare Landscaping Inventory Map for each assessment district of areas to be maintained. • Prepare Engineer's Report 'which will contain the description of proposed improvements, cost estimate, method of assessment, assessment roll, and diagram. • Attend Public Meetings and Public Hearings. • Place Assessments on County Assessor's Roll and submit final rolls to the City. For FY 2013-2014, the proposed fee is $12,965. I,:0IM_1:4=I111-YA David G. Li irector of Public Works Date Prepared: March 6, 2013 Attachments: Amendment to the Consulting Services Agreement Exhibit A — Consultant's Proposal Exhibit B — Proposed Schedule for Assessment Districts No. 38, 39 and 41 2 AMENDMENT NO. 8 TO THE CONSULTING SERVICES AGREEMENT This Amendment No. 8 to the Agreement is made and entered into this day_._. of March, 2013, between the CITY OF DIAMOND BAR, a Municipal Corporation (herinafter referred to as "CITY") and GFB-Friedrich & Associates. (hereinafter referred to as "CONSULTANT"). A. RECITALS: (i) The CITY has heretofore entered into an Agreement, with GFB- Friedrich & Associates to provide Professional Consulting Services, which the Agreement was dated Februa 15 2000. (ii) To provide the assessment engineering services for FY 2013-2014, the CONSULTANT submitted a proposal, a full, true and correct copy of which is attached hereto as Exhibit "A". NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: Section 1. A. Scope of Services of the Agreement is hereby amended to read as follows: "A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A", the Consultant's Proposal dated February 6, 2013, for the Landscape Assessment District Nos. 38, 39, and 41.° Section 2: Section 1, B. Level of Services/Time of Performance of the Agreement is hereby amended to read as follows: "B. Level of Services/Time of Performance. The level of and time of the specific to be performed by Consultant are as set forth in Exhibit "A". Section 3: Section 3 of the Agreement is hereby amended to read as follows: Compensation. "City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City." Section 4: Each party to this Amendment No. 8 acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Amendment No. 8 shall be valid and binding. 1 Any modification of this Amendment No. 8 shall be effective only if it is in writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement Amendment No. 8 as of the day and year first set forth above: APPROVED AS TO FORM: By: City Attorney ATTEST: CITY OF DIAMOND BAR Tommye A. Cribbins, City Clerk DATE: CONSULTANT: GFB-FRIEDRICH & ASSOCIATES John Friedrich, President Jack Tanaka, Mayor 2 CONSULTING CIVIL ENGINEERS February 6, 2013 Mr. David Liu Public Works Director City of Diamond Bar 21810 Copley Drive, 2nd Floor Diamond Bar, CA 91765-4178 FEB 112011 UTY OF DIAMON10 BAR Subject: Proposal to Provide Assessment Engineering Services for the FY 2013-14 Updates of Landscaping Assessment District Nos. 38, 39 and 41 for the City of Diamond Bar. Dear Mr. Liu: GFB-Friedrich & Assoc., Inc. (Consultant) is pleased to submit this proposal to provide assessment engineering services to the City of Diamond Bar (City) for the FY 2013-14 updates of the subject assessment districts. Consultant is known to the City as they have been providing assessment district update services to the City since FY 1994-95. Therefore, although information about Consultant's firm can be provided at the City's request; Key Personnel, Related Experience and References are not being provided with this proposal. The maintenance to be financed includes landscape maintenance in public rights -of -ways such as parkways, medians, slopes, mini parks, and open space. Such maintenance includes irrigation, fertilization, mowing, trimming, disease control, etc., and maintaining appurtenant structures. Also included will be salaries for maintenance employees and/or contractors and the cost of required tools, equipment and supplies. Such salaries and costs will be supplied -to the Consultant by the City. This proposal takes into account the requirements and constraints imposed by the Brown Act and Proposition 218. After Proposition 218 was approved by California voters, Assessment District Nos. 38, 39 and 41 were each determined to be exempt from the provisions of Proposition 218 as set forth in Article XIIID of the California Constitution. This proposal is prepared with the assumption that no changes will take place in any of the assessment districts that would cause mailed notices, assessment ballots, and public hearings to be necessary. Proposed Scope of Services Prepare request for City property owner information from Los Angeles County Assessor (to be signed and submitted by City). This property owner information will cover all three assessment districts. 