HomeMy WebLinkAbout06/21/16 Minutes - Regular MeetingMINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
JUNE 21, 2016
CLOSED SESSION: 5:00 P.M., Room CC -8
Public Comments on Closed Session Agenda — None.
110Conference with Real Property Negotiators Pursuant to Government Code
Section 54956.8.
Property: A Portion of Assessors Parcel Number 8719-007-922 and
Old Brea Canyon Road
City Negotiator: James DeStefano, City Manager
Negotiating Parties: City of Diamond Bar and City of Industry
Under Negotiation: Price and Terms of Payment
Recessed Closed Session: 6:20 p.m.
CALL TO ORDER: Mayor Lyons called the Regular City Council
Mmeeting to order at 6:33 p.m. in the South Coast Air Quality Management
District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, CA.
CM/DeStefano reported that tonight's Closed Session consisted of one item as listed in
the agenda and the meeting concluded with no action taken by the City Council.
PLEDGE OF ALLEGIANCE: Community Services Director Bob Rose led the
Pledge of Allegiance.
INVOCATION: Monsignor James Loughnane, St. Denis Catholic
Church provided the invocation.
ROLL CALL: Council Members Herrera, Tye, Mayor Pro Tem Lin
and Mayor Lyons.
Absent: Council Member Low was excused.
Staff Present: James DeStefano, City Manager; David DeBerry, City
Attorney; Ryan McLean, Deputy City Manager; David Liu, Public Works Director; Greg
Gubman, Community Development Director; Bob Rose, Community Services Director;
Dianna Honeywell, Finance Director; Amy Haug, Human Resources Manager; Marsha
Roa, Public Information Manager; Kimberly Young, Senior Civil Engineer; Grace Lee,
Senior Planner; Anthony Santos, Senior Management Analyst; Alpha Lopez,
Management Analyst; and Tommye Cribbins, City Clerk.
APPROVAL OF AGENDA: As Presented.
JUNE 21, 2016 PAGE 2 CITY COUNCIL
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 M/Lyons and the City Council presented a City Tile to Bob Rose,
Community Services Director, upon his retirement from the City of
Diamond Bar following 24 continuous years of service to the community.
1.2 M/Lyons proclaimed July 2016 Parks and Recreation Month and
presented the Proclamation to Dave Grundy, Chairman, Parks and
Recreation Commission.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
CM/DeStefano said he only became aware this evening that CSD/Rose was
responsible for C/Tye, which may have changed some things over the years.
Not only is CSD/Rose leaving Diamond Bar after 24 years of service, as he is
moving on to the next chapter, he is capping an over 40 -year professional
service tenure to the public in various cities, primarily in Diamond Bar. Bob
talked about being in community services and the field of parks and recreation.
In the cities Bob worked in including Santa Ana, Brea and Diamond Bar, he has
had an opportunity to weigh in and enrich lives of all who live and work in those
communities, all of whom utilize the parks and recreation programs, facilities,
open space, recreational amenities, community centers, programs offered for
residents, businesses and special events. CM/DeStefano said he believed there
was not a single piece of park property in Diamond Bar that Bob has not walked
and literally touched and worked on in some capacity, whether it was a small
rehabilitation project or the creation of several new parks in this community.
Also, Bob has been the champion of a variety of Master Plans that included the
Parks Master Plan, Trails, Youth, Bikeway Program, etc. Part of the legacy Bob
leaves in Diamond Bar and to his profession is not only those physical
improvements he has made to the community that have been enjoyed by
residents for many years, but those that will be enjoyed for many years in the
future. Through his role in Diamond Bar, Bob has basically been involved in
hiring every park employee that is presently working with the City and many who
have gone on to leadership positions in other cities. Bob has hired great people
who have hired great people who have cared deeply for the community and who
have worked really hard for Diamond Bar. They are all passionate professionals
and that comes from the top. Everyone applauds Bob who is retiring and moving
on and the City thanks him for all of his efforts. There will be a celebration for
Bob later this week. As Ron Everett would say, a career well -served and well-
deserved and we thank Bob very, very much.
3. PUBLIC COMMENTS:
Pui-Ching Ho, Diamond Bar Library Librarian, spoke about upcoming library
events including a presentation on the Zika Virus: What You Need to Know on
June 22 at 6:00 p.m.; a Family Fitness workshop on Saturday, June 25 at 2:00
p.m. co-sponsored by the Diamond Bar Friends of the Library; and, DJ 101
JUNE 21, 2016 PAGE 3 CITY COUNCIL
workshop for teens on Tuesday, January 28 at 2:00 p.m. sponsored by the
Diamond Bar Friends of the Library. For additional information and events,
please check the website at www.colapublib.org
Audrey Flores, summer intern for Waste Management, is a 17 year old senior at
Baldwin Park High School. She is excited to be working with Waste
Management and helping educate the community about recycling. Some of what
is collected from residents is household hazardous waste through the "At Your
Door" program which is an approved provider of the Paint Care Program which
was created by paint manufacturers throughout the US as a stewardship
program encouraging proper disposal of unwanted paint so that it can be
recycled. Whenever Diamond Bar residents schedule a Household Hazardous
Waste pickup through this program, the amount of $.35 cents to $1.60 is
reimbursed to the City through the program. On behalf of Waste Management,
she awarded the City of Diamond Bar a Paint Care reimbursement check for the
4th quarter of 2015 in the amount of $810.52 for a grand total reimbursement for
2015 of $2,916.09.
3. RESPONSE TO PUBLIC COMMENTS: None
4. SCHEDULE OF FUTURE EVENTS:
5.1 Concerts in the Park — June 22, 2016 — 6:30 p.m. to 8:30 p.m. Upstream
(Caribbean), Sycamore Canyon Park, 22930 Golden Springs Drive.
5.2 Movies Under the Stars — Goosebumps — June 22, 2016 — Immediately
following the Concert, Sycamore Canyon Park, 22930 Golden Springs
Drive.
