HomeMy WebLinkAbout02/01/2005THIS MEETING IS BEING BROADCAST LIVE BY ADELPHIA FOR AIRING ON
CHANNEL 3 AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR
PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE -BROADCAST
EVERY SATURDAY AT 9:00 A.M. AND EVERY TUESDAY AT 8:00 P.M. ON
CHANNEL 3.
CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
February 1, 2005
Next Resolution No. 2005-09
Next Ordinance No. 02(2005)
CLOSED SESSION: 5:30 p.m., Room CC -8
Public Comments on Closed Session Agenda
Government Code Section 54957 Public Employee Evaluation
Title: City Manager
STUDY SESSION:
6:00 p.m., Room CC -8
Discussion of Ordinance No. 0X(2005) Adopting Development
Code Amendment No. 2005-01 Regarding Diamond Bar Municipal Code
Section 22.36 relating to the Substitution of Non -Commercial
Messages for On -Site Signs.
Public Comments
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
INVOCATION: Ahmad H. Sakr., PhD.
Islamic Education Center
ROLL CALL: Council Members Herrera, Zirbes, Mayor Pro
Tem O'Connor, Mayor Chang
APPROVAL OF AGENDA: Mayor
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Introduction of Ken Desforges, Information Systems Director.
1.2 Proclaiming February 4, 2005 as "Go Red for Women" Day.
1.3 Castle Rock Elementary School Tsunami Relief Effort.
FEBRUARY 1, 2005 PAGE 2 CITY COUNCIL
1.4 Presentation by ACE - Brea Canyon Road Grade Separation Project
NEW BUSINESS RECOGNITION
1.5 Presentation of City Tile to Shelly Meade, owner of Meade/Farmer's
Insurance Agency.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each
regular meeting agenda to provide an opportunity for members of the public to
directly address the Council on Consent Calendar items or matters of interest to
the public that are not already scheduled for consideration on this agenda.
Although the City Council values your comments, pursuant to the Brown Act, the
Council generally cannot take any action on items not listed on the posted
agenda. Please complete a
Speaker's Card and give it to the City Clerk (completion of this form is voluntary).
There is a five-minute maximum time limit when addressina the Citv Council.
4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the
City Council may briefly respond to public comments but no extended discussion
and no action on such matters may take place.
5. SCHEDULE OF FUTURE EVENTS:
5.1 PUBLIC SAFETY COMMITTEE — February 7, 2005 — 7:00 p.m.,
D.B./Walnut Sheriff Station, 21695 E. Valley Blvd.
5.2 PLANNING COMMISSION MEETING — February 8, 2005 — 7:00 p.m.
AQMD/Government Center Auditorium, 21865 Copley Dr.
5.3 TRAFFIC AND TRANSPORTATION COMMISSION MEETING — February
10, 2005 — 7:00 p.m., AQMD/Government Center Hearing Board Room,
21865 Copley Dr.
5.4 CITY COUNCIL CANDIDATE FILING PERIOD - February 14, 2005 —
March 11, 2005.
5.5 CITY COUNCIL MEETING - February 15, 2005-6:30 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr.
5.6 PRESIDENT'S HOLIDAY — City Offices closed Monday, February 21,
2005 in observance of President's Day. City offices will reopen Tuesday,
February 22, 2005 at 7:30 a.m.
5.7 HOUSEHOLD HAZARDOUS WASTE ROUND -UP — Saturday, February
26, 2005 9:00 — 3:00 p.m., 1300 block of Bridgegate Dr.
FEBRUARY 1, 2005 PAGE 3 CITY COUNCIL
6. CONSENT CALENDAR:
6.1 City Council Minutes:
6.1.1 Study Session of January 18, 2005 —Approve as submitted.
6.1.2 Regular Meeting of January 18, 2005 — Approve as submitted.
6.2 Planning Commission Minutes - December 14, 2004 - Receive and file.
6.3 Traffic and Transportation Commission Minutes — Regular Meeting of
November 9, 2004 - Receive and file.
6.4 Ratification of Check Register — Ratify Check Register containing
checks dated January 27, 2005 in a combined amount of $913,782.01.
6.5 Treasurer's Statement - month of December 2004.
Recommended Action: Review and Approve.
6.6 Reject Claim for Damages — Filed by Jesus S. Trinidad on January 14,
2005.
Recommended Action: Reject.
Requested by: City Clerk's Division
6.7 (a) Adopt Resolution No. 2005 -XX Ordering the City Engineer to
Prepare and File a Report Related to Maintenance of Public
Improvements in the City of Diamond Bar Assessment District No. 38
and any Assessment thereon for FY 2005-06.
Recommended Action: Adopt.
(b) Adopt Resolution No. 2005 -XX Ordering the City Engineer to
Prepare and File a Report Related to Maintenance of Public
Improvements in the City of Diamond Bar Assessment District No. 39
and any Assessment thereon for FY 2005-06.
Recommended Action: Adopt.
(c) Adopt Resolution No. 2005 -XX Ordering the City Engineer to
Prepare and File a Report Related to Maintenance of Public
Improvements in the City of Diamond Bar Assessment District No. 41
and any Assessment thereon for FY 2005-06.
FEBRUARY 1, 2005 PAGE 4 CITY COUNCIL
Recommended Action: Adopt.
Requested by: Public Works Division
6.8 Neighborhood Improvement Program and Home Improvement
Program Status Report.
Recommended Action: Receive and file.
Requested by: Planning Division
6.9 Adopt Resolution No. 2005 -XX Approving FY 2004-05 Municipal
Budget Amendment.
Recommended Action: Adopt.
Requested by: Finance Division
6.10 Ratification of an Award of Contract to Erosion Control Specialist for
Emergency Temporary Storm Protection and Appropriations of $43,
500 from the General Fund.
Recommended Action: Approve.
Requested by: Planning Division
6.11 Award of Construction Contract in the amount of $269,327 Plus 10%
Contingency Amount of $26,932.70 for a Total Authorization of
$296,259.70 to CS Legacy Construction, Inc. for Construction of
Improvements at Starshine Park, Plus Approval of an Allocation of
$92,521 of Prop. 40 Funds to Fully Fund the Project.
Recommended Action: Award and approve.
Requested by: Community Services Division
7. PUBLIC HEARINGS:
7.1 First Reading of Ordinance No. 0X(2005) Adopting Development
Code Amendment No. 2005-01 Regarding Diamond Bar Municipal Code
Section 22.36 relating to the Substitution of Non -Commercial
Messages for On -Site Signs.
Recommended Action: Approve for first reading by title only, waive full
reading.
FEBRUARY 1, 2005 PAGE 5 CITY COUNCIL
Requested by: Planning Division
COUNCIL CONSIDERATION: None
COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT:
'HIS MEETING IS BEING BROADCAST LIVE BY ADELPHIA FOR AIRING Ol'
;HANNEL 3 AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUF
'ERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE -BROADCAST
:VERY SATURDAY AT 9:00 A.M. AND EVERY TUESDAY AT 8:00 P.M. OI`
;HANNEL 3.
CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
February 1, 2005
Next Resolution No. 2005-09
Next Ordinance No. 02(2005)
CLOSED SESSION: 5:30 p.m., Room CC -8
Public Comments on Closed Session Agenda
Government Code Section 54957 Public Employee Evaluation
Title: City Manager
STUDY SESSION: 6:00 p.m., Room CC -8
Discussion of Ordinance No. 0X(2005) Adopting Development Code
Amendment No. 2005-01 Regarding Diamond Bar Municipal Code
Section 22.36 relating to the Substitution of Non-Commercia I
Messages for On -Site Signs.
Public Comments
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
INVOCATION: Ahmad H. Sakr., PhD.
Islamic Education Center
ROLL CALL: Council Members Herrera, Zirbes, Mayor Pro
Tem O'Connor, Mayor Chang
APPROVAL OF AGENDA: Mayor
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Introduction of Ken Desforges, Information Systems Director.
1.2 Proclaiming February 4, 2005 as "Go Red for Women" Day.
1.3 Castle Rock Elementary School Tsunami Relief Effort.
FEBRUARY 1, 2005 PAGE 2 CITY COUNCIL
1.4 Presentation by ACE -Brea Canyon Road Grade Separation Project
NEW BUSINESS RECOGNITION
1.5 Presentation of City Tile to Shelly Meade, owner of Meade/Farmer' s
Insurance Agency.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
3. PUBLIC COMMENTS: "Public Comments" isthe timereserved 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 itemsnot listed on the posted agenda. Please complete a
Speaker's Card and give itto the City Clerk (completion ofthis form isvoluntary).
There is a five-minute maximum time limit when addressing the City Council.
4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members ofthe City
Council may briefly respond to public comments but no extended discussion and no
action on such matters may take place.
5. SCHEDULE OF FUTURE EVENTS:
5.1 PUBLIC SAFETY COMMITTEE —February 7,2005 —7:00 p.m., D.B./Walnut
Sheriff Station, 21695 E. Valley Blvd.
5.2 PLANNING COMMISSION MEETING — February 8, 2005 — 7:00 p.m.
AQMD/Government Center Auditorium, 21865 Copley Dr.
5.3 TRAFFIC AND TRANSPORTATION COMMISSION MEETING — February
10, 2005 — 7:00 p.m., AQMD/Government Center Hearing Board Room,
21865 Copley Dr.
5.4 CITY COUNCIL CANDIDATE FILING PERIOD -February 14, 2005 —March
11, 2005.
5.5 CITY COUNCIL MEETING - February 15, 2005-6:30 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr.
5.6 PRESIDENT'S HOLIDAY — City Offices closed Monday, February 21, 2005
in observance of President's Day. City offices will reopen Tuesday, February
22, 2005 at 7:30 a.m.
5.7 HOUSEHOLD HAZARDOUS WASTE ROUND -UP —Saturday, February 26,
2005 9:00 — 3:00 p.m., 1300 block of Bridgegate Dr.
FEBRUARY 1, 2005 PAGE 3 CITY COUNCIL
6. CONSENT CALENDAR:
6.1 City Council Minutes:
6.1.1 Study Session of January 18, 2005 - Approve as submitted.
6.1.2 Regular Meeting of Januar y 18, 2005 - Approve as submitted.
6.2 Planning Commission Minutes - December 14, 2004 - Receive and file.
6.3 Traffic and Transportation Commission Minutes - Regular Meeting of
November 9, 2004 -Receive and file.
6.4 Ratification of Check Register - Ratify Check Register containing checks
dated January 27, 2005 in a combined amount of $913,782.01.
6.5 Treasurer's Statement - month of December 2004.
Recommended Action: Review and Approve.
6.6 Reject Claim for Damages - Filed by Jesus S. Trinidad on January 14,
2005.
Recommended Action: Reject.
Requested by: City Clerk's Division
6.7 (a) Adopt Resolution No. 2005 -XX Ordering the City Engineer to
Prepare and File a Report Relate d to Maintenance of Public
Improvements in the City of Diamond Bar Assessment District No. 38
and any Assessment thereon for FY 2005-06.
Recommended Action: Adopt
(b) Adopt Resolution No. 2005 -XX Ordering the City Engineer to
Prepare and File a Report Relate d to Maintenance of Public
Improvements in the City of Diamond Bar Assessment District No. 39
and any Assessment thereon for FY 2005-06.
Recommended Action: Adopt.
(c) Adopt Resolution No. 2005 -XX Ordering the City Engineer to
Prepare and File a Report Relate d to Maintenance of Public
Improvements in the City of Diamond Bar Assessment District No. 41
and any Assessment thereon for FY 2005-06.
Recommended Action: Adopt
FEBRUARY 1, 2005 PAGE 4 CITY COUNCIL
Requested by: Public Works Division
6.8 Neighborhood Improvement Program and Home Improvement Program
Status Report.
Recommended Action: Receive and file.
Requested by: Planning Division
6.9 Adopt Resolution No. 2005 -XX Approving FY 2004-05 Municipal Budget
Amendment.
Recommended Action: Adopt.
Requested by: Finance Division
6.10 Ratification of an Award of Contract to Erosion Control Specialist for
Emergency Temporary Storm Protection and Appropriations of $43, 500
from the General Fund.
Recommended Action: Approve.
Requested by: Planning Division
6.11 Award of Construction Contract in the amount of $269,327 Plus 10%
Contingency Amount of $26,932.70 for a Total Authorization of
$296,259.70 to CS Legacy Construction, Inc. for Construction of
Improvements at Starshine Park, Plus Approval of an Allocation of
$92,521 of Prop. 40 Funds to Fully Fund the Project.
Recommended Action: Award and approve.
Requested by: Community Services Division
7. PUBLIC HEARINGS:
7.1 First Reading of Ordinance No. 0X(2005) Adopting Development Code
Amendment No. 2005-01 Regarding Diamond Bar Municipal Code
Section 22.36 relating tothe Substitution ofNon-Commercia IMessages
for On -Site Signs.
Recommended Action: Approve for first reading by title only, waive full
reading.
Requested by: Planning Division
FEBRUARY 1. 2005 PAGE 5 CITY COUNCIL
COUNCIL CONSIDERATION: None
COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT:
CITY OF DIAMOND BAR
TREASURER'S MONTHLY CASH STATEMENT
December 31, 2004
SUMMARY OF CASH:
BEGINNING
TRANSFERS
ENDING
GENERAL ACCOUNT
BALANCE
RECEIPTS
DISBURSEMENTS IN (OUT)
BALANCE
GENERAL FUND
$22,692,428.98
$1,507,549.08
$1,658,109.82
$22,541,868.24
LIBRARY SERVICES FUND
0.00
PETTY CASH ACCOUNT
500.00
0.00
COMMUNITY ORG SUPPORT FD
(5,006.74)
200.00
(5,206.74)
GAS TAX FUND
833,712.53
833,712.53
TRANSIT TX (PROP A) FD
1,275,314.99
118,033.69
88,094.46
1,305,254.22
TRANSIT TX (PROP C) FD
867,390.96
65,833.15
$401,555.76
933,224.11
ISTEA Fund
0.00
149,332.97
0.00
INTEGRATED WASTE MGT FD
569,426.59
31,926.29
537,500.30
AB2928-TR CONGESTION RELIEF FD
0.00
TOTAL CASH
0.00
AIR QUALITY IMPRVMNT FD
155,121.65
18,173.22
1,028.75
172,266.12
PARK & FACILITIES DEVEL. FD
1,881,039.43
1,881,039.43
COM DEV BLOCK GRANT FD
(65,522.45)
13,100.54
(78,622.99)
CITIZENS OPT -PUBLIC SAFETY FD
318,473.57
3,322.33
315,151.24
NARCOTICS ASSET SEIZURE FD
314,314.22
314,314.22
CA LAW ENFORCEMENT EQUIP PRGM
71,135.79
71,135.79
LANDSCAPE DIST #38 FD
384,822.72
102,251.97
10,791.85
476,282.84
LANDSCAPE DIST #39 FD
226,161.39
65,001.76
29,745.99
261,417.16
LANDSCAPE DIST #41 FD
332,239.96
48,697.18
3,711.98
377,225.16
GRAND AV CONST FUND
111,579.53
111,579.53
CAP IMPROVEMENT PR] FD
(1,431,098.15)
42,665.92
(1,473,764.07)
SELF INSURANCE FUND
1,318,192.28
1,318,192.28
EQUIPMENT REPLACEMENT FUND
194,996.31
194,996.31
COMPUTER REPLACEMENT FUND
(4,061.55)
(4,061.55)
PUBLIC FINANCING AUTHORITY FUND
572,251.26
590.36
21,952.89
550,888.73
TOTALS
$30,612,913.27
$1,926,130.41
$1,904,650.82 $0.00
$30,634,392.86
SUMMARY OF CASH:
DEMAND DEPOSITS:
GENERAL ACCOUNT
($69,946.11)
PAYROLL ACCOUNT
(88,600.24)
CHANGE FUND
250.00
PETTY CASH ACCOUNT
500.00
TOTAL DEMAND DEPOSITS
($157,796.35)
INVESTMENTS:
US TREASURY Money Market Acct.
$752,604.68
LOCAL AGENCY INVESTMENT FD
29,488,695.80
30,241,300.48
CASH WITH FISCAL AGENT:
US TREASURY Money Market Account
$401,555.76
LOCAL AGENCY INVESTMENT FD
149,332.97
(Bond Proceeds Account)
550,888.73
TOTAL CASH
$30,634,392.86
Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. There are two LAIF accounts set up. The regular account's funds are available for
withdrawal within 24 hours. The LAIF Bond Proceeds account's withdrawals require 30 days notice.
As a secondary investment option, the City maintains the US Treasury Sweep Accounts with Wells Fargo and the City's Fiscal Agent, Union Bank of California. Any excess funds are
"swept" on a daily basis from the City's bank accounts and are invested overnight in a pool of US Treasury Notes. Interest is credited to the City's bank accounts on a monthly basis.
L.A.I.F - Effective Yield - December 2004 2.134%
Wells Fargo Money Mkt -Effective Yield - December 2004 1.395%
Union Bank Money Mkt - Effective Yield - December 2004 1.570%
All investments are placed in accordance with the City of Diamond Bar's Investment Policy.
The above summary provides sufficient cash flow liquidity to meet the next six month's
estimated expenditures.
Linda C. Lowry, Treasurer
Agenda No. 6.1.1
CITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION
JANUARY 18, 2005
STUDY SESSION: Mayor Chang called the Study Session to order at
5:23 p.m. in Room CC -8 of the South Coast Air Quality Management
District/Government Center, 21865 Copley Dr., Diamond Bar, CA.
Present: Council Members Herrera, Zirbes, Mayor Pro Tem
O'Connor and Mayor Chang.
Staff Present: Linda Lowry, City Manager; Michael Jenkins, City
Attorney; James DeStefano, Assistant City Manager; David Doyle, Assistant City
Manager and Acting City Clerk; David Liu, Director of Public Works; Bob Rose,
Community Services Director; Ken DesForges, IT Director; Linda Magnuson, Finance
Director; Nancy Fong, Planning Manager; Ann Lungu, Associate Planner; Sharon
Gomez, Senior Management Analyst; April Blakey, Public Information Manager; and
Tommye Cribbins, Executive Asst.
Business Licensing:
ACM/DeStefano reviewed prior Council discussions on the matter of Business Licensing
in the City and indicated that staff was recommending that Council allow staff to develop
appropriate Ordinances and Resolutions to move the City into a Business Registration
program with an initial fee of $30, an annual renewal of $10.00 and continue with the
Los Angeles County Business Licensing. At Council's direction staff would take all
necessary steps toward formal adoption and implementation by July 1, 2005.
MPT/O'Connor asked why staff was recommending a renewal fee.
ACM/DeStefano responded that revenue from renewal fees would allow staff to
maintain inventory for marketing economic development and assure that the City was
receiving the proper sales tax if the business were determined to be a sales tax
producing entity.
MPT/O'Connor asked if staff believed the home-based businesses would come forward.
ACM/DeStefano said there was no certainty that home-based businesses would reveal
their business. However, staff would work with the Chamber to market the City's
reasons for implementing a process that would include an opportunity for those
businesses to be listed and become known as a provider of services to the community.
MPT/O'Connor expressed concern about the motivation of the program.
C/Zirbes said that the ordinance would contain a first violation fine of not less than $100
for operating in the City without a business registration. In his opinion there were
numerous good reasons to register businesses and felt the City should move forward.
He was concerned about charging $30 for the initial registration and felt the charge
should be lowered to a $10 one-time charge. Personally, he would prefer to have a no-
JANUARY 18, 2005 PAGE 2 CC STUDY SESSION
cost registration fee but understood there was an initial cost for software and staff time.
He also felt it might take a couple of years to get everyone to participate in the program.
MPT/O'Connor asked if the goal was to register everyone who did not have a business
license or businesses including those that have a business license with the County of
Los Angeles.
ACM/DeStefano stated that in staff's view all business and all individuals conducting
business in the City should be included in the Business Registration list. For example,
the Mary Kay person working out of her home, the roofing contractor who comes into
the City to roof a house as well as a business operator who was located within the City
would be included. He confirmed to MPT/O'Connor that business registration would
apply to Waste Management and Valley Vista.
M/Chang said that in spite of future problems he felt there would be more benefit to the
City and its businesses with implementation of this program. He agreed with C/Zirbes
that the program should be easier to implement by establishing a $10 one-time
registration fee and believed it would be appropriate to charge a $10 annual renewal
fee.
MPT/O'Connor asked if each individually licensed cosmetologist doing business inside a
beauty salon would have to register under the program.
ACM/DeStefano responded that a determination had yet been made for those types of
situations.
CM/Lowry felt it would be useful for the City to know how many individuals worked
within each business because the City has no idea how many people drive to D.B. to
work each day and this program would allow the City to capture information useful to
economic development.
ACM/DeStefano stated that this type of program is very common to other cities. The
programs are conducted differently and cities charge significantly more than this Council
is contemplating.
C/Herrera agreed with the $10 fee.
MPT/O'Connor concurred.
ACM/DeStefano concluded that Council's direction was to move forward to implement
the program based on a $10 startup registration fee and a $10 annual renewal fee and
said that staff would report back to the Council in about eight weeks.
JANUARY 18, 2005 PAGE 3 CC STUDY SESSION
Goals and Objectives:
CM/Lowry provided Council with a list of its goals and objectives. DBTV Channel 3 does
not appear on the Council's list. However, with a number of staff members leaving there
is an opportunity to use resources to expand the cable usage if the Council were
interested.
M/Chang felt the City should better utilize Channel 3 by including public service
announcements for all organizations, non-profit organizations, schools, as well as
publicizing ordinances and regulations, talking about City beautification projects, etc.
For instance, the City could use the technologically advanced studio and students at
CalPoly to operate the station through an internship program instead of hiring additional
profession staff members and purchase technical equipment to run the programs. In
turn the school would have the benefit of Channel 3 to advertise its programs. He
encouraged Council Members and staff members to visit the studio. Perhaps the City
could similarly cooperate with other schools like Mt. SAC and Claremont College.
CM/Lowry said that the City was not looking to create a cable TV empire but wanted to
find out Council's interest in order to determine what opportunities were available in
hiring new staff members and look for ways to pilot programming rather than hand it
over to a volunteer group or non-profit organization.
MPT/O'Connor felt that money used for producing a birthday party video could be better
utilized toward DBTV and staff person who could produce such items. In addition, there
were also public works activities that could be promoted through Channel 3.
CM/Lowry suggested that D.B. could create an educational video library to help tell the
story to staff members, elected officials and residents about its complicated
transportation initiatives so that the videos could be used to pitch initiatives to agencies
such as MTA, Orange County Transportation Authority, Caltrans, COG, etc. The story
could be told through a video showing on Channel 3, for instance. Staff would like to
make a presentation to the Council proposing a SR57/60 video with emphasis on
expanding the limits of DBTV toward promoting the City's initiatives and goals.
MPT/Herrera believed that staff should present Council with a full proposal including
costs for expanding the prepared information for distribution as envisioned. She also felt
M/Chang's idea for showcasing other groups was a great idea. D.B.H.S. has a TV
production class and they may be available to produce videos. There are many
opportunities for expanding the use of the TV channel.
CM/Lowry felt that the opportunity extended well beyond using volunteers and that the
City should use the channel to the greatest extent possible to communicate with the
City's constituents.
Council concurred to receive staff's proposal on the matter.
Mid -Year Budget Review
JANUARY 18, 2005 PAGE 4 CC STUDY SESSION
FD/Magnuson presented the Mid -Year Budget Amendment. Staff was concerned about
the revenues and how the State Budget crisis actually affected the City. During its
review of the matter, staff found that collections were not in line with what was
anticipated. Prior to the "Triple Flip", the State, a few years ago, reduced motor vehicle
in -lieu license fees that resulted in a two-thirds cut to the City ($3 million to $1 million).
Subsequently legislation was passed to direct the State to set aside monies to repay the
cities in 2006/2007 (almost $1 million). When the "Triple Flip" came into play sales tax
was affected. Normally D.B. receives one (1) percent of the sales tax generated within
the City. The first flip dictated that 25 percent of the one percent would go to the State to
pay off the deficit bond. The second flip was that cities would be reimbursed the 25
percent with an additional property tax allocation on a bi-annual basis. D.B. should
receive its first payment in two days. Repayments of the 25 percent of the one percent
should be received in January and in May. The third part of the flip was that the State
would backfill the education relief augmentation funds (ERAF) with General Funds. The
result was a zero net effect from the triple flip. Two-thirds of the VLF that the City lost as
a result in the reduction of motor vehicle fees to citizens was supposed to be backfilled
by the State through General Fund Revenue and the City will receive two installment
payments, one in January and the second in May. There was a slight change in the
allocation method that resulted in a reduction to the City. In August 2004 legislation was
passed to enact the ERAFIII that takes money from the Cities' property taxes to
replenish ERAF funds back to the schools. The bottom line is that the City of D.B. would
receive a net difference of $5,950.
ACM/Doyle explained that to date the net loss of revenue to the City was closer to
$400,000. The City knew that it would take hits in the budget process and adjusted
revenues accordingly. He did not want the Council to get a sense that the City lost only
$6,000 on the statewide adjustments.
FM/Magnuson explained the Mid Year Budget Amendment report line items.
CM/Lowry said that this amendment was not scheduled for Council Agenda this evening
because information regarding the State Budget items was not forthcoming until today
and that the matter would be placed on the next agenda.
Public Comments: None Offered.
ADJOURNMENT: With no further business to come before the City Council,
M/Chang adjourned the Study Session at 6:15 p.m.
Linda C. Lowry, City Clerk
The foregoing minutes are hereby approved this day of , 2005.
