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HomeMy WebLinkAbout04/02/2002Tuesday, April 2, 2002 5:00 p.m. — Study Session CC -8 6:30 p.m. -- Regular Meeting South Coast Air Quality Management District/Government Main Auditorium 21865 East Copley Drive Diamond Bar, CA 91765 Mayor Wen A Chang Mayor Pro Tem Debby O'Connor Council Member Carol Herrera Council Member Bob Huff Council Member Bob Zirbes City Manager Linda C. Lowry City Attorney Michael Jenkins City Clerk Lynda Burgess Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City CIerk at (909) 860-2489 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. DIAMOND BAR CITY COUNCIL RULES (ALSO APPLIES TO CON MTSS10N AND COMMITTEE MEETINGS) PUBLIC INPUT The meetings oftbe Diamond Bar City Council are open to the public. A memher ofthe public may address the Council on the subjectof one or more agenda items and/or other hems of interest which are withinthe subject natter jurisdiction of the Diamond Bar City Council. A request to the Council should be submitted in person to the City Clerk. Aa a gmaal rule the opportunity for public comments will take plaoe at the discretion of the Chair. However, in order to facilitate the persons who at interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The C ' may limit the public input on any item or the total arnount of tithe allocated for public testimony based on the number of people requesting to speak d the business of the Council. ludividuali are requested to refrain from personal attacks towards Council Members or other citizens. Cornrnents which arc not conducive to a positive business meeting environment are viewed as attacks against the entire City Council and will not be tolerated Your cooperation is y appreciated In accordance with Govenune nt Codd Section 54934.3(a) the Chair tray from time W time dispense with public comment on items previously considered by the Council. (13= not apply to Committee meetings) In accordance with State Lw (Brown Act), all matters to be acted on by the City Council must be pasted at least 72 hours prior to the Council meeting In case of emergency, or when a subject matter arises subsequent to the posting of the agenda, upon making certain £rndmp the I no act on an item that is not on the posted agenda. CONDUCT IN THE CITY COUNCIL CHAMBERS The Chair shall order removed from the Council Chambers any person who commits the following acts in respect to a regular or special meetin; Diamond Bar City Council. A Disorderly behavior toward the Council or any member of the staff thercot tending to interrupt the due and orderly course of said meeting. H. A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting. C. Disobedience of any lawful order of the Chair, which shall include an order to be seated or to refrain from addressing the Board: and D Any other ttrtlawfu] interference with the due and orderly conduct of said meeting. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for the regular Diamond Bar City Council meetings are prepared by the City Clerk and are available 72 hours prior to the meeting. Agendas are available electronically and may be accessed by a personal computer through a phone modern- Every odemEvery meeting of the City Council is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot aooess the public speaking area. Sign language interpn services are also available by giving notice at least three business days in advance of the meeting. Please telephone (909) 860-2489 between 8 am and 5 p.m. Monday through Friday. HELPFUL PHONE NUMBERS Copies of Agends, Rules oftbe Council, Cassette Tapes of Meetings (909) 860-2489 Computer Access to Agendas (909) 860 -LINE General Information (909) 860-2489 NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA. 1 2 3 THIS MEETING IS BEING BROADCAST LIVE BY ADELPHIA FOR AIRING ON CHANNEL 17, AND BY REMAINING IN THE ROOM, YOU ARE GIVING Y UR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE-BROADCAS ON THE SATURDAY FOLLOWING THE COUNCIL MEETING AT 9:00 A.M. ON CHANNEL 17. CITY OF DIAMOND BAR CITY COUNCIL AGENDA April 2, 2002 STUDY SESSION: • Goals and Objectives SigmaNet Agreement CLOSED SESSION: CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: APPROVAL OF AGENDA: 5:00 p.m., CC -8 None. 6:30 p.m. Mayor Reverend Ted Meyers, Shepherd of the Hills Lutheran Church Council Members Herrera, Huff, Zirbes, Tem O'Connor, Mayor Chang Mayor SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Proclaiming April as "Fair Housing Month." 1.2 Proclaiming April as "California Earthquake Preparedness Month." P to Brenda Hunemiller, Area Coordinator, Area D, Office of Di Management. 1.3 Proclaiming April 14 — 20, 2002 as "Safety Seat Checkup Week." 1.4 Presentation of Certificate of Recognition to Lt. John Bowler, L.A. Sheriff, upon his retirement. 1.5 Presentation of City Tile to Tom Sawyer, ProSports, Business of the April 2002. 1.6 Introduction of Joe Maxey, Team Lieutenant, Walnut Sheriff. CITY MANAGER REPORTS AND RECOMMENDATIONS: PUBLIC COMMENTS: "Public Comments" is the time reserved on each regi meeting agenda to provide an opportunity for members of the public to directly Pro r APRIL 2, 2002 PAGE 2 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 ti e City Council values your comments, pursuant to the Brown Act, the Council ge erally cannot take any action on items not listed on the posted agenda. Please co lete 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of th City Council may briefly respond to public comments but no extended discussion a d no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 PLANNING COMMISSION MEETING — April 9, 2002 — 7:00 AQMD/Government Center Auditorium, 21865 E. Copley Dr. 5.2 TRAFFIC AND TRANSPORTATION COMMISSION MEETING — Apr 1 11, 2002 — 6:30 p.m., AQMD/Government Center, 21865 E. Copley Dr. 5.3 CITY COUNCIL MEETING —April 16,2002-6:30 p.m. AQMDIGovern ent Center, 21865 E. Copley Dr. 5.4 DIAMOND BAR CHAMBER OF COMMERCE CASINO NIGHT — Apri 20, 2002 — 6:00 -- 10:30 p.m., Pantera Park, 738 Pantera Dr. 5.5 CITY BIRTHDAY CELEBRATION — April 21, 2002 — 12:00 — 6:00 m. Pantera Park, 738 Pantera Dr. 5.6 FRIENDS OF THE DIAMOND BAR LIBRARY WINE SOIREE - April 28, - 4:00 - 7:00 p.m., Shilo Hilltop Suites, 3101 Temple Avenue, Pomona, 6. CONSENT CALENDAR: 6.1 CITY COUNCIL MINUTES - 6.1.1 Study Session of March 19, 2002 - Approve as submitted. 6.1.2 Regular Meeting of March 19, 2002 - Approve as submitted. Requested by: City Clerk 6.2 TRAFFIC & TRANSPORTATION COMMISSION MINUTES — Meeting of February 14, 2002 - Receive and file. Requested by: Public Works Division Ilar APRIL 2, 2002 PAGE 3 6.3 PLANNING COMMISSION MINUTES - Regular Meeting of February 26, 2002 - Receive and file. 1 Requested by: Planning Division 6.4 VOUCHER REGISTER - Approve Voucher Register dated April 2, 2002 in the amount of $684,219.57. l Requested by: Finance Division 6.5 TREASURER'S STATEMENT — month of February, 2002. Recommended Action: Review and approve. Requested by: Finance Division 6.6 SECOND READING OF ORDINANCE NO. 04(2002): DEVELOPP CODE AMENDMENT NO. 2001-04 PERTAINING TO ALLC TEMPORARY USES OF PROPERTY. Recommended Action: Approve second reading by title only and adc Requested by: Planning Division 6.7 APPROVE AMENDMENT NO. 3 TO CONTRACT WITH LDM ASSOCI, IN THE AMOUNT OF $15,000 FOR AS -NEEDED PLANNING SERVI Recommended Action: Approve. Requested by: Planning Division 6.8 RATIFICATION OF LETTERS OF OPPOSITION TO SB1506 (AMENI THE REVENUE AND TAXATION CODE) AND SUPPORT OF S (LIABILITY FOR PUBLIC SKATEBOARD PARKS). Recommended Action: Receive and file letters signed by the Mayor. Requested by: Legislative Subcommittee 6.9 ADOPT RESOLUTION NO. 2002-23 AMENDING RESOLUTION NO. 2( 43 SETTINGS FORTH PERSONNEL RULES AND REGULATIONS INCLUDE THE CREATION OF A PUBLIC INFORMATION OFFICER P RECLASSIFICATION OF ASSISTANT ENGINEER TO EXEMPT STAT Recommended Action: Adopt. Requested by: City Manager S S. APRIL 2, 2002 PAGE 4 6.10 APPROVE AMENDMENT NO. 1 TO CONTRACT WITH DAVID EV ASSOCIATES FOR AS -NEEDED LANDSCAPE ARCHITECT SERVI( THE AMOUNT OF $55,406. Recommended Action: Approve. IN Requested by: Community Services Division 6.11 ADOPT RESOLUTION NO, 2002-24 IN SUPPORT OF PRI RITY TREATMENT OF METROLINK'S RIVERSIDE LINE BY THE U ION PACIFIC RAILROAD COMPANY. Recommended Action: Adopt. Requested by: City Manager 7. PUBLIC HEARINGS: None. 8. COUNCIL CONSIDERATION: 8.1 APPROVE CITY MEMBERSHIP IN THE NATIONAL LEAGUE OF CITI S IN THE AMOUNT OF $1,765 FOR THE FIRST YEAR, Recommended Action: Approve. Requested by: City Manager 8.2 ADOPT RESOLUTION NO. 2002-25 APPROVING THE NEIGHBORH OD IMPROVEMENT (CODE ENFORCEMENT) POLICY. Recommended Action: Adopt. Requested by: Neighborhood improvement Subcommittee 8.3 APPROVE BUSINESS EXPANSION AGREEMENT WITH SIGMANET. Recommended Action. Approve. Requested by. Community Development Division RECESS TO REDEVELOPMENT AGENCY ANNUAL MEETING 1. CALL TO ORDER: Chairman ROLL CALL: Agency Members Chang, Herrera, H iff, VC/Zirbes, C/O'Connor APRIL 2, 2002 PAGE 5 2. PUBLIC COMMENTS: "Public Comments" is the time reserved or each regular meeting agenda to provide an opportunity for members of the ublic to directly address the Agency on Consent Calendar items or matt rs of interest to the public that are not already scheduled for consideration on this agenda. Although the Redevelopment Agency values your comments, pursuant to the Brown Act, the Agency generally cannot take any action on items not listed on the posted agenda. Please complete a Sp BakerCard There is a five-minute Redevelopment Agency. 3. CONSENT CALENDAR: 3.1 APPROVAL OF MINUTES — Regular Meeting of December 4, 2001 — Approve as submitted. Requested by: Agency Secretary 3.2 TREASURER'S STATEMENT - Submitted for the Redevelo ment Agency Board's review and approval is the Treasurer's Stat ment dated March 31, 2002. Requested by: Finance Division 4. PUBLIC HEARINGS: None 5. AGENCY CONSIDERATION: None 6. AGENCY MEMBER COMMENTS: Items raised by individual A Members are for Agency discussion. Direction may be given at this m or the item may be scheduled for action at a future meeting. 7. ADJOURN REDEVELOPMENT AGENCY MEETING RECONVENE CITY COUNCIL MEETING: 10. COUNCIL SUB -COMMITTEE REPORTS/ COUNCIL MEMBER COMMEWS: 11. ADJOURNMENT: AGENDA NOI 6.1.1 CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION �Af�j7 MARCH 19, 2002 CALL TO ORDER: M/Chang called the meeting to order at 5:10 p.m. in Room CC -8 of the South Coast Air Quality Managmeet District/Government Building, 21865 E. Copley Drive, Diamond Bar. Discussion re: Options for Landscaping of Private Property Slopeslong Major Boulevards • Discussion Regarding Feasibility of a New Redevelopment Project ROLL CALL: Council Members Herrera, Huff, MPT/O'Connor and Mayor Chang. Also present were: James DeStefano, Deputy City Manager; Mike Jenkins, City Attorney; David Liu, Public Works Director; Bob Rose, Com unity Services Director; Linda Magnuson, f=inance Director; Lynda Burgess, City lerk; Kirk Phillips, Assistant Engineer; Ann Lungu, Associate Planner and odd Stronjy, Sr. Administrative Assistant. • Discussion re: Options for Landscaping of Private Property Slopes a�ong Major Boulevard. CSD/Rose reported that the work is difficult and hazardous. He suggested that staff review state codes and legislation to determine whether it is possib a to expand Lighting and Landscape Maintenance District No. 38 to pla e a maintenance easement over some of the priority slopes. Steps toward this end would be to inventory major slopes adjacent to major boulevards for size and condition, determine the level of improvement appropriate for each slope and obtain a conceptual cost estimate for improvement and ongoing maintena ce. Ongoing maintenance costs per sq. ft. for one year are estimated to be $ .20 (excluding utility cost). The cost to develop and irrigate one sq. ft. for one ear would be approximately $2.13. The cost for one water meter is about $6,26 per meter. Maintenance would be approximately $800,000 per year for one sid of the street. He believed that the first step toward formulation of a s pe maintenance program is to develop priorities based upon an accurate inven ory of the slopes. C/Huff asked if the City could legally maintain private slopes. CA/Jenkins said that one way for the public to assume responsible alternati would be to obtain City or landscape district easements. Properties would assessed if a district were established. Either way, the City requires some t of entry to private property. Another possibility is that the City could obtain property through acquisition as open space. be MARCH 19, 2002 PAGE 2 CC STUDY SESSION MPT/O'Connor said that a resident living on D.B. Blvd. south of Goldru h has about 100 ft. of slope. This resident is on fixed income and cannot aff rd to water the slope. C/Huff said that if the City did only a portion of the maintenance, it wo�Id be perceived as doing nothing. CA/Jenkins said that the City would create equity and precedent issues. By setting up a landscape and lighting district, the City would establish a fu ding mechanism for City or district subsidy for people who are elderly, disabled r low income. C/Huff asked if the City could establish criteria for a matching fund program. CA/Jenkins thought the City could legally establish such a program. MPT/O'Connor asked if CDBG funds could be used for public improvem nt to which DCM/DeStefano responded that such funding is not typically used fo this type of landscape effort — they are typically used for health and safety issu s. If these funds could be used for landscaping properties, they would have to eet low and moderate -income qualifications. C/Zirbes agreed that slope maintenance is an ongoing problem. On the orth side of D.B. Blvd. between Mountain Laurel and Montefino, there are any homes that stop against a common wall with an area between the wall an the street. Some homeowners maintain those areas while others do not. 1=u her north on D.B. Blvd. at Lorbeer, homeowners in that area also sporadi ally maintain their homes as well. He recommended that the City first look at hat ordinances are available regarding landscape maintenance in all areas o the City. DCM/DeStefano said that with respect to code enforcement, staff took the ordinance change to mean that these areas needed to be properly landsca ed. However, there is no detail as to what "landscape" actually means. Some c ties have created standards in accordance with what the community believes t be appropriate for the area. It is helpful information for the public to underst nd what is required from a code enforcement issue. C/Zirbes thought that, at a minimum, weeds should be kept to a manage ble level and people should be encouraged to display a certain image and allow f r a funding mechanism for low and moderate income housing. MPT/O'Connor said that the homeowner she referred to earlier has the weds removed each year. However, she does not have the funds to maintain he property beyond weed removal. She believed that it would help to inform he homeowners that they are responsible for maintaining their slopes. MARCH 19, 2002 PAGE 3 CC STUDY SESSION C/Zirbes agreed and thought that the City could take a look at the situation year after homeowners were informed about the need to keep their slopes maint ined. He thought that the notification should include some standards. Staff could propose standards to Council for consideration. C/Huff liked the idea of setting standards and creating a palate of dsired vegetation. This would put additional stress on code enforcement tha may necessitate hiring an additional code enforcement officer. He agree with MPT/O'Connor that the City should launch an educational program to infor the residents about what is expected. He thought that non-profit organizations could be encouraged to volunteer to help people who can't maintain their slope He would be disinclined to form a district or create easements because f the logistics. He would prefer to seek voluntary compliance. In the fut re, if voluntary compliance does not work, then the City could look at creating a t hter regimen of compliance. C/Herrera said she is uncertain whether residents would approve a $60 pe rj year assessment even though they would prefer better appearing slopes. CSD/Rose agreed with M/Chang that a reasonable first step would be for st ff to review the Municipal Code and determine a somewhat higher standard for lope maintenance. C/Herrera liked DCM/DeStefano's suggestion to send brochures to resi�ents advising them of the plan. M/Chang thanked CSD/Rose for his thoughtful consideration about this and his report to Council. Discussion Regarding Feasibility of a New Redevelopment Project Area DCM/DeStefano stated that the City's consultant, A.C. Lazzaretto & Associz determined that there is continuing deterioration in certain portions of the Some shopping centers are worse off than they were in 1997 when a pr( area was first created and some shopping centers are better. There is evidE of deterioration in certain shopping centers, evidence of lack of attentior property owners and property management companies, lack of finar investment in some shopping centers and high vacancy rates. In additio commercial areas, there are concerns regarding deterioration in some reside areas. Some older areas of town tend to indicate a lack of investment and of interest in maintenance, etc. A possibility in dealing with these issues is creation of a new redevelopment project area. Andrew and Dominic Lazzar were engaged to look at D.B. in detail, review the documents surrounding 1997 effort, review the court case and provide a report to Council with respei those findings. Further, staff asked that an area of approximately 30 exiE parcels located between Golden Springs Dr. and the SR 60 on both sides of nce by tial to Wal to MARCH 19, 2002 PAGE 4 CC STUDY SESSION D.B. Blvd. (the Von's-Kmart area) be considered for a specific project area. Andrew Lazzaretto concluded that with such a limited area, the feasibility of financing and sustaining a viable redevelopment project area in D.B. is ve low. He recommended that in lieu of pursuing the goal of forming a redevelo ment project area, that the City continue to work with the current property own rs to explore alternate ways to solve the problems that exist in the older com ercial areas of the City. DCM/DeStefano asked Council for direction. M/Chang felt that this was a very important issue and that Council shouldove forward to request a proposal. He further recommended that CA/Jenkins pr vide information regarding potential methods for obtaining approval f r a redevelopment project area. C/Zirbes said that, based upon Mr. Lazzaretto's report, he was concerned bout the challenge of creating even a small project area that would be econom cally feasible to achieve success. Based upon the fact that the original project area was successfully challenged in court, is it feasible that additional studies ould provide success. He recommended that Council consider growing the p ject area to include residential along with the commercial area. He questi ned whether a proposal would stand up to the legal challenges. C/Herrera did not favor adding residential. However, to extend the project rea, perhaps the Council could consider extending the area down D.B. Blvd. to and Temple Ave., stopping at Highland and the center that houses Oak Tree L nes. She hated to give up on economic development because it is important to D. . C/Huff said that he was not in favor of incorporating residential properties. He agreed with C/Herrera about extending the project area consideratio to incorporate the center that houses Oak Tree Lanes. MPT/O'Connor was not in favor of moving forward. C/Herrera asked staff to give Council the cost of providing a blight assess ent. Depending on the cost, Council could then decide whether or not to proceed. M/Chang said his proposal was not to spend the money but to decide wheth r to pursue the study based upon the cost. He agreed with C/Herrera that the ity can not afford to give up the economic development tool. Surrounding c ies have this type of tool. The majority of residents question why D.B. does not h ve economic development and cannot afford to build a community center. O her cities have used economic development to build their community centers. D.B. is forced to use its reserves to build a community center. MARCH 19, 2002 PAGE 5 CC STUDY SESSION Council Members concurred to direct staff to bring back cost estimates for a blight area study and financial feasibility study for the area along D.B. Blv . from Golden Springs to Highland Valley for Council's consideration. ADJOURNMENT: Mayor Chang adjourned the Study Session at 6:34 p. ATTEST: Mayor Wen Chang LYNDA BURGESS, City Clerk 2 MINUTES OF THE CITY COUNCIL Agenda N REGULAR MEETING OF THE CITY OF DIAMOND BAR MARCH 19, 2002 STUDY SESSION: 5:10 p.m., AQMD/Government Center Room Discussion re: Options for Landscaping of Private Property Slopes along Major Boulevards Discussion Regarding Feasibility of a New Redevelopment Project ADJOURNED STUDY SESSION: CLOSED SESSION: CALL TO ORDER: PLEDGE OF ALLEGIANCE: 6:34 p.m. None 6:45 p.m. Mayor Pro Tem O'Connor ROLL CALL: Council Members Herrera, Huff, Mayor Pro Tem O'Connor, Mayor Chang Also present were: James DeStefano, Deputy City Ma Mike Jenkins, City Attorney; David Liu, Public Works Director; Bob Community Services Director; Linda Magnuson, Finance Director and Burgess, City Clerk. APPROVAL OF AGENDA: DCM/DeStefano asked that Redevelopment Agency Agenda for this evening be removed in its entirety moved to the April 2, 2002 meeting, the annual meeting date. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Proclaimed March 23-29, 2002 as "Safe Communities Week." the and CITY MANAGER REPORTS AND RECOMMENDATIONS: DCM/DeStefano reported that staff recently received notice that Lanterman Developmental Ce will conduct a tabletop disaster drill on Tuesday, March 26, from 8:00 a.m. to 1 noon. At 8:00 a.m. and 12:00 noon, sirens and horns will be sounded to comme and conclude their portion of the statewide event. Notices were sent to memt of the City's Lanterman Monitoring Committee and notice will be displayed Channel 17. 3. PUBLIC COMMENTS: Mr. Rick Richmond, Chief Executive Officer, Alameda Corridor East Construe Authority, discussed the relationship between the ACE project and the recent increase put into effect by the Walnut Valley Water District. K1 on MARCH 19, 2002 PAGE 2 CITY COUNCIL Allen Wilson complained because the fines levied against the energy cons Itants who did not file Conflict of Interest Statements during the energy crisis havto be paid by the taxpayers. Jack Tanaka advised the public that the Breakfast Lions Club drum concert be held at DBHS on Sunday, March 24. Betts Gripphone, President, D.B. Friends of the Library, invited reside is to participate in the Friends of the Library Annual Wine Tasting Soiree on April 2 from 4:00 p.m. to 7:00 p.m. at the Shiio Hilltop Suites. Dick Farrell said that some cities such as Paris, Rome, Florence, Madrid and thers age well. D.B. is an aging city that has not acquired a patina and no longer ex ibits charm. This City is deteriorating. He encouraged Council and residents to su port the upcoming initiatives for the betterment of the community. 4. RESPONSE TO PUBLIC COMMENT: M/Chang said that one o the Council's objectives is to keep the City well maintained. As a result, the Neighborhood Improvement subcommittee was recently formed to entertain i eas and solutions for improving the aesthetics of D.B. 5. SCHEDULE OF FUTURE EVENTS: 5.1 DIAMOND BAR COMMUNITY FOUNDATION MEETING - March 21, 002 - 7:00 p.m., SCAQMD/Government Center Room CC -8, 21865 E. Cop le Dr. 5.2 10th ANNUAL CITY OF DIAMOND BAR YOUTH TRACK MEET - Marc 23, Walnut High School Track, 400 Pierre Rd., Walnut. Participant Pa de begins at 8:20 a.m. with the first race beginning at 9:00 a.m. 5.3 PARKS AND RECREATION COMMISSION MEETING -March 28, 20 2 - 7:00 p.m., SCAQMD/Government Center Hearing Board Room, 2186 E. Copley Dr. 5.4 19" ANNUAL EASTER EGG HUNT — March 30, 2002 - Co-sponsored by D.B. Breakfast Lions Club and the City, Summitridge Park, 1425 Summitri Dr. The hunt begins at 10:00 a.m. 5.5 CITY COUNCIL MEETING — April 2, 2002 — 6:30 p.m., Center Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: Moved by C/Huff, seconded by C/Zirbes to approvee Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Herrera, Huff, Zirbes, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS - None MARCH 19, 2002 PAGE 3 CITY COUNCIL ABSENT: COUNCILMEMBERS - None 6.1 APPROVED CITY COUNCIL MINUTES: 6.1.1 Study Session of March 5, 2002 -As submitted. 6.1.2 Regular Meeting of March 5, 2002 - As submitted. 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES - Fe ruary 12, 2002. 6.3 RECEIVED AND FILED PARKS & RECREATION COMMISSION MIN TES — January 24, 2002. 6.4 RECEIVED AND FILED TRAFFIC & TRANSPORTATION COMMIS ION MINUTES - January 10, 2002. 6.5 APPROVED VOUCHER REGISTER -dated March 19, 2002 in thea ount of $1,061,958.15 (MPT/O'Connor abstained from approval of P.O. 110 3 in the amount of $5,716.63 due to a potential conflict of interest relating t the Lanterman Forensic Expansion Project). 6.6 EXONERATED SURETY BONDS (FAITHFUL PERFORMANCE ND LABOR AND MATERIALS) POSTED BY STANDARD PACIFIC HO ES FOR COMPLETION OF STREET AND SEWER IMPROVEMENTS OR TRACTS 32400, 52203, 52204 AND 52228 - Bond Nos, 111 4160 91 6 in the amount of $135,919; 1113331 7658 in the amount of $98,169; 111 331 7674 in the amount of $269,239 and 111 1940 5360 in the amou t of $484,023. 6.7 APPROVED NOTICES OF COMPLETION: 6.7.1 AREA 3 SLURRY SEAL PERFORMED BY PAVEMENT COATIGS COMPANY — authorized the City Clerk to file the Notice of Comple ion and release any retention amount thirty-five days after the records ion date. 6.7.2 CONSTRUCTION OF DRAINAGE AND IRRIGN IMPROVEMENTS AT PETERSON PARK PERFORMED BY �ATI R N GIANT LANDSCAPE — authorized the City Clerk to file the Notic of Completion, release any retention amount thirty-five days after he recordation date; and approved a C.I.P. budget transfer of $17,582 for final project cost of $297,582. 6.7.3 CONSTRUCTION OF LANDSCAPE IMPROVEMENTS N PARKWAY MEDIANS ALONG GOLDEN SPRINGS DR. AND N SUNSET CROSSING RD. PERFORMED BY MEGA W Y ENTERPRISES — authorized the City Clerk to file the Notice of MARCH 19, 2002 PAGE 4 CITY COUNCIL Completion and release any retention amount thirty-five days afi�er the recordation date. 6.8 APPROVED CONTRACT EXTENSION WITH DMC DESIGN GROU FOR CONSTRUCTION INSPECTION SERVICES FOR PETERSON ARK DRAINAGE AND IRRIGATION IMPROVEMENTS PROJECT FROM $14,100 TO $16,523. 6.9 RECEIVED AND FILED REPORT ON FRANCHISE FEES AND O HER CONTRACTUAL REQUIREMENTS RELATED TO THE FRANCHISE AGREEMENT WITH ADELPHIA. 6.10 ADOPTED RESOLUTION NO. 2002-21 AUTHORIZING THE ITY MANAGER TO APPLY FOR ALL AVAILABLE HOUSEHOLD HAZAR OUS WASTE AND USED OIL RECYCLING GRANTS OFFERED BY THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD. 6.11 AWARDED CONTRACT TO P&D CONSULTANTS FOR ON-GOING W TER CONSERVATION AND LANDSCAPE MAINTENANCE MANAGE ENT SUPPORT SERVICES IN AN ANNUAL AMOUNT OF $48,540 PLUS 0% OF VERIFIED WATER -COST SAVINGS. 6.12 ADOPTED RESOLUTION NO. 2002-22 AUTHORIZING APPLICATION 50% GRANT FOR TECHNOLOGY OPPORTUNITIES. 6.13 AUTHORIZED EXCEEDING THE CITY MANAGER'S PURCH SE AUTHORITY FOR OFFICE SUPPLIES FROM BOISE CASCADE IN THE AMOUNT OF $25,000 FOR FY 01-02. 6.14 APPROVED MID -YEAR BUDGET ADJUSTMENT. 6.15 AWARDED CONTRACT TO BONTERRA CONSULTING TO PREPARAN ENVIRONMENTAL IMPACT REPORT FOR PROPOSED TENTA IVE TRACT MAP NO. 53430, DIAMOND ROAD COMPANY, LLC/STAN EY CHUNG IN THE AMOUNT OF $117,220 WITH A CONTINGENCY OF $23,444 FOR A TOTAL CONTRACT OF $140,664. 7. PUBLIC HEARINGS: 7.1 FIRST READING OF ORDINANCE NO. 04 (2002) DEVELOPMENT AMENDMENT NO. 2001-04 PERTAINING TO ALLOWED TEMPO USES OF PROPERTY. MPT/O'Connor asked that letters be sent to all youth organizations advis ng them that "garage" type sales would not be allowed in the Kmart parking lot according to this ordinance. M/Chang declared the Public Hearing open. MARCH 19, 2002 PAGE 5 CITY COUNCIL There being no testimony offered, M/Chang closed the Public Hearii Moved by C/Zirbes, seconded by C/Herrera to approve first reading qy title only and waive full reading of Ordinance No. 04(2002). Motion carried y the following Roll Call vote: AYES: COUNCIL MEMBERS - Herrera, Huff, Zirbes, MPT/O' M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 8. COUNCIL. CONSIDERATION: 8.1 CONSIDERATION OF A MITIGATED NEGATIVE DECLARATION FOR THE PROPOSED SUMMITRIDGE COMMUNITY AND SENIOR CE TER PROJECT. (Continued from March 5, 2002) There was no one present who wished to speak on this matter. Moved by M/Chang, seconded by C/Zirbes to approve the Mitigated Neg tive Declaration for the proposed Summitridge Community and Senior Cnter Project. