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04/16/2013
City Of Diamond Bar City Council Agenda Tuesday, April 16, 2013 5:30 p.m. — Room CC -8 — Closed Session 5:45 p.m. — Room CC -8 -- Study Session 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 David DeBerry 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 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in- need nneed of any type of special equipment assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Have online access? City Council Agendas are now available. on the City of Diamond Bar's web site at www.CityofDiamondBar.com Please refrain from smoking, eating or drinking in the Council Chambers, The City of Diamond Bar uses recycled paper and encourages you to do the same. CITY OF DIAMOND BAR CITY COUNCIL AGENDA April 16, 2013 Next Resolution No. 2013-06 Next Ordinance No. 02 (2013) CLOSED SESSION: 5:30 p.m., Room CC -8 Public Comments on Closed Session Agenda ► Government Code Section 549569. (a) Pending Litigation — One Case - City of Alhambra et al. v. County of Los Angeles Case No. BS 116475 STUDY SESSION: 5:45 p.m., Room CC -8 ► Council Goals and Objectives — Discussion and Action. Public Comments CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: APPROVAL OF AGENDA: 6:30 p.m. Mayor Pastor Mark Hopper, Evangelical Free Church of Diamond Bar Council Members Chang, Herrera, Tye, Mayor Pro Tem Everett, Mayor Tanaka Mayor 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. April 16, 2013 PAGE 2 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation of Certificates of Recognition to Students and Coordinators participating in the 2013 Inland Valley Regional Spelling Bee sponsored by the Diamond Bar Friends of the Library. 1.2 Presentation of City Tile to Capt. David Halm upon his Promotion to Commander. 1.3 Proclaiming April 26, 2013 as "Arbor Day". 1.4 Proclaiming the week of April 21-27, 2013 as "National Crime Victims' Rights Week". BUSINESS OF THE MONTH: 1.5 Presentation of City Tile to Diamond Bar Beauty, 228 S. Diamond Bar Boulevard, as Business of the Month, April, 2013. 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. 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 Planning Commission Meeting — April 23, 2013 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.2 Parks and Recreation Commission Meeting — April 25, 2013 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.3 Arbor Day Celebration — April 26, 2013 — 9:30 a.m., Pantera Elementary School, 801 Pantera Drive April 16, 2013 PAGE 3 5.4 City Council Meeting — May 7, 2013 — AQMDIGovernment Center Auditorium, 21865 Copley Drive. 6. CONSENT CALENDAR: 6.1 City Council Minutes: (a) Study Session of April 2, 2013 — Approve as Submitted. (b) Regular Meeting of April 2, 2013 — Approve as Submitted. 6.2 Ratification of Check Register — Dated March 28, 2013 through April 10, 2013 totaling $884,772.08. Requested by: Finance Department 6.3 Approval of Amendment No. 2 to the Agreement for Diamond Ride (Dial -A -Cab) Services with Diversified Transportation, LLC DBA Yellow Cab Co., Extending the Contract Term Two Years Beginning July 1, 2013 and Expiring June 30, 2015. Recommended Action: Approve. Requested by: Public Works Department 6.4 Authorize an Additional Appropriation of $6,336 of Prop A "Safe Parks Act" Funds to the 2012/13 FY Budget and Authorize Additional Work Be Performed by the California Conservation Corp (CCC) in the Amount of $6,336 to Provide Additional Trail Maintenance in Diamond Bar and Authorize the City Manager to Execute the Agreement. Recommended Action: Authorize Requested by: Community Services Department 6.5 Approval of Proposed Amendments to Article VI, Section 2 and Article VII, Section 16 of the Bylaws of the League of California Cities. Recommended Action: Approve and Direct Delegate. Requested by: City Manager April 16, 2013 ' PAGE 4 6.6 Authorize the City Manager to Approve Amendment No, 1 to the Professionals Services Agreement with SJC 3 Consultants in the Amount of $10,000 for a Not to Exceed Amount of $30,000 to Administer the City's Home Improvement Program (HIP). Recommended Action: Approve. Requested by: City Manager 7. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: None. 9. COUNCIL SUB -COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Study Session CITY OF DIAMOND BAR MEMORANDUM To: Honorable Mayor and Members of the City Council From: James DeStefano, City Man f Date: April 16, 2013 SUBJECT: FY 2013-14 Council Goals & Objectives Each year, the City Council reviews its adopted Goals & Objectives and makes appropriate amendments (including adding or deleting items or making appropriate edits to reflect changing priorities) before adopting the next fiscal year's document. For FY 2013-14, staff recommends some changes to the long-standing format of the Goals & Objectives to account for the long-term/multi-year nature of many of the items and to encourage measurable progress. The recommended format changes are primarily applied to long-term/multi-year goals in which specific objectives of the goal are to be achieved during the fiscal year. Recommended changes are shown in red, with Goals identified with bullet points and Objectives as lettered subheadings. Proposed FY 20132014 City Council Goals & Objectives a) Traffic Mitigation • Pursue the 57160 Freeway Interchange corridor long-term "final fix" and present an annual status report to the Council. Work with federal representatives to ensure the project is on the next Transportation Reauthorization Bill known as "Moving Ahead for Progress in the 21St Century (MAP -21)". Staff recomrnends this goal be amended as follows: In cooperation with the City's project partners, complete the 57160 Freeway Interchange corridor long -terra "big fix". a) Commence construction on the VV stbo nd -60 flip Ramp (Phase 1 of 57160 -Grand Confluence Project) - b) Complete design of Local Improvements at GrandfGolden Springs and DB Golf Course f=rontage and prepare for construction (Step 1 of Phase 2 57160 -Grand Confluence Protect). c) Complete EIR for Grand Bridge Widening, Bypass Loads, & On/Off Ramp Reconfiguration and continue desfgn work (Step 1 of Please 3 57f60 - Grand Confluence Project). d) Secure funding partners for and complete a feasibility study to determine the preferred and most cost-effective options for the completion of 57160 "big fix" (missing freeway and I- OV connectors separate from the 57/60 Confluence Project). • Participate in the development of SCAG's Regional Goods Movement Plan to ensure the plan is equitable in its distribution of goods movement related traffic. Staff recommends this goal be amended as follows-, Advocate for transportation solutions that are equitable in their distrIbUtion of goods movement related traffic. a) Secure recognition of the SR -60's ongoing status as a component of the state and national freight networks in an effort to secure funding for 57/60 Interchange improvements. • Maintain participation in the Four Corners Policy Group and Four Corners Coalition to advocate for regional transportation, economic development, and legislative solutions. Delete from Goals & Objectives -- This item is an established and ongoing aspect of the City's advocacy program. • Support and participate in the completion of the Lemon Avenue on and off ramp project. In cooperation with the City's project partners, complete the Lemon Avenue on and off ramp project. a) Complete right-of-way acquisitions and begin construcflon. Monitor and evaluate the Neighborhood Traffic Management Plan (NTMP) and Diamond Bar Traffic Management System (TMS) and their impacts on arterial and neighborhood traffic flow congestion relief. Delete from Goals & Objectives - The NTMP.and TIVIS are established and ongoing components of the City's traffic management program. • Monitor state high speed and light rail proposals to ensure they. do not adversely impact Diamond Bar. Staff recommends this goal be amended as follows: Oppose any high speed or light rail proposals that adversely impact Diamond Bar. 2. Fiscal Responsibility/Economic Development • Create a long-term City-wide financial plan for preservation of the City's fixed assets, including infrastructure, buildings, parks, and other facilities. • Develop incentive -based Specific Plans to revitalize areas such as K -Mart and Market World. • Identify and implement development opportunities for the former Honda dealership property that will result in the greatest net benefit to the community. Staff recommends the two goals fisted above be edited and combined as follows: Identify specific development opportunities and develop Specific Plans to revitalize the K -Mart and Honda property areas in a way that provides the greatest net benefit to the COMMUnity. a) Complete the market study for the Honda property and provide a report to the City Council. • Develop a plan to address the long-term financial sustainability of the City's Lighting and Landscape Assessment Districts (LLADs). 