HomeMy WebLinkAbout06/30/2000City of Diamond Bar
Conference Room A
21664 East Copley. Drive
Diamond Bar, CA 91765
Mayor Debby O'Connor
Mayor Pro Tem Eileen Ansuri
Council Member Wen Chang
Council Member Carol Herrera
Council Member Bob Huff
City Manager Terrence L. Belanger
City Attorney Michael Jenkins
City Clerk Lynda Burgess
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 (9119)'860-2489 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 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 meetingHave .
•nline access? City Councii Agendasnow available on the
City of Diamond Bar's web site at www.CityofDiarnondBar.corn
Please refrain from smoking, eating or drinking in the Council Chambers.
The City oflaiamondBar uses recycled pagerand encourages you to do the same.
DIAIIQOND BAR CITY COUNCIL RULES
(ALSO APPLIES TO CON IISSION AND COL IITTEE MEETINGS)
PUBLIC INPUT
The meetings of the Diamond Bar City Council are open to the public. A member ofthe public may address the Council on the subject of one or more
agenda items and/or other items of interestwhich are within the subject matter jurisdiction of the Diamond Bar City Council. A request to address the
Council should be submitted in person to the City Clerk.
As a general rule the opportunity for public comments will take place at the discretion of the Chair. However, in orderto facilitate lbameeting,
persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may
limit the public input on any item or the total amount oftime allocated for public testimony based on the number of people requesting to speak and the
business of the Council.
Individuals are requested to refrain from personal attacks towards Council Members or other citizens. Comments which are not conducive to a
Positive business meeting environment are viewed as attacks against the entire City Council and will not be tolerated. Your cooperation is greatly
appreciated
In accordance with Government Code Section 54954.3(a) the Chair may from time to time dispense with public comment on items previously
considered by the Council. (Does not apply to Committee meetings.)
In accordance with State Law (Brown Act), all matters to be acted on by the City Council must be posted at least 72 hours prior to the Council
meeting. In case of emergency, or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings the Council may
act on an item that is not on the posted agenda
CONDUCT IN THE CITY COUNCIL CHAMBERS
The Chair shall order removed from the Council Chambers any person who commits the following acts in respect to a regular or special meeting of the
Diamond Bar City Council
A Disorderly behavior toward the Council or any member of the staff thereof, tending to interrupt the due and orderly
course of said meeting.
B. A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of
said meeting.
C. Disobedience of any lawful order ofthe Chair, which shall include an order to be seated or to refrain from addressing the
Board-, and
D. Any other unlawful interference with the due and orderly conduct of said meeting.
I
INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL
Agendas for the regular Diamond Bar City Council meetin are r
gs prepared by the Cr Clerk and are available .
City ar able 72 hours nor to the meeting,
Agendas are. available electronically and may be accessed b a P fig'
Y 1�►� computer through a phone modem.
Every meeting of the City Council is recorded on cassette tapes and duplicate tapes are available for a nominal charge,
ADA REQUIREMENTS:
A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. Sign language interpreter
services are also available by giving notice at least three business; days in advance ofthe meeting. please telephone (909)'860-2489 between 8 a.m.
and 5 p.m. Monday through Friday.
HELPFUL PHONE NUMBERS
Copies of Agenda, Rules ofthe Council, Cassette Tapes of Meetings (909) 860-2489
Computer Access to Agendas (909) 860 -LINE
General Information (909) 860-2489
NOTE: ACTION MAYBE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA.
1. CLOSED SESSION:
2. CALL TO ORDER:
PLEDGE OF ALLEGIANCE
Next Resolution No. 2000-48
Next Ordinance No. 05(2000)
2:00 p.m.; June 30, 20.00
Mayor
INVOCATION: None
ROLL CALL: Council Members Chang, Herrera,
Huff, Mayor Pro Tem Ansari, Mayor O'Connor
APPROVAL OF AGENDA: Mayor
3A. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
3B. CITY MANAGER REPORTS AND RECOMMENDATIONS:
4. 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.
5. SCHEDULE OF FUTURE EVENTS,
5.1 JULY 4TH HOLIDAY - City Offices will; be closed Tuesday,
July 4, 2000 in observance of the July 4th Holiday.
Offices will re-open"Wednesday,July 5, 2000.
5.2 CONCERTS IN THE PARK - July 5, 2000 (Galaxy - U.S., Air
Force Pop Variety Group - Patriotic Music) - 6:30 = 8:00
p.m., Sycamore Canyon Park, 22930 E. Copley Dr.
5.3 LANTERMAN ADVISORY COMMITTEE: - July 10, 2000 - 7:00 p.m.,
AQMD CC -8, 21865 E. Copley Dr.
5.4 PLANNING COMMISSION - July 11, 2000 7:00 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
5.4 CONCERTS IN THE PARK - July 12, 2000 (Hired Guns.
Country and Western) - 6:30 - 8:00 p.m., Sycamore Canyon
Park, 22930 Golden`Spgs. Dr.
5.5 TRAFFIC AND TRANSPORTATION COMMISSION - July 13, 2000 -
7:00 p.m., AQMD Board Hearing Room, 21865 E. Copley Dr.
JUNE 30, 2000 PAGE 2
5.6 SKATE BOARD PARK OPENING July 15 2000 - 10:00 a.m.,
Peterson Park, 24142 E. Sylvan Glenn Dr.
5.7 CITY COUNCIL MEETING July 18, 2000 - 6:30 p.m., AQMD
Auditorium, 21865 E. Copley Dr.
6., CONSENT CALENDAR:'
6.1 APPROVAL OF MINUTES - Regular Meeting of June 6, 2000
Approve as submitted. Continued from June 20, 2000.
Requested by: City Clerk
6.2 VOUCHER REGISTER - -.Approve Voucher Register dated June
30, 2000- in the amount of $995,889.32.
Requested by Finance Division
6.3 SUPPORT OF AB 769 - The El Monte Busway, which is a part
of the high occupancy vehicle (HOV)lanes on the 1-10
freeway, between the SR' 605 and the I-5 freeways,
historically created beneficial effects for transit buses
due to the threeperson per vehicle HOV minimum. In
1999, state legislation (SB63) changed the minimum number
of persons to two per vehicle related to the I-10 HOV
lanes. This change had an adverse effect upon the
efficiency of the bus headways along the El Monte Busway.
AB 769 proposes to change the minimum number of persons
per vehicle from two to three during weekday, peak hour
travel times (5-9 am; 4-7 pm). It is believed that this
change will facilitate a return to much shorter bus
travel times during peak hour travel.
Recommended Action: It is recommended` that the City
Council support AB 7`69 (Margett and Firebaugh) and,
direct the Mayor to send a Tetter of support to all
Legislators and the Governor.
Requested by Legislative Sub -Committee
7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as
matters may be heard. None
8. OLD BUSINESS: None
g. NEW BUSINESS:
9.1 PROPOSAL FOR THE LEASE OF CITY HALL SPACE AT THE SCAQMD
HEADQUARTERS BUILDING - Over the past few weeks, there
have been discussions between AQMD and City staff
regarding the possibility of leasing office space (12,117
sq. ft.)j at the AQMD Headquarters Building. The purpose
JUNE 30, 2000 PAGE 3
of the discussion was for the relocation of City Hall
offices from the current 21660 E. Copley Dr. location to
the AQMD Headquarters Building (21865 E Copley Dr.)
Recommended Action. It is recommended that the City
Council accept the offer that has been'm.ade by the South
Coast Air Quality Management District and direct staff to
bring back a final leaseagreement and budget proposal
for the change in City Hall locations.
Requested by: City Manager
9.2 MATTER OF REMOVAL OF PARKS & RECREATION COMMISSIONER.
Recommended Action: It is recommended that the City
Council approve the removal of one (1) Parks and
Recreation Commissioner.
Requested by: City Council
RECESS TO REDEVELOPMENT AGENCY
Next Resolution No. RA 2000-02
1. CALL TO ORDER: Chairman
ROLL CALL: Agency Members Ansari, Herrera,
O'Connor, VC/Chang, C/Huff
2. 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
Agency on Consent Calendar items 'or matters of interest to the
public that are not already scheduled for consideration on
this agenda. Although the Redevelopment Agency values your
comments, pursuant to the Brown Act, the Agency generally
cannot take any action on items not listed on the posted
agenda. Please complete a Speaker's Card and give it to the
Agency Secretary (completion of this form is voluntary).
There is a five minute maximum time limit when addressing the
Redevelopment Agency.
3. CONSENT CALENDAR:
3.1 VOUCHER REGISTER Approve Voucher Register dated June
30, 2000 in the amount of $17,935.00
Requested by: Finance Division
4. PUBLIC HEARINGS: None
5. OLD BUSINESS: None
JUNE 30, 2000 PAGE:4
6. NEW BUSINESS: None
7. AGENCY MEMBER COMMENTS: Items raised by individual Agency
Members are for Agency discussion. Direction may be given at
this meeting or the item may be scheduled for action at a
future meeting
RECONVENE CITY COUNCIL MEETING;
10. COUNCIL SUB -COMMITTEE REPORTS
11. COUNCIL MEMBER COMMENTS: Items raised by individual Council
Members are for Council discussion.Direction may be given
at.this meeting or the item may be scheduled for action at a
future meeting.
12. ADJOURNMENT:
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
JUNE 6, 2000
STUDY SESSION; Mayor O'Connor called the Study Session to order at
4:20 p.m. in Room CC2;of the South Coast Air Quality Management District, 21865
E. Copley Drive, Diamond Bar, California.
AGENDA: FY 2000-01 Budget, General Fund, Special Funds and
CIP, Goals and Objectives
ROLL CALL: Mayor O'Connor, Mayor Pro Tem Ansari and Council
Members Chang, Herrera and Huff.