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Herrera, Huff, Zirbes, MPT/O'Co nor, M/Chang NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 8.2 CONSIDERATION RE: SETTING PRIORITIES FOR SPECIAL EVEN FOR FISCAL YEAR 2002-2003. Moved by C/Huff, seconded by C/Herrera to approve the special evnts schedule listed in the staff report for FY 02/03 for a total cos of approximately $133,000 and an estimated revenue of $14,000 and redu ing the number of Concerts in the Park to six. Motion carried by the follo Ing Roll Call vote: AYES: COUNCIL MEMBERS - Herrera, Huff, Zirbes, M/Chang NOES: COUNCIL MEMBERS - MPT/O'Connor ABSENT: COUNCIL MEMBERS - None 9. COUNCIL SUB -COMMITTEE REPORTS/ COUNCIL MEMBER COM EN S: C/Zirbes said that during the past week he received numerous telephone calls nd e-mails regarding the "no parking on street sweeping day" matter. He than ed everyone for participating. For those who still have questions, contact a City Cou cil or staff member. He further stated that economic development is a vital and ey issue for D.B. During the past two weeks, he worked with the Ralph's Market fo ks MARCH 19, 2002 PAGE 6 CiTY COUNCIL regarding their Country Hills Towne Center location. Ralph's conducted a fe ibility study that resulted in no expansion in D.B. However, they will now a low a competitor to occupy the site. With Ralph's permission, the City has been a tively marketing the center. Von's is currently analyzing the site and potential bu iness opportunity and the Council is hoping for a positive outcome. He stated t at he would be meeting with Albertson's on March 21 to discuss the possibi ity of expanding to that location. He is currently pursuing other markets about loca ing in the center. He thanked staff and DCM/DeStefano for their assistance. H also thanked C/Huff and M/Chang for everything they accomplished on their rip to Washington D.C. He announced that the Miss D.B. pageant would be held arch 22, at 7:00 p.m. at Mt. SAC. C/Herrera reported that various staff and Council Members have spoken withrader Joe's many times. Trader Joe's does not feel that D.B. and the surrounding area has enough households to support locating a store locally. The State Lante man meeting is scheduled for April 18 at the Walnut Senior Center at 7:00 M. However, there is potential for delay once again. C/Huff traveled to Washington D.C. to attend a transportation conference as Vice President of Foothill Transit. While there, he and Mayor Chang used the oppo unity to lobby legislators for federal funding. Whether or not the lobby was successf I will be revealed when cost appropriations are handed down. MPT/O'Connor attended the City's first Arbor Day celebration sponsored by arks and Recreation. The event was well attended and a sycamore tree was plant d at Pantera Park during the festivities. Three Community Foundation members h Id a telephonic conference with the City's grant writer and discovered that the Foundation has a tough road ahead with respect to obtaining grant funding. On March 9, she attended the D.B. Chinese Senior Club meeting at Heritage P rk. Staff members were present in an attempt to sign people up for the Dial -A- ide program. Fortunately, Mrs. Wen Chang assisted in the effort. She and C/Zi bes attended the Little League opening game during which C/Zirbes threw the first all. Senator Margett also attended. That evening, she attended an Eagle Scout de of Honor for Richmond Choy. She attended the Chamber's ribbon -cu ing ceremonies for the opening of American General Finance located adjacent to the Acapulco Restaurant. She, M/Chang and DCM/DeStefano traveled to Sacram nto on Wednesday to attend an appreciation dinner for the City's lobbyists. While th re, the group met with Senator Margett and Assembly Member Pacheco to ask for funding to assist with the community center and Proposition 40 funds. On Fri ay, the Sheriffs Department conducted a safety checkpoint on Golden Springs D . in front of L.A. Fitness. Approximately 1200 vehicles passed through the checkp int in a five-hour period. The individual who has been placing flyers on vehicles t let people know about the "no parking on street sweeping days" has unwittingly d ne the City a great service by alerting residence to the situation. People who h ve questions should call a Council or staff member to get accurate information. he stated that she had received a threatening letter that she turned over to the Sher s Department. MARCH 19, 2002 PAGE 7 CITY COUNCIL M/Chang announced that the L.A. Fire Department would host "Op ration Homeland." He asked the Assistant Fire Chief to explain the event. M/Chan then spoke about his attendance at the League of Cities conference in Washingto D.C. The concerns addressed were "Homeland Security" and federal support for ritical municipality programs. The League requested that the allocation formula for DBG funding not be changed. Local communities are concerned about the effect of the $50 million budget reduction. He asked staff to remain vigilant when it comes o use of CDBG funds. The entire nation faces water shortages and the League ask d the federal government to commit to the investment of the water infrastruct re to prevent future shortages. Additionally, the League asked the administration to foster a stimulus plan for the economy. The League continues to discuss the i ss of remote sales tax for catalogues and Internet purchases. Sales tax contributes bout 30% to city government revenue nationwide. The League is also asking fo local control over public right of way use fees to help improve the quality of life at th local level. While in Washington, he visited the offices of Senators Feinstein and oxer and Congressman Miller. Among issues discussed were the Four Corners SR 7/60 interchange and grade separation project and the bypass corridor project. They also spoke about the possibility of federal assistance for the cam unity center/library project and the ongoing zip code problem. One of the problem with the current post office is the lack of space. M&H Properties indicated an inter st in discussing the possibility of locating a larger (25,000 sq. ft.) postal facility t the Country Hills Towne Center at a very attractive rental rate. Council is proac ively pursuing this matter. He met the governmental affairs manager for Adelphi at a recent event and mentioned the ongoing broadcasting problems experienced y the City. The gentleman asked for two weeks to resolve the problem. Further, h met the Mayor of Porterville when he was in Washington, D.C. who stated th t his community was happy to have helped resolved the Lanterman issue. Portery Ile is pleased to have forensic patients at their facility because the center iE the foundation of their economy. M/Chang then commended staff for their good service to the D.B. Chinese Association's Senior Club. He congratulated Wester University of Medical Sciences in Pomona on receiving funding for construction of their fa ility. This is the only occasion in which a veterinary school has been granted fundi g in the past 20 years in the U.S. This will be the second veterinary school in Calif rnia. ADJOURNMENT: There being no further business to conduct, M/Chang adjou ed the meeting at 8:40 p.m. LYNDA BURGESS, City Clerk ATTEST: Wen Chang, Mayor CITY OF DIAMOND BAR Agenda No. 6.2 MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSIC JANUARY 10, 2002 I. CALL TO ORDER: Chairman Virginkar called the meeting to order at 7:05 p.m. in the South Coast A r Quality Management/Government Center Hearing Board Room, 21865 E. Copley Drive, iamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Chairman Virginkar led in the Pledge of Allegiance. ROLL CALL: Present: Chairman Virginkar, Vice Chairman Istik and Commissioners Kung, Leonard and Morris. Also Present: David Liu, Director of Public Works, John Ilasin, Assistant ngineer; Kirk Phillips, Associate Engineer, Linda Smith, Development Services Assistant, Deputy Diane Dodd and Sharon Gomez, Administrative Assistant and Debbie Gonzales, Administrative Secretary II. APPROVAL OF MINUTES: A. Minutes of November 8, 2001. C/Istik moved, C/Morris seconded to approve the minutes of the Regular Meeting of November 8, 2001 as presented. Motion carried by the f )Ilowing Roll Call vote: AYES: COMMISSIONERS. Morris, VC/Istik, Chair/Virginkar NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Leonard ABSENT: COMMISSIONERS: Kung III. COMMISSION COMMENTS: None IV. PUBLIC COMMENTS: Cindi Makhoul asked for a status on her stop sign request. She believed the sign at the corner of Diamond Bar Boulevard and Golden Springs Drive needs 10 read: 8:30 to 9:00 a.m. on Fridays — No Right Turn. DPW/Liu responded that that stop sign requests for Golden Prados and Ritter will appear on either the January 29 or February 5 City Council meeting age da for discussion. Designated times posted on the sign at the intersection of D amond Bar Boulevard and Golden Springs Drive were provided by school officialE. Staff will contact the school to determine whether changes are needed and advise Mrs. Makhoul of the outcome. JANUARY 10, 2002 PAGE 2 T&T V. CONSENT CALENDAR - None VI. OLD BUSINESS - None VII. NEW BUSINESS: A. Consideration of Street Name Change of Tin Drive to Crestview Dri, DSA/Smith presented staffs report. Staff recommends that the Tr ffic and Transportation Commission receive public testimony, discuss th matter, and consider the issue of changing the name of the public street of in Drive (between Great Bend Drive/Farben Drive and Diamond Bar Boul vard) to Crestview Drive and direct staff accordingly. Martha Bruske, 600 South Great Bend Drive (a continuation of Ti Drive), said that it distresses her that there is so much staff work done b fore the issue comes before concerned residents. She is concerned a out the development of the Pulte Homes tract, the fact that the tract has my one fire gate access and that the traffic spills onto Diamond Bar Boulev rd, one of the busiest streets in Diamond Bar. She pointed out that er tract contains street names associated with cowboy activities or the es. In addition, Golden Prados Drive and Goldrush Driv are western/southwestern names. The neighborhoods have a right to aintain their integrity and she sees no reason why the name of a str et that continues on opposites sides of Diamond Bar Boulevard should be the same on both sides. Leave the street names as they currently exist. Doug Dimitruk, 23341 Wagon Trail Road, shared Mrs. Bruske's c ncerns. He likes the fact that his tract's street names have a western the a and sees no reason to change that theme. In addition to the pr viously mentioned concerns, there must be associate costs with stree name changes. He is opposed to a street name change for Tin Drive. Cindi Makhoul concurred with Mrs. Bruske and Mr. Dimitruk. Sheh s lived in the tract for 22 years and wants the street name to remain Tin Dri C She too, is opposed to a street name change and would like to have the ity pay attention to important matters such as stop signs and ca recting informational signs at schools. Nancy Harbough, 23347 Wagon Trail Road, said that the idea for street name change came up at a political rally for Mr. Bob Zirbes. She read a letter from her husband pointing out his reasons for favoring a name change from Tin Drive to Crestview Drive. He urged approval of the name change, C/Kung asked what costs are involved in the name change. DPW/Liu said the costs would be nominal. JANUARY 10, 2002 PAGE 3 T&T VC/lstik said that issues that effect neighborhoods should be mand ted by a two-thirds majority approval by the residents. C/Morris concurred. C/Kung did not believe this matter deserved staffs time and energ and he did not want to set precedence. VC/Istik moved, C/Leonard seconded to recommend that the Cit Council change a street name only if there is an overwhelming number of affected residents who favor such a change. Following discussion, ChairNirginkar asked DPW/Liu for staffs further recommendation on how to proceed with this issue. DPW/Liu responded that staff would recommend that a survey letter be sent to residents with a survey results report to the Traffic and Transportation Commission at its next meeting. Motion failed by the following Roll Call vote: AYES: COMMISSIONERS: Leonard, VC/Istik NOES: COMMISSIONERS: Kung, Morris, ChairNirginkr ABSENT: COMMISSIONERS: None C/Kung moved to reject the name change proposal. The motion ied for lack of a second. ChairNirginkar suggested that the Commission request staff to c duct a survey in the tract and bring the matter back to the Commission at its next meeting for further consideration. VC/Istik recommended that staff be requested to include inp t from essential services in its report. C/Morris moved, C/Leonard seconded that this matter be referred ack to staff to gather additional input for the Commission. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Leonard, Morris, ChairNirgi kar NOES: COMMISSIONERS: Kung, VC/Istik ABSENT: COMMISSIONERS: None B. Consideration of Multi -Way Stop Signs at T -intersection of Ev rgreen Springs Drive/Lost River Drive. DSA/Smith presented staffs report. Staff recommends that the Tra 1c and Transportation Commission receive public testimony, discuss th traffic conditions and recommend (1) the installation of a stop sign lat the JANUARY 10, 2002 PAGE 4 T&T intersecting leg of Lost River Drive at Evergreen Springs Drive, (2 the City coordinate with the Sheriffs Department to provide increased enf rcement of the posted 25 mile per hour speed limit and "No U-turn" signs currently posted on Evergreen Springs Drive. Samuel Jenkins, 2252 Evergreen Springs Drive, asked for enforment of the posted 25 mile per hour speed limit and installation of the stop qign. Elisa Alsawalhy, 2249 Evergreen Springs Drive, is concerned forte safety of her children and the students. She favored the stop sign and b lieved it would help to slow down the cars. Cheryl Bach, 2266 Evergreen Springs Drive (the corner of Evergreen Springs Drive and Lost River Drive) has not seen a 25 -mile per ho r speed limit sign. The street accommodates drag racing between the two schools. There is no stop sign when driving around the corner from Lost Riter Drive onto Evergreen Springs Drive and vehicles fly out of Lost River Drve. She has witnessed many close calls. She walks her three children t school each day because she fears for them to cross the street alone. Sherthought she was buying a house in a safe neighborhood. She feels that enforcement is definitely more visible on Diamond Bar Boulevard' han it is on Evergreen Springs Drive even though there is a high school and elementary school on that street. She feels the least that should be done is to install a three-way stop at the intersection of Evergreen Springs Orive and Lost River Drive. There are stop signs around Chaparral Middle School but not around Evergreen Springs Elementary School. She fully sup arts the recommendation for stop signs. Reyna Melendez, 2260 Evergreen Springs Drive, has four children ages 7- 14 and works at Evergreen Springs Elementary School. She has worked at several different school sites and has watched stop signs go up at II of the other locations but not at Evergreen Elementary School. The ildren's safety is at risk every day. She has also not seen a 25 -mile per our sign on the decline and she wants more enforcement in the area. Walter Cooprider, 2273 Evergreen Springs Drive,, said driver's sped on his street and he doesn't know how they are able to stop. He is in f vor of a stop sign but if it doesn't work, he wants it removed. Kathy McDonnell, 2424 Sunbright Drive, has lived in her home for 38 years and has seen vehicles speeding on this street, She wants a stop sign at Sunbright Drive in addition to a stop sign at Lost River Drive. Sign 3 do not help. People are not self-disciplined. They need to be ticketed so tat it hits them in the pocket. John Melendez, 2360 Evergreen Springs Drive, favored a three- ay stop sign. He hopes that a stop sign will prevent children from getting hu If the JANUARY 10, 2002 PAGE 5 T&T C stop sign is approved, when will it be installed and will crosswalks be installed? DPW/Liu responded to speakers. The 25 -mile per hour sign is p sted on the west side of Evergreen Springs Drive just past the D. B. H. S. dri% -eway. If the Commission recommends approval of the three-way stop installation, the recommendation will be forwarded to the City Council for consic enation. Following discussion, C/Kung moved, C/Leonard seconded to re mmend installation of multi -way stop signs at the intersection of Evergreer Springs Drive and Lost River Drive. VC/lstik felt that various recommendations for traffic mitigation r lade by DKS Associates should be considered prior to voting on this matter. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kung, Leonard, ChairNirgi kar NOES: COMMISSIONERS: Morris, VC/Istik ABSENT: COMMISSIONERS: None Chair/Morris advised audience members that the vote is a recomm ndation to the City Council for further action. A multi -way stop is not app o1,4 or disapproved until the City Council considers the matter and re ders its decision, DPW/Liu said he hoped to have the matter on the February 5 City Council agenda. Residents will be notified one week prior to the meeting. University of Phoenix Parking Request on Valley Vista Drive. AE/Phillips presented staffs report. Staff recommends that the Tris and Transportation Commission receive public input, discuss the mat er and deny the request from the University of Phoenix for on -street park ng and request staff to send a written response to the University of Phoen The response will indicate the denial of their request and ask the Univ kin to address the parking needs by adjusting the class sizes and/or sche ules or by working with the management company and/or the neighboring roperty owners to acquire permission to use their parking lots. Howe er, the university is not limited to these suggestions. Monica Moya, University of Phoenix, said that the University has a justed class sizes and schedules and has been working with the management company regarding use of neighboring properties which presents a liability and safety issue. She thanked the Commission for looking into this matter. Ninety-seven percent of the student population lives outside of D. . She again requested the Commission consider granting permission for arking JANUARY 10, 2002 PAGE 6 T&T on the westerly side of the street only to accommodate the large umber of students who drive into the area. The University of Phoenix is to king into moving to a larger facility either inside or outside of D.B. to accom odate a larger student body. ChairNirginkar asked if the University had considered increasing security during peak evening hours. Ms. Moya responded that the neighbor would not permit theniversity students to park an additional 30 to 40 spaces from 5:30 p.m. to :30 p.m. (after hours) for one night only (Tuesday) on their property. The eighbor has threatened to tow vehicles that do not belong to their 1building. Additionally, the University's staff works staggered hours in order t provide 30 additional spaces. Ms. Moya indicated to VC/Istik that the University of Phoenix did nc�t offer to pay the neighbor for parking. Ms. Moya responded to C/Morris that she was not involvec in the negotiations and does not know if the University offered to provide hold harmless insurance. ChairNirginkar again suggested that the University offer their nil, ighbors compensation and insurance coverage in exchange for the pa king as previously recommended by C/Kung. C/Kung reiterated his recommendations for compensation, insurance, and payment for lighting and security to the university's neighbors. 1 C/Leonard pointed out that the City accommodates churches by providing on -street overflow parking in certain instances on a limited basis. S e does not believe that allowing parking on one side of the street for one weekday evening would impede traffic. In addition, she believed thaton-street parking might provide safer access for students. C/Kung said that while he would like to accommodate the University of Phoenix's request, he does not want to break the City's trac ition of disallowing on -street parking. However, the Commission's decision is not final and the University can appeal this matter to the City Council. C/Morris said he understands C/Leonard's point. However, the Cit would be setting precedent by allowing for-profit use of the street for arking. Street parking for churches is non-profit use. C/Kung reiterated his point that the University needs only to invest money in this situation in order to resolve the matter. JANUARY 10, 2002 FBI PAGE 7 T&T VC/Istik moved, C/Kung seconded, to deny the request from the qniversity of Phoenix for on -street parking and requested staff to send written response to the University of Phoenix as recommended. Motion cried by the following Roll Call vote: AYES: COMMISSIONERS: Kung, Morris, VC/Istik, ChairNirginkar NOES: COMMISSIONERS: Leonard ABSENT: COMMISSIONERS: None Consideration of "Do Not Block Intersection" Sign on Grand A enue at Cahill Place. AA/Gomez presented staff's report. Staff recommends that the Traffic and Transportation Commission receive public comments and discuss the feasibility of installing a "Do Not Block Intersection" sign on westbound Grand Avenue at Cahill Place. John Chen, 1171 Chisolm Trail Drive, said that it is very difficult to make a left-hand turn from his street onto Diamond Bar Boulevard toward Chino Hills. He was very excited to receive the letter from city hall regar ing this matter because this is what he wants. He asked people in his neigh Dorhood how they felt about this matter and discovered some of them iad not received the notice. He does not understand why his area doesof have such signage. He suggested that in the future, city hall should sen a letter to every house and ask for a response so that people who are u able to attend the Commission meeting have a voice. Wayne Kuo, 1187 Chisolm Trail Drive, told the Commission t t every morning when he tries to take his children to school, there is a traffi jam in the area and it is very difficult for him to get out of his street. He showed the Commissioners a photograph of the traffic congestion. He would like for the City to consider installing a traffic light with a sensor. Simon Wong, 1168 Chisolm Trail Drive, said that when Grandvenue opened it created a problem for people who live in the Stonegate co munity trying to get out of their street onto Grand Avenue. In order to ge out of their tract, it is often necessary to exit onto Diamond Bar Boulevard instead of Grand Avenue. He believed the best solution would be to install traffic signal with a sensor to help prevent traffic jams and protect drive s from traffic accidents. DPW/Liu responded to a prior speaker that notice of this matter was Isent to residents within a 500 -foot radius of the intersection, approximaely 20 homes. JANUARY 10, 2002 PAGE S T&T C/Kung thought a better solution might be to place a "no left tura" sign at Cahill Place for improved safety. The Commission concurred to request staff to prepare a reort and recommendation for the Commission's consideration. VIII. STATUS OF PREVIOUS ACTION ITEMS: DPW/Liu updated the Co mission on the following items: At its November 20 study session, the City Council discussed residential street name sign designs and approved modification for the Diamond Ride (Dial -a -Ride) program as recommended by the Commissio At its December 4 meeting, City Council approved the Commission's recommen ation to install one-hour commercial vehicle parking (8:00 a.m, to 4:00 p.m.) on the easterly side of Lemon Avenue as well as, the Sheriff's Department safety progr m. On Tuesday, January 8 Study Session, Council considered a parking a street sweeping services resolution. IX. ITEMS FROM COMMISSIONERS: C/Morris asked staff to provide info mation to the Commission regarding the assignment of numbers to residences iniamond Bar. `1i C/Kung said he would like to change the last number of his address from 6 oto 8. C/Leonard asked for an update on the regional bypass issue for Commission meeting. X. ITEMS FROM STAFF: A. Traffic Enforcement Update. 1. Citations: September, October and November 2001. 2. Collisions: September, October and November 2001. 3. Radar Trailer Development 4. Radar Trailer Future Development next Deputy Dodd reported that the Sheriff's Department conducted crosswalk Ongs in front of Lorbeer Middle School on Tuesday a.m. and p.m. Thirty-five citatiollis were issued for 39 different violations. Another sting is slated for January 22. Chair/Virginkar asked Deputy Dodd to be forthcoming with such information during public comments, as appropriate. XI. INFORMATIONAL ITEMS: A. Portable Speed Humps on Navajo Spring Road/Decorah Road JANUARY 10, 2002 PAGE 9 T&T Staff's report presented by AE/ilasin. One resident complained about a sign in front of his house. This pilot project has continued for 45 days of the 60 - day project. A more detailed report will be provided at the next Commission meeting. B. Diamond Ranch High School Traffic Circulation. AE/Phillips presented staff's report. The report was completed in 2001 with the following recommendations: 1) Installation of spe within driving lanes leading to the parking area; 2) signs indicati humps ahead and 15 m.p.h. limit; 3) circulation of traffic through th lot; and 4) platooning of students. From subsequent obsery appears that these implemented measures have been fairly e facilitating the flow of traffic through the parking lot. C. Monthly Traffic/Speed Trailer Schedule. Deputy Dodd reported that the traffic speed trailer is operational. D. Future Agenda Items as agendized. XII. SCHEDULE OF FUTURE CITY EVENTS — as agendized. ovember d humps ig speed parking ations, it ective in ADJOURNMENT: There being no further business to come before the Troffic and Transportation Commission, Chairman Virginkar adjourned the meeting at 10:08 P.m, Respectfully, David G. Liu, Secretary Attest; /s/ Arun Virginkar Chairman Arun Virginkar Agenda No. MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION FEBRUARY 26, 2002 CALL TO ORDER: 3 Chairman Nelson called the meeting to order at 7:05 p.m. in the South Coast Ai4 Quality Managernent/Government Center Auditorium, 21865 East Copley Drive, Diamond Bar, Calif ia. PLEDGE OF ALLEGIANCE: Commissioner Kuo led the pledge of allegiance. 1. ROLL CALL: Present: Chairman Nelson, Vice Chairman Joe Ruzicka, and Commissioner$ George Kuo, and Steve Tye. Con nissioner Dan Nolan was excused. Also Present: James DeStefano, Deputy City Manager, Ann Lungu, Associate lanner, Linda Smith, Development Services Assistant, and Stella arquez, Administrative Secretary. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: Debby O'Connor anked Commissioner George Kuo for his four years of service on the Planning Commission for e City of Diamond Bar. 3. APPROVAL OF AGENDA: As Presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of February 12, 2002. VC/Ruzicka moved, C/Tye seconded, to approve the Minutes of the Regular Mee February 12, 2002, as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kuo, Tye, VC/Ruzicka, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nolan 5. OLD BUSINESS: None 6. NEW BUSINESS: None of FEBRUARY 26, 2002 PAGE 2 PLANNING COMMISSION 7. PUBLIC HEARINGS: 7.1 Development Review No. 2001-22, (pursuant to Code Sections 22.48.020(A; request to remodel and add approximately 2,410 square feet (revised to 2,202) to an existi square feet single family residence with porch, balconies and three car garage. (Contini January 22, 2002) PROJECT ADDRESS: 480 Wayside Place (Lot 32, Tract 42585) Diamond Bar, CA 91765 PROPERTY OWNER: Steven and Debbie Mott 480 Wayside Place Diamond Bar, CA 91765 APPLICANT: Jerry Lutjens - Landmark Development 19953 Valley Boulevard Walnut, CA 91789 DS. -/Smith presented staff's report. Staff recommends that the Planning Commission Development Review No, 2001-22, Findings of Fact, and conditions of approval as liste the draft resolution. Chair/Nelson re -opened the public hearing. James Ables, Landmark Remodelers, thanked staff for allowing the applicant to redesign a product and appreciated the Commissions reconsideration. Chair/Nelson closed the public hearing. DSA/Sn*h responded to C/Tye that during remodel projects, staff often requires that the landscape be replaced. 