5.3 Parks and Recreation Commission Meeting — June 23, 2016 — 7:00 p.m.,
Windmill Community Room, 21810 Copley Drive
5.4 Planning Commission Meeting — June 28, 2016 — 7:00 p.m., Windmill
Community Room, 21810 Copley Drive,
5.5 Concerts in the Park — June 29, 2016 — 6:30 p.m. — 8:00 p.m. — Stone
Soul (Soul), Sycamore Canyon Park, 22930 Golden Springs Drive.
5.6 Movies Under the Stars — Cinderella (2015) — June 29, 2016 —
Immediately following the Concert — Sycamore Canyon Park, 22930
Golden Springs Drive.
5.7 Independence Holiday — July 4, 2016 — City Offices Closed Monday, July
4, 2016. City Offices reopen Tuesday, July 5, 2016 at 7:30 a.m.
5.8 4th of July Blast — July 4, 2016 — 5:00 p.m. to 9:00 p.m. — Diamond Bar
High School, 21400 Pathfinder Road, Cold Duck will perform.
JUNE 21, 2016 —PAGE 4 CITY COUNCIL
5.9 City Council Meeting — July 5, 2016 — 6:30 p.m., AQMD/Government
Center Auditorium, 21865 Copley Drive. (Canceled in accordance with
approved Consent Calendar Item 6.6)
5.10 Planning Commission Meeting — July 12, 2016 — 7:00 p.m., Windmill
Community Room, 21810 Copley Drive.
5.11 Concerts in the Park — July 13, 2016 — 6:30 p.m. to 8:00 p.m. — Saved by
the Band (90's Pop/Rock) — Sycamore Canyon Park, 22930 Golden
Springs Drive.
5.12 Movies Under the Stars — July 13, 2016 — Hotel Transylvania 2 —
Immediately following the Concert — Sycamore Canyon Park, 22930
Golden Springs Drive.
5.13 Traffic and Transportation Commission — July 14, 2016 — 7:00 p.m.,
Windmill Community Room, 21810 Copley Drive.
5.14 City Council Meeting — July 19, 2016 — 7:00 p.m., AQMD/Government
Center Auditorium, 21865 Copley Drive.
6. CONSENT CALENDAR: MPT/Lin moved, C/Herrera seconded, to approve the
Consent Calendar with the exception of Items 6.8 and 6.13 pulled by M/Lyons;
and, MPT/Lin abstaining from consideration of Item 6.4, two checks payable to
KOA Corporation Check No. 116661 for $1,550 and Check No. 116754 for
$2,095, because he is President of the corporation. Motion carried by the
following Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, Tye, MPT/Lin, M/Lyons
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Low
6.1 WAIVE READING IN FULL OF ALL ORDINANCES AND RESOLUTIONS
AND ADOPT THE CONSENT CALENDAR.
6.2 APPROVED CITY COUNCIL MINUTES:
6.2.1 Study Session of June 7, 2016 — as presented.
6.2.2 Regular Meeting of June 7, 2016 — as presented.
6.3 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION
COMMISSION MINUTES for the Regular Meeting of May 12, 2016.
6.4 RATIFIED CHECK REGISTER — Dated June 2, 2016 through June 15,
2016 totaling $1,633,765.77.
JUNE 21, 2016 PAGE 5 CITY COUNCIL
6.5 APPROVED TWO-YEAR AGREEMENT (FY2016-18) WITH ONLINE
TRANSCRIPTION SERVICES IN THE AMOUNT NOT -TO -EXCEED
$25,000 PER YEAR TO PROVIDE MINUTE SECRETARIAL SERVICES
FOR THE CITY COUNCIL, COMMISSION AND COMMITTEES.
6.6 APPROVED ADJOURNING THE CITY COUNCIL MEETING OF JULY 5,
2016 TO JULY 19, 2016.
6.7 APPROVED ONE YEAR CONSULTING SERVICES AGREEMENT WITH
DIANA CHO AND ASSOCIATES FOR COMMUNITY DEVELOPMENT
BLOCK GRANT (CDBG) LABOR AND CONTRACT COMPLIANCE
SERVICES IN THE AMOUNT OF $20,284 FOR FY 2016-17.
6.9 APPROVED SECOND AMENDMENT TO THE CONSULTING SERVICES
AGREEMENT WITH SYTECH SOLUTIONS, INC. EXTENDING THE
CONTRACT TERM THROUGH JUNE 30, 2017 AT A COST OF $60,000
FOR A TOTAL NOT -TO -EXCEED AMOUNT OF $200,000.
6.10 (a) AWARDED CONSTRUCTION ADMINISTRATION SERVICES
CONTRACT TO ONWARD ENGINEERING FOR THE DIAMOND BAR
BOULEVARD AND BREA CANYON ROAD INTERSECTION
ENHANCEMENT PROJECT, CITY PROJECT NO. 26315, IN THE
AMOUNT OF $71,600, PLUS A CONTINGENCY AMOUNT OF $7,100
FOR A TOTAL AUTHORIZATION OF $78,700.
(b) ADOPTED RESOLUTION NO. 2016-21: APPROVING PLANS
AND SPECIFICATIONS AND ESTABLISHING A PROJECT PAYMENT
ACCOUNT AND AWARD OF CONTRACT FOR THE CONSTRUCTION
OF DIAMOND BAR BOULEVARD/BREA CANYON ROAD
INTERSECTION ENHANCEMENT PROJECT TO BEADOR
CONSTRUCTION COMPANY, INC., IN THE AMOUNT OF $436,700;
PLUS A CONTINGENCY AMOUNT OF $43,670 FOR A TOTAL
AUTHORIZATION OF $480,370.
(c) APPROVED INFRASTRUCTURE AND PAYMENT AGREEMENT
WITH LENNAR HOMES OF CALIFORNIA, INC. FOR THE
CONSTRUCTION OF DIAMOND BAR BOULEVARD/BREA CANYON
ROAD INTERSECTION EHANCEMENT PROJECT.
6.11 APPROVED FIRST AMENDMENT TO THE CONSULTANT SERVICES
AGREEMENT AUTHORIZING SJC3 FOR CONSULTING INC. TO
ADMINISTER THE CITY'S HOME IMPROVEMENT PROGRAM (HIP)
FOR AN AMOUNT NOT -TO -EXCEED $20,000 FOR FY 2016-17.