Also present were: Terrence L. Belanger, City Manager; James DeStefano,
Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose,
Community Services Director; Linda Magnuson, Finance Director Mike Nelson,
Communications & Marketing Director; Rose Manela, Associate Civil Engineer,
Teresa Arevalo, Senior Administrative Assistant; Lynda Burgess, City Clerk;
Captain Alex Yim and Lt Pete Fosselm an, D.B.fWalnut Sheriff's Station.
ADJOURNMENT: M/O'Connor adjourned the Study Session at 6:20 p.m.
I. CLOSED SESSION: None
2. CALL TO ORDER: Mayor O'Connor called the City Council
meeting to order at 6:35 p.m. in the Auditorium of the South Coast Air Quality
Management District, 21865 E. Copley Dr., Diamond Bar, California.
PLEDGE OF ALLEGIANCE: ` The Pledge of Allegiance was led by Bob
Zirbes, President, Diamond Bar Improvement Association:
INVOCATION The Invocation was given by Pastor Chico
Pichardo, Calvary Chapel
ROLL CALL: Mayor O'Connor, Mayor Pro Tem Ansari,
and Council Members Chang, 'Herrera and Huff.
Also present were: Terrence L. Belanger, City Manager;
Michael Jenkins, City Attorney; James DeStefano, Deputy City Manager;
David Liu, Deputy Public Works Director; Bob Rose, Community Services
Director; Linda Magnuson, Finance Director; Mike Nelson, Communications
& MarketingDirector and Lynda Burgess, City Clerk.
APPROVAL OF AGENDA: Council concurred to move Agenda Item
8.1, Matter of Selection of a Solid Waste Hauler to immediately following the
Consent Calendar.
3.A SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
G
JUNE 6, 2000 PAGE 2 CITY COUNCIL
3.A.1 Presented City Tile to Carol Eckert -Willner, Principal of Lorbeer
Middle School, honoring the school's designation as a Blue -Ribbon
Award Recipient.
3.A.2 Presented' City Tile to the Diamond Bar Improvement Association on
the successful completion of its fourth year of the "Paint Our Town"
Project.
3.A.3 Presented Certificates of Recognition to the "Paint Our Town"
Steering Committee Members and Volunteers.
3.A.4 Proclaimed June 14, 2000 as "Flag Day:"
3.13.CITY MANAGER REPORTS AND RECOMMENDATIONS:
CM/Belanger stated that Council is aware of a proposed industrial and
commercial' retail project in the City of Industry. The proposal covers
about 425 acres of land bounded on the northern boundary of D.B.
(Brea Canyon Rd./Grand Ave. and the new SR57160 interchange). A
comment was made at a recent meeting as to the city'sawareness of
this project and the City's activities in relationship to this project as it
has gone through its evaluation process, which has culminated in a
response to the Draft Environmental Document. The community first
became aware of something occurring on this particular tract of land
in the City of Industry when 'newspapers last summer reported a
Disposition and Development Agreement being signed between the
Industry Redevelopment Agency and Majestic Realty.' That D.D.A
conveyed by lease to Majestic the use of 450 acres of land. That is
when we all first became aware of the fact that a private developer
had acquired an interest through leasehold in this project. Majestic
is a longtime developer of property in the City of. Industry as well as
other communities in Southern California. Their forte is industrial and
retail commercial development. In October, 1999 D. B. received a
Notice of Preparation, which was circulated by the City of Industry,
and the Industry Urbane Development Agency, which indicated that
they intended to circulate an Environmental Impact Report related to
a then undefined project. D.S. retained a consultant,: E1S, to,assist us
in preparing the response to the N.O.P and in fact, the response to
the Notice of Preparation was conveyed on November 19. On
January 11, 2000,, the D. B. Community Development Department met
with several homeowners from the Hampton Ct. area regarding the
project that had been carried by the 'newspapers for the previous six
months to inquire q as to what was going on from the City of D_B.'s
perspective. On January 18, 2000, Council approved a contract with
EIS to assist us at such time that the ;Majestic project's Environmental
Impact Report was circulated. At the time that the contract was
JUNE 6, 2000 PAGE 3 CITY COUNCIL
entered into, it was felt that the EIR would likely be ready for
circulation in February or March. The Draft EIR was circulated on
April 19, 2000 and conveyed to a list of cities determined by law
including the City of D.B. D.B. received its copy on April 20 and
immediately conveyed the document to the city's consultant, who
began the task of preparing a response to that document, On June
5, the Draft Environmental Impact Report response was due and a
document was delivered to the City of Industry yesterday conveying
the City of D.B.'s comments on theDraft Environmental Document.
The 172 -page response document is available to the public. Council
held a Study Session regarding this matter on May 30 at Heritage
Park, In addition, the matter was discussed at the previous Council
Meeting. With respect to the Lanterman Developmental Center's
proposed expansion project, local and state representatives continue
to work toward finding a resolution to the loggerhead regarding the
statement of the participants that was a work product of the March
workshop in Sacramento. State Assemblymen and Senators continue
to work legislatively as well as conducting discussions through State
Agencies. The City continues to keep in tact the two appeals of court
cases that were a result of this project. The community organization
continues to work diligently to keep themselves current and, wherever
possible, to make their feelings known about this project. The Cities
of U.B. and Walnut are in the process of becoming more of a defined
coalition of Council Members and staff to work on this situation. The
adjacent cities have been joined over the last year through the
litigation involving Walnut, D.B., Pomona and for a time, the County
of L.A. The City of Walnut will be discussing appointment of two of its
members to work with D.B.'s Advisory Committee in a continuing
effort to find a satisfactory resolution to the proposed security
expansions at Lanterman.
4. PUBLIC COMMENTS: Red Calkins felt that the United' States
should not do business with China.
Mark Hopper thanked Council for its hard work. He expressed concern
about the selection of the Summitridge Park site for the Civic/Community
Center. He asked how large a'site is being planned, how many buildings at
how many square feet, how many parking spaces are planned, what is the
estimated cost of the site and what is the preliminary cost. He believed the
site is in a poor, location as it is in the middle of a residential area and is
planned for a park.' Even though 10 acres was preserved, his impression
was that it was preserved for parks and not for a library, a community center
or offices. He believed the site would be very expensive to; develop and
access. He suggested that the City consider the 25,000 square foot vacant
building in the Towne Hills Country, Center complex. He asked Council
"Member to keep their campaign promises to preserve open ,space in D.B.
JUNE 6, 2000 PAGE 4 , CiTY COUNCIL
Ignacio Covarrubias asked for the Council's help in resolving the problem of
Metrolink overflow parking on Washington St.
Martha Bruske said that, with respect to Consent Calendar Item No. 6.7, she
thought that some City documents may need to go to the Historical Society
or to the public library. Financial documents regarding major City issues
such as the
Alameda Corridor, Lanterman Task Force, Tonner Canyon, Redevelopment
and now Industry East should be kept. Regarding Item No 6.12 and the
repair of Brea Canyon Rd., she wondered if the project will meet the
mandates of the Industry East project or will D.B have to redo the project in
the near future. Regarding Item No. 6.13 will the city build into the contract
that it expects 2417 emergency response.
Fred Ying said that the residents near Summitridge Park were not advised
about the proposed Civic/Community Center project. The Council's decision
to locate the project in Summitridge Park seems to contradict the
recommendations of the Task Force and the residential survey. He would
prefer that the City use its money for purchase of additional library books'
and increased law enforcement.
Clyde Hennessee reiterated his concerns about the proposed State of
California school bond initiative.
Mike Armijo, President, Sheriff Booster Club, invited Council Members and
community members to the D.B./Walnut Sheriff's Station's Open House on
Saturday, June 10 from 10:00 a. m. to 3: 00 p.m:
Eric Ackerlind voiced his concern about the proposed Pantera Park ballfield
lighting. He stated that he had sent a letter to Council advising them of his
concerns but that he has not had a response. ` The adjacent residents
believe that, in addition to increased noise and parking problems,` criminal
activity will increase during evening hours. As it is, ballplayers routinely
drink beer on Sundays. When residents call the Sheriff's Department to
complain about the noise and drinking, it takes,deputies 30 to 45 minutes to
respond. He was concerned that the noise and drinking will spill over into
everting hours with implementation of the lights. He stated that last Sunday;
a known gang member from LaVerne, who was involved 'in a recent stabbing,
was in the Pantera parking lot. He would prefer that the money be spent on
hiring additional law enforcement officers for D.B. He presented the Council
with photos depicting what he discussed.
Mrs. Ackerlind also provided pictures to Council showing increased traffic in
the Pantera Park area. She expressed concern about the increased noise
in the evening hours with the installation of the ball field lights. The noise
JUNE 6, 2000 PAGE 5 CITY COUNCIL
from the park is very loud during the day. On Sunday mornings, she cannot
sleep in nor can she relax with her baby and her children. She was very
concerned that the noise will now go on in the evening hours, which is the
peaceful time in her, home. if the project is implemented, she is afraid she
will not have any peace in her own home. She felt that most of the ball
players come from outside of-D.B.'and the residents are being adversely
effected.
Sue Sisk pointed out that there are motorized skateboards now appearing
at Peterson Park.: She congratulated Lorbeer Middle School's staff, teachers
and students for receiving the Blue Ribbon Award. She believed that DBIA's
"Paint Your Town" project is wonderful and she thanked the volunteers that
go out into the community. She thanked the City for sending out 88 letters
to all cities in Southern California, to State Senators and Assembly Members
requesting support on the15 point agreement. She also appreciated the
notices to the non-profit and youth groups. She understoodthat the State
Public Works Board meeting had been continued to July. However, grading
has already begun to accomodate fencing at Lanterman. She thanked the
Lanterman Advisory Committee members for their dedication.