3. Communications • In addition to public meetings, encourage resident participation through open and expanded communication methods, including electronic and social media and the collection of scientifically valid opinion data. 4. Other Items • Preserve Windmill structure via ownership of structure and/or property. Develop a City-wide branding plan that incorporates standard design elements with a unifying theme that reflects the image of Diamond Bar. a) Commence Grand Avenue beautification project, using the chosen design as an initial standard plan for the City's streetscapes and entry signage. • Establish a "quiet zone" on the MetroLink train line at Lemon Avenue near Walnut Elementary School. 3 • Develop and implement fiscally responsible environmental/sustainability programs. a) Complete a five-year reviewlupdate of the Council's Sustainability Program Options Report (2008). Begin implementation of the approved Housing Element by completing necessary Zone Changes and Development Code and General Plan amendments. Staff recommends this goal be amended as follows: 0 Complete the implementation of the approved Housing Uement update, Agenda No. B.1(a) CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION APRIL 2, 2013 STUDY SESSION: M/Tanaka called the Study Session to order at 5:45 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Dr., Diamond Bar, CA. Present: Council Member Steve Tye, Mayor Pro Tem Ron Everett, and Mayor Jack Tanaka. Absent: Council Members Ling -Ling Chang and Carol Herrera were excused. Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; David Liu, Public Works Director; Bob Rose, Community Services Director; Greg Gubman, Community Development Director; Dianne Honeywell, Finance Director; Kimberly Young, Associate Engineer; Ryan McLean, Assistant to the City Manager; Ken Desforges, IT Director; Anthony Santos, Senior Management Analyst; Cecilia Arellano, Public Information Coordinator, and Tommye Cribbins, City Clerk. Consultants: Gary Vasquez with David Volz Design and Surender Dewan with DMS Consultants. ► GRAND AVENUE BEAUTIFICATION PROJECT — Discussion and Action: PWD/Liu began the discussion of the Grand Avenue Beautification Project by providing the Council with a brief background and proposed improvements for the project. He then introduced landscape architect Gary Vasquez with David Volz Design and Surender Dewan with DMS Consultants. C/Tye questioned why the City would move forward with improvements on Grand and Longview versus Grand and Golden Springs unless the Grand and Golden Springs area is being held back until the confluence project has been undertaken. DPW/Liu explained that in the near future City of Industry will be proposing a plan for the Grand Avenue/Golden Springs Drive intersection improvements and that staff wants to make sure that DB takes the lead for the entire project. He further indicated that staff has been working with the consultants to remove the constraints on the confluence project. CDD/Gubman stated that what the City is hoping to accomplish through the Grand Avenue Streetscape Beautification Project is to create the prototype for the entire City and ultimately develop from this effort a streetscape design manual for the City to help strengthen the visual identity and branding of DB that will set it apart from other cities. If staff receives Council's support and funding for the Grand Avenue/Diamond Bar Boulevard intersection the focus would include the Longview area because the intersection interfaces with four shopping APRIL 2, 2013 PAGE 2 CC STUDY SESSION centers. The project would include enhancement of existing and future businesses in the design element of which staff will be conducting an outreach effort to include those businesses. Staff believes the initial concerns of those businesses will involve signage and there are signs within the project envelope of the intersection that would need to be removed to facilitate the proposed features. Staff would like to be proactive in recommending a better and more cohesive design solution for the signage to help draw business to those shopping centers and provide an inviting atmosphere that comports with improving economic development in the business districts. Mr.Vasquez provided a power point presentation on the proposed improvements to the Grand Avenue/Diamond Bar Boulevard intersection and Grand Avenue at Long View Drive intersection. CITye asked if the bus shelters belong to the City. CMIDeStefano said that Clear Channel owns the shelters; however, as part of the agreement the City can dictate the design, color, etc. as well as changing the design of the shelter. CMIDeStefano reiterated that the City has about $858,000 in resources that were from the Grand Avenue project and can only be used for Grand Avenue. CITye asked about the Pathfinder entry and what is being done at Longview Drive that is different since it is all private property. Does the City take the property, approve only what the City owns, make a statement for what length, does the City take out the block walls and replace it with the different treatments that have been proposed or is that all to be determined. CMIDeStefano replied that it is all to be determined; however, could involve all those items. PWD/Liu emphasized that the main objective of this proposal is to create a design manual that can be used anywhere within the City and that the main objective is to begin a dialogue with the residents and the businesses. CITye asked about the traffic count at Grand Avenue and Diamond Bar Boulevard. PWD/Liu responded 75,000 vehicles per day. Mr. Vasquez reminded the Council that this is a project that can be "phased in" depending on resources and that staff would work with the budget to set priorities in terms of improvements and beautification. CITye asked what kind of direction staff needed. APRIL 2, 2013 PAGE 3 CC STUDY SESSION CM/DeStefano responded that staff would like to know if Council is agreeable to the types of concepts that have been presented and therefore allow staff to refine in more detail before proceeding with actual design drawings. M/Tanaka said he liked the concept and the idea of beginning the project at Grand Avenue and Diamond Bar Boulevard and working out from that point to incorporate a clock tower or some type of feature at that location. CMIDeStefano stated that staff would further refine the parameters of the proposed project and get back with the City Council at a later date. Public Comments: None Offered. ADJOURNMENT: With no further business to come before the City Council, MlTanaka adjourned the Study Session at 6.27 p.m. to the Regular City Council Meeting. TOMMYE CRIBBINS, City Clerk The foregoing minutes are hereby approved this day of —72013. Jack Tanaka, Mayor Amended Pages 2 and 10 Item 6.1(b) MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR APRIL 2, 2013 STUDY SESSION: 5:45 p.m., Room CC -8 ► Grand Avenue Beautification Project — Discussion and Action Public Comments: None Offered. Study Session recessed to Regular City Council Meeting at 6:27 p.m. CALL TO ORDER: Mayor Jack Tanaka called the Regular City Council meeting to order at 6:37 p.m. in the South Coast Air Quality District Auditorium, 21865 Copley Drive, Diamond Bar, CA. CMIDeStefano stated that a few years ago the City Council directed staff to seek Federal resources to improve Grand Avenue. Those dollars were secured and Grand Avenue was improved. The City has several thousand dollars left over from that project that are eligible to be used in a second phase to enhance Grand Avenue. With some $860,000 in Federal Grant funds available, these monies can only be used for Grand Avenue. This evening staff presented to the City Council a second phase to the Grand Avenue Beautification project to enhance Grand Avenue by adding streetscape elements, trees, lights, signage, art and so forth that once approved and installed would create a new palate for the rest of the community. After being introduced to the concept, Council directed staff to obtain additional information and come back to the Council for further discussion about a future project on Grand Avenue using those Federal dollars. Tonight's study session began at 5:45 p.m. and ended at 6:26 p.m. PLEDGE OF ALLEGIANCE: INVOCATION: Church, gave the invocation. ROLL CALL: and Mayor Tanaka. ABSENT: excused. CITye led the Pledge of Allegiance. Monsignor James Loughnane, St. Denis Council Member Tye, Mayor Pro Tem Everett Council Members Chang and Herrera were Staff Present: James DeStefano, City Manager; David Doyle, Assistant City Manager; Ken Desforges, IT Director; David Liu, Public Works Director; Bob Rose, Community Services Director; Dianna Honeywell, Finance Director; Greg Gubman, Community Development Director; Ryan McLean, Asst. to the City Manager; Kimberly Young, Associate Engineer; Anthony Santos, APRIL 2, 2013 PAGE 2 CITY COUNCIL Senior Management Analyst; Cecilia Arellano, Public Information Coordinator, and Tommye Cribbins, City Clerk. APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 MPT/Everett proclaimed April 2013 "DMV/Donate Life California Month" and presented Life Ambassador Diana Meza with the proclamation. 