2. Attend "kick-off" meeting with City staff (if necessary) to obtain existing data and new tract or parcel maps and to determine if the City has any revisions to these projects. In coordination with the City, identify the works of improvement which would be eligible for inclusion in each FY 2013-14 assessment district program. 5�22 .CAN LON GlS95t 5T,�5RIVERSIDE, ALIFORNIA 9e56,& 92 0; (951 ) 781-0811 ® FAX: (95j) 7818435 (95) 823 - 027,7 E-MAIL: gfb-jaf@sbeglobal.net 11 Mr. David Liu February 6, 2013 Page 2 3. Obtain digital copy of current GPS map (See note below) of the entire City of Diamond Bar, suitable for use in AutoCAD 2010, from the City. Note: Because of a minimum number of new lots or parcels created in the City during the last few months, it's not necessary to create a new assessment diagram from GPS data for the current fiscal year; instead GFBF will upgrade the 2012-13 FY maps to the 2013-14 FY. If any new lots or parcels are found, they should be discovered during the property data review or during exceptions review prior to final submittal to the County. 4. Utilizing the maps obtained in Item 3 above, prepare and update the digital assessment diagram for each assessment district (Engineer's Report Exhibit "A") encompassing all of the property within each district. 5. Revise map of "Areas to be Maintained" for each assessment district (Engineer's Report Exhibit "B "), as required. 6. Hand -enter property data for defining districts, land use or other special requirements. 7. In conjunction with City staff, prepare an estimate for each assessment district including costs of annual'maintenance, operation and administration, and incidental costs for inclusion in each Engineer's Report. 8. Prepare an Engineer's Report for each assessment district which will contain the description of proposed improvements, cost estimate, method of assessment, assessment roll, and assessment diagram. Submit to City staff and legal counsel for review prior to adoption of the Resolutions of Intention. Submit two unbound copies of each Engineer's Report. 9. Preparation of Resolution of Intention for each assessment district. City staff will be responsible for preparing resolutions and for obtaining legal reviews of such resolutions. 10. Attend City Council meeting at which Resolutions of Intention are adopted. At this meeting, the Engineer's Reports will be preliminarily approved, and the Public Hearing date(s) will be set. Make presentation as necessary. 11. Amend Engineer's Report to reflect any changes in the improvements to be maintained or to incidental costs. Re -spread assessments as required by City Council direction. Submit revised Engineer's Report to City and other project team members prior to Public Hearing. Note that re -spreading of assessments is not normally needed. 12. Preparation of Resolutions Confirming the Levy for each assessment district. City staff will be responsible for preparing resolutions and for obtaining legal reviews of such resolutions. 13. Attend City Council meeting(s) at which Public Hearings are conducted. Make presentations as required. Attendance at one or more continued Public Hearing shall be considered additional services. Revisions to the Engineer's Report ordered by the City Council, if not due to a Consultant error, shall also be considered additional services. Diamond Bar A.D. Update Proposal — FY 13-14 Mr. David Liu February 6, 2013 Page 3 14. Upon confirmation of each of the 1972 Act assessment rolls, provide services to place the current fiscal year's assessments on the Los Angeles County tax roll by filing the assessment rolls and assessment diagrams with the County Auditor utilizing the County's new DAWeb site. 15. Research and correct any exceptions or corrections discovered by the County Auditor and re -submit corrections to the roll to the County Auditor by the August 10th deadline. 16. Coordinate with City staff, legal counsel, and other necessary project consultants. 