Dave Reynolds said he is disturbed about the activities at Pantera Park as
reported by Mr. and Mrs. Ackerlind. His experience indicates that the City
has excellent response times from the Sheriff's Department. What he heard
and saw this evening is unacceptable and the 'documentation helps. He
would like to see the video. He asked that the city beef up" security patrols
around the park areas:
CM/Belanger stated that with respect to the Summitridge Park site selection
for the CividCommunity Center, the City is in the beginning process of
evaluating architectural proposals. Once an architect is selected, that
individual will begin the process of developing a master plan for the site,
during which time a series ofcommunity meetings will be held to receive
input on the development of that master, plan. The master plan will include
the elements of the Civic Center. 'Currently, the charge is to plan for a
Community/SeniorCenter and a Library. The master plan will also take into
account the possibility of locating a City Hall at that site. The
CommunitylSenior Center is approximately 18,500 sq. ft.; the Library is
about 20,900} and the City Hall is 25;000 sq. ft. for a total of approximately
65,000 sq. ft. Estimated pad size would be between 5 and 6 acres. The
current site of Summitridge Park is 26 acres, 12 of which are developed and
14 of which are undeveloped. Asa part of the SunCal project; 360 acres of
land were dedicated to the City, 35D of which are for open space with 10
acres to Summitridge Park on the north and west portions of the park to
increase the park acreage to 36 acres. The development is proposed to
take place on the north and northwest portion of the park in the currently
undeveloped area. ` All public buildings will meet or exceed the parking code.
JUNE 6, 2000 PAGE 6 CITY COUNCIL
Besides approval to move forward with the master plan, the City Council has
approved construction of a Community/Senior Center building in the park
sometime toward the end of fiscal year 200012001. The estimated costof
that project is $12.6 million. He pointed out that the Country Hills Towne
Center has inherent lung -term lease buy out problems and Ralph's Market
is not interested in losing $3 million of guaranteed revenue. Many sites
within the City of D.B. have been evaluated. Ultimately, the Summitridge
site, because of its location, size and the fact that itis already owned by the
City, has been determined to be the more attractive location. '
CM/Belanger responded to Ignacio Covarrubias that the matter of overflow
Metrolink parking on Washington St. will be scheduled for the Traffic &
Transportation Commission for evaluation of parking restrictions on
Washington St
In response to Martha Bruske's' suggestion, M/O'Connor said that if
appropriate, ,
City documents should go to the historical society and/or the library.
M/O'Connor expressed concern that Fred Ying's calls to the City Manager
were not returned:
CM/Belanger apologized for not returning Mr. Ying's calls and said he would
call him tomorrow and issue a more personal apology:
M/O'Connor acknowledged receipt of a letter from the Ackerlinds concerning
the consumption of alcohol at Pantera Park and it was her understanding
that they had received a written response from staff. She apologized for the
lack of response and said that she will make certain that a response is"
forthcoming:
CM/Belanger took responsibility for the lack of response. Tomorrow he will
expand responsibility further:
M/O'Connor understood that the Community Services Department could
identify the baseball team that was depicted in the pictures. She is surprised
to hear that this problem continues. She assumed that the team had been
contacted about drinking alcohol in the parks and apparently, the contact
was not effective. She recommended that when the team in question is
present at the park, law enforcement officers should be present.
CM/Belanger stated that a more effective method is to Tick the team out of
the league:
JUNE 6, 2008 PAGE 7 CITY COUNCIL
WO'Connor indicated to Sue Sisk that the issue of motorized skateboards
has been brought to her attention. It is her understanding that motorized
skateboards are not allowed in city parks and that it is a citable offense.
Once the skate park is opened, skateboards will not be allowed in any other
part of Peterson Park: She asked citizens to report offenses to the Sheriffs
Department.
CWBelanger confirmed that the roundabout in Pantera Park is a turnaround
to allow loading and unloading of individuals as well as to accommodate
safety equipment and is not a-parking area.
5. SCHEDULE OF FUTURE EVENTS:
5.1 TRAFFIC AND TRANSPORTATION COMMISSION - June 8, 2000 -
7:00 p.m., SCAQMD Hearing Board Room, 21865 E. Copley Dr.
5.2 LOS ANGELES COUNTY SHERIFF'S OPEN HOUSE - Diamond
Bar/Walnut Station - June 10 2000 - 10:00 a.m. - 3:00 p.m., 21695
E. Valley Blvd., Walnut
5.3 PLANNING COMMISSION - June 13, 2000 - 7:00 p.m., ,SCAQMD
Auditorium, 21865 E. Copley Dr.
.5.4 DIAMOND BAR COMMUNITY FOUNDATION - June 15, 2000 7:00
p.m. SCAQMD Room CC-8,21865 E. Copley Dr.
5.5 HOUSEHOLD HAZARDOUS WASTE ROUNDUP - Saturday, June
17, 2000 - 9:00 a.m. - 3:00 p.m., Pairplex Los Angeles County Fair
Hotel and Exposition Complex, Gate 14A, Arrow Highway, Pomona
(888) 238-0172.
5:6 CITY COUNCIL MEETING - June 20, 2000 - 6:30 p.m., SCAQMD
Auditorium, 21865 E. Copley Dr.
6. CONSENT CALENDAR C/Herrera moved, MPTIAnsari
seconded, to approve the Consent Calendar, with the exception of Item No.
6.14. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS Chang, Herrera, Huff, MPT1Ansari,
WO'Connor
NOES: COUNCIL MEMBERS None
_ABSENT:. COUNCIL MEMBERS- None
6.1 APPROVED MINUTES:
6.1.1 Study Session of May 16, 2000 - As submitted.'
JUNE 612000 `
PAGE 8 CITY COUNCIL
6.1.2 Regular Meeting of May 16, 2000 - As submitted.
6.1..3 Study Session of May 22, 2000 - As corrected.
6.2 RECEIVED & FILED PARKS AND RECREATION COMMISSION
MINUTES - Regular Meeting of April 27,-2000.
6.3 RECEIVED & FILED PLANNING COMMISSION MINUTES -Regular
Meeting of April 25, 2000.
6.4 APPROVED VOUCHER REGISTER - dated June 6, 2000 in the
amount of $862,909.65. M/O'Connor abstained from approval of a
total of $8,269.29 due to a potential conflict of interest relating to the
Lanterman Forensic Expansion Project:
6.5 REVIEWED AND APPROVED TREASURER'S STATEMENT - for
April 2000.
6.6 REJECTED CLAIM FOR DAMAGES - Filed by Ishaq Mohammad
December 28, 1999 and referred the matter for further action to the
City's Risk, Manager.
6.7 ADOPTED RESOLUTION NO. 2000-33: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR. APPROVING THE
DESTRUCTION BY THE CITY CLERK OF CITY RECORDS AND
DOCUMENTS WHICH ARE NO LONGER REQUIRED AS
PROVIDED UNDER GOVERNMENT CODE SECTION 34090.
6.8 ADOPTED RESOLUTION NO. 2000-34: A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR AUTHORIZING
THE MAYOR TO EXECUTE CONTRACTUAL SERVICES WITH THE
COUNTY OF LOS ANGELES FOR GENERAL SERVICES FOR THE
PERIOD JULY 1, 2000 THROUGH JUNE 30, 2005.
6.9 SECOND READING OF ORDINANCE NO. 03(2000): AN
ORDINANCE OF THE CITY OF DIAMOND BAR ESTABLISHING
RULES FOR PUBLICLY -OWNED OR PUBLICLY -OPERATED
SKATE PARK FACILITIES - Approved Second reading by title only,
waived full reading and adopted Ordinance No. 03(2000) Establishing
Rules for Publicly -Owned or Publicly Operated Skateboard Facilities.
6.10 ADOPTEDRESOLUTION NO. 2000-35: A RESOLUTION OF THE
CITY OF DIAMOND BAR AUTHORIZING AMENDMENT NUMBER 6
TO THE JOINT EXERCISE OF POWERS AGREEMENT BETWEEN
THE COUNTY OF LOS ANGELES, THE CITIES OF ARCADIA,
AZUSA, BALDWIN PARK, BRADBU:RY, CLAREMONT, COVINA,
� /� 20gO.� ' ' ' �/���
`_-._--_ ...__-~ ="^,
- ~^^Ou�N~�L
DIMAS, SOUTH EL MONTE, TEMPLE CITY, WALNUT AND WEST
COVINA TO STATE THAT THE AGENCY IS FOR PURPOSES OF
LAW AND INCLUDED MUNICIPAL OPERATOR TO BE KNOWN AS
FOOTHILL TRANSIT.
6.11 (a) ADOPTED RESOLUTION NO. 2000-36- A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE
ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF
THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH
RESPEC ' T TO THE CITY OF DIAMOND BAR ASSESSMENT
DISTRICT NO. 38; AND DECLARING ITS INTENTION TO LEVY
AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING
MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 2000-
01; AND FIXING A TIME AND PLACE FOR A: HEARING OF
OBJECTIONS - and directed the City Clerk to advertise the public
hearing before the Council at the:second regular meeting of June,
2000,
(b) ADOPTED RESOLUTION NO. 2000-37- A RESOLUTION OF THE
CITY COUNCIL OF THE CITY -OF DIAMOND BAR APPROVING THE
ENGINEERS REPORT FILED PURSUANT TO SECTION 22623 OF
THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH
RESPECT TO THE CITY OF: DIAMOND BAR ASSESSMENT
DISTRICT NO. 39; AND DECLARING ITS INTENTION TO LEVY
AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING
MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 2000-
01; AND FIXING A TIME AND PLACE FOR A HEARING OF
OBJECTIONS - and directed the City Clerk to advertise the public
hearing before the Council at the second regular meeting of June
2000.