1)) is a ig 2,265 ed from within VC/Ruzicka moved, C/Tye seconded, to approve Development Review No. 2001-22, Fin d�ngs of Fact, and conditions of approval as listed within the resolution. Motion carried by the fol owing Roll Call vote: AYES: COMMISSIONERS: Kuo, Tye, VC/Ruzicka, Chair/Nelson NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nolan FEBRUARY 26, 2002 PAGE 3 PLANNING COM TISSION S. STUDY SESSION: Discussion of Development Code Amendment (Computer Caf s). AssocP/Lungu presented staff's report. The public hearing will be rescheduled forMarch` 12, 2002. Paul Esteves, Gamers-X, 926 N. Diamond Bar Boulevard, thanked staff for their inter st in this matter. He acknowledged negative issues within the industry and supported Stan rds and regulations for the PC Cafe/gaming industry. He believed the proposed ratio of staff to c tomer is unfair. At $2.00 per hour for computer use, receipts are inadequate to pay for additional staff and to generate revenue. He felt that properly placed security surveillance equipment systes would insure adequate monitoring. He requested that the hours of operation be amended to 12:0 noon to 12:00 midnight weekdays and 12:00 noon to 2:00 a.m. weekend evenings. He also took a ception to the two -bathroom requirement. He apologized for setting up his business prior to o taining Conditional Use Permit approval. Sci Jong Oh, Market Workplace, said this business originated in Korea that currently rovides 23,000 such businesses. Games are necessary to attract the students. Most young people stay for one to two hours to use the PC's and then go home to do their homework. VC/Ruzicka admires the imagination and creativity of people who wish to open new busin sses in Diamond Bar. He asked if staff invited comments from the Sheriff's Department on this atter. He suggested that during a future public hearing that a Sheriff's Department representive be invited to speak about these types of businesses. DCM/DeStefano responded that staff sought input from Lieutenant Mike Walker fr¢m the Diamond Bar/Walnut Sheriff's Station whose comments are included in tonight's report. l VC/Ruzicka believed that if potential problems are addressed in the beginning there shout be no problem with this type of business. However, he was concerned about the expense of havin local law enforcement respond to problems associated with this type of business. C/Tye asked if staff has received complaints from adjacent businesses about noise. DCM/DeStefano said he is aware of a complaint from a beauty salon about Gamers-X. The was a time when noise affected the salon and the problem was mitigated by the use of headsets. CJTye, commented on the fact that a tenant improvement permit was issued under the pret xt of computer retail sales, asked if any computer retail sales are taking place within these facilitie . He also asked for advice regarding LA County's requirement for a business license. DCM/DeStefano said that staff is not aware of any retail sale of computer hardware. How there is some retail sales of computer games and accessory software. DCM/DeStefano spoke FEBRUARY 26, 2002 PAGE 4 PLANNING COMMISSION the department director for business licensing with LA County. In order to require a business license for this type of business, a local ordinance needs to specifically create the requirement. As a result, the county will provide licensing services. C/Kuo was concerned with parking, security and noise issues. He felt that the parking spaces should directly relate to the number of computer stations. DCM/DeStefano stated that based upon survey of other cities, staff found that the ratio of one parking space per 35 feet of business space seemed to be the norm. These uses will require a conditional use permit that gives staff the opportunity to review each business on a case by case basis. C/Kuo was also concerned about the requirement for people under the age o€18 to be accompanied by an adult. Chair/Nelson said he shares VC/Ruzicka's concern about the Sheriff's Department having to spend time enforcing problems associated with feral adults on Saturday night when they should be out patrolling the community. The cost of security would therefore be the responsibility of the business owner. DCM/DeStefano pointed out that conditional use permit reviews contain clauses to insure the modification of conditions to meet changing uses or conditions of the facility. Such clauses can contain language to address an appropriate number of calls for service from the Sheriff's Department. DCMIDeStefano reiterated that the public hearing for this matter is slated for March 12, 2002. On that date, the Commission will be asked to make its decision regarding the ordinance. C/Tye asked that staff provide information regarding the shortfall in revenue percentage anticipated from closing these businesses earlier than requested by Mr. Estevez. 9. PLANNING COMMISSION COMMENTS: None Offered. 10. RECOGNITION OF OUTGOING COMMISSIONER GEORGE KUO. DCMIDeStefano thanked outgoing Commissioner Kuo for his four years of service to the Planning Commission. He reminded C/Kuo about the many significant policy decisions that the Commission made during his tenure. Staff especially appreciated his thoughtful examination of the staff reports prior to meetings and his participation in the decisions that helped the community. Commission Kuo will be missed. FEBRUARY 26, 2002 PAGE 5 PLANNING COMMfSSION Chair/Nelson stated that on behalf of the Commissioners, they too appreciated Corm i Kuo's critical attention to detail and contributions to sound policy decisions. ` Commissioner Kuo's daughter Emily presented him with a plaque. 11. INFORMATIONAL ITEMS: Reports provided by DCM/DeStefano on the 11.1 Code Enforcement Enhancement. 11.2 Negative Declaration for Community/Senior Center. 11.3.a. - City Council Appointments: Planning Commission, Parks and Commission, Traffic and Transportation Commission, Diamond Bar Foundation, and Wildlife Corridor Conservation Authority (WCCA). 11.3.b. Reorganization of Planning Commission -- March 12, 2002. 11.4 Public Hearing dates for Future Projects 12. SCHEDULE OF FUTURE EVENTS: As scheduled. ADJOURNMENT: There being no further business to come before the Planning Commission, Chairman Nelson meeting at 8:23 p.m. Respectfully Sub 'tted, JarYes DeStefano Deputy City Manager Attest: i j, airman Steve Nelson Mems: ion the 4. CITY COUNCIL� TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager ` TITLE: Treasurer's Statement — February 288, 2002 RECOMMENDATION: Approve the February 2002, Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Agenda # • 5 Meeting Date: Ap z l 2, 2002 AGENDA Per City policy, the Finance Department presents the monthly Treasurer's St the City Council's review and approval. This statement shows the cash balan various funds, with a breakdown of bank account balances, investment acco balances and the effective yield earned from investments. PREPARED BY: Gina M. Tharani, Sr. Accountant REVIEWED BY: Departure t Head Attachments: Treasurer's Statement / /fi_ ` Deputy CKy Manager RT �ment for s for the CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT February 28, 2002 BEGINNING- TRANSFERS E DING BALANCE RECEIPTS DISBURSEMENTS IN (OUT) B LANCE GENERAL FUND $19,107,437.91 $1,056,043.53 $433,267,15 $19730,214.29 LIBRARY SERVICES FUND 87,857.57 500.00 428.59 87,428,98 COMMUNITY ORG SUPPORT FD 8,590.74 LOCAL AGENCY INVESTMENT FD 4,500,00 4,090,74 GAS TAX FUND 422,051.88 422,051.88 TRANSIT TX (PROP A) FD 1,051,198.08 156,887.56 18,407.10 1 189,678.54 TRANSIT TX (PROP C) FD 1,474,444,10 96,649,30 1 571,093.40 INTEGRATED WASTE MGT FD 363,631,19 45,86715 5,235.64 404,263,30 AB2928-TR CONGESTION RELIEF FD 153,939.88 153,939.88 AIR QUALITY IMPRVMNT FD 228,881.85 1,629.21 227,252.64 TRAILS/ BIKEWAY(SB821) FD (37,118.00) (37,118.00) PARK & FACILITIES DEVEL. FD 2,382,910.18 2 382,910.38 COM DEV BLOCK GRANT FD (7,482.94) 8,208,10 (15,691.04) CITIZENS OPT -PUBLIC SAFETY FD 353,979.80 26.32 353,953,48 NARCOTICS ASSET SEIZURE FD 359,377.88 359,377.88 CA LAW ENFORCEMENT EQUIP PRGM 176,417.38 176,417.38 LANDSCAPE DIST #38 FD 628,706.83 13,353.76 6,352.39 635,70820 LANDSCAPE DIST #39 FD 219,628.37 10,262.25 2,620.19 227,270.43 LANDSCAPE DIST #41 FD 395,142.11 6,915,40 2,029.04 400,028.47 GRAND AV CONST FUND 139,130.78 139,130.78 CAP IMPROVEMENT PRJ FD 132,700.08 257,052.67 124,352.59) SELF INSURANCE FUND 1,053,698.98 1 053,698.98 EQUIPMENT REPLACEMENT FUND 106,414.99 106,414.99 COMPUTER REPLACEMENT FUND 18,636.52 18,636.52 TOTALS $28,782,903.12 $1,385,979.55 $739,756.40 $0.00 $2 ,429,126.27 SUMMARY OF CASH* DEMAND DEPOSITS: GENERALACCOUNT $249,147.33 PAYROLL ACCOUNT 90,836.72 CHANGE FUND 250.00 PETTY CASH ACCOUNT 500.00 TOTAL DEMAND DEPOSITS $340,734,05 INVESTMENTS: US TREASURY Money Market Acct. $1,095,498,01 LOCAL AGENCY INVESTMENT FD 27,992,894.21 TOTAL INVESTMENTS $29,088,392.22 TOTAL CASH Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. All funds are available fo withalrawal within 24 hours, Investment in the Local Agency Investment Fund is allowed under the City's formalladopted investment policy. As a secondary investment option, the City continues to maintain the US Treasury Sweep Account with Wells Far o. Any excess funds are "swept" on a daily basis from the City's bank accounts and are invested overnight into an invemen pool of US Treasury Notes. Interest is credited to the City's bank account on a monthly basis LA.I.F - Effective Yield for February 2002 2,967% Money Market -Effective Yield for February 2002 1.331% 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 est' ted expen ' ures. If / C111 Linda C. Lowry, Treasurer Agenda # _ Meeting Date: CITY COUNCIL AGENDA RE �6R}^olt%S��i TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager 4)L(�� TITLE: DEVELOPMENT CODE AMENDMENT NO. 2001-04 Pertaining to Allowed Uses of Property. RECOMMENDATION: It is recommended that the second reading occur by title only for Ordinance No. 05 (2002). FINANCIAL IMPACT: NIA BACKGROUNDMISCUSSION: W. RT emporary Ordinance No. 05 (2002) provides for amendments to the City's Development Code allowed temporary uses. A public hearing on the City initiated amendment was conclude 19, 2002. First reading of the Ordinance occurred at the March 19, 2002 City Counc Upon approval of second reading, the referenced amendment will be effective May 2, 2002 PREPARED BY: &4-011- Z; '41 A n J. LungX, As ciate nner Attachment: Ordinance No. 05 (2002) I n of related to on March I meeting. r z ORDINANCE NO. 5 (2002) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING DEVELOPMENT CODE AMENDMENT NO. 2001- 04 AND AMENDING THE DIAMOND BAR MUNICIPAL CODE A. RECITALS. On July 25, 1995, the City of Diamond Bar adopted its General Plan. he General Plan establishes goals, objectives and strategies to implement the community's vision for its future. 2. On November 3, 1998, the City of Diamond Bar adopted a Developme t Code. Title 22 of the Diamond Bar Municipal Code contains the Devel pment Code now currently applicable to the development applications within t e City of Diamond Bar. 3. Administering the Development Code for over three years demonstra ed that certain clarifications and modifications are needed based on tht City's experience. The City of Diamond Bar has determined that the following existing standards within the Development Code require clarification and/or mod fication: Article IV, Section 22.50.030, Allowed Temporary Uses 4. The Planning Commission of the City of Diamond Bar on February 12, 2002 conducted duly noticed public hearing regarding Development Code Am ndment No. 2001-04. The Planning Commission concluded the public he ring on February 12, 2002 and recommended approval of said amendment to the City Council. 5. Notification of the public hearing for consideration of Developme t Code Amendment No. 2001-04 was provided in the San Gabriel Valle Tribune and Inland Valley Daily Bulletin newspapers on March 7, 2002. Pursuant to Planning and Zoning Law Government Code Section 65091 (a)(3), if the n tuber of property owners to whom a public hearing notice would be mailed is gre ter than 1,000, a local agency may provide notice by placing a display adverts ment of at least one -eight page in at least one newspaper of general circulation. The City placed a one -eight page display advertisement in the above entioned newspapers of general circulation. Furthermore, public notices were osted in nine public places (City Hall/South Coast Air Quality Managemen District, Diamond Bar Library, Country Hills Town Center Community Board, ons/Sav- On Community Board, Ralph's shopping center - Diamond Bar Bouleva d, 21070 Golden Springs Drive - JoAnne Fabrics, 990 Diamond Bar Boulevard — ak Tree Shopping Center, 1235 Diamond Bar Boulevard - Albertson's and Herit ge Park) on March 6, 2002. 1 6. On March 19, 2002, the City Council of the City of Diamond Bar conducted a duly noticed public hearing regarding the Development Code Amend ent. At that time, the City Council concluded the public hearing. 7. Following due consideration of public testimony, staff analysis and th Planning Commission's recommendation, the City Council finds that t E Development Code Amendment set forth herein are consistent with t e General Plan. 8. The City Council hereby finds that there is no substantial evidence that the Development Code Amendment will have a significant effect on the env" onment. Therefore, pursuant to the provisions of the California Environmental Q ality Act (CEQA), Section 15162 (a) of Article 11 of the California Code Of Re ulat"ons and guidelines promulgated thereunder, the City has determined that thi project is consistent with the previously adopted Negative Declaration No.97-0 for the City's Development Code. Therefore, further environmental revie is not required. 9. The City Council hereby specifically finds and determines that, having considered the record as a whole, including the finding set forth below there is no evidence before this City Council that the Development Code Amendment proposed herein will have the potential of an adverse effe t on the wildlife resources or the habitat upon which the wildlife depends. ased upon substantial evidence, this City Council hereby rebuts the presum tion of adverse effects contained in Section 753.5 (d) of Title 14 of the Califor is Code of Regulations. B. Ordinance. NOW, THEREFORE, the City Council of the City of Diamond Bar does ordain as follows: Introductory paragraph contained in Section 22.50.030 -Allow Temporary qses of Article IV, Title 22 of the Diamond Bar Municipal Code is hereby amended to read as follows: A use or activity that would require a Conditional Use Permit underhis Title if established as a permanent use is not eligible for a Tempora Use Permit and is not permitted as a temporary use under this Chapter. The following temporary uses may be allowed subject to issuance of a Temporary Use Permit by the Director 2. Subparagraph C, contained in Section 22.50. 030, Allow Temporary Uses Article IV, Title 22 of the Diamond Bar Municipal Code is hereby amended read as follows: Events. Arts and crafts exhibits, carnivals, concerts, fairs, farmer's markets, festivals, food events, sidewalk sales, outdoor entertainment/sporting events and rodeos for a maximum of 10 consecutive days, or six weekends, within a 12 -month period. 2 3. Subparagraph F. contained in Section 22.50. 030, Allow Temporary Uses Article IV, Title 22 of the Diamond Bar Municipal Code is hereby amended read as follows: Outside displays/sales. The temporary outdoor display/sales ofew merchandise (except as provided below) by an adjoining business r in connection with an event permitted by paragraph C of this Section, fn compliance with Section 22.42.080 (Outdoor Display and Sales). e display and/or sale of used merchandise or goods is prohibited exc pt for a business located in the City that as part of the ordinary business operation sells used merchandise or goods. PASSED, APPROVED AND ADOPTED THIS 19TH DAY OF MARCH BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR. BY: MAYOR I, Lynda Burgess, City Clerk of the City of Diamond Bar do hereby certify that the foreg ing Ordinance was introduced at a regular meeting of the City Council of the City of Diam nd Bar held on the day of , 2002 and was finally passed at a regular eeting of the City Council of the City of Diamond Bar held on the day of 2002, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Lynda Burgess, City Clerk City of Diamond Bar CITY COUNCIL TO: Honorable Mayor and Members of the City Council Agenda # Meeting Date.- CITY ate: AGENDA REPORT VIA: Linda C. Lowry, City Manager yvA� TITLE: Amendment No. 3 to a Professional Services Agreement with LDM Ass amount of $15,000.00 for As -Needed planning services. RECOMMENDATION: It is recommended that the City Council approve the amendment. BACKGROUND: in the On November 2, 2000, the City of Diamond Bar entered into a Professional Services Agr ement with LDM in the amount of $15,000.00 to provide professional planning services to the City on an "as - needed" basis. LDM is assigned projects by City staff to assist the City in its review of specific development proposals. Costs associated with LDM's services are funded primarily thro igh project processing fees paid by developers to the City. In February 2001 the City Council ailthorized a $15,000.00 increase in the contract amount. Approval from the City Council is required in order to continue the services provided by the consultant. It is recommended that the "as -needed" contract be modified by an additional $15,000.01 the continued use of the firm. Therefore, it is necessary for the City Council to au amendment to the contract to reflect a total contract compensation amount of $45,000.00. PREPARED BY: James DeStef no Deputy City Manager Attachment - Proposal for Services dated November 2, 2000 - Amendment No. 3 to permit iorize an 11/03/2000 11:51 909-4 75-6086 L D M A S S O C I A T E S Mr. James DeStefano, Acting City Manager City of Diamond Bar 21660 past Copley Drive, Suite 100 Diamond Bar, CA 91765 MDG ASSOCIATES Planning 9 Redeve/opmont PAGE 01 I Servicesr2, 20f10 SUBJECT: PROPOSAL. FOR PROVIDING PROFESSIONAL PLANNING SERVICES Dear Mr. DeStefano: Thank you for the opportunity to submit a proposal to provide professional planning services to tht Diamond Bar. It is our understanding that the City of Diamond Bar is in need of part -tune consulting for special projects and staff support. LDM Associates is interested in providing such sarvices. prepared to offer the resources of our firm far all activities that will assist you in realizing your i objectives. Mr. David Meyer, AICP Principal of the firm and Mr. Rudy Munoz, AICD, $caior A. are available to provide services at your direction. We will be available to provide on-site service through Thursday from 8:00 Am to 12:04 Noon. We will be available by telephone to contact cli individuals seeking service from the City. We also have sufficient support staff at our office to the and prepare reports as required. We will attempt to adjust our personal schedules to meet City need respect to special projects we will assign personnel to projects based on your need and the complexi project. We propose to offer services at the hourly rates set forth in the attached Compensation Rate Upon your request we will be pleased to provide you with a copy of our company Statement of Qual Resumes for Mr. Meyer and Mr- Munoz have been included. LDM Associates has a 13 year providing planning and special project services to municipalities. We are confident that we can i planning needs and we loop forward ro the opportunity to meer with your and discuss our abilities. 4Sinc r Meyer, AICP pal Attachments: Compensation Rates City of e are is and plans With of the y of your 9129 On:a A.anue. swla 120 aa..nu eoeamenga, Cay far+.a 91730 7419oAon4 :8081 416-64be • Fez :91191 470.6081 a 6m111 Cmss1043�1 eom 11/03/1-000 11:51 909-476-6086 MDG ASSOCIATES IPAGE ©? LDM Associates COMPENSATIQN RATE_ SCHEDULE Services shall be cbazged based on the following hourly rates: SCHEDULE OF FEES Principal (David D, Meyer, AICP): $ 75 * Senior .Associate (Rodolfa Munoz, AIM: $ 70 * Senior Planner $ 60 Planner $ 50 Senior CADD Operator $ 45 Drafter $ 35 Delivery/Clerical $ 25 * Hourly rates include all overhead costs. REIMBURSABLE MIMS: Project Supplies Cost pl s 10% Prints/Reproductions Cost AS 10% Cry of Dimnond Bar- Piet No, 2 11/03/2000 11.:51 909-476-6086 MDa 4SSOCIATES JPAGE 03 L D M A b S O C t A i r 6 EDUCATION: EXPERIENCE: AFFILIATIONS: David D. Meyeri AICP Master of Public Administration - 1979 California State University, Long Beach Bachelor of Science -1971 California State Polytechnic University at Pomona LDM Associates: Principal - Provide a wide range of planning and redevelopment consulting services t agencies and private developers to include: land use planning and analysis; eat processing; project negotiations; site acquisition; project design and pro commercial aad residential rehabilitation program implementation-, planning economic development studies; project management, zoning ordinance prej and contract staff assistance for planning and redevelopment activities. City of Ben: Community Development Director & RDA Executive Director public Directed Community Redevelopment Agency's acquisition and develop tnerupr grams. Supervised City's Building, planning, Engineering, Public Works an Code Enforcement activities. Major program responsibilities included ec nomic development, planning, building, public works, general plan preparation, design standards, zoning ordinance maintenance and Community Development Bloc Grant (CDBG) program. City of La Puente: Director of Planning and Community Development - Developed, coordinated and implemented the City's comprehensive pl building, zoning and developmentprograms. Supervised staff and consultants. program responsibilities included economic development, planning, h community development, Community Development Block Grant (CDBG) ag and administration, general plan and zoning ordinance preparation. City of Carlsbad: Planning Assistant - American planning Association (APA) REGISTRATION. American Institute of Certified Planners (AICD) ,11/03/2000 11:51 909-875-6686 MDG ASSOCIATES I PAGE 64 L D M A 5 S U C 1 A r f 9 .. .. _ EDUCATION: Bachelor of Architecture -1986 California State Polytechnic University, Pomona Rodoifo E. Senior A EXPERIENCE: LDM Associates - Senior ASmociate - Provide architectural and construction management services. Provide plannir, CDBG management services. Skilled in land use planning and analysis; € processing; residential and commercial rehabilitation program implementatioi studies; and contract staff assistance. City of Huntington Park: - Assistant Director of Community Development/Redevelopment Assisted the Director of Community Development in managing the o6 department including the CDBG program, Planning, Engineering, Redevelopment Divisions. Directly responsible for the day-to-day fi Planning Division including current and advanced Planning. City of Bell: City 11anner - Munoz 31, services, iJnder the direction of the Community Development Director, administered current and advanced planning activities, assisted in the development of a new Plan. Responsible for Subdivision, Zoning, Environmental and Design functions. City of NfontcL ir: Assistant planner - Assisted in the daily planning functions including California Environmental ( (CEQA) administration, Design Review, Subdivisions, Annexations, De proposals_ Processed Zone Changes, Variances, Conditional Use Permits Entitlements. Booth -Good Architects: Designer - Responsible for design development and preparation of construction various types of developments. REGISTRATION: American Institute of Architects (AIA) American Institute of Certified Planners (AICD) California Stare Contractors License No. 681042 planning of the g and of the e City's General Review Act other for AMENDMENT NO.3 TO THE CITY'S CONSULTING SERVICES AGREEMENT WITH LDM ASSOCIATES RELATED TO PLANNING CONSULTING SERVICES This Amendment to the City's Consulting Services Agreement is made and entered in o this 2nd day of April, 2002, between the CITY OF DIAMOND BAR, a Municipal Corp ation (hereinafter referred to as "CITY") and LDM ASSOCIATES (hereinafter referred to as "CONSULTANT".) A. Recitals: (i) The CITY has heretofore entered into an agreement, dated November 2, 2000 with CONSULTANT to provide planning consulting services (hereinafter referred to a the "AGREEMENT".) (ii) CONSULTANT will provide additional consulting services at a cost not to FIFTEEN THOUSAND DOLLARS ($15,000.00). (iii) It is in the City's best interest to extend the AGREEMENT rather than request bi for the services in order to ensure consistency and continuity of the services already being provide by CONSULTANT. NOW THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: Section 3 of the AGREEMENT. is hereby amended to read as follows: w13. Compensation. City agrees to compensate Consultant, and Consultant agree to accept in full satisfaction for the services provided for hereunder, fees on a time and mate a] basis at the rates set forth in the original Consulting Services Agreement, but in no eventto exceed FORTY FIVE THOUSAND DOLLARS ($45,000.00), which fees include all la r, materials, printing and other costs incurred in connection with the project." Section 2: Each party to this Amendment acknowledges that no representation by any party, which is not embodied herein, or any other agreement, statement, or promise not contained in t is Amendment shall be valid and binding. Any modification of this Amendment shall le effective only if it is in writing signed by the parties. Section 3: All other terms and conditions of the AGREEMENT shall remain in full force and effect IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 3 day and year first set forth above: APPROVED AS TO FORM: BY: City Attorney ATTEST: City Clerk, Lynda Burgess CONSULTANT: David D. Meyer, AICP Principal LDM Associates 10722 Arrow Route, Suite 822 Rancho Cucamonga, CA 91730 David D. Meyer, AICD Principal CITY OF DIAMOND BAR Mayor, Wen Chang 2 of the Agenda # 16.8 Meeting Date: ril 2 2002 CITY COUNCIL,A,� ����� AGENDA RE ORT TO: Honorable Mayor and Members of Pe City Council VIA: Linda C. Lowry, City Managerj�{ TITLE: Ratification of Letters of Opposition to SB1506 (Amending the Revenue and Taxation Code) and Support for SB994 (Liability for Public Skateboard Parks) RECOMMENDATION: In order to provide timely responses to the enclosed legislation, the Legislative Subcommi ee authorized the Mayor to sign a letter of opposition to SB1506 and a letter of support for SB 94 and is requesting that Council receive and file both letters. FINANCIAL IMPACT: The direct and immediate impact of SB1506 is limited and unique to the County of Los Aneles. However, passage of this bill would set a negative precedent for other jurisdictions through ut California as it may expand in scope to allow the state to withhold revenue related to the Vehicle Licensing Fee (VLF) offset from other jurisdictions as well; such funds are given to all cities and counties in the state as an offset to the state mandated reductions to the Vehicle Licensing Fee (VLF). SB994 is an extension of current law related to skateboard park liability and does not financially impact the City. BACKGROUND/DISCUSSION: SB1506 The Myers -Milian -Brown Act requires the governing body of a local public agency to meet a d confer in good faith regarding wages, hours and other terms and conditions of employment with representatives of recognized employee organizations. In the event of an impasse with the local bargaining units, the Act has established procedures which attempt to resolve the matter. ue to the concern over the delivery of services by Los Angeles County in the event of a lengthy bargz ining impasse, SB1506 creates a special law unique to the County which attempts to resolve the impasse by withholding funds related to the VLF if an impasse exists for more than 30 days for over 0% of the County's bargaining units; the State currently provides cities and counties with funding i i order to offset a loss of revenue connected to the state -mandated reductions to the VLF. After the Board of Supervisors has ratified and implemented collective bargaining agreements with more tha 1 50% of the County's recognized employee organizations, the VLF reimbursement which was withheld during the period of the impasse will be returned to the County. Although SB1506 specifically applies to the County of Los Angeles, such intrusions by the state into local matters is of great concern to the City. The principal of the bill may expand in the future and potentially allow the State to withhold VLF offset -related funding to other cities and counties for any reason it deems appropriate. SB994 Existing law has determined that skateboarding is a hazardous recreational activity if 1) th skateboarding is 14 years of age or older, 2) the skateboarding activity is stunt, trick or lug skateboarding and 3) the skateboard park is on public property. Furthermore, state law r( operators of skateboard parks to prohibit a person who is not equipped with a helmet, elbc and knee pads from riding a skateboard in such parks. If the park is properly noticed, the[ protects public skateboard parks from liability or injuries sustained by persons who engag( skateboarding that are 14 years of age or older. However, the law is to "sunset" on Janua and would therefore weaken the City's protection from injury claims at its skate park. S139 the provisions of the law for an additional five years (until January 1, 2008). Attachments: Letter of opposition to SB1506 Letter of support for SB994 Legislative digests for SB1506 and SB94 Prepared by. Todd Strojny, Senior Administrative Assistant person juires v pads state law in 1, 2003 4 extends March 27, 2002 Senator Tom Torlakson, Chair Senate Committee on Local Government State Capitol, Room 2068 Sacramento, CA 95814 RE: SB 1506 (Romero). Retention of Vehicle License Fee Offset Payments. Hearing: Local Government Committee; Wednesday, April; 3, 2002 NOTICE OF OPPOSITION Dear Senator Torlakson: The City of Diamond Bar opposes Senate Bill 1506 as introduced on February 19, 2002. We understand that the bill would require the state to withhold Los Angeles County's vehicle license fee (VLF) if the County is at an impasse with their bargaining units for 30 days. The money would only be restored when County officials agreed to settle the disputes. Although the state has reduced the amount of vehicle license fees that vehicle owners pay, the state has ensured that counties and cities would continue to receive the same amount of revenues as under prior law, with the reduced VLF amounts replaced by state General Fund revenues. Cities camiot support the state withholding these funds due to unrelated matters pertaining to issues of local concern. Cities are already struggling to balance budgets impacted both by increased homeland defense costs and a weakened economy. The VLF backfill represents $1 billion in revenues for cities — funds that cities use to pay for police and