JANUARY 18, 2005 PAGE 5 CC STUDY SESSION
WEN CHANG, Mayor
Agenda No. 6.1.1
CITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION
JANUARY 18, 2005
STUDY SESSION: Mayor Chang called the Study Session to order at
5:23 p.m. in Room CC -8 of the South Coast Air Quality Management
District/Govemm ent Center, 21865 Copley Dr., Diamond Bar, CA.
Present: Council Members Herrera, Zirbes, Mayor Pro Tem
O'Connor and Mayor Chang.
Staff Present: Linda Lowry, City Manager; Michael Jenkins, City
Attorney; James DeStefano, Assistant City Manager; David Doyle, Assistant City
Manager and Acting City Clerk; David Liu, Director of Public Works; Bob Rose,
Community Services Director; Ken Des Forges, IT Director; Linda Magnuson, Finance
Director; Nancy Fong, Planning Manager; Ann Lungu, Associate Planner; Sharon
Gomez, Senior Management Analyst; April Blakey, Public Information Manager; and
Tommye Cribbins, Executive Asst.
Business Licensing:
ACM/DeStefano reviewed prior Council discussions on the matter of Business Licensing
in the City and indicated that staff was recommending that Council allow staff to develop
appropriate Ordinances and Resolutions to move the City into a Business Registration
program with an initia I fee of $30, an annual renewal of $10.00 and continue with the
Los Angeles County Business Licensing. At Council's direction staff would take all
necessary steps toward formal adoption and implementation by July 1, 2005.
MPT/O'Connor asked why staff wa s recommending a renewal fee.
ACM/DeStefano responded that revenue from renewal fees would allow staff to
maintain inventory for marketing economic development and assure that the City was
receiving the proper sales tax if the business were determined to be a sales tax
producing entity.
MPT/O'Connor asked if staff believed the home-based businesses would come forward.
ACM/DeStefano said there was no certainty that home-based businesses would reveal
their business. However, staff would work with the Chamber to market the City's
reasons for implementing a process that would include an opportunity for those
businesses to be listed and become known as a provider of services to the community.
MPT/O'Connor expressed concern about the motivation of the program.
C/Zirbes said that the ordinanc e would contain a first violation fine of not less than $100
for operating in the City without a business registration. In his opinion there were
numerous good reasons to register businesses and felt the City should move forward.
He was concerned about charging $30 for the initial registration and felt the charge
should be lowered to a $10 one-time charge. Personally, he would prefer to have a no-
JANUARY 18, 2005 PAGE 2 CC STUDY SESSION
cost registration fee but understood there was an initial cost for software and staff time.
He also felt it might take a couple of years to get everyone to participate in the program.
MPT/O'Connor asked if the goal was to register everyone who did not have a business
license or businesses including those that have a business license with the County of
Los Angeles.
ACM/DeStefano stated that in staffs view all business and all individuals conducting
business in the City should be included in the Business Registration list. For example,
the Mary Kay person working out of her home, the roofing contractor who comes into
the City to roof a hous a as well as a business operator who was located within the City
would be included. He confirmed to MPT/O'Connor that business registration would
apply to Waste Management and Valley Vista.
M/Chang said that in spite of future problems he felt there would be more benefit to the
City and its businesses with implementation of this program. He agreed with C/Zirbes
that the program should be easier to implement by establishing a $10 one-time
registration fee and believed it would be appropriate to charge a $10 annual renewal
fee.
MPT/O'Connor asked if each individually licensed cosmetologist doing business inside
a beauty salon would have to register under the program.
ACM/DeStefano responded that a determinati on had yet been made for those types of
situations.
CM/Lowry felt it would be useful for the City to know how many individuals worked
within each business because the City has no idea how many people drive to D.B. to
work each day and this program would allow the City to capture information useful to
economic development.
ACM/DeStefano stated that this type of program is very common to other cities. The
programs are conducted differently and cities charge significantly more than this Council
is contemplating .
C/Herrera agreed with the $10 fee.
MPT/O'Connor concurred.
ACM/DeStefano concluded that Council's direction was to move forward to implement
the program based on a $10 startup registration fee and a $10 annual renewal fee and
said that staff would report back to the Council in about eight weeks.
JANUARY 18, 2005 PAGE 3 CC STUDY SESSION
Goals and Objectives:
CM/Lowry provided Council with a list of its goals and objectives. DBTV Channel 3 does
not appear on the Council's list. However, with a number of staff members leaving there
is an opportunity to use resources to exp and the cable usage if the Council were
interested.
M/Chang felt the City should better utilize Channel 3 by including public service
announcements for all organizations, non-profit organizations, schools, as well as
publicizing ordinances and regulations, talking about City beautification projects, etc.
For instance, the City could use the technologically advanced studio and students at
CalPoly to operate the station through an intern ship program instead of hiring additional
profession staff members and purchase technical equipment to run the programs. In
turn the school would have the benefit of Channel 3 to advertise its programs. He
encouraged Council Members and staff members to visit the studio. Perhaps the City
could similarly cooperate with other schools like Mt. SAC and Claremont College.
CM/Lowry said that the City was not looking to create a cable TV empire but wanted to
find out Council's interest in order to determine what opportunities were available in
hiring new staff members and look for ways to pilot programming rather than hand it
over to a volunteer group ornon-profit organization.
MPT/O'Connor felt that money used for producing a birthday party video could be better
utilized toward DBTV and staff person who could produce such items. In addition, there
were also public works activities that could be promoted through Channel 3.
CM/Lowry suggested that D.B. could create an educational video library to help tell the
story to staff members, elected officials and residents about its complicated
transportation initiatives so that the videos could be used to pitch initiatives to agencies
such as MTA, Orange County Transportation Authority, Caltrans, COG, etc. The story
could be told through a video showing on Ch annel 3, for instance. Staff would like to
make a presentation to the Council proposing a SR57/60 video with emphasis on
expanding the limits of DBTV toward promoting the City's initiatives and goals.
MPT/Herrera believed that staff should present Council with a full proposal including
costs for expanding the prepared information for distribution as envisioned. She also felt
M/Chang's idea for showcasing other groups was a great idea. D.B.H.S. has a TV
production class and they may be available to produce videos. There are many
opportunities for expanding the use of the TV channel.
CM/Lowry felt that the opportunity extended well beyond using volunteers and that the
City should use the channel to the greatest extent possible to communicate with the
City's constituents.
Council concurred to receive staffs proposal on the matter.
JANUARY 18, 2005 PAGE 4 CC STUDY SESSION
Mid -Year Budget Review
FD/Magnuson presented the Mid -Year Budget Amendment. Staff was concerned about
the revenues and how the State Budget crisis actually affected the City. During its
review of the matter, staff found that collections were not in line with what was
anticipated. Prior to the "Triple Flip", the State, a few years ago, reduced motor vehicle
in -lieu license fees that resulted in a two-thirds cut to the City ($3 million to $1 million).
Subsequently legislation was passed to direct the State to set aside monies to repay the
cities in 2006/2007 (almost $1 million). When the "Triple Flip" came into play sales tax
was affected. Normally D.B. receives one (1 ) percent of the sales tax generated within
the City. The first flip dictated that 25 percent of the one percent would go to the State to
pay off the deficit bond. The second flip was that cities would be reimbursed the 25
percent with an additional property tax allocation on a bi-annual basis. D.B. should
receive its first payment in two days. Repayments of the 25 percent of the one percent
should be received in January and in May. The third part of the flip was that the State
would backfill the education relief augmentati on funds (ERAF) with General Funds. The
result was a zero net effect from the triple flip. Two-thirds of the VLF that the City lost as
a result in the reduction of motor vehicle fees to citizens was supposed to be backfilled
by the State through General Fund Revenue and the City will receive two installment
payments, one in January and the second in May. There was a slight change in the
allocation method that resulted in a reduction to the City. In August 2004 legislation was
passed to enact the ERAFIII that takes money from the Cities' property taxes to
replenish ERAF funds back to the schools. The bottom line is that the City of D.B. would
receive a net difference of $5,950.
ACM/Doyle explained that to date the net loss of revenue to the City was closer to
$400,000. The City knew that it would take hits in the budget process and adjusted
revenues accordingly. He did not want the Council to get a sense that the City lost only
$6,000 on the statewide adjustments.
FM/Magnuson explained the Mid Year Budget Amendment report line items.
CM/Lowry said that this amendment was not scheduled for Council Agenda this evening
because information regarding the State Budget items was not forthcoming until today
and that the matter would be placed on the next agenda.
Public Comments: None Offered.
ADJOURNMENT: With no further business to come before the City Council,
M/Chang adjourned the Study Session at 6:15 p.m.
Linda C. Lowry, City Clerk
JANUARY 18, 2005 PAGE 5 CC STUDY SESSION
The foregoing minutes are hereby approved this day of , 2005.
W ff N CHANG, Mayor
Agenda No. 6.1.2
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
JANUARY 18, 2005
CLOSED SESSION: 4:30 p.m., Room CC -8, SCAQMD/Government Center
Building, 21825 Copley Drive, Diamond Bar, CA 91765
Public Comments: None
Conference with Real Property Negotiators: Government Code Section
54956.8 (Two Cases)
(1) Property Negotiations: Address: Sandstone Canyon Agency
AGENCY NEGOTIATOR: City Manager
NEGOTIATING PARTY: Walnut Valley Unified School District
UNDER NEGOTIATION: Price and terms of Payment
(2) Property Negotiations: Address: Portion of Lot 1, Tract No. 31479,
Lot 61, Tract No. 42557
AGENCY NEGOTIATOR
NEGOTIATING PARTY
UNDER NEGOTIATION
City Manager
D & L Properties, Inc.
Price and terms of Payment
Government Code Section 54957 Public Employee Evaluation
Title: City Manager
STUDY SESSION: Mayor Chang called the City Council Study Session to
order at 5:36 p.m. in Room CC -8 of the SCAQMD/Government Center Building, 21825
Copley Drive, Diamond Bar, CA 91765
Business Licensing
Goals and Objectives
Mid -Year Budget Review
M/Chang adjourned the Study Session to the Regular Meeting at 6:15 p.m.
JANUARY 18, 2005 PAGE 2 CITY COUNCIL
CALL TO ORDER: Mayor Chang called the regular City Council meeting
to order at 6:35 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley
Dr., Diamond Bar, CA.
PLEDGE OF ALLEGIANCE: C/Zirbes led the Pledge of Allegiance.
INVOCATION: Ab Kastl, Diamond Canyon Christian Center gave the
invocation.
ROLL CALL: Council Members Herrera, Zirbes, Mayor Pro
Tem O'Connor and Mayor Chang.
Staff Present: Linda Lowry, City Manager; Michael Jenkins, City
Attorney; James DeStefano, Assistant City Manager; David Doyle, Assistant City
Manager and acting City Clerk; David Liu, Director of Public Works; Bob Rose,
Community Services Director; Linda Magnuson, Finance Director and April Blakey,
Public Information Manager.
APPROVAL OF AGENDA: CM/Lowry requested that Item 8.1 be amended to be
a request for waiver of rental fees at Heritage Park as permitted in the current User
Policy.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Public Works Investment Summary — Power Point Presentation by
DPW/Liu and Public Works staff taking the audience from Diamond Bar
Ranch days to the current point in history with attention to the
Department's vision for completed and future projects intended to
preserve the City's infrastructure, and an investment of nearly
$40,000,000.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/Lowry
introduced ACM/DeStefano who gave a brief update on the City's declared State
of Emergency due to the storm -related landslides and sloughs that occurred in
D.B. between Minnequa and Sunset Crossing, at Summitridge Park, and on City
owned property at the intersection of Gold Rush and D.B. Blvd. Residents of the
affected area between Minnequa and Sunset Crossing were evacuated as a
precautionary measure. No one was injured in the incident. The hillsides are
saturated and water continues to find its way down to the low points. Due to
public safety concerns residents were advised to seek shelter away from their
homes until the properties were deemed safe for limited occupancy.
ACM/DeStefano stated that on January 12th CM/Lowry declared a local State of
Emergency that followed the State of Emergency declared by Los Angeles
County on January 10. On Saturday, January 15th Governor Schwarzenegger
declared certain areas within the State of California as disaster areas and the
City anticipates the Governor's Declaration to extend to the entire County of Los
Angeles along with other counties in the State. Such Declaration opens the
JANUARY 18, 2005 PAGE 3 CITY COUNCIL
possibility of Federal funding and resources for mitigation. Following the City's
Declaration, staff met with all five affected property owners in the Sunset
Crossing/Minnequa area to discuss current conditions, the reasons that certain
properties were red tagged to prohibit
occupancy, availability of housing assistance offered through the Red Cross,
describe security measures implemented to assist in property protection and
commenced discussions regarding short-term and long-term requirements of
property owners to repair their properties. Today the City caused the "staking" of
the landslide area through a City geologist in order to monitor the area for further
land slippage. As a result of further inspection it was determined that the slide
mass continues to move slightly while "airing out" because of good weather and
sunshine.
Based on current information it is impossible to determine whether the mass will
continue to move. However, as a preventative measure, residents were advised
not to occupy their homes until further notice. Because there is a need to
immediately protect the hillside from further erosion, the City has, at the request
of the residents, initiated a plan to cover the landslide area and to help correct
current drainage problems. The City will cause construction of a cover for the
area and will implement sandbagging and erosion control. The homeowners will
be invoiced for mitigation services when appropriate. Staff continues to work with
issues to determine whether some of the units are appropriate for occupancy.
Appropriate County, State and Federal agencies including OEM and FEMA were
notified and will visit the properties within the next few work days in order to
provide eyewitness to the events that occurred on January 12 and to assist in the
declaration by the President that Los Angeles County is a Disaster Area. An
information sheet was provided to 85 adjacent neighbors of the affected area and
the City continues to provide information about how residents can prepare for
winter storms and remain vigilant and monitor the affected properties until a final
solution is reached for reconstruction of the properties.
MPT/O'Connor said that several residents had contacted her offering their
assistance. She also said she was in the process of contacting a bank and non-
profit organizations to set up an account to receive donations for the affected
residents to assist them in mitigating their properties.
C/Herrera thanked staff for their intervention and reminded residents that
although the City is not obligated to pay for the mitigation it is evident that the
residents greatly appreciate the City's assistance in implementing immediate
emergency measures and recommending competent companies for the repair
work.
C/Zirbes said he was shocked and devastated to see how much earth had
moved. He was very glad no one was injured and thanked staff for their quick
action and for taking a leadership role. He suggested that the safety measures
referred to by ACM/DeStefano be rolled on Channel 3.
M/Chang also appreciated staff's quick response and interaction with the
JANUARY 18, 2005 PAGE 4 CITY COUNCIL
residents to prevent damage to life and lessen the inevitable damage to property.
The City will move to seek emergency Federal and State funding to assist the
homeowners in their mitigation efforts.
ACM/DeStefano reported that tomorrow morning staff would meet with four
contractors who would bid on coverage of the area. Bids are due within 36 hours
of
tomorrow's presentation and staff anticipated that the property would be covered
well in advance of the next rainstorm contemplated for the middle to end of next
week.
3. PUBLIC COMMENTS: Joe McManus explained that there was a need
to raise money to cover the cost of damage and mitigation because this event
was not covered by insurance.
Junay Gardner Logan, Chief of Staff for Assemblyman Bob Huff said she would
be in the district office in the City of Industry for the next two days. She reported
that Mr. Huff was moving his district office from Industry to D.B. as soon as office
space becomes available. She said that the district and capitol staff were
available to assist the City Council Members and City staff with state related
issues.
Kandice Moore, and two other members representing the D.B.H.S. Advanced
Show Choir, asked people to purchase the choir's cookbooks and support the
choir in their fundraising effort so that the choir members could compete on a
national level in New York. The cost is $1200 per student. The choir would
appreciate financial assistance to attend the event. They indicated that it had
been difficult and discouraging for them to get sponsorship because people said
they would rather contribute to sports organizations than to the choir.
Jack Tanaka, President, D.B. Breakfast Lions Club, invited the public to
participate in the Windmill Plaque Dedication at 9:00 a.m. on Saturday, January
22 in the Ralph's Shopping Center at Grand Ave. and D.B. Blvd. The project was
a joint effort by the D.B. Breakfast Lions Club and the Historical Society.
Chuck Horvath spoke about the process of electing officials and how he felt that
Eileen Ansari had been and continued to be unfairly attacked by lies. She
continues to be a viable candidate for future local and State office and in his
opinion, some political machine does not want people's vote for her to be
counted. D.B. elections send an improper signal to the next generation of
candidates and voters because of unethical political methods employed by
candidates and their constituents. High school students should be taught more
ethics. He said that candidates needed to set a good example for the City's youth
and residents by allowing election campaigns to run a natural course in a clean
and ethical environment.
Jack Tanaka said he thought the D.B.H.S. choir was an excellent group and
asked for financial support so that the choir could represent the City of D.B. by
JANUARY 18, 2005 PAGE 5 CITY COUNCIL
participating in the national competition in New York.
4. RESPONSE TO PUBLIC COMMENTS: C/Herrera asked the D.B.H.S.
choir members for a phone number to call in case individuals wished to purchase
the cookbook. She purchased a cookbook for each of her two daughters at the
Snowfest and her daughters were thrilled with the gift.
A choir member responded that anyone interested in purchasing a cookbook
should call D.B.H.S. at 594-1405 and ask for the Choir Director Dave Willard at
extension 33369. The cookbook sells for $20 and half of the purchase price goes
toward supporting the choir.
C/Zirbes said his kids had been involved in Dave Willard's programs for six
years. He has a box of cookbooks and the books contain great recipes and make
excellent gifts. The choir program is a great program and the kids that participate
are award winning kids and well-respected and renowned throughout southern
California. Please support the choir.
M/Chang suggested that the students contact staff about whether there was a
community fund available to assist the choir. He said he would purchase a
cookbook and also donate additional money to support the choir.
5. SCHEULE OF FUTURE EVENTS:
5.1 D.B. COMMUNITY FOUNDATION — January 20, 2005 — 7:00 p.m., Room
CC -8 AQMD/Government Center, 21865 Copley Dr.
5.2 PLANNING COMMISSION MEETING — January 25, 2005 — 7:00 p.m.,
Auditorium, AQMD/Government Center Auditorium, 21865 Copley Dr.
5.3 PARKS AND RECREATION COMMISSION MEETING — January 27,
2005 — 7:00 p.m., Hearing Board Room, AQMD/Government Center,
21865 Copley Dr.
5.4 CITY COUNCIL MEETING — February 1, 2005 — 6:30 p.m., Auditorium,
AQMD/Government Center, 21865 Copley Dr.
6. CONSENT CALENDAR: MPT/O'Connor moved, C/Zirbes seconded to approve
the Consent Calendar as presented. Motion carried by the following Roll Call
vote:
AYES: COUNCIL MEMBERS: Herrera, Zirbes, MPT/O'Connor,
M/Chang
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
JANUARY 18, 2005 PAGE 6 CITY COUNCIL
6.1 APPROVED CITY COUNCIL MINUTES — Regular Meeting of January 4,
2005 — As Submitted.
6.2 RATIFICATIED CHECK REGISTER — containing checks dated January
13, 2005 for a total amount of $559,424.79.
6.3 APPROVED FOR SECOND READY BY TITLE ONLY, WAIVED FULL
READING AND ADOPTED ORDINANCE NO. 01(2005) ADOPTING
ZONE CHANGE NO. 2002-03 CHANGING THE EXISTING ZONING
FROM R-1-20,000 TO RURAL RESIDENTIAL (RR) FOR PROPERTY OF
APPROXIMATELY 7.5 ACRES IDENTIFIED AS APN #8713-0289-030
LOCATED AT THE TERMINUS OF ALAMO HEIGHTS DRIVE (EAST
SIDE) AND AMENDING THE ZONING MAP OF THE CITY OF DIAMOND
BAR (WITHIN "THE COUNTRY ESTATES.")
6.4 APPROVED CONTRACT AMENDMENT WITH GFB-FRIEDRICH &
ASSOCIATES, INC. FOR ASSESSMENT ENGINEERING SERVICES
FOR LANDSCAPING ASSESSMENT DISTRICT NO.'S 38, 39 AND 41
FOR A PERIOD OF THREE (3) YEARS FOR A TOTAL CONTRACT
AMOUNT OF $36,070 PLUS A CONTINGENCY AMOUNT OF $5,000.
6.5 (a) ADOPTED RESOLUTION NO. 2005-05: REQUESTING THE BOARD
OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER
SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT
OF A SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
JUNE 7, 2005.
(b) ADOPTED RESOLUTION NO. 2005-06: ADOPTING REGULATIONS
FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATES' STATEMENTS SUBMITTED TO THE VOTERS AT AN
ELECTION TO BE HELD ON TUESDAY, JUNE 7, 2005.
6.6 AUTHORIZED THE CITY MANAGER TO ENTER INTO AN AGREEMENT
WITH MARTIN & CHAPMAN FOR ELECTION SERVICES AND
SUPPLIES FOR THE JUNE 7, 2005 ELECTION AT A COST NOT TO
EXCEED $40,000 AND APPROPRIATE THE FUNDS FROM GENERAL
FUND RESERVES.
6.7 APPROVED CHANGE OF DELEGATE APPOINTMENTS TO THE L.A.
COUNTY SANITATION DISTRICT NO. 21 AND ADOPTED
RESOLUTION NO. 2005-07: CONFIRMING THE APPOINTMENT OF
SPECIAL REPRESENTATIVES TO THE BOARD OF THE SAN GABRIEL
VALLEY COUNCIL OF GOVERNMENTS.
JANUARY 18, 2005 PAGE 7 CITY COUNCIL
6.8 ADOPTED RESOLUTION NO. 2005-08: RATIFYING EMERGENCY
DECLARATION ISSUED BY THE CITY MANAGER ON JANUARY 12,
2005 DECLARING A LOCAL EMERGENCY.
7. PUBLIC HEARINGS: None
8. COUNCIL CONSIDERATION:
8.1 CONSIDERATION OF APPROVAL OF WAIVER FOR ROOM RENTAL
FEES AT HERITAGE PARK FOR CALIFORNIA STATE ASSEMBLYMAN
BOB HUFF FOR A STAFF TRAINING DAY.
CM/Lowry reported that the Heritage Park Facility Use Policy allows the
Council, at its discretion, to waive fees. The fee amount for this use would
be approximately $900. Staff recommends approval of the waiver.
C/Herrera felt the City had benefited from good relationships with its
legislators. In years past Assemblyman Gary Miller proposed a bill that
allowed D.B. to receive an additional two years of vehicle license fee
funds. She felt it was important to continue good working relationships with
all
legislators and honor these types of requests.
MPT/O'Connor moved, C/Herrera seconded to approve waiver for room
rental fees at Heritage Park for California State Assemblyman Bob Huff for
a staff -training day.
M/Chang recommended that staff consider amending the Use Policy to
waive all fees for legislators.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, Zirbes, MPT/O'Connor,
M/Chang
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
C/Herrera said she intended to propose a revision in the City's Facilities Use
Policy. However, to expand on M/Chang's previous comment there could come a
time when the San Gabriel Valley Council of Governments or SCAG wanted to
meet at the Diamond Bar Center, for instance, and she would like for staff to
expand the policy to include legislators and other local governmental
organizations with which D.B. participates. She reported with pride that
Assemblyman Bob Huff was named Vice Chairman of the Assembly
Transportation Committee for the State, a phenomenal accomplishment for an
JANUARY 18, 2005 PAGE 8 CITY COUNCIL
incoming legislator. Senator Bob Margett is on the Senate Transportation
Committee and Congressman Gary Miller serves on the National Transportation
Committee. D.B. has numerous transportation issues being situated at the
intersection of the SR57/60 interchange and when problems occur on the
freeway the traffic spills onto the City's streets. Therefore, it benefits D.B. to work
on regional transportation issues such as longer port hours that would relieve
D.B. congestion during peak hours and result in cleaner air for the City.
C/Zirbes congratulated Bob Huff on his appointment as Vice Chairman of the
Transportation Committee. He was also pleased that Mr. Huff and his staff were
coming to D.B. to witness firsthand the traffic congestion. Last week he and
M/Chang presented the State of the City address at the Diamond Bar Center. He
said he looked forward to working with everyone to attain the goals set forth for
the betterment of D.B.
MPT/O'Connor congratulated D.B.H.S. and Walnut Valley School District on
achieving number one nationwide recognition for the advanced placement
program.
M/Chang offered congratulations to Assemblyman Bob Huff on his appointment.
About 10 days ago he and MPT/O'Connor attended a traffic town hall meeting on
the north side of D.B. He thanked the residents, staff and the consultant for their
participation and input and encouraged residents to participate in their respective
future neighborhood traffic town hall meetings. The Council traveled to
Sacramento
last week to discuss the City's traffic concerns and how the State could help D.B.
with those issues. The Council also pointed out that the City needed funds to
supplement the loss of its Redevelopment Project Area. He asked residents to
watch the State of the City address replay on Channel 3 and forward their
comments to the Council about the accomplishments and the proposed goals. He
felt residents should read for themselves the Tribune article about D.B.H.S.
students being ranked number one in the Nation and he asked staff to recognize
and honor the principal, teachers and students at the next Council meeting.
10. ADJOURNMENT: With no further business to conduct, M/Chang adjourned the
meeting at 8:23 p.m.
LINDA C. LOWRY, CITY CLERK
The foregoing minutes are hereby approved this day of ,
JANUARY 18, 2005 PAGE 9 CITY COUNCIL
2005.