(c) ADOPTED RESOLUTION NO. 2000-38: A r RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE
ENGINEERS REPORT FILED PURSUANT TO SECTION 22623 OF
THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH -
RESPECT TO THE CITY OF DIAMOND BAR ASSESSMENT
DISTRICT NO. 41; AND DECLARING ITS INTENTION TO LEVY
AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING
MAINTENANCE WITHIN SAID DISTRICT FOR F18CAL YEAR 2000-
01, AND FIXING A TIME AND PLACE FOR A HEARING OF
OBJECTIONS - and directed the City Clerk to advertise the public
hearing before the Council at the second regular meeting of June,
2000.
a
JUNE 6, 2000 PAGE 10 CITY COUNCIL
6.11 (a) AWARDED CONSTRUCTION CONTRACT FOR BREA CANYON
ROAD (BETWEEN PATHFINDER ROAD AND GOLDEN SPRINGS
DRIVE) STREET REHABILITATION PROJECT to Sully Miller, Inc.
in an amount not to exceed $672,000 and authorized a contingency
amount of $67,000 for praject change orders to be approved by the
City Manager, fora total authorization amount of $739,000.
(b) AWARDED CONSTRUCTION ADMIN'ISTRATIONIINSPECTION
SERVICES` FOR THE BREA CANYON ROAD (BETWEEN
PATHFINDER ROAD AND GOLDEN SPRINGS DRIVE) STREET
REHABILITATION PROJECT'- to Dewan, Lundin & Associates in an
amount not -to -exceed $35,144 and provide a contingency amount of
$4,040 for contract amendment(s) to be approved by the City
Manager, for a total authorization amount of $39,144.
6.13 AWARDED CONTRACT TO SIGNAL MAINTENANCE
INCORPORATED (SMI) FOR THE REPAIR AND MAINTENANCE OF
CITY OPERATED TRAFFIC CONTROL SYSTEMS- (1) authorized
the Mayor to execute a five-year contract (FY 00-01 to FY 04-05) for
traffic signal maintenance services with Signal Maintenance Inc.; and
(2) authorized staff to notify the L.A. County Department of Public
Works to delete the traffic signals from Appendices "A" and "B" of the
existing agreement.
6.15 EXTENSION OF MAINTENANCE CONTRACTS:
(a) EXTENDED GRAFFITI REMOVAL CONTRACT WITH GRAFFITI
CONTROL SYSTEMS for FY 2000/01 in an amount not to exceed
$35,000 ($30 per site/ '1,160 sites).
(b) EXTENDED AS -NEEDED STREET TREE PLANTING SERVICES
WITH WEST COAST ARBORISTS, INC. IN THE AMOUNT NOT TO
EXCEED $10,000 FOR THE 2000/01 FY:
(c) EXTENDED CITY-WIDE STREET TREE MAINTENANCE
CONTRACT WITH WEST COAST ARBORISTS, INC. - in an amount
not to exceed $80,000 for the 2000/01 FY.
(d) EXTENDED CITY-WIDE LANDSCAPE MAINTENANCE
CONTRACT WITH TRUGREEN LANDCARE AND MAINTENANCE
- for FY 2000/01 in the amount of $243,398.10 and authorized a
contingency not to exceed $80,000 for additional necessary work
during the fiscal year:
6.16. (a) AWARDED CONTRACT FOR THE SAN L EANDRO/CHINOOK
PLACE AND BALLENAICOVERED WAGON DRIVE
JUNE 6, 2000 PAGE 11 CITY COUNCIL
NEIGHBORHOOD IMPROVEMENTS PROJECT to David T.
Wasden, Inc. in an amount not to exceed $445,397,50and authorized
a contingency amount of $30,000 for project change orders to be
approved by the City Manager, for a total authorization amount of
$475,397.50.
{b} AWARDED CONSTRUCTION ADMINISTRATION/INSPECTION
FOR THE SAN LEANDRO DRIVEICHINOOK PLACE AND BALLENA
DRIVE/COVERED WAGON DRIVE NEIGHBORHOOD DRAINAGE
IMPROVEMENTS PROJECT - to Dewan, Lundin & Associates in
amount not4o-exceed $18,352 and provided a contingency amount
of $3,000 for contract amendment{s} to be approved by the City
Manager, for a total authorization amount of $21,352.
6.17 GRANTED EASEMENT TO PAC BELL WIRELESS, LLC TO UTILIZE
THE EXISTING SERVICE ROAD TO THE EASTGATE WATER TANK
SITE andauthorized the City Manager tol execute the Agreement.
MATTERS WITHDRAWN FROM CONSENT CALENDAR:
6.14 EXTENSION OF LICENSE AGREEMENT WITH COCA-COLA TO
PROVIDE SODA MACHINES AT CITY PARKS - The City entered into
a one-year agreement with Coca-Cola to provide soda machines at
City parks. The agreement period began August 1, 1999 and expires
on July 31, 2000. Section 2 of the agreement states that it may be
extended if both' parties agree. Representatives from Coca-Cola
have offered to extend the .agreement with the same terms and
conditions. During the first nine months of the agreement period, the
City earned $4,993.76 and expended an estimated $1,400 in
electrical costs to operate the machines. All other costs or the
machines, including installation, service and maintenance, has been
borne by Coca-Cola.
Gant' Stitt and Shawn Hamilton, representing Coca-Cola, responded
to M/O'Connor's concerns about Coca-Cola adhering to their contract.
In addition,: the income is substantially lower than anticipated. Mr.
Hamilton stated that when service issues are brought to his attention,
he responds in a timely manner. If there are machines that have
experienced problems, Coca-Cola responds when they are made
aware of the problem. A red sticker with a toil free number for
reporting service issues is posted on every machine. When the call
is received by Coca-Cola, a technician is dispatched. The $5,000
revenue from the machines was generated over a nine-month period.
Although the contract between D.B. and Coca-Cola started on August
1, it was not until the end of August/beginning of September; that all
of the vending machines were finally installed. Summer is generally
PAGE 12 CITY COUNCIL
.JUNE 0, Zoog
the busiest time for vending machines and that the window of
opportunity was missed during those summer months.He indicated
that machines are serviced on an as -needed basis depending on the
park and the usage:
In response to CiHerrera, Mr. Hamilton stated that when a service call
is generated, a technician is dispatched the next day.
CfChang moved, C/Huff seconded, to extend the license agreement
with Coca-Cola for one year, from August 1, 2000 to July 31, 2001,
at the same terms and conditions set forth in the original contract.
Motion carried by the following Roll Call voter
AYES: COUNCIL MEMBERS Chang, Herrera, Huff, MPT/
Ansari, M/O'Connor
NOES: COUNCIL MEMBERS' - None
ABSENT: COUNCIL MEMBERS - None
8. OLD BUSINESS:
8.1 MATTER OF SELECTION OF A SOLID WASTE HAULER FOR THE
CITY OF DIAMOND BAR - The City solicited proposals for exclusive
collection and disposal of solid waste from qualified haulers. Four
firms submitted 'proposals: Athens Disposal, Universal Disposal,
Valley Vista Disposal, and Waste Management: The proposals have
been evaluated and the proposing firms have been interviewed. The
final selection of an exclusive franchisee is now being referred to the
City Council. (Continued from May 1E, 2000)
WASTE HAULER PRESENTATIONS:
(1) Aay Anderson, Waste Management, commended the City
on its process in selecting a waste hauler. All four haulers are good
and capable operators providing quality service to their various
communities. Only Waste Management can provide D.B. with the.
following benefits: Fully implement the city's automated variable rate
residential collection system in the summer and fall of 2000 AB939
requires municipalities to identify 15r years of disposal capacity
Waste Management owns and operates 15 Calif. disposal sites;
Waste Management is the only hauler that owns and operates
multiple transfer and recycling centers in So. Calif.; Waste
Management is the only hauler who has consistently supported
community activities and organizations; residents have voted with
their' pocketbooks to select Waste `Management as their provider
over '° 90% of residents and 70% of businesses have chosen Waste
Management in an open and competitive system. The fact that such
JUNE 6, 2000 PAGE 13 CITY COUNCIL
a large number of residents in D.B. have selected Waste
Management as their trash hauler clearly demonstrates a strong vote
of confidence. in a recent survey done by Waste Management,
12,298 cards were mailed to residents. 1476 were returned (12%
return) over a holiday weekend. Of the residents who responded,
99.25% stated that they supported Waste Management as the City's
waste hauler. In the past two days, Waste Management received an
additional 366 surrey cards, 365 of which were positive. In a second
poll completed over the weekend by Public Opinion Strategies, 92%
of residents surveyed stated Waste Management performs waste and
recycling collection in a timely and dependable manner. Of D.B.
residents who had called regarding trash and recycling problems,
95% stated that Waste Management handled their call promptly and
courteously. To add to its customer service capabilities and to serve
D.B., Waste Management wants to expand its current customer
service center. Waste Management is upgrading its current
telephone system from 27 trunk lines to 72 trunk lines including three
T-1 lines far redundancy. Waste Management is fully automating its
electronic message center, adding tour new customer service
representatives to help field D.B. calls, and expanding customer
service hours to coincide with its hours of operation for normal
business days and special events. In addition to these unique
services that only Waste Management can provide, it has proposed
the lowest residential rate of any qualified bidder. He asked that
Council direct staff to negotiate a final contract with Waste
Management and to bring that back to Council for final approval.
Waste Management will dedicate the resources necessary to
complete this process. Waste Management hopes that you take
these issues seriously during the selection process.
(2) Dave Perez, Valley Vista, said that Valley Vista knows that
the current D.B. customer base is very happy with its service and
Valley Vista will insure that everyone is happy. Valley Vista has put
forth some fine programs at very affordable rates in its proposal. He
clarified that, although DR's report shows Valley Vista's i rates as
being 10 year rates, those rates will be honored for the five year
program as well, which would make Valley Vista the lowest (except for
Mr. Blackburn's proposal) qualified bidder for the City's residential
services and possibly for commercial as well. He thanked Council for
their indulgence and the opportunity to provide a proposal
(3) Mark Blackburn, Universal Waste Systems, thanked Council
and staff for the fine RFP process. He personally thanked the
Council Members who visited his facility. He was proud to be
in the company ;of his three competitors. He believed that
Universal Waste Systems is the law bidder in the process.