1.2 Mayor Tanaka presented a City Tile to Lt. Steven Katz, Los Angeles County Sheriff's Department Diamond Bar/Walnut Sub Station. NEW BUSINESS OF THE MONTH: 1.3 Mayor Tanaka presented a Certificate Plaque to Willy Kuo, Owner, "Bull Demon King" 1155 South Diamond Bar Boulevard, Unit E, as New Business of the Month for April 2013. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CMIDeStefano stated that although Lt. Katz served DB for only a short time, the community has been served very well and is better for his service to this City. Steve has been a great partner as a member of the City's management team and that during the past two years staff has learned a lot from him and wish him well as he moves on to become the Operations Lieutenant for the Pico Rivera station within the LA County Sheriff's Department. CMIDeStefano stated that residents may be aware of movement at the Shell Station located at Palomino Drive at Diamond Bar Boulevard. A construction fence has been put up and the City is working on a daily basis with the contractor as the project begins to wrap up and within the next few months residents should see the gasoline station finally operating. 3. PUBLIC COMMENTS: Josh Murray, Teen Services Librarian, introduced Pui-Ching Ho, new Acting Librarian and General Manager of the Diamond Bar Library and presented her resume. APRIL 2, 2013 PAGE 3 CITY COUNCIL Ms. Ho said she was pleased to be in DB and looked forward to serving the community. 4. RESPONSE TO PUBLIC COMMENTS: None. 5. SCHEDULE OF FUTURE EVENTS: 5.1 Planning Commission Meeting — April 9, 2013 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.2 Traffic and Transportation Commission Meeting —April 11, 2013 — 7:00 p.m., Windmill Community Room, 21810 Copley Drive. 5.3 24th Annual City Birthday Party — Saturday, April 13, 2013 — 11:00 a.m. — 5:00 p.m. (Carnival rides open until 6:00 p.m.) — Pantera Park, 738 Pantera Drive. 5.4 City Council Meeting — April 16, 2013 — 6:30 p.m., AQMDIGovernment Center Auditorium, 21865 Copley Drive. 8, COUNCIL CONSIDERATION: 8.1 APPROVAL OF CONTRACT WITH WOODRUFF, SPRADLIN, SMART, FOR CITY ATTORNEY SERVICES. CMIDeStefano reported that after serving the City of Diamond Bar as its City Attorney for the past 17 years, Mike Jenkins, Jenkins & Hogan, elected to separate from the City. Learning of that decision in January 2013, the City Council directed the City Manager to begin a process to secure a new law firm to provide the same high- level quality of services by Jenkins & Hogan, Following an initial round of research into effective municipal Southern California based law firms, a targeted group of seven qualified firms were invited to submit proposals for City Attorney services. Upon review of the six proposals that were received, the Council narrowed the choice to three firms which were interviewed by the City Council on March 6. At the conclusion of the interview process, the City Council directed the City Manager to commence contract negotiations with the firm of Woodruff, Spradlin & Smart (WSS) and proposed City Attorney, David DeBerry. WSS is a full service law firm with 36 years of experience that represents municipal and government agencies including many cities in Southern California. APRIL 2, 2013 PAGE 4 CITY COUNCIL Mr. DeBerry is a very experienced City Attorney most recently serving 18 years as the in house Counsel for the City of Orange. There he provided a full range of municipal legal services to the city council and staff. The firm has an extensive array of experienced city attorneys including two specifically assigned to DB to serve in an assistant and/or deputy city attorney roll — Omar Sandoval and James Eggart. Both are proposed to serve in DB and both have extensive years of municipal experience. Mr. Sandoval is currently the city attorney for Hawaiian Gardens; Mr. Eggart has significant experience and will be serving DB principally in the role of supporting the Planning Department and Community Development Department. This team has extensive experience in legal matters ranging from land use to general governance, to the Brown Act special litigation, and combined with their performance and understanding of city attorney's role in DB, they make WSS the recommended choice for city attorney. Upon choosing Woodruff, Spradlin & Smart as its preferred candidate law firm and David DeBerry as City Attorney, the City Council directed the City Manager to commence negotiations, the result of which was a lowering of the hourly rates the firm would charge from that which was proposed within their original scope of work and costs for those legal services. The standard rate for all attorneys within the firm will be $195 per hour for the first year increasing to $205 per hour in the second year and thereafter with an annual CPI adjustment. Staff was also able to negotiate down the dollar amounts for the hours necessary in special litigation as well as, additional costs for providing legal services. One of the key factors in the agreement is that not only is Mr. DeBerry the City Council's choice for city attorney, but that any changes will require the approval of the City Council for the City Attorney position; and the City Council and/or City Manager for the Assistant City Attorney and Deputy City Attorney positions. Staff is recommending that the City Council approve the law firm of Woodruff, Spradlin & Smart with David DeBerry as the Council's new city attorney. M/Tanaka asked if there was anyone in the audience that wished to speak on this item. Seeing none, M/Tanaka brought it back to the City Council for approval. CITye moved, MPT/Everett seconded, to approve the contract with Woodruff, Spradlin & Smart for City Attorney Services. Motion carried by the following Roll Call vote: APRIL 2, 2013 PAGE 5 CITY COUNCIL AYES: COUNCIL MEMBERS: Tye, MPTIEverett, M/Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Chang, Herrera Mr. DeBerry thanked the City Council for choosing his firm to represent the City. He is excited and ready to move forward. He stated that his interactions with the City Manager and department heads have been excellent and that he found CMIDeStefano to be very responsive and he .intends to return that in kind. He and his firm will be responsive to the City Council. C/Tye said he believed it speaks well of DB in its choice and caliber of attorney firms that responded to the requests for services and that the three firms that were interviewed were seriously taken under consideration. He said he believes that the City could not have done better than Woodruff, Spradlin & Smart and he welcomed Mr. DeBerry. This City Council was a big fan of Mike Jenkins and Jenkins & Hogan and he looks forward to a long and mutually beneficial relationship with WSS. MPT/Everett thanked Mr. DeBerry and his firm for submitting an RFP and that the City looks forward to the best and expects and appreciates the best. 6. CONSENT CALENDAR: MPT/Everett moved, C/Tye seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Tye MPT/Everett, M/Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Chang, Herrera 6.1 CITY COUNCIL MINUTES — Regular Meeting of March 19, 2013 - Approved as submitted. 6.2 RATIFIED CHECK REGISTER — Dated March 14, 2013 through March 27, 2013 totaling $614,096.64. 