fire, emergency response and other essential services. For California's cities and counties, the total VLF for fiscal year 2001-02 is valued at more than $5.4 billion. On average, VLF represents nearly 1/4 of county discretionary revenues, and 10 to 33 percent of a city's discretionary revenues. Holding this money hostage would put further strains on our ability to provide essential services to the citizens of our City. The City of Diamond Bar respectfully urges you to consider our concerns and opposition to Senate Bill 1506. If you have any questions, please do not hesitate to contact me at (909)396-5666. Sincerely, Wen Chang Mayor cc: City Council Ms. Linda Lowry, City Manager Members of the Senate Local Government Committee Senator Gloria Romero March 27, 2002 Assemblymember Ellen Corbett, Chair Assembly Judiciary Committee State Capitol, Room 104 Sacramento, CA 95814 RE: SB 994 (Morrow). Liability: Public Skateboard Parks. Hearing: Assembly Committee on the Judiciary; no hearing date set NOTICE OF SUPPORT Dear Assemblymember Corbett: The City of Diamond Bar supports SB994, which would extend the expiration date of existing state law provisions that shield local agencies from liability for public skateboard park injuries. SB994 provides cities such as ours with better protection against tort claims than we would otherwise have. The law provides that skateboarding at a public skateboard park is a hazardous recreational activity when the person skateboarding is 14 years of age or older, the skateboarding activity is stunt, trick, or luge skateboarding, and the skateboard park is on public property. The added legal protection is only available when we conform to certain conditions such as requiring protective gear. We can see no advantage to the community in allowing these provisions to sunset. We urge you to vote yes on SB994 to support local agencies that provide a place for citizens to engage in this popular recreational activity. If you have any questions, please do not hesitate to contact me at (909)396-5666. Sincerely, Wen Chang Mayor cc: City Council Ms. Linda Lowry, City Manager Members of the Senate Comm Senator Bill Morrow Assemblymember Hannah -B Senator Jack O'Connell Yvonne Hunter, League of C SB 1506 Senate Bill - INTRODUCED SILL NUMBER: SB 1506 INTRODUCED BILL TEXT INTRODUCED BY Senator Romero FEBRUARY 19, 2002 An act to amend Section 3505.4 of the Government Code, and to add Section 11000.1 to the Revenue and Taxation Code, relating to public employment. LEGISLATIVE COUNSEL'S DIGEST SB 1506, as introduced, Romero. Meyers-Milias-Brown Act: agency shop agreements: impasse: retention of vehicle license fee offset payments. The Meyers-Milias-Brown Act requires the governing body of a local public agency to meet and confer in good faith regarding wages, hours, and other terms and conditions of employment with representatives of recognized employee organizations. The act establishes procedures to be followed if an impasse has been reached after meeting and conferring in good faith and impasse procedures, The Vehicle License Fee (VLF) Law establishes, in lieu of any ad valorem property tax upon vehicles, an annual license fee for any vehicle subject to registration in this state in the amount of 2�w of the market value of that vehicle, as specified. The VLF Law offsets this amount by 67.5W for vehicle license fees with a final due date on or after July 1, 2001, and provides for transfers of General Fund moneys to reimburse local governments for revenue losses resulting from the vehicle license fee offset. This bill would, in the event that more than 50* of the recognized employee organizations of Los Angeles County have been at a bargaining impasse for a period in excess 30 days, require the VLF offset reimbursements for that county to be withheld until the board of supervisors of that county has ratified and implemented collective bargaining agreements with more than 50% of that county's recognized employee organizations. This bill would make a finding that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the County of Los Angeles. Vote: majority. Appropriation: no. Fiscal committee: yes. State -mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. (a) The Legislature finds and declares, especially in times of limited resources, that a peaceful and prompt adoption of bargaining agreements between public agencies and their employees is important to ensure effective delivery of services necessary to maintain and serve public health and safety. fb) Therefore it is the intent of the Legislature that any appropriation of state moneys otherwise payable to a county of the first class, as reimbursement for revenue reductions associated with 1 of 3 http://info.sen.ca.gov/publbill/senlsb_1501-1550/sb_1506_bill_20020219_introduced.html 3/�8/02 SB 1506 Senate Bill - INTRODUCED vehicle license fee offsets, be withheld if more than one-half of that county's total recognized employee organizations, after meeting and conferring in good faith with that county, have been at an impasse with that county for a period in excess 30 days. (c) It is the further intent of the Legislature that reimbursements for revenue reductions associated with vehicle license fee offsets, that are withheld under this act, be released for distribution 30 days after the board of supervisors of that county has ratified and implemented collective bargaining agreements with more than one-half of that county's total recognized employee organizations. SEC. 2. Section 3505.4 of the Government Code is amended to read: 3505.4. (a) If after meeting and conferring in good faith, an impasse has been reached between the public agency and the recognized employee organization, and impasse procedures, where applicable, have been exhausted, a public agency that is not required to proceed to interest arbitration may implement its last, best, and final offer, but shall not implement a memorandum of understanding. The unilateral implementation of a public agency's last, best, and final offer shall not deprive a recognized employee organization of the right each year to meet and confer on matters within the scope of representation, whether or not those matters are included in the unilateral implementation, prior to the adoption by the public agency of its annual budget, or as otherwise required by law. (b) if more than one-half of the total recognized employee organizations within a county of the first class have been at an impasse, as described in subdivision (a), for a period in excess 30 days, any payments required to be made to that county in accordance with Section 11000 of the Revenue and Taxation Code shall be withheld until the conditions set forth in subdivision (c) have been satisfied. (c) Any payments required to be made under Section 11000 of Revenue and Taxation code withheld in accordance with subdivision (b) shall not be released for distribution to that county until 30 days after the board of supervisors of that county has ratified and implemented collective bargaining- agreements with more than one-half of that county's total recognized employee organizations. (d) For purposes of making the computations set forth in subdivisions (b) and (c), the "total recognized employee organizations" means the number of recognized employee organizations in existence in the county as of January 1 of the affected calendar year. SEC. 3. Section 11000.1 is added to the Revenue and Taxation Code, to read: 11000.1. (a) Notwithstanding Section 11000, any amounts to be transferred to a county of the first class, as required by subdivision (a) of Section 11000, are subject to being withheld and released pursuant to Section 3505.4 of the Government Code. SEC. 4. The Legislature finds and declares that a special law is necessary and that a general law cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution because of the unique circumstances of the County of Los Angeles. The facts constituting the unique circumstances are: The County of Los Angeles, with its population of 9.8 million and its 88 cities, all of which in varying degrees contract with the County of Los Angeles for the provision of public services, exhibits an unmatched complexity of local government relationships within California. This law would serve as an incentive to expedite the adoption of 2 of http://info.sen.ca.gov/pub/bill/sen/sb_ 1501-1550/sb_l 506_bill_20020219—introduced.html 3128/02 SB 1506 Senate Bill - INTRODUCED bargaining agreements to ensure the effective delivery of those services in the County of Los Angeles that are necessary to maintain and preserve public health and safety. http://info.sen.ca.gov/pub/bill/sen/sb_1501-1550/sb 1506_bill_20020219_introduced.html 3 of 3 SB 994 Senate Bill - AMENDED BILL NUMBER: SB 994 AMENDED BILL TEXT AMENDED IN SENATE JANUARY 23, 2002 INTRODUCED BY Senator Morrow FEBRUARY 23, 2001 An act to amend and repeal Section 115800 of the Health and Safety Code, relating to liability. LEGISLATIVE COUNSEL'S DIGEST SB 994, as amended, Morrow. Liability: public skateboard parks. Existing law, in effect until January I, 2003, provides that skateboarding at a public skateboard park that is constructed after January 1, 1998, is a hazardous recreational activity if the person skateboarding is 14 years of age or older, the skateboarding activity is stunt, trick, or luge skateboarding, and the skateboard park is on public property, as specified. That law, also in effect until January 1, 2003, requires local public agencies to maintain a record of all known or reported injuries incurred by skateboarders in a public skateboard park or facility, and other information regarding _.Wllk� these incidents, as specified, and requires that copies of those records be filed annually with the Judicial Council which is required to submit a report to the Legislature by March 31, 2000, on these incidents, including claims arising therefrom . This bill would extend, until January 1, 2008 , the operation of these provisions W-11 l ,l 4 j t. Re of Hi,a pairriep .,L-.• 1,.-.a—d;.. F,-.Qm 1 n t.. 7 J a .; , 1 ., 1-4 r. +- F , ., ; 1 ; �-.. C.kl .ObG.l.r�-0n pWal." Qjax-opsY'#y ar. t- @Qy ••1 riawad rs11ji7eiK}�}pi}-�aN loaGIGl.I-eaze m1— 1-.; 11 .1.a -1.+ A-1— and would require the Judicial Council to submit a report to the Legislature on or before March 31, 2007, on the incidents reported by local agencies By F extending the date for recordkeeping duties on local public agencies, the bill would create a state -mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement, including the creation of a State Mandates Claims Fund to pay the costs of mandates that do not exceed $1,000,000 statewide and other procedures for claims whose statewide costs exceed $1,000,000. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions. 1 of4 http:l/info.sen.ca.gov/pub/bill/senlsb_0951-1000/sb_994_bill_20020123_amended sen.html 3/p8/02 SB 994 Senate Bill - AMENDED Vote: majority. Appropriation: no. Fiscal committee: yes. State -mandated local program: yes. TATE PEOPLE OF THE STATE OF CALTFORNZA DO ENACT AS FOLLOWS: SECTION I. Section 115800 of the Health and Safety Code, as added by Section 1 of Chapter 573 of the Statutes of 1997, is amended to read: 115800. (a) No operator of a skateboard park shall permit any person to ride a skateboard therein, unless that person is wearing a helmet, elbow pads, and knee pads. (b) With respect to any facility, owned or operated by a local public agency, that is designed and maintained for the purpose of recreational skateboard use, and that is not supervised on a regular basis, the requirements of subdivision (a) may be satisfied by compliance with the following: (1) Adoption by the local public agency of an ordinance requiring any person riding a skateboard at the facility to wear a helmet, elbow pads, and knee pads. (2) The posting of signs at the facility affording reasonable notice that any person riding a skateboard in the facility must wear a helmet, elbow pads, and knee pads, and that any person failing to do so will be subject to citation under the ordinance required by paragraph (1). (c) "Local public agency" for purposes of this section includes, but is not limited to, a city, county, or city and county. (d) (1) Skateboarding at any facility or park owned or operated by a public entity as a public skateboard park, as provided in paragraph (3), shall be deemed a hazardous recreational activity within the meaning of Section 831.7 of the Government Code if all of the following conditions are met: (A) The person skateboarding is 14 years of age or older. (B) The skateboarding activity that caused the injury was stunt, trick, or luge skateboarding. (C) The skateboard park is on public property that complies with subdivision (a) or (b). (2) in addition to the provisions of subdivision (c) of Section 831.7 of the Government Code, nothing in this section is intended to limit the liability of a public entity with respect to any other duty imposed pursuant to existing law, including the duty to protect against dangerous conditions of public property pursuant to Chapter 2 (commencing with Section 830) of Part 2 of Division 3.6 of Title 1 of the Government Code. (3) For public skateboard parks that were constructed on or before January 1, 1998, this subdivision shall apply to hazardous recreational activity injuries incurred on or after January 1, 1998, and before January 1, 2001. For public skateboard parks that are constructed after January 1, 1998, this subdivision shall apply to hazardous recreational activity injuries incurred on or after January 1, 1998, and before January 1, 4^^� 2008 . For purposes of this subdivision, any skateboard facility that is a movable facility shall be deemed constructed on the first date it is initially made available for use at any location by the local public agency. (4) The appropriate local public agency shall maintain a record of all known or reported injuries incurred by a skateboarder in a 2 of 4 http://info.sen.ca.gov/pub/bill/senlsb_0951-1000/sb_994_bill 20020123_amended_scn.html /28/02 SB 994 Senate Bill - AMENDED public skateboard park or facility. The local public agency shall also maintain a record of all claims, paid and not paid, including any lawsuits and their results, arising from those incidents that were filed against the public agency. Beginning in 1999, copies of these records shall be filed annually, no later than January 30 each year, with the Judicial Council, which shall submit a report to the Legislature on or before March 31, 244^ 2007 , on the incidences of injuries incurred, claims asserted, and the results of any lawsuit filed, by persons injured while skateboarding in public skateboard parks or facilities. (5) This subdivision shall not apply on or after January 1, 2001, to public skateboard parks that were constructed on or before January 1, 1998, but shall continue to apply to public skateboard parks that are constructed after January 1, 1998. (e) This section shall remain in effect until January 1, Q.04a— 2008 , and as of that date is repealed, unless a later enacted statute, enacted before January 1, ,)n— 2008 , deletes or extends that date. SEC. 2. Section 115800 of the Health and Safety Code, as added by Section 2 of Chapter 573 of the Statutes of 1997, is amended to read: 115800. (a) No operator of a skateboard park shall permit any person to ride a skateboard therein, unless that person is wearing a helmet, elbow pads, and knee pads. (b) with respect to any facility, owned or operated by a local public agency, that is designed and maintained for the purpose of recreational skateboard use, and that is not supervised on a regular basis, the requirements of subdivision (a) may be satisfied by compliance with the following: (1) Adoption by the local public agency of an ordinance requiring any person riding a skateboard at the facility to wear a helmet, elbow pads, and knee pads. (2) The posting of signs at the facility affording reasonable notice that any person riding a skateboard in the facility must wear a helmet, elbow pads, and knee pads, and that any person failing to do so will be subject to citation under the ordinance required by paragraph (1). (c) "Local public agency" for purposes of this section includes, but is not limited to, a city, county, or city and county. (d) This section shall become operative on January 1, QQ4J-- 2008 ,aa a i .. ce,.*; , f Ja— ciiala 01-- o.��esr yadc, and Utaee iwaGiv it UM http://info.sen.ca-govlpublbilllsenlsb_0951-10001sb_994_bill_20020123_amended sen.htmI 13/28/02 I . SB 994 Senate Bill - AMENDED P4ge 4 of 4 SEC. 3. Notwithstanding Section 17610 of the Government Code, if the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code. If the statewide cost of the claim for reimbursement does not exceed one million dollars ($1,000,000), reimbursement shall be made from the State Mandates Claims Fund. http://info.sen.ca.gov/pub/bill/sen/sb-095 I A 000/sb_994_bi11_20020123_amended_sen.html 3/28/02 CITY COUNCIL Agenda # 9 Meeting Date: AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manage,a_i.d)- TITLE: Resolution of the City Council of the City of Diamond Bar amending Resoluti n No. 2001-43 setting forth personnel rules and regulations. RECOMMENDATION It is recommended that the City Council adopt Resolution No. 2002 -XX and approve the recommended job reclassifications. FINANCIAL IMPACT No additional funding is needed for the adoption of Resolution No. 2002 -XX and the recom ender reclassifications: Assistant Engineer to management status (from exempt to non-exempt) a d one Communications and Marketing Coordinator position to Public Information Manager. Assistant Engineer This change in status of Assistant Engineer will result in management benefits that include 6 hours of annual Administrative Leave and an additional $30 to the monthly cafeteria allotment for his position. The annual cost for the above-mentioned benefits is $760. These costs will be o et by the overtime costs that are budgeted for this position. Public Information Manager The current monthly compensation (salary and benefits) for the Communications and Marke ing Coordinator position is $6,330. A 5% salary increase is appropriate for the reclassification o one Coordinator to the position of Public information Manager at Range 2200, Step D which am unts to an annual increase of $2,932 (salary and benefits). The impact for the current fiscal year is $1,099.50 (salary and benefits). The salary increase will be offset from the salary savings of approximately $90,720 per year salary and benefits) less approximately $9,000 that has been redirected towards the City's Jews r. The salary savings is a result of a prior reorganization and elimination of the Communications an Marketing Director position. Staff will incorporate into future fiscal year budgets the annual cost for the reclassification of&sistant Engineer to management status and the reclassification of one Communications and Marke Coordinator position to Public Information Manager. Staff Report - Resolution 2002 -XX (Amending Resolution No. 2001-43) Page 2 BACKGROUND There are two recommended changes that require amendments to Resolution No. 2001- 3: the addition of Assistant Engineer to the authorized list of management positions and a reclas ification of one Communications and Marketing Coordinator position to Public Information Manager. Assistant Engineer In July 2000, the position of Engineering Technician was reclassified to Assistant Enginee at Range 1635. Positions at this range meet the requirements of exempt status, which for the purpo a of the City's Personnel System are defined as management employees. However, the Assistant Engineer position was not added to Section 33B defining management positions. As a result, the p sition has been treated as a non-exempt position, which is entitled to overtime pay. Management employees receive 16 hours of administrative leave per year and an addition 1 cafeteria benefit of $30 per month. Resolution No. 2002 -XX amends Resolution No. 200143, Secti n 33B adding Assistant Engineer. to the list defining management employees and upon adoption ill result in management benefits for this position. Public Information Manager inator, In August 2001, the City initiated a reorganization process in the interest of conducting the ity's business in a more efficient, effective and economical manner. The reorganization resulte in the elimination of the Communications and Marketing Director position. The duties of the positi n were distributed between the two Communications and Marketing Coordinators. In addition, the Coordinators were assigned additional duties and responsibilities including those associate with the creation of the monthly City Newsletter, management of the long-term e -government plan, pgrades to and implementation of the City's web site and administration of Channel 17 (DBTV17). As a result of the resignation in February 2002 of one Communications and Marketing Coor, inator, the majority of the duties in the Division became the responsibility of the remaining Coordin tor. Although the position has been filled, one Coordinator has assumed additional responsibiliti s beyond the current scope of duties for that position warranting a reclassification. Through a. survey f cities, it has been determined that the appropriate title is Public Information Manager %fob descriptio attached). Resolution 2001-43, Section 33B is amended to add this position to the author iz d list of management positions and Salary Schedule A is amended to add this position at Range 22 0. Resolution No. 2002 -XX amending Resolution No. 2001-43 and the recommended changes ecome effective upon adoption. Additions are noted in highlighted text and deletions noted in strike rough text. PREPARED BY: Teresa Arevalo, Senior Administrative Assistant Attachments: Resolution No. 2002 -XX Salary Schedules A and B Public Information Manager Job Description RESOLUTION NO. 2002- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AME IDNG RESOLUTION NO. 2001-43, SETTING FORTH PERSONNEL RULES AND REG UL TIONS REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACATIONS, LEAV S OF ABSENCES, AND OTHER REGULATIONS; THE CITY COUNCIL OF THE CITY OF DIAMOND BAR HEREBY ORDERS, AND DETERMINES AS FOLLOWS: Section 9: Section 2 of Resolution No. 2001-43 is amended to read as follows: SECTION 2. SALARY SCHEDULE Pursuant to Ordinance 21 (1989), the Diamond Bar City Counc establishes the salaries and the various full-time positions of the City of Bar. As of the pay period commencing on April 6, 2002, the compensati various classes of positions shall be as shown on Schedule A and B (atta( Section 2: Section 33B of Resolution No. 2001-43 is amended to read as foll SECTION 33. ADMINISTRATIVE LEAVE B. For purposes of the City's Personnel System, Management Empl defined as all employees who occupy positions in the be classifications. Administrative Assistant Assistant to the City Manager Associate Engineer Associate Planner City Clerk Gnrrmrv.URinatiens anti MaFketinn Q1FeGteF Communications and Marketing Coordinator Community Services Assistant Community Service Director Deputy City Manager Development Services Assistant Finance Director Public Works Director Public Works Supervisor Recreation Superintendent Secretary to the City Manager/Office Manager Senior Administrative Assistant Senior Accountant Superintendent of Parks & Maintenance VES, hereby amond of the Bd). s are listed PASSED, ADOPTED AND APPROVED this day of , 2002. MAYOR 1, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify th t the foregoing Resolution was passed, adopted and approved at a regular meeting o the City Council of the City of Diamond Bar held on the day of , 2002, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: CITY CLERK OF THE CITY OF DIAMOND BAR RANGE JOB TP1LE $34 Receptionist 967 Jr. Clerk Typist 1037 Clerk Typist Records Coordinator Transportation Clerk 1141 Account Clerk 77 Community Services Coordinator Secretary 1203 Parks Maintenance Worker 77 1257 Administrative Secretary Senior Account Clerk 1365 Senior Administrative Secretary 1437 Assistant City Clerk Code Enforcement Officer Recreation Specialist 1519 Management Information System (MIS) Technician 1635 Accountant If Administrative Assistant Assistant Engineer Assistant Planner Community Services Assistant Development Services Public Works Supervisor 1752 Senior Administrative Assistant HEDULE A CITY OF DIAMOND BAR SALARY RANGES BY POSITION FY 2001-2002 15.94 16.74 17.58 18.46 19.38 20 35 Adopted 4!2!02 1,275.4588 1,339.2318 1,406.1934 STEP 1,550.3282 1,627.8 6 1,709.2368 A B C A E 3,5270 G 9.43 9.90 10.40 10.92 11.46 2.04 12.64 754.4793 792.2032 831.8134 873.4041 917.0743 962. 280 1,011.0744 1,634.71 1,716.44 1,802.26 1,892.38 1,986.99 2,0 .34 2,190.66 19,616.46 20,597.28 21,627.15 22,708.51 23,843.93 25,03 .13 26,287.93 10.91 11.45 12.02 12.63 13.26 1 .92 14.62 872.4929 916.1176 961.9235 1,010.0196 1,060.5206 1,113. 466 1,169.2240 1,890.40 1,984.92 2,084.17 2,188.38 2,297.79 2,41 .68 2,533.32 22,684.82 23,819.06 25,010.01 26,260.51 27,573.54 28,95 .21 30,399.82 11.51 12.08 12.69 13.32 13.99 1 .69 15.42 920.5029 966.5281 1,014.8545 1,065.5972 1,118.8771 I,174, 209 1,233.5620 1,994.42 2,094.14 2,198.85 2,308.79 2,424.23 2,54 .45 2,672.72 23,933.08 25,129.73 26,386.22 27,705.53 29,090.80 30,54 .34 32,072,61 12.65 13.28 13.95 14.65 15.38 1 .15 16.95 1,012.1254 1,062.7316 1,115.8682 1,171.6616 1,230.2447 1,291. 70 1,356.3448 2,192.94 2,302.59 2,417.71 2,538.60 2,665.53 2,79.8I 2,938.75 26,315.26 27,631.02 29,012.57 30,463.20 31,986.36 33,58 .68 35,264.97 13.34 14.01 14.71 15.45 16.22 1 .03 I7.88 1,067.4880 1,120.8624 1,176.9055 1,235.7508 1,297.5383 1,362.4 52 1,430.5360 2,312.89 2,428.54 2,549.96 2,677.46 2,811.33 2,45 .90 3,099.49 27,754.69 29,142.42 30,599.54 32,I29.52 33,736.00 35,42 .80 37,193.94 13.94 14.64 15.37 16.14 16.95 1 .80 18.69 1,115.4727 1,171.2464 1,229.8087 1,291.2991 1,355.8641 1,423.6 73 1,494.8402 2,416.86 2,537.70 2,664.59 2,797.81 2,937.71 3,08459 3,238.82 29,002.29 30,452.41 31,975.03 33,573.78 35,252.47 37,01 09 38,865.84 14.70 15.43 16.20 17.01 17.86 1876 19.69 1,175.6957 1,234.4805 1,296.2045 1,361.0147 I,429.0655 1,500.5 87 1,575.5447 2,547.34 2,674.71 2,808.44 2,948.87 3,096.31 3,25112 3,413.68 30,568.09 32,096.49 33,701.32 35,386.38 37,155.70 39,013 49 40,964.16 15.94 16.74 17.58 18.46 19.38 20 35 21.37 1,275.4588 1,339.2318 1,406.1934 1,476.5030 1,550.3282 1,627.8 6 1,709.2368 2,763.49 2,901.67 3,046.75 3,199.09 3,359.04 3,5270 4,106.24 3,703.35 33,161:93 34,820.03 36,561.03 38,389.08 40,308.53 42,323 6 44,440.16 16.85 17.69 I8.58 19.51 20.48 2I. 1 22.58 1,348.0162 1,415.4171 1,486.1879 1,560.4973 1,638.5222 1,720.44 3 1,806.4707 2,920.70 3,066.74 3,220.07 3,381.08 3,550.13 3,727.4 3,914.02 35,048.42 36,800.84 38,640.89 40,572.93 42,60I.58 44,731.6 46,968.24 18.13 19.04 19.99 20.99 22.04 23.4 24.30 1,450-3955 1,522.9153 1,599.06I0 1,679.0141 1,762.9648 1,851,1130 1,943.6687 3,142.52 3,299.65 3,464.63 3,637.86 3,819.76 4,010.4 4,211.28 37.710.28 39,595.80 41,575.59 43,654.37 45,837.08 48,128.4 50,535.39 19.49 20.46 21.49 22.56 23.69 24.7 26.12 1,559.I750 1,637.1338 1,718.9905 1,804.9400 1,895.1870 1,989.94 4 2,089.4437 3,378.21 3,547.12 3,724.48 3,910.70 4,106.24 4,311. 5 4,527.13 40,538.55 42,565.48 44,693.75 46,928.44 49,274.86 51,738.1 54,325.54 CITY OF DIAMOND BAR SALARY RANGES BY POSITION FY 2001-2002 RANGE JOB TITLE 1890 Secretary to the City Manager/ Office Manager 1897 Communications & Marketing Coordinator 1935 Senior Accountant Superintendent of ParkvVaintenance 1987 Assistant to tate City Manager Associate Planner Associate Engineer Recreation Superintendent 2136 Senior Engineer Senior Planner 2319 City Clerk 2571 Community Services Director Deputy Public Works Director Finance Director 2985 City Engineer/Public Works Director Community Development Director 3172 Deputy City Manager 0 AdapLed 4WO2 G .75 28.09 X75 2,247.0499 .77 4,868.6I .24 58,423.30 .85 28.20 )54 2,255.8151 .86 4,887.60 .28 58,651.19 .85 28.20 )54 2,255.8151 .86 4,887.60 .28 58,651.19 .13 29.53 761 2,362.7900 .60 5,119.38 .18 61,432.54 .24 31.75 164 2,539.9987 .27 5,503.33 .21 66,039.97 .64 34.27 755 2,741.9443 .98 5,940.88 .76 71,290.55 .82 34.46 179 2,756.9828 .01 5,973.46 .15 71,681.55 .39 38.21 .33 3,056.9840 06 6,623.47 75 79,481.58 26 44.37 22 3,549.5273 42 7,690.64 06 92,287.71 90 47.15 50 3,771.94I3 7 8,172.54 5 98,070.47 STEP A B C D E 20.96 22.01 23.11 24,26 25.48 F 1,676.7832 1,760.6224 1,848.6535 1,941.0862 2,038.1405 2,140. 3,633.03 3,814.68 4,005.42 4,205.69 4,415.97 4,6--( 43,596.36 45,776.18 48,064.99 50,468.24 52,991.65 55,611 21.04 22.09 23.20 24.36 25.58 1,683.3240 1,767.4902 1,855.8647 1,948.6579 2,046.0908 2,148- 3,647.20 3,829.56 4,021.04 4,222.09 4,433.20 4,65 43,766.42 45,954.74 48,252.48 50,665.11 53,198.36 55,85 21.04 22.09 23.20 24.36 25.58 2 1,683.3240 1,767,4902 1,855.8647 1,948.6579 2,046.0908 2,148. 3,647.20 3,829.56 4,021.04 4,222.09 4,433.20 4,65 43,766.42 45,954.74 48,252.48 50,665.11 53,198.36 55,85 22.04 23.14 24.30 25.51 26.79 2 1,763:1502 1,851.3078 1,943.8731 2,041.0668 2,1431201 2,250. ' 3,820.16 4,011.17 4,211.73 4,422.31 4,643.43 4187 45,841.91 48,134.00 50,540.70 53,067.74 55,721.12 58,50 23.69 24.88 26.12 27.43 28.80 3 1,895.3861 1,990.1554 2,089.6632 2,194.1464 2,303.8537 2,419. 