JUNE 6, 2000 PAGE is CITY COUNCIL
Universal Waste is qualified and looking for the opportunity to serve
D.B.
4) Tommy Ouzoonian, Athens Disposal, stated that Athens
Disposal is`a family-owned business that services more than 100,000
residences and businesses in this valley. He thanked Council for the
opportunity to participate in this process, which has been the most
thorough program his company had ever witnessed. Council has
visitedthe facility and spent many hours with his company through
this process. He believed that the decision Council makes will benefit
all of the residences and businesses in the City of D.B. Athens is a
premier company, which met or exceeded all of the qualifications
required by the RFP and by the company's interpretation, ranked #'1
overall. The only other issue to be considered by Council is that of
price. As previously stated,Athens is a very friendly negotiator.
Additionally, the company's MRF and transfer station assures that the
low price offered today will be maintained'for many years to come,
whether a two- or three -can system is chosen. Athens stands ready
to negotiate and answer any further questions_
Dave Reynolds stated that it was a recommendation of the Solid
Waste Task Force and it is spelled out in the Ordinance that was
adopted by the City Council, that in order to have an incentive to
recycle and reduce waste, that the City would have the variable rate
system - three cans - green waste, recycle container and a variable
size on the trash containers with a prim differential that is significant
enough to create the incentive. Of the four hauler prices, two would
create a significant incentive and he is sure that the haulers could
speak to Council and negotiate those prices, but it is not in the spirit
that has gone before. All haulers would provide a green waste
collection program. However, with politics in Sacramento as they are,
including alternative daily cover for greenwaste diversion credit has
been bounced around for some time. With all of thepressure from
local' jurisdictions it would likely stay in place. However, with landfill
closures and with the advent of the number of green waste collection
programs, 'there is probably more than what could be used as
alternative daily cover, so a good question to the haulers would be
"from the green waste standpoint, what are the assurances that D.B.
will continue to get conversion credit and do you have any higher
value uses as in green waste ;processing facilities and having a final
compost product for beneficial land application. Also stressed by the
Task Force, recycling services were to be ;provided to all multi -family
complexes. In the interview process, was it stressed that this service
is mandatory regardless of whether a multi family complex chooses
to participate. He reiterated the community's concern about three
different trucks being used by each hauler for the program.
JUNE 6, 2000 PAGE 15 CITY COUNCIL
Clyde Hennessee again stated that he favored Waste Management
and he appreciated their fine service. He recommended that Council
adopt a bi-annual review of the contract. He asked if D.B.'s
Franchise Pee is cumulative. Since 1971, he has never had a
problem disposing of bulky items with Waste Management.
Don Gravdahl thanked Council for their due diligence in this matter.
He believed that the three -barrel system would carry the brunt of the
recycling program load. If Council ;is concerned about reducing the
diesel particulate, a two -barrel over a three -barrel system reduces the
particulate by 33%. The two-barrelsystem would cost an overall $1
less.
Dr. Larry Rhodes said: that although he would like to see a two -
competitor system in D.B., he will stay with Waste Management.
C/Huff stated that, as the Chairman of the Solid Waste Task Force
and a member of the six -member City panel that interviewed the final
four applicants, this has been a long and difficult process. He
expounded on the strengths' and weaknesses of each of the four
haulers- Athens is a local firm and is very strong in the San Gabriel
Valley. It is the only company with an existing MRF and has a two -
barrel system. He stated that in a perfect world, he liked the two -
barrel system for many of the reasons that Mr. Gravdahl mentioned.
The problem with that is that the Task Force felt very strongly that a
three-barrell system would be .better. The reasoning was that the
intent of Assembly Bill 939 was that people defer and recycle their
waste stream. With a MRF, if you are throwing all of your stuff into
one barrel, you are not encouraging recycling, you are certainly not
teaching your kids to recycle, and you are contaminating some of the
recyclables So' a three -barrel system will actually help get more
quality recycling materials setaside. He felt he was bound to adhere
to the intent of the Solid Waste Task Force. Additionally, the three
barrel -system that Athens has, as well as their two -barrel, is about a
dollar a month higher. Pricing is complex due to the variables with all
haulers and the City had to come to some degree of compromise. All
in all, Athens is about one dollar higher per month for the two -,or
three -barrel system. Universal is a local company based in Pomona.
They have a young and very aggressive management team. He
visited their facility last week and liked their "can do"' attitude. His
biggest problem with: 'Universal, and incidentally, they have the
cheapest price, is not their spirit or what they have donee in the last
ten years, but it is the, 0@9 of management in that if D. B. awarded
a contract to Universal, it would represent one-third of their total
business and that concerned him. For D.B. residents,'there must be
backup management iri the company so that residents will not be left
JUNE 6, 2000 PAGE 16 CITY COUNCIL
unattended in the event something happens to the chief executive. He
spoke with a Council Member in Pomona who speaks very highly of
Universal. Waste Management has been in the City for a long time
and is known to have served the community under various company
names. It has a very broad customer base with over 90% of the
residential and 70% of the commercial business in D.B., which isnot
to be discounted. Waste Management has done their due diligence.
They sent out fliers with pre -paid postage asking customers to rate
the company, from which they had a very commendable response_
Waste Management is a safe choice because it is status -quo.. It does
not disrupt the system. He believed that Council Members' job is to
not always just take a safe choice, but to do* what is best for the
citizens. Waste Management may be safe, but it is not withoutits
problem and turmoil During the last few years, there have been`a
lot of mergers and acquisitions. The reason that Waste Management
represents. 90%` of the residential customers in D.B. is because
Western Waste and Waste Management merged. In looking' through
some of the comments, it. is interesting that customers who have been
with the company for some time complain about one or the other
hauler. There has been a lot of turn around in upper management.
The Council has had. about four different representatives in the past
couple of years. To their credit, Waste Management now has a great
management tears. The question is, where will the company be two,
three or five years down the road because they are the largest waste
hauler in the world, which is not to The discounted. During a recent
Contract Cities function, he received an unsolicited comment from
another City's Council Member who I said Waste Management had
pretty good service. However, that City hired an independent auditor,
who was checking out the franchise fees and discovered a substantial
amount of fees that had not been paid to the City. The City was going
back to collect those fees and having to pay $.25 on the dollar to the
auditor for having discovered the discrepancy. Overhearing the
conversation, a person from another City indicated his City had the
same problem. CIHuff discussed the matter with the Waste
Management representative who explained that the underpayment of
franchise fees was a matter of dispute with Western Waste' and that
Waste Management was cleaning up the problem. This is a matter
of concern for b.B. Whoever D.B. chooses, the City will want to
negotiate ongoing audit service to make certain that the A8 939 fees
and franchise fees, if so negotiated, are received by the City
accordingly. His main concern with Waste Management is that D.B.
would not be "special" to them but just another City on a very long
and impressive list. Customer service is a high priority for the Council
and training has taken place with staff. Council wants a company to
represent it that knows the business of the City, the business of the
area and will treat all customers with respect. Waste Management
JUNE 6, 2000 PAGE 17 CITY COUNCIL
has said, to their credit, that they will implement a program of having
customer service representatives available to respond to telephone
.calls when trucks are on D. B.'s streets. It's too bad that they have not
had such service to date. He has had good personal experience with
Waste Management and has spoken with people who have not had
good experience with them. if D.B. chooses an exclusive provider, he
believed 'it is im2erative that the City has a provider that is very
focused on customer service. At present, customers do have a
choice. Under a'single service provider, customers will not have a
choice. Valley Vista is a 40+ year old family-owned local company
that has an excellent track record of customer service. They do not
have to work to put people on the street when the trucks are here
because they are doing that already. They have, to their credit, built
their' company brick by brick over the years and the company has
been transferred to the next generation, which renders the company
stable for another' 30 plus years. Valley Vista has a very competitive
price They have the cheapest price to handle household hazardous
waste, which involves a variety of things such as household paint,
insect spray, batteries, motor oil, etc. Waste Management bid the
hazardous waste pickup at $125 as a fee fora special call to
residences. Athens bid $75, Valley Vista bid $15. However the City
implements the three -barrel system, there will Abe a change' of life in
how residents divert items. And little things add up to big things.
Also, if there is a disabled person needing assistance getting the
barrels to the street, Valley will do this for $1 a month extra as they
are currently doing in La Puente. Waste' Management and Athens
want $15 a month extra for this service. Valley Vista runs two man
teams on their trucks and certainly, they have a lot of commercial
experience since they operate in the City of Industry. He believed
that this makes for ,improved safety and certainly they would be in and
out of commercial facilities more rapidly. What most impressed him
about Valley Vista is their customer service. He spoke with a La
Puente Council Member who said the best thing they did was to
switch providers and that they were really happy with the service that
they were getting from Valley Vista. When they switched to Valley
Vista, the City had a five-year discontinuance it had to go through.