6.3 APPROVED TREASURER'S STATEMENT — Month of February 2013. APRIL 2, 2013 PAGE 6 CITY COUNCIL 7. PUBLIC HEARING: 7.1 . ADOPT ORDINANCE NO. 01 (2013): EXTENDING ORDINANCE NO, 07(2012) PROHIBITING THE ISSUANCE OF PERMITS FOR ESTABLISHMENT OF LAND USES ON THE PARCELS ON THE NORTHWEST CORNER OF THE SR60/GRAND AVENUE INTERCHANGE IN ACCORDANCE WITH THE PROVISIONS OF GOVERNMENT CODE SECTION 65858 (HONDA PROPERTY). CM/DeStefano reported that this is a request from staff to conduct a public hearing and adopt an ordinance which would extend the existing prohibition and issuance of permits for the establishment of land uses on parcels located at the northwest corner of the SR60/57/Grand Avenue Freeway interchange in accordance with provisions of Government Code §65858 for the Burger King/Honda property. The attached amendment showing an additional finding was posted online and was provided to the City Council. CDD/Gubman stated that the former Honda and Burger King parcels located at 525 and 527 Grand Avenue possess unique characteristics and opportunities for reuse in ways not possible anywhere else in the City. Foremost among those opportunities are prominent freeway visibility along one of the state's busiest freeway segments, adjacency to freeway off -ramps, and isolation from potentially incompatible land uses. The reuse opportunities are recognized in the City's adopted economic development goals and objectives for the property. At the same time, the property is zoned C-3 which would permit a broad spectrum of uses, many of which would be at odds with the City's economic goals and policies. For this reason, the City Council adopted a moratorium on April 3, 2012 to allow staff to study and formulate appropriate standards and incentives to guide the reuse of the site. Staff has been working with an economic consultant, AECOM, on the preparation of a Municipal Highest and Best Use Analysis of the Honda property which is being done in accordance with the Professional Services Agreement approved by the City Council on March 5, 2013. The study will take 12-15 weeks to complete and will provide a foundation for the land use strategy and new zoning regulations to guide the establishment of new uses that would support the goal of yielding the highest municipal returns while generating sufficient private returns to be of interest to the development community. A market analysis is critical to ensuring the City's adoption of appropriate zoning standards and that this property is developed in a prudent manner so as not to injure the APRIL 2, 2013 PAGE 7 CITY COUNCIL public's health, safety and welfare. Because of the time to complete the market analysis and to update the zoning regulations accordingly, this ordinance is intended to extend the existing moratorium until the new permanent regulations are prepared and adopted by the City Council. CDD/Gubman read into the record the appended language to Section 4 of the draft ordinance which is required by State law to properly document the public health and safety threat that is being responded to by imposing the moratorium for the express purpose of crafting a remedy to that threat through new development standards, to wit: "Because of its prominent freeway adjacent location, proper development of the site is critically important to the City financially, aesthetically, and for the provision of services to City residents. The market analysis is a critical component to ensuring that the City adopt appropriate zoning regulations and that this property is developed in a prudent manner so as not to injure the public health, safety and welfare. The issuance of any permits for any development on the property without the benefit of the market analysis could harm the City and its residents financially, aesthetically, and in the provision of services, and thus, would result in a threat to the public health, safety and welfare as further described in the March 5, 2013 staff report related to Agenda Item number 6.7". Staff recommends that the City Council Adopt Ordinance 01 (2013) extending the moratorium for one year as permitted by State law. However, should staff complete the revised development standards and receive City Council approval to adopt those standards this moratorium can be terminated within the one year extension period. M/Tanaka opened the Public Hearing. With no one present who wished to speak on this item, MlTanaka closed the Public Hearing. CITye moved, MPT/Everett seconded, to adopt Ordinance 01 (2013) extending Ordinance No. 07(2012) Prohibiting the Issuance of Permits for Establishment of Land Uses on the Parcels on the Northwest . Corner of the SR601Grand Avenue Interchange in Accordance with the Provisions of Government Code Section APRIL 2, 2013 PAGE 8 CITY COUNCIL 65858 (Honda property). Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Tye, MPT/Everett, M/Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Chang, Herrera 7.2 ORDINANCE NO. OX (2013): AMENDING TABLES 2-5 AND 2-6 OF SECTION 22.10.030 OF THE MUNICIPAL CODE. CMIDeStefano stated that this is an advertised Public Hearing to consider approval of a Development Code amendment involving gasoline stations that have a convenience store component that wish to sell alcoholic beverages. The reference to the tables within the Development Code is the result of the applicant, Ryan Farsi, who has an interest in changing the definition of "school" in the context of this particular code provision. This matter was before the City's Planning Commission earlier. this year and as it was advertised and headed for the City Council tonight there were a couple of areas of study that he recommended that the City Attorney and CDDIGubman spend more time on in order for Mr. DeBerry to weigh in on the issue. As a result, staff is recommending that the City Council not take action on this matter this evening and continue the matter to a future date which may or may not require an advertised Public Hearing. Staff recommends that the City Council open the Public Hearing and continue the matter to a future date. M/Tanaka opened the Public Hearing. With no one present who wished to speak on this matter, M/Tanaka closed the Public Hearing. CITye moved, C/Everett seconded, to table Ordinance No. OX (2013). Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Tye MPT/Everett, M/Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Chang, Herrera APRIL 2, 2013 PAGE 9 CITY COUNCIL 7.3 CONDITIONAL USE PERMIT (PLANNING CASE NO. PL2013- 033). CM/DeStefano reported that this item is a companion piece to the item most recently considered. This is a public hearing for a Conditional Use Permit with the assumption that the Code Amendment would have been approved. Staff is requesting that this matter also be tabled for further consideration by the Community Development Department and the new City Attorney. If the matter comes back to the City Council it will be a duly noticed public hearing giving those who wish to do so an opportunity to speak. M/Tanaka opened the Public Hearing. With no one present who wished to speak on this item, M/Tanaka closed the Public Hearing. C/Tye moved, MPT/Everett seconded, to table Item 7.3, Conditional Use Permit for 3302 South Diamond Bar Boulevard by Ryan Farsi. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Tye MPT/Everett, M/Tanaka NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Chang, Herrera 9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTSICOUNCIL MEMBER COMMENTS: C/Tye congratulated Captain Halm and Lt. Katz. It is hard to believe that the Captain has been here for seven years. Congratulations to Lt. Katz as well. The Sheriff keeps taking DB's good people and that's the way it works in this City. The City Council and residents are grateful for your good work and grateful that you are recognized for the fine job for many years by being named a Commander. He welcomed new City Attorney Dave DeBerry. The City looks forward to a very long and mutually beneficial relationship and wise counsel. He invited everyone to the City's 24th Annual Birthday Celebration on April 13 at Pantera Park. It is a great time to get together with neighbors and friends. C/Tye asked that tonight's meeting be adjourned in memory of Lucille Tye, his wonderful mom. He thinks of her with "loving kindness" and although she was ready to go he and his family were not. He thanked the community for their outpouring of love and support for his family. She will APRIL 2, 2013 PAGE 10 CITY COUNCIL be missed dearly. MPT/Everett congratulated both Captain Halm and Lt. Katz and thanked them for their service to the City. On Thursday, March 21 at 10:30 a.m. he was at Castle Rock Elementary with M/Tanaka, C/Chang, Principal Carolyn Sullivan and hundreds of excited kids, staff, Community Club members as a very special, creative and artistic mom, Mrs. Cindy Yee, unveiled a tile mural on a brick wall bordering the amphitheatre in the center of the school. The mural consists of 200 hand crafted tiles that revolve around the International Baccalaureate theme of the school. He then went to Angel Stadium to attend the third annual 10,000 Best Jobs (NEC) Expo with priority on veterans and homeless children stemming from national unemployment. That evening he attended the State of the City Address "Discover Diamond Bar" by M/Tanaka at the Diamond Bar Center which