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HomeMy WebLinkAbout5/20/2003THIS MEETING IS BEING BROADCAST LIVE BY ADELPHIA FOR AIRING ON CHANNEL 17, AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE -BROADCAST EVERY SATURDAY AT 9:00 A.M. AND EVERY TUESDAY AT 6:30 P.M. ON CHANNEL 17. CITY OF DIAMOND BAR CITY COUNCIL AGENDA May 20, 2003 CLOSED SESSION: None Public Comments on Closed Session Agenda Government Code Section STUDY SESSION: 5:00 p.m., CC -8 ♦ FISCAL YEAR 2003-04 BUDGET ♦ BUDGET DECISION PACKAGES Public Comments CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Pastor Bob Stebe (Stee-bee), Northminster Presbyterian Church ROLL CALL: Council Members Chang, O'Connor, Zirbes, Mayor Pro Tem Huff, Mayor Herrera APPROVAL OF AGENDA: Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Proclaiming May 2003 as "wire a Veteran Month -"Veteran Appreciation Month." 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntarv). There is a five-minute maximum time limit MAY 20, 2003 PAGE 2 when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 PARKS AND RECREATION COMMISSION MEETING — May 22, 2003 — 7:00 p.m., AQMD/Government Center Board Hearing Room, 21865 E. Copley Dr. 5.2 MEMORIAL DAY HOLIDAY — Monday, May 26, 2003 — City Offices will be closed. Will reopen Tuesday, May 27, 2003. 5.3 CITY COUNCIL/PARKS AND RECREATION COMMISSION JOINT MEETING — May 27, 2003 - 5:00 p.m., - Room CC -8, AQMD/Government Center, 21865 E. Copley Dr. 5.4 PLANNING COMMISSION MEETING — May 27, 2003 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 E. Copley Dr. 5.5 PUBLIC SAFETY COMMITTEE MEETING - June 2, 2003 - 7:00 p.m., Diamond Bar/Walnut Sheriff Station, 21695 E. Valley Blvd., Walnut. 5.6 CITY COUNCIL MEETING — June 3, 2003 — 6:30 p.m., AQMD/Government Center, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 CITY COUNCIL MINUTES: 6.1.1 Study Session of May 6, 2003 -Approve as submitted. 6.1.2 Regular Meeting of May 6, 2003 — Approve as submitted. Requested by: City Clerk 6.2 PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting March 25, 2003 — Receive and File. 6.2.2 Regular Meeting of April 22, 2003 — Receive and File. Requested by: Planning Division 6.3 TRAFFIC AND TRANSPORTATION COMMISSION MINUTES — Regular Meeting of March 13, 2003 - Receive and file. MAY 20, 2003 PAGE 3 Requested by: Public Works Division 6.4 WARRANT - Approve Warrant Registers dated May 8 and May 15, 2003 totaling $1,199,672.43. Requested by: Finance Division 6.5 APPROVE INCREASE IN RATES FOR CITY ATTORNEY SERVICES. Recommended Action: Approve. Requested by: City Manager 6.6 ADOPT RESOLUTIONS APPROVING THE ENGINEER'S REPORT, DECLARING THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS AND FIXING A TIME AND PLACE FOR A HEARING OF OBJECTIONS THEREON: 6.6.1 RESOLUTION NO. 2003-22 DECLARING THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 38 AND DIRECT THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING ON JUNE 17, 2003. Recommended Action: Adopt Resolution. 6.6.2 RESOLUTION NO. 2003-23 DECLARING THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 39 AND DIRECT THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING ON JUNE 17, 2003. Recommended Action: Adopt Resolution. 6.6.3 RESOLUTION NO. 2003-24 DECLARING THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 41 AND DIRECT THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING ON JUNE 17, 2003. Recommended Action: Adopt Resolution. Requested by: Public Works Division 6.7 APPROVE NOTICE OF COMPLETION FOR THE BREA CANYON ROAD STREETSCAPE AND STREET IMPROVEMENTS PROJECT BETWEEN PATHFINDER ROAD AND SOUTHERLY CITY LIMITS (GRIFFITH COMPANY). Recommended Action: Approve. MAY 20, 2003 PAGE 4 Requested by: Public Works Division 6.8 APPROVAL OF CONTRACT AMENDMENT WITH WARREN C. SIECKE FOR TRAFFIC ENGINEERING SERVICES FOR THE BREA CANYON CUTOFF RD. AND STATE RTE. 57 ON/OFF RAMPS IN THE AMOUNT OF $9,500 AND AUTHORIZE A CONTINGENCY OF $3,000 FOR CHANGE ORDERS TO BE APPROVED BY CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $12,500. Recommended Action: Approve. Requested by: Public Works Division 6.9 EXTEND CONTRACT SERVICES AGREEMENT WITH SOUTHLAND SPORTS OFFICIALS FOR THE 2003/04 FY IN AN AMOUNT NOT TO EXCEED $32,000. Recommended Action: Approve amendment. Requested by: Community Services Division 6.10 ADOPT RESOLUTION NO. 2003-25 APPROVING PLANS AND SPECIFICATIONS FOR TRAFFIC SIGNAL IMPROVEMENTS ON PATHFINDER RD. AT BREA CANYON RD./FERN HOLLOW DR., PATHFINDER RD. AT D.B. HIGH SCHOOL WESTERLY ENTRANCE AND PATHFINDER RD. AT EVERGREEN SPRINGS DR. AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS. Recommended Action: Adopt Resolution. Requested by: Public Works Division 6.11 ADOPT RESOLUTION NO. 2003-26 APPROVING PLANS AND SPECIFICATIONS FOR THE AREA 5 SLURRY SEAL PROJECT AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS. Recommended Action: Adopt. Requested by: Public Works Division 6.12 (a) REJECT ALL BIDS FOR THE TRAFFIC SIGNAL MODIFICATION PROJECT AT THE INTERSECTION OF FOR GRAND AVE. AND SHOTGUN LN. Recommended Action: Reject all bids. MAY 20, 2003 PAGE 5 (b) ADOPT RESOLUTION NO. 2003-27 APPROVING PLANS AND SPECIFICATIONS FOR THE TRAFFIC SIGNAL MODIFICATION PROJECT AT THE INTERSECTIONS OF GRAND AVEJSHOTGUN LANE, BREA CANYON RD./LYCOMING ST. AND GOLDEN SPRINGS DR./BALLENA DR. AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS. Recommended Action: Adopt Resolution. Requested by: Public Works Division 6.13 ADOPT RESOLUTION NO. 2003-28 OPPOSING AB 1221 (STEINBERG AND CAMPBELL) BALANCED COMMUNITIES ACT — Continued from May 13, 2003. Recommended Action: Adopt. Requested by: City Manager 7. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: None 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Mayor Herrera and Mayor Pro Tem Huff FROM: Linda G. Magnuson, Finance Director t� SUBJECT: Voucher Register, May 8, 2003 DATE: May 8, 2003 Attached is the Voucher Register dated May 8, 2003. As requested, the Finance Department is submitting the voucher register for the Finance Committee's review and approval prior to the creation of the warrants. The Voucher Register will subsequently be entered on the consent calendar for the City Council meeting on May 20, 2003. The checks will be produced after the scheduled meeting time and any recommended changes are made. Please review and sign the attached. . ...... ... 4� CITY OF DIAMOND BAR RUN DATE: 05/08/2003 17:12:42 VOUCHER REGISTER PAGE: 1 DUE THRU: 05/08/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK DR. ROBIN F. ABARI,DDS 001-23002-- 52655 PARK DEP REFUND-REAGAN 50.00 05/08/2003 55233 TOTAL PREPAIDS 50.00 TOTAL VOUCHERS ,00 TOTAL DUE VENDOR 50.00 ADELPHIA 0014010-42125-CC203-42125 CC203 MODEM SVCS -COUNCIL 44.95 05/08/2003 55234 0014010-42125-CC303-42125 MODEM SVCS -COUNCIL 49.70 05/08/2003 55234 TOTAL PREPAIDS 94.65 TOTAL VOUCHERS 00 TOTAL DUE VENDOR 94.6.5 AMERICAN ASSC OF UNIVERSITY WOMEN 0015350-42353-- GAME 5 PROCEEDS -CITY B/DAY CELEB 400-00 05/06/2003 55235 TOTAL PREPAIDS 400.00 TOTAL VOUCHERS 00 TOTAL DUE VENDOR 400.00 THIQUERO ANDERSON 001-39740-- 1451 RECREATION REFUND 139.50 05/08/2003 55236 TOTAL PREPAIDS 139.50 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 139.50 AT&T 0014090-42125-- LONG DIST CHRGS-GENERAL 17.57 05/08/2003 55237 0014090-42125-- CELL CHRGS-GENERAL 138.92 05/08/2003 55237 0014415-42125-- CELL CHRGS-V/PATROL 26.28 05/08/2003 55237 1264411-42125-- CELL CHRGS-SHERIFF 26.28 05/08/2003 55237 0015340-42125-- LONG DIST CHRGS-PARKS 19.64 05/08/2003 55237 TOTAL PREPAIDS 228.69 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 228.69 AYSO 0114010-42355-- AD -TOURNAMENT PGM 250.00 05/08/2003 55238 TOTAL PREPAIDS 250.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 250.00 AMIT BAKSHI 001-34780-- 1394 RECREATION REFUND 25.00 05/08/2003 55239 TOTAL PREPAIDS 25.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 25.00 BALDWIN PUBLICATIONS INC 0014090-42110-- 13079 8923 PRINT SVCS-A/P CHECKS 579.26 05/08/2003 55240 TOTAL PREPAIDS 579.26 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 579.26 CITY OF DIAMOND BAR RUN'DATE: 05/08/2003 17:12:42 VOUCHER REGISTER PAGE: 2 DUE THRU: 05/08/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK BALLOONS BY ALICE 0015350-42353-- 13066 2017 BALLOONS-B/DAY CELEB 1,739.57 05/08/2003 55241 TOTAL PREPAIDS 1,739.57 TOTAL VOUCHERS ,00 TOTAL DUE VENDOR 1,739.57 APRIL BLAKEY 0014095-42330-- REIMB-CAPIO CONF 58.57 05/08/2003 55242 TOTAL PREPAIDS 5B.57 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 58.57 CHERYL BLOUNT 001-32230-- DB 21953 REFUND -PARKING CITATION 60.00 05/08/2003 55243 TOTAL PREPAIDS 60.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 60.00 BOISE CASCADE OFFICE PRODUCTS 0015210-46220-- 12936 876061 3 SHELF FILES-NBRIID IMP 1,789.32 05/08/2003 55244 TOTAL PREPAIDS 1,789.32 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 1,789.32 BONTERRA CONSULTING INC 001-23011-- 3047 PROF.SVCS-FER 96-028 3,108.62 05/08/2003 55245 TOTAL PREPAIDS 3,108.62 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 3,108.62 BOY SCOUT TROOP #737 0015350-42353-- GAME 10 PROCEEDS -CITY B/DAY CELEB 400.00 05/08/2003 55246 TOTAL PREPAIDS 400.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 400.00 CALIFORNIA ASSN CODE ENFORCEMENT 0015230-42340-- TRNG-R SORIANO 65.00 05/08/2003 55247 TOTAL PREPAIDS 65.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 65.00 CHARLES ABBOTT ASSOCIATES INC 2505215-46420-13898-46420 1639 PROF.SVCS-COMM SR CTR 720.75 05/00/2003 55248 TOTAL PREPAIDS 720.75 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 720.75 TDM CHU 001-34740-- 1322 RECREATION REFUND 75.00 05/06/2003 55249 TOTAL PREPAIDS 75.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 75.00 CITY OF DIAMOND BAR RUN DATE: 05/08/2003 17:12:42 VOUCHER REGISTER PAGE: 3 DUE THRU: 05/08/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK CITY OF GLENDALE 0015350-42325-- TRNG-MCLEAN,WRIGHT 60.00 05/08/2003 55250 TOTAL PREPAIDS 60.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 60.00 CRYSTAL CLEAN CLEANERS 0015350-41200-- 13904 CLEAN -EASTER BUNNY SUIT 35.00 05/08/2003 55251 TOTAL PREPAIDS 35.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 35.00 DANONE WATERS OF NORTH AMERICA INC 0014090-41200-- 12110 4243402-61 SUPPLIES -WATER MAR -APR 182.70 05/06/2003 55252 0014090-42130-- 12110 4243402-61 EQ RENTAL -MAR -APR 10.50 05/08/2003 55252 TOTAL PREPAIDS 193.20 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 193.20 DELTA CARE PMI 001-21104-- PP 02-09 MAY 03 -DENTAL PREMIUMS 478.28 05/08/2003 55253 TOTAL PREPAIDS 478.28 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 478.28 CAROL DENNIS 0015210-44000-- 12383 PC032503 PROF.SVCS-PC,AD RVW 125.00 05/08/2003 55254 0014030-44000-- 12383 DBCF041703 PROF.SVCE-COMM FNDTN 475.00 05/08/2003 55254 TOTAL PREPAIDS 600.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 600.00 DIAMOND BAR MOBIL 0014090-42310-- MAR 03 FUEL -GENERAL 98.29 05/08/2003 55255 0015310-42310-- MAR 03 FUEL -COMM SVCS 225.39 05/08/2003 55255 TOTAL PREPAIDS 323.68 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 323.68 DIAMOND BAR REPUBLICAN WOMEN FEDERA 0015350-42353-- RIDE 2 PROCEEDS -CITY 13/DAY CELEB 400.00 05/08/2003 55256 TOTAL PREPAIDS 400.00 TOTAL VOUCHERS ,00 TOTAL DUE VENDOR 400.00 NICHOLAS DRITSAS 001-34780-- 1314 RECREATION REFUND 80-00 05/08/2003 55257 TOTAL PREPAIDS 80.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 80.00 CITY OF DIAMOND BAR RUN DATE; 05/08/2003 17:12:42 VOUCHER REGISTER PAGE: 4 DUE THRU: 05/08/2003 PREPAID FUND/SECT-ACCT-PROSECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK DRIVER ALLIANT INSURANCE SERVICES 0015350-42353-- 756065 SPCL EVENT INS-B/DAY CELB 1,847.50 05/08/2003 55255 TOTAL PREPAIDS 1,847.50 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 1,847.50 ROBERT EDWARDS 001-32230-- DB 26617 REFUND -PARKING CITATION 50.00 05/08/2003 55259 TOTAL PREPAIDS 50.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 50.00 EMPLOYMENT DEVELOPMENT DEPARTMENT 0014090-40093-- JAN -MAR 03 UNEMPLYMNT CHRG-JAN-MAR03 2,639.00 05/08/2003 55260 TOTAL PREPAIDS 2,639.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 2,639.00 EVERGREEN INTERIORS 0014090-42210-- 12366 APR 03 PLANT MAINT-APR 03 200.00 05/08/2003 55261 TOTAL PREPAIDS 200.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 200.00 FEDERAL EXPRESS 0014090-42120-- 469874784 EXPRESS MAIL -GENERAL 12.67 05/08/2003 55262 TOTAL PREPAIDS 12.67 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 12.67 VANESSA FERRADAS 001-36610-- 1353 PARK DEP REFUND-REAGAN 25.00 05/08/2003 55263 001-23002-- 1353 PARK DEP REFUND-REAGAN 50.00 05/08/2003 55263 TOTAL PREPAIDS 75.00 TOTAL VOUCHERS -00 TOTAL DUE VENDOR 75.00 FOOTHILL TRANSIT 1125553-45533-- 12552 APR 03 CITY SUBSIDY -APR 03 1,857.00 05/08/2003 55264 1125553-45535-- 12552 APR 03 FOOTHILL PASSES -APR 03 7,428.00 05/08/2003 55264 TOTAL PREPAIDS 9,285.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 9,285.00 GIRL SCOUTS CADETTE TROOP 201 0015350-42353-- GAME 6 PROCEEDS -CITY B/DAY CELEB 400.00 05/08/2003 55265 TOTAL PREPAIDS 400,00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 400.00 GOLDEN SPRING ELEMENTARY PTO 0015350-42353-- RIDE 10 PROCEEDS -CITY B/DAY CELEB 400.00 05/08/2003 55266 TOTAL PREPAIDS 400.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 400.00 CITY OF DIAMOND BAR RUN DATE: 05/08/2003 17:12:42 VOUCHER REGISTER PAGE: 5 DUE THRU: 05/08/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO H INVOICE DESCRIPTION AMOUNT DATE CHECK JENNIFER GONZALES 0015350-45300-- CONTRACT CLASS-SPRING 150.00 05/08/2003 55267 TOTAL PREPAIDS 150.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 150.00 GRAFFITI CONTROL SYSTEMS 0015230-45520-- 12134 DB04/03 GRAFFITI CONTRL-APR 03 2,430.00 05/08/2003 55268 TOTAL PREPAIDS 2,430.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 2,430.00 HALL & FOREMAN,INC 0015510-45227-- 12856 13-03-009 PROF.SVCS-INSPECTION 63.75 05/08/2003 55269 TOTAL PREPAIDS 63.75 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 63.75 VIVIAN HAN 001-32230-- DB 26660 REFUND-PARKING CITATION 50.00 05/08/2003 55270 TOTAL PREPAIDS 50.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 50.00 ANDREA HERNANDEZ 001-23002-- 52983 PARK DEP REFUND-REAGAN 50.00 05/08/2003 55271 TOTAL PREPAIDS 50.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 50.00 HINDERLITER, de LLAMAS & ASSOCIATES 0014050-44000-- 19102 TAX AUDIT SVCS-1ST QT 03 900.00 05/08/2003 55272 0014050-44000-- 19102 TAX AUDIT SVCS-3RD QT 02 5,418.16 05/08/2003 55272 0014050-44000-- 19102 AUDIT SVC-PRPRTY TRNSF TX 1,727.69 05/08/2003 55272 0014050-44000.-- 19102 MEMO CREDIT-PROP TRNSFR -863.84 05/08/2003 55272 TOTAL PREPAIDS 7,182.03 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 7,182.03 HIRSCH & ASSOCIATES INC 2505310-46415-15700-46415 13000 0001PB412 ADA RETRO FIT-SYC CYN PK 8,500.00 05/08/2003 55273 TOTAL PREPAIDS 8,800.00 TOTAL VOUCHERS -00 TOTAL DUE VENDOR 8,800.00 ANGELA HOLLOWAY 001-23002-- 1345 PARK DEP REFUND-PANTERA 50.00 05/08/2003 55274 TOTAL PREPAIDS 50.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 50.00 CITY OF DIAMOND BAR RUN DATE: 05/08/2003 17:1.2:42 VOUCHER REGISTER PAGE: 6 DUE THRU: 05/08/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO INVOICE DESCRIPTION AMOUNT DATE CHECK HOME DEPOT 0015554-41300-- SUPPLIES -ROAD MAINT 79.98 05/08/2003 55275 TOTAL PREPAIDS 79.98 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 79.98 ROBERT S. HUFF 0014010-42125-CC303-42125 REIMB-CELL CHRGS APR -MAY 66.50 05/00/2003 55276 TOTAL PREPAIDS 66.50 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 66.50 JANE SEO HYUN 001-32230-- DB 21909 REFUND -PARKING CITATION 50-00 05/08/2003 55277 TOTAL PREPAIDS 50.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 50.00 ICMA RETIREMENT TRUST -457 001-21108-- PP 10 MAY 03 -PAYROLL DEDUCTIONS 19,244.62 05/08/2003 55278 001-21108-- PP 10 MAY 03 -PAYROLL DEDUCTIONS 19,244.82 05/08/2003 55278 TOTAL PREPAIDS 38,489.64 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 38,489.64 INLAND VALLEY DAILY BULLETIN 001-23010-- 152214 LEGAL AD -FPL 2003-10 189.00 05/08/2003 55279 001-23010-- 138391 LEGAL AD -FPL 2002-64 205.80 05/08/2003 55279 0014040-42115-- 12280 62426 AD-A/V PURCHASE/INSTALL 128.10 05/08/2003 55279 TOTAL PREPAIDS 522.90 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 522.90 IPOLY 0015350-42353-- GAME 8 PROCEEDS -CITY B/DAY CBLEB 400.00 05/08/2003 55280 TOTAL PREPAIDS 400.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 400.00 IPOLY CULTURAL EXCHANGE CLUB 0015350-42353-- RIDE 11 PROCEEDS -CITY B/DAY CELEB 400.00 05/06/2003 55281 TOTAL PREPAIDS 400.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 400.00 JENKINS & HOGIN, LLP 0014020-44020-- APR 03 GEN LEGAL SVCS -COM DEV 499.50 05/08/2003 55282 0014020-44020-- APR 03 GEN LEGAL SVCS-P/WKS APR 243.00 05/08/2003 55282 0014020-44020-- APR 03 GEN LEGAL SVCS -APR 03 2,268.00 05/08/2003 55282 0014020-44020-- APR 03 GEN LEGAL SVCS -COM SVCS 175.50 05/06/2003 55282 TOTAL PREPAIDS 3,186.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 3,186.00 CITY OF DIAMOND BAR RUN DATE: 05/08/2003 17:12:.42 VOUCHER REGISTER PAGE: 7 DUE THRU: 05/08/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK JOE A GONSALVBS & SON INC 0014030-44000-- 12260 MAY 03 LEGISLATIVE SVCS -MAY 03 3,000.00 05/08/2003 55283 TOTAL PREPAIDS 3,000.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 3,000-00 ANITA JUAREZ 001-36610-- 1344 PARK DEP REFUND -HERITAGE .50 05/08/2003 55284 001-23002-- 1344 PARK DEP REFUND -HERITAGE 200.00 05/00/2003 55284 TOTAL PREPAIDS 200.50 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 200.50 KENSINGTON DIAMOND BAR LLC 1264411-42210-- 13005 MAY 03 CAM -SHERIFF SVC CTR MAY 385.00 05/06/2003 55285 1264411-42140-- 13005 MAY 03 RNTL-SHERIFF SVC CTR MAY 1,225.00 05/08/2003 55285 TOTAL PREPAIDS 1,610.00 TOTAL VOUCHERS ,00 TOTAL DUE VENDOR 1,610.00 KOURY ENGINEERING & TESTING INC 2505215-46420-13899-46420 126H1 906083 -IN INSPECTION SVCS-C/SR CTR 4,104.00 05/08/2003 55286 TOTAL PREPAIDS 4,104.00 TOTAL VOUCHERS ,00 TOTAL DUE VENDOR 4,104.00 KPRS CONSTRUCTION SERVICES INC 2505215-46420-13899-46420 12802 22094 CONSTRUCTION -COMM SR CNTR 831,435.00 05/08/2003 55287 250-20300-- 22094 RETENTIONS PAY -53,143.50 05/06/2003 55287 TOTAL PREPAIDS 748,291.50 TOTAL VOUCHERS ,00 TOTAL DUE VENDOR 748,291.50 ALICE LEE 001-23002-- 1337 PARK DEP REFUND -MAPLE HLL 50.00 05/08/2003 55288 TOTAL PREPAIDS 50.00 TOTAL VOUCHERS ,00 TOTAL DUE VENDOR 50.00 LEIGHTON & ASSOCIATES, INC 001-23012-- LEI0014657 PROF.SVCS-EN 0.2-326 219.07 05/08/2003 55289 TOTAL PREPAIDS 219.07 TOTAL VOUCHERS ,00 TOTAL DUE VENDOR 219.07 LIBERTY FLAG & SPECIALTY COMPANY 0015340-42210-- 01030154 FLAGS -PARKS 218.95 05/06/2003 55290 TOTAL PREPAIDS 218.95 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 218.95 CITY OP DIAMOND BAR RUN DATE: 05/08/2003 17:12:42 VOUCHER REGISTER PAGE: 8 DUE THRU: 05/08/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK CONSTANCE J LILLIE 0015350-45300-- A12219 CONTRACT CLASS -SPRING 615.00 05/08/2003 55291 TOTAL PREPAIDS 615.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 615.00 RAMOND LOPEZ 001-32230-- DB 27624 REFUND -PARKING CITATION 50.00 05/06/2003 55292 TOTAL PREPAIDS 50.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 50.00 LAS ANGELES COUNTY SHERIFF'S DEPT 0014411-45402-- 55526 STAR PROGRAM -APR 03 8,281.42 05/00/2003 55293 0014411-45402-- 55507 HELICOPTER SVCS -MAR 03 161.31 05/08/2003 55293 TOTAL PREPAIDS 8,442.73 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 8,442.73 MAINTEX 0015340-42210-- 12924 640152 SUPPLIES -COMMUNITY SR CTR 188.93 05/08/2003 55294 0015340-42210-- 12924 649557 SUPPLIES -COMMUNITY SR CTR 244.36 05/08/2003 55294 0015340-42210-- 12924 649067 SUPPLIES -COMMUNITY SR CTR 157.34 05/08/2003 55294 TOTAL PREPAIDS 590.63 TOTAL VOUCHERS -00 TOTAL DUE VENDOR 590-63 KEWI YUANG MAO 001-34780-- 52660 RECREATION REFUND 182.00 05/08/2003 55295 TOTAL PREPAIDS 182.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 182.00 KATHY MARTINEZ 001-23002-- 1341 PARK DEP REFUND -HERITAGE 50.00 05/OB/2003 55296 TOTAL PREPAIDS 50.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 50.00 JAN MCDUFF 001-34780-- 1349 RECREATION REFUND 35.00 05/08/2003 55297 TOTAL PREPAIDS 35.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 35.00 MICHAEL BRANDMAN ASSOCIATES INC 001-23010-- 32559 PROF.SVCS-FPL 94-25 397.80 05/08/2003 55298 001-23011-- 32560 PROF.SVCS-FER 92-1 1,130.10 05/08/2003 55298 TOTAL, PREPAIDS 1,527.90 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 1,527.90 CITY OF DIAMOND BAR RUN DATE: 05/08/2003 17:12:42 VOUCHER REGISTER PAGE: 9 DUE THRU: 05/06/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK MISS DIAMOND BAR BEAUTY PAGEANT INC 0015350-42353-- RIDE 4 PROCEEDS -CITY B/DAY CELEB 400..00 05/08/2003 55299 TOTAL PREPAIDS 400.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 400.00 HECTOR MONTES 001-23002-- 1342 PARK DEP REFUND-SYC CYN 50-00 03/08/2003 55300 TOTAL PREPAIDS 50.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 50.00 MOONLIGHT PRESS 0014050-42110-- 23101 PRINT SVCS -RECEIPT BOOKS 322.59 05/08/2003 55301 TOTAL PREPAIDS 322.59 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 322.59 STEVEN G. NELSON 0015210-44100-- PLNN COMM -2/11,2/25 130.00 05/08/2003 55302 TOTAL PREPAIDS 130.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 130.00 DANIEL NOLAN 0015210-44100-- PLNN COMM -2/11,2/25 130.00 05/08/2003 55303 TOTAL PREPAIDS 130.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 130.00 ORIEN PAGAN 001-34730-- 1289 RECREATION REFUND 55.00 05/08/2003 55304 TOTAL PREPAIDS 55.00 TOTAL VOUCHERS ,00 TOTAL DUE VENDOR 55.00 PERS RETIREMENT FUND 001-21109-- PP 10/03 RETIRE CONTRIB-EE 5,892.34 05/06/2003 55305 001-21109-- PP 10/03 SURVIVOR BENEFIT 37.20 05/08/2003 55305 001-21109-- PP 10/03 SURVIVOR BENEFIT 37.20 05/08/2003 55305 001-21109-- PP 10/03 RETIRE CONTRIB-ER 3,920-93 05/08/2003 55305 001-21109-- PP 10/03 RETIRE CONTRIB-EE 5,892.34 05/08/2003 55305 0U1-21109-- PP 10/03 RETIRE CONTRIB-ER 3,920.93 05/08/2003 55305 TOTAL PREPAIDS 19,700.94 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 19,700.94 POMONA UNIFIED SCHOOL DISTRICT 0015350-42140-- 12225 03040 FACILITY RNTL-FEB-MAR 03 817.50 05/08/2003 55306 TOTAL PREPAIDS 817.50 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 817.50 CITY OF DIAMOND BAR RUN DATE: 05/08/2003 17:12:42 VOUCHER REGISTER PAGE: 10 DUE THRU: 05/08/2003 PREPAID FUND/SECT-ACCT-PROSECT-ACCT PO if INVOICE DESCRIPTION AMOUNT DATE CHECK POSTMASTER 001-23010-- EXPRESS MAIL-FPL 2000-19 13.65 05/08/2003 55307 001-23010-- EXPRESS MAIL-FPL 2003-02 13.65 05/08/2003 55307 001-23010-- EXPRESS MAIL-FPL 2003-02 13.65 05/08/2003 55307 TOTAL PREPAIDS 40.95 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 40.95 PRECISION DYNAMICS CORPORATION 0015350-42353-- 1096395 SUPPLIES-CITY B/DAY CBLEB 364.54 05/08/2003 55308 TOTAL PREPAIDS 364.54 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 364.54 PRINCE SHANT CORP 0015230-42.310-- 109425-MAR03 FUEL-NEIGHBORHOOD IMP 404.32 05/08/2003 55309 0015554-42310-- 109425-MAR03 FUEL-ROAD MAINT 237.08 05/08/2003 55309 0015310-42310-- 109425-MAR03 FUEL-COMM SVCS 170.84 05/08/2003 55309 0014090-42310-- 109425-MAR03 FUEL-GENERAL 77.71 05/08/2003 55309 TOTAL PREPAIDS 889.95 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 589.95 PROJECT SISTER 1264411-44000-- 13077 FY 02/03 PROF.SVCS-CRISIS PREVENTN 2,500.00 05/08/2003 55310 TOTAL PREPAIDS 2,500.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 2,500.00 PURCHASE POWER 0014090-42120-- 322030 SUPPLIES-POSTAGE MACHINE 154.06 05/08/2003 55311 TOTAL PREPAIDS 154.06 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 154.06 TERRY RADSTONE 001-23004-- 1306 PARK DEP REFUND-HERITAGE 66.00 05/08/2003 55312 001-36610-- 1306 PARK DEP REFUND-HERITAGE 178.00 05/08/200.3 59312 001-23002-- 1306 PARK DEP REFUND-HERITAGE 250.00 05/08/2003 55312 TOTAL PREPAIDS 494.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 494.00 ROLAND REBALLO 001-23002-- 1352 PARK DEP REFUND-HERITAGE 50-00 05/08/2003 55313 TOTAL PREPAIDS 50.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 50.00 RHF INC 0014411-42200-- 39640 EQ MAINT-RADAR REPAIR 70-00 05/08/2003 55314 0014411-42200-- 39617 EQ MAINT-RADAR REPAIR 151.91 05/08/2003 55314 TOTAL PREPAIDS 221.91 TOTAL VOUCHERS .00 TOTAL DUE VRNDOR 221.91 CITY OF DIAMOND BAR RUN DATE: 05/08/2003 17:12:42 VOUCHER REGISTER PAGE: 11 DUE THRU: 05/08/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK ARTHUR & ARLENE RODRIQUEZ 001-23002-- 1351 PARK DEP REFUND-PANTERA 50.00 05/06/2003 55315 TOTAL PREPAIDS 50.00 TOTAL VOUCHERS ,00 TOTAL DUE VENDOR 50.00 BOB ROSE 0015350-42353-- 3036 REIMB-CITY B/DAY CELEB 95.00 05/08/2003 55316 TOTAL PREPAIDS 95.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 95.00 ROTARY CLUB OF WALNUT VALLEY 0015350-42353-- 2003-01 FOOD REIMB-B/DAY CELEB 10.00 05/08/2003 55317 TOTAL PREPAIDS 10.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 10.00 JOSEPH RUZICKA 0015210-44100-- PLNN COMM-2/11,2/25 130.00 05/08/2003 55318 TOTAL PREPAIDS 130.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 130.00 S C SIGNS & SUPPLIES LLC 0015554-41250-- 13044 24074 SUPPLIES-ROAD MAINT 849.76 05/08/2003 55319 0015554-41250-- 24074 SUPPLIES-ROAD MAINT 4.33.97 05/08/2003 55319 TOTAL PREPAIDS 1,283.73 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 1,283.73 SAN GABRIEL VALLEY TRIBUNE 001-23010-- E4903 LEGAL AD-FPL 2002-65 200.76 05/08./2003 55320 0014040-42115-- 12281 K4487 AD-A/V PURCHASE/INSTALL 126.00 05/08/2003 55320 TOTAL PREPAIDS 326.76 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 326,76 SCMAF 0014090-42115-- 0019408-IN JOB ANNOUNCEMENT-COMM SVC 25.00 05/08/2003 55322 0015350-42340-- 0019373-IN TRNG-WRIGHT/MCCLEAN 50.00 05/08/2003 55321 TOTAL PREPAIDS 75.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 75.00 SECTRAN SECURITY INC 001409.0-44000-- A12287 5111 COURIER SVCS-MAY 03 244.80 05/08/2003 55323 TOTAL PREPAIDS 244.80 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 244.80 CITY OF DIAMOND EAR RUN DATE: 05/08/2003 17:12:42 VOUCHER REGISTER PAGE:. 12 DUE THRU: 05/08/2003. PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO 9 INVOICE DESCRIPTION AMOUNT DATE CHECK ROHIT SHAH 001-32230-- DB 26260 REFUND -PARKING CITATION 50.00 05/08/2003 55324 TOTAL PREPAIDS 50.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 50.00 SIGNAL MAINTENANCE INCORPORATED 0015554-45507-- 12325 51217416 SGNL MAINT-DB/SUNSET XING 1,349.65 05/08/2003 55325 TOTAL PREPAIDS 1,349.65 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 1,349.65 SMART & FINAL 0015350-41200-- 12354 15756 SUPPLIES -SR PROG-HERITAGE 96-26 05/08/2003 55326 TOTAL PREPAIDS 96.26 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 98.26 SO CAL CHARGER CHEER INC 0015350-42353-- 250403 FOOD REIMB-B/DAY CELEB 68.00 05/08/2003 55327 TOTAL PREPAIDS 68.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 68.00 SO COAST AIR QUALITY MANAGEMENT DIS 0014090-42140-- 12262 MAY 03 RENT -CITY HALL MAY 03 20,598.90 05/08/2003 55326 TOTAL PREPAIDS 20,598.90 TOTAL VOUCHERS .00 TOTAL, DUE VENDOR 20,598.90 SOUTHERN CALIFORNIA EDISON 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 12.53 05/08/2003 55329 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 125.76 05/08/2003 55329 0.015340-42126-- ELECT SVCS -PARKS 12.66 05/08/2003 55329 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 23.30 05/06/2003 55329 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 88.74 05/08/2003 55329 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 37.80 05/08/2.003 55329 0015340-42126-- ELECT SVCS -PARKS 12.53 05/08/2003 55329 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 174.43 05/08/2003 55329 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 61.83 05/08/2003 55329 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 20.95 05/06/2003 55329 0015510-42126.-- ELECT SVCS -TRAFFIC CONTRL 121.67 05/08/2003 55329 0015340-42126-- ELECT SVCS -PARKS 4.8.20 05/08/2003 55329 TOTAL PREPAIDS 740.56 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 740.56 SOUTHLAND CHRISTIAN SCHOOLS 0015350-42353-- RIDE 6 PROCEEDS -CITY B/DAY CELEB 400-00 05/08/2003 55330 TOTAL PREPAIDS 400.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 400.00 CITY OF DIAMOND BAR RUN DATE: 05/08/2003 17:12:42 VOUCHER REGISTER PAGE: 13 DUE THRU: 05/08/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO 0 INVOICE DESCRIPTION AMOUNT DATE CHECK INEZ STATHAM 001-34730-- 1416 RECREATION REFUND 13.00 05/08/2003 55331 TOTAL PREPAIDS 13.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 13.00 STEVEN ENTERPRISES INC 0015510-42110-- 0017520 -IN SUPPLIES -BONDING PAPER 70.92 05/08/2003 55332 TOTAL PREPAIDS 70,92 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 70.92 SUNSERI'S 0015350-41200-- 13068 12612 SUPPLIES -EGG HUNT 827.73 05/08/2003 55333 TOTAL PREPAIDS 827.73 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 827.73 JACK TANAKA 0015210-44.100-- PLNN COMM -2/11,2/25 130.00 05/08/2003 55334 TOTAL PREPAIDS 130.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 130.00 SHERI TINGESDAHL 001-34780-- 1391 RECREATION REFUND 36.00 05/08/2003 55335 TOTAL PREPAIDS 36.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 36.00 TRURIGN ING 0014411-42200-- 689 VEH BANNER-B/DAY CELEB 74.19 05/08/2003 55336 TOTAL PREPAIDS 74.19 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 74,19 WEI HSIANS TSAO 001-32230-- DB 22378 REFUND -PARKING CITATION 50.00 05/08/2003 55337 TOTAL PREPAIDS 50.00 TOTAL VOUCHERS ,00 TOTAL DUE VENDOR 50.00 STEVEN TYE 0015210-44100-- PLNN COMM -2/11,2/25 130.00 05/08/2003 55338 TOTAL PREPAIDS 130.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 130.00 U S BANK NA 250-20300-- 22094 RETENTIONS PAYABLE 83,143.50 05/08/2003 55339 TOTAL PREPAIDS 83,143.50 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 83,143.50 CITY OF DIAMOND BAR RUN DATE: 05/08/2003 17:12:42 VOUCHER REGISTER PAGE: 14 DUE THRU: 05/08/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK VALLEY CREST LANDSCAPE INC. 0015340-45300-- 13001 1067261 LANSCAPE MAINT-PANTERA PK 19,465.00 05/08/2003 55340 0015340-45300-- 13001 1058694 LNDSCPB MNT-PANTERA/PTRSN 9,847.00 05/08/2003 55340 TOTAL PREPAIDS 29,312.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 29,312.00 VAN WINKLE AND AFFILIATES 0015210-44000-- 12297 MAY 03 VIDEO DOC SVCS -MAY 03 1,500.00 05/08/2003 55341 TOTAL PREPAIDS 1,500.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 1,500.00 VERIZON CALIFORNIA 0015340-42125-- 9098619227 P14.SVCS-MAPLE HILL PK 89-42 05/08/2003 55342 0014090-42125-- 9098602489 PH.SVCS-GENERAL 3,903.14 05/06/2003 55342 0015340-42125-- 9095949117 PH.SVCS-R REAGAN PK 89.42 05/08/2003 55342 0014070-42125-- 8887772489 PH.SVCS-INFO TO GO 46.76 05/08/2003 55342 TOTAL PREPAIDS 4,120.74 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 4,128.74 VERIZON WIRELESS -LA 0014090-42125-- 41603 CELL CHARGES -GENERAL 255.67 05/08/2003 55343 0014440-42125-- 41603 CELL CHARGES-EMERG PREP 231.36 05/06/2003 55343 0014030-42125-- 41603 CELL CHARGES-CMGR 43.25 05/08/2003 55343 0014010-42125-CC403-42125 41603 CELL CHARGES -COUNCIL 43-25 05/08/2003 55343 0014411-42125-- 41603 CELL CHARGES -SHERIFF 52.75 05/08/2003 55343 0014415-42125-- 41603 CELL CHARGES-V/PATROL 13.75 05/08/2003 55343 00140.10-42125-CC203-42125 41603 CELL CHARGES -COUNCIL 44.50 05/08/2003 55343 TOTAL PREPAIDS 714.55 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 714.55 WALNUT DIAMOND BAR SHERIFF'S 0015350-42353-- GAME 2 PROCEEDS -CITY B/DAY CELEB 400.00 05/06/2003 5.5344 TOTAL PREPAIDS 400.