WEN CHANG, MAYOR
Agenda No. 6.1.2
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
JANUARY 18, 2005
CLOSED SESSION: 4:30 p.m., Room CC -8, SCAQMD/Government Center
Building, 21825 Copley Drive, Diamond Bar, CA 91765
Public Comments: None
Conference with Real Property
Negotiators: Government Code Section
54956.8 (Two Cases)
(1) Property Negotiations: Address: Sandstone Canyon Agency
AGENCY NEGOTIATOR:
City Manager
NEGOTIATING PARTY:
Walnut Valley Unified School District
UNDER NEGOTIATION:
Price and terms of Payment
(2) Property Negotiations: Address:
Portion of Lot 1,Tract No. 31479, Lot
61, Tract No. 42557
AGENCY NEGOTIATOR:
City Manager
NEGOTIATING PARTY:
D & L Properties, Inc.
UNDER NEGOTIATION:
Price and terms of Payment
Government Code Section 54957
Public Employee Evaluation
Title: City Manager
STUDY SESSION: Mayor Chang called the City Council Study Session to
order at 5:36 p.m. in Room CC -8 of the SCAQMD/Governm ent Center Building, 21825
Copley Drive, Diamond Bar, CA91765
Business Licensing
Goals and Objectives
Mid -Year Budget Review
M/Chang adjourned the Study Session to the Regular Meeting at 6:15 p.m.
JANUARY 18, 2005 PAGE 2
C�7��'<ili1�1►[�11�
CALL TO ORDER: Mayor Chang called the regular City Council meeting to
order at 6:35 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr.,
Diamond Bar, CA.
PLEDGE OF ALLEGIANCE: C/Zirbes led the Pledge of Allegiance.
INVOCATION: Ab Kastl, Diamond Canyon Christian Center gave the
invocation.
ROLL CALL: Council Members Herrera,Zirbes, Mayor Pro Tem
O'Connor and Mayor Chang.
Staff Present: Linda Lowry, City Manager; Michael Jenkins, City
Attorney; James DeStefano, Assistant City Manager; David Doyle, Assistant City Manager
and acting City Clerk; David Liu, Director of Public Works; Bob Rose, Community Services
Director; Linda Magnuson, Finance Director and April Blakey, Public Information Manager.
APPROVAL OF AGENDA: CM/Lowry requested that Item 8.1 be amended to be a
request for waiver of rental fees at Heritage Park as permitted in the current User Policy.
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Public Works Investment Summary —Power Point Presentation by DPW/Liu
and Public Works staff taking the audienc efrom Diamond Bar Ranch days to
the current point in history with attention to the Department's vision for
completed and future projects intended to preserve the City's infrastructure,
and an investment of nearly $40,000,000.
CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/Lowry introduced
ACM/DeStefano who gave a brief update on theCity's declared State of Emergency
due to the storm -related landslides and sloughs that occurred in D.B. between
Minnequa and Sunset Crossing, at Summitridge Park, and on City owned property
at the intersection of Gold Rush and D.B. Blvd. Residents of the affected area
between Minnequa and Sunset Crossing were evacuated as a precautionary
measure. No one was injured in the inciden t. The hillsides are saturated and water
continues to find its way down to the low points. Due to public safety concerns
residents were advised to seek shelter away from their homes until the properties
were deemed safe for limited occupancy.
ACM/DeStefano stated that on January 12th CM/Lowry declared a local State of
Emergency that followed the State of Emergency declared by Los Angeles County
on January 10. On Saturday, January 15t Governor Schwarzenegger declared
certain areas within the State of California asdisaster areas and the Cityanticipates
the Governor's Declaration toextend totheentire County of Los Angeles along with
other counties in the State. Such Declaration opens the possibilityof Federal funding
and resources for mitigation. Following the City's Declaration, staff met with all five
affected property owners in the Sunset Crossing/Minnequ a area to discuss current
conditions, the reasons that certain properties were red tagged to prohibit
JANUARY 18, 2005 PAGE 3 CITY COUNCIL
occupancy, availability of housing assistance offered through the Red Cross,
describe security measures implemented to assist in property protection and
commenced discussions regarding short-term and long-term requirements of
property owners to repair their properties. Today the City caused the "staking" ofthe
landslide area through a City geologist in order to monitor the area for further land
slippage. As a result of further inspection it was determined that the slide mass
continues to move slightly while "airing out" because ofgood weather and sunshine.
Based on current information it is impossible to determine whether the mass will
continue to move. However, as a preventat ive measure, resident swere advised not
to occupy their homes until further notice. Because there is a need to immediately
protect the hillside from further erosion, the City has, atthe request ofthe residents,
initiated a plan to cover the landslide area and to help correct current drainage
problems. The City will cause construction of a cover for the area and will implement
sandbagging and erosion control. The homeowners will be invoiced for mitigation
services when appropriate. Staff continues to work with issues to determine whether
some of the units are appropriate for occupancy. Appropriate County, State and
Federal agencies including OEM and FEMAwere notified and willvisitthe properties
within the next few work days in order to provide eyewitness to the events that
occurred on January 12 and to a ssistin the declaration by the President that Los
Angeles County is a Disaster Area. An information sheet was provided to 85
adjacent neighbors of the affected area and the City continues to provide
information about how residents can prepare forwinter storms and remain vigilant
and monitor the affected properties until afinal solution is reached for reconstruction
of the properties.
MPT/O'Connor said that several residents had contacted her offering their
assistance. She also said she was in the process ofcontacting a bank and non-profit
organizations to set up an account to receive donations for the affected residents to
assist them in mitigating their properties.
C/Herrera thanked staff for their intervention and reminded residents that although
the City is not obligated to pay for the mitigation it is evident that the residents
greatly appreciate the City's assistance in implementing immediate emergency
measures and recommending competent companies for the repair work.
C/Zirbes said he was shocked and devasta ted to see how much earth had moved.
Hewas very glad no one was injured and thanked staff for their quick action and for
taking a leadership role. He suggested that the safety measures referred to by
ACM/DeStefano be rolled on Channel 3.
M/Chang also appreciated staffs quick response and interaction with the residents
to prevent damage to life and lessen the inevitable damage to property. The City will
move to seek emergency Federal and Statefunding to assist the homeowners in
their mitigation efforts.
ACM/DeStefano reported that tomorrow morning staff would meet with four
contractors who would bid on coverage ofthearea. Bids are due within 36 hours of
JANUARY 18, 2005 PAGE 4
C�7��'<ili1�1►[�11�
tomorrow's presentation and staff anticipated that the property would be covered
well in advance of the next rainstorm contemplated for the middle to end of next
week.
PUBLIC COMMENTS: Joe McManus explained that there was a need to
raise money to cover the cost ofdamage and mitigation because this event was not
covered by insurance.
Junay Gardner Logan, Chief of Staff for Assemblyman Bob Huff said she would be
in the district office in the City of Indus try for the next two days. She reported that
Mr. Huff was moving his district office from Industry to D.B. as soon as office space
becomes available. She said that the district and capitol staff were available to
assist the City Council Members and City staff with state related issues.
Kandice Moore, and two other members representing the D.B. H.S. Advanced Show
Choir, asked people to purchas ethe choir's cookbooks and support the choir in their
fundraising effort so that the choir members could compete on a national level in
New York. The cost is $1200 per student. The choir would appreciate financial
assistance to attend the event. They indicated that it had been difficult and
discouraging for them to get sponsorship because people said they would rather
contribute to sports organizations than to the choir.
Jack Tanaka, President, D.B. Breakfast Lions Club, invited the public to participate
in the Windmill Plaque Dedication at 9:00 a.m. on Saturday, January 22 in the
Ralph's Shopping Center at Grand Ave. and D.B. Blvd. The project was ajoint effort
by the D.B. Breakfast Lions Club and the Historical Society.
Chuck Horvath spoke about the process of electing officials and how he felt that
Eileen Ansari had been and continued to be unfairly attacked by lies. She continues
to be a viable candidate for future local and State office and in his opinion, some
political machine does not want people's vote for her to be counted. D.B. elections
send an improper signal to the next generation of candidates and voters because of
unethical political methods employed by candidates and their constituents. High
school students should betaught more ethics. Hesaid that candidates needed to
set a good example for the City's youth and residents by allowing election
campaigns to run a natural course in a clean and ethical environment.
Jack Tanaka said he thought the D.B.H.S. choir was an excellent group and asked
forfinancial support sothat thechoir could represent the City ofD.B. byparticipating
in the national competition in New York.
RESPONSE TO PUBLIC COMMENTS: C/Herrera asked the D.B.H.S. choir
members for a phone number to call in case individuals wished to purchase the
cookbook. She purchased a cookbook for each of her two daughters at the
Snowfest and her daughters were thrilled with the gift.
JANUARY 18, 2005 PAGE 5 CITY COUNCIL
Achoir member responded that anyone interested in purchasing a cookbook should
call D.B.H.S. at 594-1405 and a sk for the Choir Director Dave Willard at extension
33369. The cookbook sells for $20 and half of the purchase price goes toward
supporting the choir.
C/Zirbes said his kids had been involved in Dave Willard's programs for six years.
Hehas a box of cookbooks and the books contain great recipes and make excellent
gifts. The choir program isa great program and the kids that participate are award
winning kids and well-respected and renowned throughout southern California.
Please support the choir.
M/Chang suggested that the students contact staff about whether there was a
community fund available to assist the choir. He said hewould purchase a cookbook
and also donate additional money to support the choir.
5. SCHEULE OF FUTURE EVENTS:
5.1 D.B. COMMUNITY FOUNDATION — January 20, 2005 — 7:00 p.m., Room
CC -8 AQMD/Government Center, 21865 Copley Dr.
5.2 PLANNING COMMISSION MEETING — January 25, 2005 — 7:00 p.m.,
Auditorium, AQMD/Government Center Auditorium, 21865 Copley Dr.
5.3 PARKS AND RECREATION COMMISSION MEETING —January 27, 2005 —
7:00 p.m., Hearing Board Room, AQMD/Government Center, 21865 Copley
Dr.
5.4 CITY COUNCIL MEETING — February 1, 2005 — 6:30 p.m., Auditorium,
AQMD/Government Center, 21865 Copley Dr.
6. CONSENT CALENDAR: MPT/O'Connor moved, C/Zirbes seconded to approve
the Consent Calendar as presented. Motion carried by the following Roll Call
vote:
AYES: COUNCIL MEMBERS: Herrera ,Zirbes, MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6.1 APPROVED CITY COUNCIL MINUTES — Regular Meeting of January 4,
2005 —As Submitted.
6.2 RATIFICATIED CHECK REGISTER — containing checks dated January 13,
2005 for a total amount of $559,424.79.
JANUARY 18. 2005 PAGE 6 CITY COUNCIL
6.3 APPROVED FOR SECOND READY BY TITLE ONLY, WAIVED FULL
READING AND ADOPTED ORDINANCE NO. 01(2005) ADOPTING ZONE
CHANGE NO. 2002-03 CHANGING THE EXISTING ZONING FROM R-1-
20,000 TO RURAL RESIDENTIAL (RR) FOR PROPERTY OF
APPROXIMATELY 7.5 ACRES IDENTIFIED AS APN #8713-0289-030
LOCATED ATTHE TERMINUS OFALAMO HEIGHTS DRIVE (EASTSIDE)
AND AMENDING THE ZONING MAP OF THE CITY OF DIAMOND BAR
(WITHIN "THE COUNTRY ESTATES.")
6.4 APPROVED CONTRACT AMENDMENT WITH GFB-FRIEDRICH &
ASSOCIATES, INC. FOR ASSESSMENT ENGINEERING SERVICES FOR
LANDSCAPING ASSESSMENT DISTRICT NO.'S 38, 39 AND 41 FOR A
PERIOD OF THREE (3) YEARS FOR A TOTAL CONTRACT AMOUNT OF
$36,070 PLUS A CONTINGENCY AMOUNT OF $5,000.
6.5 (a) ADOPTED RESOLUTION NO. 2005-05 : REQUESTING THE BOARD
OF SUPERVISORS OF THE COUNTY OF LOS ANGELES TO RENDER
SPECIFIED SERVICES TOTHE CITY RELATING TOTHE CONDUCT OFA
SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, JUNE 7,
2005.
(b) ADOPTED RESOLUTION NO. 2005-06 :ADOPTING REGULATIONS
FOR CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATES' STATEMENTS SUBMITTED TO THE VOTERS AT AN
ELECTION TO BE HELD ON TUESDAY. JUNE 7. 2005.
6.6 AUTHORIZED THE CITY MANAGER TO ENTER INTO AN AGREEMENT
WITH MARTIN &CHAPMAN FOR ELECTION SERVICES AND SUPPLIES
FOR THE JUNE 7, 2005 ELECTION ATA COST NOT TO EXCEED $40,000
AND APPROPRIATE THE FUNDS FROM GENERAL FUND RESERVES.
6.7 APPROVED CHANGE OF DELEGATE APPOINTMENTS TO THE L.A.
COUNTY SANITATION DISTRICT NO. 21 AND ADOPTED RESOLUTION
NO. 2005-07: CONFIRMING THE APPOINTMENT OF SPECIAL
REPRESENTATIVES TO THE BOARD OF THE SAN GABRIEL VALLEY
COUNCIL OF GOVERNMENTS.
6.8 ADOPTED RESOLUTION NO. 2005-08: RATIFYING EMERGENCY
DECLARATION ISSUED BY THE CITY MANAGER ON JANUARY 12, 2005
DECLARING A LOCAL EMERGENCY.
PUBLIC HEARINGS: None
COUNCIL CONSIDERATION:
8.1 CONSIDERATION OF APPROVAL OF WAIVER FOR ROOM RENTAL
FEES AT HERITAGE PARK FOR CALIFORNIA STATE ASSEMBLYMAN
BOB HUFF FOR A STAFF TRAINING DAY.
JANUARY 18, 2005 PAGE 7 CITY COUNCIL
CM/Lowry reported that the Heritage Park Facility Use Policy allows the
Council, atits discretion, towaive fees. The fee amount for this use would be
approximately $900. Staff recommends approval ofthe waiver.
C/Herrera felt the City had benefited from good relationships with its
legislators. In years past Assemblyman Gary Miller proposed a bill that
allowed D.B. to receive an additional two years of vehicle license fee funds.
She felt it was important to continue good working relationships with all
legislators and honor these types of requests.
MPT/O'Connor moved, C/Herrera seconded to approve waiver for room
rental fees at Heritage Park for California State Assemblyman Bob Huff fora
staff -training day.
M/Chang recommended that staff consider amending the Use Policy to
waive all fees for legislators.
Motion carried bythe following Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, Zirbes, MPT/O'Connor,
M/Chang
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
moll],,MIli ■i:1 =E :341.7:4&X916MP[oil MLTiI=1LTA =1zF&ILTihTAI=Uk&5
C/Herrera said she intended to propose a revi sion in the City's Facilities Use Policy.
However, to expand on M/Chang's previous comment there could come a time when
the San Gabriel Valley Council of Governm ents or SCAG wanted to meet at the
Diamond Bar Center, for instance, and she would like for staff to expand the policy
to include legislators and other local governmental organizations with which D.B.
participates. She reported with pride that Assemblyman Bob Huff was named Vice
Chairman of the Assembly Transportati on Committee for the State, a phenomenal
accomplishment for an incoming legislator. Senator Bob Margett is on the Senate
Transportation Committee and Congressman Gary Miller serves on the National
Transportation Committee. D.B. has numerous transportation issues being situated
at the intersection of the SR57/60 interchange and when problems occur on the
freeway the traffic spills onto theCity's streets. Therefore, itbenefits D.B. to work on
regional transportation issues such as longer port hours that would relieve D.B.
congestion during peak hours and result in cleaner air for the City.
C/Zirbes congratulated Bob Huff on his appointment as Vice Chairman of the
Transportation Committee. He was also pleased that Mr. Huff and his staff were
coming to D.B. to witness firsthand the traffic congestion. Last week he and
M/Chang presented the State of the City address atthe Diamond Bar Center. He
said he looked forward to working with everyone to attain the goals set forth for the
betterment of D.B.
JANUARY 18, 2005 PAGE 8 CITY COUNCIL
MPT/O'Connor congratulated D.B.H.S. and Walnut Valley School District on
achieving number one nationwide recognition forthe advanced placement program.
M/Chang offered congratulations to Assemblyman Bob Huff on his appointment.
About 10 days ago heand MPT/O'Connor attended a traffic town hall meeting on
the north side of D.B. He thanked the residents, staff and the consultant for their
participation and input and encouraged residents to participate in their respective
future neighborhood traffic town hall meetings. The Council traveled to Sacramento
last week to discuss the City's traffic concerns and how the State could help D.B.
with those issues. The Council also pointed out that the City needed funds to
supplement the loss of its Redevelopment Project Area. He asked residents to
watch the State of the City address replay on Channel 3 and forward their
comments to the Council about the accomplishments and the proposed goals. He
felt residents should read for themselves the Tribune article about D.B.H.S. students
being ranked number one in the Nation and he asked staff to recognize and honor
the principal, teachers and students atthe next Council meeting.
10. ADJOURNMENT: With no further business to conduct, M/Chang adjourned the
meeting at 8:23 p.m.
LINDA C. LOWRY, CITY CLERK
The foregoing minutes are hereby approved this day of 2005.
WEN CHANG, MAYOR
Agenda # _6.10
Meeting Date: February 1, 2005
CITY COUNCIL = AGENDA REPORT
ooRroR
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Ratification of an Award of Contract for Emergency Temporary Storm
Protection and Appropriation of $43,500 from General Fund
Reserves.
RECOMMENDATION:
Approve.
BACKGROUND:
On January 11, 2005 a mudslide of approximately 100 feet wide by 135 feet in length
occurred on private property between five single family residential homes. The slide
mass emanated from two homes on Minnequa Drive moving toward three homes
located on Sunset Crossing Road. All five homes were evacuated and "red tagged". As
a result of the mudslide and other storm related damage, the City Manager declared a
Local Emergency on January 12, 2005.
On January 17, 2005 Kleinfelder, the City's Geotechnical Engineering consultant,
submitted suggestions for the temporary storm protection of the slope failure area.
These suggestions included covering the slope with plastic, sandbagging the terrace
drains to prevent surface water from entering the distressed area, and redirecting the
water from these drains to a suitable collection point. Additionally, adequate drainage
within the failed slope was needed to prevent surface water from accumulating and
saturating the hillside further.
On January 18, 2005, approximately eleven contractors were contacted to submit bids
to perform the installation of the temporary storm protection per Kleinfelder's
recommendations. Four companies agreed to meet at the site on January 19, 2005 for
a pre -proposal meeting. Two contractors attended the presubmittal site meeting
conducted by City Staff and Kleinfelder to assess the damage and amount of work
required to complete the temporary storm protection. Bids were due on Friday, January
21St at 1:00pm.
The City received two bids to perform the work. The first bid was submitted by Erosion
Control Specialists (ECS) in the amount of $38,500.00. The second bid was submitted
by Mellon Grading, Inc. in the amount of $45,360.00. The availability of the contractor
to perform the work became a critical aspect as we were in the midst of the rainy
season and the site required immediate protection of the slope to attempt to prevent
erosion, control drainage and reduce movement of the hillside. The bids were reviewed
by City staff who unanimously concluded that while ECS was the low bidder they also
best understood the critical timeframe of the project and the City's need to expedite the
performance of the work. A $5,000 contingency is requested to permit the City Manager
to expend additional resources, if necessary.
City staff issued a notice to proceed effective January 22, 2005. Crews began working
on Monday, January 24, 2005. Sandbags have been placed behind the Minnequa
homes to prevent surface water from entering the landslide area. Sandbags have been
placed at the bottom of the landslide to direct water and the failed soil mass from the
Sunset Crossing homes. The contractor is in the process of covering the distressed
area with visquene in order to direct rain water from absorbing into the slope area. Due
to the recent rains we encountered on Wednesday January 26, 2005 and Friday,
January 28, 2005, complete coverage of the slope is estimated to occur on January 29,
2005.
On January 12, 2005 the City met with the all five effected homeowners. The City
discussed the immediate need for the residents to protect the hillside from further
damage. The residents asked the City to coordinate the measures necessary to protect
the properties from future rain storms. The City has no responsibility for the protection
or repair of private property; however, in an effort to assist and at the request of the
homeowners, the City agreed to engage a contractor and take temporary measures, at
the homeowners' expense. All five homeowners were mailed a letter on January 14,
2005 confirming their authorization for the City to perform this work and their agreement
to reimburse the City for its costs. On January 24, 2005 City staff met with all five
homeowners to discuss the temporary storm protection measures undertaken by the
City. A Release of Liability, License and Agreement to Perform Emergency Temporary
Storm Protection was presented to the homeowners for their review and signature.
The declaration of a local emergency and authorization from the homeowners permitted
the City Manager to engage a contractor for the Temporary Storm Protection measures.
The City Council is asked to ratify the action and appropriate $43,500 ($38,500 contract,
$5,000 contingency) from General Fund Reserves.
PREPARED BY:
James DeStefano
Assistant City Manager
Attachments: Contract Agreement, dated January 24, 2005
2
Agenda # 6.10
Meeting Date: Fehruar)2 1. 2005
CITY +COUNCIL AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Ratification of an Award of Contract for Emergenc y Temporary Storm
Protection and Appropriation of $43,500 from General Fund
Reserves.
RECOMMENDATION:
Approve.
BACKGROUND:
On January 11, 2005 a mudslide ofapproximatel y 100 feet wide by 135 feet in length
occurred on private property between five single family residential homes. The slide
mass emanated from two homes on Minnequa Drive moving toward three homes
located on Sunset Crossing Road. All five homes were evacuated and `red tagged". As
a result of the mudslide and other storm related damage, the City Manager declared a
Local Emergency on January 12, 2005.
On January 17, 2005 Kleinfelder, the City's Geotechnical Engineering consultant,
submitted suggestions for the temporary storm protection of the slope failure area.
These suggestions included covering the slope with plastic, sandbagging the terrace
drains to prevent surface water from entering the distressed area, and redirecting the
water from these drains to a suitable collection point. Additionally, adequate drainage
within the failed slope was needed to prevent surface water from accumulating and
saturating the hillside further.
On January 18, 2005, approximately eleven contractors were contacted to submit bids
to perform the installation of the temporary storm protection per Kleinfelder's
recommendations. Four companies agreed to meet at the site on January 19, 2005 for
a pre -proposal meeting. Two contractors attended the presubmittal site meeting
conducted by City Staff and Kleinfelder to assess the damage and amount of work
required to complete the temporary storm protection. Bids were due on Friday, January
21 st at 1:00pm.
The City received two bids to perform the work. The first bid was submitted by Erosion
Control Specialists (ECS) in the amount of $38,500.00. The second bid was submitted
by Mellon Grading, Inc. in the amount of $45,360.00. The availability of the contractor
to perform the work became a critical aspect as we were in the midst of the rainy
season and the site required immediate protection of the slope to attempt to prevent
erosion, control drainage and reduce movement of the hillside. The bids were reviewed
by City staff who unanimously concluded that while ECS was the low bidder they also
best understood the critical timeframe of the project and the City's need to expedite the
performance of the work. A $5,000 contingency is requested to permit the City
Manager to expend additional resources, ifnecessary.
City staff issued a notice to proceed effective January 22, 2005. Crews began working
on Monday, January 24, 2005. Sandbags have been placed behind the Minnequa
homes to prevent surface water from entering the landslide area. Sandbags have been
placed at the bottom of the landslide to di rect water and the failed soil mass from the
Sunset Crossing homes. The contractor is in the process of covering the distressed
area with visquene in order to direct rain water from absorbi ng into the slope area. Due
to the recent rains we encountered on Wednesday January 26, 2005 and Friday,
January 28, 2005, complete coverage of the slope is estimated to occur on January 29,
2005.
On January 12, 2005 the City met with the all five effected homeowners. The City
discussed the immediate need for the residents to protect the hillside from further
damage. The residents asked the City to coordinate the measures necessary to protect
the properties from future rain storms. The City has no responsibility for the protection
or repair of private property; however, in an effort to assist and at the request of the
homeowners, the City agreed to engage a contractor and take temporary measures, at
the homeowners' expense. All five homeowners were mailed a letter on January 14,
2005 confirming their authorizati on for the City to perform this work and their agreement
to reimburse the City for its costs. On January 24, 2005 City staff met with all five
homeowners to discuss the temporary storm protection measures undertaken by the
City. A Release of Liability, License and Agreement to Perform Emergency Temporary
Storm Protection was presented to the homeowners for their review and signature.
The declaration of a local emergency and authorization from the homeowners permitted
the City Manager to engage a contractor for the Temporary Storm Protection measures.
The City Council is asked to ratify the action and appropriate $43,500 ($38,500 contract,
$5,000 contingency) from General Fund Reserves.
PREPARED BY:
James DeStefano
Assistant City Manager
Attachments: Contract Agreement, dated January 24, 2005
Agenda # _6.11
Meeting Date: 02101105
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: AWARD OF CONSTRUCTION CONTRACT IN THE AMOUNT OF $269,327.00 PLUS
10% CONTINGENCY AMOUNT OF $26,932.70 FOR TOTAL AUTHORIZATION OF
$296,259.70 TO CS LEGACY CONSTRUCTION, INC. FOR CONSTRUCTION OF
IMPROVEMENTS AT STARSHINE PARK, PLUS APPROVAL OF ALLOCATION OF
$92,521 OF PROPOSITION 40 FUNDS TO FULLY FUND THIS PROJECT.
RECOMMENDATION:
Award contract and approve allocation.