JUNE 21, 2016 PAGE 6 CITY COUNCIL
6.12 APPROPRIATED $12,000 OF PROP C FUND RESERVES TO THE FY
2015-16 CAPITAL IMPROVEMENT PROGRAM BUDGET, APPROVED
CONTRACT AMENDMENT NO. 2 TO THE CONSTRUCTION
AGREEMENT WITH ALL AMERICAN ASPHALT INCREASING THE
TOTAL CONTRACT AMOUNT TO $2,369,900 AND APPROVED THE
NOTICE OF COMPLETION FOR THE CONSTRUCTION OF THE
GRAND AVENUE BEAUTIFICATION PROJECT, FEDERAL PROJECT
#HPLUL-545(016).
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.8 APPROVED FIRST AMENDMENT TO THE CONTRACT WITH R.F.
DICKSON COMPANY, INC., TO PROVIDE STREET SWEEPING
SERVICES AND NEW COMPOSTING PROGRAM FOR A NOT -TO -
EXCEED AMOUNT OF $190,000.
M/Lyons said it was interesting to see that the City would be beginning a
composting program and asked for additional information on this item in
order to consider whether or not to approve the item.
PWD/Liu stated that with the passage of AB939 the State established a
mandate that all local jurisdictions must begin looking at diverting their
solid waste. The goal for the current diversion rate is 50 percent. Going
forward, State of California requirements will mandate a 75 percent
diversion goal. The composting program was in effect for 10 years with
the current service provider R.F. Dickson and during that time learned that
due to different ways of transporting, landfill costs, etc. that the cost -
benefit of the program was relatively low and staff determined that while
waiting to understand what will happen with the franchise agreements
going forward. Ten years ago the franchise agreements were entered into
with the two current solid waste service providers Waste Management and
Valley Vista Services. As a result of the agreements, the City began
collecting street sweeping fees that result from Waste Management. Staff
looked at a multitude of options for source reduction for recycling and
repurposing.
In 2011 the City went through an RFP process for street sweeping
services only. At that time the City purposely did not include the
composting program because in order to compare apples to apples the
City wanted to make sure the responders were interested in providing
street sweeping services. In speaking with other jurisdictions, staff
discovered that they began looking at combining street sweeping services
with solid waste and composting. In 2011, through the RFP process,
Dickson decided that they wanted to remain competitive and provided a
very competitive rate of $11.85. Prior to 2011 their rate was almost $14.
With Waste Management the diversion rate would be only about 44-45
percent. Citywide, Diamond Bar is over the 50 percent goal. With
JUNE 21, 2016 PAGE 7 CITY COUNCIL
Dickson, the City had the provision to extend the contract up to five years
and knowing that within the next year other opportunities will be reviewed
with Valley Vista and Waste Management staff felt that it would be
preferable to continue working with Dickson on the composting program to
take advantage of additional diversion points of up to 3 points which is
significant because it gets the City closer to the 50 percent diversion rate.
Within the next month, through negotiations with both waste haulers there
will be an opportunity to consider bundling services as part of the overall
solid waste contracts.
CM/DeStefano stated that in lieu of taking this material to the landfill in the
City of Industry, staff wants to take the more organic waste to a
composting facility that is located in Anaheim where it would be recycled
which costs more because it is difficult material to process and handle and
the transportation costs are greater. However, the reward for the City is
higher because of the environmental benefits as well as those the City
receives locally. The cost for this is an additional $54,000, which is paid
by waste hauler fees that are already being collected (AB939 fees in the
budget). This will allow the City to try something different because it
benefits the City and, while it creates a larger contract with this provider, it
is a cost that is not directly borne by the City through its General Fund but
is paid for by waste hauler fees that are already being collected.
6.13 APPROVED A TWO-YEAR AGREEMENT WITH INLAND VALLEY
HUMANE SOCIETY -SPCA (]VHS) TO PROVIDE ANIMAL CARE AND
CONTROL SERVICES STARTING JULY 1, 2016, THROUGH JUNE 30,
2018, IN THE AMOUNT OF $160,000 ANNUALLY, PLUS A CPI NOT -TO -
EXCEED 5% COMMENCING FY 2017-18.
M/Lyons asked for more information regarding the reason for the increase
in fees.
SMA/Santos stated that animal control is an essential component of the
City's Public Safety services. ]VHS provides cost-effective professional
and responsive service. Their facility is located about a mile outside of the
City's boundaries in Pomona which provides accessibility to residents.
IVHS provided the City with a very cost-effective, restructure going back to
2008-09 and prior to that ]VHS provided services at the cost of
approximately $120,000 a year. Those costs have increased by CPI over
time. However, during the recessionary period IVHS kept their rates
artificially low because they understood the issues municipalities were
dealing with. Recently, IVHS approached all contract cities whose
contracts were up for renegotiation to talk about the true costs for services
which for Diamond Bar for the upcoming Fiscal Year 2016-17 is $352,000
from which the revenue will be deducted at a guarantee of not -to -exceed
cost of $160,000 annually. While $160,000 is higher it is the true cost of
providing services in Diamond Bar.
JUNE 21, 2016 PAGE 8 CITY COUNCIL
M/Lyons moved, C/Herrera seconded, to approve Consent Calendar Items
6.8 and 6.13. Motion carried by the following Roll Call vote:
AYES:
COUNCIL MEMBERS:
Herrera, Tye, MPT/Lin, M/Lyons
NOES:
COUNCIL MEMBERS:
None
ABSENT:
COUNCIL MEMBERS:
Low
7. PUBLIC HEARINGS: None
7.1 LIGHTING AND LANDSCAPE DISTRICTS 38, 39 AND 41.
a) ADOPT RESOLUTION NO. 2016-22: LEVYING AN ASSESSMENT
ON LANDSCAPING ASSESSMENT DISTRICT NO. 38 FOR FISCAL
YEAR 2016-17.
b) ADOOPT RESOLUTION NO. 2016-23: LEVYING AN ASSESSMENT
ON LANDSCAPING ASSESSMENT DISTRICT NO. 39 FOR FISCAL
YEAR 2016-17.
c) ADOPT RESOLUTION NO. 2016-24: LEVYING AN ASSESSMENT
ON LANDSCAPING ASSESSMENT DISTRICT NO. 41 FOR FISCAL
YEAR 2016-17.