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 400.00 WALNUT VALLEY ROTARY 0015350-42353-- GAME 1 PROCEEDS -CITY B/DAY CELEB 400.00 05/08/2003 55345 TOTAL PREPAIDS 400.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 400.00 WALNUT VALLEY UNIFIED SCHOOL DIST. 0015350-42140-- 12243 AR02-03-1804 FACILITY RENTAL -TRK MT 1,334.25 05/08/2003 55346 0015350-42140-- 12243 AR02-03-1917 FACILITY RENTAL -SAN -MAR 6,440.00 05/08/2003 55346 0015350-42140-- 12243 AR02-03-1810 FACILITY RENTAL -FEB -MAR 72.00 05/08/2003 55346 TOTAL PREPAIDS 7,846.25 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 7,846.25 CITY OF DIAMOND BAR RUN DATE: 05/08/2003 17:12:42 VOUCHER REGISTER DUE THRU: 05/08/2003 FUND/SECT-ACCT-PROJECT-ACCT PO ft INVOICE DESCRIPTION WELLS FARGO CARD SERVICES 0014010-42330-CC203-42330 ICSC CONF-COUNCIL 0014030-42330-- GONSALVES DNNR-CMGR 0014010-42325-CC203-42325 MTGS-COUNCIL 0014030-42330-- LEAGUE LEGIS CONF-CMGR 0014010-42315-CC203-42315 ICSC MEMBRSHP DUES-CNCL 0014010-42330-CC303-42330 LEAGUE CONF-COUNCIL 0014030-42315.-- ICSC MEMBRSHP DUES-CMGR 0014010-42325-CC303-42325 MTGS-COUNCIL 0014030-42330-- PEACE OFCRS MEM CONF-SHRF 0014030-42325-- MTG-CMGR 0014090-42325-- MTGS-COUNCIL 0014010-42330-CC203-42330 GONSALVES DNNR-COUNCIL 0014010-42330-CC203-42330 LEAGUE LEGIS CONF-COUNCIL 0014010-42315-CC203-42315 ICSC MEMBRSHP DUES-CNCL 0014030-42330-- ICSC CONF-CMGR 0014010-42330-CC303-42330 ICSC CONF-COUNCIL 0014010-42330-CC303-42330 MTGS-GONSALVES DNNR/SAC 0014030-42330-- MADD CONF-DEP WINTER TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR DAVID WEN 001-32230-- DB 27060 REFUND -PARKING CITATION TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR WEST COACH CORPORATION 0015210-41200-- OB1861 SUPPLIES -PLANNING TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR RYAN WITTENBERG 001-32230-- DB 21807 REFUND -PARKING CITATION TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR WORLD WIDE BINGO SUPPLIER 1255215-41200-D9690402-41200 12353 0863 SUPPLIES -SENIORS TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR JAMES WU 001-32230-- DB 27676 REFUND -PARKING CITATION TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR PAGE: 15 PREPAID AMOUNT DATE CHECK 278.45 05/08/2003 55348 12.00 05/08/2003 55348 85.70 05/08/2003 55348 115.00 05/08/2003. 55348 50.00 05/08/2003 55348 115-00 05/08/2003 55348 50.00 05/08/2003 55348 26.14 05/08/2003 55348 747.00 05/06/2003 55348 48.90 05/06/2003 55348 367.65 05/08/2003 55348 275.67 05/08/2003 55348 115.00 05/08/2003 55348 50.00 05/08/2003 55348 278.45 05/08/2003 55348 278.45 05/08/2003 55348 326.68 05/08/2003 55348 167.00 05/08/2003 55348 3,387.04 00 3,387.09 50.00 05/08/2003 55349 50.00 .00 50.00 32.33 05/08/2003 55350 32.33 .00 32.33 50.00 05/08/2003 55351 50.00 .00 50.00 112.81 05/08/2003 55352 112.81 .00 112.81 50.00 05/00/2003 55353 50.00 .00 50.00 CITY OF DIAMOND BAR RUN DATE: 05/08/2003 17:12:42 VOUCHER REGISTER PAGE: 16 DUE THRU: 05/08/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK XAVIERS FLORIST 0014.090-42325-- 4443 FLORAL ARRNGMT-HENSLEY - 64.96 05/08/2003 55354 TOTAL PREPAIDS 64.96 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 64.96 NANCY ZALDTVAR 001-36610-- 1354 PARK DEP REFUND-SYC CYN 25.00 05/08/2003 55355 001-23002-- 1354 PARK DEP REFUND-SYC CYN 50.00 05/08/2003 55355 TOTAL PREPATDS 75.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 75.00 DONALD ZTGLER 001-32230-- DB 22277 REFUND -PARKING CITATION 50.00 05/06/2003 55356 TOTAL PREPAIDS 50.00 TOTAL VOUCHERS ,00 TOTAL DUE VENDOR 50.00 ROBERT ZTRBBS 0014010-42125-- REIMS -CELL CHRGS- APR -MAY 66.50 05/08/2003 55357 TOTAL PREPATDS 66.50 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 66.50 REPORT TOTAL PREPAIDS 1,042,579.01 REPORT TOTAL VOUCHERS .00 REPORT TOTAL 1,042,579.01 CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Mayor Herrera and Mayor Pro Tem Huff FROM: Linda G. Magnuson, Finance Director SUBJECT: Voucher Register, May 15, 2003 DATE: May 15, 2003 Attached is the Voucher Register dated May 15, 2003. As requested, the Finance Department is submitting the voucher register for the Finance Committee's review and approval prior to the creation of the warrants. The Voucher Register will subsequently be entered on the consent calendar for the City Council meeting on May 20, 2003. The checks will be produced after the scheduled meeting time and any recommended changes are made. Please review and sign the attached. CITY OF DIAMOND BAR RUN DATE: 05/15/2003 13:43:13 VOUCHER REGISTER PAGE: 1 DUE THRU; 05/15/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK AJAX SIGN GRAPHICS INC 0014090-41200-- 12173 18159 ENGRAVE SVCS -NAMEPLATE 16.59 TOTAL PREPAIDS .00 TOTAL VOUCHERS 16.59 TOTAL DUE VENDOR 16.59 AMERICAN PUBLIC WORKS ASSOCIATION 0015510-42315-- 140451 MEMBRSHP DUES-ALAMOLHODA 143.75 TOTAL PREPAIDS .00 TOTAL VOUCHERS 143.75 TOTAL, DUE VENDOR 143.75 CHRISTINE ANN ANGELI 0015350-45300-- 12232 CONTRACT CLASS -SPRING 45.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 45.00 TOTAL DUE VENDOR 45.00 ARROYO GEOTECHNICAL CORP 001-23012-- 031-5077 PROF.SVCS-EN 02-352 590.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 590.00 TOTAL DUE VENDOR 590.00 AT&T 0014090-42125-- LONG DIST CHRGS-GENERAL 17.34 TOTAL PREPAIDS .DO TOTAL VOUCHERS 17.34 TOTAL DUE VENDOR 17.34 CITY OF DIAMOND BAR RUN DATE: 05/15/2003 13:43:13 VOUCHER REGISTER PAGE: 2 DUE THRU: 05/15/2003 FUND/SECT-ACCT-PROJECT-ACCT BOISE CASCADE OFFICE PRODUCTS 0014050-41200-- 0015350-41200-- 0014090-46220-- 0015350-41200-- 0014090-41200-- 0015510-41200-- 0014040-41200-- 0015210-41200-- 0014090-41200-- 0014090-41200-- 0014060-41200-- 0014030-41200-- 0014090-41200-- 0014090-46250-- 0014090-41200-- 0015510-41200-- 0014090-41200-- 0014030-41200-- 0014040-41200-- 0014090-41200-- 0014090-41200-- 0014095-41200-- 0015350-41200-- 0015210-41200-- 0014090-41200-- 0015350-41200-- BONTERRA CONSULTING INC 001 -23010 -- TERRY CALCAGNO 001 -34730 -- CENTER ICE SKATING ARENA 0015350-45300-- 0015350-45300-- PO INVOICE DESCRIPTION PO 12318 SUPPLIES -FINANCE PO 12318 SUPPLIES -RECREATION PO 12318 CABINET STORAGE -GENERAL PO 12318 SUPPLIES -RECREATION PO 12316 MEMO CREDIT -GENERAL PO 12318 SUPPLIES -PUBLIC WORKS PO 12318 SUPPLIES -CITY CLERK PO 12318 SUPPLIES -PLANNING PO 12318 SUPPLIES -GENERAL PO 12318 SUPPLIES -GENERAL PO 12318 SUPPLIES-H/R PO 12318 SUPPLIES -CITY MANAGER PO 12316 SUPPLIES -GENERAL PO 12318 SUPPLIES -GENERAL PO 12310 SUPPLIES -GENERAL PO 12318 SUPPLIES -PUBLIC WORKS PO 12318 MEMO CREDIT -GENERAL PO 12318 SUPPLIES -CITY MANAGER PO 12318 SUPPLIES -CITY CLERK PO 12318 SUPPLIES -GENERAL PO 12318 SUPPLIES -GENERAL PO 12318 SUPPLIES -COMM & MRKT PO 12318 SUPPLIES -RECREATION PO 12318 SUPPLIES -PLANNING PO 12318 SUPPLIES -GENERAL PO 12318 SUPPLIES -RECREATION TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 3071 PROF.SVCS-FPL 2002-09 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 1395 RECREATION REFUND TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 12986 CONTRACT CLASS -SPRING 12673 CONTRACT CLASS -SPRING TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR AMOUNT 22.34 157.35 504.70 40.04 -26.95 19.18 35.19 6.95 100.02 52.96 24.69 3.67 62.17 349.55 166.21 207.76 -54.64 48.59 36.55 72.42 .96 40.81 124.86 290.15 554.89 82.50 .00 2,930.92 2,930,92 2,441.25 .00 2,441.25 2,441.25 13.00 .00 13.00 13.00 111.40 137.00 .00 248.40 248.40 CINTAS CORPORATION 0015510-41200-- 150683403 SUPPLIES -ROAD MAINT 282.46 TOTAL PREPAIDS .00 TOTAL VOUCHERS 282.46 TOTAL DUE VENDOR 282.46 PREPAID DATE CHECK CITY OF DIAMOND BAR RUN DATE: 05/15/2003 13:43:13 VOUCHER REGISTER PAGE: 3 DUE THRU: 05/15/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO 4 INVOICE DESCRIPTION AMOUNT DATE CHECK JAMES B CLARKE 0014030-44000-- 13119 LEGISLATIVE SVCS -WK 5/2 280.00 0014030-42330-- REIMB-LEAGUE CONE 182.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 462.00 TOTAL DUE VENDOR 4152.00 CUB SCOUT PACK 777 0015350-42353-- RIDE 12 CITY B/DAY PROCEEDS 400.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 400.00 TOTAL DUE VENDOR 400.00 D & J MUNICIPAL SERVICES, INC 0015220-45201-- 12402 DB -BLDG 07 BLDG&SFTY SVC -4/7-4/30 30,926.93 TOTAL PREPAIDS .00 TOTAL VOUCHERS 30,926.93 TOTAL DUE VENDOR 30,925.93 CAROL DENNIS 0015350-44000-- 12383 PRRC42403 PROF.SVCS-P & R MTG 4/24 200.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 200.00 TOTAL DUE VENDOR 200.00 DIAMOND BAR BREAKFAST LIONS CLUB 0015350-42353-- GAME 11 CITY B/DAY PROCEEDS 400.00 0015350-42353-- RIDE 1 CITY B/DAY PROCEEDS 400.00 0015350-42353-- GAME 4 CITY B/DAY PROCEEDS 400.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,200.00 TOTAL DUE VENDOR 1,200.00 DIAMOND BAR CHAMBER OF COMMERCE 0015240-45000-- 12822 2948 CONTRACT SVCS -MAY 03 2,000.00 0014095-42115-- 12822 2947 PUBLICATION -MAY 03 1,000.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 3,000.00 TOTAL DUE VENDOR 3,000.00 DIAMOND BAR CHINESE AMERICAN ASSC 0014010-42325-CC403-42325 MTG-COUNCIL 120-00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 120.00 TOTAL DUE VENDOR 120.00 DIAMOND BAR INTERNATIONAL DELI 0014090-42325-- 12847 4191 SUPPLIES -COUNCIL MTG 5/6 195.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 195.00 TOTAL DUE VENDOR 195.00 CITY OF DIAMOND BAR RUN DATE: 05/15/2003 13:43:13 VOUCHER REGISTER PAGE: 4 DUE THRU: 05/15/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK DIVERSIFIED PARATRANSIT INC 1125360-453.10-- 13046 SHUTTLE SVCS-B/DAY CELEB 1,331.64 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,331.64 TOTAL DUE VENDOR 1,331.64 DOG DEALERS, INC 0015350-45300-- 12214 CONTRACT CLASS -SPRING 96.00 TOTAL PREPAIDS -00 TOTAL VOUCHERS 96.00 TOTAL DUE VENDOR 96.00 FEDERAL EXPRESS 0014090-42120-- 469915994 EXPRESS MAIL -GENERAL 64.18 TOTAL PREPAIDS .00 TOTAL VOUCHERS 64.18 TOTAL DUE VENDOR 64.18 RENEE FONMIN 001-34780-- 1504 RECREATION REFUND 165.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 165.00 TOTAL DUE VENDOR 165.00 FOOTHILL TRANSIT 1125553-45533-- 12552 14429 CITY SUBSIDY -APR 03 1,578.45 1125553-45535-- 12552 14429 FOOTHILL PASSES -APR 03 7,428.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 9,006.45 TOTAL DUE VENDOR 9,006.45 EDGAR GENESTON 001-23002-- 1474 PARK DEP REFUND -HERITAGE 200.00 TOTAL PREPAIDS -00 TOTAL VOUCHERS 200.00 TOTAL DUE VENDOR 200.00 SHANNON GRIFFITHS 0015350-45300-- 12987 CONTRACT CLASS -SPRING 525.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 525.00 TOTAL DUE VENDOR 525.00 JOE GURRIERI 001-34730-- 1393 RECREATION REFUND 31.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 31.00 TOTAL DUE VENDOR 31-00 DIANE J HASEROT 0015350-45300-- 12514 CONTRACT CLASS -SPRING 213.20 0015350-45300-- 13102 CONTRACT CLASS -SPRING 65.80 TOTAL PREPAIDS .00 TOTAL VOUCHERS 279.00 TOTAL DUE VENDOR 279.00 CITY OF DIAMOND BAR RUN DATE: 05/15/2003 13:43:13 VOUCHER REGISTER PAGE: 5 DUE THRU: 05/15/2003 PREPAID FUND[SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK HONG HE 001-34780-- 1545 RECREATION REFUND 31.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 31.00 TOTAL DUE VENDOR 31.00 HULS ENVIRONMENTAL MANAGEMENT, LLC 1155515-44000-- 12316 2414 DEPT OF CONSRVTN-APR 03 1,068.75 0015510-44240-- 12316 2416 NPDES SVCS -APR 03 6,720.00 1155515-44000-- 12316 2415 SOLID WASTE -APR 03 990.00 1155515-44000-- 12316 2413 USED OIL GRANT -APR 03 412.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 9,191.25 TOTAL DUE VENDOR 9,191.25 SAMUEL Y H HWANG 001-23001-- GRADING BOND RELEASE 1,477.60 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,477.80 TOTAL DUE VENDOR 1,477.80 ICMA RETIREMENT TRUST -457 001-21108-- PP 10 MAY 03 -PAYROLL DEDUCTIONS 19,244.82 TOTAL PREPAIDS .00 TOTAL VOUCHERS 19,244.82 TOTAL DUE VENDOR 19,244.82 J & J INC 0015554-45507-- 12843 708 INSTALL -FIRE STN SGNL 2,500.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,500.00 TOTAL DUE VENDOR 2,500.00 LAS VEGAS HILTON 0014010-42330-CC303-42330 CC303 ICSC CONF-COUNCIL 216.91 0015240-42330-- DESTEFANO ICSC CONE-DESTEFANO 216.93 0014010-42330-CC203-42330 CC203 ICSC CONF-COUNCIL 216.91 TOTAL PREPAIDS .00 TOTAL VOUCHERS 650.73 TOTAL DUE VENDOR 650.73 LERN 0015350-42315-- 64564 MEMBRSH DUES-WST,CRWS,MRP 295.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 295.00 TOTAL DUE VENDOR 295.00 LEWIS ENGRAVING INC 0014090-42113-- 12319 11160 ENGRAVING SVCS -TILES 18.40 TOTAL PREPAIDS .00 TOTAL VOUCHERS 18.40 TOTAL DUE VENDOR 18.40 RUN DATE: 05/15/2003 13:43:13 FUND/SECT-ACCT-PROJECT-ACCT LORBEER MIDDLE SCHOOL YOUTH ACT 0015350 -42353 -- 0015350 -42353 -- LOS ANGELES COUNTY PUBLIC WORKS 0015510 -45530 -- 0015554 -45507 -- LOS ANGELES COUNTY SHERIFF'S DEPT 0014411 -45402 -- 1125553 -45402 -- 0014411 -45402 - ANDREW LUI 0015350 -44100 -- NANCY LYONS 0015350-44100-- MACADEE ELECTRICAL CONSTRUCTION 2505510-46412-17502-46412 LINDA. MAGNUSON 0014050 -42330 -- GARY L NEELY 0015210 -44000 -- CITY OF DIAMOND BAR VOUCHER REGISTER PAGE: 6 DUE THRU: 05/15/2003 PREPAID PO # INVOICE DESCRIPTION AMOUNT DATE CHECK RIDE 7 CITY B/DAY PROCEEDS 400.00 GAME 3 CITY B/DAY PROCEEDS. 400.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS B00.00 TOTAL DUE VENDOR 800.00 12108 AR253315 INDUSTRIAL WASTE -APR 03 294.33 12107 AR253731 TRFFC MAINT-APR 03 236.58 TOTAL PREPAIDS .00 TOTAL VOUCHERS 530.91 TOTAL DUE VENDOR 530.91 55690 CALVARY CHPL TRFFC-APR 03 5,726.67 554590 TRANSIT SALES -APR 03 108.73 55686 SCH TRFFC CONTRL-APR 03 2,099.55 TOTAL PREPAIDS -00 TOTAL VOUCHERS 7,934.98 TOTAL DUE VENDOR 7,934-98 P & R COMM -4/24 45.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 45.00 TOTAL DUE VENDOR 45.00 P & R COMM -4/24 45.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 45.00 TOTAL DUE VENDOR 45.00 13071 2374 PROF.SVCS-GRAND/SHTGN LN 3,960.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 3,980.00 TOTAL DUE VENDOR 3,980.00 PER DIEM-GFOA CONF 261.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 261.00 TOTAL DUE VENDOR 261.00 12343 043003-09 GOV CONSULTANT -APR 03 3,240.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 3,240.00 TOTAL DUE VENDOR 3,240.00 PAGE: 7 PREPAID AMOUNT DATE CHECK 56.88 355.01 .00 411.89 411.89 158.88 00 158.88 158.86 200.00 .00 200.00 200.00 5,892.34 3,920.93 37.20 .00 9,850.47 9,850.47 195.00 .00 195.00 195.00 326.70 271.67 193.81 .00 792.38 792.38 533.96 .00 533.96 533.96 7,406.25 .00 7,406.25 7,406.25 CITY OF DIAMOND BAR RUN DATE: 05/15/2003 13:43:13 VOUCHER REGISTER DUE THRU: 05/15/2003 FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION NEXTEL COMMUNICATIONS 0014090-41200-- RADIO BATTERIES 001409D-42130-- AIRTIME CHRGS-P/W,C/S,C/D TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR OLYMPIC STAFFING SERVICES 0015310-44000-- 93770 TEMP SVCS -WK 5/4 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR GLORIA PASTRANA 001-23002-- 52975 PARK DEP REFUND -HERITAGE TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR PERS RETIREMENT FUND 001-21109-- PP 10/03 RETIRE CONTRIB-EE 001-21109-- PP 10/03 RETIRE CON'I'RIB-ER 001-21109-- PP 10/03 SURVIVOR BENEFIT TOTAL PREPAIDS TOTAL VOUCHERS TOTAL, DUE VENDOR PGI HRT 0015510-42330-- APWA CONF-D LIU TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR PRINCE SHANT CORP 0014090-42310-- 109442-APR03 FUEL -GENERAL 0015554-42310-- 109442-APR03 FUEL -ROAD MAINT 0015230-42310-- 109442-APR03 FUEL-NEIGHBRHD IMP TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR REINBERGER PRINTWERKS 0014090-42110-- 13076 12667 PRINT SVCS-P.O. FORMS TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR SATORI 0014070-44000-- 13012 IMPLEMENTN-CRM SYSTEM TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR PAGE: 7 PREPAID AMOUNT DATE CHECK 56.88 355.01 .00 411.89 411.89 158.88 00 158.88 158.86 200.00 .00 200.00 200.00 5,892.34 3,920.93 37.20 .00 9,850.47 9,850.47 195.00 .00 195.00 195.00 326.70 271.67 193.81 .00 792.38 792.38 533.96 .00 533.96 533.96 7,406.25 .00 7,406.25 7,406.25 RUN DATE: 05/15/2003 13:43:13 FUND/SECT-ACCT-PROJECT-ACCT NOEL SERRANO 001 -23002 -- SIGNAL MAINTENANCE INCORPORATED 0015554 -45507 -- 0015554 -45507 -- 0015554 -45507- 0015554 -45507 -- 0015554 -45507 -- SOUTHERN CALIFORNIA EDISON 1415541-42126-- 0015510-42126-- 1385538-42126-- 0015340-42126-- 1385538-42126-- 0015510-42126-- 1395539-42126-- 0015510-42126-- 0015510-42126-- SOUTHLAND SPORTS OFFICIALS 0015350-45300-- PHILLIP STEWART 001 -34720 -- SUBWAY 0014090-42325-- SUNSERI'S 0015350 -412.00 -- CITY OF DIAMOND BAR VOUCHER REGISTER PAGE: 8 DUE THRU: 05/15/2003 PREPAID PO # INVOICE DESCRIPTION AMOUNT DATE CHECK 52971 PARK BEP REFUND -HERITAGE 200.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 200.00 TOTAL DUE VENDOR 200.00 12325 51217623 ADDL SIGNAL MAINT-APR 03 207.79 12325 51217567 ADDL SIGNAL MAINT-APR 03 132.00 12325 51217261 TRFFC SIGNAL MAINT-APR 03 2,142.00 12325 51217565 ADDL SIGNAL MAINT-APR 03 790.97 12325 51217577 ADDL SIGNAL MAINT-APR 03 867.24 TOTAL PREPAIDS .00 TOTAL VOUCHERS 4,140.00 TOTAL DUE VENDOR 4,140.00 ELECT SVCS -DIST 41 124.82 ELECT SVCS -TRAFFIC CONTRL 21.72 ELECT SVCS -DIST 38 25.06 ELECT SVCS -PARKS 4,.345.59 ELECT SVCS -DIST 38 270.21 ELECT SVCS -TRAFFIC CONTRL 165.56 ELECT SVCS -DIST 39 232.63 ELECT SVCS -TRAFFIC CONTRL 32.58 ELECT SVCS -TRAFFIC CONTRL 536.82 TOTAL PREPAIDS .00 TOTAL VOUCHERS 5,775.01 TOTAL DUE VENDOR 5,775.01 12291 OFFICIAL SVCS -4/16-5/6 1,334.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,334.00 TOTAL DUE VENDOR 1,334.00 1544 RECREATION REFUND 121.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 121.00 TOTAL DUE VENDOR 121.00 12210 67507 SUPPLIES -COUNCIL MTG 5/6 14.97 TOTAL PREPAIDS .00 TOTAL VOUCHERS 14.97 TOTAL DUE VENDOR 14.97 12612 SUPPLIES -EGG [IUNT 827.73 TOTAL PREPAIDS .00 TOTAL VOUCHERS 827.73 TOTAL DUE VENDOR 827.73 CITY OF DIAMOND BAR RUN DATE: 05/15/2003 13:43:13 VOUCHER REGISTER PAGE: 9 DUE THRU: 05/15/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK URBAN ENTOMOLOGY ASSOCIATION 1415541-42210-- 313 BEE REMOVAL-DIST 41 175.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 175-00 TOTAL DUE VENDOR 175.00 US BANCORP PIPER JAFFRAY 0014090-44000-- 13047 JAN -MAR 03 BOND REMARKETING SVCS 4,851-93 TOTAL PREPAIDS .00 TOTAL VOUCHERS 4,851.93 TOTAL DUE VENDOR 4,851.93 VERIZON CALIFORNIA 0014010-42125-- 9096120740 PH.SVCS-FAX LINE C/CNCL 20.87 TOTAL PREPAIDS .00 TOTAL VOUCHERS 20-87 TOTAL DUE VENDOR 20.87 VISION INTERNET PROVIDERS INC 0014095-42395-- 8639 WEBSITE HOSTING FEES 360.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 360.00 TOTAL DUE VENDOR 360.00 WALNUT VALLEY UNIFIED SCHOOL DIST. 0015350-42140-- 12243 AR02031953 FACILITY RNTL-OCT-MAR 03 1,000-00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,000.00 TOTAL DUE VENDOR 1,000.00 WALNUT VALLEY WATER DISTRICT 1415541-42126-- WATER SVCS-DIST 41 1,130.19 1385538-42126-- WATER SVCS-DIST 38 5,178.28 0015340-42126-- WATER SVCS -PARKS 3,903.51 1395539-42126-- WATER SVCS-DIST 39 1,520.55 TOTAL PREPAIDS .00 TOTAL VOUCHERS 11,732.53 TOTAL DUE VENDOR 11,732.53 WELLS FARGO CARD SERVICES 0015510-42325-- MTGS-PUBLIC WORKS 62.23 0014090-42325-- SUPPLIES -GENERAL 6.21 0015350-41200-- SUPPLIES -HERITAGE PARK 130.70 0015350-42353-- SUPPLIES-B/DAY CELEB 356.86 0015350-42353-- SUPPLIES-B/DAY CELEB 5.40 0015310-42200.-- VEH MAINT-COMM SVCS 34.32 0015350-41200-- SUPPLIES -ARBOR DAY CELEB 12.71 0015350-42353-- SUPPLIES-B/DAY CELEB 34.16 0014090-42325-- SUPPLIES -GENERAL 19.10 TOTAL PREPAIDS .00 TOTAL VOUCHERS 661.69 TOTAL DUE VENDOR 661.69 CITY OF DIAMOND BAR RUN DATE: 05/15/2003 13:43:13 VOUCHER REGISTER PAGE: 10 DUE THRU: 05/15/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK HANZEL MARIN WOOD 001-23002-- 1528 RECREATION REFUND 50.00 TOTAL PREPAIDS -00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 WORDS DESIGN 1264411-41400-- 13010 71077 PROMO ITEMS -PENCILS 893.06 TOTAL PREPAIDS -00 TOTAL VOUCHERS 893.06 TOTAL DUE VENDOR 893.06 PAUL WRIGHT 0019090-44000-- 12208 A/V SVCS-PC,CNCL 210.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 210.00 TOTAL DUE VENDOR 210.00 REPORT TOTAL PREPAIDS .00 REPORT TOTAL VOUCHERS 157,093.42 REPORT TOTAL 157,093.42 AGENDA NO. 6.1.1 CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION MAY 6, 2003 STUDY SESSION: M/Herrera called the Study Session to order at 4:41 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 E. Copley Dr., Diamond Bar, CA. Present: Council Members Chang, O'Connor, Zirbes, MPT/Huff and M/Herrera Also present were: Linda Lowry, City Manager; Mike Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Doyle; Deputy City Manager; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Lynda Burgess, City Clerk; April Blakey, Public Information Manager; Sharon Gomez, Administrative Analyst; Fred Alamolholda, Senior Engineer; Kim Crews, Senior Management Analyst; Linda Smith, Development Services Assistant and Susan Full, Accountant ll. ► Fiscal Year 2003-04 Budget ► Public Comments 1) Fiscal Year 2003-04 Budget CM/Lowry reported that the agenda package budget packet carries this year's business forward into next year and does not address VLF reduction allocations from the state. The packet includes unaltered state subventions, positions that have been budgeted for this year, 3% cost -of -living increase and includes $25 iincrease in cafeteria plans for all full-time employees. The items included in the goals and objectives are continued into the budget. Staff's presentation includes an update of where staff sees themselves with regard to meeting the objectives within the goals. For the most part, if there were items pushed out when staff formulated revisions to this budget, those items have been built back into the budget that has been presented to the Council. In one case, the slurry seal items have been reflected on the cover sheet, the third page of the budget document. This shows the presentation of the "going forward" budget relative to the general fund living within its current -year resources. Staff has not moved spending prior - year fund balance carryovers and left slurry seal items off. Those would be visible down next to the bottom line where the capital transfer -out items are shown. We met with the Finance Committee this morning and were directed that the slurry seal items belong as part of the presentation for next year. In order to fund the slurry seal items because they have been approved in the current year budget, we could legitimately spend out of the general fund carryovers. The new spreadsheet includes the revised budget presentation to include the slurry seal items as part of the going -forward general fund business for next year with the anticipation that completion of the slurry seal is one of the best practices that the City wishes to continue. Staff looked at this proposal with the Finance MAY 6, 2003 PAGE 2 CC STUDY SESSION Committee and the Committee said to review the proposal as it would appear were the City to suffer a $1,000,000 reduction in VLF and make a third -round proposal were the City to suffer a $2,000,000 reduction in VLF. In accordance with those instructions, the second to the right column, third line from the top reflects a $1 million reduction in subventions. The last column on the right reflects an additional $1 million reduction in subventions. Accordingly, staff reviewed the reductions and each department head prepared an explanation of what those cuts would entail for them based on the budgets they had presented to the Council, that being a go -forward on this year's goals and objectives. With this information, Council could have a sense of the context within which it would be looking at other directions to staff on how to prepare another draft of the budget. The circumstance of having unknown revenues along with an ongoing set of goals and objectives invites criticism about the budget process. If Council would like staff to give a line by line explanation, that would be appropriate. The presentation could include presentations by department heads to indicate what they included in the original presentation, what would be the impact of $1,000,000 and $2,000,000 reductions. M/Herrera explained that the Finance Committee felt it would be better to take a more prudent approach rather than a "business as usual" approach in the budget that was distributed to the Council. Rather than wait to see what the state gives the City, the Finance Committee felt it would be better to prepare reduction scenarios from the outset in an effort to be pro -active rather than re -active. MPT/Huff stated that the budget is a complicated document. One of the things that confused him was how staff arrived at what are called "available resources" — general fund resources. For the sake of argument, assume a budget of $15,000,000 last year. Perhaps because the City did not have enough staff or did not get around to it, the City may have spent only $11,000,000 even though there was $14,000,000 allocated. So, the City basically built up $4,000,000 extra dollars than what was anticipated to build up the City's fund reserves. In looking at it once again, we could assume that this has already been allocated. So we're showing it now as a reserve. We had a way to target that in the past saying this is something the Council agreed on. We included it in the budget and it did not get spent. So now what we're looking at is this $19,000,000 and a $2,000,000 million reduction in available resources. Some of that money includes money from the past year that the Council allocated in this last fiscal year that for whatever reason was not spent. So, the general fund resources improved by a larger amount. But we still think in our heads that this thing is going to get taken care of because we budgeted for it. C/Zirbes said he went through the budget contained in the packet over the weekend and was comfortable with what he saw and with the numbers contained in the budget. He also understood the concern about whether there would be a reduction in the VLF. There is so much confusion about what's going on in Sacramento — "we're not going to take away from the cities" - "we're not going to MAY 6, 2003 PAGE 3 CC STUDY SESSION balance on the backs of the drivers." If Sacramento were looking to balance their budget he would believe they would be more likely to raise the vehicle license flees as opposed to doing what they did several years ago by passing along the deficit to the cities. He felt it was smart to take a look at alternative budgets in case the City is faced with the reduction, but he wondered what the likelihood would be that the City would see any reduction in the VLF. RAPT/Huff said that the assumption was the City would be hit in this current year. There's a stalemate going on between the two sides and no one wants to pull the plug on the VLF, but if they don't, they have to find a different way to balance the budget. Even if they pull the plug on VLF, it would solve only a part of the problem. If car owners are paying a higher VLF, the cities may still take a hit. That's the part we don't know. All we know is the question we rhetorically asked this morning. Are we in a situation of "business as usual" and the answer is "no." The state has a $25-35 billion deficit and they keep looking in our bank account. Questionnaires to cities ask these types of questions. What they're going to do is try and measure the reserves and set -asides. So, the Finance Committee felt that it should bring something to the Council that addressed "business as usual" although we don't think that's right, but we felt it was important to look at various scenarios. As a Council, we have to make an "on -faith" decision. Also, there are various constituencies within the City that advocate different capital items that have not yet been contemplated such. as soccer fields and a library. If we build a library, how do we maintain it? We need to figure out how much of this reserve can we spend and how much of the reserve can we not touch regardless. He felt it would be helpful to look at the budget in that way. Does the Council want to fund ongoing expenses out of the reserves or do you want to keep the capital. Secondly, does the Council want to do business as usual and fund the deficit with capital reserves? The subcommittee felt it should present something that would reflect what the City might anticipate. C/Zirbes said that as a business owner, he has always analyzed best case, worst case scenarios and consider at what point in time he would pull the plug on certain expenses. He felt it was prudent for the Council to do the same. However, being held up by the state causes a dilemma for this City. The City is to the point where it needs to be adopting some type of a budget coming into the new fiscal year. He would be curious to know from each of the directors what the City loses. NIPT/Huff said that if the City decided to proceed on a "business as usual" basis we might have to trim back when the budget is finally determined. C/Chang said that regardless of the items the state would probably cut some of the money flowing to the City anyway. It depends on how big the cut is. On the other hand, the City has enough so that it does not really have to worry about how much the state is cutting. Luckily, this City has money to supply its own budget. If we have problems in this City, we can resolve them. Although the problem is created from the state, the City still has the tools to resolve it. With MAY 6, 2003 PAGE 4 CC STUDY SESSION that in mind the City should certainly be more conservative in its spending. In the meantime, he does not believe the City should cut back on the quality of service. C/O'Connor felt there should be a starting point and that Council should proceed through the budget as submitted by staff to determine what cuts the Council would recommend. M/Herrera agreed that today is the starting point for Council to receive information. Staff has presented Council with a rollover budget. It is a snapshot of exactly what the City is doing today with respect to programs and revenues. CM/Lowry explained that because the City is trying to live within its resources, staff played with those resources to determine what could be done to decrease the amount of cuts. Because CSD/Rose's budget includes $110,000 in maintenance, staff thought to offset that amount by drawing down on bond money that can legally be spent for maintaining the parks. Staff snipped another $10,000 from the City Attorney's fee. According to the spending pattern, the City could probably live with that. Staff combined the office of the City Manager and City Clerk and pulled out the position of Senior Management Analyst and looked to combine other staffing resources, possibly looking to reduce some of the support staff in those areas resulting in an overall savings of about $78,000. Staff similarly combined Finance and Human Resources to reduce that budget amount through staffing reductions. Other changes involve Information Systems interns. Some of the changes anticipated for Public Information would be improvements in the newsletter and increase in inventory for the D.B. store. Those would likely be cut back for a $10,000 reduction. Additionally, there would be a general government reduction of $32,000. A rearrangement of law enforcement contract items such as the school safety program by not filling a vacancy and working with Lt. Maxey's staff is certain that the amount could be reduced significantly without adverse impacts to public safety. DCM/Doyle explained that there is presently one vacancy that is funded from the general fund. The other is a grant deputy. CM/Lowry said that staff considered cutting back on some of the coyote control. Staff pulled out the $75,000 allocated for community planning. Building and Safety is a based on demand. Staff removed an unfilled position and reduced overtime for Neighborhood Improvement. Staff could reduce Community Services Administration by removing part-timers. CSD/Rose said that removal of part time cost, overtime cost and small tool purchases would result in savings of about $26,300. Elimination of the track meet, tiny tots program and Winter Snow Fest would result in a $119,138 cost cut. DCM/DeStefano explained that more than half of the economic development budget goes to a particular business in town as a rebate in accordance with the MAY 6, 2003 PAGE 5 CC STUDY SESSION sales tax agreement. Therefore, the reduction of about $36,000 to meet the $1,000,000 goal would come entirely out of professional services (appraisal work, economic development work, financial consultant support). CM/Lowry said that with the above cuts, the savings is just under a $1,000,000 loft over at the end of the year. CSD/Rose confirmed to that the City realizes $90,000 from the track meet, tiny tots program and Winter Fest. The money goes into the general fund as revenue. C:/Chang felt it did not make sense to cut those programs to save money and that staff should re -look at that item. F'WD/Liu said that his department deleted the $100,000 carryover for the Neighborhood Traffic Management program. In this scenario, staff would propose to reduce a few more items. The proposed budget included $3,000 for traffic mitigation for the SR 57/60 HOV project. The other items include storm water runoff for a total reduction of $60,000. CSD/Rose said the budget was stripped down $25,000 from $50,000 for tree planting and $11,800 from the $150,000 street maintenance budget. CM/Lowry summarized that the above is the first blush of trimming the budget by $1,000,000. She then explained the items that were reduced in the $2,000,000 reduction column. Reduce park maintenance by an additional $50,000. Sell Prop A monies for $200,000. Additionally, staff took away the 3% (cost of living increase), the $25 (cafeteria benefit) and some of Council's travel money, and $5,000 of the City Attorney's allowance. Also, another $25,000 was removed from the City Manager's office budget. General government was further reduced. Bottom line — no CPI, all vacancies left open, no $25, no contract with video people, Mr. Neely, etc, public information reduction, less promotional business, law enforcement reductions of $100,000, 25% reduction in volunteer patrol services, some reduction and cutback in fire services, animal control and emergency preparedness. Emergency preparedness could potentially be reduced by $1,000. DCM/DeStefano said that of the $90,000 that remains to be cut from Community Services includes $25,000 for salaries, $30,000 for professional services and other small cuts. CSD/Rose explained that further cuts would eliminate certain maintenance items, replanting slopes and slurry seal for a couple of the park's parking lots. PWD/Liu said that the reduction would eliminate replacement of street signs. MAY 6, 2003 PAGE 6 CC STUDY SESSION CSD/Rose explained that the tree planting would be reduced by $40,000 and street sweeping would be reduced by $46,800. CM/Lowry further explained that the standard deposit for self-insurance would be eliminated. At this point, the fund is over $1,000,000. Even with the $2,000,000 reductions, staff expects a $1,000,000 amount of excess revenue over appropriations. The consideration is whether, as a policy matter, the Council would wish to redistribute the amount back up into the budget or hold it as a cushion for unanticipated increases or unanticipated shortfalls. C:/O'Connor asked what the 3% and $25 amount to. FD/Magnuson responded that the 3% cost of living adjustment would amount to approximately $86,900 and the $25 cafeteria increase would cost approximately $14,450, for a total adjustment of $101,400. C:/Zirbes asked what the open positions total would be. FD/Magnuson said the Senior Neighborhood Improvement Officer position comes to about $77,000 for salary and benefits and the Senior Management Analyst position is about the same. Currently, those are the two full-time positions that are open. CM/Lowry said that one of the creative ways to keep people is to leave those humans in the special fund. There could be other ways to reorganize the City around future vacancies and other ways to allocate funds for use of staff. M/Herrera said there is some speculation that the City will not take a big hit this year. A lot of people are predicting the hit will occur in the following year. Perhaps the Council does not need to spend a whole lot of time thinking about alternative ways of financing some of the personnel. However, we should start thinking about it for the long term for the following year. C:/O'Connor felt that salaries should not be cut. If the City can't keep its good employees, it has lost a great deal. The $90,000 should be left in no matter what. MPT/Huff said he didn't mind cutting the $1,000,000 cushion because it is all reserves. It seems the problem is reallocation because we haven't done all of the stuff that was included in prior budgets. C/O'Connor said that the residents have commented that the City should be spending its $20,000,000 reserves. CM/Lowry said that the problem with the state revenues being so up and down is the state's problem. Because of the City's foresight, it has not had to weather so MAY 6, 2003 PAGE 7 CC STUDY SESSION many of those ups and downs until now. In the last 30 years, certain cities have had to endure that. And now, D.B. is in that cycle. One of the ways the City can protect itself is to analyze the reserves and make policy decisions, your commitment about how you want those reserves to work. How do you want the City to arm itself so that either the reserves are always there or there is a definite plan to meet the goals. Before we knew the state was going to try and take the City's money, it was allocated for certain projects. Now that there is a potential shortfall, how do we reallocate that money not knowing if your revenues will be able to keep up with your expenditures and not knowing if spending that money will incrementally increase revenues or deplete revenues. Instead, we should plan for all contingencies. When the Council gave her employment interview, one of the questions was how the Council wanted to handle its reserves on an ongoing basis to cover the City on an emergency basis. How much reserve does the Council want to keep for something happening that the City didn't plan. She pointed out that it takes 120 days to amend personnel spending. It takes 120 days to figure out how to make a layoff policy or how to negotiate termination packages for employees. How much money do you think you have to have on hand to deal with that. The way you plan is to actually weigh those options and then create a capital improvement budget that goes five years out. Year to year allocation leads to confusion about how much is left from a prior year. How much of the fund balance is really committed to actual capital improvement projects? Instead, the money should be transferred out of the general fund into a capital improvement reserve and earmark the projects inside the reserves. This City does not put the money into projects until it needs it. That's what MPT/Huff was describing. It confuses the fund balance. If the planning fairy waves its wand and all of the projects should happen at once, you don't know where the funding is coming from. That would be the next stage. In order to be comfortable with a forward-looking operating budget, it would behoove Council to look at establishing a capital improvement reserve fund and then we can look at how much should be kept in the general reserve fund for emergencies and how much should be dedicated to development. She pointed out that there is a real opportunity for Council to determine how it wants to proceed. For instance, the cul-de-sacing of Washington St. was on the list because staff thought it needed to be done. However, it seems to no longer be a real apparent need. This is the type of discussion department heads need to have with Council — a real one-on- one discussion about Council's goals and how it wants to proceed. In addition, it would help to illuminate the scoring of priorities that each Council Member applied on an individual basis. This type of exercise would assist staff in formulating and prioritizing a new or ongoing budget. C/Chang said the City might not recover from the state budget cuts. The Council needs to decide what amount of cut it wants to go for. We should go item by item and decide what to cut. M/Herrera said that another scenario is to meet on May 13 and talk about some of the things previously outlined, talk about the Council's goals and the budget. MAY 6, 2003 PAGE 8 CC STUDY SESSION Once the Council knows the state's position, it would be in a stronger position to give staff direction about which column to pursue. C/Zirbes said he would also like to look at what the City could do to save money. At the same time, we should move forward with the proposed budget knowing there is a way that the City could save $1,000,000. Because this is a tough year, the City isn't going to put a million in the bank and instead of chopping $2,000,000 in services, cut back on some of the things proposed in the $11,000,000 cut and take the other million and consider it a $2,000,000 loss —just don't put the million in the reserves this year. There are a lot of things the City needs to provide. The proposed budget is solid. It keeps the City moving forward. Sacramento presents a question that can't be answered at this time. But it seems that staff has thought this through and considered a variety of options. As a Council, we need to consider what is important to the quality of life in this City. Is it really important for us, in a tough budget time, to put money in the bank? Some of the cuts in the $2,000,000 column seem severe while the City is still putting $1,000,000 in the bank. MPT/Huff reiterated his agreement that it was not necessary for the City to put away $1,000,000. In fact, this budget would allow the City to free those salary budget items. C:/O'Connor said that we could leave the budget as is. We could suffer the $1,000,000 and suffer $40,000 less. It's easy to drop $40,000. CSD/Rose explained that part of the cost for the Community/Senior Center maintenance is a one-time cost to outfit the facility for about $350,000. The remaining cost is $600,000 for the annual operating expenses. There would be no operating expenses until February 2004, about five months in the next fiscal year. C/O'Connor stated that the D.B. Community Foundation has been considering many ideas. CSD/Rose just mentioned $350,000 for furniture and fixtures. Would Council like to consider having individuals buy, for instance, a table and have a plaque with their name installed. Also, there was a suggestion to sell your name for the banquet hall. For a $1,000,000, you could have the banquet hall named after you. Some individuals want to donate art. Or, perhaps someone would like to make an endowment for the senior center, etc. Council could consider such ideas as a method of deferring costs. M/Herrera said the first thing the Council needs to determine is how to build for next year. Perhaps Council would want to draw up new list after listening to department heads talk about why we should eliminate something. After that, staff could bring Council a decision package to be considered along with the other items of concern. After the meeting, staff will provide blank goal sheets to work on next year's goals, continue the project assessment and get a clearer indication of how to proceed. MAY 6, 2003 PAGE 9 CC STUDY SESSION CM/Lowry offered that department heads could list some goals and options for discussion. C/O'Connor said it would be helpful if Council could get the wish lists from department heads prior to the meeting. M/Herrera said that before Council considers the rollover columns, it needs to know the costs involved with the Community/Senior Center so that the costs do rot have to be added back in later. C/O'Connor said that Council approved $15,000 in the budget for a grant writer. The Community Foundation has not spent all of that money because it just hired a grant writer. She noticed a line item in the budget that indicated $15,000 for a grant writer. Is that line item for the City or for the Foundation? DCM/Doyle responded that the Foundation grant would carry over into next year whatever funds are remaining at the end of this fiscal year. Last year when the grant writer was approved, it was done through a decision package and that decision package was not included in the budget now before you. The $15,000 budget line item is for the City's grant writer. The Foundation requested a study session with Council to determine what level of support, if any, the Council wanted to give the Foundation such as the minutes secretarial service of about $1,200 and funding for the grant writer. MPT/Huff said that the Foundation was formed to benefit the City. Funding was provided to help jump start the Foundation and help the Foundation to become self-sufficient in funding the Parks Master Plan. C/O'Connor agreed that the Foundation has to find other funding sources and looks to the grant writer for those sources. C/Zirbes said that if the grant writer is successful, he could produce 10 to 50 -fold the investment the City makes in the form of grants that it might not normally see as a City. If that were the case, the money spent would greatly benefit the City. It seems too early to tell how successful he will be. Following discussion regarding three separate budget scenarios for FY 2003-04, it was agreed that the discussion would be continued to Tuesday, May 13, 2003 at 4:30 p.m. in Room CC -8, SCAQMD/Government Center, 21825 E. Copley Dr. PUBLIC COMMENTS: None Offered. MAY 6, 2003 PAGE 10 CC STUDY SESSION ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the Study Session at 6:00 p.m. to Closed Session. LYNDA BURGESS, City Clerk ATTEST: CAROL HERRERA, Mayor AGENDA NO. 6.1.2 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR MAY 6, 2003 STUDY SESSION: M/Herrera called the Study Session to order at 4:41 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 E. Copley Dr., Diamond Bar, CA. Present: Council Members Chang, O'Connor, Zirbes, MPT/Huff and M/Herrera Also present were: Linda Lowry, City Manager; Mike Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Doyle; Deputy City Manager; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Lynda Burgess, City Clerk; April Blakey, Public Information Manager; Sharon Gomez, Administrative Analyst; Fred Alamolholda, Senior Engineer; Kim Crews, Senior Management Analyst; Linda Smith, Development Services Assistant and Susan Full, Accountant II. ► Fiscal Year 2003-04 Budget ► Public Comments Following discussion regarding three separate budget scenarios for FY 2003-04, it was agreed that the discussion would be continued to Tuesday, May 13, 2003 at 4:30 p.m. in Room CC -8, SCAQMD/Government Center, 21825 E. Copley Dr. CLOSED SESSION: ► Government Code Sec. 54957.6: Negotiators City designated representative Unrepresented employee: ► Public Comments 6:00 p.m. CC -8 Conference with Labor Finance Subcommittee (MPT/Huff and M/Herrera) City Attorney CALL TO ORDER: M/Herrera called the Regular City Council Meeting to order at 6:39 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21825 E. Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Mayor Herrera. INVOCATION: Monsignor James Loughnane, St. Denis Catholic Church MAY 6, 2003 PAGE 2 CITY COUNCIL ROLL CALL: Council Members Chang, O'Connor, Zirbes, Mayor Pro Tem Huff, and Mayor Herrera Also present were: Linda Lowry, City Manager; Mike Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Doyle; Deputy City Manager; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director and Lynda Burgess, City Clerk. APPROVAL OF AGENDA: CM/Lowry asked that Item 6.13.4, Approval of Letter of Support for SB 537 (Romero) — (Solid Waste Management) be continued to either the Special Meeting of May 13 or to the Regular City Council Meeting of May 20, 2003. Further, she requested that Item 7.1, Public Hearing regarding (Extended Stay America, be removed from the Agenda at the request of the Applicants who indicated they no longer wished to pursue the project. I. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presented City Tile to Heman Tanna, Vice President of Marketing and his daughter, Khyati Tanna, Marketing and Floor Operations Manager for Shear Artistry, as Business of the Month, May 2003 and displayd Business of the Month video. 11.2 Presented Certificate Plaque to David Lindzey, Principal, Diamond Ranch High School, awarded "California Distinguished School." 1.3 Presented Certificate Recognizing the AYSO "2003 Cottontail Country Classic" Tournament Committee for the tournament held in April. 1.4 Proclaimed May 2003 as "Water Awareness Month." 1.5 Proclaimed May 2003 as "Fire Service Month." Fire Capt. Nieto gave a overview of the fire department's functions and demonstrated different protective gear that firefighters use. 1.6 Presentation given by Raja Mitwasi, CalTrans representative, regarding the SR 57/60 High Occupancy Vehicle (HOV) Freeway reconstruction project (lane construction). C/O'Connor exclaimed that CalTrans indicated it would work closely with the contractor, but how about working closely with the City of D.B. She was outraged that main arteries connecting the City to the freeway system would be closed for several months and the adverse impact it would have on residents, businesses and City streets. She would have hoped that CalTrans would work closely with the City's staff to mitigate this situation. Mr. Mitwasi said that what he reported was not new to the City. CalTrans has been working with City staff since the day CalTrans started processing its MAY 6, 2003 PAGE 3 CITY COUNCIL environmental document for this project more than five years ago. He assured C/O'Connor that CalTrans would continue to work closely with City officials. C/O'Connor asked if CalTrans could keep one lane open to ensure access, or close the ramp during off-peak evening hours. Using the map, Victor Veltodino, project director, explained that the Brea Canyon on-ramp would have to be closed in order to complete a total realignment in order to accommodate the new Grand Ave. collector road. The westbound Brea Canyon off -ramp will be lowered six feet to accommodate the road going over the off -ramp. One of the contract requirements is that the contractor has to open the Grand Ave. on-ramp before he closes the Brea Canyon westbound on-ramp. One of those ramps will always be open. The Grand Ave. on-ramp will be closed from August to December. The westbound Brea Canyon ramp will be closed after the Grand Ave. on-ramp is opened. C/Chang suggested that the CalTrans representatives provide the City with a complete mitigation plan for the Council to study before their next presentation. The public continues to inquire about the project and the Council has no answers. Mr. Veltodino explained that the CalTrans traffic mitigation plan takes into account the current traffic conditions in and around D.B. It is very difficult to rebuild these ramps and maintain traffic flow in the immediate area. CalTrans will continue to work with the City to reduce the closure time. Mr. Mitwasi cautioned the Council that any contract changes would cause possible delays and increased expenditure of taxpayer dollars. Their job is to present the contractor's schedule and to work with the City's professional engineers to reduce the impact and period of time the ramps would be closed to traffic. CalTrans is equally concerned about presenting a minimal impact to the residents and business of the City. MPT/Huff said the City has been looking forward to this improvement for many years. Council knows that CalTrans has been talking to staff over a period of years and yet does not know how this project directly impacts the City during the construction phase. Will CalTrans have a Web site that indicates the closures and detours? Mr. Mitwasi explained that Public Information is formulating a Web Page for SR 57/60. This project will vastly improve the congestion currently experienced in this City. It is a parking lot between the SR57 and 60 and even east. This project will ensure a safer and smoother transition. MPT/Huff said that it is imperative that CalTrans and the City keep the public informed about this project. MAY 6, 2003 PAGE 4 CITY COUNCIL M/Herrera asked if the mitigation has been developed for this project. Mr. Mitwasi responded that mitigation has been identified. As the project moves forward, CalTrans will work closely with staff to mitigate the impacts. C/Zirbes asked CalTrans representatives to keep staff members apprised of impending stages of construction so that staff could keep the community alerted to each succeeding step in the process. He had not anticipated an eleven -month ramp closure. He asked if the ending date of the project was fluid. Mr. Mitwasi explained that CalTrans has to meet the end of 2006 date set by CTC (California Transportation Commission). He assured the Council that CalTrans would work very closely with PWD/Liu and the rest of City staff to minimize the impact to businesses and motorists. CalTrans is committed to sharing this information. Mr. Mitwasi responded to C/O'Connor that it is part of the plan to provide notification to Metrolink riders. '1.7 Presentation by the City's Public Information Division re: New City Web site. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/Lowry stated that during Closed Session, the City Council gave direction to the negotiator relative to the City Attorney's Professional Services Contract. 3. PUBLIC COMMENTS: Jody Roberto felt there was a great community need for a sports complex. She asked the City to identify potential future sites and feared that if the City waited too long, there would be no land available. It is time to take action and asked what the City needed in order to move forward. D.B. has long suffered from lack of practice fields for sports groups. 4. RESPONSE TO PUBLIC COMMENT: M/Herrera assured Ms. Roberto that Council Members are looking into the possibility of different sites for a possible sports complex. Council is aware of the community's desire for a sports complex. The City's youth is very important to this Council and to the community. 5. SCHEDULE OF FUTURE EVENTS: 5.1 TRAFFIC AND TRANSPORTATION COMMISSION MEETING - May 8, 2003 - 7:00 p.m., Hearing Board Room, SCAQMD/Government Center, 21865 E. Copley Dr. 5.2 LOS ANGELES COUNTY SHERIFF'S DEPARTMENT OPEN HOUSE — Diamond Bar/Walnut Sub -Station — May 10, 2003 - 10:00 a.m. - 3:00 p.m. 21695 E. Valley Blvd, Walnut. MAY 6, 2003 PAGE 5 CITY COUNCIL 5.3 CITY COUNCIL STUDY SESSION — May 13, 2003 — 4:30 p.m., Room CC -9, SCAQMD/Government Center, 21865 E. Copley Dr. 5.4 PLANNING COMMISSION MEETING — May 13, 2003 — 7:00 p.m., Auditorium, SCAQMD/Government Center, 21865 E. Copley Dr. 5.5 DIAMOND BAR COMMUNITY FOUNDATION MEETING - May 15, 2003 - 7:00 p.m., Room CC -8, SCAQMD/Government Center, 21865 E. Copley Dr. 5.6 DIAMOND BAR COMMUNITY FOUNDATION STREET SIGN AUCTION - May 17, 2003 -1:00 p.m., Sycamore Canyon Park, (lower parking lot) 22930 Golden Springs Dr. 5.7 COMMUNITY COORDINATING COMMITTEE — May 19, 2003 — 7:00 p.m., Room CC -2, SCAQMD/Government Center, 21825 E. Copley Dr. 5.8 CITY COUNCIL MEETING - May 20, 2003 - 6:30 p.m., Auditorium, SCAQMD/Government Center, 21825 E. Copley Dr. 6. CONSENT CALENDAR: Moved by C/Zirbes, seconded by MPT/Huff to approve the Consent Calendar, with the exception of Items No. 6.7 and 6.13.1. Motion carried by the following Roll Call vote with C/O'Connor voting NO on 6.3, P.O. #s 12343 and 12479: AYES: COUNCIL MEMBERS - Chang, O'Connor, Zirbes, MPT/Huff, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVED CITY COUNCIL MINUTES: 6.1.1 Study Session of April 15, 2003 - As submitted. 6.1.2 Regular Meeting of April 15, 2003 - As submitted. 6.2 RECEIVED & FILED PARKS & RECREATION COMMISSION MINUTES - March 27, 2003. 6.3 APPROVED WARRANT REGISTERS dated April 17, April 24 and May 1, 2003 in the total amount of $962,693.13. (C/O'Connor voted no on P.O. Nos. 12343 and 12479.) 6.4 REVIEWED AND APPROVED TREASURER'S STATEMENT - month of March 2003. MAY 6, 2003 PAGE 6 CITY COUNCIL 6.5 APPROVED BOND EXONERATIONS: 6.5.1 CASH DEPOSIT IN LIEU OF GRADING BOND IN THE AMOUNT OF $1,477 FOR LOT NO. 51 OF TRACT NO. 30289 (2676 STEEPLECHASE LANE, "THE COUNTRY ESTATES"). 6.5.2 GRADING BOND (FAITHFUL PERFORMANCE BOND NO. 103172911693) IN THE AMOUNT OF $1,650 FOR ARCO FACILITY #5914 AT 3302 S. DIAMOND BAR BLVD. 6.6 THIS ITEM REMOVED FROM THE AGENDA 6.8 APPROVED LICENSE AGREEMENT WITH THE CITY OF INDUSTRY FOR GRAND AVE MEDIAN LANDSCAPE IMPROVEMENTS. 13.9 ACCEPTED AND APPROPRIATED INTO THE GENERAL FUND DIAMOND BAR COMMUNITY FOUNDATION DONATION IN THE AMOUNT OF $1,500 TO FUND AN ADDITIONAL COMMUNITY CONCERT ON WEDNESDAY, JUNE 25, 2003 AT SYCAMORE CANYON PARK FROM 6:30 TO 8:00 P.M. E3.10 ADOPTED RESOLUTION NO. 2003-17 APPROVING DESTRUCTION BY THE CITY CLERK OF CITY RECORDS AND DOCUMENTS WHICH ARE NO LONGER REQUIRED AS PROVIDED UNDER GOVERNMENT CODE SECTION 34090. 6.11 ADOPTED RESOLUTION NO. 2003-18 APPROVING FISCAL YEAR 2002- 03 MID -YEAR BUDGET AMENDMENT (MAY REVISION). (Continued from April 15, 2003) 6.12 RECEIVED AND FILED STREET SWEEPING PARKING CITATION EXEMPTION/DISMISSAL POLICY. 6.13 LEGISLATIVE ISSUES: 6.13.2 ADOPTED RESOLUTION 2003-19 OPPOSING AB 496 (CORREA), UNLESS AMENDED TO INCLUDE LOS ANGELES COUNTY REPRESENTATION, LAND ACQUISITION APPROVAL AND PROHIBITION OF THE USE OF EMINENT DOMAIN. 6.13.3 ADOPTED RESOLUTION 2003-20 SUPPORTING AB 1652 (NAKANO), EXPANSION OF THE LOS ANGELES METROPOLITAN TRANSPORTATION AUTHORITY BOARD. 6.13.4 APPROVE LETTER OF SUPPORT FOR SB 537 (ROMERO) - SOLID WASTE MANAGEMENT — Continued to May 13, 2003 or May 20, 2003. MAY 6, 2003 PAGE 7 CITY COUNCIL SPECIAL PRESENTATION: On behalf of the Diamond Bar Community Foundation, Board Member Jody Roberto presented the City with a donation of $1,500 to pay for an additional Concert in the Park to be held June 23, 2003. M/Herrera accepted the donation with gratitude on behalf of the City Council. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.7 AWARDED CONTRACT TO PDG & ASSOCIATES FOR CONSULTING SERVICES TO COMPLETE THE YOUTH MASTER PLAN IN THE AMOUNT OF $82,000 AND AUTHORIZE A CONTINGENCY IN THE AMOUNT OF $5,000 FOR A TOTAL AMOUNT OF $87,000. M/Herrera felt a Youth Master Plan was important. The City values its youth. As a former school board member, she worked closely with the youth in the community and believed it was important for the City to provide wholesome activities. She felt there were other more fiscally responsible ways to accomplish this contract and that the City should not approve the contract at this time. D.B. has several contracts from other communities to use as a basis for a Youth Master Plan. She could not support $87,000 to reinvent the wheel. MPT/Huff said that during last year's budget, the Youth Master Plan was a goal of the Council as witnessed by the $50,000 allocation. At the last meeting the Council found out it would cost even more. He agreed with M/Herrera that there are different ways within the budget to accomplish the same thing. Clearly, the new amount is not within the budget. The Council majority allocated funds, the reason this is before the Council tonight for consideration. In a time when the state is facing a $25-30 billion budget, at a time when the cities do not know what their impacts are, it is a time to move slow to implement new programs. C/Zirbes stated that the youth in D.B. are an asset and spending the money now will enable the City to know what to implement tomorrow. The City has a lot of new programs coming on-line. The City has a new community center coming on-line and he would like the City to be able to use the center to its fullest potential. Therefore, he would like to communicate with the City's youth to find out how they would like to utilize the facility and what types of programs they would like to take advantage of in the City. Relying on volunteers or part time employees is fine, but in a contract City where staff is already overburdened and overworked, asking them to do something of this magnitude is, in his opinion, unfair to them because of a possible budget crunch. 7. MAY 6, 2003 PAGE 8 CITY COUNCIL Moved by C/Zirbes, seconded by C/O'Connor to approve the contract to PDG & Associates for consulting services to complete the Youth Master Plan in the amount of $82,000 and authorize a contingency in the amount of $5,000, for a TOTAL AMOUNT OF $87,000. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, O'Connor, Zirbes, NOES: COUNCIL MEMBERS - MPT/Huff, M/Herrera ABSENT: COUNCIL MEMBERS - None C/Chang said he understood the pressure of the state's budget crunch. Fortunately, D.B. has reserves that allow it to implement programs that are important and valuable to the residents of D.B. The City is not just working on a community center, it is also committed to working on the entire Master Plan. It would not make sense to spend $12 million on a community center and not be able to accommodate the youths' needs. 6.13.1 ADOPT RESOLUTION 2003 -XX OPPOSING AB 1221 (STEINBERG AND CAMPBELL) BALANCED COMMUNITIES ACT. MPT/Huff asked that a policy on handling legislation be adopted by the Council. The City has a legislative subcommittee that should initially consider these types of resolutions before they are submitted to Council unless there is a matter of urgency. Last year, there was a Steinberg bill that would redistribute taxes around Sacramento in a specific and tailored manner. This bill is an expansion on that and probably more palatable to cities and was a step in the right direction for cities such as D.B. This City has very little opportunity for sales tax dollars. It would make sense to have more of the City's budget come from property tax. He was concerned that this bill would give the state legislature a hook into the money — if it is collected, there is no constitutional guarantee that it would come back to the City. If this Council is going to oppose this bill, the legislature should learn what the concerns are by passing a resolution that presents them with the concerns. For that reason, he suggested the Council take no position on this until staff brings back a resolution with that type of language. MPT/Huff moved, C/Zirbes seconded to continue the matter until either May 13, 2003 or May 20, 2003. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, O'Connor, Zirbes, MPT/Huff, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None PUBLIC HEARINGS: None MAY 6, 2003 PAGE 9 CITY COUNCIL 8. COUNCIL CONSIDERATION: 8.1 ADOPT RESOLUTION NO. 2003-21: AMENDING RESOLUTION NO. 1996- 41C, AMENDING THE PARKING PENALTY SCHEDULE AND LATE PAYMENT FEES. (Continued from April 15, 2003) MPT/Huff moved, C/Chang seconded, to adopt Resolution No. 2003-21. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, O'Connor, MPT/Huff, M/Herrera NOES: COUNCIL MEMBERS - Zirbes ABSENT: COUNCIL MEMBERS - None 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Zirbes attended a variety of meetings, grand openings, and other events during the past three weeks. He wished all Mothers a Happy Mothers' Day. He pointed out that on June 7 the D.B.I.A. would hold its annual "Paint the Town" day. He invited volunteers to participate in the event. CVO'Connor invited residents to purchase a D.B. Community Foundation tile for display at the new Community/Senior Center. In addition, the Foundation is having a street sign sale. Take advantage of your opportunity to own one of these collector items. The sale will take place on Saturday, May 17 at 1:00 p.m. in Sycamore Canyon Park. All of the proceeds are used by the Foundation for the betterment of D.B. The Foundation recently held a retreat with its grant writer. One of the projects authorized by the Foundation is the Sycamore Canyon Trailhead project. The Foundation is attempting to secure a grant to supplement the City's grant of $118,000 for a total of $240,000 to complete the project. The Foundation committed $25,000 toward securing the grant. She encouraged everyone to support the D.B. Community Foundation. She asked that tonight's meeting be adjourned in memory of the father of City employee Jim DeFriend. She offered condolences to him and his family. C/Chang said that D.B. is a great City with great events that indicate very supportive residents, hard working staff members and a great Chamber of Commerce. For example, the Easter Egg hunt was a great event attended by thousands of kids. Within a couple of minutes 7-8,000 eggs were retrieved. Several residents including Jack and Wanda Tanaka helped make this event possible. He thanked the community for their participation. About 9,000 citizens attended the City's Birthday Party, another great event enjoyed by all. Almost every booth sold out and some went through several rounds of food. The dedicated staff did a wonderful job putting this event together and making certain everything went off as planned. The Chamber of Commerce had a wonderful Casino Night and helped raise money. Today the Council joined with the seniors to celebrate Mothers' Day. With the award MAY 6, 2003 PAGE 10 CITY COUNCIL bestowed upon Diamond Ranch High School, D.B. now enjoys two very good high schools. In addition, according to a local real estate broker, property values have increased dramatically in the northern part of D.B. MPT/Huff said that he did not vote against the Youth Master Plan tonight. He voted no because he was frustrated since the City was over the budget it had previously established. In addition, he was frustrated that the City did not explore other more cost-effective ways to meet the needs of the City's youth. On April 21, he attended a Four Corners meeting during which SCAG's Growth Visioning Group made its presentation. The group has a bold way of thinking about how communities are planned. Overall, the view is to look at how the state would look if city boundaries were removed. SCAG will be holding workshops in different regions. He encouraged his fellow Council Members to become involved in the process and provide feedback from the outset. On April 23, he extended commendations on behalf of the Council to outgoing Walnut Mayor Tony Cartagena. Tom Sykes is the new Mayor. On April 24, most of the Council attended the Volunteer Recognition dinner. On April 25, he attended a Foothill Transit meeting. On April 26, he attended the Chamber's Casino Night and on April 27, the City Birthday Party. On April 28, he attended the Alameda Corridor East meeting. The Nogales project is moving forward. Temple Ave. is a diversion and most of the agreements are in place for acquisition of CalPoly property. The project is scheduled to lose about $60-70 million that would impact three intersections including Brea Canyon Rd. The COG is looking to reprioritize funds. On April 30, he attended the Habitat for Humanity banquet. Many cities, including Pomona, have active chapters. Many throwaway items are retrieved by Waste Management and donated to Habitat for Humanity. On May 1St , he, C/Chang, Friends of the Library and staff members traveled to view the library in Calabasas. It was a very encouraging trip and the information will be shared with the other Council Members in the near future. On May 5, he attended the COG's President's Council in the morning followed by a Gold Line meeting. The Gold Line Authority turned the keys over to MTA on the project taken over by COG. The project was built on time and on budget. MTA will be testing the system at length before they run it because it will cost money to operate. There is also a desire to take it from the Sierra Madre terminus to Claremont and possibly Montclair. He enjoyed the senior's Mothers' Day luncheon and wished everyone a Happy Mothers Day. M/Herrera said it is apparent that Council Members work diligently on behalf of the community. The best and biggest event was the City's Birthday Party. It was a wonderful event — the weather was wonderful and all day long people commented to her what a wonderfully organized event it was. It was a better event than people had ever seen witnessed by the number of attendees. The variety of entertainment and organization was bigger and better than ever before. This year, there were still a lot of people enjoying the camaraderie and music. She thanked staff, C/O'Connor, C/Zirbes and residents who came together to make the event very special. MAY 6, 2003 PAGE 11 CITY COUNCIL 10. ADJOURNMENT: There being no further business to discuss, M/Herrera adjourned the meeting at 8:37 p.m. to Tuesday, May 13, 2003 at 4:30 p.m. in memory of Joseph DeFriend, father of City staff member Jim DeFriend. LYNDA BURGESS, CITY CLERK ATTEST: CAROL HERRERA, MAYOR Agenda No. 6.2.1 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MARCH 25, 2003 CALL TO ORDER: Chairman Ruzicka called the meeting to order at 7:00 p.m. in the South Coast Air Quality Management/Government Center Auditorium, 21865 East Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Chairman Ruzicka led the pledge of allegiance. 2. ROLL CALL: Present: Chairman Joe Ruzicka, Vice Chairman Steve Tye, and Commissioners Steve Nelson, Dan Nolan and Jack Tanaka. Also Present: James DeStefano; Deputy City Manager, Ann Lungu, Associate Planner, Linda Smith, Development Services Assistant, and Stella Marquez, Administrative Assistant. REORGANIZATION OF THE PLANNING COMMISSION — Selection of Chairman and Vice -Chairman. Deputy City Manager James DeStefano opened nominations for Chairman of the Planning Commission for the term of one year through March 2004. Commissioner Nelson nominated Commissioner Tye to serve as Chairman of the Planning Commission. Commissioner N :an seconded the nomination. There being no other nominations offered, Secretary DeStefano closed the nominations. Commissioner Steve Tye was selected to serve as Chairman of the Planning Commission by majority Roll Call vote as follows: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Nelson, Nolan, Ruzicka, Tanaka None Tye None Chair/Tye opened nominations for Vice Chairman of the Planning Commission. March 2;5, 2003 Page 2 PLANNING COMMISSION Commissioner Ruzicka nominated Commissioner Nolan to serve as Vice -Chairman. Commissioner Tanaka seconded the nomination. There were no other nominations offered. Commissioner Dan Nolan was selected to serve as Vice -Chairman of the Planning Commission by Unanimous Roll Call vote as follows: AYES: COMMISSIONERS: Ruzicka, Tanaka, Nelson, Nolan, Chair/Tye NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None Cha.ir/Tye presented a service plaque to outgoing Chairman Ruzicka and thanked him for his leadership and character during his service as Planning Commission Chairman. DCM/DeStefano reported on the plethora of projects considered and approved by the Planning Commission during Chairman Ruzicka's tenure. These projects included Development Code amendments approving three cyber cafes internet gaming, Diamond Bar Honda expansion project, the K-Mart/Diamond Bar Village zone change, Parcel Map for the Best Western Hotel, South Coast Cabinet industrial building/office building, as well as the Global Mission and Extended -Stay America project. Chair/Ruzicka commented that after attending the Planning Institute and discussing staffs with many planning commissioners across the state how much more he appreciates his staff's efforts. 3. MATTERS FROM THE AUDiEtiCE/pUEi- COMMENTS: None Offered. 4. APPROVAL OF AGENDA: As presented. 5. CONSENT CALENDAR: 5.1 Minutes of Regular Meeting of February 25, 2003. C/Ruzicka moved, C/Nelson seconded, to approve the February 25, 2003, minutes as presented. Without objection, the motion was so ordered. 6. PUBLIC HEARING(S): None 7• OLD BUSINESS: None 10 March 25, 2003 Page 3 PLANNING COMMISSION 8. NE:W BUSINESS: None 9. PLANNING COMMISSION COMMENTS: VC/Nolan said he enjoyed the Planners Seminar in San Diego. As a result, he believed that the relationship among Commissioners as well as, the professionalism of the Diamond Bar staff is outstanding. He thanked staff for their support to the Commission and congratulated outgoing Chairman Ruzicka on his service to the Commission. C/Nelson looked forward to working with the Planning Commission and new leadership in the coming year. C/Tanaka thanked staff and his fellow Commissioners for their support. He too acknowledged the outstanding cooperation amongst staff and Commissioners which apparently is not found in other cities throughout the state. He thanked outgoing Chairman Ruzicka for his service during the past year. Chair/Tye agreed with comments from his fellow Commissioners. He also met with other city commissioners who were involved in contentious commissions and cities. It is a pleasure for him to serve with his fellow commissioners. C/Ruzicka has served on the Planning Commission for eight years and this is the best Commission. He felt like a sparrow amongst eagles. The current Commissioners are hardworking and knowledgeable and he is very proud to servenk with them. He thanked staff for their service to him and asked that they please tha Council for sponsoring their attendance at the San Diego conference. conference was difficult and hard work. There were some very tough sessionThe s at the conference and it became appare-it to hin, : a vivid way as to how much contention there is on commissions around the state and between commissions and staff. It was a real eye-opener and he was very pleased to be able to attend. He hopes the Council continues to help the Commissioners by sponsoring them to attend these conferences. He was very pleased to have four out of five Commissioners attend and wished it could have been all five in attendance so that the Commissi have the common experience in facing future projects. oners INFORMATIONAL ITEMS: DCM/DeStefano agreed that the conference was outstanding. Staff collected information from several seminars and is putting together a binder that can be shared by the Commissioners and Council Members. He pointed out that the League has additional session information on its web site. Chair/Tye encouraged participation in Sunday's Friends of the Library Wine Soiree. March 25, 2003 Page 4 11. SCHEDULE OF FUTURE EVENTS: As presented in the agenda. ADJOURNMENT: PLANNING COMMISSION There being no further business to come before the Planning Commission, Chairman Tye adjourned the meeting at 7:15 p.m. Att s\_,L �---" Chairman Steve Tyle He, pectfully Submitted, Jaynes DeStef o Deputy City Ma ager Agenda No. 6.2.2 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION APRIL 22, 2003 CALL TO ORDER: Vice Chairman Nolan called the meeting to order at 7:01 p.m. in the South Coast Air Qualit\ Man agement/Government Center Auditorium, 21865 East Copley Drive, Diamond Bar. California 91765. PLEDGE OF ALLEGIANCE: Commissioner Tanaka led the pledge of allegiance. 1. ROLL CALL: Present: Vice -Chairman Dan Nolan, and Commissioners Steve Nelson, Joe Ruzicka and Jack Tanaka. Chairman Steve Tye was excused. Also Present: James DeStefano, Deputy City Manager, Ann Lungu, Associate Planner, Linda Smith, Development Services Assistant. and Stella Marquez. Administrative Assistant. 2. MATTERS FROM THE AUDIENCEIPUBLIC COMMENTS: None Offered. . 1PPR O1 AL OF AGENDA: As presented. 4. ")NSEN'T CALENDAR: 4.1 Minutes of Regular Meeting of March 25, 2003. C/Ruzicka moved. C/Tanaka seconded, to approve the March 25, 2003, minutes as rresented. Without objection. the motion was so ordered with Chair/Tye being ahsent. OLD BUSINESS: None. 6. NE«V BUSINESS: None. APRIL 22, 2003 Page 2 PLANNING COMMISSION 7. PUBLIC HEARING(S): 7.1 Development Review 2002-34 (pursuant to Code Section 22.48.020) is a request to construct a 31,050 square foot single -story building to be utilized for medical services-clinic/labs on a vacant lot in the Gateway Corporate Center. PROJECT ADDRESS: 1336 Bridge Gate Drive (Lot 18, Tract 39679) Diamond Bar, CA 91765 PROPERTY OWNER: kaiser Foundation Health Plan, Inc. 393 W. Walnut Street Pasadena, CA 91188 APPLICANT: Nancy Burke 393 W. Walnut Street Pasadena, CA 91188 DC,%I/DeStefano reported that staff was prepared to move forward with i presentation this evening in response to the advertised public hearing. Howeverts , the project was rejected by the Gateway Corporate Center Architectural Review Commission. Asa result, the applicant requested that the public hearing be delayed for n% o months. Staff proposes that the public hearing be continued to May 27, 2003, to review the status of the project. �'C'Nolan opened the public hearing. fhcrc tk as no one present who wished to ;peak on this matter. C'Ruzicka moved. C/Nelson seconded, to continue the public hearing for Dc\ clopment Review 2002-34 to May 27, 2003. Moti Roll Call %ote: on carried by the following -AYES: COMMISSIONERS: Ruzicka, Nelson, Tanaka, DOES COMMISSIONERS: ABSENT: COMMISSIONERS: None VC/Nolan Chair/Tye Yi. PLA NN1.\ (; COMMISSION COMMENTS: C/Tanaka stated that the City and Diamond Bar- Breakfast Lions Club recently completed their very successful 20`h annual Easter Egg Hunt and Pancake Breakfast. APRIL 22, 2003 Page 3 PLANNING COMMISSION VC'/Nolan reminded Commissioners and audience members that the Diamond Bar BirthdaN Celebration would take place this Sunday at Pantera Park beginning at 12:00 noon. 9• INFORMATIONAL ITEMS: DCM/DeStefano reported that the Extended-Star America Hotel project was sent to Council for a public hearing on April 1 and was continued to April 15 at the request of the applicant. On the moming of ed an additional extension of time to the City Council's meeting oflMay 6e Asotf cant veste daN,requesAl Anz, project director, reported to him that the project is definitely ago. In genera], comments from Council were similar to the Planning Commission questions and concerns. 10. SCHEDULE OF FUTURE EVENTS: As presented in the agenda. ADJOURNMENT: There Nein« no further business to come before the Planning Commission, V udloumed the meeting at 7:11 p.m. ice Chairman Nolan Respectfully Submitted, James DeStefano Deputy City Manager ����' Chairn;an Dan Vvulan CITY OF DIAMOND BAR Agenda No. 6.3 MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION MARCH 13, 2003 CALL TO ORDER: Chairman Virginkar called the meeting to order at 7:10 p.m. in the South Coast Air Quality Management/Government Center Hearing Board Room, 21865 E. Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Kashyap led the Pledge of Allegiance. ROLL CALL: Present: Chairman Virginkar, Vice Chairman Morris, and Commissioners Kashyap, Pincher and Torng. Also Present: David Liu, Public Works Director, Fred Alamolhoda, Senior Engineer; Sharon Gomez, Management Analyst; John Ilasin, Assistant Engineer, Debbie Gonzales, Administrative Assistant and Deputy Diane Dodd. REORGANIZATION OF THE TRAFFIC AND TRANSPORTATION COMMISSION Chair/Virginkar nominated VC/Morris to serve as Chairman for the ensuing term. C/Pincher seconded the nomination. There were no other nominations offered. Upon Roll Call vote, VC/Morris was unanimously elected to serve as Chairman of the Traffic and Transportation Commission Chair/Morris thanked Chair/Virginkar for his thoughtful leadership and service to the Commission. C/Torng nominated C/Pincher to serve as Vice -Chairman of the Traffic and Transportation Commission. C/Kashyap seconded the nomination. There were no other nominations offered. Upon Roll Call vote, C/Pincher was unanimously elected to serve as Vice -Chairman of the Traffic and Transportation Commission. II. APPROVAL OF MINUTES: A. Minutes of January 9, 2003. PWD/Liu explained that the January 9 minutes were revised from verbatim to action minutes. VC/Pincher moved, C/Virginkar seconded, to approve the revised January 9, 2003 minutes as presented. Without objection, the motion was so ordered. MARCH 13, 2003 PAGE 2 T&T COMMISSION E3. Minutes of February 13, 2003. CNirginkar moved, C/Torng seconded, to approve the minutes of February 13, 2003 as presented. Without objection, the motion was so ordered. III. COMMISSION COMMENTS: VC/Pincher thanked Chair/Virginkar for his leadership and polite decorum during his tenure as Vice Chairman. She learned a great deal from him during the past year. C/Kashyap thanked CNirginkar for his leadership as Chairman of the Traffic and Transportation Commission. CNirginkar stated that earlier this week he rode to the airport in a yellow cab. As it Happens, the cab driver was a former dispatcher for the City's Dial -a -ride program for six years. The driver said that the D.B. program is one of the best in which he has participated and very much appreciated by the participants. IV. PUBLIC COMMENTS: Yancy Yap, 449 N. Prospectors Road, complained about the speeding vehicles on his street. In addition, it presents a safety hazard to young people crossing the street in order to get to school. Placement of the radar trailer helped but once it leaves the area drivers speed up and down the street. He asked the Commission to consider placing speed humps on his street. Chair/Morris explained to Mr. Yap that there is currently a moratorium on speed humps. The City Council will reconsider the issue in the near future. He further explained that the radar trailer is scheduled to be back in his area two weeks from today. Deputy Dodd has noted the concern and will speak with her colleagues regarding this matter. He thanked Mr. Yap for voicing his concerns and asked him to pass along any vehicle license numbers of offenders to Deputy Dodd. PWD/Liu reported that the stretch of Prospectors Road referred to by the speaker has been identified in the current CIP program. The City is looking to resurface the roadway and incorporate traffic calming devices. Staff has been holding a series of neighborhood meetings to discuss these mitigation efforts and PWD/Liu encouraged Mr. Yap to attend and invite his neighbors to attend as well. Deputy Dodd said that when she was conducting a speed survey on Prospectors Road she noticed that vehicles were traveling faster than they should be traveling. As a result, she requested that Deputy Castro monitor the area in his free time. As of yesterday, Deputy Castro had written 11 speeding citations. She believed the area was used as a cut -through from the freeway to Golden Springs Drive. V. CONSENT CALENDAR: None MARCH 13, 2003 PAGE 3 T&T COMMISSION Vi. ITEMS FROM STAFF A. Traffic Enforcement Update — Report by Deputy Dodd - Received and filed on the following items: 1. Citations: February 2003 Deputy Dodd reported that the majority of the high number (1557) of citations were a result of enforcement of street sweeping. 2. Collisions: February 2003 Deputy Dodd reported that collisions were up as a result of significant rainfall and wet conditions. 3. Radar Trailer Development 4. Results of Traffic Operations 5. Future Deployment of the Radar Trailer CNirginkar thanked the Sheriff's Department for their good work on behalf of the City. PWD/Liu explained that the increase in citations during the month of January was due in part to the fact that during January street sweeping was increased from bi-weekly to weekly. VII. OLD BUSINESS: None VIII. NEW BUSINESS: A. Traffic Concerns on Armitos Place. Chair/Morris explained that this item came to the Commission as a result of a concern from a resident living on Fern Place who is not present this evening. MA/Gomez presented staff's report. Staff recommends that the Traffic and Transportation Commission concur with staff to deny installation of multi - way stop signs at the intersection of Armitos Place and Fern Place. CNirginkar noted that there is a visibility obstruction at the intersection. According to the traffic study the majority of cars travel at speed in excess of 35 mph. He felt that although the vehicle volume might not warrant stop signs, the overall safety in the area should be considered and that MARCH 13, 2003 PAGE 4 T&T COMMISSION installation of the flashing beacon and multi -way stop signs would divide the entire stretch into three parts and help slow the traffic. VC/Pincher said she drove the area and found it difficult to access Armitos Place from Fern Place because it was difficult to see the oncoming downhill traffic and that it was very close to Golden Springs Drive and the fire station. She suggested "watch for cross traffic or watch downhill speed" because it felt unsafe to pull out onto Armitos Place from Fern Place. Chair/Morris noted that between Fern Place and Carpio there are no homes fronting Armitos. He agreed that there is a slight obstruction and recommended that the homeowners on the uphill side of Fern Place be asked to trim back the shrubbery or replace it with ground cover to increase visibility. He further recommended that the Commission wait to see how successful the beacon is at deterring traffic. He believed that installation of any traffic mitigation at that corner could adversely impact the fire station. C/Kashyap concurred with C/Virginkar that there should be some mitigating action taken at the site. He did not know if multi -way stop signs would provide the answer. CNirginkar agreed that the Commission should postpone this matter to see if the flashing beacon mitigates the concern. CNirginkar moved, VC/Pincher seconded, to concur with staff's recommendation to deny installation of multi -way stop signs at the intersection of Armitos Place and Fern Place. Further, staff is directed to look into placement of warning signs and monitor the area for six months following installation of the flashing beacon and report back to the Commission on its degree of success or failure. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kashyap, Pincher, Torng, VC/Morris, Chair/Virginkar NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None IX. STATUS OF PREVIOUS ACTION ITEMS: PWD/Liu reported that at it's March 4. meeting the City Council approved the Commission's recommendation to install multi -way stop signs on Lemon Avenue and Willow Bud Drive. Staff ordered the signs and the installation should take place within a month. On March 18 the City Council will consider the following three items from Public Works: 1) The proposed traffic signal modification on Grand Avenue at Shotgun at "The Country Estates" ingress/egress and the new Community/Senior Center main entrance; 2) approval of design and construction for Area 5 slurry seal program and 3) additional signage for the City's street sweeping program. MARCH 13, 2003 PAGE 5 T&T COMMISSION X. ITEMS FROM COMMISSIONERS: Chair/Morris congratulated staff for being ahead of schedule on residential street name sign replacement. XI. INFORMATIONAL ITEMS: A. Clear Creek Canyon/Diamond Bar Boulevard PWD/Liu reported that in accordance with the Commission's recommendation for staff to consider a new circulation pattern from the Ralph's Center onto Clear Creek Drive, staff intends to discuss the matter with the City's planning consultant and the center's owner about forthcoming plans and possibilities. Chair/Morris felt there was room next to Great Western Bank for a driveway. If that did not happen, the area between Big Lots and Ralph's could allow turns into the center with modification to eliminate traffic across Diamond Bar Boulevard. B. School Safety Study MA/Gomez reported that at the end of January and February staff met with Diamond Bar High School and school district members to discuss the traffic circulation and devised a plan to mitigate current traffic problems. This week staff approved an agreement with the traffic engineer to conduct traffic studies based on the proposed plan and bring back his recommendation for mitigation of traffic circulation for approval by all parties. The engineer will also look at two traffic signal modifications, one at Evergreen Springs Drive/Pathfinder Road and the other side of Fern Hollow/Brea Canyon Rd/Pathfinder Rd. Council agreed not to approve the traffic signals until the overall traffic circulation plan was developed. C/Torng felt the traffic signal installation should proceed as quickly as possible for safety reasons. C/Torng conveyed a resident's concern that when the City conducts its study it should consider placing "No U-turn" signs on both Fern Hollow Drive and Evergreen Springs Drive. C. Request for Parking on Brea Canyon Road by Good Time Donut Shop MA/Gomez reported that at the Commission's request, staff spoke with the donut shop owner and their spokesperson. As a result, staff ordered special signage for placement on Brea Canyon Road that allows one-hour parking between 6:00 a.m. and 2:00 p.m. for about 60 feet of curb. The signage includes "No Parking between 2:00 p.m. and 6:00 a.m." The donut shop owners are happy with the solution and the signs should be installed within the next two weeks. MARCH 13, 2003 PAGE 6 D. Neighborhood Traffic Management Program T&T COMMISSION PWD/Liu stated that prior to tonight's meeting staff distributed six sets of proposals along with the original RFP's to VC/Pincher and C/Kashyap for their review and recommendation. Staff proposes to interview three or four consultants. State law requires the City to select consultants based upon qualifications. Fee is a consideration but not the criteria. SE/ Alamolhoda asked VC/Pincher and C/Kashyap to have their evaluations to staff no later than March 31 so that staff could schedule interviews for the week of April 7. Staff proposes to forward its recommendation to Council on Tuesday, April 15. He asked to meet with VC/Pincher and C/Kashyap on April 2 at 4:00 p.m. E. Citywide Traffic Signal Timing Plan SE/Alamolhoda stated that the citywide traffic signal timing plan is ahead of schedule. He and PWD/Liu met with CalTrans recently and learned that the SR 57/60 HOV direct connector project was slated to begin shortly. Since the project affects traffic flow in Diamond Bar, staff and the traffic engineer asked CalTrans to modify the timing. As a result, commencement of the project has been pushed forward to May. CalTrans and the City's consultant will continue to work out the details. C/Kashyap recommended that traffic enforcement officers be kept apprised of project details and determine what fines should be imposed for individuals who break the law within the construction zone. Chair/Morris asked staff to reconsider how informational items are imparted to the Commissioners since they appear to consume the majority of the agenda. Perhaps they should be presented in written form as well as verbally. PWD/Liu asked for the Commissioner's support in seeking federal grant money for the Grand Avenue Beautification Project. If the Commission concurs, the Chair would be asked to sign a letter of support at the end of tonight's meeting. PWD/Liu explained that the purpose of the informational items is to update the Commission. In response to Chair/Morris's request, staff will attempt to provide more detailed information on pertinent items in the future. XII. SCHEDULE OF FUTURE CITY EVENTS — as agendized. MARCH '13,2003 PAGE 7 T&T COMMISSION ADJOURNMENT: There being no further business to come before the Traffic and Transportation Commission, Chairman Morris adjourned the meeting at 8:57 p.m. Respectfully, /s/ David G. Li David G. Liu, Secretary Attest: /s/ Roland Mnrri c Chairman Roland Morris Agenda # 6.5 Meeting Date: May 20, 2003 CITY COUNCIL AGENDA REPORT �4(.URM)RaT�9 TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Approve request by Jenkins & Hogin, LLP to increase the hourly rates for City Attorney services RECOMMENDATION: The City Council Finance Subcommittee recommends the City Council approve a request by Jenkins & Hogin, LLP to increase the hourly rate for general legal services from $135 to $150 per hour, increase the hourly rate for litigation services from $175 to $195 per hour FISCAL IMPACT: There are sufficient funds in the current budget for the proposed rate adjustment. The future budgetary implication is unknown as the need for City Attorney and litigation services varies depending upon the specific needs of the City. However the City has consistently budgeted an appropriation sufficient to cover this increase. Therefore, it is anticipated that the proposed rate adjustment would not increase the City's budget in future years. BACKGROUND: City Attorney Mike Jenkins has provided service to the City since 1995. At that time he was with the law firm of Richards, Watson & Gershon. In March 2001, Mr. Jenkins left Richards, Watson & Gershon for Jenkins & Hogin, LLP. At that time the City approved a contract with Jenkins & Hogin, LLP to retain the services of Mike Jenkins as City Attorney. DISCUSSION: Since 1995 the hourly rate for attorney services has remained at $135 per hour and $175 per hour for litigation services. The City Attorney is requesting an increase in the hourly rate for general legal services to $150 per hour and $195 per hour for litigation services. The current contract between the City and Jenkins & Hogin, LLP provides that the hourly rate may be adjusted without amendment to the agreement. The City Council Finance Subcommittee met and reviewed the request by the City Attorney. The Subcommittee recommends the City Council approve the increase to the hourly rates. tn-add4+e44-, City staff concurs with the recommendation of the City Council Finance Subcommittee. Mr. Jenkins provides the City with excellent legal services. He is a recognized expert in municipal law and is very responsive to the needs of the City. Attorney servlices are considered professional services and, as such, are exempt from any formal bid requirements. Although the City did not solicit bids from other attorney firms, it should be noted that the proposed hourly rates are significantly lower than the hourly rates charged by other attorneys engaged by the City. This issue was also discussed with the City Council in closed session on May 6, 2003. Prepared by: Deputy City Manager Agenda # 6.5 Meeting Date: May 20. 