In summary, CIHu#'f indicated that if he had his choice and if it was a
two -barrel system,, he would go with Athens. In a perfect world, he
would choose Valley Vista. But it isnot a perfect world and the City
has a five-year discontinuance. As one of the previous speakers
indicated, -if the contract is let to Valley, for five years Waste
Management, which has 90% of the residential business, different
trucks ,will be running up and down D.B. streets. It is also not as
seamless to have) another company. Certainly, as it is now, the
easiest choice is to go with Waste Management. A few years back,
JUNE 6, 2000 PAGE 18 CITY COUNCIL
D.B.,in response toyasidents, joined With Walnut citizens in opposing
the Materials Recovery' Facility (MRF) in the City of Industry.. Valley
Vista proposed to build that system. While D.B. likes to take credit for
is forcing them to go away, they chose to go away and they
constructed an alternate site that was listed in their EIR in Azusa. He
believed it would speak highly of this neighboring city, D.B., to honor
their intent and to understand that they made a responsible business
decision and moved the facility to Azusa. His preference was that
D.B. negotiate with Waste Management for residential service and ,
negotiate with Valley Vista for commercial service and presented that
motion to Council. The reason for proposing two haulers Waste
Management needs to keep their management in order and make
certain that they implement some of the things they have proposed.
Waste Management would certainly have the smoothest transition to
a three -barrel system. On the other hand, for many of the reasons
previously stated, he did not believe the City can discount Valley
Vista and it would not be disruptive to have them handling D.B.'s
commercial. He believed that Valley Vista would bean asset to the
commercial and their price is cheaper than Waste Management's:
For those reasons, he moved that D. B. negotiate as stated'.
M/O'Connor asked him to hold his motion, to which he responded that
the rules are that if there is a motion on the floor and there is
discussion, there is no problem.
C/Huff moved to negotiate with Waste Management for residential
hauling and Valley Vista for Commercial hauling. Motion died due to
lack of a second.
C/Chang paid his respects to all four haulers. He spoke about his
consideration of the four haulers and the City's intent to implement an
exclusive hauler system. He explained why he believed that Waste
Management's 10 year rate with a 5 year review of service quality is
the best option for D.B.:
C/Herrera thanked C/Huff for providing an analysis of the
subcommittee's review and evaluation of the four companies. She
asked each hauler how they will conduct the customer education that
will be necessary for the recycling_
Dennis Chiapetta, Operations Manager, Athens Disposal, described
the public outreach program to be utilized by his firm
Mark Blackburn, Universal Waste, described his company's public
outreach program.
JUNE 6, 2000 PAGE 19 CITY COUNCIL
DavePerez, Valley Vista, explained his firm's public outreach
program.
Ray Anderson, Waste Management, explained his company's public
outreach program.
C/Herrera asked if Waste Management's offer of a 10 -year rate with
a review after five years would stand if the Council selected Waste
Management to provide residential service and selected another
hauler to provide commercial service.
Ray Anderson, Waste Management, responded to C/Herrera that his
company believes there may be better opportunities in the
commercial side in D.B::based on the pricing. He did not believe that
it is fair to the companies who have bid and gone through a process
or those who decided not to bid to come back at the 11'x' hour and ask
them to, do something differently.
MPT/Ansari believed that everything is negotiable. She expressed
concern about reaching the 5019/o diversion rate ,and explained why
she might prefer a two -barrel system. However, this was not the path
selected by the Council's Solid Waste Task Force, nor was it the
intent of AB 939. She commended the haulers for their individual
strengths. She did not lake a monopoly. Residents have been very
clear that they, do not want more than one `hauler servicing a
residential area. She was also concerned about education, which all
four °haulers adequately addressed. Further, she was concerned
about the AQMD requirements for the CNG trucks and indemnification
in the event D.B. did not, reach -its 505 conversion. Her primary
concern is the 5 -year discontinuance. Waste Management has
repeatedly stated that they will stay for the five years. She concurred
with ClHuff's proposal to split the service between two haulers with
Waste Management serving the single family residences with the
commercial hauler being Valley Vista. She said that she would'
second C/Huff's motion:
CM/Belanger responded to M/O'Connor that the four haulers have
presented bids and not contracts. Under the law, Council has the
authority to negotiate without going out to bid.
CA/Jenkins concurred with CM/Belanger. He believed that the City
retained sufficient flexibility in the RFP document to arrange for a split
or for a single contract. He did not believe there would be any
necessity, legal or otherwise, to go out to bid again.
JUNE 6, 2000 PAGE 20 CITY COUNCIL
M/O'Connor thanked the waste haulers for their participation in this
process. She reminded her colleagues that Waste Management has
90% of the City's :business due to mergers. She stated that Council
would be remiss if it did not address the five-year discontinuance
issue. As previously stated, it is important to the residents that trucks
be eliminated from residential neighborhoods. Customer service will
be a critical component of any contract negotiations.
C/Huff took exception with a statement made by Ray Anderson,
Waste Management, in response to a question by C/Herrera. In fact,
there have been changes on both sides of the fence and negotiations
are ongoing until a contract is let.
G/Chang believed a monopoly is appropriate in this situation. 70%
of the commercial business chose Waste Management as their hauler
and riow the City is forcing them to change. He believed that by
selecting a single hauler, the truck traffic will be reduced in the
community:If negotiations stall between the two haulers, the Council
Will have to reconsider the matter.
CM/Belanger responded to M/O'Connor that if "The Country Estates"
residents have bins, they are considered to be"commercial accounts.
If they do not have bins, they are considered to be residential
accounts. The distinguishing factor is the type of container that is
used. Certain multi -family residential will also be considered
commercial under the contract.
C/Huff moved, MPT/Ansari seconded, to direct staff to negotiate with
Waste Management to provide exclusive service for residential and
Valley Vista to provide exclusive service for commercial at the 10 year
rate. Motion carried 4-1 by the following Roll Call vote:
AYES: COUNCIL MEMBERS Herrera, Huff, MPT/Ansari,
M/O'Connor
NOES COUNCIL MEMBERS -Chang
ABSENT: COUNCIL MEM'BERS'- None
RECESS: M/O'Connor recessed the meeting at 10:09 p.m.
RECONVENE: M/O'Connor reconvened the meeting at 10:1.7 p.m.
7. PUBLIC HEARINGS
7.1 (a) RESOLUTION NO. 93-66b AMENDING THE POLICIES,
PROCEDURES AND REGULATIONS FOR THE USE OF FACILITIES
OPERATED BY THE CITY OF DIAMOND BAR - The Parks and
JUNE 6, 2000 PAGE 21 CITY COUNCIL
Recreation Commission reviewed the Park Use Policies and
recommend two significant policies: (1) Charge for Picnic
Reservations in City Parks (2) Charge for reserved use of outdoor
athletic facilities at Lorbeer Middle School. The purpose of these
charges is to recover the costs related to providing these services.
(b) RESOLUTION NO. 93-67A: ESTABLISHING FEES AND
CHARGES FOR RENTAL OF PUBLIC FACILITIES - If Council adopts
the revised Park Use Policies, adoption of this resolution will result in
establishment of the following new fees: (1) Park Picnic Reservations
- $25.00 per four hour period of use; (2) Lorbeer Middle School
Athletic Field Reservations - $12.00 per hour light charge and $5.00
per hour without lights. The intent of these fees is to recover the
costs related to providing these services to the community. Estimated
total annual revenue for these new proposed fees is $24,500.
M/O'Connor opened the Public Hearing,
Martha Bruske believed picnics belong in parks and athletic events
belong in schools. After a great deal of consideration, she decided
she was opposed to this Resolution. It is wrong to charge people to
picnic in the parks unless it is a very large group (175 or so). D.B. is
supposed to be able to support its parks.
Jeff Koontz, Executive Director, Chamber of Commerce, ,pointed out
that the Chamber paid a fee to the City to °reserve Peterson Park for
As Casino Night held last April.
Following discussion, C/Herrera moved, M/O'Connor seconded, to
adopt Resolutions 93-66B and 93-67A, eliminate the charge for picnic
reservations in City parks and implementing, in Paragraph b, a
requirement for a $12/hour light charge and a $5/hour charge without
lights at Lorbeer Middle School. Motion failed by the following Roll
Call vote:
AYES: COUNCIL MEMBERS; _ Herrera, M/O'Connor
NOES: COUNCIL MEMBERS Chang,Huff, MPT/Ansari
ABSENT: COUNCILMEMBERS - None
C1Huff moved, MPT/Ansari seconded, to adopt Resolutions 93-66B
and 93-67A, include the charge for picnic reservations for non-
residents of D.B. in City parks in the amount of $25, with no charge
for lights at Lorbeer Middle School to residents or non-resident club
teams, but charge for-profit non-resident club teams. Staff was
directed to report the results of these resolution implementations in
approximately one year. Motion carried by the following Roil Cap
JUNE 6, 2080 PAGE 22 CITY COUNCIL
vote:
AYES: COUNCIL MEMBERS - Herrera, Huff, MPT/Ansari
NOES: COUNCIL MEMBERS - Chang, M/O'Connor
ABSENT: COUNCIL MEMBERS - Norte
7.2 FISCAL YEAR 20010-01 MUNICIPAL. BUDGET -The proposed budget
reflects General Fund Resources in the amount of $15,769,955 and
General Fund Expenditures in the amount of $14,701,490 for a net
projected increase in General fund balance of $1,068,465. Since the
Study Session on May 16, the State Controller'sOffice has provided
revenue budget estimates for Motor Vehicle In -Lieu and Gas Tax
Revenues. These numbers have been incorporated into this version
of the budget. In addition, the Special Funds Budget is included.
M/O'Connor opened the Public Hearing.
There being no testimony offered, M/O'Connor continued the matter.
to the June 20, 2000 meeting.
9 NEW BUSINESS:
9.1 RESOLUTION NO: 2000-39: A RESOLUTION OF THE CITY
COUNCIL OF THECITY OF DIAMOND BAR APPROVING PLANS
AND : SPECIFICATIONS FOR SPORTS FIELD LIGHTING AT
PANTERA' PARK, IN SAID CITY AND AUTHORIZING AND
DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS
Ball field lighting at Pantera Park is one of the highest -ranked
priorities listed in the Parks Master Plan. Plans and specifications
have been developed and reviewed and are prepared to go to bid.