CM/DeStefano stated that this is a Public Hearing matter and staff
recommends that the City Council conduct one Public Hearing for all three
items and take separate votes for each of the three districts.
PWD/Liu stated that for District No. 38, the proposed levy rate of $15 per
parcel remains the same as the rate applied at the date of Diamond Bar's
incorporation in 1989. For Fiscal Year 2016-17 the District would
generate $269,025 in assessment revenue. The total annual budget for
District No. 38 is $386,278 and as a result, $117,253 of the City's General
Fund will subsidize the operation and maintenance costs for this citywide
district. Landscape improvements for District 38 include the parkways and
the medians throughout the city. The total maintenance area is slightly
more than 10 acres and the estimated number of parcels within the district
is 17,935. Staff recommends that the assessment amount of $15 for each
accessible lot within this district be confirmed by adopting the Resolution
levying an assessment for FY 2016-17.
For District No. 39, the proposed levy rate of $236 per parcel remains the
same as the rate applied at the date of formation of the District prior to
Diamond Bar's incorporation. For Fiscal Year 2016-17 the District would
generate a total of $295,236 in assessment revenue. The total annual
budget for District No. 39 is $295,236 and as a result there are sufficient
funds for maintenance and continue with improvements within this district.
JUNE 21, 2016 PAGE 9 CITY COUNCIL
At the end of the next fiscal year there will be a fund balance of $30,000 in
this District which indicates improvement. The landscape improvements
to be maintained by District No. 39 are the mini parks, slopes and open
space areas with a total maintenance area. of slightly more than 60 acres.
The estimated number of parcels within District No. 39 is 1,251. Staff
recommends that the City Council adopt the Resolution levying an
assessment for $236 for each accessible lot for FY 2016-17.
For District No. 41, the levy rate of $220.50 per parcel remains the same
as the rate applied at the date of Diamond Bar's incorporation. For Fiscal
Year 2016-17, the District would generate $122,157 in assessment
revenue. The total annual budget for District No. 41 is $209,170, and as a
result, money will be taken from the General Fund ($82,013) and
Proposition A "Safe Parks Act" ($5,000) to subsidize the operations and
maintenance costs. Landscape improvements to be maintained by District
No. 41 are mostly the slopes and open space areas for a total maintained
area of almost 16 acres. The estimated number of parcels within the
District is 554 parcels. Staff recommends that the assessment amount of
$220.50 for each accessible lot within District No. 41 be confirmed and
that the Resolution levying the assessment for FY 2016-17 be adopted by
the City Council
M/Lyons opened the Public Hearing at 7:28 p.m.
With no one present who wished to speak on this matter, M/Lyons closed
the Public Hearing at 7:29 p.m.
C/Herrera moved, C/Tye seconded to Adopt Resolution No. 2016-22 for
Assessment District No. 38. Motion carried by the following Roll Call vote:
AYES:
COUNCIL MEMBERS
NOES:.
COUNCIL MEMBERS
ABSENT:
COUNCIL MEMBERS
Herrera, Tye, MPT/Lin, M/Lyons
None
Low
C/Herrera moved, C/Tye seconded to Adopt Resolution No. 2016-23 for
Assessment District No. 39. Motion carried by the following Roll Call vote:
AYES:
COUNCIL MEMBERS:
Herrera, Tye, M/Lyons
NOES:
COUNCIL MEMBERS:
None
ABSTAIN:
COUNCIL MEMBERS:
MPT/Lin"
ABSENT:
COUNCIL MEMBERS:
Low
*MPT/Lin disclosed that he lives within 500 feet of the boundary of District
No. 39 and was advised by the City Attorney that he should abstain from
voting on this item.
JUNE 21, 2016 PAGE 10 CITY COUNCIL
C/Herrera moved, C/Tye seconded, to Adopt Resolution No. 2016-24 for
Assessment District No. 41. Motion carried by the following Roll Call vote:
AYES:
COUNCIL MEMBERS:
Herrera, Tye, MPT/Lin, M/Lyons
NOES:
COUNCIL MEMBERS:
None
ABSENT:
COUNCIL MEMBERS:
Low
8. COUNCIL CONSIDERATION:
8.1 AWARD OF CONSULTING SERVICES AGREEMENT WITH DYETT &
BHATIA TO PREPARE THE CITY'S COMPREHENSIVE GENERAL
PLAN UPDATE FOR A NOT -TO -EXCEED AMOUNT OF $1,009,303.
CM/DeStefano stated that in the mid 90's Diamond Bar embarked upon
the journey to develop the General Plan. After some struggle with new
leadership and a newly incorporated city the General Plan was adopted in
July 1995. Some 21 years later, the City, through its past and present
leadership has accomplished at least 90 percent or more of all of its goals,
objectives, policies and strategies that were called out in that 1995
General Plan. It is very appropriate for the City Council to look forward at
this time and to consider approval of a contract for a comprehensive
General Plan update. The City Council began setting aside resources for
this effort a few years ago and added additional resources in the recently
adopted budget. Staff has sought proposals and are ready to recommend
an award of contract to the City Council this evening. A contract would
normally be a somewhat typical business statement by the City Council
and typically found on the Consent Calendar. However, this is one of the
largest consulting service contracts that the City has issued in its history
and it is very important. He asked CDD/Gubman to provide the City
Council with background about why it is important to move forward with
this Comprehensive General Plan Update and the consulting company
being recommended for award tonight.
CDD/Gubman stated that tonight staff is recommending that the City
Council approve a Consulting Services Agreement with the planning firm
Dyett and Bhatia to prepare Diamond Bar's Comprehensive General Plan
Update. Because of the significance and the long term nature of this
undertaking, there are a number of topics that will be covered in this
presentation. He provided an overview of the consultant selection
process, a summary of the entire project scope, an introduction to the
proposed consulting team whose contract is being recommended for
Council approval, and concluded by outlining the proposed Community
Outreach Program and introducing the project manager for this
undertaking.