2003 CITY COUNCIL Y AGENDA REPORT � NGiKrcx�� TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Approve request by Jenkins & Hogin, LLP to increase the hourly rates for City Attorney services RECOMMENDATION: The City Council Finance Subcommittee recommends the City Council approve a request by Jenkins & Hogin, LLP to increase the hourly rate for general legal services from $135 to $150 per hour, increase the hourly rate for litigation services from $175 to $195 per hour and include a cost -of -living increase annually thereafter. FISCAL IMPACT: There are sufficient funds in the current budget for the proposed rate adjustment. The future budgetary implication is unknown as the need for City Attorney and litigation services varies depending upon the specific needs of the City. However the City has consistently budgeted an appropriation sufficient to cover this increase. Therefore, it is anticipated that the proposed rate adjustment would not increase the City's budget in future years. BACKGROUND: City Attorney Mike Jenkins has provided service to the City since 1995. At that time he was with the law firm of Richards, Watson & Gershon. In March 2001, Mr. Jenkins left Richards, Watson & Gershon for Jenkins & Hogin, LLP. At that time the City approved a contract with Jenkins & Hogin, LLP to retain the services of Mike Jenkins as City Attorney. DISCUSSION: Since 1995 the hourly rate for attorney services has remained at $135 per hour and $175 per hour for litigation services. The City Attorney is requesting an increase in the hourly rate for general legal services to $150 per hour and $195 per hour for litigation services. The current contract between the City and Jenkins & Hogin, LLP provides that the hourly rate may be adjusted without amendment to the agreement. The City Council Finance Subcommittee met and reviewed the request by the City Attorney. The Subcommittee irecommends the City Council approve the increase to the hourly rates. In addition, the Subcommittee recommends an annual cost -of -living increase to the hourly rates which will be tied to the annual) cost -of -living increase afforded to City employees. City staff concurs with the recommendation of the City Council Finance Subcommittee. Mr. Jenkins provides the City with excellent legal services. He is a recognized expert in municipal law and is very responsive to the needs of the City. Attorney services are considered professional services and, as such, are exempt from any formal bid requirements. Although the City did not solicit bids from other attorney firms, it should be noted that the proposed hourly rates are significantly lower than the hourly rates charged by other attorneys engaged by the City. This issue was also discussed with the City Council in closed session on May 6, 2003. Prepared by: r Deputy )CitDyMQanage-r Agenda# 6.6.1 Meeting Date: May 20, 2003 CITY COUNCIL AGENDA REPORT ��`�'�xeox�r•`� TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manag ra-6 TITLE: ADOPT RESOLUTION NO. 2003 -XX, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO DECLARE THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 38 AND DIRECT THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING BEFORE THE COUNCIL AT THE JUNE 17, 2003 REGULAR MEETING. RECOMMENDATION: That the City Council approve the Engineer's Report, adopt the attached Resolution No. 2003 -XX, To Declare The City's Intention To Levy And Collect Assessments For Landscape District No. 38 And Direct The City Clerk To Advertise The Public Hearing Before The Council At The June 17, 2003 Regular Meeting. FINANCIAL SUMMARY: There will be no impact on the City's General Funds. As shown on the attached Engineer's Report, the $265,440 of assessment generated by this District is proposed to pay for the operation, maintenance cost, and Capital Improvements budgeted in special fund No. 138. BACKGROUND/DISCUSSION: The attached Engineer's Report for the City's Landscaping Assessment District Number 38, which is prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California, includes authority for the report, estimated costs of improvements, a diagram for the District and the assessments. The estimated number of parcels within the District is 17,696 parcels. The amount assessed upon the lands within District Number 38 for Fiscal Year 2002-2003 was $15.00 per parcel. The amount to be assessed for Fiscal Year 2003-2004 is to remain at $15.00 per parcel. The assessments will be utilized towards the general maintenance of City's medians and parkways. The proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in section 5 (a): Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control drainage systems or vector control. Prepared By: David G. Liu/Sharon Gomez REVIEWED BY: Dav Ca. tu J' es DeSttnager no Director of Public Works Deputy City Attachments: Resolution No. 2003 -XX Engineer's Report 2 RESOLUTION NO. 2003--- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 38; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 2003-04; AND FIXING A TIME AND PLACE FOR A HEARING OF OBJECTIONS THEREON. A. RECITALS. (i) Heretofore the City of Diamond Bar Assessment District No. 38 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500, et. seq.). (ii) The City Engineer has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment district pursuant to the provisions of the California Streets and Highways Code § 22623. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. The above-described report submitted by the City Engineer relating to City of Diamond Bar Assessment District No. 38 is hereby approved as filed. 3.. This Council hereby declares its intention to levy and collect assessments during fiscal year 2003-04 pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, known as the "Landscaping and Lighting Act of 1972," within that area designated "City of Diamond Bar Assessment District No. 38," as shown on Exhibit "A-1" attached hereto and incorporated herein by reference. IN 4. A general description of the improvements proposed for the aforementioned district is as follows: The installation, maintenance and servicing of landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including but not limited to, repair, removal or replacement, grading, clearing, removal of debris, pruning, fertilization, pest control and weed control, and the installation or construction of -appurtenant facilities, including curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage, or electrical facilities. Said installation, maintenance and servicing of the landscaping and installation, maintenance and servicing of related work shall be within the area of Assessment District No. 38 as shown on E=xhibit "A-1." The location and type of improvement is shown on Exhibit "B-1 " as attached hereto and incorporated herein by reference. 5. Reference is hereby made to the report of the City Engineer relating to the said assessment district hereinabove approved. Said report is on file with the City Clerk of the City of Diamond Bar and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Diamond Bar Assessment District No. 38 for fiscal year 2003-04. Said proposed assessment per lot is the amount of $15.00, the same amount which was levied in fiscal year 2002-03. 6. This Council hereby fixes 7:00 p.m. on June 17. 2003 in the South Coast Air Quallity Management District Auditorium, 21825 East Copley Drive, Diamond Bar, California, as the time and place for a hearing before this Council on this question of the levy of the proposed assessments on assessable lots with City of Diamond Bar Assessment District No. 38 for fiscal year 2003-04 and hereby gives notice of said hearing. 2 '7. The City Council hereby determines and declares that the proposed assessments constitute a continuation of assessments existing on the effective date of Article XIIID of the California Constitution, that the assessments are imposed exclusively to finance the capital costs and maintenance and operation expenses for streets and sidewalks and that the assessments are exempt from the requirements of Article ,'KIIID, Section 4 of the California Constitution. 8. The City Clerk shall: (a) Certify to the adoption of this Resolution; and (b) Cause a true and correct copy of this Resolution to be published pursuant to California Government Code § 6061. PASSED, ADOPTED AND APPROVED this 201h day of May, 2003. Carol Herrera Mayor 3 I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the 20th day of May, 2003, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar W�\ M 0 QZ O 0 � I O V Mac m r T y� O O a p ` N 2 Z Q « Q m W Z W o >- LL nx, in W O Cl)Lu CO) a U. W N d SHEET OF 1 SHEET •.,� a i - -'-- � : k �) ;�/ _ � •/� -� � fit C' LEGEND ASSESSMENT DISTRICT BOUNDARY i •PARKWAYS AREAS TO BE MAINTAINED MEDIANS: `y `> A. A BAR BLVD. G C RANDND AVE.A C- G t r 1 u y ( C. GOLDEN SPRINCS RD. (. 57 FWY OVERCROSSING WEFT CJTY LIMITS PARKWAYS: D. GRAND AVE. - SUMMIT RIDGE TO } { \ DIAMOND BAR BLVD, NORTH SIDE y� 1s-; —� ;` �� \ •'.' A F� Y �� TTT+ I E. TEMPLE - DIAMOND 84R BLVD, TO GOLDEN SPRINGS RD, SOUTH SIDE aoa �„}� I \ " % • .� ` r `J % L TOTAL AREA: TURF 5.4 ACRES GROUND COVER 0.83 ACRES Sr\N EXHIBIT "B-1" _:�•:. R J,y ADDITIONAL ASSESSMENT DISTRICT N0.38 AREAS TD BE MAINTAINED FISCAL YEAR 2003-04 for the IA— CITY CITY OF DIAMOND BAR ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 38 Fiscal Year 2003-04 CITY OF DIAMOND BAR Preliminary: May 20, 2003 Prepared by: GFB-FRIEDRICH & ASSOC., INC. 6529 Riverside Avenue, Suite 230 Riverside, CA 92506 TABLE OF CONTENTS INTRODUCTION BOUNDARIES OF DISTRICT IMPROVEMENTS Landscaping FINANCIAL ANALYSIS Revenue Appropriations METHOD OF APPORTIONMENT ASSESSMENT ASSESSMENT ROLL Page 1 2 3 4 6 7 n INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 2003-04 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 38 CITY OF DIAMOND BAR (Hereinafter referred to as "District") This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California], " As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XI1IA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable under pre -Prop 218 law. Assessment District No. 38 Engineer's Report — FY 2003-2004 BOUNDARIES OF DISTRICT The boundary of the District is completely within the City limits of the City of Diamond Bar and is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A-1 "). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. Assessment District No. 38 2 Engineer's Report — FY 2003-2004 IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: Landscaping Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: 1. Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. Improvements to be serviced and maintained include, but are not limited to, median island and parkway landscaping on major streets and thoroughfares in the City of Diamond Bar. Exhibit "B-1," attached hereto, shows the location and extent of the landscaping improvements to be maintained by the proceeds from this assessment district. Assessment District No. 38 3 Engineer's Report — FY 2003-2004 FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 38 for the 2003-04 Fiscal Year is as follows: 2003-04 Recommended Budget Revenue: Appropriation Fund Balance (from FY 2002-03) $ 136,855 Property Tax - Special Assessments 265,440 Interest Revenue 15,000 'TOTAL $ 417,295 Appropriations: Personnel Services Salaries City Paid Benefits Retirement Worker's Compensation Expense Short/Long Term Disability Medicare Expense Cafeteria Benefits Operating Expenses Advertising Utilities Maintenance -Grounds & Bldg Professional Services Contract Services Capital Outlay Capital Improvements Transfer to CIP Fund Reserve for Future Capital Improvements TOTAL Includes replacement of ten irrigation controllers/cabinet boxes @ $3,500/each. Plans and Specifications 17,500 225 2,040 710 15 260 2,710 2,000 112,200 15,000 20,600 121,200 35,000 0 87,835 $ 417,295 Plans and specifications showing the general nature, location and extent of the proposed improvements are on file in the office of the City Clerk and available for public inspection. Assessment District No. 38 4 Engineer's Report — FY 2003-2004 METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: ]Beautification of the streets which are used by all of the residents in Diamond Bar. 2. A sense of community pride resulting from well-maintained green spaces. The enhancement of the value of property which results from the foregoing benefits. Existing, land use information indicates that well over 90 percent of the parcels within the City of Diamond Bar are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment. Assessment District No. 38 5 Engineer's Report — FY 2003-2004 ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: $265,440 Estimated Number of Parcels: 17,696 Estimated Assessment Per Parcel: $ 15.00 2002-03 Assessment Per Parcel: 2003-04 Assessment Per Parcel: Difference: Assessment District No. 38 6 Engineer's Report — FY 2003-2004 $ 15.00 $ 15.00 $ 0.00 ASSESSMENT ROLL The individual 2003-04 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "C" and are made a part of this report by reference. (The Assessment Roll is not included in this report due to its volume.) Dated: . , 2003 GFB-FRIEDRICH & ASSOC., INC. Assessment District No. 38 Engineer's Report — FY 2003-2004 EXHIBITS SAN ADDMONAL AREAS TO BE MAINTAINED T' TUFF 1AT- -A AREAE. SHEET I OF I SHEET COUNTY LEGEND ASSESSMENT DISTRICT BOUNDARY ........ 1ED1111 k. "A"A"" TURF AREAS AREAS TO BE MAINTAINED MEDIANS: A. DIAMOND BAR BLVD. B. GRAND AVE C. GOLDEN SPRINGS RD. (5) FWY OVERCROSSING TO WEST CITY LIMITS PARKWAYS: D GRAND AVE, - SUMMIT RIDGE TO DIAMOND BAR BLVD., NORTH SIDE E. TEMPLE _ DIAMONDBAR BLVD. TO GOLDEN SPRINGS RD. SOUTH SIDE TOTAL AREA: TURF 5.4 ACRES GROUND COVER 0.83 ACRES EXHIBIT "B-1" ASSESSMENT DISTRICT N0.38 FISCAL YEAR 2003-04 for the CITY OF DIAMOND BAR Agenda # 6.6. 2 Meeting Date: May 20, 2003 CITY COUNCIL `' AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Managca-( v TITLE: ADOPT RESOLUTION NO. 2003 -XX, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO DECLARE THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 39 AND DIRECT THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING BEFORE THE COUNCIL AT THE JUNE 17, 2003 REGULAR MEETING RECOMMENDATION: That the City Council approve the Engineer's Report, adopt the attached Resolution No. 2003 -XX, To Declare The City's Intention To Levy And Collect Assessments For Landscape District No. 39 And Direct The City Clerk To Advertise The Public Hearing Before The Council At The June 17, 2003 Regular Meeting. FINANCIAL SUMMARY: There will be no impact on the City's General Funds. As shown on the attached Engineer's Report, the $164,450 of assessment generated by this District is proposed to pay for the operation, maintenance costs, and Capital Improvements budgeted in special fund No. 139. BACKGROUND/DISCUSSION: The attached Engineer's Report for the City's Landscaping Assessment District Number 39, which is prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California, includes authority for the report, estimated costs of improvements, a diagram for the District and the assessments. The estimated number of parcels within the District is 1,265 parcels. The amount assessed upon the lands within District Number 39 for Fiscal Year 2002-2003 was $130.00 per parcel. The amount to be assessed for Fiscal Year 2003-2004 is to remain at $1;;0.00 per parcel, The assessments will be utilized towards the general maintenance of slopes, open space areas and the five (5) mini parks within District 39. The proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in section 5 (b): Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed. Prepared By: David G. Liu/Sharon Gomez REVIEWED BY: D& Ca. riu Director of Public Works Attachments: Resolution No. 2003 -XX Engineer's Report 1 Jdrhes DeSttnager no Deputy City RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 39; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 2003-04; AND FIXING A TIME AND PLACE FOR A HEARING OF OBJECTIONS THEREON. A. RECITALS. (i) Heretofore the City of Diamond Bar Assessment District No. 39 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500, iet. seq.). (ii) The City Engineer has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment district pursuant to the provisions of the California Streets and Highways Code § 22623. (iii) No substantial changes in existing improvements are proposed for said Assessment District No. 39. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. The above-described report submitted by the City Engineer relating to City of Diamond Bar Assessment District No. 39 is hereby approved as filed. 3. This Council hereby declares its intention to levy and collect assessments during fiscal year 2003-04 pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, known as the "Landscaping and Lighting Act of 1972," 1 within that area designated "City of Diamond Bar Assessment District No. 39," as shown on Exhibit "A-2" attached hereto and incorporated herein by reference. 4. A general description of the improvements proposed for the aforementioned district is as follows: The maintenance and servicing of landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including but not limited to, repair, removal or replacement, grading, clearing, removal of debris, pruning, fertilization, pest control and weed control, and the installation or construction of appurtenant facilities, including curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage, or electrical facilities. Said maintenance and servicing of the landscaping and installation, maintenance and servicing of related work shall be within the area of Assessment District No. 39 as shown on Exhibit "A-2." The location and type of improvement is shown on Exhibit "B-2," as attached hereto and incorporated herein by reference." 5. Reference is hereby made to the report of the City Engineer relating to the said assessment district hereinabove approved. Said report is on file with the City Clerk of the City of Diamond Bar and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Diamond Bar Assessment District No. 39 for fiscal year 2003-04. Said proposed assessment per lot is the amount of $130.00, the same amount which was levied in fiscal year 2002-03. 6.. This Council hereby fixes 7:00 p.m. on June 17. 2003 in the South Coast Air Quality Management District Auditorium, 21825 East Copley Drive, Diamond Bar, California, as the time and place for a hearing before this Council on this question of the levy of the proposed assessments on assessable lots with City of Diamond Bar to Assessment District No. 39 for fiscal year 2003-04 and hereby gives notice of said hearing. 7. The City Council hereby determines and declares that the proposed assessments constitute a continuation of assessments existing on the effective date of Article ;KIIID of the California Constitution, that the assessments are imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed and that the assessments are exempt from the requirements of Article XIIID, Section 4 of the California Constitution. 8. The City Clerk shall: (a) Certify to the adoption of this Resolution; and (b) Cause a true and correct copy of this Resolution to be published pursuant to California Government Code § 6061. PASSED, ADOPTED AND APPROVED this 20th day of May, 2003. L;aroi Herrera Mayor 1, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the 20th day of May, 2003, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar 4 SHEET10FiSHEET EXHIBIT "A-2" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0.39 FISCAL YEAR 2003-04 for the CITY OF DIAMOND BAR SHEET 1 OF 1 SHEET EXHIBIT "B-2" ASSESSMENT DISTRICT N0.39 FISCAL YEAR 2003-04 for the CITY OF DIAMOND BAR ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 39 Fiscal Year 2003-04 CITY OF DIAMOND BAR Preliminary: May 20, 2003 Prepared by: GFB-FRIEDRICH & ASSOC., INC. 6529 Riverside Avenue, Suite 230 Riverside, CA 92506 TABLE OF CONTENTS INTRODUCTION BOUNDARIES OF DISTRICT IMPROVEMENTS Landscaping FINANCIAL ANALYSIS Revenue Appropriations METHOD OF APPORTIONMENT Page 1 2 3 4 5 ASSESSMENT 6 INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 2003-04 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 39 CITY OF DIAMOND BAR (Hereinafter referred to as "District") This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]." As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable under pre -Prop 218 law. Assessment District No. 39 Engineer's Report — FY 2003-2004 BOUNDARIES OF DISTRICT The boundary of the District is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A-2"). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. Assessment District No. 39 Engineer's Report — FY 2003-2004 IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: Landscaping Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: 1. Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. The purpose of Assessment District No. 39 is for the maintenance and servicing of mini -parks, slopes and open spaces within the District. Exhibit "B-2," attached hereto, shows the location and extent of the landscaping improvements to be maintained by the proceeds from this assessment district. Assessment District No. 39 Engineer's Report — FY 2003-2004 FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 39 for the 2003-04 Fiscal Year is as follows: 2003-04 Recommended Budget Appropriation Fund Balance (from FY 2002-03) $ 206,855 Property Tax and Assessments 164,450 Interest Revenue 8,000 TOTAL $ 379,305 Appropriations: Personal Services Salaries $ 17,475 City Paid Benefits 225 Retirement 2,040 Worker's Compensation Expense 710 Short/Long Term Disability 15 Medicare Expense 260 Cafeteria Benefits 2,735 Operating Expenses Advertising 2,000 Utilities 61,160 Maintenance -Grounds & Bldg. 15,000 Professional Services 12,800 Contract Services 62,480 Capital Outlays Miscellaneous Equipment* 33,300 Capital Improvements 0 Reserve for Future Capital Improvements 169,105 TOTAL $ 379,305 * Includes replacement of 10 irrigation controllerstcontroller boxes @ $3,300 each. As funds become available, it is planned to update equipment in each of the district's mini -parks. Assessment District No. 39 4 Engineer's Report — FY 2003-2004 Plans and Specifications Plans and specifications showing the general nature, location and extent of any proposed improvements are on file in the office of the City Clerk and available for public inspection. Assessment District No. 39 5 Engineer's Report — FY 2003-2004 METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: 1. Beautification of the streets which are used by all of the residents in Diamond Bar. Public parks which can be utilized and enjoyed by all residents within the District. A sense of community pride resulting from well-maintained green spaces. 4. 'The enhancement of the value of property which results from the foregoing benefits. Existing; land use information indicates that all of the parcels within the District are residences. Because: the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment. Assessment District No. 39 6 Engineer's Report — FY 2003-2004 ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: $164,450 Estimated Number of Parcels: 1,265 Estimated Assessment Per Parcel: $ 130.00 2002-03 Assessment Per Parcel: $ 130.00 2003-04 Assessment Per Parcel: $ 130.00 Difference: $ 0.00 Assessment District No. 39 Engineer's Report — FY 2003-2004 ASSESSMENT ROLL The individual 2003-04 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "C" and are made a part of this report by reference. (The Assessment Roll is not included in this report due to its volume.) Dated: , 2003 GFB-FRIEDRICH & ASSOC., INC. Y NO. 27861 N /A41CH Assessment District No. 39 $ Engineer's Report — FY 2003-2004 EXHIBITS SHEET I OF I SHEET EXHIBIT "A-2" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0.39 FISCAL YEAR 2003-04 for the CITY OF DIAMOND BAR SHEET 1 OF 1 SHEET EXHIBIT "B-2" ASSESSMENT DISTRICT N0.39 FISCAL YEAR 2003-04 forthe CITY OF DIAMOND BAR Agenda # ti . h Meeting Date: May 20, 2003 CI'T'Y COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Managa ftv TITLE: ADOPT RESOLUTION NO. 2003 -XX, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO DECLARE THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 41 AND DIRECT THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING BEFORE THE COUNCIL AT THE JUNE 17, 2003 REGULAR MEETING. RECOMMENDATION: That the City Council approve the Engineer's Report, adopt the attached Resolution No. 2003-X.X, To Declare The City's Intention To Levy And Collect Assessments For Landscape District No. 41 And Direct The City Clerk To Advertise The Public Hearing Before The Council At The June 17, 2003 Regular Meeting. FINANCIAL SUMMARY: There will be no impact on the City's General Funds. As shown on the attached Engineer's Report, the $122,157 of assessment generated by this District is proposed to pay for the operation, maintenance costs, and Capital Improvements budgeted in special fund No. 141. BACKGROUND/DISCUSSION: The attached Engineer's Report for the City's Landscaping Assessment District Number 41, which is prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California, includes authority for the report, estimated costs of improvements, a diagram for the District and the assessments. The estimated number of parcels within the District is 554 parcels. The amount assessed upon the lands within District Number 41 for Fiscal Year 2002-2003 was $220.50 per parcel. The amount to be assessed for Fiscal Year 2003-2004 is to remain at $220.50 per parcel. The assessments will be utilized towards the general maintenance of mini parks, slopes, and open space areas within District 41. The proposed assessment has been determined to be exempt Proposition 218 as set forth in section 5 (b): Any assessment petition signed by the persons owning all of the parcels subject to time the assessment is initially imposed. Prepared By: David Ci. Liu/Sharon Gomez Ia: VANIW►i9 911 MA X� Da (a. Director of Public Works Attachments: Resolution No. 2003 -XX Engineer's Report from the provisions of imposed pursuant to a the assessment at the Dieputy es DeSt fano r RESOLUTION NO. 2003-, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 41; AND DECLARING ITS INTENTION 'TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN (LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL 'YEAR 2003-04; AND FIXING A TIME AND PLACE FOR A HEARING OF OBJECTIONS THEREON. A. RECITALS. (i) Heretofore the City of Diamond Bar Assessment District No. 41 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500, et. seq.). (ii) The City Engineer has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment district pursuant to the provisions of the California Streets and Highways Code § 22623. (iii) No substantial changes in existing improvements are proposed for said Assessment District No. 41. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. The Recitals as set forth in Part A of this Resolution, are in all respects true and correct. 2. The above-described report submitted by the City Engineer relating to City of Diarnond Bar Assessment District No. 41 is hereby approved as filed. 3. This Council hereby declares its intention to levy and collect assessments during fiscal year 2003-04 pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, known as the "Landscaping and Lighting Act of 1972," 1 within that area designated "City of Diamond Bar Assessment District No. 41," as shown on Exhibit "A-3" attached hereto and incorporated herein by reference. 44. A general description of the improvements proposed for the aforementioned district is as follows: The maintenance and servicing of landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including but not limited to, repair, removal or replacement, grading, clearing, removal of debris, pruning, fertilization, pest control and weed control, and the installation or construction of appurtenant facilities, including curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage, or electrical facilities. Said maintenance and servicing of the landscaping and installation, maintenance and servicing of related work shall be within the area of ,Assessment District No. 41 as shown on Exhibit "A-3." The location and type of improvement is shown on Exhibit "B-3," as attached hereto and incorporated herein by reference." 5. Reference is hereby made to the report of the City Engineer relating to the said assessment district hereinabove approved. Said report is on file with the City Clerk of the City of Diamond Bar and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Diamond Bar Assessment District No. 41 for fiscal year 2003-04. Said proposed assessment per lot is the amount of $220.50, the same amount which was levied in fiscal year 2002-03. 6. This Council hereby fixes 7:00 p.m. on June 17, 2003 in the South Coast Air Quality Management District Auditorium, 21825 East Copley Drive, Diamond Bar, California, as the time and place for a hearing before this Council on this question of the levy of the proposed assessments on assessable lots with City of Diamond Bar E Assessment District No. 41 for fiscal year 2003-04 and hereby gives notice of said hearing. 7. The City Council hereby determines and declares that the proposed assessments constitute a continuation of assessments existing on the effective date of Article XIIID of the California Constitution, that the assessments are imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed and that the assessments are exempt from the requirements of Article XIIID, Section 4 of the California Constitution. 8. The City Clerk shall: (a) Certify to the adoption of this Resolution; and (b) Cause a true and correct copy of this Resolution to be published pursuant to California Government Code § 6061. PASSED, ADOPTED AND APPROVED this 20th day of May, 2003. Carol Herrera Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the 20th day of May, 2003, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar An SHEET 1 OF 1 SHEET EXHIBIT "A-3" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0.41 FISCAL YEAR 2003-04 for the CITY OF DIAMOND BAR .. ROFB THE ASSESSMENT NUMBED FOR EACI LOT OR AACEL iy THE DISTRICT IS THE ASSESSOR'S PARCEL NUMBERAS ASSIGNED BY THF COUNTY OF LOS ANGELES ASSEBSOB'S OFFICE rvEE ANC DIMENSIONS FOR EACH LOT OR PAPCEI OF LANG WITHIN THIS DISTRICT ARE III ON THE ASSESBOF'S FAPCEL MATS OHNLE IN TME OFFICE OF TIE LOS +FIGELES COUNTY ASSESSOR. 'BASE ENR LDOBTESY OF TIIE C.T'Y OF uAYno BAR Aaa .aB .YR.Bm- FILED IN THE OFFICE OF THE CRY CLERF OF THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES. STATE OF CALIFDRNIA THIS DAY DF 20_ CITY CLERKOF THE CITY OF DIAMOND BAR FILED INTHE OFFICE OF THE COUNTY AUDITOR, COUI OF LOS ANGELES, STATE OF CAl1FORNIA, THIS _ DAY OF 20_ CITY C -ER, OF THE CITY OF DIAMOND BAR ASS SIEDIIICH GFB-F OC. I YC. ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 41 Fiscal Year 2003-04 CITY OF DIAMOND BAR Preliminary: May 20, 2003 Prepared by: GFB-FRIEDRICH & ASSOC., INC. 6529 Riverside Avenue, Suite 230 Riverside, CA 92506 TABLE OF CONTENTS INTRODUCTION BOUNDARIES OF DISTRICT IMPROVEMENTS Landscaping FINANCIAL ANALYSIS Revenue Appropriations METHOD OF APPORTIONMENT ASSESSMENT ASSESSMENT ROLL EXHIBITS Exhibit "A-3" - Assessment Diagram Exhibit "B-3" - Improvement Map Page 1 2 3 4 5 6 7 INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 2003-04 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 41 CITY OF DIAMOND BAR (Hereinafter referred to as "District") This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be ;received by each such lot or parcel from the improvements. 'The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]." As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable under pre -Prop 218 law. Assessment District No. 41 Engineer's Report — FY 2003-2004 BOUNDARIES OF DISTRICT The boundary of the District is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A-3"). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. Assessment District No. 41 2 Engineer's Report — FY 2003-2004 IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: Landscaping Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. The purpose of Assessment District No. 41 is for the maintenance and servicing of mini -parks, slopes and open spaces within the District. Exhibit "B-3," attached hereto, shows the location and extent of the landscaping improvements to be maintained by the proceeds from this assessment district. Assessment District No. 41 Engineer's Report — FY 2003-2004 FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 41 for the 2003-04 Fiscal Year is as follows: 2003-04 Recommended Budget Revenue: Appropriation Fund Balance (from FY 2002-03) $ 116,609 ]Property Tax and Assessments 122,157 Interest Revenue 6,000 TOTAL $ 244,766 Appropriations: Personal Services Salaries $ 17,475 City Paid Benefits 225 Retirement 2,040 Worker's Compensation Expense 710 Short/Long Term Disability 15 Medicare Expense 260 Cafeteria Benefits 2,735 Operating Expenses Advertising 2,000 Utilities 72,010 Maintenance -Grounds & Bldg 10,000 Professional Services 16,200 Contract Services Contract Services 31,000 Weed/Pest Abatement 15,000 Capital Outlays Miscellaneous Equipment * 52,500 Capital Improvements 0 Reserve for Future Capital Improvements 22,596 TOTAL $ 244,766 * Includes replacement of 15 irrigation controllers/ controller boxes @ $3,500 each. Assessment District No. 41 4 Engineer's Report — FY 2003-2004 METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: Beautification of the streets which are used by all of the residents in Diamond Bar. 2. Public parks which can be utilized and enjoyed by all residents within the District. A sense of community pride resulting from well-maintained green spaces. 4. The enhancement of the value of property which results from the foregoing benefits. Existing land use information indicates that all of the parcels within the District are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment. Assessment District No. 41 5 Engineer's Report — FY 2003-2004 ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: $122,157 Estimated Number of Parcels: 554 Estimated Assessment Per Parcel: $ 220.50 2002-03 Assessment Per Parcel: 2003-04 Assessment Per Parcel: Difference: Assessment District No. 41 Engineer's Report — FY 2003-2004 $ 220.50 $ 220.50 $ 0.00 ASSESSMENT ROLL The individual 2003-04 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "C" and are made a part of this report by reference. (The Assessment Roll is not included in this report due to its volume.) Dated: zj& t/ �z:2' , 2003 GFB-FRIEDRICH & ASSOC., INC. i CML -/ Assessment District No. 41 7 Engineer's Report — FY 2003-2004 EXHIBITS SHEET 1 OF I SHEET EXHIBIT "A-3" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT N0.41 FISCAL YEAR 2003-04 for the CITY OF DIAMOND BAR 2E, u T Mt 1 `\��' LA O SCALE: r. 500' 4 I� . aFILED IN THE OFFICE OF THE C" CLERK OF THE CITY OF DIAMOND { , BAR. COUNTY OF LOS ANGELES. STATE OF CALIFORNIA, THIS _ i DAY OF , 20_ 04 � CITY CLERK OF THE E CITY OF DIAMOND BAR S FLED IN THE OFFICE OF THE COUNTY AUDITOR COUNTY OF LOS ANGELES. STATE OF CALIFORNIA. THIS _ _ DAY OF 20_ CITY CLERK OF THE J CITY OF DIAMOND BAR THE ASSESSMENT NUMIIER FOR EACH LOT OR PARCE. WITHIN THE DISTRICT IS THE ASSESSOR'S PARCEL NUMBER AS ASSIGNED BY THE COJNT' Of LOS ANGELES ASSESSOR'S OFFICE. THE LINES AND THE DISTRICT ARE SHOWOI�ON THE ASSESSOR SPARCELM450NFILEIN �^ THE OFFICE OF THE LOS I.NGELES COUNTY ABSESSOR. swe WP CDARI OF GFB-FRIEDRICH THE OIIT DF DIAMON) B.AR „� Boo EOB.iMIB;m rzoa SHEET 1 OF i SHEET EXHIBIT "B-3" ASSESSMENT DISTRICT N0.41 FISCAL YEAR 2003-04 for the CITY OF DIAMOND BAR pp 1 a SCPLE: I" . 300' y.. ti ♦ \ C� LEGEND • Ot �q �_� ASSESSMENT DISTRICT DOUNDARY ...........:: BRUSN5.00 ACRES SLOPES ILOE PCMS TURF ll.i as. 9nSE WP COURTESY OF FC.FB-FRI EDRICH TrE cm ar oul.axo een & ASSOC., INC. coo co 12 Agenda # 6 - 7 Meeting Date: Mav 20, 2003 CITY COUNCILAGENDA REPORT TO: honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Notice of Completion for the Brea Canyon Road Streetscape and Street Improvements Project Between Pathfinder Road and Southerly City Limits RECOMMENDATION: It is recommended that the City Council accept the work performed by Griffith Company and authorize the City Clerk to file a Notice of Completion. FINANCIAL IMPACT: The preparation and filing of the Notice of Completion has no fiscal impact on the City. BACKGROUND: The City Council awarded a construction contract to Griffith Company on September 18, 2001 in the amount of $2,158,246.00. Furthermore, the City Council authorized a contingency amount of $105,000.00 for contract change orders to be approved by the City Manager for a total not -to -exceed contract amount of $2,263,246.00. The Public Works Division issued a Notice to Proceed for the project on November 5, 2001. DISCUSSION: Griffith Company has completed all work required as part of this contract in accordance with the plans and specifications approved by the City. A total of 5 contract change orders in the amount of $ 101,764.15 were issued. With the approval of the change orders,, and actual/final quantities of work performed, final construction contract amount for this project is $2,260,010.15. The project included four months plant establishment period which was completed in October/November 2002. Upon completion of the plant establishment period, the Los Angeles County Metropolitan Transportation Authority (MTA) and Caltrans, initiated a process review of the project. Subsequently, the project was accepted on March 28, 2003. PREPARED BY: Fred Alamolhoda, Senior Engineer Date Prepared: May 14, 2003 REVIE"D Y ---) id iu Jam DeStefan Director of Public Works Deputy City Mana er Attachment: Notice of Completion RErnanttur. ornNc- — NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, must be fled within 10 days after completion. (See reyerse side for Complete requirements.) Notice is hereby giyen that 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is City of Diamond Bar 3. The full address of the owner is 21825 E. Copley Drive 4. The nature of the interest or estate of the owneerr aris; In fee.91765 (If other than fee. stale "In fee' and Insert, for example, "purchaser under contract of purchase," or ',lessee. 5. The full names and full addresses of afl persons, if any, who hold title with the undersigned as joint oint tenants or as tenants in common are: ADDRESSES 5 A work of improvement on the property hereinafter described was completed on March 28, 2003 Street, bikeway, landscaping improvement and beaut kation project. The work done was. 1. The name of Ine contractor, if any, for such work of improvement was ( �ffith Company (II no contractor for work of Imprerem eat as a whole, Insert "none".) October 2, 201 8. The property on which said work of improvement was completed Is in the city of (Dale of Coniracq County of State of CalifOrma, and is described as follows: Brea Canyon Road from Southerly CitY Limits ------------ -------------------------------------- 9. The street address of said property is Dated: (If no sGeet address has been olhd'lly assigned, insert "none".l Verification lar Indmduai Dwner Signature of owner or corporate officer of owner named in paragraph 2 or his agent 1, the undersigned, say. I am the VERIFICATION ("Presldenl of "Manager aP, '•A partner of", "Owner 01".etc.) the declarant of the foregoing notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of periury that the foregoing is true and correct. Executed on 'Dale pf signature.) ' 19�• at (City where signed.l California. NOTICE OF COMPLETION—V Ci LCCTTS FORM I I,a_,. 6.T{ 1pr[. elaS. 7) 1personaf signature of the individual who is swearing that the contents of the notice of completion are flue.) 8 pttype or lamer CITY COUNCIL Agenda # 6 _ R Meeting Date: May 20, 2003 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Mana& fl%__4 TITLE: Approval of Contract Amendment with Warren C. Siecke for Traffic Engineering Services for the Brea Canyon Cutoff Road and State Route 57 on/off ramps in the Amount of $9,500 and Authorize a Contingency Amount of $3,000 for Change Orders to be Approved by the City Manager, for a Total Authorization Amount of $12,500. RECOMMENDATION: It is recommended that the City Council approve and authorize the City Manager to execute a Contract Amendment with Warren Siecke in the amount of $9,500 and authorize a contingency amount of $3,000. FINANCIAL IMPACT: In Fiscal Year 02/03 Mid -Year Budget Amendment (May Revision), $20,000 of Developers fee was budgeted for the design of Brea Canyon Cutoff Road and State Route 57 (SR -57) on/off ramps traffic signals project:. BACKGROUND: In 1998, a traffic signal warrant study was performed for seventeen (17) intersections within the City. The study included evaluation and prioritization of the need for traffic signals using a point system based on Caltrans' signal warrant analysis. The Brea Canyon Cutoff Road (Diamond Bar Boulevard) and SR -57 on/off intersection was one of the intersections that met Caltrans signal warrant requirements for Traffic signal. DISCUSSION: Warren C. Siecke is the City's primary traffic and transportation on call/as needed consultant. In response to staff's request, Mr. Siecke submitted a proposal to provide the required engineering services. The scope of services will include design, drafting of plans, and preparation of contract specifications and estimates for construction of the traffic signals. The project involves freeway on and off ramps and close coordination with Caltrans will be required. Staff contacted Caltrans inquiring if they have a proposed project to install traffic signals at this location. Due to the current budget status of the State, Caltrans is unable to fund this project. PREPARED BY: Fred Alamolhoda, Senior Engineer REVIEWED BY: David ClAku, 1 erector of Public Works Jame eStefano Deputy City Manager Attachment: Warren Siecke's Proposal, dated May 7, 2003 2 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Mana**y Agenda # 6.9 Meeting Date: June 3, 2003 AGENDA REPORT TITLE: Extend Contract Services Agreement with Southland Sports Officials for the 2003/04 FY in the amount not to exceed $32,000. RECOMMENDATION: Extend contract. FINANCIAL IMPACT: Funds for this contract are included in the proposed 2003/04 FY Budget. Participant fees pay for all costs related to this contract. BACKGROUND: The City Council awarded a contract to Southland Sports Officials on August 7, 2001. Section 2 of the contract allows the City Council to extend the contract on an annual basis if doing so is deemed to be in the best interest of the City. The contract was previously extended for the period of July 1, 2002 through June 30, 2003. DISCUSSION: Since the original contract was awarded, Southland Sports Officials have provided contract officials for our adult softball and basketball leagues. These officials have the necessary certification, knowledge and experience to provide quality officiating services for the City's adult sports leagues. Staff recommends that the contract be extended for the 2003/04 FY in an amount not to exceed $32',,000. ATTACHMENTS: Amendment #2 to sports officials service agreement Sports officials service agreement dated August 7, 2001 Southland Sports Officials proposal for July 1, 2003 to June 30, 2004. PREPARED BY: Ryan Wright Recreation Supervisor Community Services Director JarhAs DeSfano Deputy Citytanager Matj 15 03 03:18p CITY OF DIAMOND BAR 05/15/2003 15:13 9098613117 AM NDW,NT #2 TO SPORTS OFFICIALS SERVICE AGREEMENT }DSMETiT #2 TO SPORTS OFFICIAL SERVICE AGREEMENT is made this 1st AMEN dray of July, 2003 by and between the CITyA� SPORTS BS IAMunicipal TACTOR-) ration of tile State of California C'CM') and SOUTHL 12ecitals: a, ttred into 12 Month A{Rrywith heuve CONTRACTORu) services for tadtsports JULI1, Zool ("the AG=;ME1Tr program. b. parties agreed to Atncndtnent #1 extending the term from July 1, 2002 through June 30, 2003. c, parties desire to amend the AGREEMENT to extend the term for an additional 12 months. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 — Term of the AGREEMENT provided in Section 2 is revised to extend the AGREEMENT from July 1,, 2003 through June 30.2004. Section 2 — Exhibit "B" dated June 12, 2002 is replaced with new Exhibit "B" dated June 3, 2003 attached hereto. L•xcept as provided above, the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF, the parti fi�t�� executed this AMENDMENT #1 TO AGREEMENT on the date and year ATTEST: CITY OF DIAMOND BAR A Municipal Corporation Of the State of Caiifomia Signed Title APPROVED TO FORM City Attorney SOUTHLAND SPORTS OFFICIALS Contractor. Signed �i Title '�7 e � ` L-- City Clerk p.2 SPORTS OFFICIALS SERVICE AGREEMENT 'THIS AGREEMENT is made as of August 7, 2001 -by and between the City of Diamond Bar, a THIS corporation ("City") and Southland Sports Officials, ("Contractor"). RECITALS A. City desires to utilize the services of Contractor as an independent contractor to provide services to City as set forth in Exhibit "A", the City's Request for Proposals dated May 30, 2001. B. Contractor represents that it is fully qualified to perform such officiating services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Contractor's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Contractor are as described in Exhibit "A" the City's request for proposals dated, May 30, 2001. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Contractor are as set forth in Exhibit "B", dated May 30, 2001, and as supplemented in seasonal league playing schedules provided by the City Manager, or his designee. Services commence when official arrives at designated assignment site, and cease when official departs said site. Services do not involve any travel or transportation whatsoever. 2. Term of Agreement. This Contract shall take effect July 1, 2001, and shall continue until June 30, 2002 unless earlier terminated pursuant to the provisions herein. By mutual agreement and consent of City and Contractor, this agreement may be extended for up to five (5), one (1) year increments. Conditions and fees to be negotiated at time of extension, as amended. 3. Compensation. City agrees to compensate Contractor for each service which Contractor performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B. " Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Contractor pursuant to this Agreement shall not exceed thirty thousand dollars ($30,000). 4. General Terms and Conditions. In the event of any inconsistency between the provisions, of this Agreement and Contractor's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City Manager Contractor: Frank Ortiz City of Diamond Bar Southland Sports Officials 21825 East Copley Drive 1822-A E. Route 66, # 437 Diamond Bar, California 91765-4177 Glendora, CA 91740 6. Status as Independent Contractor. A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor, then Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Contractor represents that he does not have any employees nor will he have any employees during the term of this contract. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Contractor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. S. Indemnification. Contractor agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Contractor, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Contractor, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $3,000,000 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement. Contractor shall require contracting officials to carry automobile insurance per State of California law; City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability. The policy (ies) as to comprehensive general liability, shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage 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. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the Suite of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Contractor shall submit to City insurance certificates indicating compliance with the minimum insurance policy endorsements indicating compliance with all minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Conflict of Interest. A. Contractor covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor 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. Contractor covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. 11. Termination. City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. Contractor may terminate this Agreement with or without cause upon ninety (90) days written notice to the City. The effective date of termination shall be upon the date specified in the notice of termination. In the event of such termination, City agrees to pay Contractor for services satisfactorily rendered prior to the effective date of germination. Immediately upon receiving written notice of termination, Contractor shall discontinue performing services. 1.2. Personnel. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Contractor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City's premises. 13. Non -Discrimination and Equal Employment Opportunity. A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 14.. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 15. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 16. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 17. Attorney's Fees. In the event that either party to this Agreement shall 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 shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants 1.8. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 19. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 20. 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 together shall constitute one and the same instrument. 21. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 22. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: ----Tynda Burgess City Clerk Approved as to form: By, City Attorney '�� CITY OF DIAMOND BAR B Robert S. Huff Mayor "CONTRACTOR" Southlanc'l-�p s Officials Association By: Its: "EXHIBIT A" REQUEST FOR PROPOSAL The City of Diamond Bar is currently accepting Proposals for a F rovider of Officials for our adult Basketball program, and Adult Softball Frogram. Introduction To service the community with the aforementioned sports, the City of Diamond Bar is seeking proposals for a provider of officiating services. Scope of Work To be considered for the officiating services, proposals must be submitted to the City of Diamond Bar by May 30, 2001. Services Adult basketball officials for 324 games, using two man mechanics, a total of 648 officials. This service would cover a period of one year. Adult softball officials for 572 games using one man mechnT. rz This s cover a period of one year. Selection Process ervrce would After the May 30, 2001 deadline, the proposals will be reviewed. If you have any questions about the RFP or the selection process, please contact Sara West, Recreation Specialist, at 909.396.8846. Please submit all proposals to: City of Diamond Bar, Community Services Division, 21825 E.Copley Drive, Diamond Bar, CA 91765. "EXHIBIT B" Ms. Sara West City ofDiamond Bar Recreation Department 21825 E. Copley Drive Diamond Bar, CA 91765-4178 Dear Ms.. West. - May 30, 2001 L 1 - The Southland Sports Official Association would like to offer a bid for officiating services for the Sumner and year round contract with the City of Diamond Bar. Our bid for two (2) basketball officials 'will be W.00 per game- One softball uanpire will be $20.00 per game. In regards to our policies, we charge a one and a half game fee for officials who are scheduled for one game. For example, the charge for two basketball officials scheduled for one game would be least a one hour notice so that we could contact our officials. If you have a $69.00. Our policy on forfeits would be that they are paid in full. For rainouts, we would need at would have our officials call that line one hour before game time on a rainy message hotline, weday_ Another policy we have is in regards to officials not showing up for their assignments. If only one basketball official shows up to officiate a game, we will only charge you for half the amount that we are bidding ($23.00 per garne) If a softball umpire does not show up, we obviously would not charge any fee. We hope that you will consider our bid and award us the officiating contr= with the City of Diamond Bar. Sinc�y, 74 Frank Ortiz Southland Sports official Association CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Mana� 4V Agenda # tiip Meeting Date: May 20 , 2003 AGENDA REPORT TITLE: A Resolution of the City Council of the City of Diamond Bar Approving Plans and Specifications for the Traffic Signal Improvements Project on Pathfinder Road at Brea Canyon Road/Fern Hollow Drive, Pathfinder Road at Diamond Bar High School Westerly Entrance, and Pathfinder Road at Evergreen Springs Drive and Authorizing the City Clerk to Advertise the Project for Bids. RECOMMENDATION: It is recommended that the City Council approve Resolution No. 2003 -XX: "A Resolution of the City Council of the City of Diamond Bar Approving Plans and Specifications for the Traffic Signal Improvements Project on Pathfinder Road at Brea Canyon Road/Fern Hollow Drive, Pathfinder Road at Diamond Bar High School Westerly Entrance, and Pathfinder Road at Evergreen Springs Drive and Authorize the City Clerk to Advertise the project for bids". FINANCIAL IMPACT: The 2002/2003 Mid -Year Budget Amendment (May Revision) allocated a total of $477,988 of Proposition C funds for the project. The Engineer's Estimate for the project is $ 475,000. Upon receiving the bid proposals, staff will review the bids, and if needed bring back a budget amendment recommendation to fund the project. BACKGROUND/DISCUSSION: At the City Council meeting of April 15, 2003, the City Council rejected all bids received for the left -turn signal improvements project at the intersections of Pathfinder Road/Brea Canyon Road/Fern Hollow Drive and Pathfinder Road/Evergreen Springs Drive. The project was expanded to include a new traffic signal at the Diamond Bar High School westerly entrance. The objectives of the new project are: 1) To reduce the congestion along Pathfinder Road; 2) To improve both on-site and off-site circulation of the High School; and 3) To enhance the safety of both pedestrians and vehicles by creating an optimal circulation plan. Advanced Applied Engineering, Inc. has completed the design of the expanded project and the contract documents are ready to be advertised. In working with the Walnut Valley Unified School District and Diamond Bar High School, it is our collective goal to complete the installation of these new traffic signals by September/October 2003. The project schedule is tentatively set as follows: Approval of Plans and Specifications Bid Opening Award of Contract Notice to Proceed Completion of Construction PREPARED BY: Fred Alamolhoda, Senior Engineer REVIEWED BY: David . Liu Director of Public Works ATTACHMENT: May 20, 2003 June 11, 2003 June 17, 2003 June 30, 2003 September 30, 2003 Date Prepared: May 14, 2003 JaWDeStDeputy City r Resolution No. 2003 -XX 2 RESOLUTION NO. 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE TRAFFIC SIGNAL IMPROVEMENTS PROJECT ON PATHFINDER ROAD AT BREA CANYON ROAD/FERN HOLLOW DRIVE, PATHFINDER ROAD AT DIAMOND BAR HIGH SCHOOL WESTERLY ENTRANCE, AND PATHFINDER ROAD AT EVERGREEN SPRINGS DRIVE AND AUTHORIZING THE CITY CLERK TO ADVERTISE THE PROJECT FOR BIDS. WHEREAS, it is the intention of the City of Diamond Bar to construct certain improvements in the City of Diamond Bar; WHEREAS, the City of Diamond Bar has prepared plans and specifications for the Traffic Signal Ilmprovements Project on Pathfinder Road at Brea Canyon/Fern Hollow Drive, Pathfinder Road at Diamond Bar High School Westerly Entrance, and Pathfinder Road at Evergreen Springs Drive; NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented to the City of Diamond Bar are hereby approved as the contract documents for the project. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to advertise as required by the law for the receipt of sealed bids/proposals for the work specified in the plans and specifications, which said advertisement shall be in the form and content as approved by the City Attorney and a copy of this Resolution shall be contained in each specification package for the project: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the City Council of the City of Diamond Bar, Los Angeles County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Diamond Bar will receive at the office of the City Clerk in the City Hall of Diamond Bar, on or before the hour of 10:00 o'clock a.m. on the 11th day of June, 2003, sealed bids or proposals for the project. Bids will be opened and publicly read immediately in the office of the City Clerk, 21825 E. Copley Drive, Diamond Bar, California 91765-4177. Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar, California, marked, "Traffic Signal Improvements Project on Pathfinder Road at Brea Canyon Road/Fern Hollow Drive, Pathfinder Road at Diamond Bar High School Westerly Entrance, and Pathfinder Road at Evergreen Springs Drive." 3 PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate! of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rate of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, 21825 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to the City of Diamond Bar, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion, thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in ,any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate; or B. When the number of apprentices in training in the area exceeds a ratio of one to five; or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally; or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions. M The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Diamond Bar, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this Contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Diamond Bar for an amount equal to at least 10 percent (10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashier's check, or certified check, or bond shall become the property of the City of Diamond Bar. If the City of Diamond Bar awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Diamond Bar to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (100%) of the contract price thereof, and a labor and material bond in an amount equal to one hundred (100%) of the contract price for said work shall be given Ito secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be Entered into between him and the said City of Diamond Bar for the construction of said work. 5 No proposal will be considered from a Contractor who is not licensed as a Class A and/or C10 at time of award in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto or to whom a proposal form has not been issued by the City of Diamond Bar. The work is to be done in accordance with the plans and specifications of the City of Diamond Bar on file in the office of the City Clerk at the City Hall, Diamond Bar, California. Copies of the specifications will be furnished upon application to the City of Diamond. Upon written request by the bidder, copies of the specifications will be mailed when said request is accompanied by a non -reimbursable payment of $10.00 to cover the cost of mailing charges and overhead;. The successful bidder will be required to enter into a contract satisfactory to the City of Diamond Bar. In accordance with the requirements of the General Provisions, as set forth in the Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Diamond Bar, California reserves the right to reject any and all bids. By order of the City Council of the City of Diamond Bar, California, dated this 20th day of May, 2003. Carol Herrera, Mayor ATTEST: Lynda Burgess, City Clerk I, Lynda Burgess, City Clerk of the City of Diamond Bar, California, does herby certify that the foregoing Resolution was duly and regularly passed and adopted b� the City Council of the City of Diamond Bar, California, at its regular meeting held on the 20t day of May, 2003, by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Ce Agenda # 6.11 Meeting Date: Mav 20, 2003 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: A Resolution of the City Council of the City of Diamond Bar Approving Plans and Specifications for the Area 5 Slurry Seal Project in Said City and Authorizing and Directing the City Clerk to Advertise to Receive Bids. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 2003 -XX- Approving the Plans and Specifications for the Area 5 Slurry Seal Project in Said City and Authorizing and Directing the City Clerk to Advertise to Receive Bids. FINANCIAL IMPACT: The 2002-2003 Annual Budget allocated a total of $450,000.00 for design, construction administration, inspection, and construction of the Area 5 Slurry Seal Project. The Engineer's Estimate on the base bid for construction of the Area 5 Slurry Seal Project is $479,188.00. With removal and replacement of distressed concrete and the slurry seal of Grand Avenue in the frontage of the Diamond Bar Community/Senior Center as optional bid items, the construction cost is $503,443. Upon receiving the bid proposals, staff will review the bids and bring back a budget amendment recommendation to fund the construction. BACKGROUND/DISCUSSION: The Area 5 Slurry Seal Project is the fifth year of the Five -Year Pavement Management Program. In addition to the slurry seal maintenance routine, an area evaluation is conducted to identify concrete distress. This evaluation utilizes a rating system that measures the level of severity to identified distressed concrete. The following is the rating system for concrete distress: Concrete Distress Levels (sidewalk curb and gutter) 1- minor damage (lift < 3/4 -inch) 2- moderate damage (3/4inch < lift < 1 1/2 -inch) 3- major damage (lift > 1 1/2 —inch) Concrete improvements identified with Severity Level 3 will be considered optional for rehabilitation under this project. An additional bid option item is the slurry seal of Grand Avenue in the frontage of the Diamond Bar Community/Senior Center. The project schedule is tentatively set as follows: Approval of Plans and Specifications Bid Opening for Construction Contract Award of Contract Notice to Proceed Completion of Construction PREPARED BY: John L. Ilasin, Assistant Engineer REVIEWED BY: (3U David G. Liu Director of Public Works ATTACHMENT: Resolution No. 2003 -XX May 20, 2003 June 10, 2003 June 17, 2003 June 30, 2003 September 2, 2003 Date Prepared: May 15, 2003 James DeStefano Deputy City Manager RESOLUTION NO. 2003 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND 'SPECIFICATIONS FOR THE AREA 5 SLURRY SEAL PROJECT IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. WHEREAS, it is the intention of the City of Diamond Bar to construct certain improvements in the City of Diamond Bar; WHEREAS, the City of Diamond Bar has prepared plans and specifications for the Area 5 Slurry Seal Project; NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented to the City of Diamond Bar be and are hereby approved as the specifications for the Area 5 Slurry Seal Project. BE IT FUTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be in the form and content as approved by the City Attorney and a copy of this Resolution shall be contained in each specification package for the work: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the City Council of the City of Diamond Bar, Los Angeles County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Diamond Bar will receive at the office of the City Clerk in the City Hall of Diamond Bar, on or before the hour of 10:00 o'clock a.m. on the 10th day of June, 2003, sealed bids or proposals for the Area 5 Slurry Seal Project. Bids will be opened and publicly read immediately in the office of the City Clerk, 21825 E. Copley Drive, Diamond Bar, California 91765-4177. Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar, California, marked, "Area 5 Slurry Seal Project." PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of The Contractor shall forfeit, as penalty to the City of Diamond Bar, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion, thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate; or B. When the number of apprentices in training in the area exceeds a ratio of one to five; or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally; or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as 4 set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Diamond Bar, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this Contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Diamond Bar for an amount equal to at least 10 percent (10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashier's check, or certified check, or bond shall become the property of the City of Diamond Bar. If the City of Diamond Bar awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Diamond Bar to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (100%) of the contract price thereof, and a labor and material bond in an amount equal to one hundred (100%) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Diamond Bar for the construction of said work. No proposal will be considered from a Contractor who is not licensed as a Class A at time of award in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto or to whom a proposal form has not been issued by the City of Diamond Bar. The work, is to be done in accordance with the plans and specifications of the City of Diamond Bar on file in the office of the City Clerk at the City Hall, Diamond Bar, California. Copies of the specifications will be furnished upon application to the City of Diamond. Upon written request by the bidder, copies of the specifications will be mailed when said request is accompanied by a non -reimbursable payment of $10.00 to cover the cost of mailing charges and overheads. The successful bidder will be required to enter into a contract satisfactory to the City of Diamond Bar. In accordance with the requirements of the General Provisions, as set forth in the Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Diamond Bar, California, reserves the right to reject any and all bids. By order of the City Council of the City of Diamond Bar, California, dated this 20th day of May, 2003. Carol Herrera, Mayor ATTEST: Lynda Burgess, City Clerk I, Lynda Burgess, City Clerk of the City of Diamond Bar, California, does herby certify that the foregoing Resolution was duly and regularly passed and adopted b� the City Council of the City of Diiamond Bar, California, at its regular meeting held on the 20t day of May, 2003, by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: 2 Agenda # 6. 12 (a) Meeting Date: May 20, 2003 CITY COUNCIL J AGENDA REPORT_ TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Rejection of All Bids for the Traffic Signal Modification Project at the Intersection of Grand Avenue/Shotgun Lane (1600 S. Grand Avenue, Diamond Bar Community/Senior Center). RECOMMENDATION: It is recommended that the City Council reject all bids for the for the Traffic Signal Modification Project at the Intersection of Grand Avenue/Shotgun Lane (1600 S. Grand Avenue, Diamond Bar Community/Senior Center) FINANCIAL IMPACT: The rejection of all bids has no fiscal impact on the City. BACKGROUND/DISCUSSION: On April 30, 2003, only two (2) bids were submitted and opened for the Traffic Signal Modification Project at the Intersection of Grand Avenue/Shotgun Lane (1600 S. Grand Avenue, Diamond Bar Community/Senior Center). The following were the bid results: Companv Bid Amount 1) Steiny and Company, Inc. $215,712.00 2) GMC Engineering, Inc. $254,827.00 Staff recommends all bids be rejected and the project be expanded to include the traffic signal modification at the intersections of Brea Canyon Road/Lycoming Street and Golden Springs Drive/Ballena Drive for the following reasons: • Sime the value of a combined project will be greater, it is likely to attract more bidders to respond. • Staff effort required to administer a second contract can be eliminated. PREPARED BY: John L. Ilasin, Assistant Engineer REVIEWED BY: David . Liu Director of Public Works n , Jarhe eStefa De ty City Man ger Date Prepared: May 15, 2003 Agenda # ti _ 1.2 (b) Meeting Date: May 20, 2003 CITY COUNCIL - ' AGENDA REPORT TO: honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manag6 J c `' TITLE: A Resolution of the City Council of the City of Diamond Bar Approving Plans and Specifications for the Traffic Signal Modification Project at the Intersections of Grand Avenue/Shotgun Lane (1600 S. Grand Avenue, Diamond Bar Community/Senior Center), Brea Canyon Road/Lycoming Street, and Golden Springs Drive/Ballena Drive in Said City and Authorizing and Directing the City Clerk to Advertise to Receive Bids. RECOMMENDATION: It is recommended that the City Council Approve Resolution No. 2003 -XX: A Resolution of the City Council of the City of Diamond Bar Approving Plans and Specifications for the Traffic Signal Modification Project at the Intersections of Grand Avenue/Shotgun Lane (1600 S. Grand Avenue, Diamond Bar Community Center/Senior Center), Brea Canyon Road/Lycoming Street, and Golden Springs Drive/Ballena Drive in Said City and Authorizing and Directing the City Clerk to Advertise to Receive Bids. FINANCIAL IMPACT: The 2002-2003 Annual Budget allocated the following funds for each respective traffic signal improvement: • Grand Avenue/Shotgun Lane $180,000.00 • Brea Canyon Road/Lycoming Street $130,000.00 • Golden Springs Drive/Ballena Drive $130,000.00 The Engineer's Estimate for the project is $470,000.00. Upon receiving the bid proposals, if necessary, staff will bring back a budget amendment recommendation to fund the complete construction. BACKGROUND/DISCUSSION: Warren Siecke Transportation and Traffic Engineers has prepared the plans and specifications for traffic signal modification at the intersections of Brea Canyon Road/Lycoming Street and Golden Springs Drive/Ballena Drive. These plans and specifications have been incorporated with the initial plans and specifications for the traffic signal modification at the intersection of Grand Avenue/Shotgun Lane (1600 S. Grand Avenue, Diamond Bar Community/Senior Center). The project schedule is tentatively set as follows: Approval of Plans and Specifications Bid Opening for Construction Contract Award of Contract Notice to Proceed Completion of Construction PREPARED BY: John L. Ilasin, Assistant Engineer REVIEWED David G. ' Director of Public Works May 20, 2003 June 10, 2003 July 17, 2003 July 30, 2003 November 5, 2003 James DeStefan Deputy City Man Date Prepared: May 15, 2003 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE TRAFFIC SIGNAL MODIFICATION PROJECT AT THE INTERSECTIONS OF GRAND AVENUE/SHOTGUN LANE (1600 S. GRAND AVENUE, DIAMOND BAR COMMUNITY/SENIOR CENTER), BREA CANYON ROAD/LYCOMING STREET, AND GOLDEN SPRINGS DRIVE/BALLENA DRIVE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. WHEREAS, it is the intention of the City of Diamond Bar to construct certain improvements in the City of Diamond Bar. WHEREAS, the City of Diamond Bar has prepared plans and specifications for the Traffic Signal Modification Project at the Intersections of Grand Avenue/Shotgun Lane (1600 S. Grand Avenue, Diamond Bar Community/Senior Center), Brea Canyon Road/Lycoming Street, and Golden Springs Drive/Ballena Drive. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications for the Traffic Signal Modification Project at the Intersection of Grand Avenue/Shotgun Lane (1600 S. Grand Avenue, Diamond Bar Community/Senior Center) ), Brea Canyon Road/Lycoming Street, and Golden Springs Drive/Ballena Drive are hereby approved. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be in the form and content as approved by the City Attorney and a copy of this Resolution shall be contained in each specification package for the work: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the City Council of the City of Diamond Bar, Los Angeles County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Diamond Bar will receive at the office of the City Clerk in the City Hall of Diamond Bar, on or before the hour of 2:00 o'clock p.m. on the 10th day of June, 2003, sealed bids or proposals for the Traffic Signal Modification Project at the Intersections of Grand Avenue/Shotgun Lane (1600 S. Grand Avenue, Diamond Bar Community/Senior Center), Brea Canyon Road/Lycoming Street, and Golden Springs Drive/Ballena Drive. Bids will be opened and publicly read immediately in the Office of the City Clerk, 21825 E. Copley Drive, Diamond Bar, California 91765-4177. Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar, California, marked, "Bid for the Traffic Signal Modification Project at the Intersections of Grand Avenue/Shotgun Lane (1600 S. Grand Avenue, Diamond Bar Community/Senior Center), Brea Canyon Road/Lycoming Street, and Golden Springs Drive/Ballena Drive." PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per them wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per them wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per them wages are on file in the Office of the City Clerk, 21825 E. Copley Drive, Diamond Bar, California 91765-4177, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to the City of Diamond Bar, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion, thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade fer a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of fifteen percent (15%) in the ninety (90) days prior to the request for certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this Contract and the Contractor and any subcontractor under him shall employ with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Diamond Bar, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this Contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Diamond Bar for an amount equal to at least ten percent (10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed Contract if the same is awarded to him, and in the event of failure to enter into such Contract said cash, cashier's check, certified check, or bond shall become the property of the City of Diamond Bar. If the City of Diamond Bar awards the contract to the next lowest bidder, the amount of the lowest bid'der's security shall be applied by the City of Diamond Bar to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (100%) of the contract price thereof, and a labor and material bond in an amount equal to one hundred percent (100%) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Diamond Bar for the construction of said work. No proposal will be considered from a Contractor who is not licensed as a Class A and/or C10 contractor at time of award in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto or to whom a proposal form has not been issued by the City of Diamond Bar. The work is to be done in accordance with the profiles, plans, and specifications of the City of Diamond Bar on file in the Office of the City Clerk at the City Hall, Diamond Bar, California. Copies of the plans and specifications will be furnished upon application and a non - reimbursable payment of $30.00 to the City of Diamond Bar. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by a non -reimbursable payment of $40.00 to cover the cost of mailing charges and overheads. The successful bidder will be required to enter into a contract satisfactory to the City of Diamond Bar. In accordance with the requirements of Section 903 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Diamond Bar, California, reserves the right to reject anYh and all bids. By order of the City Council of the City of Diamond Bar, California. Dated this 18 h day of March, 2003. PASSED, ADOPTED and APPROVED by the City Council of the City of Diamond Bar, California, this 20th day of May, 2003. Carol Herrera, Mayor ATTEST: Lynda Burgess, City Clerk I, Lynda Burgess, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the 20th day of May, 2003, by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: LYNDA BURGESS, City Clerk City of Diamond Bar, California CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager 006 fblor— Agenda # 6.13 Meeting Date: May 20, 2003 AGENDA REPORT TITLE: Consider Approval of Resolution No. 2003 -XX Opposing AB 1221 (Steinberg and Campbell), the Balanced Communities Act RECOMMENDATION: It is recommended that the City Council approve Resolution 2003 -XX opposing AB 1221, the California Balanced Communities Act of 2003. ANALYSIS: AB 1221 enacts the California Balanced Communities Act of 2003, which would reduce city and county sales and use tax revenue and use property tax revenue from counties' Educational Revenue Augmentation Funds (ERAF) to backfill the sales and use tax revenue lost by cities and counties. The City is concerned with the following provisions of the proposed legislation: • This bill would take locally generated revenues (sales tax) that are currently distributed to cities and redirect that revenue to the State and backfill that lost revenue with property tax without constitutional protection guaranteeing property tax revenue would continue to be distributed to cities in the future. ■ The proposed legislation sets the property tax backfill amount based on 2003-04 sales tax revenue level. There is no language in the bill to account for future increases in sales tax revenue. In other words, the City would lose a portion of all future increases in sales tax revenue to the State. For example, If Diamond Bar receives $3 million in sales tax effective January 2004, the sales tax revenue would be reduced to $1.5 million and the lost sales tax revenue would (theoretically) be replaced by backfill from property tax revenue via the Educational Revenue Augmentation Fund. Once the initial shift is done, let's hypothetically say the property tax revenue grows from $2 million to $3.5 million. In order to make up the $1.5 million from the taken sales tax revenue, the percentage of property tax revenue received would grow from 5.3% to 8%. Theoretically, going forward, Diamond Bar would now receive .5% sales tax revenue and 8% property tax (2.7% back filled by ERAF). ■ Sales tax revenue represents a major source of income which Diamond Bar has been able to rely upon to provide many of its services. Changing this funding will be unhealthy for local governments and places delivery of public services and our municipal fiscal integrity at great risk. If enacted, this legislation would transfer one of the City's primary sources of revenue to the State. Cities would have to rely on the State to appropriate property tax revenue to cities to offset the lost sales tax revenue. When the State again overspends and must balance its own budget, there is no guarantee that the State will continue to provide this much needed revenue to cities. The attached Resolution opposes AB 1221 and requests the State Budget Office and the State Legislature hold a series of town hall meetings with local elected officials from around the state to negotiate a more equitable resolution to the state budget crisis. If approved by the City Council, copies of the Resolution will be distributed to the following: Assembly Appropriation Committee members; Assemblyman Bob Pacheco; Senator Bob Margett; the authors and co-authors of the bill; California Contract Cities; and the League of California Cities Attachment: (Proposed Resolution Opposing AB 1221 IHinderliter AB 1221 Calculator Examples, Chart, and Analysis RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR OPPOSING AB 1221 (STEINBERG AND CAMPBELL) — CALIFORNIA BALANCED COMMUNITIES ACT WHEREAS, AB 1221 enacts the California Balanced Communities Act of 2003; reduces a city's allocation of sales and use tax revenue; substitutes property tax revenue from the county's Educational Revenue Augmentation Funds (ERAF) to backfill the sales and use tax revenue lost by the city; and provides for an additional allocation of 0.5% of sales and use tax to the state in order to replace the lost ERAF money, and WHEREAS, the intention of AB 1221 is to create a positive incentive for local government to address housing, it instead penalizes cities by depriving them of dependable sales tax revenue, and WHEREAS, AB 1221 proposes to give the State more control over the distribution of local sales tax revenues placing the delivery of public services and municipal fiscal integrity at risk, and WHEREAS, AB 1221 could, in effect, strip the City of Diamond Bar of its only local allocated tax revenue, and WHEREAS, the future development of the City of Diamond Bar will be more retail commercial based rather than residential according to the current general plan, and WHEREAS, cities such as Diamond Bar are harmfully discriminated against by the use of a single base year formula prescribed in AB 1221, having made longer term land use decisions based on existing revenue sources which emphasize future retail commercial development, and WHEREAS, the City of Diamond Bar will have a growing sales tax base anticipated to be more than its property tax base, and WHEREAS, the City of Diamond Bar realizes that the state budget crisis needs to be solved and the state tax revenue system must be completely overhauled. THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY OPPOSE AB 1221 (Steinberg and Campbell) and RESOLVE: SECTION 1. AB 1221 is not beneficial to the City of Diamond Bar since potential loss of additional city revenues may lead to a reduction in essential public services. SECTION 2. The City Council recommends that the state budget office and the state legislature hold a series of town hall meetings with local elected officials around the state in order to accumulate more localized ideas to reach an equitable resolution to the state budget crisis. 1221. SECTION 3. The City Council opposes AB 1221 and asks all elected officials to oppose AB SECTION 4. The City Clerk shall certify to the adoption of the Resolution. PASSED, APPROVED AND ADOPTED this 13th day of May, 2003. CAROLHERRERA Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City council of the City of Diamond Bar held on the 13th day of May, 2003, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Lynda Burgess, City Clerk City of Diamond Bar HdL Coren & Cone AB 1221 Calculator Pagel of 2 r HdL Companies' AB 1221 Calculator Assumptions: Base Year Revenue: Year 1 Assumed % Growth: Year 2 Assumed % Growth: Year 3 Assumed % Growth: Year 4 Assumed % Growth: Year 5 Assumed % Growth: Property Tax 2097199 Sales Tax 1. (% 1'% 7 % 1' % 0i% 2?% 81221 Sales Tax Base (= 1/2 First Year Estimated Sales Tax): $1,473,855 �- 5' % About AB 1221 and the HdL Companies' Calculator http://www.hdlccpropertytax.com/ab 1221 cp. asp 5/12/03 Results: hese are estimates (based on the data you entered) of the figures that would be used if AB1221 is pplied as the base year values from which all further property and sales percentage growth would be calculated. If AB1221 becomes law the actual values used for the calculation of base year values will likely be your 2002/03 fiscal year property (excluding RDA) and sales tax revenue totals. 81221 Prop. Tax Base (= First Year Est. Prop. Tax + 1/2 Est. Sales Tax): $3,571,054 81221 Sales Tax Base (= 1/2 First Year Estimated Sales Tax): $1,473,855 With Current Laws Fiscal Non -AB 1221 Non -AB 1221 Non TB 1221 Year Property Revenue Sales Revenue Total Base NIA, $2,097,199 N/A $2,947,709 N/A 1st 10.00% $2,306,919 1.00% $2,977,186 4.74% 2nd 7.00% $2,468,403 1.00% $3,006,958 3.62% 3rd 0.00% $2,466,403 2.00% $3,067,097 1.10% 1.00% $2,493,087 4.00% $3,189,781 2.66/ 5th 1.00% $2,518,018 1 5.00% $3,349,270 3.25% $5,044,908 $5,284,105 $5,475,361 $5,535,5004th 5,682,868 $5,867,288 With AB1221 Fiscal AB 1221 AB 1221 AB 1221 Year Property Revenue Sales Revenue Total Base N/A $3,571,054 N/A $1,473,655 N/A 1st 10.00'% $3,928,159 1.00% $1,488,593 7.37% 2nd 7.00% $4,203,130 1.00% $1,503,479 5.35% 3rd 0.00% $4,203,130 2.00% $1,533,549 0.53% 4th 1.00% $4,245,161 4.00% $1,594,890 1.80% 5th 1.00°% $4,287,613 5.00%o $1,674,635 2.09/0 $5,044,908 $5,416,752 $5,706,609 $5,736,679 $5,840,052 $5,962,248 Comparison Summary Totalevenue Total Revenue AB 1221 With AB 1221 Difference Cummulative Difference 5,044,908 $5,044,908 N/A N/A5,284,105 $5,416,752 2.51 % o$132,647 2.51 /o $132,647,475,361 $5,706,609 4.22% $231,248 3.38%,535,500 0 $363,895$5,736,679 3.63/0 $201,178 3.47% $565,073,682,868 $5,840,052 2.77% $157,184 3.29% $722,256,867,288 $5,962,248 1.62°/ Aod oan opo. a . JrA& About AB 1221 and the HdL Companies' Calculator http://www.hdlccpropertytax.com/ab 1221 cp. asp 5/12/03 HdL Coren & Cone AB 1221 Calculator Page 1 of 2 ► HdL Companies' AB 1221 Calculator Assumptions: Base Year Revenue: Year 1 Assumed % Growth: Year 2 Assumed % Growth: Year 3 Assumed % Growth: Year 4 Assumed % Growth: Year 5 Assumed % Growth: Proper Tax 19454661 17a % ._...3. e8'% Sales Tax 2423743' r 8i% % l_8=.% - - %--". I %'➢( co,yoo) About AB 1221 and the HdL Companies' Calculator http://www.hdlccpropen'ytax.com/ab 1221 cp. asp 5/12/03 Results: hese are estimates (based on the data you entered) of the figures that would be used if AB1221 is applied as the base year values from which all further property and sales percentage growth would be calculated. If AB 1221 becomes law the actual values used for the calculation of base year values will likely be your 2002/03 fiscal year property (excluding RDA) and sales tax revenue totals. 81221 Prop. Tax Base (= First Year Est. Prop. Tax + 1/2 Est. Sales Tax): 81221 Sales Tax Base (= 1/2 First Year Estimated Sales Tax): $3,157,338 $1,211,87 With Current Laws Fiscal Non -AB 1221 Non -AB 1221 Non -AB 1221 Year Property Revenue Sales Revenue Total Base N/A $1,945,466 N/A $2,423,743 N/A 1st (1.70;1% $1,912,393 3.30% $2,503,727 1.07% 2nd 1.70% $1,944,904 8.30% $2,711,536 5.44% 3rd 3.70% $2,016,865 8.00% $2,928,459 6.20% 4th 3.80% $2,093,506 2.90% $3,013,384 3.27% 5th 8.90% $2,279,828 1.80%o $3,067,625 4.71% $4,369,209 $4,416,120 $4,656,440 $4,945,324 $5,106,890 $5,347,453 With AB 1221 Fiscal AB 1221 AB 1221 AB 1221 Year Property Revenue Sales Revenue Totai Base N/A $3,157,338 N/A $1,211,872 N/A 1st (1.70)'% $3,103,663 3.30% $1,251,863 (0.31)% 2nd 1.70'% $3,156,425 8.30% $1,355,768 3.60% 3rd 3.70% $3,273,213 8.00% $1,464,229 4.99% 4th 3.80°,'/0 $3,397,595 2.90% $1,506,692 3.52% 5th 8.909/0 $3,699,981 1.80% $1,533,812 6.72% $4,369,209 $4,355,526 $4,512,193 $4,737,442 $4,904,287 $5,233,793 Com arison Summa Fiscal Total Revenue Total Revenue Year Without AB 1221 With AB 1221 Difference Cummulative Difference Base $4,369,209 $4,369,209 N/A N/A 1st $4,416,120 $4,355,526 (1.37)% ($60,594) (1.37)% 2nd $4,656,440 $4,512,193 (3.10)% ($144,247) (2.26)% 3rd $4,945,324 $4,737,442 (4.20)% ($207,882) (2.94)% 4th $5,106,890 $4,904,287 (3.97)% ($202,603) 5th $5,347,453 $5,233.793 (2.13101. (4,, � An io 00.0. ($60,594) ($204,840) ($412,722) - - %--". I %'➢( co,yoo) About AB 1221 and the HdL Companies' Calculator http://www.hdlccpropen'ytax.com/ab 1221 cp. asp 5/12/03 N O r O O LL O L t N O 4 O CD r U- 0 V C O D o c 0 e o o ,6co c 4 0 0 0 co ni m 6A 9l�Zx 90116�x /V4, 906, L �ss�4N p x h' 29l six oy�� �yV0o 8 900, �d�L OOS,�O��x l°Sx r0b0� y yob S06o9x ��/bey 6 1�b0 b7 9e6) 0,tr�6�pNbS b 4- es9sa Ngo ys s 8198E J%CY-f ��OS 9e, 7v s2s�9�z yN�O�d�/S Sbd 19 rlo, b ,lF��l ASl l, Ni BOJ r9e.SSZ[. ?88 piyb 109 8y9A 92, �b 98Z 1/�'b 8�6oz ,� Np`y�� 0. , o�69 N ko .9£8 6N/� baa Z� 00 1 z��£ sbW/Q On,/�'bS 689 pON� >slsel' 04 yoN/M� r p0 0 Vl N coa U x m U) a a 0 c 2 0 E E 0 U 2 m a a m IL HdL Coren & Cone AB 1221 Calculator In the proposed legislation AB 1221, General Fund revenues ONLY are in play. The bill, as proposed, does not impact redevelopment tax increment revenue. 1. Values in the base year in redevelopment project areas do not receive the cost of living adjustments applied by the Assessors' offices annually. Base Year values do not grow between tax years. 2. Under AB 1221, to the extent that a city's assessed valuation is within a redevelopment project area, the city will not see property tax revenue growth in subsequent tax years from the project area base years. 3. Cities that have been impacted by successful property tax appeals during the past year should take these potential value declines into account when developing a growth percentage. 4. Neither Hinderliter del -lamas & Associates (sales tax) nor HdL Coren & Cone (property tax) have reliable data to project revenues 2, 3, 4, or 5 years into the future. Property tax is a trailing economic indicator due to the fact that the data upon which taxes are based are not available for purchase until 6 months after the lien date roll has been assembled. 