The engineer's estimate for construction is $286,800. A total of
$3257000 in Park Development funds has been requested in the
proposed 2000/01 FY budget for this project Neighborhood meetings
about this project were held in 1995 and again in March, 2000. The
neighbors have expressed concerns about noise, parking and traffic
that park activities would bring into the neighborhood. Ball field
lighting use'is restricted by the Park's Conditional Use Permit (CUP)
to 8:00 p.m. Sunday through Thursday; and to 9:00 p.m. on Friday
and Saturday. The intent of this scheduling restriction is to serve as
a compromise between, the needs of the overall community and the
needs of the immediate neighborhood. StafPsi, goal for this project is
October have
20(?0.hts operational by the end of daylight savings time in
Martha Bruske did not believe exceptions can be made for individual
neighborhoods. The same rules have to apply to every parka
JUNE 6, 2000 PAGE 23 CITY COUNCIL
Dave Reynolds agreed with Mrs. Bruske that park use has to be
applied evenly throughout the City. Peterson Park has been trampled
due to overuse. Nighttime activities need to be more evenly
distributed. However, he was concerned about the photos presented
by Mr. and Mrs'Ackerlind. When changes are made to parks that may
affect security, it must be monitored carefully.
C/Huff moved, MPT/Ansari seconded, to adopt Resolution No. 2000-
39 and authorized and directed the City Clerk to advertise to receive
bids. Motion carried by the following Roll Call vote:
AYES- COUNCIL MEMBERS - Chang, Herrera, Huff, MPT/
Ansari, WO'C6nnor
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
9.2 APPROVED FIRST READING OF ' ORDINANCE NO. 04(2000): AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR AMENDING THE CITY OF DIAMOND BAR MUNICIPAL CODE
BY ADDING CHAPTER 8.25, RELATING: TO VECTOR CONTROL
AND MANAGEMENT - The Greater L.A. County Vector Control
District has requested that, an ordinance be established that would
allow City authorized personnel and the Vector Control District to
abate or require abatement of feral bees and other vector infestations
from public and private property, when necessary for public health
and safety concerns. The Ordinance seeks to minimize the potential
public 'health thr 'eat associated ! w ith Africanized HoneyBees within the
City.
Martha Bruske agreed with the Ordinance and asked who would pay
for the service. If she has bees ater house, who does she call and
will she have to pay for the service.
CM/Belanger responded that the Ordinance authorizes the Vector
Control District to enforce the Ordinance. Individuals currently pay for
the cost of the Vector Control District in their property tax.
C/Ansari moved, C/Huff seconded to approve for first reading by title
only and waive full reading of Ordinance No. 04(2000) Amending the
City of Diamond Bar Municipal Code by adding Chapter 8.25,
Relating to Vector Control and Management. Motion carried by the
following Roll Call vote:
AYES: COUNCIL MEMBERS - Chang, Herrera, Huff, MPT/
Ansari, M/O'Connor
NOES: COUNCIL MEMBERS - None
JUNE 6, 2000 PAGE 24 CITY COUNCIL
ABSENT: COUNCIL MEMBERS - None
9.3 CONSIDERATION OF APPOINTMENT OF "EAST END PROJECT'
ADVISORY COMMITTEE - The City of Industry has circulated a Draft
Environmental Impact Report (DEIR) related to the proposed East
End Project. The project consists of 6.6 million sq. ft. of industrial and
commercial development. The Draft EIR indicates that there will be
impacts on D.B.streets and upon property owners. Council is
considering the establishment of an advisory committee related to the
project.
M/O'Connor appointed herself, and C1Huff as Council Member
representatives to the Advisory Committee. She requested that
homeowners in the affected area submit names for Council selection
to the East End Project Advisory Committee.
Martha Bruske agreed that this is a major issue for D.B. She did not
want to see a repeat of the Lanterman Advisory Committee because
they do not report back to the community unless Sue Sisk makes a
statement. She believed this is a different situation. In both cases
there is an EIR but the City has not put ads on Channel 12 and it has
not communicated with the people. Therefore, she is not certain that
an advisory Committee will help. She did not foresee any change in
the outcome. D.B. is surrounded by the very, powerful City of
Industry. A road through Tanner. Canyon involves an agreement with
the City of Industry so what is going to be the tradeoff. She believed
the best course of action is to actively plan mitigation to the impacts
on businesses and residents and she did not believe it could be done
through an Advisory Committee. She instead recommended the
Council consider holding Town Hall meetings in every neighborhood
and seek suggestions from the residents and from the Chamber of
Commerce. Finally, do not allow a General Plan amendment to open
Washington Street.
Jeff Koontz,' Executive Director, Chamber of Commerce, stated that
for those people who watch the Channel 12 program just prior to this
City Council meeting, the entire one-half hour show was dedicated to
the ramifications of the Industry East project. He agreed with Mrs.
Bruske that the projectis probably a "dome dean." He believed that
D.B. probably Moes not need to do the mitigation that the 'City of
Industry would like it to do since the project gains D.B. nothing. The
Chamber of Commerce is totally opposed to the project as put forth
and the Chamber will do all it can to, help get the word out to the
public,
JUNE 6, 2000 PAGE 25 CITY COUNCIL
M/O'Connor agreed that businesses should be represented on the
Advisory Committee. She stated that she received a call from the City
of Industry yesterday in response to D.B.'s response to the EIR along'
with numerous letters, e-mails and calls from residents living in close
proximity to the. project. Industry has instructed their traffic
consultants to review the impact of keeping Washington St. closed,
which she viewed as a positive step-
C/Herrera stated that the development of this Advisory Committee
was at the request of many affected residents who wanted
information, clarification, guidance and suggestions on how to
proceed from the Council. She believed that Council is responding
to the request of those residents in developing this committee.
RECESS TO REDEVELOPMENT AGENCY: M/O'Connor recessed the City
Council meeting to the Redevelopment Agency meeting 'at 11:15 pm.
RECONVENE CITY COUNCIL MEETING: M/O'Connor reconvened the City
Council meeting at 11:17 p.m,
10. COUNCIL SUB -COMMITTEE REPORTS AND MEMBER COMMENTS:
C/Herrera stated that Lanterman Advisory Committee meetings are public
meetings and she and CM/Belanger report on what occurs at these meetings
at almost every City Council meeting. The Committee is Advisory to Council
to give input on the proposed Lanterman Expansion Project_ As the
community is welt aware, the matter is in a`holding pattern at this time.
C/Chang stated that June is Asian Pacific Month. He spoke about several
celebrations he attended in recent days, including two that were held in D. B.
He and CM/Belanger attended the SCAG meeting in Sacramento on behalf
of the City. CM/Belanger hand carried 200 plus letters seeking support of the
Lanterman 1`5 -point document, which were given to the city's lobbyist. That
evening, they attended a dinner during which they met several Legislators,
Assembly Members and Senators from whom they requested support of
D.B.'s position with respect to Lanterman.
C/Huff responded to a prior speaker indicating that the City undertook a very
lengthy process with respect to the matter of a Community Center. One of
the high priorities of the task force was to keep the center close to the center
of the community. 'A speaker spoke about the Metrolink overflow parking on
Washington St. and C/Huff said he believes it would be helpful for D.B. to
establish a dialogue with the City of Industry to determine Industry's plans
are for Metrolink and to also determine the ridership. He suggested that the
City request that the City of Industry remove the red curbing along their
portion of Brea Canyon Rd. At a prior Alameda Corridor East meeting, the
JUNE 6, 2000 PAGE 26 CITY COUNCIL
group moved the Brea Canyon Rd. crossing to its second phase and in its
place Nogales will be completed in the first phase. He had the privilege of
working at the Irwindale Speedway on Saturday on behalf of the D.B.H.S.
Marching Band fund raising effort. He, M/O'Connor and CM/Belanger today
toured Diamond Ranch High School. It is a spectacular facility and a tribute
to the community- He encouraged residents to visit the site. It should not
go unsaid that D.R.H.S.,was made possible by the City of Industry. D.B. did
not inherit low-income housing with the school.
MPT/Ansari said she had been very involved in, the storm water runoff issue
during the past few. weeks. Tomorrow, she Will testify before the State's
Regional Water Board on storm, water runoff -representing the 33 cities that
appealed the 'January 26 decision. Last Thursday, she was elected Vice -
Chair of the Energy Environment Committee, which means that next year
she will be the Chair. She was. also appointed to the Executive Board, which
is involved with policy making. She is finished with her So. Calif. Leadership
class and she will,graduate. on Thursday at the City Club. Last weekend,
she was in Sacramento and had an opportunity to speak with several
legislators concerning Lanterman. In recognition of D -Day (June. 6) she
thanked all of the veterans who served their country in the armed forces.
She will travel to New Jersey on Friday to join in the celebration of the
occasion of her mother's 8& birthday. She will return to D.B. in about 10
days.
M/0'Connor congratulated MPT/Ansari on her completion of the So. Calif.
Leadership course. She reported that she received a letter of resignation
from Eileen Tillery as a member of the D.B. Community Foundation.. She
asked that. the June 20 City Council agenda include an item related to
appointment, of a replacement for Mrs. Tillery.
ADJOURNMENT: Therebeing no further business to conduct, M/O'Connor
adjourned the meeting at 11:33 p.m. in memory of all who participated in the'D-Day
operation 54 years ago and in memory of D.B. Amateur Radio Sociiety Member
Harry Kowalski.
LYNDA BURGESS, City Clerk
ATTEST:
Mayor
CITY OF DIAMOND BAW
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VOUCHER REGISTER
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TOTAL PREPAIDS
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INTEROFFICE MEMORANDUM
TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
FROM: TERRENCE L. BELANGER, CITY MANAGER
RE: SUPPORT: AB 769 (MARGETT & FIREBAUGH)(SOLIS & SOTO)
DATE: JUNE 30, 2000
RECOMMENDATION:
It is recommended that the City Council supportAB 769 (Margett and Firebaugh); and,
direct the Mayor to send a letter of support to all State Legislators and the Governor.