17. Project administration and meetings (two staff meetings are anticipated in addition to the two City Council meetings described above). Tasks and Information to be Provided by Others Obtain CD of property owner information from Los Angeles County Assessor's Office (GFB-Friedrich will prepare the County Assessor's "Data Sales Order Form and Agreement" to expedite this task, and deliver to the City for signature). The City will sign said Order Form and Agreement, prepare and attach the check paying for the CD to the Order Form and Agreement, and submit to the County Assessor's Office. 2. Up-to-date maps, reports, resolutions and other data relating to the project (City staff has recently been responsible for preparing resolutions and for obtaining legal reviews of such resolutions) . 3. Additions and/or revisions to the GIS digital boundary maps in Consultant's possession. 4. Provide appropriate input for estimates of maintenance and servicing of improvements for inclusion in each Engineer's Report. 5. Other consultants, not including Rapid Data, whose services are required to complete the project. 6. Environmental documentation to meet CEQA requirements, if necessary. Project Schedule A proposed project schedule for the 2013-14 fiscal year indicating project milestones is attached hereto as Exhibit "B." Project Fee Consultant proposes to invoice the City monthly on a time and materials not -to -exceed basis for services provided during the previous month. Reimbursable items will be invoiced additionally at our cost. Sub -consultants, such as Rapid Data will be invoiced additionally at our cost plus ten percent (10%). All such reimbursable costs and sub -consultant fees are included in the total cost for the work described above. Diamond Bar A.D. Update Proposal— FY 13-14 Mr. David Liu February 6, 2013 Page 4 Additional items of work outside of the Proposed Scope of Services provided above will be invoiced per Consultant's "Schedule of Hourly Rates," dated January 1, 2014, and attached hereto as Exhibit "A." Such additional work shall not commence without prior authorization from the City. The total fee for the FY 2013-14 Updates of Assessment District Nos. 38, 39 and 41 is proposed to be $12,965.00; distributed by district as follows: Assessment District No. 38 Assessment District No. 39. Assessment District No. 41 $4,005.00 (30.890%) $4,480.00 (34.555%) $4,480.00 X4.555 %) (100.000%) The distributed dollar amounts shown on the previous page are rounded slightly to even numbers. If the estimated assessment district fee distribution given on the previous page is incorrect, please contact Consultant with the preferred fee distribution, and it will be corrected. Please note that some of Consultant's 2013 office labor rates on Exhibit "A" have been reduced, but the maximum office labor fee is the same as the 2012 office labor fee. Rapid Data's 2013 total fee is the same as their 2012 total fee. Therefore, the total project fee shown on the previous page for the F"013-14 assessment district updates is the same as the FY 2012-13 total project fee. Also, as has happened for the past two years, the Los Angeles County Assessor wants the check to pay for the CD — or E-mail - containing the FY 2013-14 property owner information to come from the City of Diamond Bar instead of from the Consultant. Closure GFB-Friedrich appreciates being given the opportunity to submit this proposal. We want to do this FY 2013-14 update work for you. If this proposal is accepted, we will be pleased to enter into the City's existing Consulting Services Agreement, pending a review of said Agreement by our insurance agent. If you have any questions, please call us. Sincerely, GFB-FRIEDRICH & ASSOC., INC. d,edrich, ohn 4A. FriP.E. President attachment: Exhibit "A" - Schedule of Hourly Rates Exhibit "B" - Proposed Schedule TAF [Diamond Bar R.U. Update Proposal — FY 13-14 January 1, 2014 Exhibit "A" GFB-FRYEDRICH & ASSOC., INC. SCHEDULE OF HOURLY RATES FOR PUBLIC FINANCE PROJECTS CLASSIFICATION RATE 1. Principal $ 145.00 per hour 2. Registered Engineer $ 125.00 per hour 3. Project Manager $ 105.00 per hour 3a. Assistant Engineer $ 96.00 per hour 4. Designer/CAD $ 96.00 per hour 5. CAD Drafter $ 80.00 per hour 5a. Special Districts Analyst $ 90.00 per hour 5b. FieId Inspector $ 96.00 per hour 6. 