JUNE 21, 2016 PAGE 11 CITY COUNCIL
CDD/Gubman further stated that the typical definitions of what a General
Plan is are as follows. First, State law requires every city and county to
have a General Plan whose purpose is to guide long term growth so that it
occurs in an orderly manner. The General Plan must be a
comprehensive, long-range, internally consistent statement of policies to
be used to guide public decision-making on a variety of matters including
land development, capital improvements and resource conservation.
Some descriptions liken the General Plan to a community's "blueprint" to
guide future planning decisions or, as the "city's constitution."
The General Plan must be updated from time to time in order to maintain
its relevance. Although no timeframe is set for updating a General Plan
other than a mandatory cycle for updating the Housing Element, a 20 -year
cycle is the typical rule -of -thumb. Because the City's first General Plan
was adopted in 1995 the City has reached the appropriate time to revisit
the guiding vision and policy statements expressed in the General Plan
document. At the same time, there are new mandates that need to be
addressed as part of the update process.
Before proposing a General Plan budget or releasing an RFP, staff
surveyed numerous California cities to identify the range and costs and
timeframes to complete a General Plan Update and found that the costs
range between $800,000 and $1.1 million and the timeframes range
between two and one-half to three years.
After completing the survey, staff sent an RFP to nine firms that staff
believed are the most reputable in the state. Staff received proposals
from two firms, Dyett & Bhatia and Moore, lacofano and Goltsman (MIG).
The proposed budgets came in at $877,654 and $971,803 respectively
with timeframes nearly matching staff's earlier survey results. Because
staff was asking that a 15 percent contingency be added to the Consulting
Services Agreement, the total for each firm would have amounted to
$1,009,303 for Dyett & Bhatia and $1,117,573 for MIG..
On March 31 a panel comprised of Community Development, Public
Works, Community Services and Public Information staff interviewed both
firms and the consensus was that Dyett & Bhatia was the best fit for
Diamond Bar based on the combined factors of their proposed budget, a
very detailed proposal tailored to Diamond Bar's unique attributes, and an
overall approach that staff believed would engage the community and be
an excellent project manager and team.
Dyett & Bhatia has been operating for the past 38 years. D&B is a
relatively small firm with 22 employees and a sole office in San Francisco.
The firm focuses on planning, urban design and outreach. Within the last
five years, Dyett & Bhatia has won 12 awards from the American Planning
Association. D&B has prepared General Plans for more than 60 cities and
JUNE 21, 2016 PAGE 12 CITY COUNCIL
counties across the state including more than 20 communities in the past
10 years. The firm is currently leading eight Comprehensive General Plan
Updates throughout the state, primarily in the Bay area and Central Valley
as well as, having recently completed a General Plan update in Carlsbad
and is currently preparing the General Plan for the City of Redlands. Dyett
& Bhatia also has an excellent reputation in preparing zoning regulations.
Current and recent clients for zoning regulations in southern California
include Burbank, Beverly Hills, Los Angeles County, Orange County and
San Gabriel. Their client list includes Portland, Oregon and Honolulu,
Hawaii.
Sophie Martin, AICP, will serve as Project Manager. Ms. Martin is a
partner and principal in charge with the firm. Having a firm principal
managing the project would be a significant benefit to Diamond Bar. Ms.
Martin and her in-house staff will contribute approximately 3,000 of the
5,600 consultant hours estimated to complete this project. D&B will lead
all aspects of the preparation of the General Plan Update and EIR
including preparation and background reports, development of
alternatives, preparation of the General Plan, community outreach,
preparation of meeting summaries and notices and overall project
management.
In order to deliver all work products comprising the project, Dyett & Bhatia
will manage five sub -consultants with expertise in various disciplines.
PCR Services of Irvine will provide technical consulting for the General
Plan Update and EIR. Biological Services Director Steve Nelson will lead
the PCR team in liase directly with D&B, As many are aware, Mr. Nelson
was a long-time Diamond Bar resident and was the City's longest serving
Planning Commissioner (13 'Yz years). Steve brings substantial familiarity
with Diamond Bar and its planning issues.
Arellano Associates in Chino Hills will formulate the public outreach and
communications strategy. Yesenia Arias will serve as the Project
Manager for the public outreach tasks. Ms. Arias is a Diamond Bar
resident.
Fehr & Peers of Anaheim and Los Angeles will prepare the transportation
and mobility analyses for the Circulation Element and EIR. Fehr & Peers
is also one of Diamond Bar's two on-call transportation engineering
consultants and has already performed a variety of special studies for the
City.
Pro Forma Advisors of Redondo Beach will provide market economic
analysis and fiscal impact analyses to support assessment of land use
alternatives and development of the General Plan. Staff has previously
worked with Pro Forma partner Lance Harris on the Market Opportunities
Analysis for the Honda property when he was Associate Director of
JUNE 21, 2016 PAGE 13 CITY COUNCIL
Economics at Aecom Technology Corporation
TKE Engineering in Riverside will evaluate the current and future needs
for major water, sewer and storm drain infrastructures citywide to support
land use alternatives and will provide planning level cost estimates to
assist in the economic and fiscal impact analysis.
Urban Field Studio, San Francisco, will provide urban design services with
an emphasis on strategy and design, conceptual architecture, visual
communication with the public and education about the role of urban
design. Urban Field Studio will create three dimensional modeling of
proto-typical development projects on major opportunity sites and
contribute to the preparation of the proposed Community Character and
Place -Making Element.
Scope of Work: The proposed work plan consists of three phases, eight
tasks and about 50 sub -tasks with a timeframe of about two years, eight
months.
Phase 1: Visioning, Outreach and Issue Identification is the scoping
process where public outreach tools are used to gather the information to
gain the initial policy direction. Phase 1 will also include the formation of
the citizens General Plan Advisory Committee (GPAC). Phase 1 is
anticipated to take six months to complete.