4,106.67 4,312.00 4,527.60 4,753.98 4,991.68 5,24 49,280.04 51,744.04 54,331.24 57,047.81 59,900.20 62,89 25.58 26.85 28.20 29.61 31.09 3 2,046.0810 2,148.3851 2,255.8044 2,368.5946 2,487.0243 2,611.3 4,433.18 4,654.83 4,887.58 5,131.95 5,388.55 5,65 53,198.11 55,858.01 58,650.91 61,583.46 64,662.63 67,89 25.72 27.00 28.35 29.77 31.26 3 2,057.3030 2,160.1682 2,268.1766 2,381.5854 2,500.6647 2,625.61 4,457.49 4,680.36 4,914.38 5,160.10 5,418.11 5,689 53,489.88 56,164.37 58,972.59 61,921.22 65,017.28 68,268 28.51 29.94 31.44 33.01 34.66 36 2,281.1685 2,395.2269 2,514.9883 2,640.7377 2,772.7746 2,911.4- ,911.44,942.53 4,942.53 5,189.66 5,449.14 5,721.60 6,007.68 6,308 59,310.38 62,275.90 65,389.70 68,659.18 72,092.14 75,696 33.11 34.76 36.50 38.33 40.24 42 2,648.7119 2,781.1475 2,920.2049 3,066,2152 3,219.5259 3,380.51 5,738.88 6,025.82 6,327.11 6,643.47 6,975.64 7,324 68,866.51 72,309.84 75,925.33 79,721.59 83,707.67 87,893 3518 36.94 38.79 40.73 42.77 44 2,814.6806 2,955.4147 3,103.1854 3,258.3447 3,421.2619 3,592.3: 6,098.47 6,403.40 6,723.57 7,059.75 7,412.73 7,783 73,181.70 76,840.78 80,682.82 84,716.96 88,952.8I 93,400 0 AdapLed 4WO2 G .75 28.09 X75 2,247.0499 .77 4,868.6I .24 58,423.30 .85 28.20 )54 2,255.8151 .86 4,887.60 .28 58,651.19 .85 28.20 )54 2,255.8151 .86 4,887.60 .28 58,651.19 .13 29.53 761 2,362.7900 .60 5,119.38 .18 61,432.54 .24 31.75 164 2,539.9987 .27 5,503.33 .21 66,039.97 .64 34.27 755 2,741.9443 .98 5,940.88 .76 71,290.55 .82 34.46 179 2,756.9828 .01 5,973.46 .15 71,681.55 .39 38.21 .33 3,056.9840 06 6,623.47 75 79,481.58 26 44.37 22 3,549.5273 42 7,690.64 06 92,287.71 90 47.15 50 3,771.94I3 7 8,172.54 5 98,070.47 SCHEDULrz B CITY OF DIAMOND BAR SALARY RANGES BY POSITION FY 2001-2002 PART TIME/ HOURLY Adopted STEP RANGE JOB TITLE A B C D E F G 515 Community Services Worker 6.51 6.68 6.84 7.02 7.18 7.34 7.50 537 Community Servics Leader I 6.56 7.15 7.75 8.34 8.93 9.52 10.11 538 Community Services Leader 1 6.56 7.15 7.75 8.34 8.93 9.52 10.11 (Benefit) 753 Intern/Part-Time 8.34 8.93 9.52 10.11 10.71 11.32 11.91 753 Parks Maintenance Helper 8.34 8.93 9.52 10.11 10.71 11.32 11.91 Community Services Leader H 754 Community Services Leader H 8.34 8.93 9.52 10.11 10.71 11.32 11.91 (Beneft) 1140 Community Services Coordinator 12.65 13.28 13.95 14.65 15.38 16.15 16.95 1141 Community Services Coordinator 12.65 13.28 13.95 14.65 15.38 16.15 16.95 (Benefit) 1343 Engineering Aide 13.94 14.63 15.37 16.14 16.95 17.79 18.69 CITY OF DIAMOND BAR PUBLIC RELATIONS MANAGER DEFINITION: Under general supervision of the Deputy City Manager, manages the City's Communication Marketing activities including all aspects of public relations and public information. Takes role in developing and implementing communications and marketing efforts for major City services and special events; evaluates the effectiveness of public information campaigns for programs, and participates in the development of the City's public relations plan. Interacts public, civic groups, elected officials and City staff keeping them informed about the City's. accomplishments and matters of interest. Performs other duties as assigned. SUPERVISION RECEIVED AND EXERCISED General supervision is provided by the Deputy City Manager. May exercise supervision over other city employees. ESSENTIAL JOB OF DUTIES: Essential job functions may include, but are not limited to the following: Manages the City newsletter, web site, and government access channel including design and and its coordination with outside vendors. Ensures content and tone of information provided by the City's access channel, web site, and other City publications are consistent. Promotes and participates in a variety of City -sponsored community events, activities, and Participates in the preparation and development of an economic development program business attraction, retention and expansion activities. Prepares and monitors the Communications and Marketing budget. and e lead h the vities, Primarily responsible for developing, maintaining and coordinating public relations to enhane the City's image. Coordinate advertising and marketing projects for City programs and services, and with public/private organizations. Determine appropriate media to market different programs using advertising and strategies and techniques. Take photographs for City -related media, including quarterly newsletter. Represent the City and present oral reports at meetings with citizens, public and private staff, City Council members and the media. CITY OF DIAMOND BAR Public Information Manager Researches and prepares written reports, recommendations and memoranda, including press advisories, speeches, technical reports, grants, and award applications. Recommend strategies to City departments, community groups, and businesses to provide marketing, public information and media relations' techniques. Establish liaisons and disseminate information to media organizations, and community QUALIFICATIONS Knowledge of: Principles, practices and techniques of marketing, public relations and Web site design and management. Graphic design and production. Methods and techniques of writing, editing, marketing, graphic arts, audio-visual and photography. Public information programs. Ability Design, coordinate and implement effective marketing, public relations, and projects. Analyze and determine effective strategies for communicating ideas, messages, and Effectively solicit and administer vendor contracts Research, evaluate, write and edit reports, studies, speeches, memos, correspondence news releases, and other forms of communications. Prepare and present in a clear, concise, and informative manner. Make effective presentations at public meetings or forums. Use personal computer and word processing, desktop publishing, and graphic design �oftware. Operate cameras (still and video), and related equipment. Plan, organize, and complete multiple projects in order to meet program and division deadlines. CITY OF DIAMOND BAR Public Information Manager Establish and maintain effective working relationships with City Officials, coworkers, and the general public. Communicate effectively, orally and in writing with clients, staff, management, officials, business representatives, consultants, and vendors. ESSENTIAL ,TOB FUNCTIONSIA.D.A Ability to operate computer, calculator, telephone and portable radio. Ability to prepare detailed narrative reports, perform complex numerical analyses and documents. Ability to understand and respond to the public's and staff s requests for assistance both on and in person. Ability to sit for up to two hours at a time. Ability to lift up to 15 pounds. Ability to get from one location to another in the course of doing business. Ability to make oral presentations. EXPERIENCE AND EDUCATION Any combination of education, training and experience that would likely provide the knowledge and abilities for acceptable job performance. A typical way to obtain the abilities for this position would be: Experience Four (4) years of increasingly responsible experience in communications, public media relations, marketing, advertising, and writing involving public sector orgy Education Equivalent to a Bachelor's degree in Communications, Public Relations, Journalism, or a closely related field. Licenses Must possess a valid California driver's license. ACCOMMODATION FOR DISABILITY The City of Diamond Bar does not discriminate against a disabled applicant who is capabl of performing the essential requirements of the job with a reasonable accommodation. phone and Agenda # 6.1 Meeting Date: 4/2 CITY COUNCIL AGENDA REPORT nRPoxa�� r9S9 TO: Honorable Mayor and Members of the City Council VIA. Linda C. Lowry, City Manager>u)_� TITLE: Approval of Amendment #1 for Contract with David Evans and Associates fol as - needed Landscape Architect Services in the amount of $55,406. RECOMMENDATION: Approve the Amendment. FINANCIAL IMPACT: Funds for these services were included in the mid -year adjustment to the 2001/02 FY Bu get which was approved by the City Council on March 19, 2002. BACKGROUND: The City Council has a contract with David Evans and Associates for as -needed landscape architect services in the amount of $25,000. Services in excess of the $25,000 authorization require City Council approval. Staff is requesting approval to add $55,406 to the contract for a total aut orization of $80,406. DISCUSSION: Staff is seeking City Council approval to add the following projects to the David Evans and as -needed Landscape Architect Services Contract: 1. Design of Grand Avenue Median Landscaping and Irrigation Improvements — Projec the removal of asphalt median and construction of irrigation and landscaping. Tasks #1-13 in proposal dated March 6, 2002 in the amount of $20,856. 2. Design of two picnic shelters at Pantera Park — Project will result in the construction picnic shelters at Pantera Park in the north west picnic area of the park. Tasks #1-11 in proposal dated March 14, 2002 in the amount of $12,550. 3. Conceptual Design of Trail Head and Trail at Sycamore Canyon Park — Conceptual be used for grant applications to obtain grants to construct this project. There are cu grants available that this project qualifies for. Tasks #1,3,4,5 and 8 in proposal dated March 14, 2002 in the amount of $9,600. 4. Conceptual Design of landscaping and irrigation improvements at the following locati a. Asphalt parkway median at Diamond Bar Blvd. between Mountain L. Maple Hill Road. b. Asphalt parkway median at Pathfinder and Evergreen Springs. c. Dirt parkway on Brea Canyon Road at Gerndal. .ssociates includes f two sign will rently 3 >ns: turel and d. Dirt parkway on Golden Springs at Adel. Tasks #1,2,3,4 and 11 in the proposal dated March 27, 2002 in theamount of $12,400. Total cost of services for the listed projects is $55,406. RE I D Y: o se Community Services Director James DeStefan Deputy City Manager Attachments: Amendment #1 To Agreement DEA Proposal for Grand Avenue Median Landscaping and Irrigation Improvements dated March 6, 2002. DEA Proposal for Design of Two Picnic Shelters at Pantera Park date March 14, 2002. DEA Proposal for Conceptual Design of Trail Head and Trail at Sycar Canyon Park dated March 14, 2002. DEA Proposal for Conceptual Design of landscaping and irrigation im at various locations dated March 27, 2002. Current DEA Consulting Services Agreement dated February 5, 2002 re rovements AMENDMENT #1 TO AGREEMENT THIS AMENDMENT #1 TO AGREEMENT is made this 2d day of April 2002, by and betw the CITY OF DIAMOND BAR, a municipal corporation ("City") and DAVID EVANS AND ASSOCIATES, a California corporation, ("CONSULTANT"). Recitals: a. CONSULTANT entered into an agreement with CITY on February 5, 2002 (tl "AGREEMENT") for as -needed Landscape Architect Services for the term of February 5, 2002 through February 5, 2005. b. Parties desire to amend the AGREEMENT to provide for additional Landscape Architect"Services described as follows: 1. Design of Grand Avenue Median Landscaping and Irrigation Improvements. Tasks #1-13 of proposal dated March 6, 2002 in the amount of $20,856 2. Design of two picnic shelters at Pantera Park. Tasks #1-11 of proposal dated March 14, 2002 in the amount of $12,55 3. Conceptual Design of Trail Head and Trail at Sycamore Canyon Park. Tasks #1,3,4,5 and 8 of proposal dated March 14, 2002 in the amount o $9,600. 4. Conceptual Design of landscaping and irrigation improvements at the following locations: a. Asphalt parkway median at Diamond Bar Blvd. between Mountain Laurel and Maple Hill Road. b. Asphalt parkway median at Pathfinder and Evergreen Springs. c. Dirt parkway on Brea Canyon Road at Gerndal. d. Dirt parkway on Golden Springs at Adel. Tasks #1,2,3,4 and 11 of proposal dated March 27, 2002 in the amount of $12,400. C. Fee for additional Landscape Architect Services described herein shall not exceed $55,406. d. Consultant represents that it is fully qualified to perform such consulting service by virtue of its experience and the training, education and expertise of its principals and employees. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1— Attachment "A" to the AGREEMENT is amended by adding thereto the following additional landscape architect services: 1. Design of Grand Avenue Median Landscaping and Irrigation Improveme Tasks #1-13 of proposal dated March 6, 2002 in the amount of $20,856. 2. Design of two picnic shelters at Pantera Park. Tasks #1-11 of proposal dated March 14, 2002 in the amount of $12,550. 3. Conceptual Design of Trail Head and Trail at Sycamore Canyon Park. Tasks #1,3,4,5 and 8 of proposal dated March 14, 2002 in the amount of $9,600. 4. Conceptual Design of landscaping and irrigation improvements at the following locations: FR0M':DAV1DEUANSANDRSSOCJATES FAX NO, :909-4815757 Mar. 28 2002 05:iSP� P3 a. Asphalt parkway median at Diamond Bat Blvd. between Mountain Laurel and Maple Hill Road. b. Asphalt parkway median at Pathfinder and Evergreen Springs. c. Dirt parkway on Brea Canyon Road at Gerndal. d. Dirt parkway on Golden Springs at Adel_ Tasks # 1,2,3,4 and 11 of proposal dated March 27, 21142 in the amount of $12,400. Section 2 - Section 3 of the AGREEMENT is amended to add compensation in the amount of $55,406, for a total authorization not to exceed $80,40& Except as provided above, the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEPWOF the parties hereto have executed this AMENDMENT # t TO AGREEMENT on the date and year first written above. ATTEST: C1TX Or DIAMOND BAR A Municipal Corpor4tion Of the State of California Sighed Title APPROVED TO FORM DAVID EVANS AND .ASSOCIATES, Tnc. A California Corporation Signedr•��rCi, Title --V � P S i n "� City Attorney City Cleric March 6, 2002 Mr. Bob Rose Director of Community Services City of Diamond Bar 21825 E. Copley Drive Diamond Bar, CA 91765 SUBJECT: GRAND AVENUE LANDSCAPED MEDIAN IMPROVEMENT PROJECT Dear Bob: On behalf of David Evans and Associates, Inc. (DEA), we are pleased to provide you with a proposal fc Grand Avenue Landscaped Median Improvement Project. This shall be the first task of our On -Call Se: Contract. The project is located on Grand Avenue from the westerly on/off ramp across from Diamond Honda, easterly spanning over the 57 freeway bridge; a distance of approximately 870'. The median is maintained by the City of Industry and consists of asphalt (painted green). The majority of the narrow i portion adjacent to the turn pocket at the easterly end of the project area is within Caltrans jurisdiction a only allow the placement of decorative paving, as it spans the freeway bridge. The following information was obtained from our meeting on Monday, March 4, 2002 in addition to my conversations with affected agencies. Project coordination is likely to include the following agencies. C Diamond Bar, City of Industry, Diamond Bar Honda, Caltrans, and Walnut Valley Water. Caltrans will permit for work within their jurisdiction; however, plans can be prepared in Autocad on the City of Diai title block. Permit fees may be based on the method of project funding although this remains uncertain time. The water district will also require a plan check process and warns of a current backlog for the pla a new meter on the north side of Grand Avenue; as they are currently backlogged approximately three m fee of $300 will be required for the submittal of plans and they recommend the acquisition of a project c prior to commencing work. the vices 3ar urrently iedian 1d will 'ity of equire a and Bar this ement of nths. A Several issues will need to be addressed at some point soon. These include the desire for the relocation f the city monument sign to this location as well as the option for lighting. Based on the above information, we reommend the following scope of services and fees: Task 1 — Project Start Up Meeting / Site Visit - $400 The DEA project landscape architect shall meet with the city to determine the project goals, objectives a d desired landscape theme. This meeting shall allow for the dissemination of information including the acc uisition of plans, aerial photos and digital information. A site visit will be performed to allow a greater understan ling of the project issues and well as to allow for project photos as reference material. This meeting shall provid a thorough review of the scope of services, objectives, design, maintenance, construction schedule and bud et. Task 2 — Preparation of Base Sheets $1,600 DEA shall prepare base sheets from aerial data, Caltrans mapping, and the extraction of digital data from available from the city. The accuracy of these plans shall reflect the data from which the information wa acquired. DEA does not anticipate the need for survey or topographic data. This task does 800 North Haven Avenue Suite 300 Ontario California 91764 Telephone: 909.48 1.5750 Facsimile: 909.48 1,757 March 6, 2002 Mr. Bob Rose © Q City of Diamond Bar Grand Avenue Median Improvements Q Page 2 include acquiring Caltrans mapping, water district data and any applications for plan preparation or pe tong required to complete the work and obtain the necessary approvals. Plans shall be prepared at a scale of 1" = 20'. Task 3 — Conceptual Designs - $2,500 DEA shall prepare two distinctly different conceptual plans indicating a sample plan view and section fo the median design. Colored images of proposed plant material shall also be shown on the plan in addition to the proposed hardscape layout. These colored renderings shall be presentation quality for use in meetings w th staff and the Diamond Bar Honda dealership. A preliminary cost estimate shall be provided for both concept al plans. We anticipate that any revisions to the selected plan can be incorporated into the final construction drawi gs, C Task 4 — Demolition Plan - $500 These plans will indicate the limits of demolition for the removal of existing asphalt pavement and any of ler modifications determined necessary for the replacement of signage or other appurtenances. Task 5 — Planting Plans - $1,400 DEA landscape architects shall prepare median planting plans for the project area. Plans shall include pl t legend, indicating botanical and common name, quantity, size, and remarks (such as variety or staking pr cedure). This task also includes fees for the analysis of existing soil by "Soil and Plant Laboratories" of Orange in rder to determine the necessary provisions for the removal and replacement of potentially contaminated soils. Task 6 — Irrigation Plans - $1,800 The final irrigation plans will provide the necessary information for a complete and fully automatic irrigat on system for the project area. Reclaimed water is available from the north side of the street, placing the net r along the northerly parkway. The contractor will be responsible for all work beyond the water meter and the W nut Valley Water District will place the meter based on the city's request. The plans will indicate the point of connection, and equipment size and type. Task 7 — Construction Details - $500 DEA landscape architects will provide construction details as necessary to fully depict the overall design ii tent Task 8 — Construction Cost Estimate - $700 The team shall prepare a final construction cost estimate in a per unit basis of the proposed improvements the construction documents have been completed. Task 9 — Project Specifications - $1,400 .Final technical specifications shall be provided in the desired format for the items of construction. These specifications will be provided to the City and incorporated into the final bid package. March 6, 2002 Mr. Bob Rose Q City of Diamond Bar Grand Avenue Median Improvements O Page 3 Task 10 — Agency Coordination - $2,200 (Not To Exceed) This task includes three meetings with city staff, one meeting with Walnut Valley Water District, one with Diamond Bar Honda, and two visits with Caltrans to submit the final package and obtain the apr permitting. Task 11— Assistance with Bidding - $800 (Not To Exceed) DEA shall provide bid assistance including answering questions from prospective bidders and facilitating the pre- bid conference. Task 12 — Construction Observation - $3,960 (Not To Exceed) DEA shall provide construction observation services including weekly site visitations including construe 'on meetings with the city and contractor; monitoring the progress and quality of the work; ensuring that the construction is proceeding in accordance with the contract documents; and overall site observation at leas twice weekly to observe the progress of construction. This work shall be performed by a professional in the fie d of landscape architecture. Fees for this task are based on 6 hours per week for a period of 6 weeks. Task 13 — Preparation of As -Built Drawings - $1,200 (Not To Exceed) "As -Built" drawings shall be prepared based upon the contractor's red -lines from field changes. These fal plans shall be provided to the city as the record copy. DEA proposes to complete the above noted tasks for the fees indicated, although some of these may be co sides optional at this time. Invoices will be due and payable as stipulated in our Agreement of Professional Seices contract and will be sent monthly based on the percentage of work completed. Government fees, mileage, delivery costs and plotting / reproduction services are considered reimbursable fees and shall be billed to ou at cost plus 10%. Any service requested which does not fall within the scope of services listed herein, or any duplication of due to changes desired by the owner, will be performed in accordance with our hourly rates. DEA is looking forward to once again working with the City of Diamond Bar. If you have any questions further clarification on any item, please feel free to call. We look forward to discussing this project with thank you once again for your consideration of our qualifications. Sincerely, DAVID EVANS AND ASSOCIATES, INC. %,mom Z Kim S. Rhodes, L.A. 3867 Vice President DAGrandAve.dor need 1 and March 14, 2002 Mr. Bob Rose City of Diamond Bar Director of Community Services 21660 East Copley Drive, Suite 100 Diamond Bar, CA 91765-4178 Subject: PROPOSAL TO PROVIDE LANDSCAPE ARCHITECTURAL SERVICES .NEW PREFABRICATED SHADE STRUCTURES AT PANTERA PARK Dear Bob: On behalf of David Evans and 4ssociates, Inc. (DE14), we would like to thank you for the opportunity b of service to the City of Diamond Bar in providing landscape architectural services for the above noted We have recently completed a new prefabricated shade structure for the city of Claremont at Rancho So Avenue Park which directly relates to your park. After meeting with you at the site and reviewing the pi structure locations, we feel ideally suited to a project of this nature and recommend the following scope services: Task 1: Demolition Plan - $700 I TWO again be Jose DEA shall prepare a demolition plan at 1" = 20' for the removal of elements deemed necessary within th area designated for the installation of the proposed shade shelters. An existing digital topographic map shall e provided to DEA by the city. The accuracy of the topographic map shall be the responsibility of the city, as DEA will use this information to prepare plans; however, will not provide any survey data to supplement their ork nor check their accuracy. Task 2: Site Plan - $1,500 This plan shall designate the proposed features of the shade shelters indicating placement, detail referenc s, material and manufacturer callouts, general construction notes, and specific elements of the overall desi which are necessary for the proper construction of each item. DEA shall obtain information from Poligon Shelt rs for the design of the structure and shall supplement this information with additional site improvements such s hardscape, B.B.Q., picnic tables, and light fixtures within the shelter. Task 3: Grading Plan - $1,500 DEA will prepare a 1 "=20' scale grading plan for the proposed improvement area. The plan will be prep ed in AutoCAD and will be overlaid on the topographic map and site plans. The plan will contain the surface f ature: required to construct the grading and paving work and shall meet ADA requirements as applicable. Task 4: Electrical / Lighting Plans - $1,650 Dream Engineering will Prepare a 1 "-20', scale electrical plan for the proposed improved area. The plan ill be prepared in AutoCAD and will include electrical engineering, electrical calculations, single line diagram, anel assignment, electrical details, photometrics, cost estimate, specifications, and construction drawings. 800 North Haven Avenue Suite 300 Ontario California 91764 Telephone: 909.481.5750 Facsimile: 909.481. 757 March 14, 2002 City of Diamond Bar Pantera Park Page 2 Task 5: Planting Improvement Plan - $800 The planting improvement plan shall indicate new turf and/or plantings proposed due to refurbishment o F the affected area. A plant legend will denote symbols, botanical and common names, size, quantities, and remarks. Task 6: Irrigation Improvement Plan - $1,500 The irrigation plan will identify the irrigation head adjustments to the existing irrigation system. The irrigation plan will identify the point of connection to existing system and/or mainlines, irrigation equipment location and type (remote control valves, main line, lateral lines, sleeves, and irrigation heads), irrigation equipment 1 gend, and construction notes. Task 7: Construction Details - $1,500 DEA will coordinate with Poligon shade structures to provide construction details for the shade shelters addition to providing planting, irrigation, paving and site furnishing details. Task S: Construction Cost Estimate -$600 A final construction cost estimate will be provided by DEA to ensure that the project budget is sufficient and that phasing will not be required. Task 9: Project Specifications - $1,000 Final technical specifications shall be prepared in the desired format for the proposed shade shelters. One again, Poligon shall provide product specifications which will require that the city "not" accept approved equal for this particular element of the design. Other technical specifications for planting, irrigation, and site furnishin s shall be provided by DEA. Task 10: Project Meetings and Coordination -$600 The DEA project manager shall attend up to three meetings with city staff during the project design. No ublic workshops are anticipated at this time. Task 11: Assistance During Construction - $1,200 DEA shall be available to review project submittals in addition to attending a pre -construction meeting and attending a final walk-thru to generate a punch list of items to be completed prior to project acceptance. The above tasks include one submittal of plans and one set of corrections during plan check. Additional lasks required beyond the scope of services noted above, or changes requested by the City shall be charged on n "extra services" basis and negotiated accordingly. DEA proposes to complete the project tasks for the fees indicated in addition to reimbursable expenses. Rivoices will be due and payable within thirty (30) days, and will be sent monthly based upon the percentage of work completed. Government fees, mileage, delivery costs such as Federal Express charges, and plotting/repreduction services are considered'reimbursable expenses and are billed at cost plus 15%. March 14, 2002 City of Diamond Bar Pantera Park Page 3 DEA welcomes the opportunity to work with you and look forward to discussing this proposal with you We appreciate your consideration of our qualifications. Sincerely, DA ID EVANS AND ASSOCIATES, INC. RJey F. /Scott, ASLA Project Manager / Park Planner Kim S. Rhodes, L.A. 3867 Vice President March 14, 2002 Mr. Bob Rose City of Diamond Bar Director of Community Services 21660 East Copley Drive, Suite 100 Diamond Bar, CA 91765-4178 Subject: PROPOSAL TO PROVIDE LANDSCAPE ARCHITECTURAL SERVICES FOI7 SYCAMORE CANYON PARK TRAIL HEAD ALONG DIAMOND BAR BLVD. Dear Bob: On behalf of David Evans and Associates, Inc. (DEA), we would like to thank you for the opportunity tc again be of service to the City of Diamond Bar in providing landscape architectural services for the above noted project. We are currently working on a 15 mile equestrian, bicycle, and pedestrian trails master plan with the Co my of Kern which directly relates to your site. After meeting with you at the site and discussing the design opportunities we feel ideally suited to a project of this nature and recommend the following scope of services: Phase I — PRELIMINARY DESIGN Task 1: Project Kick -Off Meeting - $500 DEA project team members shall attend an initial start up meeting with the City staff to determine each erson's role and level of responsibility. This meeting shall allow a review of the status of the project and existir g field conditions such as confirming view locations, accessibility, parking, kiosk design and placement, drinki ig fountains and fencing, to name a few. We recommend a site visit to discuss opportunities and constrain s throughout the project area. This meeting shall provide a thorough review of the scope of services, obje tives, design, maintenance, construction schedule and budget. Task 2: Supplemental Survey Data (Optional) - $9,000 DEA survey crews shall be available to obtain supplemental field data to support existing base mapping and street plans provided by the City. DEA will provide a 50' grid and produce a 1' contour interval topographic n iap of the proposed trail head site and curb and gutter flow line along Diamond Bar Boulevard. These additional surveying services will include any visible surface utilities, trees, walls, sidewalks, and street lights. Task 3: Site Visit 1 Data Collection - $500 DEA landscape architects shall make a site visit to determine field conditions which directly impact theverall design. Data collection will involve the acquisition of pertinent infrastructure record data and coordina on with the affected agencies. Task 4: Project Area Base Maps - $2,500 DEA team members shall prepare project area base maps from information provided by the City. There ill be some "clean up" required on the digital files; however, the use of these base sheets will greatly assist in I he development of the bid package. As part of this task, DEA shall provide a physical assessment of the project area to determine placement of elements which may impact the overall design. 