2 -Man Survey Party (Standard Rate) $ 195.00 per- hour - 6a. 2 -Man Survey Party (Prevailing Wage Rate) $ 240-00 per- hou 7. Survey Crew Using GPS $300.09pe r- 8. Survey Research/Analysis/Office Work/Drafting $ 115.00 Pef heur 9. Clerical $ 56.00 per hour Subconsultants Subconsultant Fee plus 10 Principal Time as Expert Witness During Court Appearance, Waiting for Court Appearance, and Depositions $ 260.00 per hour Principal Time Spent on Preparation, and Office or Outside Research, Relevant to Expert Witness Work $ 220.00 per hour Blueprints, Reproduction & Courier Service Vendor Costs Job Travel $ 0.55 per mile Delivery Service $ 56.00 per hour plus mileage -or- Actual Cost plus 10% NOTE: Normal overtime will be invoiced at 1.50 times standard hourly rate. Overtime on Sundays and holidays will be invoiced at 2.00 times standard hourly rate. This Schedule of Hourly Rates is in effect through December 31, 2013 and shall be subject to annual revision based on changes in the cost of living. GFBF Rates - 112013 SCHEDULE OF HOURLY RATES PAGE A-1 Exhibit "B" CITY OF DIAMOND BAR PROPOSED SCHEDULE FOR ASSESSMENT DISTRICT NOS. 38,39 and 41 Fiscal Year 2013-14 The following proposed schedule is specifically for 1972 Act procedures when no changes are proposed that would require mailed notices or ballot counting. City Council meetings. are on the first and third Tuesdays of each month. It is also assumed that all three assessment districts will be on the same schedule. City Council adopts Resolutions of Initiation and L.A. County Assessor's property owner information files are ordered, by Early February, 2013 Submit Preliminary Engineer's Reports and Resolutions of Intention to City Clerk to meet City Council Meeting agenda deadline, no later than May 10, 2013 City Council Meeting at which Resolutions of Intention are adopted, Preliminary Engineer's Reports are approved, and Public Hearing date is set May 21, 2013 Submit revised Engineer's Reports, if necessary, to meet City Council Meeting agenda deadline, no later than June 7, 2013 Public Hearings held at City Council Meeting, Assessment District Nos. 38, 39 and 41 are approved and confirmed, and the Resolutions Confirming the Levy of Assessments are adopted June 18, 2013 Submit digital fixed -charge assessments on CD's to Los Angeles County Auditor, on or about July 8, 2013 Make assessment exception corrections and resubmit to the County Auditor, no later than August 9, 2013 If necessary, the entire schedule can be moved forward resulting in a Public Hearing date as late as early -to -mid July. Im Agenda 9 6.5 (b) Meeting Date: March 19, 2013 VIA: James DeStefano, City Man r TITLE: ADOPT RESOLUTION NO. 2 13 -XX ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2013-2014. RECOMMENDATION: Adopt. FINANCIAL IMPACT: For Fiscal Year 2012-2013, a total budget of $4,000 has been approved for the assessment engineering services needed for District No. 38. BACKGROUNDIDISCUSSION: The City has an annual program for the maintenance of landscaping as well as open space improvements, and intends to continue said program by special assessments upon lands within the City. Funds must be provided to enable each District to continue their operation during the 2013-2014 Fiscal Year. Of the City's three Districts, District 38 encompasses the whole City and is illustrated on Exhibit °A-1" Map. As part of this program update, the City must undergo a three step process. First, the City initiates the process by adopting resolutions ordering the City Engineer to prepare and file an engineer's report for each district. Second, the report is finalized and presented to the City Council who, in turn, adopts resolutions of intention that are set for a Public Hearing. Lastly, a Public Hearing is held at a City Council meeting where all three Assessment Districts are approved and confirmed, resulting in the adoption of a resolution confirming the levy of assessments. Throughout the entire process, all proceedings for the maintenance of public improvements will be pursuant to the provisions of the Landscape and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California. PREPARED BY: r David G. ,- hector of Public Works Attachment: Resolution No. 2013 -XX Exhibit "A-1" Map 2 RESOLUTION NO. 2013 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 38 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2013-14 A. RECITALS (i) Heretofore the City of Diamond Bar Assessment District No. 38 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code {§§ 22500, et. seq.). (ii) California Streets and Highways Code § 22622 provides that this Council shall adopt a resolution generally describing any proposed new improvements or substantial changes in existing improvements in such a district and ordering the City Engineer to prepare and file a report related to annual maintenance and assessment in such a district. (iii) No new improvements or substantial changes in existing improvements are proposed for said Landscaping Assessment District No. 38. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. The City Engineer hereby is ordered and directed to prepare an annual report as specified in California Streets and Highways Code §§ 22565, et seq., with respect to City of Diamond Bar Assessment District No. 38 for Fiscal Year 2013-14. 3. The City Clerk shall certify to the adoption of this Resolution. PASSED, ADOPTED AND APPROVED this _ day of , 2013. Jack Tanaka, Mayor I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye A. Cribbins, City Clerk 2 I I Eli '--?' 'N CITY COUNCIL Agenda # 6 _ _S ( r_ ) Meeting Date: March 19, 2013 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Manag r_ TITLE: ADOPT RESOLUTION NO. 201 -XX ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF OPEN SPACE IN THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2013-2014. RECOMMENDATION: Adopt. FINANCIAL IMPACT: For Fiscal Year 2012-2013, a total budget of $4,500 has been approved for the assessment engineering services needed for District No. 39. BACKGROUNDIDISCUSSION: The City has an annual program for the maintenance of landscaping as well as open space improvements, and intends to continue said program by special assessments upon lands within the City. Funds must be provided to enable each District to continue their operation during the 2013-2014 Fiscal Year. Of the City's three Districts, District 39 encompasses a specific part of the City as illustrated on Exhibit "A-2" Map. As part of this program update, the City must undergo a three step process. First, the City initiates the process by adopting resolutions ordering the City Engineer to prepare and file an engineer's report for each district. Second, the report is finalized and presented to the City Council who, in turn, adopts resolutions of intention that are set for a Public Hearing. Lastly, a Public Hearing is held at a City Council meeting where all three Assessment Districts are approved and confirmed, resulting in the adoption of a resolution confirming the levy of assessments. Throughout the entire process, all proceedings for the maintenance of public improvements will be pursuant to the provisions of the Landscape and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California. PREPARED B David G. Liu, Director of Public Works Attachment: Resolution No. 2013 -XX Exhibit "A-2" Map RESOLUTION NO. 2013 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF OPEN SPACE IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 39 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2013-14. A. RECITALS (i) Heretofore the City of Diamond Bar Assessment District No. 39 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code {§§ 22500, et. seq.). (ii) California Streets and Highways Code § 22622 provides that this Council shall adopt a resolution generally describing any proposed new improvements or substantial changes in existing improvements in such a district and ordering the City Engineer to prepare and file a report related to annual maintenance and assessment in such a district. (iii) No new improvements or substantial changes in existing improvements are proposed for said Landscaping Assessment District No. 39. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. The City Engineer hereby. is ordered and directed to prepare an annual report as specified in California Streets and Highways Code §§ 22565, et seq., with respect to City of Diamond Bar Assessment District No. 39 for Fiscal Year 2013-14. 3. The City Clerk shall certify to the adoption of this Resolution. PASSED, ADOPTED AND APPROVED this _ day of , 2013. Jack Tanaka, Mayor I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye A. Cribbins, City Clerk K day of , EXHIBIT "A_Z" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO. FISCAL YEAR 2013--14 FOR THE CITY OF DIAMOND BAR SHEET 7 OF 1 SHEET at] Of(p GlM.