DISCUSSION:
The El Monte Busway, which is located as a part of the high occupancy vehicle (HOV) ,
lanes on the I-10 freeway, between the SR 605 and the 1-5 freeways, historically created
beneficial effects for transit busses due to the three person per vehicle HOV minimum.
In 1999, state legislation (SB63) changed the minimum number of persons to two per
vehicle, related to the I-10 HOV lanes. This change had an adverse effect upon the
efficiency of the bus headways along the El Monte Busway.,
AB 769 proposes to change the minimum number of persons per vehicle frointwo to
three, during weekday, peak hour travel times (5-9 am; 4-7 pm). It is believed that this
change will facilitate a return to much shorter bus travel times during peak hour travel
The City Council Legislative Sub -Committee recommends support.
Sent By: Foothill Transit; 626 915 1143; Jun -20-00 4.19PM; Page 3/3
Foothill Transit
SB 63 Fact Sheet
Background: Senate Bill 63, passed by the Legislature in 1999, reduced the minimum number of
people who comprise a carpool on the El Monte Bus
went into effect on Jaway from three people ,to two. This change
nuary 1 2000 and will sunset on July 1,
to the Legislature on' the effects of this Change by January 00 2001 ltra Ag red 769, requr authored to Eby
Assemblyman Bob Margett and co-authored by Senator Hilda Solis, proposes to amend state law
ca
to allow three-person minimum
Burin rpools on the EI Monte Busway (on the San Bernardino freeway)
g peak commuting tithes. During non -peak times and weekends, the minimum carpool
requirement would remain at two people.
f=oothill's Busway Service: Foothill Transit buses make almost 500 trips per day on the EI Monte
Busway. Six express lines and six local/express lines use the facility to Serve downtown Los
Angeles. Almost 181000 Foothill Transit passengers use the Busway each weekday,
Negative effects: Changes to the carpool minimum on the EI Monte Busway have had a negative
effect on Foothill Transits operations. On-time performance has suffered significantly. There has
also been an increase in safety incidents, customer complaints, and overtime due to missed trips.
Z On -Time PArform nce: Congestion now routinely interferes with schedule adherence,
which has fallen from an average of 88% in the Fall of 1999, t0 48% as of April 1 St. The
consistent 20 -minute time savings that Foothill customers used to enjoy has all but
disappeared: Express buses to Downtown Los Angeles are now routinely late by 10-20
minutes. During the 7:30 a.m. to 9:00 a.m. period, trips are often 20-30 minutes late.
Spot observations were made at the beginning of Janua
increased as service deteriorated and customer complains increased. the service
Y -Customer Camgtairnts: Foothill Transit customer service staff has received' 869 Calls,
e-mails, and faxes in regards to SS 63's detrimental effect on bus service. Customers
have consistently reported additional delays of 20-30 minutes over service in 1999.
Many customers report that they are going back to driving alone and cannot rely on the
buses to get them to their destination in'a timely manner.
>$atncldents•
incideniderts. DunFoothill Transit drivers have reported a significant increase in safety
ng baseline monitoring in 1999, there was a handful of each
type of
incident on a regular service day,averaging 13 per day. After the implementation, that
daily average has increased; significantly. For example, our drivers logged over 140
violations of carpool use on January 27. Safety incidents include the rapid deceleration
of cars in front of the buses,; illegal crossing of double -fines by cars, and improper
merging onto the Busway by cars. The majority of violations, approximately 60%, occur
between the Fremont and El Monte entrance and egress points. While these
"incidents" are not accidents, they, pose a safety hazard to our passengers and
motorists.
> @rvrce Overtlme' When drivers are fate finishing their runs, they are sometimes not
able to return for their second trip. Because of this, extra drivers and buses (when
available) have been utilized, which increases costs and impacts Foothill's bus
maintenance schedule.
5/11/00
AB 769 Assembly Bill - AMENDED Page 1 of 2
BILL NUMBER: AB 769 AMENDED
BILL TEXT .
AMENDED IN 'SENATE MAY 26, 2000
AMENDED IN. SENATE MAY 10, 2000
AMENDED IN ASSEMBLY JANUARY 3,'2000
AMENDED IN ASSEMBLY MAY 11, 1999
INTRODUCED BY Assembly Member Margett
(Coauthor: Assembly Member Firebaugh)
(Coauthors: Senators Solas and Soto)
FEBRUARY 24, 1999
An act to amend Section 21655.12 of the Vehicle Code, relating to
vehicles , and declaring the urgency thereof, to take effect
immediately;
LEGISLATIVE COUNSEL'S DIGEST
AB 769, as amended, Margett. Vehicles: preferential vehicle
lanes.
Existing law authorizes the Departmentof Transportation to
authorize or permit exclusive or preferential use of highway lanes
for high -occupancy vehicles. Existing law, which becomes inoperative
on July 1, 2001, and as of January 1, 2002, is repealed, requires
the department to, establish those lanes on the San Bernardino
Freeway, —ftft4- to set the minimum occupancy level on
those lanes at 2 persons, including the driver , and to
complete a related study and submit a report to the Legislature
This bill would instead set the minimum occupancy level on those
lanes at 3 persons, including the driver, during the peak commuting
hours of 5:00-9:00 an a.m. and
4:00-7:00 —per p.m , Monday through
Friday, inclusive, and.'2 persons, including the driver, at all other
times_
This bill would also expand the scope of the study and report.
The bill would declare that it is to take effect immediately as an
urgency statute.
Vote el- 213
Appropriation: no. Fiscal committee: yes. State -mandated local
program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DOENACTAS FOLLOWS:
SECTION 1,. Section 21655.12 of the Vehicle Code is amended to
read:
21655,12, (a) The Department of Transportation shall establish
exclusive or preferential use of highway lanes for high -occupancy
vehicles on that portion of State Highway Route 10 known as the San
Bernardino Freeway, and shall set the minimum occupancy level on
those lanes at three persons, including the driver, during the peak
commuting hours of 5:OC aitt t -e 9 fft a.m. to
9:00 a.m.. inclusive, and 4:00 j9Fft t- W.94 -pm
p.m, to 7:00.p.m. , inclusive, Monday through
Friday, inclusive, and two persons, including the driver, at all
other times.
http://info. sen. ca. gov/pub/bill/asnVab_0751-0800/ab_769_bill_20000526_amended_sen.html 6/27/00
AB 769 Assembly' Bill - AMENDED Page 2 of 2
(b) On or before January 1, 2001, the Department of Transportation
shall complete, and prepare and submit to the Legislature a report
regarding — an operational study concerning the
use of the lanes established pursuant to subdivision (a). That study
shall include,,but isnotlimited to, an analysis-of'any discernable
changes in motorist behavior as a result of the establishment of the
lanes. The study and report shall include an assessment of the
options available to the department in order to maximizethe use of
the lanes including, but not limited to, an analysis of opening an
additional lane, installing entrances and exits on the lane or lanes,
and other feasible proposals to relieve congestion on the Ban
Bernardino Freeways
(c) This section shall become inoperative on July 1, 2001, and, as
of January 1, 2002, is repealed, unless,a later enacted statute;
that becomes operative on or before January 1, 2002, deletes or
extends the dates on which it becomes inoperative and is repealed.
SEC. 2. This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall, go into immediate
effects The facts constituting the necessity are;
In order to relieve congestion on the San Bernardino Freeway at
the earliest possible time and to provide additional direction to the
Department of Transportation in undertaking the study and report
provided for in subdivision (b) of Sections 21655,12 of the Vehicle
Code, it is necessary that this act take effect immediately.
http://info. sen, ca, gov/pub/bill/asm/ab-0751-0800/ab_769_bill_20000526-atnended_sen.hfnl 6/27/00
INTEROFFICE MEMORANDUM
TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
FROM: TERRENCE L. BELANGER, CITY MANAGER
RE: PROPOSAL FOR THE LEASE OF CITY HALL SPACE AT THE
SCAQMD HEADQUARTERS BUILDING
DATE: JUNE 30, 2000
Recommendation:
It is recommended that the City Council accept the offer that has been made by the. South
Coast Air Quality Management District (letter offer dated June 14, 2000), which is
attached hereto. It is further recommended that the City Council direct staff to bring back
to the City Council a final lease agreement and a budget proposal for the change in City
Hall locations.
Discussion:
Over the past few weeks, there have been discussions between AQMD and City of
Diamond Bar staff, regarding the possibility of leasing of office space (12,117 sq. ft.), at
the AQMD Headquarters Building. The purpose of the discussion was for the relocation
of City Hall offices from the current Copley Drive location (21660 E. Copley Drive) to
the AQMD Headquarters Building (21865 E Copley Drive).
Staff met with Dr. Wallerstein, AQMD Executive Officer, on June 15'h to discuss
AQMD's most recent offer. We have reached the point in our, discussions whereby the
proposal reduces the City's downside risk, i.e., not being able to sub -let, the existing
leased office space, by providing the office space for up to a year (Jan. 31, 2001 to Jan.
31, 2002), without charge. This means that the City's exposure is five (5) months (Feb.
1, 2002 through June 30, 2002) of double lease payments (Muller and AQMD). The
AQMD proposal does not have a common area maintenance charge, which is a savings
compared to the existing lease. The proposed lease contract term is ten (10) years (Feb.
1, 2001 though Jan. 31, 2011). The AQMD would like to see the City move -in, on or
before January 31, 2001. AQMD will hold the space vacant through January 31, 2001,
without charge, for the City. Finally, the District Board proposes to rename the building
the Government Center.
Dr.' Wallerstein has discussed (June 16, 2000) the proposed offer with the AQMD Board.
The AQMD Board approved the offer:
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