will be available for viewing on the City's website or DB Channel 3. Saturday, March 23 he attended a four hour Walnut Valley Water District workshop on "Cost Effective Residential Landscape Irrigation" during which he learned that by cutting one minute off landscape watering can save 15-25 gallons of water. On Saturday he participated in the Friends of the Diamond Bar Library's 6th Annual Inland Valley Regional Spelling Bee at Mt. SAC and wanted to thank founder and creator, Sherman Griffone, the Spelling Bee Coordinator. This past Saturday was the Easter Egg Hunt and Pancake Breakfast. City staff did a great job along with the Breakfast Lions and Leos. He appreciates the Explorer Post 19 from the Fire Department. Their volunteer advisor, Roland Dykes, has done a superb job maintaining and challenging young men who want to be firefighters. Last week Congressman Royce opened two offices in his district, one in Brea and the other in Rowland Heights. M/Tanaka thanked Captain Halm and Lt. Katz for their service to the City of DB. He welcomed David DeBerry to the City of DB and Pui-Ching Ho, the new Librarian and General Manager. He also attended Castle Rock Elementary for the unveiling of the tile wall in the amphitheater. He congratulated his nephews Isaac and Nathan. Isaac's theme was to stay in school M/Tanaka spoke about the State of the City Address he delivered at the Diamond Bar Center and thanked the LA County Fire Department and Sheriff's Department for their attendance as well as, all of the residents and community partners including Valley Vista and Waste Management. He also thanked all of the service clubs that were present. He had a APRIL 2, 2013 PAGE 11 CITY COUNCIL chance to highlight some of the past accomplishments of the City including the new library and city hall, Bark Park, and the Washington Street Neighborhood Park. One of the new items proposed was "Discover Diamond Bar". He thanked the Public Information staff: for their work in putting the address together. On Thursday, March 26 he attended the DB Day at the LA County Fair committee meeting. This year DB Day at the LA County Fair will be on Thursday, September 5. The committee is working on the Community Hero's, the Big Yellow Bus Program, the Fair Kids and Business Expo. Last Wednesday he attended the LA County Sanitation District 21 meeting during which routine business was conducted and attendees received a report on the hazardous household waste collections. He hopes everyone had a Happy Easter. This past Saturday was the 30th Annual Easter Egg Hunt hosted by the DB Breakfast Lions Club and the City of DB at Pantera Park. There were over 10,000 candy -filled plastic eggs and thousands of candies handed to every child who attended. There were prize baskets, chocolate bunnies and stuffed animals that were awarded to individuals who found the prize eggs. He thanked the LA County Fire Explorers from Post 19 for providing an excellent pancake breakfast which was enjoyed by all. There were photos with the Easter Rabbit and Peeps and Miss Diamond Bar and her Court were there to participate in the festivities. He thanked Annemarie and her Court princesses Serna, Melina, Chika and Danielle. He thanked CSD/Rose, CSCITarazon and all of the staff members who helped put on another wonderful Easter Egg Hunt. He thanked the DB Breakfast Lions Club and the DBHS and Chaparral Leo Clubs. The Inland Valley Regional Spelling Bee was concluded and the City Council is planning to recognize the winners at a future meeting. He thanked the Boy Scouts for attending this evening's meeting and offered his condolences to CITye and his family on the passing of CITye's mother, Lucille Tye. ADJOURNMENT: With no further business to conduct, M/Tanaka adjourned the Regular City Council Meeting at 7:42 p.m. in memory of Lucille Tye, mother of CITye. TOMMYE CRIBBINS, CITY CLERK The foregoing minutes are hereby approved this day of 2013. JACK TANAKA, MAYOR Agenda # 6__-..2 Meeting Date: April 16th, 2013 TO: Honorable Mayor and Members of the City Council FROM: James DeStefano, City Mana TITLE: Ratification of Check Register date March 28, 2013 through April 10, 2013 totaling $ 884,772.08. RECOMMENDATION: Ratify. FINANCIAL IMPACT: Expenditure of $ 884,772.08 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 March 28, 2013 through April 10, 2013 for $ 884,772.08 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 REVIEW tJ Finance i�_re6tof Attachments: Affidavit and Check Register — 03/28/13 through 04110113. 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 March 28, 2013 through April 10, 2013 has been audited and is certified as accurate. 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O ❑ O O c 7 LL 0 0 Q U N U m � ❑ O � U Z m ❑ 0) LL � w m � U a� E m z 0 c O O LU tY m E co N Z N co U O N L U a� N co ❑ 0 U N 47 � U � O O O 0 Ei3 U m n n Z Z) LL LU I J_ U L 0 CR 0 m M 0 fPr w LO uo m v co ti v am h 6 Vco N ri r M m Ln co zccLr1 O M N m LO 0 0 0 0 4 p O O O O N N N N N O O O O C7 N M u1 O N p r r r h h h h h 0 0 0 0 0 m a. m Ll 0- a_ m m IL a w w w w w LL LL LL w LL. 0 0 0 0 0 z z z z F- F- U- LL LL LL LL () U) U) 0 U7 Z z z Z Z J J J J J J J J J J d d a a¢ h O Q. Q M M M M C7 M 0 0 0 0 0 N N N N N co co co co co N N N N N M, M c'1 rn m co O N h h v w W r N CITY COUNCIL Agenda # Meeting Date 6.3 __ April 16, 20.13 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Mana TITLE: APPROVAL OF AMENDMENT NO. 2 TO THE AGREEMENT FOR DIAMOND RIDE (DIAL -A -CAB) SERVICES WITH DIVERSIFIED TRANSPORTATION, LLC DBA YELLOW CAB CO., EXTENDING THE CONTRACT TERM TWO YEARS BEGINNING JULY 1, 2013 AND EXPIRING JUNE 30, 2015. RECOMMENDATION: Approve. FISCAL IMPACT: Each year, the City receives Proposition C funds from Los Angeles County. These are restricted funds that must be used to implement transit programs. In FY 13-14, staff estimates $515,000 in appropriations will be required to fund the program. Because the proposed contract extension with Diversified Transportation, LLC DBA Yellow Cab Co. features no change in rates, staff does not anticipate any change in expected expenditures beyond this amount based on current ridership. BACKGROUND/DISCUSSION: The City's Diamond Ride program provides subsidized taxi service for medical, shopping, and other trips for Diamond Bar seniors (aged 60 and older). Diamond Ride is trusted and heavily utilized, becoming a relied -upon mode of transportation to over 1,500 residents. Service is offered from 7am-8pm daily, with the medical trip boundary extending from Diamond Bar to many regional hospitals in the area. Since the program's inception, taxi service has been provided by Yellow Cab Co. Following a RFP process in 2009, Yellow Cab's current contract was approved by the City Council as an initial two-year agreement with the option to extend. In December 2011, the City Council approved an eighteen month extension, which expires June 30, 2013. Yellow Cab has proven itself to be an effective provider of Diamond Ride services to the community, providing clean and efficient transportation, good customer service, and competitive pricing. Their management and dispatch staff have been sensitive to the program's unique needs, working closely with City staff to address any concerns in a timely fashion. Yellow Cab has also collaborated with the City to develop program adjustments 921256,1 (including those adopted by the Council in 2010) designed to save resources and limit user fraud, even when it may have cost the company revenue, Due to the continued success of the program, the quality service provided, and the fact that an unnecessary change in providers will result in service impacts to riders (at least initially), staff recommends to extend the current service contract with Yellow Cab Co. for an additional two (2) years, expiring June 30, 2015. PREPARED B Ryan c ean, Assistant to the City Manager Attachments: 1. Amendment No. 2 to the Agreement 2. Yellow Cab Co. Request to Extend Contract, dated March 1, 2013 3. Diamond Ride Quick Reference Guide 92,1256.1 AMENDMENT NO. 2 TO THE AGREEMENT FOR DIAMOND RIDE (DIAL -,A -CAB) SERVICES BEGINNING JULY 1, 2013 TO JUNE 30, 2015 This Amendment No. 2 ("Amendment No. 2") to the City's Contract Agreement is made and entered into this day of April, 2013 by and between the CITY OF DIAMOND BAR, a municipal corporation (hereinafter referred to as "CITY") and DIVERSIFIED TRANSPORTATION, LLC DBA YELLOW CAB CO. (hereinafter referred to as "CONTRACTOR"). A. Recitals: (i) The CITY has heretofore entered into an agreement with Diversified Transportation, LLC to provide Dial -A -Cab services to the eligible elderly and persons with disabilities who reside in Diamond Bar, dated January 1, 2010 (the "Original Agreement"). (ii) On or about December 20, 2011, the CITY and CONTRACTOR entered into an Amendment No. 1, extending the term of the Original Agreement from January 1, 2012, through June 30, 2013 ("Amendment No. 1"). (iii) CONTRACTOR has requested a twenty-four (24) month extension pursuant to Section 17 of the Original Agreement, a full, true and correct copy of which attached hereto as Attachment "II". NOW, THEREFORE, it is agreed by and between CITY and CONTRACTOR: B. Amendment to Original Agreement: Section 17 of the Original Agreement is hereby amended as follows: "17. Term. The term of the Original Agreement shall be extended through June 30, 2015." Each party to this Amendment No. 2 acknowledges that no representation by any party which is not embodies herein nor any other agreement, statement, or promise not contained in this Amendment No. 2 shall be valid and binding. Any modification of this Amendment No. 2 shall be effective only if it is in writing signed by the parties. Except as specifically amended herein, the terms and conditions of the Original Agreement, as amended by Amendment No. 1, shall remain in full force and effect. 