�Y WI N fl[ N�wrr NwCG WI lIM Nf n MAL FWI Ill dna D M H�X�} NN6 Naeu ro. F>m4lY M vl oallur r 10f Nano man CHIPHL'.SC11Ji mdr. AQ INrI Au Pam !R m w m AVm."4W wmw EelaY H�06 �Mf�/� H� lurt u) "C N 71K fllr[ n TR lm M-�I-u . OFB-►li®$i0A - k J860C. 1HC� 1 YY PYI>•s1 Pf hl u[(d Y1nC uM Agenda # 6 _ 5 (d) Meeting Date: Match 19, 2013 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man4 TITLE: ADOPT RESOLUTION 2013- X ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF OPEN SPACE. IN THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2013-2014. RECOMMENDATION: Adopt. FINANCIAL IMPACT: For Fiscal Year 2012-2013, a total budget of $4,500 has been approved for the assessment engineering services needed for District No. 41. BACKGROUND/DISCUSSION: The City has an annual program for the maintenance of landscaping as well as open space improvements, and intends to continue said program by special assessments upon lands within the City. Funds must be provided to enable each District to continue their operation during the 2013-2014 Fiscal Year. Of the City's three Districts, District 41 encompasses the southwesterly part of the City as illustrated on Exhibit "A-3" Map. As part of this program update, the City must undergo a three step process. First, the City initiates the process by adopting resolutions ordering the City Engineer to prepare and file an engineer's report for each district. Second, the report is finalized and presented to the City Council who, in tum, adopts resolutions of intention that are set for a Public Hearing. Lastly, a Public Hearing is held at a City Council meeting where all three Assessment Districts are approved and confirmed, resulting in the adoption of a resolution confirming the levy of assessments. Throughout the entire process, all proceedings for the maintenance of public improvements will be pursuant to the provisions of the Landscape and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California. PREPARED BY: David . Liu, Director of Public Works Attachment: Resolution No. 2013 -XX Exhibit "A-3" Map RESOLUTION NO. 2013 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A REPORT RELATED TO MAINTENANCE OF OPEN SPACE IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 41 AND ANY ASSESSMENT THEREON FOR FISCAL YEAR 2013-14 A. RECITALS (i) Heretofore the City of Diamond Bar Assessment District No. 41 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500, et. seq.). (ii) California Streets and Highways Code § 22622 provides that this Council shall adopt a resolution generally describing any proposed new improvements or substantial changes in existing improvements in such a district and ordering the City Engineer to prepare and file a report related to annual maintenance and assessment in such a district. (iii) No new improvements or substantial changes in existing improvements are proposed for said Landscaping Assessment District No. 41. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. The City Engineer hereby is ordered and directed to prepare an annual report as specified in California Streets and Highways Code §§ 22565, et seq., with respect to City of Diamond Bar Assessment District No. 41 for Fiscal Year 2013-14. 3. The City Clerk shall certify to the adoption of this Resolution. PASSED, ADOPTED AND APPROVED this _ day of , 2013. Jack Tanaka, Mayor I, TOMMYE A. CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the 2013, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Tommye A. Cribbins, City Clerk 2 day of , SHEFT10FISHEET EXHIBIT "A-3" ASSESSMENT DlAdRAM ASSESSMENT DISTRICT NO. 41 FISCAL YEAR 2013-14 for the CITY OF DIAMOND BAR J M Anasenfort raa¢n wn GCII tnT nn 1-1 -- ,olsa — 0 a s A[flGaOn'L W- -- M Me1911afl K W cn1H1a Orld[eiril[m naruaon'aamci. Tit am'in�i�uesi�ewuunixinaauaxans rx.y1.11H� ��nmtewam�n.w»:rn�nn,',.ez.iwa. c�c� wx'mnw Sao u�a _I l wort? xHrtlrizu or nye err -F rxei nFa"IDMD n. cauun nF ins nuneus, srM1n or cn�rnnNiti xw[mm onv a son 1°.nn —a IN YM om"PFT mrrD MjIN G0 -9r L. M1NNffiEn, si�TE OF nM1+YtlIW4Tl15 tl[Y dr r iHa ' CnY OFnWnoxtl nnn `ST �[ l f}okPnntc°� VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK DATE: 3 FROM: r ` =tip `.�� 1 ADDRESS: f O � PHONE:s ORGANIZATION: �' �"�"� ` � � ` ��'``''`��• - AGENDA#!SUBJECT. 77K �d�� I expect to address, the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signature. This document is a public record subject to disclosure under the Public Records Act. lyCok�� VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM DATE:�`� s ADDRESS: tr -Yl` �/Y1 Lf PHONE: ORGANIZATION:�t �j'""t )(�A AGENDA#ISUBJECT:� V k t I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. Signat This document is a public record subject to disclosure under the Public Records Act.