800 North Haven Avenue Suite 300 Ontario California 91764 Telephone: 909.481.5750 Facsimile: 909.48b 5757 March 14, 2002 City of Diamond Bar Sycamore Park Page 2 Task 7: Construction Details - $3,500 DEA will provide construction details and structural calculations for the proposed trail, viewing deck a�d site furnishing details. Task 8: Construction Cost Estimate -$600 A final construction cost estimate will be provided by DEA to ensure that the project budget is sufficict and that phasing will not be required. Task 9: Project Specifications - $1,000 Final technical specifications shall be prepared in the desired format for the proposed trail and viewing eck. Task 11: Assistance During Construction - $1,200 DEA shall be available to review project submittals in addition to attending a pre -construction =.dpd attending a final walk-thru to generate a punch list of items to be completed prior to project acc The above tasks include one submittal of plans and one set of corrections during plan check. Additional tasks required beyond the scope of services noted above, or changes requested by the City shall be charged on an "extra services" basis and negotiated accordingly. DEA proposes to complete the project tasks for the fees indicated in addition to reimbursable expenses. will be due and payable within thirty (30) days, and will be sent monthly based upon the percentage of completed. Government fees, mileage, delivery costs such as Federal Express charges, and plotting/rep services are considered reimbursable expenses and are billed at cost plus 15%. DEA welcomes theopportunity to work with you and look forward to discussing this proposal with you. appreciate your consideration of our qualifications. Sincerely, DAV V ASSOCIATES, INC. 7e ey F. Scott, ASLA Kim S. Rhodes, L.A. 3867 Project Manager / Park Planner Vice President We March t4,2002 Mr. Bob Rose City of Diamond Bar Director of Community Services 21660 East Copley Drive, Suite 100 Diamond Bar, CA 917654178 Subject: PROPOSAL TO PROVIDE LANDSCAPE ARCHITECTiTRAi, SERVICES FO TRAIL ALIGNMENT/ ACCESSIBILITY ACCESS FROM THE MAINTENANCE STO GE YARD TO THE PROPOSED WATERFALL VIEWING AREA AT SIYCAMO CANYON PARK Dear Bob: On behalf of David Evans and Associates, Inc. (DEA), we would like to thank you for the opportunity t again be of service to the City of Diamond Bar in providing landscape architectural services for the above noted reject. After meeting with you at the site and reviewing the proposed trail alignment and viewing locations, we feel ideally suited to a project of this nature and recommend the following scope of services: Task 1: Supplemental Survey Data (Optional) - $9,000 DEA survey crews shall be available to obtain supplemental field data to support existing base mapping rovided by the City. DEA will provide a 50' grid and produce a 1' contour interval topographic map of the prop sed trail from the maintenance storage yard to the waterfall viewing area. These additional surveying services wit include any visible surface utilities, trees, and fencing. Task 1: Demolition Plan - $700 DEA shall prepare a demolition plan at F'= 20' for the removal of elements deemed necessary withintharea designated for the installation of the proposed grail and viewing deck. An existing digital topographic m shall be provided to DEA by the city. The accuracy of the topographic map shall be the responsibility of the c ty, as DEA will use this information to prepare plans; however, will not provide any survey data to supplement their work nor check their accuracy. Task 2: Site Plan - $2,000 This plan shall designate the proposed site features indicating placement, detail references, material and manufacturer callouts, general constriction notes, and specific elements of the overall design which are for the proper construction. Task 3: Grading Plan - $3,000 DEA will prepare a 1 "=20' scale grading plan for the proposed improvement area. The plan will be pre] AutoCAD and will be overlaid on the topographic map and site plans. The plan will contain the surface required to construct the grading and paving work and shall meet ADA requirements as applicable. in 800 North Haven Avenue Suite 300 Ontario California 91764 Telephone: 909.48 1.5750 Facsimile: 909-48 1-51757 March 14, 2002 City of Diamond Bar Sycamore Canyon Park Page 2 Task 5: Conceptual Plan - $5,500 DEA shall prepare one sample plan view and sections which indicate the proposed design intent, plant alette, hardscape and drainage treatment. A colored rendering will be provided for presentation purposes, in a dition to a preliminary cost estimate which shall determine if phasing or value engineering will be necessary. is plan shall be presented to the City staff. Task 6: Revised Conceptual Design —1,500 DEA landscape architects shall prepare one revised sample conceptual plan based on input from the Cistaff or community meetings. Phase If — CONSTRUCTION DOCUMENTS Task 1: Demolition Plan - $1,500 DEA shall prepare a demolition plan at 1 " = 20' which shall designate all existing amenities to be remo ed or to be protected in place. Task 2: Site Plan - $3,500 This plan shall designate the final placement of all proposed site features as determined throughout the process. References to construction details, paving types, and enlarged plans shall also be shown. All r. dimensions will be indicated in order for the selected contractor to stake the project for construction. Task 3: Grading Plan - $3,500 DEA will prepare a 1 "-20' scale grading plan for the proposed improvement area. The plan will be prep ed in AutoCAD and will be overlaid on the topographic map and site plan. The plan will contain the surfacef atures required to construct the grading and paving work and shall meet ADA requirements as applicable. Task 4: Electrical / Lighting Plans - $7,000 Dream Engineering will prepare a 1"=20' scale electrical plan for the proposed unproved area. The plan 11 be prepared in AutoCAD and will include electrical engineering, electrical calculations, single line diagram, panel assignment, electrical details, photometrics, cost estimate, specifications, and construction drawings. Task 5: Planting Improvement Plan - $2,800 DEA landscape architects shall prepare planting plans for the proposed improved area. Plans shall inciudplant legend indicating trees, shrubs, and ground covers, in addition to information regarding decorative paving The legend shall indicate the botanical name, common name, quantity, size, remarks (such as variety and staki g procedure). The plans shall provide an integrated palette of selected plant material. Task 6: Irrigation Improvement Plan - $3,500 The final irrigation plans will provide the necessary information for a complete and fully automatic irriga on system for the project area. The plans will indicate point(s) of connection based upon engineering and wa er district data, backflow prevention and pressure regulation (as necessary), and equipment size and type in c irrigation legend. Construction details and general notes will be incorporated as necessary. The irrigation systei shall be designed in accordance with the City landscape guidelines based upon approved plant palettes an level of maintenance desired. Task 7: Construction Details - $2,500 DEA shall prepare construction details for the proposed park elements. Such elements would include structure, rail fencing, enriched paving, D.G. paths, and concrete walks. March 14, 2002 City of Diamond Bar Sycamore Canyon Park Page 3 Task S: Construction Cost Estimate -$800 A final construction cost estimate will be provided to ensure that the project budget is sufficient and tha phasing will not be required. Task 9: Project Specifications - $1,200 Final technical specifications shall be prepared in the desired format for the proposed trail head. These specifications will be provided in a "boiler plate" format and DEA shall modify the document accordin y. A complete bid list of all quantities and associated add -alternate items shall be provided indicating item descriptions, unit costs and totals. Task 10: Project Meetings and Coordination - $1,200 The DEA project manager shall attend up to three meetings with city staff during the project design. No public workshops are anticipated at this time. Task 11: Assistance During Construction - $1,200 DEA shall be available to review project submittals in addition to attending a pre -construction meeting d attending a final walk-thru to generate a punch list of items to be completed prior to project acceptance. The above tasks include one submittal of plans and one set of corrections during plan check. Additional asks required beyond the scope of services noted above, or changes requested by the City shall be charged on n "extra services" basis and negotiated accordingly. DEA proposes to complete the project tasks for the fees indicated in addition to reimbursable expenses, voices will be due and payable within thirty (30) days, and will be sent monthly based upon the percentage of w rk completed. Government fees, mileage, delivery costs such as Federal Express charges, and plotting/repro uction services are considered reimbursable expenses and are billed at cost plus 15%. DEA welcomes the opportunity to work with you and look forward to discussing the proposal with you. appreciate your consideration of our qualifications. Sincerely, DA VANS AND ASSOCIATES, INC. Je F. Scott, ASLA Kim S. Rhodes, L.A. 3867 Project Manager / Park Planner Vice President March 27, 2002 0 A V 117 EVAN S AivoASSCCIATES arae. Mr. Bob Rose Director of Community Services City of Diamond Bar 21825 E. Copley Drive Diamond Bar, CA 91765 SUBJECT: LANDSCAPE ARCEITTECTURAL SERVICES FOR VARIOUS STREETSCAPE IMPROVEMENTS THROUGHOUT THE CITY OF DIAMOND BAR Dear Sob: On behalf of David ,Evaw and Ascuciutes,1h (DLA), we are again pleased to provide you with a proposal fol various streetscape improvements throughout the city of Diamond Bar, These locatimis include: Diamond Ba Blvd. south of Mt. Laurel (approx. 800 linear feet); Pathfinder Rd. at Evergreen Springs (approx. 360 linear fey Golden Springs at Ade:] (approx. 400 linear feet); and Brea Canyon ltd. at Gerndal (.approx. 620 linear feet). It been determined that these projects include the refurbishment of planting and irrigalion areas throughout the ci as described above. All of these projects will be grouped together and bid as one overall project. The tasks lis below are applicable for each project area. The fee shown includes the level of effort required to accomplish c task for all areas. Should you require a complete breakdown of each project area, plaase let me know and 1 wi present the information accordingly. Our understanding of the scope of services is based on our meeting on Monday, March 25, 2002 in addition to site visits and verification of aerial data provided by the City. Project coordination is likely to include tho following agencies: City oFDiamond Bar, Community representatives throughout die city, and Walnut Valley Water District. ]lased on the above information, we propose the following scope of services and fees: Task i — Project Start lip Meeting / Site Visit - $S00 The DEA project landscape architect shall meet with the city to determine the project ;oils, objectives and desired landscape themes. This meeting shall allow foT the dissemination of information including the acquisil of plans, aerial photos and digital information. A site visit will W perfarmc:d to allow a greater undr rsstanding the project issues as well as to allow for project photos as reference material. This rnseting shall provide a. thorough review of the scope of services, .objectives, design, maintenance, construction schedule and budget. Task 2 —Preparation of Project Area Base Sheets - $3,000 DEA shall prepare base sheets from aerial data extracted from city digital data. The accuracy of these plans shall reflect the data from which the information was acquired. DEA does not anticipate the need for survey or topographic data; however, each site shall be inventoried to ensure the ptacement of existing appurtenances such as backflow prevention devices, utility boxes, power poles, etc. This task also includes acquiring water district data for the required modifications to the existing irrigation systems. Plans shall be prepared ata scale of 1" = 20'. 900 North Huyun Avunuc SU1te 300 Ontario California 91764 Talephunc: 909.48!.5750 FdCstlrllle: 909.4tl1.5157 2d W&9:i;T FOOZ a °-Ilew LS GMV-606= 'ON XU.� 533.alJ05SdQNbSNb0E 11*9, WMH March 27,2(X)2 Mt. Bob Rase Vef City of Diamond Bar Various Stmetscape 6nprovements Page 2 Task 3 — Conmptual Designs - $6,500 DEA shall prepare two distinctly different conceptual plans indicating a sample pian view and section for th parkway/strerfscape design. Colored images of proposed plant material shall also be shown on the plan. Th at colored renderings shall be presentation quality for use in meetings with staff and the community. A prelimi a cost estimate shall be provided for both conceptual plans. We anticipate that any revisions to the selected pla can be incorporated into the final construction drawings. Task 4 — Conrnyunity Meetings - $900 DEA landscape architects shall be available to attend two community workshops to assist the city in presentin the proposed conceptual designs for review and approval. This task includes multiple meetings to discuss eae project area. Task 5 —Demolition Plans - $1,200 These plans will indicate the limits of demolition for the removal of existing asphalt pavement or concrete, an any other modifications deemed necessary for the replacement/mfurbishment of landscape improvements. TI plans will be required primarily in the areas of Pathfinder/ Evergreen Springs and Diamond Bar Blvd. at Mountain [,aural. Task 6 — Planting Plans - K800 DPA landscape architects shall prepare parkway/streetscape planting plans for the pi ojec;t areas. Flans shall include plant legend, indicating botanical and common name, quantity, size, and remarks (such as variety or staking procedure). This task also includes fees for the analysis of existing soil by "Soil and Plant Laboratories of Orange in order to determine the necessary provisions for the removal and replacenwrit of potentially contaminated soils. Task 7 — Irrigation Plans - $5,800 The Final irrigation plans will provide the necessary information for a complete and fully automatic: irrigation system for the project area. Reclaimed water is available from the north side of the street, .placing the teeter alo the northerly parkway. The contractor will be responsible for all work beyond the winter meter and the Walnut Valley Water District will place the meter based on the city's request. The plans will indicate the point of connection, and equipment size and type. Task 8 — Construction Details - $700 DEA landscape architects will provide construction details as necessary to fully depict the overall design intent "Task 9 -- Construction Cost Estimate - $800 The team shall prepare final construction cast estimates in a per unit basis of the prop i", improvements once the construction documents have been completed. Ed Wd6S:ET MOZ Li' '-AEW LSLSZ8V-606: 'ON Xdd S3tdI00SSUCU4HSNUA3GlMq- WONJ March 27, 2(io? Mr. Bob Rose tQ City of Diamond Bar Various Streetscape Improvements Page 3 Task 10 — Project Specifications - $1:500 Final technical specifications shall be provided in the desired format for the items of construction. These specifications will be provided to the City and incorporated into the final bid package. Task 11-- Agency Coordination - $1,%0 (Not To Exceed) This task includes three meetings with city staff, and one meeting with Walnut Valley Water District. Task 12 -- Assistance with Bidding - $1,004 (Not To Exceed) DEA shall provide bid assistance including answering questions from prospective bidders and facilitating the bid conference. Task 13 — Construction Observation -$3,200 (Not To Exceed) DEA shall provide construction observation services including weekly site visitations including construction meetings with the city and contractor, monitoring the progress and quality of the work; ensutintl that the construction is proceeding in accordance with the contract documents; and overall site observation at least twig weekly to observe the progress of construction. This work shall be performed by a professional in the field of landscape architecture. Foes for this task are based on 4 hours per week for a period of $ weeks. Task 14 — Preparation of As -Built Drawings - $2,$20 (Not 7 a Exceed) "As -Built" drawings shall be prepared based upon the contractor's red -lines from field changes. These final shall be provided to the city as the record copy. DEA proposes to complete the above noted tasks for the fees indicated, although some of these tray be conside. Optional at this time. Invoices will be due and payable as stipulated in our Agreement or Professional Services contract and will be sent mcrnthiy based on the percentage of wart: completed. Government fees, mileage, delivery costs and plotting I reproduction services are considered reimbursable fees and shall bo billed to you at cost plus to%. ~ Any service requested which does not fall within the scope of services listed herein, or any duplication Of work due to changes desired by the owner, will be performed in accordance with our hourly rates. DEA is looking forward to once again working with the City of Diamond Bar, if you have any questions or need further clarification on any item, please feel free to call. We look forward to discussing this project with you and thank you once again for your consideration of our qualifications. Sincerely, DAVID EVANS AND ASSOCIATES, INC. Kim S. Rhodes, L.A. 3867 Vice President U:wNwpkt�V. iW bd WC -100; TO zwz a 'UPW 4S4-qti81b-606: 'ON Xkid S31U1-l75SHQNU5NUA3CFJ", WO?JJ CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as o€ February 5,-2002, by and between the qity of Diamond Bar, a municipal corporation ("City") and David Evans and Associates Inc., ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an indepe dent contractor to provide "As Needed" landscape architectural review consulting servic s to City as set forth in Exhibit "A", the City's Request for Proposals, dated Octob r 24, 2001. B. Consultant represents that it is fully qualified to perform such cons Iting services by virtue of its experience and the training, education and expertise f its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the and conditions herein contained, the parties hereto agree as follows: j. . Consultant's Services. A. Scope of Services. The nature and scope of the specific se to be performed by Consultant are as described in Exhibit "B", the Consu Response, dated November 19, 2001, to the City's Request for Proposal. B. Level of Services/Time of Performance. The level of and timof the specific services to be performed by Consultant are as set forth in Exhibit "B." 2. Term of Agreement. This Contract shall take effect February 5, and shall continue until February 5, 2005, with the possibility of two (2) additional renewals, unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each sen which Consultant performs to the satisfaction of City in compliance with the schec set forth in Exhibit "B. Payment will be made only after submission of proper invoi, in the form specified by City. Total payment to Consultant pursuant to this Agreem shall not exceed TWENTY FIVE THOUSAND DOLLARS ($25,000.00). 4. General Terms and Conditions. In the event of any inconsister between the provisions of this Agreement and Consultant's proposal, the provisions this Agreement shall control. 5. Addresses. City: City Manager Consultant: David Evans and City of Diamond Bar - Assoicates, Inc. 21825 E. Copley Drive 800 N. Haven Ave., Diamond Bar, CA 91765-4177 Suite 300 Ontario, CA 91764 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a independent contractor. Consultant shall have no power to incur any debt, obliga liability on behalf of City or otherwise act on behalf of City as an agent. Neither C any of its agents shall have control over the conduct of Consultant or Consultant's employees, except as set forth in this Agreement. Consultant shall any time, or in any manner, represent that it or any of its agents or employees any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts pais Consultant under this Agreement, and to indemnify and hold City harmless from and all taxes, assessments, penalties, and interest asserted against City by reason the independent contractor relationship created by this Agreement. In the event City is audited by any Federal or State agency regarding the independent contra status of Consultant and the audit in any way fails to sustain the validity of a wh independent contractor relationship between City and Consultant, then Consuls agrees to reimburse City for all costs, including accounting and attorney's fees, arisc out of such audit and any appeals relating thereto. oily , or nor of at in to Of at C. Consultant shall fully comply with the workers' compensation I w regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply w th applicable worker's compensation laws. City shall have the right to offset against t e amount of any fees due to Consultant under this Agreement any amount- due to C ty from Consultant as a result of Consultant's failure to promptly pay to City a y reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at - standard of care and skill ordinarily exercised by members of the profession ur similar conditions. 8. Indemnification. Consultant agrees to indemnify the City, its offii agents, volunteers, employees, and attorneys against, and will hold and save them each of them harmless from, and all actions, claims, damages to persons or prop penalties, obligations, or liabilities that may be asserted or claimed by any person� entity, corporation, political subdivision or other organization arising out of thev� errors or omissions of Consultant, its agents, employees, subcontractors, or invit including each person or entity responsible for the provision of services hereunder. Mi In the event there is more than one person or entity named i the Agreement as a Consultant, then all obligations, liabilities, covenants and conitions under this Section 8 shall be joint and several. 9, Insurance. Consultant shall at all times during the term of this Agre meat carry, maintain, and keep in full force and effect, with an insurance company admi d to do business in California and approved by the City (1) a policy or policies of broad form comprehensive general liability insurance with minimum limits of $1,000,0 0.00 combined single limit coverage against any injury, death, loss or damage as a res It of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in. performance of services under this Agreement; (2) pro erty damage insurance with a minimum limit _of $500,000.00; (3) automotive lia ility insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially c ver damages that may be the result of errors, omissions, or negligent acts of Consulta t, in an amount of not less than $1,000,000 per occurrence; and (5) worker's compens tion insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers sha 1 be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy (les) as to comprehensive ge eral liability, property damage, and automobile liability shall provide that they are prim ry, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance cover ge shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consul ant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Consult nt pursuant to the terms of this Agreement; shall be issued by an insurance comp ny which is admitted to do business in the State of California or which is approve in writing by the City; and shall be placed with a current A.M. Best's rating of rro less th A VII. C. Consultant shall submit to City (1) insurance certificates indicat g compliance with the minimum worker's compensation insurance requirements abo e, and (2) insurance policy endorsements indicating compliance with all other minimm insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on Ci 's appropriate standard forms entitled "Additional insured Endorsement", or a substanti ly similar form which the City has agreed in writing to accept. 10. Confidentiality. Consultant in the course of its duties may have accl to confidential data of City, private individuals, or employees of the City. Consult covenants that all data, documents, discussion, or other information developed received by Consultant or provided for performance of this Agreement are deerr confidential and shall not be disclosed by Consultant without written authorization City.. City shall grant such authorization if disclosure is required by law. All City d shall be returned to City upon the termination of this Agreement. Consultant's covWant under this section shall survive the termination of this Agreement. Notwithstai the foregoing, to the extent Consultant prepares reports of a proprietary nature specifi ally for and in connection with certain projects, the City shall not, except with Consult nt's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant inj the performance of this Agreement shall be and remain the property of City witout restriction or limitation upon its use or dissemination by City. !` 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services t be performed by Consultant under this Agreement, or which would conflict in any ma ner with the performance of its services hereunder. Consultant further covenants tha , in performance of this Agreement, no person having any such interest shall be emplo ed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensate n, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to q1ty as a result of the performance of this Agreement. Consultant's covenant under tis section shall survive the termination of this Agreement, 13. Termination. Either party may terminate this Agreement with or wit cause upon fifteen (15) days' written notice to the other party. However, Cans! shall not terminate this Agreement during the provision of services on a part! project. The effective date of termination shall be upon the date specified in the n of termination, or, in the event no date is specified, -upon the fifteenth (15th) following delivery of the notice. In the event of such termination, City agrees to Consultant for services satisfactorily rendered prior to the effective date of terming Immediately upon receiving written notice of termination, Consultant shall disconi performing services. 14. Personnel. Consultant represents that it has, or will secure at its ov expense, all personnel required to perform the services under this Agreement. All of tl services required under this Agreement will be performed by Consultant or under supervision, and all personnel engaged in the work shall be qualified to perform su+ services. Consultant reserves the right to determine the assignment of its ov employees to the performance of Consultant's services under this Agreement, but G reserves the right, for good cause, to require Consultant to exclude any employee frc performing services on City's premises. it P. 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, relit sex, marital status, national origin, ancestry, age, physical or mental handicap, mec condition, or sexual orientation, in the performance of its services and duties pursuar this Agreement, and will comply with all rules and regulations of City relating the( Such nondiscrimination shall include but not be limited to the following: employm upgrading, demotion, transfers, recruitment or recruitment advertising; layoff termination; rates of pay or other forms of compensation; and selection for train including apprenticeship. ion, to or B. Consultant will, in all solicitations or advertisements for employ es placed by or on behalf of Consultant state either that it is an equal opportunity empirwer or that all qualified applicants will receive consideration for employment without reg rd to race, color, creed, religion, sex, marital status, national origin, ancestry, age, phys cal or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted inl all subcontracts for any work covered by this Agreement except contracts or subcontra is for standard commercial supplies or raw materials. 16. Assignment. Consultant shall not assign or transfer any interest in i Agreement the performance of any of Consultant's obligations hereunder, with the prior written consent of City, and any attempt by Consultant to so assign 1 Agreement or any rights, duties, or obligations arising hereunder shall be void and of effect. 