Phase 2: Options and Strategies — three plans will be formulated to
illustrate alternative land use and circulation plans for the City, focused
around opportunity sites identified during Phase 1. The financial
feasibility, infrastructure and other implications of these alternatives will be
tested and the findings will be presented to the GPAC, community
workshop and during the joint Planning Commission and City Council
Study Session. The preferred land use plan will be refined and serve as
the basis for the draft General Plan. Working through Phase 2 is
anticipated to take about 10 months.
Phase 3: Draft General Plan and EIR will be written, circulated and
refined and the team will embark on the final series of GPAC meetings,
community workshops and adoption hearings. This will be the longest
overall phase and is anticipated to take about 16 months to complete.
Phase 4: Future Option - Comprehensive Update of the Zoning Code in
order to implement the new General Plan's Land Use Element. That
project will be about a nine month effort. The Zoning Ordinance update is
not part of this contract recommendation. Staff will revisit this issue closer
to the conclusion of the General Plan Update process.
JUNE 21, 2016 PAGE 14 CITY COUNCIL
COMMUNITY OUTREACH:
The GPAC will be a representative group of community members selected
by the City Council. Staff and the consulting team will establish an
ongoing review and check -ins with the GPAC working through technical
and political issues with the objective of insuring some higher level buy -in
before presenting work products to the Planning Commission and City
Council. Meetings will be held on a regular basis throughout the planning
process. The community outreach program will use eight (8) different
venues to engage the public throughout the General Plan process starting
with stakeholder interviews where representatives of public agencies,
community members, major property owners, business associations,
cultural groups, Planning Commissioners, City Council Members and
others will be interviewed. The objective is to identify important issues
and characteristics of the community upfront early in the process.
The consultant team will build an interactive website which will serve as
the primary web portal for the General Plan. It is anticipated that there will
be about nine (9) GPAC meetings throughout the process and four
community workshops to solicit community feedback at key stages. In
addition, there will be a scoping meeting prior to the preparation of the
EIR.
In addition to the more structured workshop formats, the team will go out
into the community and set up booths at events such as Concerts in the
Park, Winter Snowfest, City Birthday and other community events which
will be known as "Go to Them" meetings. Four (4) newsletters will be
published at key stages throughout the process to keep the community
engaged and informed and up to four (4) press releases will be prepared
in order to give the media an opportunity to publicize the City's efforts.
Throughout the process and generally after a GPAC meeting has taken
place it is anticipated that there will be a total of 13 Planning Commission
and City Council Meetings which would include at least four adoption
hearings.
The Elements (chapters) of the General Plan are as listed below. State
law requires seven mandatory topics to be included in every General Plan
which are
►
Land Use
►
Circulation
IN.
Housing
►
Open Space
►
Conservation
►
Noise and Safety
JUNE 21, 2016 PAGE 15 CITY COUNCIL
These topics are covered in five of the current General Plan's six
elements. The 6th, Public Services and Facilities is an optional Element
that the City elected to incorporate in 1995. Staff proposes to update the
current Elements into the new General Plan while adding additional
optional topics of
► Economic Development
► Community Character and Placemaking
► Health and Sustainability
Additional topics to be addressed in the new General Plan which were not
required in 1995 include
► Climate Action Plan
► Complete Streets Plan
CDD/Gubman concluded his presentation by introducing Sophie Martin,
Project Manager who introduced herself to the City Council.
Sophie Martin, Dyett & Bhatia Urban and Regional Planners, San
Francisco, provided the City Council with background information on her
firm and the firm's perspective on an effort such as this proposed
undertaking. Dyett & Bhatia has been operating for almost 40 years
providing planning services to jurisdictions throughout California and in
some cases, outside of California. Nearly all of the firm's clients are public
sector and their work is really informed by public interest and each of their
projects aims to express the public interest for that individual community.
Dyett & Bhatia is here to listen to the Council and community and to make
sure that the plan that is put in place to guide the community over the next
several decades reflects the unique interest of Diamond Bar. Dyett &
Bhatia specializes in preparing General Plan, Specific Plans, Urban
Design, Zoning Ordinances, Environmental Impact Reports and similar
documents while General Plans are the firm's specialty. Dyett & Bhatia
realizes that this document represents more than just colors on the Land
Use Map — it is, in fact, a document that expresses a community's vision
for how it wants to grow, develop, change and enhance itself over a 20 -
year period. And that really needs to be rooted in what the community's
vision is for itself over that time period. Dyett & Bhatia looks forward to
working with the City Council to hear its vision and priorities and with the
community at large to make sure that Dyett & Bhatia can help the City
craft a policy document that will achieve the City's objectives for all of the
topics previously outlined by CDD/Gubman that contribute to maintaining
and enhancing quality of life overtime.
C/Herrera asked CDD/Gubman why staff received only two RFP
responses from the nine sent out.
JUNE 21, 2016 PAGE 16 CITY COUNCIL
CDD/Gubman responded that perhaps they saw Dyett & Bhatia on the list
and did not bother trying. He said he received a couple of replies thanking
him for the RFP but declining due to their current project caseloads stating
they did not believe they would be able to deliver a work product that was
up to their standards. He understood that one firm, because it has clients
in nearby cities, elected to not submit a proposal out of conflict of interest
concerns.
C/Herrera asked for further explanation of the four (4) Adoption Hearings
CDD/Gubman explained that it is staff's best -guess based on usually
requiring two Planning Commission meetings to get through to the point of
making a recommendation to the City Council and similarly, two City
Council Meetings where usually the first adoption meeting generates
questions that give staff and the consultants homework and then return to
a future Council meeting for further consideration.
C/Herrera asked if the City Council would be asked to provide a first
adoption and a final adoption.
CDD/Gubman responded by advising that the adoption will be by
Resolution. There will be a single action by the City Council to adopt the
General Plan and certify the EIR.
C/Tye said that tonight on the Consent Calendar the Council approved a
Check Register in excess of $1.6 million for operation of the City. And
here, he did not remember where the City would have spent a million
dollars on one item. When he looks at the total items and the number of
firms included for a total of 5600 hours, is it really necessary to do
everything involved? Is there a way to do this less expensively?