FINANCIAL IMPACT:
Current funding for this project in the adopted 2004/05 FY Budget:
Proposition 40 Grant
$140,663
State Playground Cover Grant
$24,979
State Jobs Housing Grant
$84,338
Total Current Funding:
$249,980
Estimated Cost of Project: Construction Contractor
$269,327
Construction Contingency (10%)
$26,930
Design of Plans and Specs
$33,230
Duplication of Plans and Specs
$1,514
Plan Check
$1,500
Construction Inspection
$10,000
Total Estimated Cost:
$342,501
Additional Allocation Needed: Total Estimated Cost
$342,501
Total Current Funding
$249,980
Total Additional Allocation Needed:
$92,521
The City has a total of $413,327 in Proposition 40 Funds available from the State of California.
$140,663 in Prop 40 Funds have already been allocated to this project, leaving $272,664 available for
project allocation. In order to fully fund the Starshine Park Improvement Project, an additional
allocation by the City Council of $92,521 in Prop 40 Funds is required. Staff is recommending that
$92,521 of the $272,664 currently budgeted for additional improvements at Summitridge Park be
used for the Starshine Park project.
BACKGROUND:
The City released plans and specifications to receive bids for the construction of ADA Improvements
at Starshine Park on Monday, November 29, 2005. Proposals were received from 11 contractors that
were publicly opened on January 20, 2005 at Diamond Bar City Hall. Bids ranged from a low of
$269,327.00 to a high of $495,360.00. The responsive low bidder is CS Legacy Construction, Inc.
The contractor's license has been checked with the State of California and the license is active and
clear. References have been checked and CS Legacy Construction, Inc. is qualified to complete the
work required of this contract.
DISCUSSION:
The improvements that will be constructed in Starshine Park are:
♦ Two new walkways through the park.
♦ New handicapped ramps to access park from street parking and adjacent streets.
♦ Expanded tot lot with new equipment.
♦ Installation of security lights and drinking fountain.
♦ Installation of rubberized playground surface.
Construction on this project should start by the end of February and be complete by the end of June.
Prepared by: Ryan Wright, Recreation Supervisor
REVIEWED BY: REVIEWED BY:
Bob Rose
Director of Community Services
Attachments:
1. Agreement
2. Bid Results
James DeStefano
Deputy City Manager
AGREEMENT
The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor
and attested to by the City Clerk, by and between CS Legacy Construction, Inc. hereinafter referred to as the
"CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY."
WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened,
and declared on the date specified in the notice; and
WHEREAS, City did accept the bid of CONTRACTOR; and
WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for
furnishing labor, equipment and material for the Starshine Park Improvements in the City of Diamond Bar.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed:
1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools,
materials, appliances, and equipment for and do the work for the Starshine Park Improvements in the City of
Diamond Bar. The work to be performed in accordance with the Plans and specifications, dated January 20,
2005 (The Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter
mentioned and in accordance with the instructions of the City Engineer.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY:
The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and
effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Proposal dated January
20, 2005, together with this written agreement, shall constitute the contract between the parties. This contract is
intended to require a complete and finished piece of work and anything necessary to complete the work
properly and in accordance with the law and lawful governmental regulations shall be performed by the
CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any
inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written
agreement shall control.
The CONTRACTOR agrees to complete the work within sixty 60 calendar days from the date of the
notice to proceed.
The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five
hundred ($500.00) dollars for each calendar day the work remains incomplete beyond the expiration of the
completion date. The City may deduct the amount thereof from any monies due or that may become due the
CONTRACTOR under this agreement. Progress payments made after the scheduled date of completion shall
not constitute a waiver of liquidated damages.
4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has
obtained all insurance required hereunder in a company or companies acceptable to City nor shall the
CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of
the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the
life of this contract the following policies of insurance:
a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall
furnish to the City a certificate of insurance as proof that he has taken out full workers'
compensation insurance for all persons whom he may employ directly or through
subcontractors in carrying out the work specified herein, in accordance with the laws of
the State of California. Such insurance shall be maintained in full force and effect during
the period covered by this contract.
In accordance with the provisions of Section 3700 of the California Labor Code, every
CONTRACTOR shall secure the payment of compensation to his employees. The
CONTRACTOR, prior to commencing work, shall sign and file with the City a
certification as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for workers' compensation or to undertake self
insurance in accordance with the provisions of that Code, and I will comply with
such provisions before commencing the performance of work of this contract."
b. For all operations of the CONTRACTOR or any sub -contractor in performing the work
provided for herein, insurance with the following minimum limits and coverage:
1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each
accident.
2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000
aggregate.
3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000
each accident.
4) CONTRACTOR'S Protective - Property Darnage $250,000 each accident;
$500,000 aggregate.
5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident.
6) Automobile - Property Damage $250,000 each accident.
Each such policy of insurance provided for in paragraph b. shall:
1) Be issued by an insurance company approved in writing by City, which is
admitted to do business in the State of California.
2) Name as additional insured the City of Diamond Bar, its officers, agents and
employees, and any other parties specified in the bid documents to be so included;
3) Specify it acts as primary insurance and that no insurance held or owned by the
designated additional insured shall be called upon to cover a loss under the
policy;
4) Contain a clause substantially in the following words:
"It is hereby understood and agreed that this policy may not be canceled nor the
amount of the coverage thereof reduced until thirty (30) days after receipt by City
of a written notice of such cancellation or reduction of coverage as evidenced by
receipt of a registered letter."
5) Otherwise be in form satisfactory to the City.
d. The policy of insurance provided for in subparagraph a. shall contain an endorsement
which:
1) Waives all right of subrogation against all persons and entities specified in
subparagraph 4.c.(2) hereof to be listed as additional insured in the policy of
insurance provided for in paragraph b. by reason of any claim arising out of or
connected with the operations of CONTRACTOR or any subcontractor in
performing the work provided for herein;
2) Provides it shall not be canceled or altered without thirty (3 0) days' written notice
thereof given to City by registered mail.
The CONTRACTOR shall, within ten (10) days from the date of the notice of award of
the Contract, deliver to the City Manager or his designee the original policies of
insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his
designee a certificate of the insurance company, showing the issuance of such insurance,
and the additional insured and other provisions required herein.
5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of
California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay
not less than the general prevailing rate of per diem wages for work of a similar character in the locality in
which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday
and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of
California is required to and has determined such general prevailing rates of per diem wages. Copies of such
prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite
100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request.
City also shall cause a copy of such determinations to be posted at the job site.
The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00)
for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer,
workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work
done under this Agreement, by him or by any subcontractor under him.
6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of
the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly
indentured apprentices may be employed in the performance of the work.
The CONTRACTOR is required to make contribution to funds established for the administrative
of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on
such contracts and if other CONTRACTOR'S on the public works site are making such contributions.
The CONTRACTOR and subcontractor under him shall comply with the requirements of
Sections 1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules and other requirements may be
obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San
Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all
workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under
him shall comply with and be governed by the laws of the State of California having to do with working hours
set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended.
The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each
laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR
under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer,
workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code.
8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence
pay to each workman needed to execute the work required by this contract as such travel and subsistence
payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code
Section 1773.8.
9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and
employees ("Indemnities") shall not be answerable or accountable in any manner for any loss or damage that
may happen to the work or any part thereof, or for any of the materials or other things used or employed in
performing the work; or for injury or damage to any person or persons, either workmen or employees of the
CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any
cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall
be responsible for any damage or injury to any person or property resulting from defects or obstructions or from
any cause whatsoever.
The CONTRACTOR will indemnify Indemnities against and will hold and save Indemnities
harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities
that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other
organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his
agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or
active negligence on the part of City. In connection therewith:
a. The CONTRACTOR will defend any action or actions filed in connection with any such
claims, damages, penalties, obligations or liabilities and will pay all costs and expenses,
including attorneys' fees incurred in connection therewith.
b. The CONTRACTOR will promptly pay any judgment rendered against the
CONTRACTOR or Indemnities covering such claims, damages, penalties, obligations
and liabilities arising out of or in connection with such work, operations or activities of
the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the
Indemnities harmless therefrom.
In the event Indemnities are made a party to any action or proceeding filed or prosecuted
against the CONTRACTOR for damages or other claims arising out of or in connection
with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to
Indemnities and any all costs and expenses incurred by Indemnities in such action or
proceeding together with reasonable attorneys' fees.
So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be
considered necessary by City may be retained by City until disposition has been made of such actions or claims
for damages as aforesaid.
This indemnity provision shall survive the termination of the Agreement and is in addition to any
other rights or remedies which Indemnities may have under the law.
This indemnity is effective without reference to the existence or applicability of any insurance
coverage which may have been required under this Agreement or any additional insured endorsements which
may extend to Indemnities.
CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives
all rights of subrogation and contribution against the Indemnities, while acting within the scope of their duties,
from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on
behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the
Indemnities.
10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be
made in the employment of persons in the work contemplated by this Agreement because of the race, color or
religion of such person. A violation of this section exposes the CONTRACTOR to the penalties provided for in
Labor Code Section 1735.
11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all
material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with
CONTRACTOR'S Proposal dated January 20, 2005._
12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to
enforce any term of provision of this agreement, the prevailing party shall recover its reasonable attorney's fees
and costs incurred with respect thereto.
13. TERMINATION: This agreement may be terminated by the City, without cause, upon the
giving of a written "Notice of Termination" to CONTRACTOR at least thirty (30) days prior to the date of
termination specified in the notice. In the event of such
termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to
the effective date of termination.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities
required by law on the respective dates set forth opposite their signatures.
State of California
"CONTRACTOR'S" License No.
CS LEGACY CONSTRUCTION, INC.
Lo
Date TITLE
CITY OF DIAMOND BAR, CALIFORNIA
IM
Date WEN CHANG
MAYOR
ATTEST:
Lo
LINDA LOWRY
CITY CLERK
Date
CONTRACTOR'S Business Phone
Emergency Phone at which CONTRACTOR can be reached at any time: t
APPROVED AS TO FORM:
CITY ATTORNEY
Date
Agenda # _6.11
Meeting Date. -02101105
CITY COUNCIL _ r_ AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: AWARD OF CONSTRUCTION CONTRACT IN THE AMOUNT OF $269,327.00 PLUS
10% CONTINGENCY AMOUNT OF $26,932. 70 FOR TOTAL AUTHORIZATION OF
$296,259.70 TO CS LEGACY CONSTRUCT ION, INC. FOR CONSTRUCTION OF
IMPROVEMENTS AT STARSHINE PARK, PLUS APPROVAL OF ALLOCATION OF
$92,521 OF PROPOSITION 40 FUNDS TO FULLY FUND THIS PROJECT.
1:7x0101kydkyd:411 I_1%0W11A
Award contract and approve allocation.
FINANCIAL IMPACT:
Current funding for this project in the adopted 2004/05 FY Budget
Proposition 40 Grant
$140,663
State Playground Cover Grant
$24,979
State Jobs Housing Grant
$84,338
Total Current Funding:
$249,980
Estimated Cost of Project: Construction Contractor
$269,327
Construction Contingency (10%)
$26,930
Design of Plans and Specs
$33,230
Duplication of Plans and Specs
$1,514
Plan Check
$1,500
Construction Inspection
$10,000
Total Estimated Cost:
$342,501
Additional Allocation Needed: Total Estimated Cost
$342,501
Total Current Funding
$249,980
Total Additional Allocation Needed:
$92,521
The City has a total of $413,327 in Proposition 40 Funds available from the State of California.
$140,663 in Prop 40 Funds have already been allocated to this project, leaving $272,664 available for
project allocation. In order to fully fund the Starshine Park Improvement Project, an additional
allocation by the City Council of $92,521in Prop 40 Funds is required. Staff is recommending that
$92,521 of the $272,664 currently budgeted for additional improvements at Summitridge Park be
used for the Starshine Park project.
BACKGROUND:
The City released plans and specifications to receivebids forthe construction of ADA Improvements
at Starshine Park on Monday, November 29, 2005. Proposals were received from 11 contractors that
were publicly opened on January 20, 2005 at Diamond Bar City Hall. Bids ranged from a low of
$269,327.00 to a high of $495,360.00. The responsive low bidder is CS Legacy Construction, Inc.
The contractor's license has been checked with the State of California and the license is active and
clear. References have been checked and CS Legacy Construction, Inc. is qualified to complete the
work required of this contract.
DISCUSSION:
The improvements that will be constructed in Starshine Park are:
♦ Two new walkways through the park.
♦ New handicapped ramps to access park from street parking and adjacent streets.
♦ Expanded tot lot with new equipment.
♦ Installation of security lights and drinking fountain.
♦ Installation of rubberized playground surface.
Construction on this project should start by the end of February and be complete by the end of June.
Prepared by: Ryan Wright, Recreation Supervisor
REVIEWED BY:
REVIEWED BY:
Bob Rose James DeStefano
Director of Community Services Deputy City Manager
Attachments:
1. Ag reemen t
2. Bid Results
AGREEMENT
The following agreement is made and entered into, in duplicate, as of the date executed by the Mayor
and attested to by the City Clerk, by and between CS Legacy Construction, Inc. hereinafter referred to as the
"CONTRACTOR" and the City of Diamond Bar, California, hereinafter referred to as "CITY."
WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were received, publicly opened,
and declared on the date specified in the notice; and
WHEREAS, City did accept the bid of CONTRACTOR; and
WHEREAS, City has authorized the Mayor to execute a written contract with CONTRACTOR for
furnishing labor, equipment and material for the Starshine Park Improvements in the City of Diamond Bar.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed:
1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary labor, tools,
materials, appliances, and equipment for and do the work for the Starshine Park Improvements in the City of
Diamond Bar. The work to be performed in accordance with the Plans and specifications, dated January 20.
2005 (The Specifications) on file in the office of the City Clerk and in accordance with bid prices hereinafter
mentioned and in accordance with the instructions of the City Engineer.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY:
The Plans and Specifications are incorporated herein by reference and made a part hereof with like force and
effect as if set forth in full herein. The Plans and Specifications, CONTRACTOR'S Proposal dated January
20, 2005, together with this written agreement, shall constitute the contract between the parties. This contract is
intended to require a complete and finished piece of work and anything necessary to complete the work
properly and in accordance with the law and lawful governmental regulations shall be performed by the
CONTRACTOR whether set out specifically in the contract or not. Should it be ascertained that any
inconsistency exists between the aforesaid documents and this written agreement, the provisions of this written
agreement shall control.
The CONTRACTOR agrees to complete the work within sixty 60 calendar days from the date of the
notice to proceed.
The CONTRACTOR agrees further to the assessment of liquidated damages in the amount of five
hundred ($500.00) dollars for each calendar day the work remains incomplete beyond the expiration of the
completion date. The City may deduct the amount thereof from any monies due or that may become due the
CONTRACTOR under this agreement Progress payments made after the scheduled date of completion shall
not constitute a waiver of liquidated damages.
4. INSURANCE: The CONTRACTOR shall not commence work under this contract until he has
obtained all insurance required hereunder in a company or companies acceptable to City nor shall the
CONTRACTOR allow any subcontractor to commence work on his subcontract until all insurance required of
the subcontractor has been obtained. The CONTRACTOR shall take out and maintain at all times during the
life of this contract the following policies of insurance:
a. Workers' Compensation Insurance: Before beginning work, the CONTRACTOR shall
furnish to the City a certificate of insurance as proof that he has taken out full workers'
compensation insurance for all persons whom he may employ directly or through
subcontractors in carrying out the work specified herein, in accordance with the laws of
the State of California. Such insurance shall be maintained in full force and effect during
the period covered by this contract.
In accordance with the provisions of Section 3700 of the California Labor Code, every
CONTRACTOR shall secure the payment of compensation to his employees. The
CONTRACTOR, prior to commencing work, shall sign and file with the City a
certification as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which requires every
employer to be insured against liability for workers' compensation or to undertake self
insurance in accordance with the provisions of that Code, and I will comply with
such provisions before commencing the performance of work of this contract."
b. For all operations of the CONTRACTOR or any sub -contractor in performing the work
provided for herein, insurance with the following minimum limits and coverage:
1) Public Liability - Bodily Injury (not auto) $500,000 each person; $1,000,000 each
accident.
2) Public Liability - Property Damage (not auto) $250,000 each person; $500,000
aggregate.
3) CONTRACTOR'S Protective - Bodily Injury $500,000 each person; $1,000,000
each accident.
4) CONTRACTOR'S Protective - Property Damage $250,000 each accident;
$500,000 aggregate.
5) Automobile - Bodily Injury $500,000 each person; $1,000,000 each accident.
6) Automobile -Property Damage $250,000 each accident
C. Each such policy of insurance provided for in paragraph b. shall:
1) Be issued by an insurance company approved in writing by City, which is
admitted to do business in the State of California.
2) Name as additional insured the City of Diamond Bar, its officers, agents and
employees, and any other parties specified in the bid documents to be so included;
3) Specify it acts as primary insurance and that no insurance held or owned by the
designated additional insured shall be called upon to cover a loss under the policy;
4) Contain a clause substantially in the following words:
"It is hereby understood and agreed that this policy may not be canceled nor the
amount of the coverage thereof reduced until thirty (30) days after receipt by City
of a written notice of such cancellation or reduction of coverage as evidenced by
receipt of a registered letter."
5) Otherwise be in form satisfactory to the City.
d. The policy of insurance provided for in subparagraph a. shall contain an endorsement
which:
1) Waives all right of subrogation against all persons and entities specified in
subparagraph 4.c.(2) hereof to be listed as additional insured in the policy of
insurance provided for in paragraph b. by reason of any claim arising out of or
connected with the operations of CONTRACTOR or any subcontractor in
performing the work provided for herein;
2) Provides it shall not be canceled or altered without thirty (30) days' written notice
thereof given to City by registered mail.
e. The CONTRACTOR shall, within ten (10) days from the date of the notice of award of
the Contract, deliver to the City Manager or his designee the original policies of
insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his
designee a certificate of the insurance company, showing the issuance of such insurance,
and the additional insured and other provisions required herein.
5. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of
California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the CONTRACTOR is required to pay
not less than the general prevailing rate of per diem wages for work of a similar character in the locality in
which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday
and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of
California is required to and has determined such general prevailing rates of per diem wages. Copies of such
prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, Suite
100, 21660 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request.
City also shall cause a copy of such determinations to be posted at the job site.
The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five dollars ($25.00)
for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer,
workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work
done under this Agreement, by him or by any subcontractor under him.
6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of
the Labor Code, and in accordance with the regulations of the Califomi a Apprenticeship Council, properly
indentured apprentices may be employed in the performance of the work.
The CONTRACTOR is required to make contribution to funds established for the administrative
of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on
such contracts and if other CONTRACTOR'S on the public works site are making such contributions.
The CONTRACTOR and subcontractor under him shall comply with the requirements of
Sections 1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules and other requirements may be
obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San
Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all
workmen employed in the execution of this contract, and the CONTRACTOR and any sub -contractor under
him shall comply with and be governed by the laws of the State of California having to do with working hours
set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended.
The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each
laborer, workman or mechanic employed in the execution of the contract, by him or any sub- CONTRACTOR
under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer,
workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code.
8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence
pay to each workman needed to execute the work required by this contract as such travel and subsistence
payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code
Section 1773.8.
9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers, agents and
employees ("Indemnities") shall not be answerable or accountable in any manner for any loss or damage that
may happen to the work or any part thereof, or for any of the materials or other things used or employed in
performing the work; or for injury or damage to any person or persons, either workmen or employees of the
CONTRACTOR, of his subcontractor's or the public, or for damage to adjoining or other property from any
cause whatsoever arising out of or in connection with the performance of the work. The CONTRACTOR shall
be responsible for any damage or injury to any person or property resulting from defects or obstructions or from
any cause whatsoever.
The CONTRACTOR will indemnify Indemnities against and will hold and save Indemnities
harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities
that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other
organization arising out of or in connection with the work, operation, or activities of the CONTRACTOR, his
agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive or
active negligence on the part of City. In connection therewith:
a. The CONTRACTOR will defend any action or actions filed in connection with any such
claims, damages, penalties, obligations or liabilities and will pay all costs and expenses,
including attorneys' fees incurred in connection therewith.
b. The CONTRACTOR will promptly pay any judgment rendered against the
CONTRACTOR or Indemnities covering such claims, damages, penalties, obligations
and liabilities arising out of or in connection with such work, operations or activities of
the CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the
Indemnities harmless therefrom.
C. In the event Indemnities are made a party to any action or proceeding filed or prosecuted
against the CONTRACTOR for damages or other claims arising out of or in connection
with the work, operation or activities hereunder, the CONTRACTOR agrees to pay to
Indemnities and any all costs and expenses incurred by Indemnities in such action or
proceeding together with reasonable attorneys' fees.
So much of the money due to the CONTRACTOR under and by virtue of the contract as shall be
considered necessary by City may be retained by City until disposition has been made of such actions or claims
for damages as aforesaid.
This indemnity provision shall survive the termination of the Agreement and is in addition to any
other rights or remedies which Indemnities may have under the law.
This indemnity is effective without reference to the existence or applicability of any insurance
coverage which may have been required under this Agreement or any additional insured endorsements which
may extend to Indemnities.
CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives
all rights of subrogation and contribution against the Indemnities, while acting within the scope of their duties,
from all claims, losses and liabilities arising our of or incident to activities or operations performed by or on
behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the
Indemnities.
10. NON-DISCRIMINATI ON: Pursuant to Labor Code Section 1735, no discrimination shall be
made in the employment of persons in the work contemplated by this Agreement because of the race, color or
religion of such person. A violation of this section exposes the CONTRACT OR to the penalties provided for in
Labor Code Section 1735.
11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for furnishing all
material and doing the prescribed work the unit prices set forth in the Price Schedule in accordance with
CONTRACTOR'S Proposal dated January 20, 2005.
12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by either party to
enforce any term of provision of this agreement, the prevailing party shall recover its reasonable attorney's fees
and costs incurred with respect thereto.
13. TERMINATION: This agreement may be terminated by the City, without cause, upon the
giving of a written "Notice of Termination" to CONTRACT OR at least thirty (30) days prior to the date of
termination specified in the notice. In the event of such
termination, CONTRACTOR shall only be paid for services rendered and expenses necessarily incurred prior to
the effective date of termination.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities
required by law on the respective dates set forth opposite their signatures.
State of California
"CONTRACTOR'S" License No.
CS LEGACY CONSTRUCTION, INC.
M
Date TITLE
CITY OF DIAMOND BAR, CALIFORNIA
By:
Date WEN CHANG
MAYOR
ATTEST:
By:
LINDA LOWRY
CITY CLERK
Date
CONTRACTOR'S Business Phone
Emergency Phone at which CONTRACTOR can be reached at any time:
APPROVED AS TO FORM:
CITY ATTORNEY
Date
Agenda No. 6.2
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
DECEMBER 14, 2004
CALL TO ORDER:
Chairman Nolan called the meeting to order at 7:00 p.m. in the South Coast Air Quality
Management District/Government Center Hearing Board Room, 21865 Copley Drive,
Diamond Bar, California 91765.
PLEDGE OF ALLEGIANCE: Commissioner McManus led the Pledge of Allegiance.
1. ROLL CALL:
Present: Chairman Dan Nolan, Vice Chairman Jack Tanaka
and Commissioners Ruth Low, Joe McManus and Steve Tye.
Also present: James DeStefano, Deputy City Manager; Nancy
Fong, Planning Manager, and Stella Marquez, Administrative Assistant.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None
Offered.
3. APPROVAL OF AGENDA: As Presented.
4. CONSENT CALENDAR:
4.1 Minutes of the Regular Meeting of November 23, 2004.
C/Tye moved, VC/Tanaka seconded to approve the minutes of the
Regular Meeting of November 23, 2004, as presented. Motion carried by
the following Roll Call vote:
AYES:
NOES:
ABSENT:
10. OLD BUSINESS:
11. NEW BUSINESS:
COMMISSIONERS
COMMISSIONERS
COMMISSIONERS
None
Tye, VC/Tanaka, Low, McManus,
Chair Nolan
None
None
DECEMBER 14, 2004
Page 2 PLANNING COMMISSION
6.1 Discussion regarding December 28, 2004, Planning Commission
meeting:
Consider adjourning the Regular December 28, 2004, Planning
Commission meeting due to anticipated lack of quorum.
Motion by C/McManus, seconded by C/Tye to adjourn the regular
December 28, 2004, Planning Commission meeting due to anticipated
lack of quorum. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
12. PUBLIC HEARING(S):
McManus, Tye, Low, VC/Tanaka,
Chair/Nolan
None
None
12.1 Development Review No. 2004-27 and Tree Permit No. 2004-07 - In
accordance with Code Sections 22.48.020(x)(1) and 22.38, this was a
request to construct a four story single-family residence (split level design)
with 2 two -car garages, covered patio, deck and balconies totaling to
approximately 14,335 square feet. The request also included retaining
walls within the front, side and rear yards varying in height with a
maximum exposed height of six feet. The Tree Permit was related to the
removal, replacement and protection of walnut trees.
PROJECT ADDRESS
PROPERTY OWNER
23506 Mirage Lane
(Lot 31, Tract 23483)
Diamond Bar, CA 91765
Dong Lee
1526 Rancho Hills
Chino Hills, CA 91709
APPLICANT: Victor Choi
17047 Glenfold
Hacienda Heights, CA 91745
PM/Fong presented staff's report. Staff recommended Planning
Commission approval of Development Review No. 2004-27 and Tree
Permit No. 2004-07, Findings of Fact, and conditions of approval as listed
DECEMBER 14, 2004
within the resolution.
Page 3 PLANNING COMMISSION
Victor Choi, applicant, said he read staff's report and concurred with the
recommended conditions. He asked for Commission approval.
Chair/Nolan opened the public hearing.
With no one present who wished to speak on this item, Chair/Nolan closed
the public hearing.
VC/Tanaka said that when he visited the site this afternoon he spoke with
neighbors Mr. and Mrs. Scott living across the street from the proposed
project who said they were pleased to have the project move forward.