921256.1 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 as of the day and year first set forth above. "CITY" ATTEST: CITY OF DIAMOND BAR al Tommye Cribbins, City Clerk Jack Tanaka, Mayor APPROVED AS TO FORM: David DeBerry, City Attorney 921256.1 DIVERSIFIEDTRANSPORTATION, LLC DBA YELLOW CAB CO. Larry Slagle, President March 1, 2013 Mr. Ryan McLean Assistant to the City Manager, City of Diamond Sar 21810 Copley Dr Diamond Bar, Calif. 91765 Dear Mr. McLean, Thank you for the opportunity to discuss Diamond Ride, the Diamond Bar transportation program with you, David and Anthony. As we indicated, we are committed to continuing to work with you and your staff to provide quality, reliable, and responsive service to your constituents while working with the program parameters as established by the City. We know times are still tough and programs are at risk depending on the funding stream of the community. We know people still need to have transportation options to take care of the normal day to day requirements and that Is the purpose of Diamond Ride. With that in mind, we are prepared to present you an offer to extend the agreement between the parties to provide Diamond Ride transportation services for an additional term at our current rate, no increase. As part of that extension we would develop a rider ship/frequency report, subject to your approval, that would be a monthly deliverable for this project. This extension would allow us to continue to upgrade our equipment and keep our drivers engaged with us knowing that their jobs are secure provided we do our jobs to your satisfaction. please jet us know if you have any comments or questions regarding the above proposal. Sincerely, Larry Slagle, Vp Taxi services I- n ❑l 7GC 14UU 1b- M1SS1On nlvu-, va,�v.acy �� -_• (909) 622-1316 o Fax (909) 525-9411 What are the service hours.) Monday through Sunday between 7:00 am and 8:00 pm. Hew many trips am I allowed? Up to thirty (30) one-way trips or fifteen 0 5) round -trips per month. How do I reserve a trip? Call 800.578.6555 between 7am and 8pm at least one day in advance. Be prepared to provide: • Name, contact number, and Diamond Ride I.D. number. • Address of pick-up and destination locations. • Number of passengers. • Time you need to arrive at your destination/appointment. • Number of passengers and any special needs requests. • Indicate if you will need more than one trip for the same day. Where can I travel? Travel is allowed within three (3) designated service areas (see map on reverse side). All trips must begin or end in Diamond Bar. Is travel beyond the service area boundaries allowed? Travel to destinations beyond medical service area #3 and non-medical trips beyond service area #2 are charged an additional $2.50 per mile rate after initial fare. What are the fares? Fares vary by destination as follows: • within Diamond Bar city limits #1 $0.50 ($1.00 round-trip) • medical visits within the medical service area #3 $1.50 ($3.00 round-trip) • trips (non-medical) within the service area #2 (see map) $3.00 ($6.00 round-trip) • shopping centers/malls beyond city limits $3.00 ($6.00 round-trip) limited to eight (8) per month • Ontario Airport or Fullerton Amtrak Station $10.00 (limited to six (6) per year) Please be a considerate a ricer Call the cab company to cancel an unneeded ride as soon as possible, and don't schedule a ride that you don't intend on using, simply To reserve a space, Responsible. scheduling and properly cancelling unneeded trips provides other riders the opportunity to benefit from the Diamond Ride program, Users with excessive cancellations or repeated no-shows may find their service 11mired or suspended. Additional Access Paratransit 800.827.0829 orTDD 800.827.1359 Provides curb to curb transportation services in Los Angeles County. Foothill Transit 800.743.3463 Fixed route bus service for the San Gabriel and Pomona Valleys. . MTA Bus 800.266.6883 Major bus and rail service operator in Los Angeles County, Metrolink Rail 800.266.6883 Southern California's commuter train service. Amtrak Rail 800.872.7245 or TDD/TTY 800.523,6590 RIDEINFO 800.431.7882 or TDD/TTY 800.431.9731 Free referral service to match individual transportation needs with. available accessible transportation options. [discount bus and rail gasses 909.839.7045 Diamond Bar residents 60+ receive a 50% subsidy on transit passes for Foothill, MTA and Metrolink (residents under 60 receive a 20% discount), Airport Transportation Service` Apollo 877,927.6556 Discount 800.699.4826 Express 800.644.7433 Go Fly Airport 909.772,8516 New Express 877.977.3748 PrimeTime 800.262-7433 SuperShuttle 800.700.1983 a M San Diego F 14 Hwy- _ � _ m II h13p nct is sale IIII Ik s' I Text -clay reservations Example: Your medical appointment is Monday at 11 am. You must reserve a ride no later than Sunday anytime between Yam and 8pm. (Initial pick-up time)l 5 -minute window Example: Your ride reservation is scheduled for gam. A driver will arrive to pick you up between 8:45am. and 9:15am. Scheduling several trips for the same day Example: You have a medical appointmentThursday at 10am. After your doctor's visit, you want to go to the grocery story before going home. Step No. 1- Reserve your ride to the medical appointment on Wednesday anytime between 7am and 8pm, and inform the cab company that you would like to stop at the grocery store after your doctor's appointment. Step No.2 - When you are aready to leave the doctor's office, call the cab company to arrange a new ride to the grocery store. Your ride will arrive within 40 minutes of placing your request. Step No, 3 - When you have finished grocery shopping, call the cab company to arrange for a ride back home. Your ride will arrive within 40 minutes of placing your request. Also, if you plan on using Diamond Ride for all your trips, keep in mind that it will count as three (3) one-way trips: from your home to your medical appointment, from your medical appointment to the grocery store, and from the grocery store to your home. Questions or Comments regarding a particular trip, contact Yellow Cab at 800.578.655. Report unresolved issues or provide suggestions/ feedback to the City's Public Works Department at 909.839.7040. Agenda # 6.4 Meeting Date: 4/16/13 CITY COUNCIL AGENDA REPORT i TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man4 TITLE: AUTHORIZE AN ADDITIONAL A PROPRIATION OF $6,336 OF PROP A "SAFE PARKS ACT" FUNDS TO THE 2012113 FY BUDGET AND AUTHORIZE ADDITIONAL WORK BE PERFORMED BY THE CALIFORNIA CONSERVATION CORP (CCC) IN THE AMOUNT OF $6,336 TO PROVIDE ADDITIONAL TRAIL MAINTENANCE IN DIAMOND BAR AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT. RECOMMENDATION: Approve appropriation and additional work, and authorize City Manager to execute agreement. FINANCIAL IMPACT: The City's 2012113 FY Safe Parks Act budget includes $55,000 for work that has already been performed by the CCC this year. Approval of this additional appropriation will add another $6,336 to the budget and authorize the CCC to perform additional trail maintenance work. The Safe Parks Act "Youth at Risk" fund balance is $130,033. These funds are restricted and can only be spent on contractors that qualify as at -risk youth. The CCC workers qualify as at -risk -youth. No funds from the General Fund will be expended on this contract. BACKGROUND: The City utilizes the CCC to perform trail repair work on the City's trail system as well as brush clearance work for fire prevention purposes. The CCC recently completed work on the Pantera Park