CDD/Gubman said the answer would be "yes." The scope of work that
staff defined in the RFP included a number of tasks which the respondents
addressed in their proposals. The scope of work was based on a survey
of a number of cities that staff considers to be Diamond Bar peers in terms
of the quality of life and the demands and expectations of the community.
Because the City is in a financial situation where it has the ability to
produce a state-of-the-art document that will stand the test of time for 20
years, allow for full evaluation of infrastructure needs, repurposing of
some of the City's aging or under-utilized land inventory, staff believes that
to really deliver a product that serves Diamond Bar as the community it is
and is expected to be, that is the Scope of Work and the bottom line that
staff reached.
C/Tye asked if he understood correctly that state law requires seven (7)
Elements in a General Plan.
JUNE 21, 2016 PAGE 17 CITY COUNCIL
CDD/Gubman explained that there are seven (7) topics that can be
consolidated into fewer Elements.
C/Tye asked if state law requires it while providing no funding.
CDD/Gubman responded that C/Tye was correct.
MPT/Lin said he trusted CDD/Gubman's professional recommendation.
He asked Ms. Martin to share with him how many years she has running a
project of this magnitude.
Ms. Martin responded that she has been with Dyett & Bhatia for
approximately eight (8) years. Prior to that she worked for a different
consulting firm that focused on real estate economics and since she has
been at Dyett & Bhatia she has completed and/or has nearing completion
about six (6) General Plans throughout California — the Bay area, Central
Valley and southern California. In addition, she has worked on a number
of Specific Plans, Zoning Ordinance Updates, EIR's that accompany each,
and she has managed a team of sub -consultants of this size and larger.
She prides herself on her project management skills and her ability to
juggle all of the different components of a project as complex as a General
Plan. She calls herself a "professional generalist" meaning she must have
knowledge of a whole range of topics in order to understand how they all
fit together and to be able to communicate what that all means in a clear,
concise and engaging fashion to people who are not experts in any of
those topics. General Plans are incredibly complex and part of the reason
for the depth and breadth of the scope of work and the cost involved is
that it really is a document that touches all aspects of a city's physical
grown and development over time. She believes that she can bring those
skills to bear in this instance and she looks forward to the opportunity.
MPT/Lin asked if Ms. Martin was committed to come to Diamond Bar
throughout the course of the project even though she resides in the Bay
area and will attend every meeting required of her. She responded that as
Project Manager, she would be present at every meeting, especially those
in front of the City Council and those in which the community is involved.
MPT/Lin asked CDD/Gubman if the Scope of Work document was
prepared by the City or the winning consultant. CDD/Gubman responded
that the Scope of Work was prepared by the consultant but if you read
their proposal it includes cross-references to each Scope of Work item
prescribed in the City's RFP so it is their interpretation/response/approach
to fulfilling those line items in the City's RFP's Scope of Work.
To MPT/Lip's question about whether the contract would include both the
RFP and consultants response to the Scope of Work, CDD/Gubman
JUNE 21, 2016 PAGE 18 CITY COUNCIL
stated that staff reviewed the Dyett & Bhatia proposal and found that it
addressed every item in staff's RFP so the proposal that is included in the
Council packet is the Scope of Work that is referenced in the contract
document.
MPT/Lin said that it was difficult to read the fee proposal and asked if the
contract would be a lump sum contract or cost-plus, maximum not -to -
exceed contract or some other type of contract.
CDD/Gubman responded that it is a not -to -exceed contract that will be
invoiced monthly based on percentage of each task completed at the end
of a given timeframe. There is a 15 percent contingency to cover any
unexpected tasks. For example, through the public outreach process,
something that was not anticipated gained some traction and it is
requested that that additional work product be added to the Scope of
Work. Staff tries to anticipate everything in its RFP but in the event that
something unforeseen generates significant interest staff has asked for
that 15 percent cushion to be added to the contract amount.
MPT/Lin said that if a particular task is budgeted for $50,000 and the City
spends $30,000 to complete the task, the City will be charged for only
$30,000 instead of $50,000.
CDD/Gubman said that MPT/Lin was correct. When the City is invoiced
the consultant would need to account for every billable hour for which they
are charging the City.
M/Lyons asked CDD/Gubman whether or not staff checked references for
the consulting group.
CDD/Gubman reiterated that staff checked numerous references through
the initial fee surveys and checking references provided in the proposal.
This firm has just received glowing reviews from current and past clients in
terms of their responsiveness, their ability to stay on budget and in terms
of their success in engaging the public through the process. Staff was
very encouraged by the accolades that have been directed to Dyett &
Bhatia.
M/Lyons also felt it was big amount of money and Council wants to be
very careful with the community's money. How does the City ensure that
it gets a good product at the end and not end up with a product that has a
lot of recommendations that will not be feasible to complete. For example,
if people on the GPAC want to see a "Fashion Island" created at the K-
mart site. How does Diamond Bar make sure it gets a good product at the
end of this process?
JUNE 21, 2016 PAGE 19 CITY COUNCIL
CDD/Gubman reiterated that the GPAC will be making recommendations
to the City Council and the final decision is with the City Council. The
Scope of Work includes economic and fiscal analysis for any land use
alternative or land use designation or overlay that might be proposed.
Also, the economic consultant will be working in coordination with the
infrastructure consultant so staff will be able to provide the City Council
with options that are 'reasonable and feasible." If they are not, but that is
what the GPAC wants to recommend, staff will present the City Council
with a fully vetted and impartial evaluation of what kind of fiscal impact a
"wish list" item will have on the City that would ultimately be an unrealistic.
goal to include in the General Plan.
MPT/Lin reminded CDD/Gubman that when the GPAC is being organized
the group should not be very big and that at least one Council Member
should be included in the group.
CDD/Gubman responded that the reminder was "so noted" and that would
be one of the first tasks.