VC/Tanaka moved, C/Low seconded to approve Development Review
No. 2004-27 and Tree Permit No. 2004-07 as amended by C/Low,
Findings of Fact, and conditions of approval. Motion carried by the
following Roll Call vote:
AYES: COMMISSIONERS: VC/Tanaka, Low, McManus, Tye,
Chair/Nolan
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
12.2 Development Review No. 2004-37, Minor Variance No. 2004-07 and
Tree Permit No. 2004-11 - In accordance with Code Sections
22.48.020(x)(1), 22.52 and 22.38, this was a request to construct a three
story single-family residence with a four car garage containing two spaces
in tandem; covered patio, deck and balconies totaling to approximately
8,000 square feet. The request also included retaining walls within the
front, side and rear yards varying in height with a maximum exposed
height of eight feet. The Minor Variance was for a 20 percent reduction in
the required 30 -foot front yard setback and 30 percent increase in
exposed height for retaining walls within the front yard. The Tree permit
was related to the removal, replacement and protection of oak trees.
PROJECT ADDRESS: 2108 Rusty Spur
(Lot 107, Tract 30091)
Diamond Bar, CA 91765
PROPERTY OWNERS/ Yakob Liawatidewi and Sun Moon
DECEMBER 14, 2004
Suhaimi
APPLICANT:
Page 4 PLANNING COMMISSION
9355 Mesa Verde Drive #E
Montclair, CA 91763
DECEMBER 14, 2004
Page 5 PLANNING COMMISSION
PM/Fong presented staff's report. Staff recommended Planning
Commission approval of Development Review No. 2004-37 and Minor
Conditional Use Permit No. 2004-07, Findings of Fact, and conditions of
approval as listed within the resolution.
C/McManus responded to comments addressed in a letter from the
neighbors living across the street from this project that there are no
guarantees of a view when they build on a lot.
VC/Tanaka said he visited the site and asked if the property owners
intended to maintain the two existing retaining walls. PM/Fong responded
affirmatively.
C/Low asked for staff to explain the rationale for approving the variance.
PM/Fong explained that due to the topography of the lot the owner would
be required to increase the height of the retaining wall were the project to
be pushed further back on the lot. Therefore a 20 percent reduction was
warranted.
Yakob Liawatidewi, property owner, said he did not plan to move any oak
trees.
Chair/Nolan opened the public hearing.
With no one present who wished to speak on this matter, Chair/Nolan
closed the public hearing.
Chair/Nolan explained why he felt the project would lend itself to the
aesthetics of the area.
C/McManus moved, VC/Tanaka seconded to approve Development
Review No. 2004-37, Minor Variance NO. 2004-07 and Tree Permit No.
11, Findings of Fact, and conditions of approval. Motion approved by the
following Roll Call vote:
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
McManus, VC/Tanaka, Low, Tye,
Chair Nolan
None
None
DECEMBER 14, 2004 Page 6 PLANNING COMMISSION
13. PLANNING COMMISSION COMMENTS AND INFORMATION ITEMS:
C/Low wished her fellow Commissioners the best in their pursuit of the City
Council position.
C/Tye wished everyone Happy Holidays.
9. STAFF COMMENTS AND INFORMATION ITEMS:
10. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
ADJOURNMENT: With no further business before the Planning Commission,
Chair/Nolan adjourned the meeting at 7:12 p.m.
Respectfully Submitted,
James DeStefano
Deputy City Manager
Attest:
Dan Nolan, Chairman
Agenda No. 6.2
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
DECEMBER 14, 2004
CALL TO ORDER:
Chairman Nolan called the meeting to order at 7:00 p.m. in the South Coast Air Quality
Management District/Government Center Hearing Board Room, 21865 Copley Drive,
Diamond Bar, California 91765.
PLEDGE OF ALLEGIANCE: Commissioner McManus led the Pledge of Allegiance.
1. ROLL CALL:
Present: Chairman Dan Nolan, Vice Chairman Jack Tanaka and
Commissioners Ruth Low, Joe McManus and Steve Tye.
Also present: James DeStefano, Deputy City Manager; Nancy Fong,
Planning Manager, and Stella Marquez, Administrative Assistant.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered.
3. APPROVAL OF AGENDA: As Presented.
4. CONSENT CALENDAR:
4.1 Minutes of the Regular Meeting of November 23, 2004.
C/Tye moved, VC/Tanaka seconded to approve the minutes of the Regular
Meeting of November 23, 2004, aspresented. Motion carried bythe following
Roll Call vote:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
Tye, VC/Tanaka, Low, McManus,
Chair Nola n
None
None
5. OLD BUSINESS: None
6. NEW BUSINESS:
6.1 Discussion regarding December 28, 2004, Planning Commission
DECEMBER 14, 2004 Page 2 PLANNING COMMISSION
7
meeting:
Consider adjourning the Regular December28, 2004, Planning Commission
meeting due to anticipated lack of quorum.
Motion by C/McManus, seconded by C/Tye to adjourn the regular
December 28, 2004, Planning Commission meeting due to anticipated lackof
quorum. Motion carried bythe following Roll Call vote:
I,U��Ki]►�I►�16�9C�7►1�:�91
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
McManus, Tye, Low, VC/Tanaka,
Cha it/Nola n
None
None
PUBLIC HEARING(S):
7.1 Development Review No. 2004-27 and Tree Permit No. 2004-07 - In
accordance with Code Sections 22.48.020(a)(1) and 22.38, this was a
request to construct a four story single-family residence (split level design)
with 2 two -car garages, covered patio, deck and balconies totaling to
approximately 14,335 square feet. The request also included retaining walls
within the front, side and rear yards varying in height with a maximum
exposed height of six feet. The Tree Permit was related to the removal,
replacement and protection ofwalnut trees.
PROJECT ADDRESS: 23506 Mirage Lane
(Lot 31, Tract 23483)
Diamond Bar, CA 91765
PROPERTY OWNER: Dong Lee
1526 Rancho Hills
Chino Hills, CA 91709
APPLICANT: Victor Choi
17047 Glenfold
Hacienda Heights, CA 91745
PM/Fong presented staffs report. Staff recommended Planning Commission
approval of Development Review No. 2004-27 and Tree Permit No. 2004-07,
Findings of Fact, and conditions ofapprov al as listed within the resolution.
DECEMBER 14, 2004 Page 3 PLANNING COMMISSION
Victor Choi, applicant, said he read staffs report and concurred with the
recommended conditions. Heasked for Commission approval.
Chair/Nolan opened the public hearing.
With no one present who wished to speak on this item, Chair/Nolan closed
the public hearing.
VC/Tanaka said that when he visited the site this afternoon he spoke with
neighbors Mr. and Mrs. Scott living across the street from the proposed
project who said they were pleased to have the project move forward.
VC/Tanaka moved, C/Low seconded to approve Development Review
No. 2004-27 and Tree Permit No. 2004-07 as amended by C/Low, Findings
of Fact, and conditions of approval. Motion carried by the following Roll Call
vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
VC/Tanaka, Low, McManus, Tye,
Cha it/Nola n
None
None
7.2 Development Review No. 2004-37, Minor Variance No. 2004-07 and Tree
Permit No. 2004-11 - In accordance with Code Sections 22.48.020(a)(1),
22.52 and 22.38, this was a request to construct a three story single-family
residence with a four car garage containing two spaces in tandem; covered
patio, deck and balconies totaling to approximately 8,000 square feet. The
request also included retaining walls within the front, side and rear yards
varying in height with a maximum exposed height of eight feet. The Minor
Variance was for a 20 percent reduction in the required 30 -foot front yard
setback and 30 percent increase in exposed height for retaining walls within
the front yard. The Tree permit was related to the removal, replacement and
protection of oak trees.
PROJECT ADDRESS: 2108 Rusty Spur
(Lot 107, Tract 30091)
Diamond Bar, CA 91765
PROPERTY OWNERS/ Yakob Liawatidewi and Sun Moon Suhaimi
APPLICANT: 9355 Mesa Verde Drive #E
Montclair, CA 91763
DECEMBER 14, 2004 Page 4 PLANNING COMMISSION
DECEMBER 14, 2004 Page 5 PLANNING COMMISSION
PM/Fong presented staffs report. Staff recommended Planning Commission
approval of Development Review No. 2004-37 and Minor Conditional Use
Permit No. 2004-07, Findings of Fact, and conditions of approval as listed
within the resolution.
C/McManus responded to comments addressed in a letter from the
neighbors living across the street from this project that there are no
guarantees of view when they build on a lot.
VC/Tanaka said hevisited the site and asked if the property owners intended
to maintain the two existing retaining walls. PM/Fong responded affirmatively.
C/Low asked for staff to explain the rationale for approving the variance.
PM/Fong explained that due to the topography ofthe lotthe owner would be
required to increase the height of the retaining wall were the project to be
pushed further back on the lot. Therefore a 20 percent reduction was
wa rra n ted .
Yakob Liawatidewi, property owner, said he did not plan to move any oak
trees.
Chair/Nolan opened the public hearing.
With no one present who wished to speak on this matter, Chair/Nolan closed
the public hearing.
Chair/Nolan explained why he felt the project would lend itself to the
aesthetics of the area.
C/McManus moved, VC/Tanaka seconded to approve Development Review
No. 2004-37, Minor Variance NO. 2004-07 and Tree Permit No. 11, Findings
of Fact, and conditions of approval. Motion approved by the following Roll
Ca I I vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
McManus, VC/Tanaka, Low, Tye,
Chair Nola n
None
None
DECEMBER 14, 2004 Page 6 PLANNING COMMISSION
8. PLANNING COMMISSION COMMENTS AND INFORMATION ITEMS:
C/Low wished her fellow Commissioners the best in their pursuit ofthe City Council
position.
C/Tye wished everyone Happy Holidays.
9. STAFF COMMENTS AND INFORMATION ITEMS:
10. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
ADJOURNMENT: With no further business before the Planning Commission,
Chair/Nolan adjourned the meeting at7:12 p.m.
Respectfully Submitted,
James DeStefano
Deputy City Manager
Attest:
Dan Nolan, Chairman
Agenda No. 6.3
CITY OF DIAMOND BAR
MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION
ADJOURNED REGULAR MEETING
NOVEMBER 9, 2004
CALL TO ORDER:
Chair Pincher called the meeting to order at 7:08 p.m. in the South Coast Air Quality
Management/Government Center Hearing Board Room, 21865 Copley Drive, Diamond
Bar, California 91765.
PLEDGE OF ALLEGIANCE: Commissioner Morris led the Pledge of Allegiance.
ROLL CALL: Present: Chair Pincher, Vice Chairman Torng and
Commissioners Morris, Shah and Virginkar.
Also Present: David Liu, Director of Public Works; Fred Alamolhoda, Senior
Engineer; Kimberly Molina, Assistant Engineer; Sharon Gomez, Senior Management
Analyst and Debbie Gonzales, Administrative Assistant.
I. APPROVAL OF MINUTES:
A. Minutes of regular meeting of October 14, 2004.
VC/Torng moved, C/Morris seconded, to approve the October 14, 2004
minutes as presented. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Morris, Shah, VC/Torng,
Chair/Pincher
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: Virginkar
ABSENT: COMMISSIONERS: None
II. PUBLIC COMMENTS: None Offered.
III. CONSENT CALENDAR: None
IV. ITEMS FROM STAFF:
A. Traffic Enforcement Update — Received and filed on the following items:
1. Citations: October 2004
2. Collisions: October 2004
3. Future Deployment of the Radar Trailer
V. OLD BUSINESS: None
NOVEMBER 9, 2004 PAGE 2 T&T COMMISSION
VI. NEW BUSINESS: None
VII. STATUS OF PREVIOUS ACTION ITEMS:
PWD/Liu reported that on October 19 the City Council approved the left -turn signal
modification work for the following locations: Diamond Bar Boulevard at Sunset
Crossing Road; Diamond Bar Boulevard at the NB SR 57 On -Ramp, and Diamond
Bar Boulevard at Cold Spring Lane. The Council also approved as part of this
fiscal year's capital improvement program, a new signal on Diamond Bar
Boulevard at Maple Hill Road. On November 2, 2004, the City Council approved
the Commission's recommendation to install multi -way stop signs on Longview
Drive at Stardust Drive. Also on November 2, 2004, staff presented a proposal to
the City Council recommending utilization of two driver feedback signs as a pilot
project for the City's traffic calming program.
SMA/Gomez stated that staff received presentations from 3M and Fortel,
companies that manufacture message board signs used in conjunction with stop
signs. The LED signs are normally posted below a speed limit sign and flash the
speed limit. In addition, radar installed inside the sign indicates the rate of speed of
approaching vehicles. The more sophisticated Fortel sign can be programmed to
display multiple messages such as the posted speed limit, the vehicles speed,
slow down messages, etc. Staff is awaiting feedback from the City's traffic
engineers and other cities that have used this technology.
SMA/Gomez responded to C/Virginkar that the 3M signs cost about $4,500 to
$5,000 per sign and the Fortel signs cost from $5,500 to $6,000 per sign.
C/Virginkar felt it would help if staff developed criteria for these installations.
VC/Torng indicated to staff that George Allen, City of Garden Grove, spoke about
this technology and said that it had reduced speed in their city by about 21 percent.
Mr. Allen also stated that the trick was to not utilize the sign on a continuous basis
and only at certain times to educate the drivers. Mr. Allen said he felt the signs
were most useful in school zones.
C/Morris said he hoped that this would not become a public request program until
completion of a pilot program. He agreed with C/Virginkar that specific criteria
should be developed and felt that a combination of traffic volume and speeds in
excess of the 85th percentile would be a good goal.
VIII. ITEMS FROM COMMISSIONERS:
C/Shah felt the new right -turn signs on Grand Avenue near the Diamond Bar
Center were working well.
NOVEMBER 9, 2004 PAGE 3 T&T COMMISSION
VC/Torng found that there was a lot of duplication of information at this year's
Traffic Commission Seminar. However, it provided good reinforcement. He offered
his seminar materials to staff and other commissioners. He said he was pleased to
learn about the LED speed sign program.
Chair/Pincher said she recently visited Etna, California just east of Yreka in
northern California and the only road in and out of the town of 600 residents had
one of the LED sign installations. She referred the Commission to the Diamond Bar
City News she received on November 5, 2004, and complimented the author of
the article "Diamond Bar's Got Smarts." She felt that the author did a beautiful job
and that the article was easy to read and offered excellent explanations.
PWD/Liu responded to Chair/Pincher that while various staff members contributed
to the content, PIM/Blakey was responsible for its authorship. As a result of the
article staff had received a number of telephone calls from residents.
IX. INFORMATIONAL ITEMS:
A. Response to C.W. Beck Request.
SMA/Gomez gave a brief presentation in response to some of Mr. Beck's
concerns and reported that staff would be in a position to offer a full report
to the Commission at its next regularly scheduled meeting. With respect to
placing signage at each signalized intersection in Diamond Bar indicating
the red-light violation fees, she restated that Mr. Beck felt that the posting
would be a deterrent. SMA/Gomez said that she was attempting to get
information from Mr. Beck about his source of information and that other
possible warning measures were being considered. The Sheriff's
Department indicated that it was difficult to enforce red light running
because it took a minimum of three officers in three different vehicles to run
such an enforcement operation and that during peak hours it was difficult to
place three officers at one location. Therefore, staff and Council are
discussing the possibility of camera enforcement to replace manual
enforcement. Secondly, Mr. Beck requested that the City place a "No Right
Turn on Red" sign at the intersection of Diamond Bar Boulevard and Grand
Avenue. The City's traffic engineers are opposed to such sign installations
at this particular intersection because to disallow the turn would be a
detriment to traffic movement. Another request was to reduce the speed
limit on Grand Avenue and Diamond Bar Boulevard to 35 mph for the entire
length of the streets. However, the City's recently approved speed zone
study recommended no such changes due to the specific criteria.
SMA/Gomez said she would speak with Mr. Beck to advise him about these
items.
B. Neighborhood Traffic Management Program Meeting with Joel Falter, Katz
Okitsu & Associates.
NOVEMBER 9, 2004 PAGE 4 T&T COMMISSION
Chair/Pincher recessed the Hearing Board Room meeting and reconvened
the meeting in Conference Room CC -8.
The Commissioners commenced the session with a round table discussion.
C/Morris felt that one of the primary goals of the study was to educate the
public about how their behavior affected their neighbors. She stated that
most of the school traffic problems stem from bad behavior.
C/Morris suggested that at the behest of the schools, parents could be
encouraged to sign a contract agreeing to practice good behavior.
SE/Alamolhoda agreed that rather than the City it might be more palpable
for the schools to initiate the contacts.
In response to C/Virginkar, Mr. Faulter explained that once a sub -area
within the district was identified, he would look to identify a street or series
of streets where there appeared to be problems of speeding, cut -through
and other related traffic issues and begin to collect data on those areas of
concern to gain understanding of the real issues. Using the data, he would
begin to formulate a plan for mitigation. PWD/Liu explained how staff and
law enforcement would be involved in the process. The City committed
significant resources to this study and the Commission could rest assured
that it would be closely monitored for effectiveness. He felt that community
participation was essential to the study.
C/Morris felt that by keeping cut -through traffic on the freeways and keeping
arterial traffic on the arterials it would solve a myriad of neighborhood traffic
problems.
C/Virginkar agreed that the study should commence in the northern portion
of the City due to the geography at Sunset Crossing Road and the cut -
through traffic. The next area for study would be the brown area around
Leyland Drive continuing toward Goldrush Drive and the Pantera Park area;
and, then the pink area with a lot of cut -through traffic from Diamond Bar
Boulevard to Pathfinder Road to the SR 57. For the most part the green
area was cured. The blue area would be at the lower end of the spectrum
due to its flat terrain.
C/Virginkar suggested sending a well-designed colored brochure of each
area to the residents in order to better attract their attention to the study.
PWD/Liu suggested that in order to cut down on the cost of the mailing that
a well-designed colored postcard could be used.
Chair/Pincher reiterated that the Commissioners concurred with the ranking
of the areas outlined by C/Virginkar.
NOVEMBER 9, 2004 PAGE 5 T&T COMMISSION
Mr. Faulter concluded that he was present tonight to receive the
Commission's input. He explained that traffic management/traffic calming
was a type of social engineering. When dealing with people's emotions and
attempts to change their habits the formula of set guidelines sometimes
worked and sometimes did not work.
X. SCHEDULE OF FUTURE CITY EVENTS — as adgendized.
XII. FUTURE AGENDA ITEMS:
The Commission concurred to go dark on December 9, 2004 due to lack of
quorum.
ADJOURNMENT: With no further business to come before the Traffic and
Transportation Commission, Chair/Pincher adjourned the meeting at 9:15 p.m. to
Thursday, January 13, 2005 at 7:00 p.m.
Respectfully,
David G. Liu, Secretary
Attest:
Chair Liana Pincher
Agenda No. 6.3
CITY OF DIAMOND BAR
MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION
ADJOURNED REGULAR MEETING
NOVEMBER 9, 2004
CALL TO ORDER:
Chair Pincher called the meeting to order at 7:08 p.m. in the South Coast Air Quality
Management/Gover nment Center Hearing Board Room, 21865 Copley Drive, Diamond
Bar, California 91765.
PLEDGE OF ALLEGIANCE: Commissioner Morris led the Pledge of Allegiance.
ROLL CALL: Present: Chair Pincher, Vice Chairman Torng and
Commissioners Morris, Shah and Virginkar.
Also Present: David Liu, Director of Public Works; Fred Alamolhoda, Senior
Engineer; Kimberly Molina, Assistant Engineer; Sharon Gomez, Senior Management
Analyst and Debbie Gonzales, Administrative Assistant.
I. APPROVAL OF MINUTES:
A. Minutes of regular meeting of October 14, 2004.
VC/Torng moved, C/Morris seconded, to approve the October 14, 2004
minutes as presented. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Morris, Shah, VC/Tomg,
Chair/Pincher
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: Virginkar
ABSENT: COMMISSIONERS: None
II. PUBLIC COMMENTS: None Offered.
III. CONSENT CALENDAR: None
IV. ITEMS FROM STAFF:
A. Traffic Enforcement Update — Received and filed on the following items:
1. Citations: October 2004
2. Collisions: October 2004
3. Future Deployment ofthe Radar Trailer
V. OLD BUSINESS: None
NOVEMBER 9, 2004 PAGE 2 T&T COMMISSION
VI. NEW BUSINESS: None
VII. STATUS OF PREVIOUS ACTION ITEMS:
PWD/Liu reported that on October 19 the City Council approved the left -turn signal
modification work for the following locations: Diamond Bar Boulevard at Sunset
Crossing Road; Diamond Bar Boulevard at the NB SR 57 On -Ramp, and Diamond
Bar Boulevard at Cold Spring Lane. The Council also approved as part of this
fiscal year's capital improvement program, a new signal on Diamond Bar
Boulevard at Maple Hill Road. On November 2, 2004, the City Council approved
the Commission's recommendation to install multi -way stop signs on Longview
Drive at Stardust Drive. Also on November 2, 2004, staff presented a proposal to
the City Council recommending utilization of two driver feedback signs as a pilot
project for the City's traffic calming program.
SMA/Gomez stated that staff received presentations from 3M and Fortel,
companies that manufacture message board signs used in conjunction with stop
signs. The LED signs are normally posted below a speed limit sign and flash the
speed limit. In addition, radar installed inside the sign indicates the rate of speed of
approaching vehicles. The more sophisticated Fortel sign can be programmed to
display multiple messages such as the posted speed limit, the vehicles speed,
slow down messages, etc. Staff is awaiting feedback from the City's traffic
engineers and other cities that have used this technology.
SMA/Gomez responded to C/Virginkar that the 3M signs cost about $4,500 to
$5,000 per sign and the Fortel signs costfrom $5,500 to $6,000 per sign.
CNirginkar felt it would help if staff developed criteria for these installations.
VC/Torng indicated to staff that George Allen, City of Garden Grove, spoke about
this technology and said that it had redu ced speed in their city by about 21
percent. Mr. Allen also stated that the trick was to not utilize the sign on a
continuous basis and only at certain times to educate the drivers. Mr. Allen said he
felt the signs were most useful in school zones.
C/Morris said he hoped that this would not become a public request program until
completion of a pilot program. He agreed with C/Virginka r that specific criteria
should be developed and felt that a combination of traffic volume and speeds in
excess of the 85th percentile would be good goal.
kylII11110:1LY, RNa:%]kyi«0]LY, LY, &*yICZI:I:�_3
C/Shah felt the new right -turn signs on Grand Avenue near the Diamond Bar
Center were working well.
NOVEMBER 9, 2004 PAGE 3 T&T COMMISSION
VC/Torng found that there was a lot of du plication of information at this year's
Traffic Commission Seminar. However, it provided good reinforcement. He offered
his seminar materials to staff and other commissioners. He said hewas pleased to
learn about the LED speed sign program.
Chair/Pincher said she recently visited Etna, California just east of Yreka in
northern California and the only road in and out of the town of 600 residents had
one of the LED sign installations. She referred the Commission to the Diamond
Bar City News she received on November 5, 2004, and complimented the author
of the article "Diamond Bar's Got Smarts." She felt that the author did a beautiful
job and that the article was easy to read and offered excellent explanations.
PWD/Liu responded to Chair/Pincher that while various staff members contributed
to the content, PIM/Blakey was responsible for its authorship. As a result of the
article staff had received a number of telephone calls from residents.
IX. INFORMATIONAL ITEMS:
A. Response to C.W. Beck Request.
SMA/Gomez gave a brief presentation in response to some of Mr. Beck's
concerns and reported that staff would be in a position to offer a full report
to the Commission at its next regularly scheduled meeting. With respect to
placing signage at each signalized intersection in Diamond Bar indicating
the red-light violation fees, she restated that Mr. Beck felt that the posting
would be a deterrent. SMA/Gomez said that she was attempting to get
information from Mr. Beck about his source of information and that other
possible warning measures were being considered. The Sheriffs
Department indicated that it was difficult to enforce red light running
because it took a minimum of three officers in three different vehicles to run
such an enforcement operation and that during peak hours it was difficult to
place three officers at one location. Therefore, staff and Council are
discussing the possibility of camera enforcement to replace manual
enforcement. Secondly, Mr. Beck requested that the City place a "No Right
Turn on Red" sign at the intersection of Diamond Bar Boulevard and Grand
Avenue. The City's traffic engineers are opposed to such sign installations
at this particular intersection because to disallow the turn would be a
detriment to traffic movement. Another request was to reduce the speed
limit on Grand Avenue and Dia mond Bar Boulevard to 35 mph for the entire
length of the streets. However, the City's recently approved speed zone
study recommended no such changes due to the specific criteria.
SMA/Gomez said she would speak with Mr. Beck to advise him about these
items.
B. Neighborhood Traffic Management Program Meeting with Joel Falter, Katz
Okitsu & Associates.
NOVEMBER 9, 2004 PAGE 4 T&T COMMISSION
Chair/Pincher recessed the Hearing Board Room meeting and reconvened
the meeting in Conference Room CC -8.
The Commissioners commenced the session with a round table discussion.
C/Morris felt that one of the primary goals of the study was to educate the
public about how their behavior affected their neighbors. She stated that
most of the school traffic probl ems stem from bad behavior.
C/Morris suggested that at the behest of the schools, parents could be
encouraged to sign a contract agreeing to practice good behavior.
SE/Alamolhoda agreed that rather than the City it might be more palpable
for the schools to initiate the contacts.