17. Performance Evaluation. For any contract in effect for twelve months longer, a written annual administrative performance evaluation shall be required witl ninety (90) days of the first anniversary of the effective date of this Agreement, a each year thereafter throughout the term of this Agreement. The work product requir by this Agreement shall be utilized as the basis for review, and any comments complaints received by City during the review period, either orally or in writing, shall considered. City shall meet with Consultant prior to preparing the written report. If a noncompliance with the Agreement is found, City may direct Consultant to correct t inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable ordinances, codes and regulations of the federal, state, and local governments. 19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party any one or more of the conditions of performance under this Agreement shall not be waiver of any other condition of performance under this Agreement. In no event shy the making by City of any payment to Consultant constitute or be construed as a wain by City of any breach of covenant, or any default which may then exist on the part Consultant, and the making of any such payment by City shall in no way impair prejudice any right or remedy available to City with regard to such breach or default. 20. Attorney's Fees. In the event that either party to this Agreement hall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding sha I be entitled to recover its costs of suit, including reasonable attorney's fees and c sts, including costs of expert witnesses and consultants. 21. Notices. Any notices, bills, invoices, or reports required by his Agreement shall be deemed received on (a) the day of delivery if delivered by hnd during regular business hours or by facsimile before or during regular business ho rs; or (b) on the third business day following deposit in the United States mail, post ge prepaid, to the addresses heretofore set forth in the Agreement, or to such o er addresses as the parties may, from time to time, designate in writing pursuant to he provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which toget er shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other docume! incorporated herein by specific reference, represent the entire and integral agreement between Consultant and City. This Agreement supersedes all prior oral written negotiations, representations or agreements. This Agreement may not amended, nor any provision or breach hereof waived, except in a writing signed by t parties which expressly refers to this Agreement. Amendments on behalf of the City i only be valid if signed by the City Manager or the Mayor and attested by the City Cled 25. Exhibits. All exhibits referred to in this Agreement are incorpo herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as the date first written above. "City" ATTEST: ByL ' ,,U? c Lynda Burgess, City Clerk CITY OF DIAMOND BAR By• 1Yi , Q - Wen C ang, Mayor Approved as to form: By: City Attorney "CONSULTANT" powi ai Evans Assoc,;.r--cs� Inc— By: Its: e. re ; d r + Agenda # Meeting I CITY COUNCIL AGENDA PORT r9�9 TO: Honorable Mayor and Members of the City Council 7 VIA: Linda C. Lowry, City Manager TITLE: Consideration of Approving Resolution No. 2002 -XX In Support of Priority T eatment of Metrolink's Riverside Line by the Union Pacific Railroad Company RECOMMENDATION: The City Council Legislative Subcommittee recommends that the City Council approve Re olution 2002 -XX supporting Metrolink's efforts to receive contractually obligated priority treatment from Union Pacific. FINANCIAL. IMPACT: The action of supporting this position has no cost, BACKGROUND: The Southern California Regional Rail Authority (SCRRA) has asked cities to adopt esolutions supporting improved Metrolink access to the Union Pacific Railroad Riverside line. Metro ink has an agreement with Union Pacific (UP) to serve 12 passenger trains per day. The contract sp cified that passenger rail need would be given the highest priority during commute hours on the rail I ne. While the line is owned by UP, the contract was quite clear and was entered into with the and rstan ling that there would be adequate capacity to serve 12 passenger trains per day as well as thf railroad's freight needs. During the eight years that have elapsed, it does not appear that the Metrolink passengers ave been accorded the priority detailed in the contract. Due to the ongoing problems with UP, nd out of concern for its passengers, Metrolink has embarked on an aggressive campaign to force c mpliance from UP. The first action was a formal Letter to Cure to UP demanding action to ens re better performance. This formal letter starts the clock on what can lead to a binding arbitratio hearing. Metrolink has also made a concerted effort to address the needs of passengers by verifyi g delays with employers and offering discounts on monthly passes. The Riverside County Transportation Commission (RCTC) will be working with Metrol nk toidentify and communicate the specific actions that will need to be taken to improve the performa ce of the rail line. Seeking solutions will be an important component of local lobbying and communication with federal representatives. ANALYSIS: As indicated in the language of the attached resolution, the ability lof Riverside transportation authorities to offer their residents reliable rail options to commute toos Angeles reduces traffic on local streets and freeways. This has a direct impact on the ( lity of life in Diamond Bar. Offering a resolution of support to Metrolink from a non -Inland Empire City also testifies to the regional implications of the failure of UP to comply with the terms of the origial operating agreement with Metrolink. Attachments: Proposed Resolution RESOLUTION NO. 2002-' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND B R IN SUPPORT OF PRIORITY TREATMENT OF METROLINK'S RIVERSIDE LINE BY THE UNION PACIFIC RAILROAD COMPANY WHEREAS, Metrolink train service has become a valuable and effective form of transportation for thousands of Riverside County residents who commute to L s Angeles or Orange Counties; and WHEREAS, Each commuter using the Metrolink train relieves traffic congesti n on the freeways and streets; and WHEREAS, Riverside commuter traffic diverted to Metrolink reduces t e negative impact of cross -county traffic on the streets of Diamond Bar; and WHEREAS, the Riverside County Transportation Commission and Metroli k lease track rights from Union Pacific railroad for the operation of commuter r it service from Riverside to Union Station in Downtown Los Angeles, and WHEREAS, the Riverside County Transportation Commission and Metrolin paid more than $71 million to Union Pacific for capital improvements an operating rights to accommodate 12 daily passenger trains; and WHEREAS, the agreement between Metrolink and Union Pacific requires tha priority be given to the operation of passenger trains; and WHEREAS, in apparent violation of the agreement, Union Pacific has give priority to its own freight operations; and WHEREAS, Riverside County passengers routinely experience delays of mor than 30 minutes during their commute; and WHEREAS, on-time performance on the Riverside line is the worst among the five -county Metrolink system; and WHEREAS, the Riverside County Transportation Commission and Metrolink are seeking to enhance and improve Metrolink service but are unable to do so without the cooperation of Union Pacific; and WHEREAS, the Metrolink Board of Directors recently issued a "Letter to Cure" to Union Pacific seeking an immediate improvement toward operating conditions on the Riverside line; and WHEREAS, the issuance of a "Letter to Cure" legally starts the clock on what could lead to a costly and time-consuming arbitration process. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND HEREBY RESOLVES: SECTION 1. Priority treatment of commuter traffic on rail relieves overall congestion. SECTION 2. The effort of RCTC and Metrolink to improve rail options or commuters also serves the interests of the City of Diamond Bar by removi g traffic from local freeways and streets. SECTION 3. As a local jurisdiction affected by Union Pacific Railroad's failu e to comply with the terms of the Riverside Operating agreement, the City must support the legal actions taken by RCTC and Metrolink to force acceptsle performance from Union Pacific. SECTION 4. The City Clerk shall certify to the adoption of this Resolution a transmit the same to Diamond Bar's legislative delegations as well as those the Inland Empire. PASSED, APPROVED AND ADOPTED this , 2002. Mayor Chang day 1, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby cert that the foregoing Resolution was passed, approved and adopted at a regu meeting of the City Council of the City of Diamond Bar held on d of , 2002, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Lynda Burgess, City Clerk City of Diamond Bar CITY COUNCIL Agenda # 2 Meeting Date: AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manage dAAy_ TITLE: A Resolution of the City Council of the City of Diamond Bar Adopting a Neig borhood Improvement (Code Enforcement) Policy RECOMMENDATION: It is recommended that the City Council adopt the Resolution. BACKGROUND: The City Council has established Goals and Objectives which include enhancements to the current level of Code Enforcement activity. A Council Subcommittee has been established to develop and recommend policies and programs to protect and preserve the integrity of property values Within all neighborhoods (residential and commercial) within the City. Since Incorporation in 1989, code enforcement policies and activities have varied in scope and intensity. In 1999, the City Council approved the implementation of a limited pro -active pr gram and established the use of citations as an additional tool to achieve code compliance. In December 2001, the City Council established a Neighborhood improvement Subcommit ee comprised of Mayor Chang, Council Member Zirbes, and city staff. The Subcommittee ha met several times since January 2002 to review policies and procedures of the current code enforcement program. The Subcommittee has developed the following recommendations to enhance code enforcement for consideration by the City Council: • Change the title of Code Enforcement Officer to Neighborhood Improvement Office • Expand "pro -active" patrol and activity levels. • Expand the use of Citation Authority and fines in order to attain code compliance. • Adopt a Resolution incorporating the above within an overall Neighborhood Improv Policy. nt Agenda # Meeting Date: CITY COUNCIL I. AGENDA P " 1r TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager,' TITLE: Consideration of Membership into the National League of Cities RECOMMENDATION: It is recommended that the City Council reconsider the issue of membership into the Natior al League of Cities and direct staff accordingly. FINANCIAL IMPACT: According to the National League of Cities, the City will be eligible for a 50% discount on its first-year membership dues, or $1,765. After the inaugural year of membership, the dues return to the existing amount of $3,530, barring any future increases. This expenditure was not allocated for in the Fiscal Year 2001-02 budget and would need to be appropriated from the General Fund. BACKGROUND/DISCUSSION: Founded in 1924, the National League of Cities (NLC) provides numerous support services 1800 cities throughout the country, with California cities accounting for 114 of the total amoL According to the NLC, the following benefits are provided to member cities: • Advocacy and support services for city issues on the federal level • Access to proven programs already employed by other cities • Access to innovative solutions, products and techniques • Opportunities to develop abilities through workshops and seminars • The ability to network with numerous cities throughout the country • Discounts off of registration fees to their annual conference In addition, the NLC represents 49 state municipal leagues, including the League of Ca However, while the League of California Cities targets its advocacy efforts on a more st level, the NLC provides support for cities through a more national, collective effort. The over i Cities. ie, local , many of the issues which the City deems as critical may not be considered as important on the �atjonal level. This matter was initially discussed by Council in July of 2001 and the Mayor has asked th re -consider the request at this time, t Council Attachment: Summary of NLC member cities from California Prepared by: Todd Strojny, Senior Administrative Assistant NLC Member Cities NLC Member Cities From the State of California (114) (Updated Nightly) Population based on 2000 Census Presented Alphabetically left to right ci Population City Population Alhambra 85,804 Antioch 90,532 Arcata 16,651 Bakersfield 205,508 Baldwin Park 75,837 Bell Gardens 44,054 Bellflower 72,878 Berkeley 102,743 Beverly Hills 33,784 Brea 35,410 Brentwood 13,212 Buellton 3,828 Burbank 100,316 Campbell 38,138 Carson 89,730 Cerritos 51,488 Chico 59,954 Chula Vista 164,914 Claremont 33,998 Commerce 12,568 Compton 93,493 Concord 121,780 Corona 124,966 Culver City 38,816 Danville 41,715 Duarte 21,486 East Palo Alto 29,506 El Centro 37,835 El Monte 115,965 Escondido 133,559 Eureka 26,128 Fontana 128,929 Fremont 203,413 Fresno 427,652 Glendale 185,086 Hayward 140,030 Hemet 52,781 Hercules 19,797 Indian Wells 3,816 Inglewood 112,580 Irvine 143,072 Irwindale 1,446 La Canada Flintridge 20,318 La Habra 58,974 La Quinta 23,694 Livermore 73,345 Lodi 56,999 Long Beach 461,522 Los Alamitos 11,536 Los Angeles 3,694,820 Los Gatos 28,592 Lynwood 69,845 Malibu 12,575 Millbrae 20,718 Milpitas 62,698 Mission Viejo 93,102 Modesto 188,856 Monrovia 36,929 Montclair 33,049 Monterey 29,674 Moreno Valley 142,381 Mountain View 70,708 Murrieta 44,282 Norwalk 103,298 Oakland 399,484 Oxnard 170,358 Pahn Desert 41,155 Palm Springs 42,807 Palmdale 116,670 Palo Alto 58,598 Pasadena 133,936 Pico Rivera 60,683 Pittsburg 56,769 Placentia 46,488 Pomona 149,473 Porterville 36,420 http://www.nlc.org/nIc_org/site/membership/city_membership/results.efin?members MEM... NLC Member Cities Rancho Cucamonga 127,743 Redondo Beach 63,26 Richmond 99,216 Riverside 255,16 Rocklin 36,330 Rohnert Park 4.2,23 Rosemead 53,505 Salinas 151,06 San Bernardino 185,401 San Carlos 27,71. San Diego 1,223,400 San Francisco 776,73 San Gabriel 39,804 San Jose 894,94 San Leandro k 79,452 San Pablo 30,31 Santa Ana 337,977 Santa Barbara 92,32 Santa Clarita 151,088 Santa Fe Springs 17,43 Santa Monica 84,084 Santa Rosa 147,59 Signal Hill 9,333 Simi Valley 111,35 Stockton 243,771 Sunnyvale 131,76 Temecula 57,716 Thousand Oaks 117,00 Torrance 137,946 Tulare 43,99 Turlock 55,810 Union City 66,86' Vernon 91 Visalia 91,56; West Covina 105,080 West Hollywood 35,71 Windsor 22,744 Yorba Linda 58,91: 2 of 2 http://www.nlc.orgInle_orgIsite/membershiplcity_ nembershiplresults.efxn?members MEM... 3/28/02 DISCUSSION: In order to further ongoing initiatives (which have included the creation of a "Courtesy Notice to Correct Violation" and informational brochures), staff has developed the attached Neighbrhoo( Improvement Policy Statement for consideration and adoption by the City Council. A Resolution has been prepared, which is intended to govern the actions of employees or agents of the City engaged in code enforcement activities. The Resolution outlines a proposed stat ment of policy regarding Neighborhood Improvement responsibilities, priorities, and code complia ce guidelines. Prepared By I James DeStefano, Deputy City Manager Attachment 1. Draft Resolution 2. Courtesy Notice To Correction Violation 3. Neighborhood Improvement Brochures RESOLUTION NO. 2002-.25 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING A NEIGHBORHOOD IMPROVEMENT (CODE ENFORCEMENT) POLICY WHEREAS, since incorporation in 1989, Code Enforcement duties in t)� City of Diamond Bar have varied in scope and intensity; and WHEREAS, to avoid any confusion and to establish the policy of the Cii Council, duties should be reviewed and approved a City policy statement; and WHEREAS, the City desires to adopt a resolution establishing policies fc implementation to attain compliance with City ordinances; and WHEREAS, it is the intention of the City Council to ensure that sta implements these ordinances in a manner that is uniformly applied fair an reasonable; and WHEREAS, to accomplish Code Enforcement activity, a polic (Exhibit "A") has been developed; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL O THE CITY OF DIAMOND BAR AS FOLLOWS: SECTION 1. Exhibit A is hereby adopted as the Neig Improvement Policy of the City. SECTION 2. The Mayor is hereby authorized to affix his signature to thi: resolution signifying its adoption by the City Council of the City of Diamond Bar and the City Clerk, or her duly appointed deputy, is directed to attest hereto. PASSED, APPROVED, AND ADOPTED BY THE CITY COUNCIL THE CITY OF DIAMOND BAR THIS 2ND DAY OF APRIL, 2002. WEN CHANG, MAYOR 2002-25 1, Lynda Burgess, City Clerk of the City of Diamond, do hereby certify that 1 foregoing Resolution was passed, approved and adopted at a regular meeting the City Council of the City of Diamond Bar held on the 2nd day of April, 2002. AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar K EXHIBIT A (Resolution No. 2002-25) CITY OF DIAMOND BAR NEIGHBORHOOD IMPROVEMENT (CODE ENFORCEMENT) POLICY Objective: To preserve and advance the public health, safety and welfare, and property values within the City through enforcement of the Municipal Code. Responsibilities: • Respond to complaints and make inspections of private property for violations of the Municipal Code. • Continue property -by -property inspections in residential,, commercial, industrial and other areas within the City for compliance with applicab e ordinances. • Conduct inspections of residential properties for proper maintenance a d zoning compliance. • Coordinate and participate in processing any actions for abatement of structures deemed dangerous by Building and Safety Division staff. • Continue enforcement of all other provisions of the Municipal Code. • Conduct citywide patrol to proactively detect code violations including poo r landscaping conditions and debris, improper use of property, sign violations, and construction without required building permits. • Conduct annual inspections of conditions of approval for discretionaiy permits issued by the City (i.e., Conditional Use Permits, Variances, etc.) • All complaints shall be investigated within two (2) working days and any complainants wishing to receive a response shall be notified within this time frame. • Promptly refer complaints of alleged violations outside the jurisdiction the City to the appropriate governmental agency for compliance. • Maintain regular contact with the complainant except in cases where 1 complainant specifically requests that he/she not be contacted. Policies: The following are the established priorities for code compliance by th Neighborhood Improvement Officers: Resolution No. 2002-2 (Exhibit A) Neighborhood Improvement Policy April 2, 2002 Page 2 1. Abatement of conditions presenting a significant risk to pu health, safety and welfare; 2. Investigation of complaints and service requests received from public; 3. Patrol -generated cases as a result of pro -active activity; 4. Areas of special enforcement: a. Improper placement of trash receptacles. b. Inoperative vehicles. C. Poor landscaping conditions and debris. d. Damaged or deteriorated structures. e. Vacant and abandoned properties. f. Improper signage. g. Construction without permits. h. Improper uses of property. i. Discretionary permit enforcement. Violations of any sections of the Diamond Bar Municipal Code shall dealt with fairly and consistently. Citations shall only be issued in serious cases where no action is made progress is so slow as to cause an inordinate amount of time to obt, resolution. Adequate time must be given for the violation to be corrected. Wh progress continues, the property owner or tenant shall be allow, reasonable time to attain full, voluntary compliance. In general, the following timeline for Code compliance shall be maintaine • Upon observation of a Code violation, the City shall issue a Courte Notice of Violation. Timeline for corrections shall be at the discretion the Neighborhood Improvement Officer or designated employee agent of the City. • Upon observation of a Code violation, the City may issue a citation attain compliance, as circumstances may warrant. • The City may issue a second notice, if progress is noted. • If Code violation continues to exist, the City shall issue a final writti warning. • Following the City's final written warning, if the Code violatli continues to exist, the City shall refer the violation to the C Prosecutor's office (hos Angeles County District Attorney) commence legal action. Resolution No. 2002-25, (Exhibit A) Neighborhood Improvement Policy April 2, 2002 Page 3 Conduct observations and investigations from public property or frt private property with the specific advance permission of the propel owner, tenant or occupant, or their agent or representative. Complair regarding a health matter, not visible from public -right-of-way, shall I referred to the Los Angeles County Health Department. Daily logs shall be maintained and may be reviewed as part of the pub record. Confidentiality of the complaining party shall be maintained in all case No complainant shall be revealed to the public including individu members of the City Council. All anonymous complaints shall be accepted and acted upon. It is the policy of the City Council to seek voluntary compliance fro persons who violate the provisions of the Diamond Bar Municipal Code. CITY OF DIAMOND BAR COMMUNITY AND DEVELOPMENT SERVICES DEPARTMENT 21825 E. COPLEY DRIVE DIAMOND EAR, CA 91765 (909)396-5676 COURTESY NOTJCE TO CORRECTATIOLATION LOCATION DIAMOND BAR, CALIFORNIA A NEIGHBORHOOD IMPROVEMENT OFFICER INSPECTED. THE PROPERTY DESCRIBED ABOVE AND OBSERVED THE FOLLOWING VIOLATION(S) OF THE DIAMOND BAR MUNICIPAL CODE: ❑ Improper time and date of placement of trash containers 1DBMC § 8.16.100] ❑ Storage of abandoned or inoperative vehicles [DBMC § 10.20.010] ❑ Encroachment within public streets or sidewalks [DBMC § 12.04.1401 ❑ Construction without proper permits [DBMC § I5.00.301] ❑ Storage of debris/materials/trash cans in public view [DBMC § 22.34.030 (a)(1)] ❑ Parking of vehicle on unpaved surface [DBMC § 22.34.030 (b)] ❑ Damage or deterioration of structure [DBMC § 22.34.030 (c)] ❑ Poor landscaping conditions [DBMC § 22.34.030(d)] ❑ Unsafe and non -permitted fences or walls (DBMC § 22.34.030(e)] ❑ Improper display of temporary banners [DBMC § 22.36.0401 ❑ Non -permitted signs [DBMC § 22.36.0801 ❑ Improper use of property (DBMC § 22.42.0101 ❑ Other: A Neighborhood Improvement Officer will visit the property in days to ensure compliance with our community standards. Please correct the listed violation(s) by or a citation and a $100 fine shall be issued. If you have any questions regarding this notice, or would like to schedule an appointment to meet with a Neighborhood Improvement Officer to discuss the City Code or other concerns in your neighborhood, please do not hesitate to contact Officer at (909) 396-5676. Thank you for your assistance in maintaining Diamond Bar as a beautiful and safe place to live, work, and play. Date: Signed: Neighborhood improvement Officer Copies to: CITY OF DIAMOND Diamond Bar's reputation as a c mmunity of attractive and well-maintained neig borhoods is based substantially on the high standait s contained in the Diamond Bar Municipal Code. T ese standards are set by the community. A team approach or partnership between the City and its residents and businesses will make them a reality. Only through compliance with the community stars ards, can we preserve property values and ensure t Diamond Bar remains a desirable place to live, wc rk, and play. Neighborhood Improvement O ers work proactively and respond to citizen's requests to review properties in the community. s part of the City's continuing program, Neighborhood Improvement Officers have vi ited your neighborhood. Please correct the listec violation(s) by the requested date. If you have aiy questions regarding this notice please contact tie identified officer. AI Flores, Neighborhood Improvement (909) 396-5676, extension 251 al. bores @ci.diamond-bar.ca.us Ruben Soriano, Neighborhood Improve7t Officer (909) 396-5676, extension 264 rubtn-.soriano@ci.diamond-bar.ca.us City of Diamond Bar info To Go Line (909) 612-4636 (909) 861-3117 FAX m`(D Co•o.D @ OOcr Qm�mZ Cr ?s CD oo�o �cm a— Ram'o v �' TI a O== Q 4 w O - m p Q m W W '.0 Q= m 3 m y m 7 IIs CD Cr 0. a CL Wo b a a ° < � cQ W 3 7 m N ^ CL � } „ Z -s n L W W W W n Q -"' w m O Q W 7-0 ? 0, O ro �oWw0 Wo. g060 Womooa �mCL ���� oWCD r- -�'w.Y O W m Q W W 4 = Q o I3o -A < =� m W m t1 �.c0 mmmoa0i 'ma?QatoZCL ���_ @��Wa �a�o co CL CL m m `Z N 7 '{ O 0 N W m 01 W A_ Q :3 ' 0 m y fl; cq a o_ 5 m w m 'a d ci O c m iu 'G C. 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Cop ley€ Diamond Bar, Ca 91765���AN ��3t www.CiityofDiamondBar com o m o 'a 1z y, C 5 LVC C E �u�� �� Cil dU. O O ZZ y,o 0 U) y E V "�••' �q N tiY j � O U �y 0 O o 7 .0 m O U co C y rlY. M U a E 0 G m 0 U C .YwO m y 0E�No O •i. �' O 0 >,0 L aCd - . 0_ M cis E � U0 o.E� o o m a�co�c� c Al (D y d —E rCz o m'o mc0 ow o E �m NYo m m. o C O dY :3a � d�a�mU z �0CA E i= w O p O IM q E U r M d MM C 7 O 3 O 0 — M S1 m Q U.�•0 =N� 0 W O r O EO0 orn rnmS is 0 ❑ NZLq m is G N O O Lp 2 a q? E W, - 0 Z .�a0ZE3 U 50 O � CITY COUNCIL _77JTr�_ To: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager Agenda # s . 3 Meeting Date: kpril 2, 2002 AGENDA REPORT TITLE: Business Expansion Agreement with SIGMAnet RECOMMENDATION: It is recommended that the City Council approve the Agreeme BACKGROUND: SIGMAnet is an information technology and fulfillment services company providing to hnical and professional services to business. Their headquarters has been located in Diamond Bar ince 1986. They have received offers to relocate its business to the City of Chino. As they are a signi scant sales tax producer, it is in the City's interest to consider entering into an agreement with SIGMA et in order to retain and expand the business within the City of Diamond Bar. SIGMAnet has been offered a significant sales tax rebate and other incentives to relocate of Chino. On December 6, 2001, the City Council received a report from City staff, discus: and provided staff with direction to offer a business expansion agreement. On Decemb staff met with Mr. Ahmed Al Khatib, the Founder and Chief Executive Officer of the con December 17, 2001, the City Council met to discuss a revised proposal from SIGMA provide direction to staff. The City Council reviewed proposed revisions to the agreement 15, 2002 providing further negotiating direction to staff. DISCUSSION: It is proposed that the City and SIGMAnet enter into a three-year business expansion a+ Throughout the length of the agreement, SIGMAnet agrees to expand and maintain its headquarters within the City of Diamond Bar. The City proposes to reimburse fifty (50) per sales taxes generated by SIGMAnet and remitted to the City by the State Board of Ec during the 3 -year term of the agreement. Should SIGMAnet relocate to another jurisdiction first year of the agreement, seventy-five (75) percent of the sales tax receipts receiver returned to the City of Diamond Bar. If SIGMAnet relocates to another jurisdiction i remaining 24 months, fifty (50) percent of ail sales tax receipts received by SIGMAnet returned to the City. :o the City :d options r 7, 2001, zany. On et and to n January company ;ent of all .ralization within the shall be rithin the shall be SIGMAnet intends to expand its 10,000 square foot, 50 -employee business, by leasi g additional office space within the existing building. Because the entire building facility has limited Iparking, the City is assisting SIGMAnet with additional parking spaces to be placed immediately adjcent to the business along Diamond Bar Boulevard. The City Council has previously been provided with confidential information regarding th generated by. SIGMAnet. The retention and expansion of SIGMAnet is anticipated to c $1.2 million to $1.6 million in sales taxes over the next three years. The actual contribi tax will be determined by the activity level and success of the business.In accorda proposed agreement, 50 percent of all sales taxes generated by SIGMAnet shall be re business. Staff estimates the total 3 -year amount of the return to be approximately $785,000. The objective of this proposed agreement is to facilitate business expansion of a maji producer for the City of Diamond Bar. With limited opportunities for new commercial c growth in sales taxes will primarily be generated from the retention and expansion of within the City. Prepared By James DeStefano Deputy City Manager Attachment: Draft Agreement sales taxes nerate from on of sales ,e with the med to the 597,000 to sales tax AGREEMENT This Agreement is entered into by and between the CITY of DIAMOND B , a California municipal corporation (hereinafter "City") and SIGMAnet, a California corporati n (hereinafter "SIGMAnet"). RECITALS A. SIGMAnet is a computer hardware, software and support service company with approximately fifty employees located in 10,000 square feet of rc ntal space at 732 North Diamond Bar Boulevard in the City. In calendar y-,ar 2002, SIGMAnet will have an estimated $60 million in gross sales, ar d $40 million in taxable sales, producing approximately $400,000 in sal s tax revenue to City, placing it among the City's largest sources of We tax revenue. B. SIGMAnet anticipates a 40% increase in revenues by 2004, and grow in its employee force as to require larger quarters. SIGMAnet has becn offered financial incentives from a number of nearby cities to relocate o larger facilities outside the City of Diamond Bar; were that to happen, e City would lose a significant share of its total annual sales tax revenue . C. SIGMAnet will relocate from the City unless City provides it with cei financial incentives; it is in the best interests of City and its residents induce SIGMAnet to retain and expand its headquarters in the City an retain the significant future tax revenues anticipated from SIGMAnet' expanded business operations. D. The parties agree that the amount of City's financial incentives each y this Agreement is in effect is a fair exchange for the consideration act' furnished by SIGMAnet pursuant to this Agreement, that payments to made by City in each year will not exceed the resources available to n such payment, and that in no event will City be immediately indebted SIGMAnet for the aggregate payment herein provided. E. The purpose and intention of City in providing the herein financial incentives is to induce SIGMAnet to retain and expand its headquarters facility in the City so as to advance the economic development of the Ci enhance local employment opportunities and expansion the City's tax K / base. NOW, THEREFORE, in consideration of the foregoing and of the promise and covenants set forth herein, the parties agree as follows: 1.. Obligations of SIGMAnet. 