trail, Sycamore Canyon Park trail and Silver Tip Park enhancements project, to the City's satisfaction, DISCUSSION: Each spring, a large amount of weeds sprout adjacent to the trails that make up the Summitridge Trail System. It is important to clear these weeds on an annual basis to widen the walking path and to eliminate brush where rattlesnakes can lurk near the trail. Not only will the CCC remove the weeds they will also fill in any holes that have developed in these trails. The CCC has assisted the City with the repair of various trails and the clearing of brush throughout the City's park and trail system for several years. Utilizing the CCC for this type. of work has proven to be cost effective for the City. City staff recommends that the City Council approve an appropriation in the amount of $6,336 for a total authorization of $61,336 for the CCC in the 2012113 FY. PREP RERAND REVIEWED BY: Bob' e Director of Community Services Agenda # 6.5 Meeting Date: April 16, 2013 CITY COUNCIL AGENDA REPORT r�C,07i POR ��� TO: Honorable Mayor and Members of the City Council B VIA: James DeStefano, City Ma r Irl TITLE: APPROVAL OF PROPOSED AMENDMENTS TO ARTICLE VI, SECTION 2 AND ARTICLE VII, SECTION 16 OF THE BYLAWS OF THE LEAGUE OF CALIFORNIA CITIES RECOMMENDATION: Approve and direct the Council's League of California Cities delegate to complete and submit a ballot reflecting the City's support of the proposed amendments. FISCAL IMPACT: None. BACKGROUND 1 DISCUSSION: In February 2013, the Board of Directors of the League of California Cities approved two proposed amendments to the organization's bylaws for a vote by the membership. The proposals are as follows: Amendment to Article Vi, Section 2 - Any resolution submitted to the League of California Cities for presentation to the membership (General Assembly) must be concurred in by five or more cities or by officials from five or more cities. The Board has proposed this amendment to encourage broad consensus that the proposed resolution is substantial and of broad interest and importance to members. 2. Addition of Article VII Section 16 - The League Board may take a position on a statewide ballot measure by a 2/3d vote of those Directors present. Currently, the Board may take positions with a simple majority vote. The Board has proposed this amendment to ensure the Board's final decisions on potentially controversial ballot measures are carefully considered and representative of a broad consensus of the Directors. Because these proposed amendments are designed to protect the interests of all members and prevent the agendas of individual or specific cities from shaping statewide League policy, staff recommends the Council support the proposed amendments. Should the Council concur with this recommendation, the City's Council - appointed delegate to the League of California Cities shall complete and submit the attached ballot with a "yes" vote. Pre Ryan M101n, Assistant to the City Manager Attachment's: 1. League of Cities Letter, Proposed Resolution, and Ballot 1400 K STREET SACRAMENTO, CA 95814 ra: (916) 658-8200 Ex: (916) 658-8240 March 5, 2013 To: League Membership From: Chris McKenzie, Executive Director Re: Proposed Amendments to League Bylaws ' TAVW.CACTTIEs.ORG At its February meeting, the League's Board of Directors approved submitting two amendments to the League's Bylaws to the membership. The proposed amendments would amend the Bylaws to provide that: I. Resolutions submitted to the League for presentation to the General Assembly must be concurred in by at least five or more cities or by city officials from at least five or more cities. 2. The League Board may take a position on a statewide ballot measure by a 2/3 rd vote of those Directors present. Currently, the Board may take positions with a simple majority vote. The Board's purpose in submitting the first proposed amendment is to encourage members to seek concurrence of other cities and city officials that the subj ect of a proposed resolution is a substantial one and of broad interest and importance to cities. The Board's purpose in submitting the second proposed amendment is to ensure that when the Board considers a position on possibly controversial statewide ballot measures, the Board's ultimate decision represents a broad consensus of the Directors. The language of the proposed amendments is provided in the attached Resolution. To be approved, the Bylaws require each amendment must receive a 2/3`1 vote of those members voting. To consult the League's Bylaws: go to wlvw.cacities.org. The link is at the bottom of the page. As provided in the League's Bylaws, the Board of Directors is submitting these amendments to the membership for approval by mail ballot. Please return the enclosed ballot, signed by an authorized city official, by April 19, 2013. Ballots may be submitted by email to: ballots@eaeities.org. By mail to: League of California Cities Attn: Ballots 1400 K Street, 4a' Floor Sacramento, CA 95814 Or by fax to: (916) 6588240 Thank you for your attention to this important matter concerning the League's governance. If you have questions, please direct them to Patrick Whitnell, General Counsel at pwhitnell@cacities. org. O GCRf- 636-M PROPOSED RESOLUTION RELATING TO LEAGUE BYLAWS AMENDMENTS WHEREAS, the League of California Cities is a nonprofit mutual benefit corporation under California law and, as such, is governed by corporate bylaws; and WHEREAS, the League's Board of Directors periodically reviews the League's bylaws for issues of clarity, practicality, compliance with current laws, and responsiveness to membership interests; and WHEREAS, the League Board of Directors at its February 7-8, 2013 meeting approved submitting the following amendments to the League's bylaws to the League's membership by mailed ballot: 1. Article VI, section 2 of the League's bylaws is amended to read as follows: "Resolutions may originate from city officials, city councils, regional divisions, functional departments, policy committees, or the League Board or by being included in a petition signed by designated voting delegates of ten percent of the number of Member Cities. Except for petitioned resolutions, all other resolutions must be submitted to the League with documentation that at least five or more cities, or city officials from at least five or more cities have concurred in the resolution." 2. A new Article VII, section 16 is added to the League's bylaws to read as follows: "Section 16: Positions on Statewide Ballot Measures. Notwithstanding any other provision of these bylaws, the League Board mqy take a position on a statewide ballot measure by a 2/3`d vote of those Directors present." Now, therefore, be it RESOLVED, that the League Board of Directors at its April 24-25, 2013 meeting in Sacramento, California, after a canvass of mailed ballots, has determined that the above amendments to the League bylaws have been approved by a 2/3rd vote of those Member Cities voting. These amendments shall take effect 60 days after the approval of this resolution. 111111111 Ballot on Bylaws Amendments City of Does your city vote to approve the amendment of article VI, section 2 of the League's bylaws relating to submission of resolutions to the League's General Assembly as set forth in the Proposed Resolution and incorporated by reference in this ballot? © Yes ❑ No Does your city vote to approve the addition of article VII, section 16 to the League's bylaws relating to the League Board vote threshold for taking positions on statewide ballot measures as set forth in the Proposed Resolution and incorporated by reference in this ballot? ❑ Yes o No Ballot returned by: City Official Name City Official Title Please return this ballot by April 19, 2013 to: League of California Cities Attn: Ballots 1400 K Street, 4t" Floor Sacramento, CA 95814 or by email to: ballots@cacities.ora or by fax to: (916) 658-8240 Thanks in advance for your participation in this important decision. 1400 K STRaT $AciL-&N m'o, CA 95814 PH: (916) 658-8200 rx: (916) 658-8240 March 5, 2013 To: League Membership From: Chris McKenzie, Executive Director Re: Proposed Amendments to League Bylaws At its February meeting, the League's Board of Directors approved submitting two amendments to the League's Bylaws to the membership. The proposed amendments would amend the Bylaws to provide that: 1. Resolutions submitted to the League for presentation to the General Assembly roust be concurred in by at least five or more cities or by city officials from at least five or more cities. 