In response to CNirginkar, Mr. Faulter explained that once a sub -area
within the district was identified, he would look to identify a street or series
of streets where there appeared to be problems of speeding, cut -through
and other related traffic issues and begin to collect data on those areas of
concern to gain understanding of the real issues. Using the data, he would
begin to formulate a plan for mitigation. PWD/Liu explained how staff and
law enforcement would be involved in the process. The City committed
significant resources to this study and the Commission could rest assured
that it would be closely monitored for effectiveness. He felt that community
participation was essential to the study.
C/Morris felt that by keeping cut-th rough traffic on the freeways and keeping
arterial traffic on the arterials itwoul d solve a myriad of neighborhood traffic
problems.
CNirginkar agreed that the study should commence in the northern portion
of the City due to the geography at Sunset Crossing Road and the cut -
through traffic. The next area for study would be the brown area around
Leyland Drive continuing toward Goldru sh Drive and the Pantera Park area;
and, then the pink area with a lot of cut -through traffic from Diamond Bar
Boulevard to Pathfinder Road to the SR 57. For the most part the green
area was cured. The blue area would be at the lower end of the spectrum
due to its flat terrain.
CNirginkar suggested sending a well -de signed colored brochure of each
area to the residents in order to better attract their attention to the study.
PWD/Liu suggested that in order to cut down on the cost of the mailing that
a well-designed colored postcard could be used.
Chair/Pincher reiterated that the Commissioners concurred with the ranking
of the areas outlined by CNirginkar.
NOVEMBER 9, 2004 PAGE 5 T&T COMMISSION
Mr. Faulter concluded that he wa s present tonight to receive the
Commission's input. He explained that traffic management/traff is calming
was a type of social engineering. When dealing with people's emotions and
attempts to change their habits the formula of set guidelines sometimes
worked and sometimes did not work.
X. SCHEDULE OF FUTURE CITY EVENTS —as adgendized.
XII. FUTURE AGENDA ITEMS:
The Commission concurred to go dark on December 9, 2004 due to lack of
quorum.
ADJOURNMENT: With no further business to come before the Traffic and
Transportation Commission, Chair/Pincher adjourned the meeting at 9:15 p.m. to
Thursday, January 13, 2005 at7:00 p.m.
Resp ectfu I I y,
David G. Liu, Secretary
Attest:
Chair Liana Pincher
AGENDA # 6.4
NOTICE REGARDING THE CHECK REGISTER
Please note that the Check Register has not been
included in the electronic versions of the City
Council Agenda Packets on the City's Web Site
because severe formatting errors occur when
attempting to convert this material. If you are
interested in receiving a copy of the Warrant
Register, please contact the City Clerk's office at
909-839-7010 to receive a FAXed copy or to pick
one up in person.
We apologize for the inconvenience.
AGENDA # 6.4
NOTICE REGARDING THE CHECK REGISTER
Please note that the Check Register has not been included
in the electronic versions of the City Council Agenda
Packets on the City's Web Site because severe formatting
errors occur when attempting to convert this material. If you
are interested in receiving a copy of the Warrant Register,
please contact the City Clerk's office at 909-839-7010 to
receive a FAXed copy or to pick one up in person.
We apologize for the inconvenience.
Agenda #
6.5
Meeting Date: Feb. 1, 2005
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Treasurer's Statement — December, 2004
RECOMMENDATION:
Approve the December 2004, Treasurer's Statement.
FINANCIAL IMPACT:
No Fiscal Impact
BACKGROUND:
Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City
Council's review and approval. This statement shows the preliminary cash balances for the various
funds, with a breakdown of bank account balances, investment account balances and the effective
yield earned from investments.
PREPARED BY:
Susan Full, Sr. Accountant
Department Head
Attachments:
Treasurer's Statement
Deputy City Manager
CITY OF DIAMOND BAR
TREASURER'S MONTHLY CASH STATEMENT
December 31, 2004
GENERAL FUND
LIBRARY SERVICES FUND
COMMUNITY ORG SUPPORT FD
GAS TAX FUND
TRANSIT TX (PROP A) FD
TRANSIT TX (PROP C) FD
ISTEA Fund
INTEGRATED WASTE MGT FD
AB2928-TR CONGESTION RELIEF FD
AIR QUALITY IMPRVMNT FD
PARK & FACILITIES DEVEL. FD
COM DEV BLOCK GRANT FD
CITIZENS OPT -PUBLIC SAFETY FD
NARCOTICS ASSET SEIZURE FD
CA LAW ENFORCEMENT EQUIP PRGM
LANDSCAPE DIST #38 FD
LANDSCAPE DIST #39 FD
LANDSCAPE DIST #41 FD
GRAND AV CONST FUND
CAP IMPROVEMENT PRI FD
SELF INSURANCE FUND
EQUIPMENT REPLACEMENT FUND
COMPUTER REPLACEMENT FUND
PUBLIC FINANCING AUTHORITY FUND
TOTALS
SUMMARY OF CASH:
DEMAND DEPOSITS:
BEGINNING
BALANCE
RECEIPTS
DISBURSEMENTS
TRANSFERS ENDING
IN (OUT) BALANCE
$22,692,428.98
$1,507,549.08
$1,658,109.82
$22,541,868.2
4
0.00
0.00
(5,006.74)
200.00
(5,206.74)
833,712.53
833,712.53
1,275,314.99
118,033.69
88,094.46
1,305,254.22
867,390.96
65,833.15
933,224.11
0.00
0.00
569,426.59
31,926.29
537,500.30
0.00
0.00
155,121.65
18,173.22
1,028.75
172,266.12
1,881,039.43
1,881,039.43
(65,522.45)
13,100.54
(78,622.99)
318,473.57
3,322.33
315,151.24
314,314.22
314,314.22
71,135.79
71,135.79
384,822.72
102,251.97
10,791.85
476,282.84
226,161.39
65,001.76
29,745.99
261,417.16
332,239.96
48,697.18
3,711.98
377,225.16
111,579.53
111,579.53
(1,431,098.15)
42,665.92
(1,473,764.07)
1,318,192.28
1,318,192.28
194,996.31
194,996.31
(4,061.55)
(4,061.55)
572,251.26
590.36
21,952.89
550,888.73
$30,612,913.2
$1,926,130.4
$1,904,650.82
$0.00 $30,634,392.
7
1
86
GENERAL ACCOUNT
PAYROLL ACCOUNT
CHANGEFUND
($69,946.11)
(88,600.24)
250.00
PETTY CASH ACCOUNT
TOTAL DEMAND DEPOSITS
INVESTMENTS: US TREASURY Money Market Acct.
LOCAL AGENCY INVESTMENT FD
CASH WITH FISCAL AGENT: US TREASURY Money Market
Account
LOCAL AGENCY INVESTMENT FD
(Bond Proceeds Account)
500.00
($157,796.35)
$752,604.68
29,488,695.80
30,241,300.4
8
$401,555.76
149,332.97
550,888.73
TOTAL CASH $30,634,392.
86
Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. There are two LAIF accounts set up. The
regular account's funds are available for withdrawal within 24 hours. The LAIF Bond Proceeds account's withdrawals require 30 days notice.
As a secondary investment option, the City maintains the US Treasury Sweep Accounts with Wells Fargo and the City's Fiscal Agent, Union Bank
of California. Any excess funds are "swept" on a daily basis from the City's bank accounts and are invested overnight in a pool of US Treasury
Notes. Interest is credited to the City's bank accounts on a monthly basis.
L.A.I.F - Effective Yield - December 2004 2.134%
Wells Fargo Money Mkt -Effective Yield - December 2004 1.395%
Union Bank Money Mkt - Effective Yield - December 2004 1.570%
All investments are placed in accordance with the City of Diamond Bar's Investment Policy.
The above summary provides sufficient cash flow liquidity to meet the next six month's
estimated expenditures.
Linda C. Lowry, Treasurer
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Treasurer's Statement — December, 2004
RECOMMENDATION:
Approve the December 2004, Treasurer's Statement.
FINANCIAL IMPACT:
No Fiscal Impact
BACKGROUND:
Agenda # — 65
Meeting Date: Feb. 1, 2005
AGENDA REPORT
Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City
Council's review and approval. This statement shows the preliminary cash balances for the various
funds, with a breakdown of bank account balances, investment account balances and the effective
yield earned from investments.
PREPARED BY:
Susan Full, Sr. Accountant
Department Head
Attachments:
Treasurer's Statement
Deputy City Manager
CITY OF DIAMOND BAR
TREASURER'S MONTHLY CASH STATEMENT
December 31, 2004
GENERAL FUND
LIBRARY SERVICES FUND
COMMUNITY ORG SUPPORT FD
GAS TAX FUND
TRANSIT TX (PROP A) FD
TRANSIT TX (PROP C) FD
ISTEA Fund
INTEGRATED WASTE MGT FD
AB2928-TR CONGESTION RELIEFFD
AIR QUALITY IMPRVMNT FD
PARK & FACILITIES DEVEL. FD
COM DEV BLOCK GRANT FD
CITIZENS OPT PUBLIC SAFETY FD
NARCOTICS ASSET SEIZURE FD
CA LAW ENFORCEMENT EQUIP FROM
LANDSCAPE DIST #38 FD
LANDSCAPE DIST #39 FD
LANDSCAPE DIST #41 FD
GRAND AV CONST FUND
CAP IMPROVEMENT PRJ FD
SELF INSURANCE FUND
EQUIPMENT REPLACEMENT FUND
COMPUTER REPLACEMENT FUND
PUBLIC FINANCING AUTHORITY FUND
TOTALS
SUMMARY OF CASH:
DEMAND DEPOSITS:
BEGINNING TRANSFERS ENDING
BALANCE RECEIPTS DISBURSEMENTS IN(OUT) BALANCE
$22,692,428.98
$1507,549.08
$1,658,109.82
$22,541,868.24
0.00
0.00
(5,006.74)
200.00
(5,206.74)
833,712.53
833,71253
1,275,314.99
118,033.69
88,094.46
1,305254.22
867,390.96
65,833.15
933,224.11
0.00
0.00
569,426.59
31,926.29
537,50030
0.00
0.00
155,121.65
18173.22
1,028.75
172,266.12
1,881,039.43
1,881,039.43
(65,522.45)
13,100.54
(78,622.99)
318,473.57
3,322.33
315,15124
314,314.22
314,31422
71,135.79
71,135.79
384,822.72
102,251.97
10,791.85
476,282.84
226,161.39
65,001.76
29,745.99
261,417.16
332,239.96
48,697.18
3,711.98
377,225.16
11 1,579.53
111,57953
(1,431,098.15)
42,665.92
(1,473,764.07)
1,318,192.28
1,318,192.28
194,99631
194,99631
(4,061.55)
(4,061.55)
572,251.26
590.36
21,952.89
550,888.73
$30,612913.27
$1926,130.41
$1904,650.82
$0.00 $30,634392.86
GENERAL ACCOUNT ($69,946.11)
PAYROLL ACCOUNT (88,600.24)
CHANGE FUND 250.00
PETTY CASH ACCOUNT 500.00
TOTAL DEMAND DEPOSITS ($157,796.35)
INVESTMENTS: US TREASURY Money Market Acct. $752,604.68
LOCAL AGENCY INVESTMENT
FD 29,488,695.80
30,241,300.48
US TREASURY Money Market
CASH WITH FISCAL AGENT: Account $401,555.76
LOCAL AGENCY INVESTMENT
FD 149,332.97
(Bond Proceeds Account)
550,888.73
TOTAL CASH $30,634,392.86
Note: The City of Diamond Bar is invested in the State Treasurer's local Agency Investment Fund. There are two LAIF accounts set up. The
regular account's funds are available for withdrawal within 24 hours. The LAIF Bond Proceeds account's withdrawals require 30 days notice.
As a secondary investment option, the City maintains the US Treas ury Sweep Accounts with Wells Fargo and the CIty's Fiscal Agent, Union Bank of
California. Any excess funds are "swept" on a daily basis from the City's bank accounts and are invested overnight in a pool of US Treasury Notes. Interest is
credited to the City's bank accounts on a monthlybasis.
L.A.LF -Effective Yield - December 2004 2.134%
Wells Fargo Money Mkt -Effective Yield -December 2004 1.395
Union Bank Money Mkt - Effective Yield -Dwem ber 2004 1.570
All investments are placed in accordance with the City of Diamond Bar's Investment Policy.
The above summary provides sufficient cash flow liquidity to meet the next six month's
estimated expenditures.
Linda C. Lowry, Treasurer
Agenda # 6.6
Meeting Date: Feb. 1, 2005
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Rejection of Claim — Filed by Jesus S. Trinidad — January 14, 2005.
RECOMMENDATION: Carl Warren & Co., the City's claims administrator, recommends the City
Council reject the claim filed by Jesus S. Trinidad.
FINANCIAL IMPACT: There is no financial implication associated with rejecting this claim. The
claim for damage is for approximately $143.00. Should the claim be successful, it will be paid by the
JPIA.
BACKGROUND: On January 14, 2005, Jesus S. Trinidad filed a Claim for Damages with the City
alleging that he hit a pothole on Golden Spgs. Dr. in the City of Diamond Bar thereby causing damage
to one of his tires. Carl Warren & Co., the City's claims administrator, determined that the claim
appears to be one of questionable liability and has recommended denial. Upon action by the City
Council, appropriate notice shall be sent to the claimant and Carl Warren & Co.
PREPARED BY: Tommye Cribbins, Executive Asst.
REVIEWED BY:
Deputy City Manager
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # 6.6
Meeting Date: Feb. 1, 2005
AGENDA REPORT
TITLE: Rejection of Claim — Filed by Jesus S. Trinidad — January 14, 2005.
RECOMMENDATION: Carl Warren & Co., the City's claims administrator, recommends the City
Council reject the claim filed by Jesus S. Trinidad.
FINANCIAL IMPACT: There is no financial implication associated with rejecting this claim. The
claim for damage is for approximately $143.00. Should the claim be successful, it will be paid by the
JPIA.
BACKGROUND: On January 14, 2005, Jesus S. Trinidad filed a Claim for Damages with the City
alleging that he hit a pothole on Golden Spgs. Dr. in the City of Diam and Bar thereby causing
damage to one of his tires. Carl Warren & Co., the City's claims administrator, determined that the
claim appears to be one of questionable liability and has recommended denial. Upon action by the
City Council, appropriate notice shall be sent to the claimant and Carl Warren &Co.
PREPARED BY: Tommye Cribbins, Executive Asst.
REVIEWED BY:
Deputy City Manager
Agenda # 6.7 a
Meeting Date: February 1, 2005
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: ADOPT RESOLUTION NO. 2005 -XX ORDERING THE CITY
ENGINEER TO PREPARE AND TO FILE A REPORT RELATED
TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY
OF DIAMOND BAR ASSESSMENT DISTRICT NO. 38 AND ANY
ASSESSMENT THEREON FOR FISCAL YEAR 2005-2006.
RECOMMENDATION:
E••
FINANCIAL IMPACT:
The cost of the Assessment Engineering services needed for the three Assessment
Districts totals $11,250 and is charged to each District proportionately; therefore, the
cost for Assessment District No. 38 is $3,750.
BACKGROUND/DISCUSSION:
The City has an annual program for the maintenance of landscaping as well as open
space improvements, and intends to continue said program by special assessments
upon lands divided into three Districts within the City. Funds must be provided to
enable each District to continue their operation during the 2005-2006 Fiscal Year. Of
the City's three Districts, District 38 encompasses the whole of the City and is illustrated
on Exhibit "A-1" map.
As part of this program update, the City must undergo a three step process. First, the
City initiates the process by adopting resolutions ordering the City Engineer to prepare
and file an engineer's report for each district. Second, the report is finalized and
presented to the City Council who, in turn, adopts resolutions of intention that are set for
a Public Hearing. Lastly, a Public Hearing is held at a City Council meeting where all
three
Assessment Districts are approved and confirmed, resulting in the adoption of a
resolution confirming the levy of assessments. It is noted that these levies are
anticipated to remain the same as those for FY 2004-05. Throughout the entire process,
all proceedings for the maintenance of public improvements will be pursuant to the
provisions of the Landscape and Lighting Act of 1972 of Part 2 of Division 15 of the
Streets and Highways Code of the State of California.
Sharon Gomez, Senior Management Analyst
REVIEWED BY:
David G. Liu, Director of Public Works JamesDeStefano, Assistant City Manager
Attachment: Exhibit "A-1" Map
Resolution No. 2005 -XX
2
RESOLUTION NO. 2005 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A
REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS
IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 38 AND
ANY ASSESSMENT THEREON FOR FISCAL YEAR 2005-06
A. RECITALS
(i) Heretofore the City of Diamond Bar Assessment District No. 38 was created
pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§
22500, et. seq.).
(ii) California Streets and Highways Code § 22622 provides that this Council
shall adopt a resolution generally describing any proposed new improvements or
substantial changes in existing improvements in such a district and ordering the City
Engineer to prepare and file a report related to annual maintenance and assessment in
such a district.
(iii) No new improvements or substantial changes in existing improvements are
proposed for said Landscaping Assessment District No. 38.
(iv) All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION
NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby
find, determine and resolve as follows:
1. The Recitals, as set forth in Part A of this Resolution, are in all
respects true and correct.
2. The City Engineer hereby is ordered and directed to prepare an
annual report as specified in California Streets and Highways Code §§
22565, et seq., with respect to City of Diamond Bar Assessment District
No. 38 for Fiscal Year 2005-06.
3. The City Clerk shall certify to the adoption of this Resolution.
1
PASSED, ADOPTED AND APPROVED this _ day of , 2005.
Wen P. Chang, Mayor
I, LINDA C. LOWRY, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was passed, adopted and approved at a regular meeting of the
City Council of the City of Diamond Bar held on the day of , 2005, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
Linda C. Lowry, City Clerk
2
Agenda # 6.7
Meeting Date: Februaa 1, 2005
CITY COUNCIL AGENDA REPORT
NCO22Po9'X' ,
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: ADOPT RESOLUTION NO. 2005 -XX ORDERING THE CITY
ENGINEER TO PREPARE AND TO FILE A REPORT RELATED
TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY
OF DIAMOND BAR ASSESSMENT DISTRICT NO. 39 AND ANY
ASSESSMENT THEREON FOR FISCAL YEAR 2005-2006.
RECOMMENDATION:
Adopt.
FINANCIAL IMPACT:
The cost of the Assessment Engineering services needed for the three Assessment
Districts totals $11,250 and is charged to each District proportionately; therefore, the
cost for Assessment District No. 39 is $3,750.
BACKGROUND/DISCUSSION:
The City has an annual program for the maintenance of landscaping as well as open
space improvements, and intends to continue said program by special assessments
upon lands divided into three Districts within the City. Funds must be provided to
enable each District to continue their operation during the 2005-2006 Fiscal Year. Of
the City's three Districts, District 39 encompasses a specific part of the City as
illustrated on Exhibit "A-2" map.
As part of this program update, the City must undergo a three step process. First, the
City initiates the process by adopting resolutions ordering the City Engineer to prepare
and file an engineer's report for each district. Second, the report is finalized and
presented to the City Council who, in turn, adopts resolutions of intention that are set for
a Public Hearing. Lastly, a Public Hearing is held at a City Council meeting where all
three Assessment Districts are approved and confirmed, resulting in the adoption of a
resolution confirming the levy of assessments. It is noted that these levies are
anticipated to remain the same as those for FY 2004-05. Throughout the entire process,
all proceedings for the maintenance of public improvements will be pursuant to the
provisions of the Landscape and Lighting Act of 1972 of Part 2 of Division 15 of the
Streets and Highways Code of the State of California.
PREPARED BY:
Sharon Gomez, Senior Management Analyst
REVIEWED BY:
David G. Liu, Director of Public Works James DeStefano, Assistant City Manager
Attachment: Exhibit "A-2" Map
Resolution No. 2005 -XX
2
RESOLUTION NO. 2005 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A
REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS
IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 39 AND
ANY ASSESSMENT THEREON FOR FISCAL YEAR 2005-06
A. RECITALS
(i) Heretofore the City of Diamond Bar Assessment District No. 39 was created
pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§
22500, et. seq.).
(ii) California Streets and Highways Code § 22622 provides that this Council
shall adopt a resolution generally describing any proposed new improvements or
substantial changes in existing improvements in such a district and ordering the City
Engineer to prepare and file a report related to annual maintenance and assessment in
such a district.
(iii) No new improvements or substantial changes in existing improvements are
proposed for said Landscaping Assessment District No. 39.
(iv) All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION
NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby
find, determine and resolve as follows:
1. The Recitals, as set forth in Part A of this Resolution, are in all
respects true and correct.
2. The City Engineer hereby is ordered and directed to prepare an
annual report as specified in California Streets and Highways Code §§
22565, et seq., with respect to City of Diamond Bar Assessment District
No. 39 for Fiscal Year 2005-06.
1
3. The City Clerk shall certify to the adoption of this Resolution.
PASSED, ADOPTED AND APPROVED this _ day of , 2005.
Wen P. Chang, Mayor
I, LINDA C. LOWRY, City Clerk of the City of Diamond Bar, do hereby certify that
the foregoing Resolution was passed, adopted and approved at a regular meeting of the
City Council of the City of Diamond Bar held on the day of , 2005, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
Linda C. Lowry, City Clerk
2
Agenda # 6.7 c
Meeting Date: Februaa 1, 2005
CITY COUNCIL AGENDA REPORT
NCO22Po9'X' ,
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: ADOPT RESOLUTION 2005 -XX ORDERING THE CITY
ENGINEER TO PREPARE AND TO FILE A REPORT RELATED
TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY
OF DIAMOND BAR ASSESSMENT DISTRICT NO. 41 AND ANY
ASSESSMENT THEREON FOR FISCAL YEAR 2005-2006.
RECOMMENDATION:
Adopt.
FINANCIAL IMPACT:
The cost of the Assessment Engineering services needed for the three Assessment
Districts totals $11,250 and is charged to each District proportionately; therefore, the
cost for Assessment District No. 41 is $3,750.
BACKGROUND/DISCUSSION:
The City has an annual program for the maintenance of landscaping as well as open
space improvements, and intends to continue said program by special assessments
upon lands divided into three Districts within the City. Funds must be provided to
enable each District to continue their operation during the 2005-2006 Fiscal Year. Of
the City's three Districts, District 41 encompasses a southwesterly part of the City as
illustrated on Exhibit "A-3" map.
As part of this program update, the City must undergo a three step process. First, the
City initiates the process by adopting resolutions ordering the City Engineer to prepare
and file an engineer's report for each district. Second, the report is finalized and
presented to the City Council who, in turn, adopts resolutions of intention that are set for
a Public Hearing. Lastly, a Public Hearing is held at a City Council meeting where all
three Assessment Districts are approved and confirmed, resulting in the adoption of a
resolution confirming the levy of assessments. It is noted that these levies are
anticipated to remain the same as those for FY 2004-05. Throughout the entire process,
all proceedings for the maintenance of public improvements will be pursuant to the
provisions of the Landscape and Lighting Act of 1972 of Part 2 of Division 15 of the
Streets and Highways Code of the State of California.
PREPARED BY:
Sharon Gomez, Senior Management Analyst
REVIEWED BY:
David G. Liu, Director of Public Works James DeStefano, Assistant City Manager
Attachment: Exhibit "A-3" Map
Resolution No. 2005 -XX
2
RESOLUTION NO. 2005 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A
REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS
IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 41 AND
ANY ASSESSMENT THEREON FOR FISCAL YEAR 2005-06
A. RECITALS
(i) Heretofore the City of Diamond Bar Assessment District No. 41 was created
pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§
22500, et. seq.).
(ii) California Streets and Highways Code § 22622 provides that this Council
shall adopt a resolution generally describing any proposed new improvements or
substantial changes in existing improvements in such a district and ordering the City
Engineer to prepare and file a report related to annual maintenance and assessment in
such a district.
(iii) No new improvements or substantial changes in existing improvements are
proposed for said Landscaping Assessment District No. 41.
(iv) All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION
NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby
find, determine and resolve as follows:
1. The Recitals, as set forth in Part A of this Resolution, are in all
respects true and correct.
2. The City Engineer hereby is ordered and directed to prepare an
annual report as specified in California Streets and Highways Code §§
22565, et seq., with respect to City of Diamond Bar Assessment District
No. 41 for Fiscal Year 2005-06.
1
3. The City Clerk shall certify to the adoption of this Resolution.
PASSED, ADOPTED AND APPROVED this _ day of , 2005.
Wen P. Chang, Mayor
I, LINDA C. LOWRY, City Clerk of the City of Diamond Bar, do hereby certify that
the foregoing Resolution was passed, adopted and approved at a regular meeting of the
City Council of the City of Diamond Bar held on the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
Linda C. Lowry, City Clerk
2
day of , 2005, by the
Agenda # 6.7 a
Meeting Date: February 1, 2005
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
AGENDA REPORT
TITLE: ADOPT RESOLUTION NO. 2005 -XX ORDERING THE CITY
ENGINEER TO PREPARE AND TO FILE A REPORT RELATED
TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY
OF DIAMOND BAR ASSESSMENT DISTRICT NO. 38 AND ANY
ASSESSMENT THEREON FOR FISCAL YEAR 2005-2006.
RECOMMENDATION:
Adopt.
FINANCIAL IMPACT:
The cost of the Assessment Engineering services needed for the three Assessment
Districts totals $11,250 and is charged to each District proportionatel y; therefore, the
cost for Assessment District No. 38 is $3,750.
BACKGROUND/DISCO SSION:
The City has an annual program for the maintenance of landscaping as well as open
space improvements, and intends to contin ue said program by special assessments
upon lands divided into three Districts within the City. Funds must be provided to
enable each District to contin ue their operation during the 2005-2006 Fiscal Year. Of
the City's three Districts, District 38 encompasses the whole of the City and is illustrated
on Exhibit "A-1" map.