CM/DeStefano stated that it is the City Council that will be appointing the
members to the General Plan Advisory Committee. The question was
asked of CDD/Gubman in a prior meeting as to about how many he
thought might be appropriate to constitute such a committee, and at that
time, staff was recommending that each Council Member appoint three
members of the community (residents, property owners, business owners,
or whatever criteria the Council deems appropriate) so that the GPAC is
comprised of 15 members which is a solid number to gain sufficient
interest within the community. Again, these should be members that each
Council Member feels very comfortable with, similar to those that Council
Members would wish to appoint to the Planning, Parks and Traffic
Commissions. As previously stated, it may be of interest to have a
Council Member or Commissioner on such a citizen -based committee but
it is not likely the best way that staff will recommend the Council go
forward. Various parts of the General Plan will end up being reviewed by
the Traffic and Transportation Commission and the Parks and Recreation
Commission. The entire document will be reviewed by the Planning
Commission and the entire document will be reviewed and ultimately
approved by the City Council. In fact, the City Council should maintain its
distance and seek input of those 15 that the Council have appointed as
GPAC Members with respect to the suggestions, advice and opinions of
the Commissioners and finally the Council Members judgement. The City
Council are the policy makers and Council Members will be looking
forward five, ten, twenty years from now as to what they envision the
community to be and how they intend to get there. It is the totality of the
project as it builds toward the City Council in the decisions that Council
Members will be asked to make a couple of years from now.
JUNE 21, 2016 PAGE 20 CITY COUNCIL
C/Herrera moved, MPT/Lin seconded, to award a Consulting Services
Agreement with Dyett & Bhatia to prepare the City's Comprehensive
General Plan Update for a Not -to -Exceed amount of $1,009,303. Motion
carried by the following Roll Call vote:
AYES:
COUNCIL MEMBERS:
Herrera, Tye, MPT/Lin, M/Lyons
NOES:
COUNCIL MEMBERS:
None
ABSENT:
COUNCIL MEMBERS:
Low
9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Herrera attended a joint meeting of the San Bernardino Association of
Governments (SANBAG) and the San Gabriel Valley COG on June 13 at Kellogg
West CalPoly which was an information -sharing session. No votes were taken.
The informational items included the Inter -County Transit and Rail Connectivity
Study to the Ontario Airport. There was a great deal of conversation about who
would build it and who would pay for it. At this time, it is merely conversation.
Also discussed was the future of express lanes in San Bernardino County which
are planned from Pomona into San Bernardino County. Also discussed was the
LA Metro R-2 that will be on the ballot this November. All of the projects that the
San Gabriel Valley hopes to get funded and included, including the SR57/60
which is scheduled in for $205 million if the measure passes in November, will be
great for this region to finally fix the SR57160 Interchange to stop all of the
weaving and daily accidents. Also discussed was the matter of Storm Water
Permit and how outrageously expensive it is for the different cities to fix and
correct. Diamond Bar alone is liable for $6 million worth of fixes and corrections.
For other cities, the price tag is even higher. The City of Industry has the highest
liability which is about $460 million. Everyone feels it is unreasonable and the
recommendation was that City Council Members become more knowledgeable
about and aware of these issues, and when the time comes, contact their
legislators to opt for reform in the legislation. Many attended the meeting and it
was a very good exchange. Congratulations, thank you and good luck to Bob
Rose. She remembers when she was first elected to the City Council in 1995
and the City of Brea was taking care of Diamond Bar's recreation services. After
a year or so the City considered bringing it in house and trying to decide whether
it could afford to pay all of the associated expenses or could it at least be a wash
and not a drain on the City's economy. Bob Rose said yes, he could do it and he
has done it and been very successful with all of the programs, which is one
reason people love Diamond Bar. There are others in City Hall who work very
hard but people are not usually cheering and jumping up and down over
PWD/Liu's roadways or FD/Honeywell's budgets and fiscal prudence, they cheer
about what they can see and feel which are the programs and parks. Thank you
to Bob for that and for helping make Diamond Bar popular. She wished him the
best in his retirement.
JUNE 21, 2016 PAGE 21 CITY COUNCIL
C/Tye said he is sure that PWD/Liu and FD/Honeywell have pulled their hair out
to fund Bob's programs. Congratulations to Bob for 24 years with Diamond Bar
and 40 plus years in parks and recreation. C/Tye cannot fathom the thousands
and thousands of lives that CSD/Rose has touched and impacted through
different programs he has been a part of. Congratulations on a career well done.
The theme is "parks make life better" and for 24 years in Diamond Bar CSD/Rose
has made life better. Thank you to Bob for all of his efforts on behalf of the City.
Last week Concerts in the Park got underway. It was a great time and probably
one of the best well -attended first Concerts in the Park that he has witnessed in a
long time. He hoped that residents would plan to join in the festivities tomorrow
evening. He wished his lovely bride Patricia a Happy 40th Anniversary.
MPT/Lin congratulated CSD/Rose on his retirement and said he was envious.
Congratulations and good luck to CSD/Rose. Last Wednesday he represented
the Mayor and gave a kickoff speech at the Concerts in the Park which was an
overwhelming experience for him. Following his speech C/Tye jumped onto the
stage to announce it was MPT/Lin's birthday and everyone sang Happy Birthday
to him. It was an experience he will never forget.
M/Lyons thanked MPT/Lin for filling in for her. She wished CSD/Rose the best
for him and his family going forward. She is sure that his golf handicap will be
lowered. Residents of Diamond Bar continue to get excellent support from law
enforcement staff. And to that end, Captain Scroggin just received the highest
rating from the Association of the Los Angeles County Department of Deputy
Sheriffs. Diamond Bar is very fortunate to have Captain Scroggin as its captain.
He is an outstanding manager and leader and the Walnut/Diamond Bar Sheriffs
Station personnel greatly respect him, as does City staff and the City Council.
When you see Captain Scroggin tell him you're happy he is here in Diamond Bar.
ADJOURNMENT: With no further business to conduct, M/Lyons adjourned the
Regular City Council Meeting at 8:24 pm to July 19, 2016 in honor of longtime residents
William and Shirley White who just celebrated their 60th Wedding Anniversary!
d7tLaL
TOMMYE CRIBBINS, CITY CLERK
The foregoing minutes are hereby approved thisl9th day of July 12016.
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ANCY LY S MAY