2. The League Board may take a position on a statewide ballot measure by a 2/3rd vote of those Directors present. Currently, the Board may take positions with a simple majority vote. The Board's purpose in submitting the first proposed amendment is to encourage members to seek concurrence of other cities and city officials that the subject of a proposed resolution is a substantial one and of broad interest and importance to cities. The Board's purpose in submitting the second proposed amendment is to ensure that when the Board considers a position on possibly controversial statewide ballot measures, the Board's ultimate decision represents a broad consensus of the Directors. The language of the proposed amendments is provided in the attached Resolution. To be approved, the BylauTs require each amendment must receive a 2/3'-0 vote of those members voting. To consult the League's Bylaws: go to www.caeities.or . The link is at the bottom of the page. As provided in the League's Bylaws, the Board of Directors is submitting these amendments to the membership for approval by mail ballot. Please return the enclosed ballot, signed by an authorized city official, by April 1.9, 2013. Ballots may be submitted by email to: ballots@cacities.org. By mail to: League of California Cities Attn: Ballots 1400 K Street, 41h Floor Sacramento, CA 95814 Or by fax to: (916) 658-8240 Thank you for your attention to this important matter concerning the League's governance. If you have questions, please direct them to Patrick Whitnell, General Counsel at pwhitnell@cacities.org. C -EG� 539-M PROPOSED RESOLUTION RELATING TO LEAGUE BYLAWS AMENDMENTS WHEREAS, the League of California Cities is a nonprofit mutual benefit corporation under California law and, as such, is governed by corporate bylaws; and WHEREAS, the League's Board of Directors periodically reviews the League's bylaws for issues of clarity, practicality, compliance with current laws, and responsiveness to membership interests; and WHEREAS, the League Board of Directors at its February 7-8, 2013 meeting approved submitting the following amendments to the League's bylaws to the League's membership by mailed ballot: 1. Article VI, section 2 of the League's bylaws is amended to read as follows: "Resolutions may originate from city officials, city councils, regional divisions, functional departments, policy committees, or the League Board or by being included in a petition signed by designated voting delegates of ten percent of the number of Member Cities. Except for petitioned resolutions, all other resolutions must be submitted to the League with documentation that at least five or more cities or city officials from at least five or more cities, have concurred in the resolution." 2. A new Article VII, section 16 is added to the League's bylaws to read as follows: "Section 16: Positions on Statewide Ballot Measures. Notwithstanding any other provision of these b laws the Lea ue Board may take a position on a statewide ballot measure by a 2131d vote of those Directors present." Now, therefore, be it RESOLVED, that the League Board of Directors at its April 24-25, 2013 meeting in Sacramento, California, after a canvass of mailed ballots, has determined that the above amendments to the League bylaws have been approved by a 2/3�d vote of those Member Cities voting. These amendments shall take effect 60 days after the approval of this resolution. IIIIIIIII Agenda # ___ Meeting Date April 16, 2013 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: James DeStefano, City Man g TITLE: Authorize the City Manager to approve Amendment No. 1 to the Professional Services Agreement with SJC 3 Consultants in the amount of $10,000 for a not to exceed amount of $30,000 to administer the City's Home Improvement Program (HIP). RECOMMENDATION: Approve FINANCIAL IMPACT: The FY 2012-13 CDBG Program Budget includes a $150,000 allocation to the City's Home Improvement Program (HIP). Per Community Development Block Grants (CDBG) guidelines, the maximum amount available for administrative costs is 20% of the HIP program budget ($30,000). BACKGROUND: The purpose of the Home lmprovement Program is to preserve and enhance single family residential neighborhoods throughout the City. Through the provision of grants and loans, eligible homeowners of single family detached dwellings can correct hazardous structural conditions; make modifications necessary to provide handicapped access; improve the overall exterior appearance of the home; and correct exterior code violations. Individuals must meet the County's guidelines for low or moderate income to be eligible to participate in the program Eligible participants may apply for grants of up to $5,000 and deferred loans of up to $10,000 for repairs to owner -occupied homes. In addition, emergency grants of up to $2,000 are available on an as needed basis. DISCUSSION In July 2012 the City entered into a three-year agreement with SJC3 Consulting (SJC3) to administer the Program for an amount not to exceed $20,000 annually. Prior to the award of contract, the City solicited proposals to provide these services. At the time the services were solicited, the anticipated budget for HIP was $100,000. Per CDBG the maximum administrative costs for a $100,000 budget is $20,000. However, as mentioned above, the actual budget for the City's Home Improvement Program is $150,000. This increased budget amount results in additional applications being processed which results in additional program management costs. The increased program management cost of $30,000 is within the 20% allowable costs and will be funded completely by CDBG funds. The program administration requires SJC3 to review applications for funding from interested Diamond Bar residents, request and review financial information for persons that may qualify, determine the eligibility of program participants, conduct home inspections, draft construction programs, review contractor bids, award construction contracts, and process funding requests for completed projects. PREPARED BY: David Doyle, XsV. 421ty Manager Attachment AMENDMENT NO. 1 TO THE FY 2012-13 CONSULTING SERVICES AGREEMENT WITH SJC3 CONSULTING FOR MANAGEMENT ANDADMINISTRATION OF THE CITY'S HOME IMPROVEMENT PROGRAM (HIP) FUNDED THROUGH FEDERAL CDBG FUNDS This Amendment to the Consulting Services Agreement is made and entered into this 16th day of April 2013 , between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and SJC 3 CONSULTANTS (hereinafter referred to as "CONSULTANT".) A. Recitals: (i) The CITY has heretofore entered into an agreement, dated July 17, 2012, with CONSULTANT to provide planning consulting services (hereinafter referred to as the "AGREEMENT".) (ii) The AGREEMENT specifies that it is for services with a cost not -to -exceed $20,000 for FY 2009-10 (iii) It is in the City's best interest to amend the AGREEMENT to increase the not -to - exceed amount for the services in order to ensure consistency and continuity of the services already being provided by CONSULTANT and to allow the expenditure of additional HIP funds to needy community members.. NOW THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: Paragraph No. 3 of the AGREEMENT is hereby amended to read as follows: 3. COMPENSATION AND METHOD OF PAYMENT The services to be completed under this Agreement shall be compensated in accordance with the Schedule of Hourly Billing Rates set forth in Exhibit °A" with a not to exceed maximum of $ 30,000 in Community Development Block Grant (CDBG) funds for the services performed for FY 2012-13 Section 2: Each party to this Amendment acknowledges that no representation by any party, which is not embodied herein, or any other agreement, statement, or promise not contained in this Amendment shall be valid and binding. Any modification of this Amendment shall be effective only if it is in writing signed by the parties. Section 3: All other terms and conditions of the AGREEMENT shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment No, 1 as of the day and year first set forth above: City Of Diamond Bar M. James DeStefano, City Manager ATTEST Tommye Cribbins, City Clerk 2 SJC 3 Consulting Regina Collins, Principal CIT )F s Pi I 98 VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: r.ITY (;i FRK ATE: PHONE: ORGANIZATION: AGENDA#ISUBJECT: 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. o S' atuVe This document is a public record subject to disclosure under the Public Records Act. COT c Oaf',A,1T 7 . VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK L (,—E f4 S DATE: I 3 FROM:/ ADDRESS:I� is - PHONE: ' 03 f ORGANIZATION: � � � �a � � �,�' v �� .�%r4.�AiL `t"A AGENDA#ISUBJECT: 7_ ,A -Au N L_ F U-1) [),A 0 Im I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. __J 0 Signature This document is a public record subject to disclosure under the Public Records Act.