As part of this program update, the City must undergo a three step process. First, the
City initiates the process by adopting resolutions ordering the City Engineer to prepare
and file an engineer's report for each district. Second, the report is finalized and
presented to the City Counc it who, in turn, adopts resolutions of intention that are set for
a Public Hearing. Lastly, a Public Hearing is held at a City Council meeting where all
th ree
Assessment Districts are approved and confirmed, resulting in the adoption of a
resolution confirming the levy of assessments. It is noted that these levies are
anticipated to remain the same as those for FY 2004-05. Throughout the entire process,
all proceedings for the maintenance of public improvements will be pursuant to the
provisions of the Landscape and Lighting Act of 1972 of Pa rt 2 of Division 15 of the
Streets and Highways Code of the State of California.
PREPARED BY:
Sharon Gomez, Senior Management Analyst
REVIEWED BY:
David G. Liu, Director of Public Works JamesDeStefano, Assistant City Manager
Attachment: Exhibit "A-1" Map
Resolution No. 2005 -XX
RESOLUTION NO. 2005 -XX
A RESOLUTION OF THE CITY COUN CIL OF THE CITY OF DIAMOND
BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A
REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS
IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 38 AND
ANY ASSESSMENT THEREON FOR FISCAL YEAR 2005-06
A. RECITALS
(i) Heretofore the City of Diamond Bar Assessment District No. 38 was created
pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§
22500, et. seq.).
(ii) California Streets and Highways Code § 22622 provides that this Council
shall adopt a resolution generally describing any proposed new improvements or
substantial changes in existing improvements in such a district and ordering the City
Engineer to prepare and file a report related to annual maintenance and assessment in
such a district.
(iii) No new improvements or substantial changes in existing improvements are
proposed for said Landscaping Assessment District No. 38.
(iv) All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION
NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby
find, determine and resolve as follows:
1. The Recitals, as set forth in Part A of this Resolution, are in all
respects true and correct.
2. The City Engineer hereby is ordered and directed to prepare an
annual report as specified in California Streets and Highways Code §§
22565, et seq., with respect to City of Diamond Bar Assessment District
No. 38 for Fiscal Year 2005-06.
3. The City Clerk shall certify to the adoption of this Resolution.
PASSED, ADOPTED AND APPROVED this _ day of , 2005.
Wen P. Chang, Mayor
I, LINDA C. LOWRY, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was passed, adopted and approved at a regular meeting of the
City Council of the City of Dia mond Bar held on the _ day of , 2005, by the
following vote:
AYES:
COUNCIL
MEMBERS:
NOES:
COUNCIL
MEMBERS:
ABSENT:
COUNCIL
MEMBERS:
ABSTAINED:
COUNCIL
MEMBERS:
ATTEST:
Linda C. Lowry, City Clerk
2
Agenda # _6.7 b
Meeting Date: February 1, 2005
CITY COUNCIL AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: ADOPT RESOLUTION NO. 2005 -XX ORDERING THE CITY
ENGINEER TO PREPARE AND TO FILE A REPORT RELATED
TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY
OF DIAMOND BAR ASSESSMENT DISTRICT NO. 39 AND ANY
ASSESSMENT THEREON FOR FISCAL YEAR 2005-2006.
RECOMMENDATION:
Adopt.
FINANCIAL IMPACT:
The cost of the Assessment Engineering services needed for the three Assessment
Districts totals $11,250 and is charged to each District proportionatel y; therefore, the
cost for Assessment District No. 39 is $3,750.
BACKGROUND/DISCU SSION:
The City has an annual program for the maintenance of landscaping as well as open
space improvements, and intends to contin ue said program by special assessments
upon lands divided into three Districts within the City. Funds must be provided to
enable each District to contin ue their operation during the 2005-2006 Fiscal Year. Of
the City's three Districts, District 39 encompasses a specific part of the City as
illustrated on Exhibit "A-2" map.
As part of this program update, the City must undergo a three step process. First, the
City initiates the process by adopting resolutions ordering the City Engineer to prepare
and file an engineer's report for each district. Second, the report is finalized and
presented to the City Counc it who, in turn, adopts resolutions of intention that are set for
a Public Hearing. Lastly, a Public Hearing is held at a City Council meeting where all
three Assessment Districts are approved and confirmed, resulting in the adoption of a
resolution confirming the levy of assessments. It is noted that these levies are
anticipated to remain the same as those for FY 2004-05. Throughout the entire process,
all proceedings for the maintenance of public improvements will be pursuant to the
provisions of the Landscape and Lighting Act of 1972 of Pa rt 2 of Division 15 of the
Streets and Highways Code of the State of California.
PREPARED BY:
Sharon Gomez, Senior Management Analyst
REVIEWED BY:
David G. Liu, Director of Public Works James DeStefano, Assistant City Manager
Attachment: Exhibit "A-2" Map
Resolution No. 2005 -XX
RESOLUTION NO. 2005 -XX
A RESOLUTION OF THE CITY COUN CIL OF THE CITY OF DIAMOND
BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A
REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS
IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 39 AND
ANY ASSESSMENT THEREON FOR FISCAL YEAR 2005-06
A. RECITALS
(i) Heretofore the City of Diamond Bar Assessment District No. 39 was created
pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§
22500, et. seq.).
(ii) California Streets and Highways Code § 22622 provides that this Council
shall adopt a resolution generally describing any proposed new improvements or
substantial changes in existing improvements in such a district and ordering the City
Engineer to prepare and file a report related to annual maintenance and assessment in
such a district.
(iii) No new improvements or substantial changes in existing improvements are
proposed for said Landscaping Assessment District No. 39.
(iv) All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION
NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby
find, determine and resolve as follows:
1. The Recitals, as set forth in Part A of this Resolution, are in all
respects true and correct.
2. The City Engineer hereby is ordered and directed to prepare an
annual report as specified in California Streets and Highways Code §§
22565, et seq., with respect to City of Diamond Bar Assessment District
No. 39 for Fiscal Year 2005-06.
3. The City Clerk shall certify to the adoption of this Resolution.
PASSED, ADOPTED AND APPROVED this _ day of , 2005.
Wen P. Chang, Mayor
I, LINDA C. LOWRY, City Clerk of the City of Diamond Bar, do hereby certify that
the foregoing Resolution was passed, adopted and approved ata regular meeting of the
City Council of the City of Dia mond Bar held on the _ day of , 2005, by the
following vote:
AYES:
COUNCIL
MEMBERS:
NOES:
COUNCIL
MEMBERS:
ABSENT:
COUNCIL
MEMBERS:
ABSTAINED:
COUNCIL
MEMBERS:
ATTEST:
Linda C. Lowry, City Clerk
2
Agenda # 6.7 c
Meeting Date: February 1, 2005
CITY COUNCIL AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: ADOPT RESOLUTION 2005- XX ORDERING THE CITY
ENGINEER TO PREPARE AND TO FILE A REPORT RELATED
TO MAINTENANCE OF PUBLIC IMPROVEMENTS IN THE CITY
OF DIAMOND BAR ASSESSMENT DISTRICT NO. 41 AND ANY
ASSESSMENT THEREON FOR FISCAL YEAR 2005-2006.
RECOMMENDATION:
Adopt.
FINANCIAL IMPACT:
The cost of the Assessment Engineering services needed for the three Assessment
Districts totals $11,250 and is charged to each District proportionatel y; therefore, the
cost for Assessment District No. 41 is $3,750.
BACKGROUND/DISCU SSION:
The City has an annual program for the maintenance of landscaping as well as open
space improvements, and intends to contin ue said program by special assessments
upon lands divided into three Districts within the City. Funds must be provided to
enable each District to contin ue their operation during the 2005-2006 Fiscal Year. Of
the City's three Districts, District 41 encompa sses a southwesterly part of the City as
illustrated on Exhibit "A-3" map.
As part of this program update, the City must undergo a three step process. First, the
City initiates the process by adopting resolutions ordering the City Engineer to prepare
and file an engineer's report for each district. Second, the report is finalized and
presented to the City Counc it who, in turn, adopts resolutions of intention that are set for
a Public Hearing. Lastly, a Public Hearing is held at a City Council meeting where all
three Assessment Districts are approved and confirmed, resulting in the adoption of a
resolution confirming the levy of assessments. It is noted that these levies are
anticipated to remain the same as those for FY 2004-05. Throughout the entire process,
all proceedings for the maintenance of public improvements will be pursuant to the
provisions of the Landscape and Lighting Act of 1972 of Part 2 of Division 15 of the
Streets and Highways Code of the State of California.
PREPARED BY:
Sharon Gomez, Senior Management Analyst
REVIEWED BY:
David G. Liu, Director of Public Works James DeStefano, Assistant City Manager
Attachment: Exhibit "A-3" Map
Resolution No. 2005 -XX
RESOLUTION NO. 2005 -XX
A RESOLUTION OF THE CITY COUN CIL OF THE CITY OF DIAMOND
BAR ORDERING THE CITY ENGINEER TO PREPARE AND TO FILE A
REPORT RELATED TO MAINTENANCE OF PUBLIC IMPROVEMENTS
IN THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 41 AND
ANY ASSESSMENT THEREON FOR FISCAL YEAR 2005-06
A. RECITALS
(i) Heretofore the City of Diamond Bar Assessment District No. 41 was created
pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§
22500, et. seq.).
(ii) California Streets and Highways Code § 22622 provides that this Council
shall adopt a resolution generally describing any proposed new improvements or
substantial changes in existing improvements in such a district and ordering the City
Engineer to prepare and file a report related to annual maintenance and assessment in
such a district.
(iii) No new improvements or substantial changes in existing improvements are
proposed for said Landscaping Assessment District No. 41.
(iv) All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION
NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby
find, determine and resolve as follows:
1. The Recitals, as set forth in Part A of this Resolution, are in all
respects true and correct.
2. The City Engineer hereby is ordered and directed to prepare an
annual report as specified in California Streets and Highways Code §§
22565, et seq., with respect to City of Diamond Bar Assessment District
No. 41 for Fiscal Year 2005-06.
3. The City Clerk shall certify to the adoption of this Resolution.
PASSED, ADOPTED AND APPROVED this_ day of 2005.
Wen P. Chang, Mayor
I, LINDA C. LOWRY, City Clerk of the City of Diamond Bar, do hereby certify that
the foregoing Resolution was passed, adopted and approved ata regular meeting of the
City Council of the City of Dia mond Bar held on the _ day of , 2005, by the
following vote:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
Linda C. Lowry, City Clerk
2
CITY COUNCIL
ice
VIA
TITLE:
Honorable Mayor and Members of the City Council
Linda C. Lowry, City Manager
Agenda # 6.8
Meeting Date: Februaa 1, 2005
AGENDA REPORT
"NIP and HIP" - Neighborhood Improvement Program and Home Improvement Program
Progress Report
RECOMMENDATION:
Receive and file the report.
BACKGROUND:
In December 2001 the City Council formed a Neighborhood Improvement Subcommittee to develop
polices and programs to protect and preserve the integrity and the property values of neighborhoods
(residential, commercial and industrial) within the City. Councilman Zirbes and Mayor Chang are
members of the Subcommittee. The Subcommittee meets monthly with Neighborhood Improvement
staff and works with staff in proactively addressing various code violations. Last month the
Subcommittee requested a progress report on measuring the success of the neighborhood
improvement program for the last three years (2002 to 2004) for Council review.
ACCOMPLISHMENTS OF NEIGHBORHOOD IMPROVEMENT:
Keeping the City a safe and attractive community is an ongoing activity. Looking back three years of
records would tell the City the degree of success of the neighborhood improvement program. It is
summarized as follows:
Refinement of the Neighborhood Improvement Program (NIP): In 2002, the Subcommittee
established priorities of code enforcement for Neighborhood Improvement staff. The
Subcommittee also recommended changes to the Municipal Code refining the administrative
procedures and penalties for code compliance, which were adopted by the Council in 2003. In
addition to administrative procedural changes and the established priorities, the Subcommittee
recommended amending the professional service contract with the City Prosecutor so as to
handle the anticipated caseload, which the Council approved in 2004. These changes become
the tools for the Neighborhood Improvement Program to be a success.
2. Yearly Activity Records: A review of the investigation records of code violations help measure
and quantify the neighborhood improvement activities. The table below shows the total
number of investigations by the two full-time and one part-time staff. There were 7,199
investigative cases in 2002, 8,534 cases in 2003 and 10,417 cases in 2004. The increase in
the total of number cases in 2003 and 2004 is due to the addition of a part time Neighborhood
Improvement staff in 2003 who works the weekend primarily policing the illegal signs. Each
investigation by a Neighborhood Improvement Officer would typically include an inspection
(initial contact), a re -inspection for compliance check if found non-compliance, a courtesy
notice is then issued and followed by a re -inspection. Not all investigations result in a courtesy
notice as the majority of the property owners who have been contacted would voluntarily
correct the problems and comply with the codes. In very few cases would Neighborhood
Improvement staff need to issue a citation. To date we have issued a total of nine citations.
Yearly Investigations
12,000
10,000 10,417
8,000 8,534
6,000 7,199
4,000
2,000
�~AW
0or
2002 2003 2004
3. The Areas of Investigations: The Neighborhood Improvement investigations are summarized
into the following categories:
a. storage/placement of trash cans or debris in public view
b. encroachment within public right-of-way
c. inoperative vehicles, parking on unpaved surface
d. construction without permits
e. damage or deteriorated structures
f. improper use of property,
g. poor or no landscaping
h. illegal signs
i. animal control and Christmas lights
Of the total 10,417 investigations in 2004, the Neighborhood Improvement staff issued 2,923
courtesy notices, which is roughly 28 percent of the investigations. The majority,
approximately 45.7 percent, of the courtesy notices issued were regarding debris and/or trash
bins exposed within the front yard area. Another 20.8 percent of the courtesy notices issued
were for encroachment within the public streets or sidewalk. The courtesy notices issued for
2
poor or no landscaping within the yards and Illegal signs were 13 percent and 11.9 percent
respectively. The chart below shows the percentage distribution for the various neighborhood
improvement activities.
4. Home Improvement Program (HIP): To augment the neighborhood improvement activities, the
Subcommittee recommended the allocation of federally -funded CDBG monies to assist low
and moderate income homeowners to cover the cost of the needed housing repairs. The City
Council approved the Home Improvement Program, establishing the order of priorities for the
housing repairs that would be eligible. The established priorities are: mandatory improvements
to correct any existing building, zoning and public nuisance code violations, which would
alleviate conditions that present an immediate threat the health and safety of the property's
occupants; general property exterior improvements to repair or replace broken, damaged and
or deteriorated items; and, lead based paint improvements. The City Council allocated
approximately $50,000 for FY 2002-2003, $125,000 for FY 2003-2004, and $119,000 for 2004-
2005.
In 2003, three projects were completed and in 2004, a total of eight projects were completed,
where approximately $142,750 were expended. In 2005, there are eight projects in pre -
construction phase, four projects in bid phase and two projects under construction. There are
a total seven projects on waiting list.
5. Examples of Success Cases: In the majority of the case, residents are not aware that they
have violated property maintenance codes. Once our Neighborhood Improvement staff has
contacted them, they are cooperative and correct the violations in a timely manner. There are
a few notable cases where the property maintenance has improved substantially.
a. 302 Ballena: The property was in dilapidated condition. A block wall was in disrepair,
there were no side yard landscaping, the front yard landscaping needed maintenance
and improvement, inoperable cars were parked on the driveway and overall structure
needed maintenance, and so on. The property now looks attractive and clean.
3
b. 1732 Roundtree: The property lacked landscaping in the front yard, inoperable vehicles
were parked on the driveway and trash was stored outside in public view. The property
owner responded by re -landscaped the front yard and the inoperable vehicle is now
garaged.
c. 147 S. Pintado: The resident conducted auto repairing business on site, which created
problems such as erecting a tent on the driveway to protect against summer heat when
the resident was repairing cars, power -washing resulting in environmentally unsound
wastes that was flushed into city's storm drain system, repairing work conducted till one
or two am. Through neighborhood improvement efforts and the assistance from the City
Prosecutor, the resident has stopped the auto repair business and the nuisance
problems abated.
d. 614 Crown Point: The property was in need of maintenance and landscaping within the
yards was in very poor condition. The property owner had some financial setback but
was willing to work with the City in addressing property maintenance issue. He had
refinanced his property and was able to remodel the entire property that included putting
in a new sprinkler system, cement work, ground cover and flower beds.
e. 1338 S. Cresmont: The front and the back yards of the property were overgrown with
landscaping. Trash and dry vegetation were found stored in the back yard. It was an
eye sore to the neighborhood, a public health problem and a fire hazard. Also, the
property had to be inspected by Los Angeles County Health Department due to
infestation of pests such as rodents and flies. With the help of Neighborhood
Improvement Officer, the County Health Department and City Prosecutor, the property
was finally brought up to an acceptable level that meets health and safety after a year.
6. Cases with the City Prosecutor: There are a few cases that Neighborhood Improvement staff
has turned over to the City Prosecutor where the property owners have ignored the repeated
citations and continued with the non-compliance. Typically, after the third citation with no
compliance action from the property owner, the Neighborhood Improvement Officer will turn
the case over to the City Prosecutor. The most notable cases involved the parking of
inoperative vehicles on unpaved surface or on driveways and the placement of tall objects
(lion's head/fountain) within the front yard. At the writing of this report, the City Prosecutor has
sent out a final notice to the property owner with a deadline to comply. The next step is for the
City Prosecutor to begin the legal proceedings. We will inform the Subcommittee of the status
of these cases as we get the information from the City Prosecutor.
7. Street Sweeping Program: In March of 2002, the Council established a street sweeping
program, which is administered by the Pubic Works Department and enforced by the Sheriff.
Thirteen neighborhood areas in the City were targeted for streets sweeping weekly. This
program helps to move the inoperable vehicles or damaged vehicles from parking along public
streets. This program, in essence, is indirectly furthering the goals of the Neighborhood
Improvement Program.
8. Graffiti: During the last three years the graffiti crew has handled over 2800 cases with a cost
of over $87,000 dollars. Keeping the city clean of graffiti shows that it is a safe and quality
4
community with a sense of pride.
FUTURE OF NEIGHBORHOOD IMPROVEMENT PROGRAM:
A proactive approach is essential in making the Neighborhood Improvement program a success.
Proactive approach includes prevention such as improving on educating and promoting the
importance of property maintenance, which will assist in achieving the goals of the Neighborhood
Improvement Program. Another proactive approach is the work relationship between Neighborhood
Improvement staff and residents. Neighborhood improvement is a shared responsibility. Having
community involvement and working together can be more effective in accomplishing the mission.
Through preventive and cooperative efforts, we would create an atmosphere that instills pride and a
sense of well being for all those who live, work and play in the City of Diamond Bar. The following is a
list of plan of action for further improving the Neighborhood Improvement program.
1. Neighborhood Improvement Subcommittee will continue to meet.
2. Property Maintenance articles in the City News
3. Amend the Development Code regarding Christmas lights and the outdoor storage of
inoperable vehicles.
4. Review and improve the procedures for citation and hearing process that can with stand legal
challenge.
5. Research a celebration or recognition program for properties that have been transformed.
6. Improve the reporting process, the status of neighborhood improvement cases.
Prepared BY:
Nancy Fong, AICP
Planning Manager
5
Reviewed By:
Jim DeStefano
Assistant City Manager
Agenda # _6.8
Meeting Date: February 1. 2005
CITY COUNCIL AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: "NIP and HIP" -Neighborhood Improvement Program and Home Improvement Program
Progress Report
RECOMMENDATION:
Receive and file the report.
BACKGROUND:
In December 2001 the City Council formed a Neighborhood Improvement Subcommittee to develop
polices and programs to protect and preserve the integrity and the property values of neighborhoods
(residential, commercial and industrial) within the City. Councilman Zirbes and Mayor Chang are
members of the Subcommittee. The Subcommittee meets monthly with Neighborhood Improvement
staff and works with staff in proactively addressing various code violations. Last month the
Subcommittee requested a progress report on measuring the success of the neighborhood
improvement program for the last three years (2002 to 2004) for Council review.
ACCOMPLISHMENTS OF NEIGHBORHOOD IMPROVEMENT:
Keeping the City a safe and attractive community is an ongoing activity. Looking back three years of
records would tell the City the degree of success of the neighborhood improvement program. It is
summarized as follows:
Refinement of the Neighborhood Improvement Program (NIP): In 2002, the Subcommittee
established priorities of code enforcement for Neighborhood Improvement staff. The
Subcommittee also recommended changes to the Municipal Code refining the administrative
procedures and penalties for code compliance, which were adopted by the Council in 2003. In
addition to administrativ a procedural changes and the established priorities, the Subcommittee
recommended amending the professiona I service contract with the City Prosecutor so as to
handle the anticipated caseload, which the Council approved in 2004. These changes become
the tools for the Neighborhood Improvement Program to be a success.
Yearly Activity Records: A review of the investigation records of code violations help measure
and quantify the neighborhood improvement activities. The table below shows the total
number of investigation s by the two full-time and one part-time staff. There were 7,199
investigative cases in 2002, 8,534 cases in 2003 and 10,417 cases in 2004. The increase in
the total of number cases in 2003 and 2004 is due to the addition of part time Neighborhood
Improvement staff in 2003 who works the weekend primarily policing the illegal signs. Each
investigation by a Neighborhood Improvement Officer would typically include an inspection
(initial contact), a re -inspection for compliance check if found non-compliance, a courtesy
notice is then issued and followed by a re -inspection. Not all investigations result in a courtesy
notice as the majority of the property owners who have been contacted would voluntarily
correct the problems and comply with the codes. In very few cases would Neighborhood
Improvement staff need to issue a citation. To date we have issued a total of nine citations.
3. The Areas of Investigation s: The Neighborhood Improvement investigations are summarized
into the following categories:
a. storage/place ment of trash cans ordebris in public view
b. encroachment within public right-of-way
c. inoperative vehicles, parking on unpaved surface
d. construction without permits
e. damage ordeteriorated structures
f. improper use of property,
g. poor or no landscaping
h. illegal signs
i. animal control and Christmas lights
Of the total 10,417 investigations in 2004, the Neighborhood Improvement staff issued 2,923
courtesy notices, which is roughly 28 percent of the investigations. The majority,
approximately 45.7 percent, of th e courtesy notices issued were regarding debris and/or trash
bins exposed within the front yard area. Another 20.8 percent of the courtesy notices issued
were for encroachment within the public streets or sidewalk. The courtesy notices issued for
poor or no landscaping within the yards and Illegal signs were 13 percent and 11.9 percent
respectively. The chart below shows the percentage distribution forth a various neighborhood
improvement activities.
Home Improvement Program (HIP): To augment the neighborhood improvement activities, the
Subcommittee recommended the allocation of federally -funded CDBG monies to assist low
and moderate income homeowners to cover the cost of the needed housing repairs. The City
Council approved the Home Improvement Program, establishing the order of priorities for the
housing repairs that would be eligib le. The established priorities are: mandatory improvements
to correct any existing building, zoning and public nuisance code violations, which would
alleviate conditions that present an immediate threat the health and safety of the property's
occupants; general property exterior improvements to repair or replace broken, damaged and
or deteriorated items; and, lead based paint improvements. The City Council allocated
approximately $50,000 for FY 2002-2003, $125,000 for FY 2003-2 004, and $119,000 for 2004-
2005.
In 2003, three projects were completed and in 2004, a total of eight projects were completed,
where approximately $142,750 were expended. In 2005, there are eight projects in pre -
construction phase, four projects in bid phase and two projects under construction. There are
a total seven projects on waiting list.
Examples of Success Cases: In the majority of the case, residents are not aware that they
have violated property maintenance codes. Once our Neighborhood Improvement staff has
contacted them, they are cooperat ive and correct the violations in a timely manner. There are
a few notable cases where the property maintenance has improved substantially.
302 Ballena: The property was in dilapidated condition. A block wall was in disrepair,
there were no side yard landscaping, the front yard landscaping needed maintenance
and improvement, inoperable cars were parked on the driveway and overall structure
needed maintenance, and so on. The property now looks attractive and clean.
b. 1732 Roundtree: The property lacked landscaping in the front yard, inoperable vehicles
were parked on the driveway and trash was stored outside in public view. The property
owner responded by re -landscaped the front yard and the inoperable vehicle is now
garaged.
c. 147 S. Pintado: The resident conducted auto repairing business on site, which created
problems such as erecting a tent on the driveway to protect against summer heat when
the resident was repairing cars, power-washi ng resulting in environmental ly unsound
wastes that was flushed into city's storm drain system, repairing work conducted till one
or two am. Through neighborhood improvement efforts and the assistance from the
City Prosecutor, the resident has stopped the auto repair business and the nuisance
problems abated.
d. 614 Crown Point: The property was in need of maintenance and landscaping within the
yards was in very poor condition. The property owner had some financial setback but
was willing to work with the City in addressing property maintenance issue. He had
refinanced his property and was able to remodel the entire property that included putting
in a new sprinkler system, cement work, ground cover and flower beds.
e. 1338 S. Cresmont: The front and the back yards of the property were overgrown with
landscaping. Trash and dry vegetation were found stored in the back yard. It was an
eye sore to the neighborhood, a public health problem and a fire hazard. Also, the
property had to be inspected by Los Angeles County Health Department due to
infestation of pests such as rodents and flies. With the help of Neighborhood
Improvement Officer, the County Health Department and City Prosecutor, the property
was finally brought up to an acceptable level that meets health and safety after a year.