1.I_ SIGMAnet agrees to maintain continuously the op{ of its headquarters facility at its current location or any othe location within the City for not fewer than three years from date hereof, during which time it shall use its bestcommerch reasonable efforts eensistent with sot ,a bus;�s�ati�t generate projected in sales tax revenue to City and employ th numbers of employees in accordance with the chart set forth Exhibit A attached hereto and incorporated herein by referen Notwithstanding the foregoing, SIGMAnet does not guar any amount of sales tax revenue during the term of this Agreement. 1.2_ SIGMAnet shall make commercially reasonable efforts to Diamond Bar residents in its headquarters facility to the e: consistent with law. 2. Obligations of City. 2.1 City shall prioritize the processing of SIGMAnet's applications for expansion of its headquarters facility at its c location, and for any satellite location within the City, and all permit application and processing fees in connection therewith. 2.2 For a period of three years commencing with the 1" quarter of calendar year 2002 and ending with the 4`h quarter of year 2004 City shall pay to SIGMAnet, each year that City receives tax receipts from sales generated by SIGMAnet in excess of $200, 0, an amount each year equal to 50% of 44eall sales tax receipts generated by SIGMAnet and remitted to City by the State Boar of Equalization. The amounts due hereunder shall be payable from any source funds legally available to City. The determination of the sour funds shall be in the sole and absolute discretion of City. In t 3 of regard, SIGMAnet acknowledges that City is not making a pl dge of sales tax receipts, and that the definition of "sales tax recei ts" as used herein is used merely as a measure of the amount of payment due and as a means of computing consideration undf r this Agreement. Payments due by City to SIGMAnet hereunder shall be made annually, an or- bef9fe May I" and Ne—M-49--ar 14 off eaoh ye—ar- within thirty (30) days of receipt by City of SIGMAnet's quarterly sales tax returns to the State Boar of Equalization. "Sales tax receipts" means that portion of taxes derived and received by City and legally available for unrestricted use fro the imposition of the Bradley Burns Uniform Sales and Use Tax aw, California Revenue and Taxation Code §§ 7200 et seq., as amended, or successor statute, arising from all taxable busin ss activities conducted on the Property. Computations of sales t receipts shall be less any State Board of Equalization adjustme is that would have modified previous payments to SIGMAnet, the May 1" payment shall be defived from sales se - . pr-eeeding November- thmugh A01, and the Ne*,ember-1 Qewbef), as confirmed by reports furnished from the State B of Equalization and sales tax returns filed by SIGMAnet. SIGMAnet hereby authorizes the release to City of such information contained in its sales tax returns as necessary for to comply with this Agreement. SIGMAnet fail to generate $200,000 in sales tax receipts in given calendar year, SIGMAnet shall refund to City all amounts paid by City to SIGMAnet pursuant to this paragraph, for that calendar year. 2.3 City shall establish not fewer than 20 on -street public parld spaces fef ose by SIGMAnet's the immediate vicinity of 732 North Diamond Bar Boulevard. 3. Conditions Precedent. 0 3.1 The obligation of City or SIGMAnet to perform under this Agreement is contingent upon the absence of litigation I idi g or threatened challenging this Agreement or the implementation thereof. 3.2 Upon failure of the above condition precedent, this Agreem shall automatically terminate and be of no further force and 4. Compliance with All Laws and Ordinances. In the performance of it obligations under this Agreement, SIGMAnet shall comply with all applicable laws, regulations, standards and ordinances. In the event that any State or federal law or regulation enacted after the effective date of this Agreement prevents or precludes compliance with any provision of this Agreement, or in the event of a final published decision of the California Court of Appeal or the California Supreme Court invalidating this Agreement, or in a lawsuit arising in another jurisdiction, an agreement substantially similar to this Agreement, this Agreement shall be automatically deemed modified, suspended or terminated to comply with such changes in the law. 5. Lade_.... 4yln connection with any lawsuit challenging the legality this Agreement, City shall defend and hold harmless SIGMAnet and against any liability or judgments, including reasonable attt fees and costs, arising from such a lawsuit. 5. Non -Responsibility of City. The sole purpose of this Agreement is to provide SIGMAnet with a financial inducement to retain and expand its headquarters in City. SIGMAnet and the City are not joint venturers, partners, co -investors or co-owners. SIGMAnet alone is responsible for the operations and activities on its premises. 14enee, City (and its o ffi ,,.... control over SIGMAnet's property or its operations or activities. 6. Transfer of Interest in Agreement. 6.1 The qualifications and identity of SIGMAnet are of particul concern to City. The parties acknowledge that City has negotiated this Agreement in contemplation of SIGMAnet retaining and expanding its headquarters in the City and the sales tax reven e to be generated thereby. Accordingly, during the term of this Agreement no voluntary or involuntary successor in interest of SIGMAnet shall acquire any rights or powers under this Agreement without the prior written approval of City, except is provided herein. 6.2 SIGMAnet shall deliver written notice to City requesting apps of a transfer or assignment of its rights under this Agreement, accompanied by sufficient evidence demonstrating the propos transferee's operational qualifications and experience and its financial resources and commitments in sufficient detail to en City to evaluate whether the transfer is consistent with the pin of this Agreement. Approval of a transfer shall not be iH-Cqt� se4e and a,- s alu*o dicer tie unreasonably withheld. 6.3 Notwithstanding the foregoing, a transfer to an entity or entit that controls, is controlled by or is under common control wi SIGMAnet does not require approval by City. 7. Defaults and Remedies. 7.1 Occurrence of any or all of the following shall constitute a under this Agreement: (A) Failure or refusal on the part of either party to perform a material term or obligation of this Agreement. (B) The filing of a petition in bankruptcy by or against SIGMAnet, or the appointment of a receiver or trustee of any property of SIGMAnet or an assignment by SIGMAnet for the benefit of creditors, or adjudication that SIGMAnet is insolver a court, and a failure of SIGMAnet to cause such petition, appointment or assignment to be removed or discharged withit 0 by sixty days. (C) An unapproved transfer that requires approval of City pursuant to paragraph 6. (D) SIGMAnet's relocation outside the City during the term hereof. (E) Failure of SIGMAnet to report to the State Board of Equalization all taxable sales actually made from the Prop to remit the full amount of the sales tax when due from all sales actually made from the Property. and (F) Establishment of another facility within southern Califo is resulting in a diminution of taxable sales below that reported t the State Board of Equalization in calendar year 2001. 7.2 In the event of any default, the nondefaulting party shall give written notice to the defaulting party. The defaulting party shall commence and cure the default within 30 days; however, if the default cannot reasonably be cured within 30 days, then it shat be diligently pursued thereafter to completion. Failure to cure in his prescribed manner shall entitle the parties to the remedies described in paragraph 7.3. 7.3 In the event of a default, each of the parties shall have the set forth below: (A) In the event of a default by City, SIGMAnet shall have remedies available in law and equity. (B) In the event of a default by SIGMAnet, and without the necessity of seeking judicial relief, SIGMAnet's right to receiv sales tax receipts shall be permanently terminated. In the event of a default by SIGMAnet as described in subparagraphs 7.1(C), ), (E) and (F) during the year 2002, SIGMAnet shall be liable to it3 for and shall return to City 409%75% of the amount paid to SIGMAnet pursuant to paragraph 2.2. Should such a default oc ui during the years 2003 or 2004, SIGMAnet shall be liable to Cit for and shall return to City 50% of the amount paid to SIGMAn t pursuant to paragraph 2.2. 7.4 Neither party shall be liable to the other in damages for an 7 of termination as described in paragraphs 3 and 4 hereof. 8. Notices. All notices under this Agreement shall be given in writing first class mail, personal delivery or facsimile. Mailed notices shall be addressed as set forth but either party may change its address by giving written notice thereof to the other in ac with the provisions of this paragraph: CITY: City of Diamond Bar ATTN: City Manager 21825 E. Copley Drive Diamond Bar, CA 91765-4178 SIGMAnet: Mr. Ahmed Al Khatib Chief Executive Officer SIGMAnet 732 North Diamond Bar Boulevard Diamond Bar, CA 91765-4178 9. Time of the Essence. Time is of the essence of this Agreement and parties' obligations hereunder. 10. Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement. Any action, suit or proceeding related to arising from this Agreement shall be filed in the Los Angeles County Superior Court. 11. Term. This Agreement shall commence upon execution by the parties unless sooner terminated as provided herein, shall remain in effect through December 31, 201 The provisions of paragraph 5 shall survive termination of this Agreement. 12. No Joint Venture. Nothing contained in this Agreement shall he const to render the City in any way or for any purpose a partner, joint venturer or associated in any relationship with SIGMAnet, nor shall this Agreement be construed to authorize any party to as agent for the other. 13. Waiver. The waiver by either party of any breach by the other party as any term, covenant or condition of this Agreement shall not be deemed to be a waiver of such term, covenant or condition or any subsequent breach of the same or any other term, covenant condition. 14. Attome s' Fees. In the event suit is brought for the enforcement of thi; Agreement or as a result of any alleged breach thereof, the prevailing party in such suit shall b entitled to recover its reasonable attorneys' and costs of suit, and judgment or decree r( in such proceeding st include an award then 15. No Third Party Beneficiaries. This Agreement is made and entered for the sole benefit of the parties hereto. No other person shall have any right of action based any provision of this Agreement. lb. Joint Pre arp ation. This Agreement shall be deemed to have been pre and equally by the parties, and it shall not be construed against any party on the ground that party prepared the Agreement or caused it to be prepared. 17. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings, both written and oral. This Agreement may not be modified or amended ex ept in a writing signed by all parties hereto. 18. Authority to Execute. The persons executing this Agreement on beho 1f of each of the parties warrant and represent that they have the authority to execute this Agreem nt on behalf of the party for whom they execute and have the authority to bind the party to the obligations hereunder. IN WITNESS WHEREOF, the parties have executed this Agreement as of dates set forth below. CITY OF DIAMOND BAR By: Mayor ATTEST: City Clerk Dated: M SIGN Anet M. Ahmed Al Khatib, CEO Dated: 10 Agenda No. RA 3.1 - REDEVELOPMENT AGENCY OF THE CITY OF DIAMOND BAR f REGULAR MEETING OF THE BOARD OF DIRECTORS DECEMBER 4, 2001 1. CALL TO ORDER: Chairman Chang called the meeting to order at p.m. in the SCAQMDIGovernment Center Auditorium, 21865 E. Copley Dri Diamond Bar, California. ROLL CALL: Agency Members Herrera, Huff, O'Connor, Chairman Chang. :15 Also present were: Linda Lowry, Executive Director; Mike Jenkins, Agency Attorney; James DeStefano, Deputy City Manager; David Doyle, Deputy City Manager; David Liu, Public Works Director; Bob Rose, Community Se ices Director; Linda Magnuson, Finance Director and Lynda Burgess, Agency Secretary 2. PUBLIC COMMENTS: None Offered. 3. REDEVELOPMENT AGENCY BOARD OF DIRECTORS REORGANIZA 3.1 SELECTION OF CHAIR AM/O'Connor nominated AM/Herrera. AM/Herrera nominated AMID' AM/Huff moved, AMIZirbes seconded, to close the nominations. AM/O'Connor was unanimously chosen as Chairman of the Redevelo Agency. 3.2 SELECTION OF VICE CHAIR AM/Huff nominated AMIZirbes. AMIZirbes nominated AM/Huff. AMIZirbes was unanimously chosen Vice Chairman. 3.3 PRESENTATION TO OUTGOING CHAIR, WEN P. CHANG 4. CONSENT CALENDAR: AM/Huff moved, AM/Chang seconded, to aper Consent Calendar as presented. Motion carried by the following Roll Call AYES: AGENCY MEMBERS - Chang, Herrera, Huff, VCIZirbes, Chair/O'Connor NOES: AGENCY MEMBERS - None ABSENT: AGENCY MEMBERS - None 4.1 APPROVED MINUTES - Regular Meeting of July 17, 2001 - As su 5. AGENCY MEMBER COMMENTS: None Offered. itted. 4 DECEMBER 4, 2001 PAGE 2 CITY COU ADJOURNMENT: There being no further business to conduct, Chair/O'Connor adjou the meeting at 9:20 p.m. ATTEST: Debby O'Connor, Chair LYNDA BURGESS, Agency Secretary Agenda # Meeting Date: Ap i t 2. 2002 DIAMOND BAR REDEVELOPMENT AGENCY REPORT TO: Chairman and Members of the Board VIA: Linda C. Lowry, Executive Director TITLE: Treasurer's Statement — March 31, 2002 RECOMMENDATION: Approve the March 2002, Treasurer's Statement for the Redevelopment Age FINANCIAL IMPACT: No f=iscal Impact BACKGROUND: Per Agency policy, the Finance Department presents the Treasurer's Statem{ Redevelopment Agency Board's review and approval. Due to the change in Redevelopment Agency meeting schedule the following Treasurer's report cc period of May 01, 2001 through March 31, 2002. f PREPARED BY: Gina M. Tharani, Sr. Accountant REVIEWED BY: Departure t Head Attachments: Treasurer's Statement far the ers the DIAMOND BAR REDEVELOPMENT AGENCY TREASURER'S CASH STATEMENT March 31, 2002 ?; 50:112ti(i1 TRANSFERS 3734/20 2 <: BALANCE.. RECEIPTS DISBURSEMENTS 1N(OUr) ;BALAN E REDEVELOPMENT AGENCY GIP FD $41,975.03 $41,975.03 $ .00 LOW & MOD INCOME HOUSING FD - REDEVELOPMENT DEBT SVC FD - TOTALS GENERAL ACCOUNT $0.00 TOTAL DEMAND DEPOSITS $0.00 TOTAL CASH L.A.I.F - Effective Yield for February 2002 2.967% Linda C. Lawry, Treasurer Wen P. Chang Mayor Deborah H. O'Connor Mayor Pro Tem Carol Herrera Council Member Robert S. Huff Council Member Robert P. Zirbes Council Member Recycled paper March 25, 2002 City of Diamond Ba 21825 E. Copley Drive - Diamond Bar, CA 91765-41 John H. Bowler, Jr. 20925 Running Branch Road Diamond Bar, CA 91765 Dear Mr. Bowler: (909) 860-2489 - Fax (909) 861-3117 www.CityofDiarriondBar.com On behalf of the Diamond Bar City Council and community, I wouldike to extend congratulations and commendations on your retirement o over 36 years with the Los Angeles County Sheriffs Department. What milestone! You have provided a valuable service and have been an exemplary individual—serving with the Enforcement Bureau, the special engagement security, and coordinator for the Sybil Brand Institute reconstrction project, to name a few. The Diamond Bar community very fortunate to have the benefit of the expertise and positive char you represent. The Diamond Bar City Council would like to formally recognize this achievement at its Council meeting on Tuesday, April 2, 2002. The meeting begins at 6:30p and is held at the Air Quality Management District (AQMD) Auditorium, 21865 E. Copley Drive, Diamond Bar. Please contact my secretary, Ms. Nancy Whitehouse, 9091396-5666, affirm your availability. We look forward to seeing you April 2. Sincerely, Wen P. Chang Mayor WPC:nbw c: City Council City Clerk Wen P. Chang Mayor Deborah H. O'Connor Mayor Pro Tem Carol Herrera Council Member Robert S. Huff Council Member Robert P. rirbes Council Member Rery[Ied paper March 25, 2002 Tom Sawyer Pro Sports 1139 Grand Avenue Diamond Bar, CA 91765 Dear Mr. Sawyer: City of Diamond Bar 21825 E. Copley Drive • Diamond Bar, CA 91765-41 (909) 860-2459 • Fax (909) 861-3117 www.CityofDiamondRar.com On behalf of the Diamond Bar City Council, I would like to take this opportunity to express our appreciation to Pro Sports for their support and contribution to the economic strength of the City of Diamond Bar. The City Council would like to formally recognize Pro Sports, Business of t e Month -April 2002, at its meeting on Tuesday, April 2, 2002. The meeting i held at 6:30p, at the Government Center/Air Quality Management District (AQMD) Auditorium, 21865 E. Copley Drive, Diamond Bar. Please contac my secretary, Ms. Nancy Whitehouse, 909/396-5666, to confirm your availabili . 1 look forward to seeing you April 2, Sincerely, 6�cj �i i Wen P. Chang Mayor WPC:nbw c: City Council City Clerk Wen P. Chang Mayor Deborah H. O'Connor Mayor Pro Tern Carol Herrera Council Member Robert S. Haff Council Member Robert P. Zirbes Council Member Recycled paper March 27, 2002 City of Diamond Bar 21825 F. Copley Drive • Diamond Bar, CA 91765-41 (909) 860-2489 • Fax (909) 861-3117 www.CityofDiamondBar.com Reverend Ted Meyers Shepherd of the Hills Lutheran Church 671 Great Bend Drive Diamond Bar, CA 91765 Dear Reverend Meyers: This is to confirm your participation to provide the invocation at the Di mond Bar City Council Meeting on Tuesday April 2, 2002 at 6:30 p.m The meeting will be held in the South Coast Air Quality Mana ement District/Government Center Auditorium located at 21865 E. Copley Drive, Diamond Bar. Please be aware that, pursuant to a recent court ruling, sectarian prayer as part of City Council meetings is not permitted under the United States Constitution pertaining to the separation of church and state. Also, please note the three to five (3-5) minute time limit on Invocations. It is a pleasure to have representation from various churches within Bar participate at our City Council Meetings. Thank you for taking time out of your busy schedule to share with Sincerely, Lynda Burgess, MMC City Clerk • _ VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: DATE: 8 ADDRESS: L ? PHONE:' ORGANIZATION: AGENDA #/SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council name and address as written above. VPJ F, Signature -7 reflect my VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM:DATE: ADDRESS: ��3 i� -� t�- PHON ORGANIZATION: AGENDA #/SUBJECT: 5;,A, -J �— I expect to address the Council on the subject agenda item. Please have the Council Mi utes re#lect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK r FROM: -- �-------- DATE: n ADDRESS: JA---lPHONE.E"'�"".P ORGANIZATION:, AGENDA #/SUBJECT: I expect to address the Council on the subject agenda ite . Please have the Council Min tes reflect my name and address as written above. a Signature acL 1<TO: CITY CLERK • RA i ,7o� � r =��1 AGENDA #/SUBJECT: .�..�� i�r■� I expect to address the Council on the subject agenda item. Please have the Council Mintes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK z— J DATE: PHONE: ��. I expect to address the Council on the subject agenda item. Please have the Council name and address as written above. Signature reflect my VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: DATE: 4 – az. —©Z-) ADDRESS: PHONE: ORGANIZATION: AGENDA #/SUBJECT: r�-- I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. j Sign ure VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: ����il�� DATE:41 2._ P ADDRESS:�� _ PHONE: ORGANIZATION: AGENDA #/SUBJECT: _ye, -: z - I expect to address the Council on the subject agenda item. Please have the Council Mi utes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK DATE: PHON I -expect to address the Council on the subject agenda item. Please have the Council Min tes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK DATE: �- � O Z PHONE: 'U(—a73 I expect to address the Council on the subject agenda item. Please have the Council Mi utes reflect my name and address as written above. Signature CITY OF DIAMOND BAR "QUICK CAP" MINUTES April 2, 2002 STUDY SESSION: 5:05 p.m., CC -8 • Goals and Objectives • SigmaNet Agreement Present: Councilmembers Huff, Zirbes, MPT, M/Chang. C/Herrera absent. Also present were: Linda Lowry, City Manager; Mike Jenkins City Attorney; James DeStefano, Deputy City Manager; David Doyle, Deput City Manager; David Liu, Public Works Director; Bob Rose, Community Se ices Director; Linda Magnuson, Finance Director; Lynda Burgess, City Clerk; Kirk Phillips, Assistant Engineer; Teresa Arevalo, Sr. Administrative Assistant and odd Strojny, Sr. Administrative Assistant. CLOSED SESSION: None. CALL TO ORDER: 6:49 p.m. PLEDGE OF ALLEGIANCE: Boy Scout Joey Madrid INVOCATION: Reverend Ted Meyers, Shepherd of the Hills Lutheran Church ROLL CALL: Council Members Herrera, Huff, Zirbes, Mayo Pro Tem O'Connor, Mayor Chang Also present were: Linda Lowry, City Manager; Mike Jenkins, Attorney; James DeStefano, Deputy City Manager; David Doyle, Deputy Manager; David Liu, Public Works Director; Bob Rose, Community Ser Director; Linda Magnuson, Finance Director; Lynda Burgess, City Clerk, APPROVAL OF AGENDA: CM/Lowry requested that Item 8.3 be remc and brought back at a future meeting. M/Chang requested removal of 8.1 to next Council meeting. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Proclaimed April as "Fair Housing Month." 1.2 Proclaimed April as "California Earthquake Preparedness Month." I to Brenda Hunemiller, Area Coordinator, Area D, Office of Management. 1.3 Proclaimed April 14 — 20, 2002 as "Safety Seat Checkup Week." 1.4 Presented Certificate of Recognition to Lt. John Bowler, L.A. County upon his retirement. APRIL 2, 2002 PAGE 2 1.5 Presented City Tile to Tom Sawyer, ProSports, Business of the Mont , April 2002. 1.6 Introduced Joe Maxey, Team Lieutenant, Walnut Sheriff. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: Clyde Hennessee — With respect to membership n the National League of Cities — Marie Buckland — Complained about automobile racing on her street. Jack Tanaka — Announced the D.B. Breakfast Lions' Club Drums for Sight evert on April 7 from 3-5 p.m. at the D.B.H.S. Theater. Eileen Ansari — Requested that AS 2185 be considered by the Council relati g to regional water control. Chastised Council for reducing the number of Cance s in the Park without notifying the volunteer organizations that the matter was eing considered at the last meeting. She asked Council to re -consider the ma ter. Requested that Adelphia be requested to attend a future Council meeting and explain funds expended locally to benefit the community. Jeff Koontz, Exec. Dir., D.B. Chamber -- announced Farmer's Market beginning 6, 2002 and continuing every Saturday at the Calvary Chapel, Golden Springs Grand Ave., from 9 a.m. to 2 p.m. 4. RESPONSE TO PUBLIC COMMENT: 5. SCHEDULE OF FUTURE EVENTS: 5.1 PLANNING COMMISSION MEETING April 9, 2002 — 7:00 AQMD/Government Center Auditorium, 21865 E. Copley Dr. 5.2 TRAFFIC AND TRANSPORTATION COMMISSION MEETING —April 111, 2002 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 2165 E. Copley Dr. 5.3 CITY COUNCIL MEETING — April 16, 2002 — 6:30 p.m. AQMD/Governm nt Center, 21865 E. Copley Dr. 5.4 DIAMOND BAR CHAMBER OF COMMERCE CASINO NIGHT -- April 0, 2002 -- 6:00 — 10:30 p.m., Pantera Park, 738 Pantera Dr. 5.5 CITY BIRTHDAY CEIrEBRATION — April 21, 2002 — 12:00 — 6:00 p.m. Pantera Park, 738 Pantera Dr, 5.6 FRIENDS OF THE DIAMOND BAR LIBRARY WINE SOIREE - April 28,20P2 APRIL 2, 2002 PAGE 3 - 4:00 - 7:00 p.m., Shilo Hilltop Suites, 3101 Temple Avenue, Pomon . 6. CONSENT CALENDAR: Moved by C/Zirbes, seconded by CIH ff to approve the Consent Calendar with the exception of Items 6.4 and 6.9. otion carried 5-0 by the following Roll Call vote: 6.1 APPROVED CITY COUNCIL MINUTES - 6.1.1 Study Session of March 19, 2002 -As submitted. 6.1.2 Regular Meeting of March 19, 2002 - As submitted. 6.2 RECEIVED AND FILED TRAFFIC & TRANSPORTATION COMMI MINUTES — Regular Meeting of February 14, 2002. 6.3 RECEIVED AND FILED PLANNING COMMISSION MINUTES - Meeting of February 26, 2002. 6.5 REVIEWED AND APPROVED TREASURER'S STATEMENT — mon h of February, 2002. 6.6 APPROVED SECOND READING OF ORDINANCE NO. 04(2 02) DEVELOPMENT CODE AMENDMENT NO. 2001-04 PERTAINING TO ALLOWED TEMPORARY USES OF PROPERTY BY TITLE ONLY ND ADOPTED. 6.7 APPROVED AMENDMENT NO. 3 TO CONTRACT WITH DM ASSOCIATES IN THE AMOUNT OF $15,000 FOR AS -NEEDED PLANING SERVICES. 6.8 RATIFIED LETTERS OF OPPOSITION TO SB1506 (AMENDING THE REVENUE AND TAXATION CODE) AND SUPPORT OF SB994 (LIABIITY FOR PUBLIC SKATEBOARD PARKS). 6.10 APPROVED AMENDMENT NO. 1 TO CONTRACT WITH DAVID EVAN & ASSOCIATES FOR AS -NEEDED LANDSCAPE ARCHITECT SERVICE IN THE AMOUNT OF $55,406. 6.11 ADOPTED RESOLUTION NO. 2002-24 IN SUPPORT OF PRIOR TREATMENT OF METROLINK'S RIVERSIDE LINE BY THE UNI PACIFIC RAILROAD COMPANY. MATTERS WITHDRAWN FROM CONSENT CALENDAR. 6.4 VOUCHER REGISTER - dated April 2, 2002 in the amount of $684,21957 minus P.Q. 11643 to ADE, Inc. in the amount of $1,260. APRIL 2, 2002 PAGE 4 Moved by C/Herrera, seconded by C/Zirbes to approve without P.O. 111643. Motion carried 5-0 by the following Rall Call vote: 6.9 RESOLUTION NO. 2002-23 AMENDING RESOLUTION NO. 2l - RECLASSIFICATION 1-43 SETTING FORTH PERSONNEL RULES AND REGULATIONS TO INCUDE THE CREATION OF A PUBLIC INFORMATION OFFICERAND OF ASSISTANT ENGINEER TO EXEMPT STUS. Moved by C/Herrera, seconded by C/Zirbes to adopt. Motion carried the following Roll Call vote: 7. PUBLIC HEARINGS: None. 8, COUNCIL CONSIDERATION: by 8.1 APPROVE CITY MEMBERSHIP IN THE NATIONAL LEAGUE OF CITI S 1N THE AMOUNT OF $1,765 FOR THE FIRST YEAR — Continued to Ap1 16, 2002. 8.2 ADOPT RESOLUTION NO. 2002-25 APPROVING THE NEIG IMPROVEMENT (CODE ENFORCEMENT) POLICY. Trinidad Dapkus supported adoption of the policy. Martha Bruske — Not in support of job title changes but totally in support of the policy as long as enforcement is stepped up. Clyde Hennessee — Why not utilize volunteer patrol for these enforcement efforts? Irene Kim — Related her experience with recent code enforcement prob in her neighborhood. Supported adoption of the resolution. Stan Grainger — Supported adoption. Nina Goncharev — Thanked Council and supported adoption of the poli Simon Collin — Supported adoption. Dick Farrell — Urged Council to adopt the policy now. Marie Buckland — Supported adoption. Darla Farrell — Thanked Mr. Zirbes for his efforts and urged Council to ac and begin immediate enforcement. Teresa Quon -- Supported policy. APRIL 2, 2002 PAGE 5 Moved by C/Herrera, seconded by C/Zirbes to adopt Resolution No. 2002-25. Motion carried 4-1 by the following Roll Call vote: (C/O'Connor vote no). 8.3 APPROVE BUSINESS EXPANSION AGREEMENT WITH SIGMA ET — Continued to April 16, 2002. RECESS TO REDEVELOPMENT AGENCY ANNUAL MEETING 8:40 p.m. 1. CALL TO ORDER: Chairman ROLL CALL: Agency Members Chang, Herrera, Huff, VC/Zirbes, C/O'Connor 2. PUBLIC COMMENTS: None offered. 3. CONSENT CALENDAR: Moved by VC/Zirbes, seconded by AM/Herrera to approve the Consent Calendar as presented. Motion carried 5-0 by the following roll call vote: 3.1 APPROVED MINUTES — Regular Meeting of December 4, 200 — As submitted. 3.2 REVIEWED AND APPROVED TREASURER'S STATEMENT - dated March 31, 2002, 4. PUBLIC HEARINGS: None 5. AGENCY CONSIDERATION: None 6. AGENCY MEMBER COMMENTS: AM/Chang — 7. ADJOURN REDEVELOPMENT AGENCY MEETING: 8:53 p.m. RECONVENE CITY COUNCIL MEETING: 8:53 p.m. 9. COUNCIL SUB -COMMITTEE REPORTS/ COUNCIL MEMBER COMMENTS: MPT/O'Connor left the meeting at 8:55 p.m. 10. ADJOURNMENT: There being no further business to cor duct, M/Chang adjourned the meeting at 9:15 p.m.