Cases with the City Prosecutor : There are a few cases that Neighborhood Improvement staff
has turned over to the City Prosecutor where the property owners have ignored the repeated
citations and continued with the non-compliance. Typically, after the third citation with no
compliance action from the property owner, the Neighborhood Improvement Officer will turn
the case over to the City Prosecutor. The most notable cases involved the parking of
inoperative vehicles on unpaved surface or on driveways and the placement of tall objects
(lion's head/fountain) within the front yard. At the writing of this report, the City Prosecutor has
sent out a final notice to the property owner with a deadlin e to comply. The next step is for the
City Prosecutor to begin the lega I proceedings. We will inform the Subcommittee of the status
of these cases as we get the information from the City Prosecutor.
7. Street Sweeping Program: In March of 2002, the Council established a street sweeping
program, which is administered by the Pubic Works Department and enforced by the Sheriff.
Thirteen neighborhood areas in the City were targeted for streets sweeping weekly. This
program helps to move the inoperable vehicles or damaged vehicles from parking along public
streets. This program, in essence, is indirectly furthering the goals of the Neighborhood
Improvement Program.
8. Graffiti: During the last three years the graffiti crew has handled over 2800 cases with a cost
of over $87,000 dollars. Keeping the city clean of graffiti shows that it is a safe and quality
community with a sense of pride.
FUTURE OF NEIGHBORHOOD IMPROVEMENT PROGRAM:
A proactive approach is essential in making the Neighborhood Improvement program a success.
Proactive approach includes prevention such as improving on educating and promoting the
importance of property maintenance, which will assist in achieving the goals of the Neighborhood
Improvement Program. Another proactive approach is the work relationship between Neighborhood
Improvement staff and residents. Neighborhood improvement is a shared responsibility. Having
community involvement and working together can be more effective in accomplishing the mission.
Through preventive and cooperative efforts, we wo uld create an atmosphere that instills pride and a
sense of well being for all those who live, work and play in the City of Diamond Bar. The following is a
list of plan of action for further improving the Neighborhood Improvement program.
1. Neighborhood Improvement Subcommittee will continue to meet.
2. Property Maintenance articles in the City News
3. Amend the Development Code regarding Christmas lights and the outdoor storage of
inoperable vehicles.
4. Review and improve the procedures for citation and hearing process that can with stand legal
challenge.
5. Research a celebration or recognition program for properties that have been transformed.
6. Improve the reporting process, the status of neighborhood improvement cases.
Prepared BY:
Nancy Fong, AICP
Planning Manager
5
Reviewed By:
Jim DeStefano
Assistant City Manager
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # 6.9
Meeting Date: February 1, 2005
AGENDA REPORT
TITLE: Resolution No. 2005 -XX approving Fiscal Year 2004-2005 Budget Amendment
RECOMMENDATION:
It is recommended that the City Council approve Resolution No. 2005 -XX, Resolution of the City of
Diamond Bar amending the FY04-05 Municipal Budget for the City of Diamond Bar.
FINANCIAL IMPACT:
The Mid -Year Budget Adjustment includes an increase in estimated revenue for the General Fund in
the amount of $238,636 to account for the award of two Federal grants and changes in State revenue
allocation estimates. It also includes an increase in General Fund annual appropriations in the
amount of $89,343 for various items.
Increases to the Capital Improvement Projects including the following:
TS Modifications @ DB Blvd/ Mountain Laurel Wy
TS Modifications @ Brea Cyn Rd/Silver Bullet
Diamond Bar Center Construction
BACKGROUND:
$40,000 Prop C Funding
$40,000 Prop C Funding
$20,500 General Fund
The City Council adopted Resolution #2004-32 on June 15, 2004 approving the FY04-05 Municipal
Budget. The City Council has also approved additional appropriations as they have occurred
throughout the year It is City policy for staff and the City Council to periodically review the annual
budget and make adjustment as deemed necessary.
Page 2 — FY 04-05 Budget Amendment
DISCUSSION:
The following chart summarizes the proposed changes to the General Fund Budget:
Resources
Annual Revenue
Use of Fund Balance Reserve
Total Resources
Total Appropriations
Impact to Fund Balance
Current Budget Amendment Adjusted B
$15,869,280 $238,636 $16,107,916
2,325,735 2,325,735
$18,195,015 $238,636 $18,433,651
L Il=
17,880,460 89,343 17,969,803
$314,555 $149,293 $463
The following chart shows the proposed change to the Fund Balance Reserves:
Current Budget Amendment I Adjusted
$19,785,479 $149,293 $19,934,772
The City's current adopted General Fund Budget for FY04-05 shows anticipated resources of
$18,195,015. It is recommended that the resource estimate be increased by $238,636 to
$18,433,651. The current approved General Fund appropriations budget equals $17,880,460. It is
recommended that this budget be increased by $89,343 to $17,969,803. These recommended
changes in the General Fund estimated resources and appropriations result in an estimated
$19,934,772, in General Fund unreserved fund balance at the end of the fiscal year.
Revenues
When the FY04-05 Budget was adopted careful consideration went into the preparation of the
revenue estimates. Of special concern were the estimates for Property Taxes, Sales Tax and Motor
Vehicle in Lieu due to the volatility of the State Budget and the changes in the local commercial
business base.
There have been several changes to the way the City receives revenues from the State. The
following is a brief discussion of the changes:
Sales Tax - The sales tax allocation of one percent was changed from one percent to .75%. The
missing .25% is being replaced with property tax. These amounts are remitted to the City twice a
year, in January and May. The City received its first installment on January 20. Based on current
receipts, it appears that the current revenue estimate is in line and therefore will not be adjusted.
Motor Vehicle in Lieu (VLF) / ERAF III — The VLF has been reduced by approximately two thirds
and will also be replaced by property tax. The replacement funds will be received twice a year, in
January and May. The City received its first installment on January 20.
Page 3 — FY04-05 Budget Amendment
When the budget was prepared, the estimate was based on calculation factors provided by the
League of California Cities for VLF. The total VLF was reduced for an additional possible reduction
to assist the State with its deficit. This reduction was built into the revenue estimate for VLF. It
appears that this reduction has taken the form of ERAF III which was enacted in August, 2004,
through SB1096. This payment is being collected as a reduction in property tax remittances. The
first half of which was taken in December 2004 and the second will be taken in April 2004.
The State Controller's office has published new VLF revenue estimates for cities. These estimates
are based on conservative numbers from the State Department of Finance and appear lower than the
City's current receipts would indicate. In addition, rather than reducing the VLF estimate for the
ERAF III shift the whole amount is indicated as VLF revenue. As a result the City's estimated
revenue budget should be adjusted. To be conservative it is recommended that the revenue estimate
be kept in line with that of the State Controller's Office and that the VLF revenue estimate be
increased from $3,092,300 to $3,484,200 for an increase of $391,900. In addition, it is recommended
that a negative revenue line item be created to account for the ERAF III payment of $397,480. The
net difference as a result of these changes is a decrease of $5,580 in City resources.
Other Changes to General Fund Estimated Revenues:
The other increase in the General Fund estimated revenue is due to two factors. The first is the
recognition in the budget of $223,673 federal grant from HUD Grant. These funds have been used to
offset some of the cost of the construction of the Diamond Bar Center. In addition, the City has
received a Federal Homeland Security Grant in the amount of $20,563 for the purchase of security
cameras for the Diamond Bar Center.
Changes to General Fund Appropriations:
At the last City Council meeting, the City Council authorized and appropriated $40,000 for a contract
for election services. In addition to that appropriation an additional $25,000 is being requested for
other miscellaneous costs related to the special election. The total appropriation for the special
election would then be $65,000. This cost will be slightly offset by the salary and benefit savings of
$12,220 from City Council vacancy.
It is requested that Information Systems Division be increased by $11,500 to cover the cost of
specialized air conditioning in the computer room. Over the past year, the City has added several
computer servers to its network. With this expansion, the current air circulation isn't adequate
causing the room to become extremely warm when the door is closed.
General Government is being increased by $6,000 to cover unanticipated Letter of Credit fees for the
bond issue.
During FY03-04 the City Council approved a contract with John Bingham for the purpose of creating a
Hazard Mitigation Plan. The purchase order covering this service was closed at the end of the fiscal
year prior to the work being completed. As a result the appropriation lapsed at year-end. Therefore
it is requested the $18,000 be reallocated to cover this previously authorized expenditure.
Page 4 — FY04-05 Budget Amendment
The increase requested for the Diamond Bar Center — Operations is for the security cameras
purchased with the previously mentioned Homeland Security Grant revenue.
Capital Improvement Projects
In October, 2004 the City Council authorized $725,000 from General Fund reserves for additional
work done at the Diamond Bar Center by KPRS Construction Services, Inc. At the time of
authorization, the City Council actually approved as much as $750,000 with the understanding that
staff would return at mid -year for any additional appropriation as necessary. The additional
appropriation requested is $20,500.
To improve traffic circulation, there have been two traffic signals that have been identified for
modification. One of these signals is located at Diamond Bar Blvd. and Mountain Laurel Way and the
other is located at Brea Canyon and Silver Bullet. The estimated cost of these modifications is
$40,000 each for a total of $80,000. The funding source of these improvements will be from Prop C —
Transit funds.
Linda G. Magnuson
REVIEWED BY:
Department Head Deputy City Manager
Attachments: (1)Resolution and (2) Budget Worksheets
RESOLUTION NO. 2005-
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR AMENDING THE
FY04-05 MUNICIPAL BUDGET.
WHEREAS, the City Council has adopted Resolution No. 2004-32, A Resolution of the City
Council of the City of Diamond Bar approving and adopting a budget for the City of Diamond Bar for
the Fiscal Year commencing July 1, 2004 and ending June 30, 2005 including maintenance and
operations, special funds and capital improvements and appropriating funds for accounts
departments, divisions, object and purposes therein set forth (herein referred to as the "Budget"); and
WHEREAS, the City Council may choose to amend the Budget from time to time throughout
the fiscal year; and
WHEREAS, an amendment to the FY 2004-05 Budget is attached as Exhibit A; and
WHEREAS, the Amendment has been discussed by the City Council at both a Study Session
and City Council meeting; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as
follows:
Section 1. The City Council hereby finds and determines that the General Fund Budget be amended
as set forth in the attached Exhibit A, General Fund Budget Amendment Summary.
Section 2. There are hereby appropriated for obligations and expenditures by the City Manager the
amounts shown on the attached Exhibit. All obligations and expenditures shall be incurred and made
in the manner provided by the provisions of State law and City ordinances and resolutions applicable
to purchasing and contracting.
The City Clerk shall certify to the adoption of this Resolution.
PASSED, ADOPTED AND APPROVED this day of , 2005.
Wen Chang, Mayor
I, Linda C. Lowry, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing
Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of
Diamond Bar held on the day of , 2005, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
Linda C. Lowry, City Clerk of the
City of Diamond Bar
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # 6.9
Meeting Date: February 1, 2005
AGENDA REPORT
TITLE: Resolution No. 2005 -XX approving Fiscal Year 2004-2005 Budget Amendment
RECOMMENDATION:
It is recommended that the City Counc it approve Resolution No. 2005 -XX, Resolution of the City of
Diamond Bar amending the FY04-05 Municipal Budget for the City of Diamond Bar.
FINANCIAL IMPACT:
The Mid -Year Budget Adjustment includes an increase in estimated revenue for the General Fund in
the amount of$238,636 to account forthe award oftwo Federal grants and changes in State revenue
allocation estimates. It also includes an increas a in General Fund annual appropriations in the
amount of $89,343 for various items.
Increases to the Capital Improvement Projects including the following:
• TS Modifications @ DB Blvd/ Mountain Laurel Wy $40,000 Prop C Funding
• TS Modifications @ Brea Cyn Rd/S ilver Bullet $40,000 Prop C Funding
• Diamond Bar Center Construction $20,500 General Fund
17_[S7:(e3CZoP1►1Q
The City Council adopted Resolution #2004-32 on June 15, 2004 approving the FY04-05 Municipal
Budget. The City Council has also approved additional appropriations as they have occurred
throughout the year It is City policy for staff and the City Council to periodically review the annual
budget and make adjustment as deemed necessary.
Page 2 — FY 04-05 Budget Amendment
U76Y�1���9[�PA
The following chart summarizes the proposed changes to the General Fund Budget:
Current Budget Amendment Adjusted Budget
Resources
Annual Revenue $15,869,280 $238,636 $16,107,916
Use of Fund Balance Reserve 2,325,735 2,325,735
Total Resources $18,195,015 $238,636 $18,433,651
Total Appropriations 17,880,460 89,343 17,969,803
Impact to Fund Balance $314,555 $149,293 $463,848
The following chart shows the proposed change to the Fund Balance Reserves:
Current Budget Amendment Adjusted
$19,785,479 $149,293 $19,934,772
The City's current adopted General Fund Budget for FY04-05 shows anticipated resources of
$18,195,015. It is recommended that the resource estimatebe increased by $238,636 to
$18,433,651. The current approved General Fund appropriations budgetequals $17,880,460. It is
recommended that this budget be increased by $89,343 to $17,969,803. These recommended
changes in the General Fund estimated resources and appropriations result in an estimated
$19,934,772, in General Fund unreserved fund balance atthe end ofthe fiscal year.
Revenues
When the FY04-05 Budget was adopted careful consideration went into the preparation ofthe
revenue estimates. Of special concern were the estimates for Property Taxes, Sales Tax and Motor
Vehicle in Lieu due to the volatility of the State Budget and the changes in the local commercial
business base.
There have been several changes to the way the City receives revenues from the State. The
following isa brief discussion ofthe changes:
Sales Tax -The sales tax allocation of one percent was changed from one percent to .75%. The
missing .25% is being replaced with property tax. These amounts are remitted to the City twice a
year, in January and May. The City received its first installment on January 20. Based on current
receipts, it appears that the current revenue estimate is in line and therefore will not be adjusted.
Motor Vehicle in Lieu (VLF) / ERAF III — The VLF has been reduced by approximately two thirds
and will also be replaced by property tax. The replacement funds will be received twice a year, in
January and May. The City received its first installment on January 20.
Page 3 — FY04-05 Budget Amendment
When the budget was prepared, the estimate was based on calculation factors provided by the
League of California Cities for VLF. The total VLF was reduced for an additional possible reduction
to assist the State with its deficit. This reduction was built into the revenue estimate for VLF. It
appears that this reduction has taken the form of ERAF III which was enacted in August, 2004,
through S61096. This payment is being collected as a reduction in properly tax remittances. The
first half of which was taken in December 2004 and the second will betaken in April 2004.
The State Controller's office has published new VLF revenue estimates for cities. These estimates
are based on conservative numbers from the State Department of Finance and appear lower than the
City's current receipts would indicate. In addition, rather than reducing the VLF estimate for the
ERAF III shift the whole amount is indicated as VLF revenue. As a result the City's estimated
revenue budget should be adjusted. To be conservative it is recommended that the revenue estimate
be kept in line with that of the State Controller's Office and that the VLF revenue estimate be
increased from $3,092,300 to $3,484,200 for an increase of$391,900. In addition , it is recommended
that a negative revenue line item be created to account for the ERAF III payment of $397,480. The
net difference as a result of these changes is a decrease of $5,580 in City resources.
Other Changes to General Fund Estimated Revenues:
The other increase in the General Fund estimated revenue is due to two factors. The first is the
recognition in the budget of $223,673 federal grant from HUD Grant. These funds have been used to
offset some of the cost of the construction of the Diamond Bar Center. In addition, the City has
received a Federal Homeland Security Grant in the amount of $20,563 for the purchase of security
cameras for the Diamond Bar Center.
Changes to General Fund Appropriations:
Atthe last City Council meeting, the City Council authorized and appropriated $40,000 for a contract
for election services. In addition to that appropr iation an additional $25,000 is being requested for
other miscellaneous costs related to the special election. The total appropriation for the special
election would then be $65,000. Th is cost will be slightly offset by the salary and benefit savings of
$12,220 from City Council vacancy.
It is requested that Information Systems Division be increased by $11,500 to cover the cost of
specialized airconditioning in the computer room. Over the past year, the City has added several
computer servers to its network. With this expansion, the current air circulation isn't adequate
causing the room to become extremely warm when the door is closed.
General Government is being increased by $6,000 to cover unanticipated Letter of Credit fees for the
bond issue.
During FY03-04 the City Council approved a contract with John Bingham for the purpose of creating a
Hazard Mitigation Plan. The purchase order covering this service was closed atthe end of the fiscal
year prior to the work being completed. As a result the appropriation lapsed atyear-end. Therefore
it is requested the $18,000 be real located to cover this previously authorized expenditure.
Page 4 — FY04-05 Budget Amendment
The increase requested for the Diamond Bar Center —Operations is for the security cameras
purchased with the previously mentioned Homeland Security Grant revenue.
Capital Improvement Projects
In October, 2004 the City Council authorized $725,000 from General Fund reserves for additional
work done atthe Diamond Bar Center by KPRS Construction Services, Inc. At the time of
authorization, the City Council actually approved as much as $750,000 with the understanding that
staff would return at mid -year for any additional appropriation as necessary. The additional
appropriation requested is $20,500.
To improve traffic circulation, there have been two traffic signals that have been identified for
modification. One of these signa Is is located at Diamond Bar Blvd. and Mountain Laurel Way and the
other is located at Brea Canyon and Silver Bullet. The estimated cost of these modifications is
$40,000 each for a total of $80,000. The funding source of these improvements will be from Prop C—
Transit funds.
PREPARED BY:
Linda G. Magnuson
REVIEWED BY:
Department Head Deputy City Manager
Attachments: (1)Resolution and (2) Budget Worksheets
RESOLUTION NO. 2005-
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR AMENDING THE
FY04-05 MUNICIPAL BUDGET.
WHEREAS, the City Council has adopted Resolution No. 2004-32, A Resolution of the City
Council of the City of Dia mond Bar approving and adopting a budget for the City of Diamond Bar for
the Fiscal Year commencing July 1, 2004 and ending June 30, 2005 including maintenance and
operations, special funds and capital improvements and appropriating funds for accounts
departments, divisions, object and purposes therein set forth (herein referred to as the 'Budget"); and
WHEREAS, the City Council may choose to amend the Budget from time to time throughout
the fiscal year; and
WHEREAS, an amendment to the FY 2004-05 Budget is attached as Exhibit A; and
WHEREAS, the Amendment has been discussed by the City Council at both a Study Session
and City Council meeting; and
WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as
follows:
Section 1. The City Council hereb y finds and determines that the General Fund Budget be amended
as set forth in the attached Exhibit A, General Fund Budget Amendment Summary.
Section 2. There are hereby appropriated for obligations and expenditures by the City Manager the
amounts shown on the attached Exhibit. All obligations and expenditures shall be incurred and made
in the manner provided by the provisions of State law and City ordinances and resolutions applicable
to purchasing and contracting.
The City Clerk shall certify to the adoption of this Resolution
PASSED, ADOPTED AND APPROVED this _____ day of__________, 2005.
Wen Chang, Mayor
I, Linda C. Lowry, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing
Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of
Diamond Bar held on the ______ day of_________ _, 2005, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
Linda C. Lowry, City Clerk of the
City of Diamond Bar
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # 7.1
Meeting Date: Februaa 1, 2005
AGENDA REPORT
TITLE: ORDINANCE No. XX (2005) ADOPTING DEVELOPMENT CODE AMENDMENT
NO. 2005-01 REGARDING DIAMOND BAR MUNICIPAL CODE SECTION 22.36
RELATING TO THE SUBSTITUTION OF NON-COMMERCIAL MESSAGES FOR ON-
SITE SIGNS.
RECOMMENDATION:
Approve first reading by title only.
BACKGROUND:
Because of a recent court challenge, the City Attorney has advised the City to amend the Sign Code
by adding a "Substitution" clause that allows a sign owner to substitute an on-site sign with non-
commercial speech. On January 25, 2005, the Planning Commission conducted a duly noticed public
hearing, considered the public testimony and recommended approval of the amendment.
DISCUSSION:
Generally, the City is not permitted to regulate signs on the basis of content, but only on physical
characteristics such as size, location and design. A "Substitution" clause allows a sign owner to
substitute non-commercial speech on an otherwise legal sign. For example, a sign owner could
remove the name of the store and substitute a political or religious message. Traditionally,
commercial speech is less protected than non-commercial speech, and without a substitution clause
the City appears to favor commercial speech over non-commercial speech. This is because non-
commercial speech may be prohibited on signs where commercial speech is allowed. Without the
substitution clause, the prohibition of non-commercial speech on a commercial sign could invalidate
the City's Sign Codes. Staff does not anticipate any property or business owners applying to place
non-commercial speech on a commercial sign as it is not financially advantageous to do so. The
Planning Commission agreed with the advice of the City Attorney and with staff assessment relating
to whether business owners would want to change a sign to a non-commercial message. At the
conclusion of the public hearing, the Planning Commission recommended approval of the proposed
amendment. The "Substitution" clause written by the City Attorney is as shown in the attached
Ordinance.
ENVIRONMENTAL ASSESSMENT:
In accordance with the provisions of the California Environmental Quality Act (CEQA),
Section 15061(b) of Article 5 of the California Code of Regulations and Guidelines promulgated
thereunder, the City has determined that this project is exempt and no further environmental review is
required.
NOTICE OF PUBLIC HEARING:
On January 18, 2005, notice for this application was published in the Inland Valley Daily Bulletin and
the San Gabriel Valley Tribune using a one -eight page advertisement.
Prepared By Nancy Fong, AICP Reviewed By James DeStefano
Planning Manager Assistant City Manager
Attachments:
1. Draft Ordinance No. (XX) 2005
2. Planning Commission No. 2005-02
CITY COUNCIL
Agenda # 7.1
Meeting Date: February 1. 2005
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: ORDINANCE No. XX (2005) ADOPTING DEVELOPMENT CODE AMENDMENT
NO. 2005-01 REGARDING DIAMOND BAR MUNICIPAL CODE SECTION 22.36
RELATING TO THE SUBSTITUTION OF NON-COMMERCIAL MESSAGES FOR ON-
SITE SIGNS.
RECOMMENDATION:
Approve first reading by title only.
BACKGROUND:
Because of a recent court challenge, the City Atto nney has advised the City to amend the Sign Code
by adding a "Substitution" clause that allows a sign owner to substitute an on-site sign with non-
commercial speech. On January 25, 2005, the Planning Commission conducted a duly noticed public
hearing, considered the public testimony and recommended approval of the amendment.
DISCUSSION:
Generally, the City is not permitted to regulate signs on the basis of content, but only on physical
characteristics such as size, location and design. A "Substitution " clause allows a sign owner to
substitute non-commercial speech on an otherwise legal sign. For example, a sign owner could
remove the name of the store and substitute a political or religious message. Traditionally,
commercial speech is less protected than non-commercial speech, and without a substitution clause
the City appears to favor commercial speech over non-commercial speech. This is because non-
commercial speech may be prohibited on signs where commercial speech is allowed. Without the
substitution clause, the prohibition of non-comme rcial speech on a commercial sign could invalidate
the City's Sign Codes. Staff does not anticipate any property orbusiness owners applying to place
non-commercial speech on a commercial sign as it is not financially advantageous to do so. The
Planning Commission agreed with the advice of the City Attorney and with staff assessment relating
to whether business owners would want to change a sign to a non-commercial message. At the
conclusion of the public hearing, the Planning Commission recommended approval of the proposed
amendment. The "Substitution" clause written by the City Attorney is as shown in the attached
Ordinance.
.►ylI.1•].Ikyd:11.Ir_1 W-A*i**9LTA :4i;r6
In accordance with the provisions of the Ca lifornia Environmental Quality Act (CEQA),
Section 15061(b) of Article 5 of the California Code of Regulations and Guidelines promulgated
thereunder, the City has determined that this project is exempt and no further environmental review is
req u i red .
NOTICE OF PUBLIC HEARING:
On January 18, 2005, notice for this application was published in the Inland Valley Daily Bulletin and
the San Gabriel Valley Tribune using a one -eight page advertisement.
Prepared By Nancy Fong, AICP Reviewed By James DeStefano
Planning Manager Assistant City Manager
Attachments:
1. Draft Ordinance No. (XX) 2005
2. Planning Commission No. 2005-02
Agenda #
Meeting Date: 2/15/05
CITY COUNCIL\ AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: AUTHORIZATION FOR D&J MUNICIPAL SERVICES TO PERFORM INSPECTION
AND PLAN CHECK SERVICES FOR THE STARSHINE PARK IMPROVEMENT
PROJECT IN THE NOT—TO-EXCEED AMOUNT OF $7,500.
RECOMMENDATION:
Authorize plan check and inspection services.
FINANCIAL IMPACT:
There are sufficient funds in the 2004/05 FY budget for these expenses.
DISCUSSION:
The City currently contracts with D&J Municipal Services to provide inspection and plan check
services for the City of Diamond Bar. These services are necessary to complete the Starshine Park
Improvement Project. Attached is the proposal from D&J Municipal Services outlining the services
they will provide and the associated costs. Cost Summary is as follows:
Attachment:
REVIEWED BY:
Plan Check $1,500
Construction Inspection Services 6,000
Total $7,500
Proposal from D&J Municipal Services
Bob Rose
Community Services Director
James DeStefano
Assistant City Manager
STUDY SESSION ITEM 1
SEE AGENDA NO. 7.1
STUDY SESSION ITEM 1
SEE AGENDA NO. 7.
AGENDA #
NOTICE REGARDING THE CHECK REGISTER
Please note that the Check Register has not been
included in the electronic versions of the City
Council Agenda Packets on the City's Web Site
because severe formatting errors occur when
attempting to convert this material. If you are
interested in receiving a copy of the Warrant
Register, please contact the City Clerk's office at
909-839-7000 to receive a FAXed copy or to pick
one up in person.
We apologize for the inconvenience.