5. HdL Sales Tax clients can review sales tax trends for your jurisdiction by pulling up annual or quarterly totals using the "print reports" function on your HdL Sales Tax browser. OBSERVATIONS: • In years where the growth in sales taxes and property taxes are the same percentage, AB 1221 has no fiscal impact. • In years where the property tax percentage growth is larger than the sales tax percentage growth, there is an advantage to AB 1221. • In years where the sales tax growth is larger than the property tax percentage growth, there is a disadvantage to AB 1221 being implemented as the overall tax receipts will be less than if AB 1221 is not adopted. • The legislation does not address how retroactive Sales Tax adjustments including appeals will be handled. • Individual cities need to take into account how AB 1221 will affect city to city, city to county, and city to developer sales tax sharing agreements. As drafted, AB 1221 does riot specify how or if such agreements would be grandfathered. • Commercial and industrial property values on an acre by acre basis generally exceed those of residential properties. Commercial and industrial properties often have unsecured values attached that also generate property tax revenue. • AB 1221 is new legislation which has not been reviewed by any committee of the legislature. This legislation may not be enacted, or may be enacted is some different form. http://www.hdlccpropertytax.com/ab1221 cp. asp Page 2 of 2 5/12/03 AGENDA NO. 6.1.1 CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION MAY 6, 2003 STUDY SESSION: M/Herrera called the Study Session to order at 4:41 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 E. Copley Dr., Diamond Bar, CA. Present: Council Members Chang, O'Connor, Zirbes, MPT/Huff and M/Herrera Also present were: Linda Lowry, City Manager; Mike Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Doyle; Deputy City Manager; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Lynda Burgess, City Clerk; April Blakey, Public Information Manager; Sharon Gomez, Administrative Analyst; Fred Alamolholda, Senior Engineer; Kim Crews, Senior Management Analyst; Linda Smith, Development Services Assistant and Susan Full, Accountant II. Fiscal Year 2003-04 Budget Public Comments 1) Fiscal Year 2003-04 Budget CM/Lowry reported that the agenda package budget packet carries this year's business forward into next year and does not address VLF reduction allocations from the state. The packet includes unaltered state subventions, positions that have been budgeted for this year, 3% cost -of -living increase and includes $25 iincrease in cafeteria plans for all full-time employees. The items included in the goals and objectives are continued into the budget. Staff's presentation includes an update of where staff sees themselves with regard to meeting the objectives within the goals. For the most part, if there were items pushed out when staff formulated revisions to this budget, those items have been built back into the budget that has been presented to the Council. In one case, the slurry seal items have been reflected on the cover sheet, the third page of the budget document. This shows the presentation of the "going forward" budget relative to the general fund living within its current -year resources. Staff has not moved spending prior - year fund balance carryovers and left slurry seal items off. Those would be visible down next to the bottom line where the capital transfer -out items are shown. We met with the Finance Committee this morning and were directed that the slurry seal items belong as part of the presentation for next year. In order to fund the slurry seal items because they have been approved in the current year budget, we could legitimately spend out of the general fund carryovers. The new spreadsheet includes the revised budget presentation to include the slurry seal items as part of the going -forward general fund business for next year with the anticipation that completion of the slurry seal is one of the best practices that the City wishes to continue. Staff looked at this proposal with the Finance MAY 6, 2003 PAGE 2 CC STUDY SESSION Committee and the Committee said to review the proposal as it would appear were the City to suffer a $1,000,000 reduction in VLF and make a third -round proposal were the City to suffer a $2,000,000 reduction in VLF. In accordance with those instructions, the second to the right column, third line from the top reflects a $1 million reduction in subventions. The last column on the right reflects an additional $1 million reduction in subventions. Accordingly, staff reviewed the reductions and each department head prepared an explanation of what those cuts would entail for them based on the budgets they had presented to the Council, that being a go -forward on this year's goals and objectives. With this information, Council could have a sense of the context within which it would be looking at other directions to staff on how to prepare another draft of the budget. The circumstance of having unknown revenues along with an ongoing set of goals and objectives invites criticism about the budget process. If Council would like staff to give a line by line explanation, that would be appropriate. The presentation could include presentations by department heads to indicate what they included in the original presentation, what would be the impact of $1,000,000 and $2,000,000 reductions. M/Herrera explained that the Finance Committee felt it would be better to take a more prudent approach rather than a "business as usual" approach in the budget that was distributed to the Council. Rather than wait to see what the state gives the City, the Finance Committee felt it would be better to prepare reduction scenarios from the outset in an effort to be pro -active rather than re -active. MPT/Huff stated that the budget is a complicated document. One of the things that confused him was how staff arrived at what are called "available resources" - general fund resources. For the sake of argument, assume a budget of $15,000,000 last year. Perhaps because the City did not have enough staff or did not get around to it, the City may have spent only $11,000,000 even though there was $14,000,000 allocated. So, the City basically built up $4,000,000 extra dollars than what was anticipated to build up the City's fund reserves. In looking at it once again, we could assume that this has already been allocated. So we're showing it now as a reserve. We had a way to target that in the past saying this is something the Council agreed on. We included it in the budget and it did not get spent. So now what we're looking at is this $19,000,000 and a $2,000,000 million reduction in available resources. Some of that money includes money from the past year that the Council allocated in this last fiscal year that for whatever reason was not spent. So, the general fund resources improved by a larger amount. But we still think in our heads that this thing is going to get taken care of because we budgeted for it. C/Zirbes said he went through the budget contained in the packet over the weekend and was comfortable with what he saw and with the numbers contained in the budget. He also understood the concern about whether there would be a reduction in the VLF. There is so much confusion about what's going on in Sacramento - "we're not going to take away from the cities" - "we're not going to MAY 6, 2003 PAGE 3 CC STUDY SESSION balance on the backs of the drivers." If Sacramento were looking to balance their budget he would believe they would be more likely to raise the vehicle license fees as opposed to doing what they did several years ago by passing along the deficit to the cities. He felt it was smart to take a look at alternative budgets in case the City is faced with the reduction, but he wondered what the likelihood would be that the City would see any reduction in the VLF. MPT/Huff said that the assumption was the City would be hit in this current year. There's a stalemate going on between the two sides and no one wants to pull the plug on the VLF, but if they don't, they have to find a different way to balance the budget. Even if they pull the plug on VLF, it would solve only a part of the problem. If car owners are paying a higher VLF, the cities may still take a hit. That's the part we don't know. All we know is the question we rhetorically asked this morning. Are we in a situation of "business as usual" and the answer is "no." The state has a $25-35 billion deficit and they keep looking in our bank account. Questionnaires to cities ask these types of questions. What they're going to do is try and measure the reserves and set-asides. So, the Finance Committee felt that it should bring something to the Council that addressed "business as usual" although we don't think that's right, but we felt it was important to look at various scenarios. As a Council, we have to make an "on-faith" decision. Also, there are various constituencies within the City that advocate different capital items that have not yet been contemplated such as soccer fields and a library. If we build a library, how do we maintain it? We need to figure out how much of this reserve can we spend and how much of the reserve can we not touch regardless. He felt it would be helpful to look at the budget in that way. Does the Council want to fund ongoing expenses out of the reserves or do you want to keep the capital. Secondly, does the Council want to do business as usual and fund the deficit with capital reserves? The subcommittee felt it should present something that would reflect what the City might anticipate. C/Zirbes said that as a business owner, he has always analyzed best case, worst case scenarios and consider at what point in time he would pull the plug on certain expenses. He felt it was prudent for the Council to do the same. However, being held up by the state causes a dilemma for this City. The City is to the point where it needs to be adopting some type of a budget coming into the new fiscal year. He would be curious to know from each of the directors what the City loses. NIPT/Huff said that if the City decided to proceed on a "business as usual" basis we might have to trim back when the budget is finally determined. C/Chang said that regardless of the items the state would probably cut some of the money flowing to the City anyway. It depends on how big the cut is. On the other hand, the City has enough so that it does not really have to worry about how much the state is cutting. Luckily, this City has money to supply its own budget. If we have problems in this City, we can resolve them. Although the problem is created from the state, the City still has the tools to resolve it. With MAY 6, 2003 PAGE 4 CC STUDY SESSION that in mind the City should certainly be more conservative in its spending. In the meantime, he does not believe the City should cut back on the quality of service. C/O'Connor felt there should be a starting point and that Council should proceed through the budget as submitted by staff to determine what cuts the Council would recommend. M/Herrera agreed that today is the starting point for Council to receive information. Staff has presented Council with a rollover budget. It is a snapshot of exactly what the City is doing today with respect to programs and revenues. CM/Lowry explained that because the City is trying to live within its resources, staff played with those resources to determine what could be done to decrease the amount of cuts. Because CSD/Rose's budget includes $110,000 in maintenance, staff thought to offset that amount by drawing down on bond money that can legally be spent for maintaining the parks. Staff snipped another $10,000 from the City Attorney's fee. According to the spending pattern, the City could probably live with that. Staff combined the office of the City Manager and City Clerk and pulled out the position of Senior Management Analyst and looked to combine other staffing resources, possibly looking to reduce some of the support staff in those areas resulting in an overall savings of about $78,000. Staff similarly combined Finance and Human Resources to reduce that budget amount through staffing reductions. Other changes involve Information Systems interns. Some of the changes anticipated for Public Information would be improvements in the newsletter and increase in inventory for the D.B. store. Those would likely be cut back for a $10,000 reduction. Additionally, there would be a general government reduction of $32,000. A rearrangement of law enforcement contract items such as the school safety program by not filling a vacancy and working with Lt. Maxey's staff is certain that the amount could be reduced significantly without adverse impacts to public safety. DCM/Doyle explained that there is presently one vacancy that is funded from the general fund. The other is a grant deputy. CM/Lowry said that staff considered cutting back on some of the coyote control. Staff pulled out the $75,000 allocated for community planning. Building and Safety is a based on demand. Staff removed an unfilled position and reduced overtime for Neighborhood Improvement. Staff could reduce Community Services Administration by removing part-timers. CSD/Rose said that removal of part time cost, overtime cost and small tool purchases would result in savings of about $26,300. Elimination of the track meet, tiny tots program and Winter Snow Fest would result in a $119,138 cost cut. DCM/DeStefano explained that more than half of the economic development budget goes to a particular business in town as a rebate in accordance with the MAY 6, 2003 PAGE 5 CC STUDY SESSION sales tax agreement. Therefore, the reduction of about $36,000 to meet the $1,000,000 goal would come entirely out of professional services (appraisal work, economic development work, financial consultant support). CM/Lowry said that with the above cuts, the savings is just under a $1,000,000 left over at the end of the year. CSD/Rose confirmed to that the City realizes $90,000 from the track meet, tiny tots program and Winter Fest. The money goes into the general fund as revenue. C:/Chang felt it did not make sense to cut those programs to save money and that staff should re -look at that item. PWD/Liu said that his department deleted the $100,000 carryover for the Neighborhood Traffic Management program. In this scenario, staff would propose to reduce a few more items. The proposed budget included $3,000 for traffic mitigation for the SR 57/60 HOV project. The other items include storm water runoff for a total reduction of $60,000. CSD/Rose said the budget was stripped down $25,000 from $50,000 for tree planting and $11,800 from the $150,000 street maintenance budget. CM/Lowry summarized that the above is the first blush of trimming the budget by $1,000,000. She then explained the items that were reduced in the $2,000,000 reduction column. Reduce park maintenance by an additional $50,000. Sell Prop A monies for $200,000. Additionally, staff took away the 3% (cost of living increase), the $25 (cafeteria benefit) and some of Council's travel money, and $5,000 of the City Attorney's allowance. Also, another $25,000 was removed from the City Manager's office budget. General government was further reduced. Bottom line - no CPI, all vacancies left open, no $25, no contract with video people, Mr. Neely, etc, public information reduction, less promotional business, law enforcement reductions of $100,000, 25% reduction in volunteer patrol services, some reduction and cutback in fire services, animal control and emergency preparedness. Emergency preparedness could potentially be reduced by $1,000. DCM/DeStefano said that of the $90,000 that remains to be cut from Community Services includes $25,000 for salaries, $30,000 for professional services and other small cuts. CSD/Rose explained that further cuts would eliminate certain maintenance items, replanting slopes and slurry seal for a couple of the park's parking lots. PWD/Liu said that the reduction would eliminate replacement of street signs. MAY 6, 2003 PAGE 6 CC STUDY SESSION CSD/Rose explained that the tree planting would be reduced by $40,000 and street sweeping would be reduced by $46,800. CM/Lowry further explained that the standard deposit for self-insurance would be eliminated. At this point, the fund is over $1,000,000. Even with the $2,000,000 reductions, staff expects a $1,000,000 amount of excess revenue over appropriations. The consideration is whether, as a policy matter, the Council would wish to redistribute the amount back up into the budget or hold it as a cushion for unanticipated increases or unanticipated shortfalls. C:/O'Connor asked what the 3% and $25 amount to. FD/Magnuson responded that the 3% cost of living adjustment would amount to approximately $86,900 and the $25 cafeteria increase would cost approximately $14,450, for a total adjustment of $101,400. C/Zirbes asked what the open positions total would be. FD/Magnuson said the Senior Neighborhood Improvement Officer position comes to about $77,000 for salary and benefits and the Senior Management Analyst position is about the same. Currently, those are the two full-time positions that are open. CM/Lowry said that one of the creative ways to keep people is to leave those humans in the special fund. There could be other ways to reorganize the City around future vacancies and other ways to allocate funds for use of staff. M/Herrera said there is some speculation that the City will not take a big hit this year. A lot of people are predicting the hit will occur in the following year. Perhaps the Council does not need to spend a whole lot of time thinking about alternative ways of financing some of the personnel. However, we should start thinking about it for the long term for the following year. C/O'Connor felt that salaries should not be cut. If the City can't keep its good employees, it has lost a great deal. The $90,000 should be left in no matter what. MPT/Huff said he didn't mind cutting the $1,000,000 cushion because it is all reserves. It seems the problem is reallocation because we haven't done all of the stuff that was included in prior budgets. C/O'Connor said that the residents have commented that the City should be spending its $20,000,000 reserves. CM/Lowry said that the problem with the state revenues being so up and down is the state's problem. Because of the City's foresight, it has not had to weather so MAY 6, 2003 PAGE 7 CC STUDY SESSION many of those ups and downs until now. In the last 30 years, certain cities have had to endure that. And now, D.B. is in that cycle. One of the ways the City can protect itself is to analyze the reserves and make policy decisions, your commitment about how you want those reserves to work. How do you want the City to arm itself so that either the reserves are always there or there is a definite plan to meet the goals. Before we knew the state was going to try and take the City's money, it was allocated for certain projects. Now that there is a potential shortfall, how do we reallocate that money not knowing if your revenues will be able to keep up with your expenditures and not knowing if spending that money will incrementally increase revenues or deplete revenues. Instead, we should plan for all contingencies. When the Council gave her employment interview, one of the questions was how the Council wanted to handle its reserves on an ongoing basis to cover the City on an emergency basis. How much reserve does the Council want to keep for something happening that the City didn't plan. She pointed out that it takes 120 days to amend personnel spending. It takes 120 days to figure out how to make a layoff policy or how to negotiate termination packages for employees. How much money do you think you have to have on hand to deal with that. The way you plan is to actually weigh those options and then create a capital improvement budget that goes five years out. Year to year allocation leads to confusion about how much is left from a prior year. How much of the fund balance is really committed to actual capital improvement projects? Instead, the money should be transferred out of the general fund into a capital improvement reserve and earmark the projects inside the reserves. This City does not put the money into projects until it needs it. That's what MPT/Huff was describing. It confuses the fund balance. If the planning fairy waves its wand and all of the projects should happen at once, you don't know where the funding is coming from. That would be the next stage. In order to be comfortable with a forward-looking operating budget, it would behoove Council to look at establishing a capital improvement reserve fund and then we can look at how much should be kept in the general reserve fund for emergencies and how much should be dedicated to development. She pointed out that there is a real opportunity for Council to determine how it wants to proceed. For instance, the cul-de-sacing of Washington St. was on the list because staff thought it needed to be done. However, it seems to no longer be a real apparent need. This is the type of discussion department heads need to have with Council - a real one-on- one discussion about Council's goals and how it wants to proceed. In addition, it would help to illuminate the scoring of priorities that each Council Member applied on an individual basis. This type of exercise would assist staff in formulating and prioritizing a new or ongoing budget. C/Chang said the City might not recover from the state budget cuts. The Council needs to decide what amount of cut it wants to go for. We should go item by item and decide what to cut. M/Herrera said that another scenario is to meet on May 13 and talk about some of the things previously outlined, talk about the Council's goals and the budget. MAY 6, 2003 PAGE 8 CC STUDY SESSION Once the Council knows the state's position, it would be in a stronger position to Clive staff direction about which column to pursue. C/Zirbes said he would also like to look at what the City could do to save money. At the same time, we should move forward with the proposed budget knowing there is a way that the City could save $1,000,000. Because this is a tough year, the City isn't going to put a million in the bank and instead of chopping $2,000,000 in services, cut back on some of the things proposed in the $1,000,000 cut and take the other million and consider it a $2,000,000 loss - just ddon't put the million in the reserves this year. There are a lot of things the City needs to provide. The proposed budget is solid. It keeps the City moving forward. Sacramento presents a question that can't be answered at this time. But it seems that staff has thought this through and considered a variety of options. As a Council, we need to consider what is important to the quality of life in this City. Is it really important for us, in a tough budget time, to put money in the bank? Some of the cuts in the $2,000,000 column seem severe while the City is still putting $1,000,000 in the bank. MPT/Huff reiterated his agreement that it was not necessary for the City to put away $1,000,000. In fact, this budget would allow the City to free those salary budget items. C/O'Connor said that we could leave the budget as is. We could suffer the $1,000,000 and suffer $40,000 less. It's easy to drop $40,000. CSD/Rose explained that part of the cost for the Community/Senior Center maintenance is a one-time cost to outfit the facility for about $350,000. The remaining cost is $600,000 for the annual operating expenses. There would be no operating expenses until February 2004, about five months in the next fiscal year. C/O'Connor stated that the D.B. Community Foundation has been considering many ideas. CSD/Rose just mentioned $350,000 for furniture and fixtures. Would Council like to consider having individuals buy, for instance, a table and have a plaque with their name installed. Also, there was a suggestion to sell your name for the banquet hall. For a $1,000,000, you could have the banquet hall named after you. Some individuals want to donate art. Or, perhaps someone would like to make an endowment for the senior center, etc. Council could consider such ideas as a method of deferring costs. M/Herrera said the first thing the Council needs to determine is how to build for next year. Perhaps Council would want to draw up new list after listening to department heads talk about why we should eliminate something. After that, staff could bring Council a decision package to be considered along with the other items of concern. After the meeting, staff will provide blank goal sheets to work on next year's goals, continue the project assessment and get a clearer indication of how to proceed. MAY 6, 2003 PAGE 9 CC STUDY SESSION CM/Lowry offered that department heads could list some goals and options for discussion. C/O'Connor said it would be helpful if Council could get the wish lists from department heads prior to the meeting. M/Herrera said that before Council considers the rollover columns, it needs to know the costs involved with the Community/Senior Center so that the costs do not have to be added back in later. C/O'Connor said that Council approved $15,000 in the budget for a grant writer. The Community Foundation has not spent all of that money because it just hired a grant writer. She noticed a line item in the budget that indicated $15,000 for a grant writer. Is that line item for the City or for the Foundation? DCM/Doyle responded that the Foundation grant would carry over into next year whatever funds are remaining at the end of this fiscal year. Last year when the grant writer was approved, it was done through a decision package and that decision package was not included in the budget now before you. The $15,000 budget line item is for the City's grant writer. The Foundation requested a study session with Council to determine what level of support, if any, the Council wanted to give the Foundation such as the minutes secretarial service of about $1,200 and funding for the grant writer. MPT/Huff said that the Foundation was formed to benefit the City. Funding was provided to help jump start the Foundation and help the Foundation to become self-sufficient in funding the Parks Master Plan. C/O'Connor agreed that the Foundation has to find other funding sources and looks to the grant writer for those sources. C/Zirbes said that if the grant writer is successful, he could produce 10 to 50 -fold the investment the City makes in the form of grants that it might not normally see as a City. If that were the case, the money spent would greatly benefit the City. It seems too early to tell how successful he will be. Following discussion regarding three separate budget scenarios for FY 2003-04, it was agreed that the discussion would be continued to Tuesday, May 13, 2003 at 4:30 p.m. in Room CC -8, SCAQMD/Government Center, 21825 E. Copley Dr. PUBLIC COMMENTS: None Offered. MAY 6, 2003 PAGE 10 CC STUDY SESSION ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the Study Session at 6:00 p.m. to Closed Session. LYNDA BURGESS, City Clerk ATTEST: CAROL HERRERA, Mayor AGENDA NO. 6.1.2 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR MAY 6, 2003 STUDY SESSION: M/Herrera called the Study Session to order at 4:41 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 E. Copley Dr., Diamond Bar, CA. Present: Council Members Chang, O'Connor, Zirbes, MPT/Huff and M/Herrera Also present were: Linda Lowry, City Manager; Mike Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Doyle; Deputy City Manager; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Lynda Burgess, City Clerk; April Blakey, Public Information Manager; Sharon Gomez, Administrative Analyst; Fred Alamolholda, Senior Engineer; Kim Crews, Senior Management Analyst; Linda Smith, Development Services Assistant and Susan Full, Accountant II. Fiscal Year 2003-04 Budget Public Comments Following discussion regarding three separate budget scenarios for FY 2003-04, it was agreed that the discussion would be continued to Tuesday, May 13, 2003 at 4:30 p.m. in Room CC -8, SCAQMD/Government Center, 21825 E. Copley Dr. CLOSED SESSION: 6:00 p.m. CC -8 - Government Code Sec. 54957.6: Conference with Labor Negotiators City designated representative: Finance Subcommittee (MPT/Huff and M/Herrera) Unrepresented employee: City Attorney - Public Comments CALL TO ORDER: M/Herrera called the Regular City Council Meeting to order at 6:39 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21825 E. Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Mayor Herrera. INVOCATION: Monsignor James Loughnane, St. Denis Catholic Church MAY 6, 2003 PAGE 2 CITY COUNCIL ROLL CALL: Council Members Chang, O'Connor, Zirbes, Mayor Pro Tern Huff, and Mayor Herrera Also present were: Linda Lowry, City Manager; Mike Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Doyle; Deputy City Manager; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director and Lynda Burgess, City Clerk. APPROVAL OF AGENDA: CM/Lowry asked that Item 6.13.4, Approval of Letter of Support for SB 537 (Romero) - (Solid Waste Management) be continued to either the Special Meeting of May 13 or to the Regular City Council Meeting of May 20, 2003. Further, she requested that Item 7.1, Public Hearing regarding (Extended Stay America, be removed from the Agenda at the request of the Applicants who indicated they no longer wished to pursue the project. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presented City Tile to Heman Tanna, Vice President of Marketing and his daughter, Khyati Tanna, Marketing and Floor Operations Manager for Shear Artistry, as Business of the Month, May 2003 and displayd Business of the Month video. 11.2 Presented Certificate Plaque to David Lindzey, Principal, Diamond Ranch High School, awarded "California Distinguished School." 1.3 Presented Certificate Recognizing the AYSO "2003 Cottontail Country Classic" Tournament Committee for the tournament held in April. 1.4 Proclaimed May 2003 as "Water Awareness Month." 1.5 Proclaimed May 2003 as "Fire Service Month." Fire Capt. Nieto gave a overview of the fire department's functions and demonstrated different protective gear that firefighters use. 1.6 Presentation given by Raja Mitwasi, CalTrans representative, regarding the SR 57/60 High Occupancy Vehicle (HOV) Freeway reconstruction project (lane construction). C/O'Connor exclaimed that CalTrans indicated it would work closely with the contractor, but how about working closely with the City of D.B. She was outraged that main arteries connecting the City to the freeway system would be closed for several months and the adverse impact it would have on residents, businesses and City streets. She would have hoped that CalTrans would work closely with the City's staff to mitigate this situation. Mr. Mitwasi said that what he reported was not new to the City. CalTrans has been working with City staff since the day CalTrans started processing its MAY 6, 2003 PAGE 3 CITY COUNCIL environmental document for this project more than five years ago. He assured C/O'Connor that CalTrans would continue to work closely with City officials. C/O'Connor asked if CalTrans could keep one lane open to ensure access, or close the ramp during off-peak evening hours. Using the map, Victor Veltodino, project director, explained that the Brea Canyon on-ramp would have to be closed in order to complete a total realignment in order to accommodate the new Grand Ave. collector road. The westbound Brea Canyon off-ramp will be lowered six feet to accommodate the road going over the off-ramp. One of the contract requirements is that the contractor has to open the Grand Ave. on-ramp before he closes the Brea Canyon westbound on-ramp. One of those ramps will always be open. The Grand Ave. on-ramp will be closed from August to December. The westbound Brea Canyon ramp will be closed after the Grand Ave. on-ramp is opened. C/Chang suggested that the CalTrans representatives provide the City with a complete mitigation plan for the Council to study before their next presentation. The public continues to inquire about the project and the Council has no answers. Mr. Veltodino explained that the CalTrans traffic mitigation plan takes into account the current traffic conditions in and around D.B. It is very difficult to rebuild these ramps and maintain traffic flow in the immediate area. CalTrans will continue to work with the City to reduce the closure time. Mr. Mitwasi cautioned the Council that any contract changes would cause possible delays and increased expenditure of taxpayer dollars. Their job is to present the contractor's schedule and to work with the City's professional engineers to reduce the impact and period of time the ramps would be closed to traffic. CalTrans is equally concerned about presenting a minimal impact to the residents and business of the City. MPT/Huff said the City has been looking forward to this improvement for many years. Council knows that CalTrans has been talking to staff over a period of years and yet does not know how this project directly impacts the City during the construction phase. Will CalTrans have a Web site that indicates the closures and detours? Mr. Mitwasi explained that Public Information is formulating a Web Page for SR 57/60. This project will vastly improve the congestion currently experienced in this City. It is a parking lot between the SR57 and 60 and even east. This project will ensure a safer and smoother transition. MPT/Huff said that it is imperative that CalTrans and the City keep the public informed about this project. MAY 6, 2003 PAGE 4 CITY COUNCIL M/Herrera asked if the mitigation has been developed for this project. Mr. Mitwasi responded that mitigation has been identified. As the project moves forward, CalTrans will work closely with staff to mitigate the impacts. C/Zirbes asked CalTrans representatives to keep staff members apprised of impending stages of construction so that staff could keep the community alerted to each succeeding step in the process. He had not anticipated an eleven-month ramp closure. He asked if the ending date of the project was fluid. Mr. Mitwasi explained that CalTrans has to meet the end of 2006 date set by CTC (California Transportation Commission). He assured the Council that CalTrans would work very closely with PWD/Liu and the rest of City staff to minimize the impact to businesses and motorists. CalTrans is committed to sharing this information. Mr. Mitwasi responded to C/O'Connor that it is part of the plan to provide notification to Metrolink riders. 1.7 Presentation by the City's Public Information Division re: New City Web site. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/Lowry stated that during Closed Session, the City Council gave direction to the negotiator relative to the City Attorney's Professional Services Contract. 3. PUBLIC COMMENTS: Jody Roberto felt there was a great community need for a sports complex. She asked the City to identify potential future sites and feared that if the City waited too long, there would be no land available. It is time to take action and asked what the City needed in order to move forward. D.B. has long suffered from lack of practice fields for sports groups. 4. RESPONSE TO PUBLIC COMMENT: M/Herrera assured Ms. Roberto that Council Members are looking into the possibility of different sites for a possible sports complex. Council is aware of the community's desire for a sports complex. The City's youth is very important to this Council and to the community. 5. SCHEDULE OF FUTURE EVENTS: 5.1 TRAFFIC AND TRANSPORTATION COMMISSION MEETING - May 8, 2003 - 7:00 p.m., Hearing Board Room, SCAQMD/Government Center, 21865 E. Copley Dr. 5.2 LOS ANGELES COUNTY SHERIFF'S DEPARTMENT OPEN HOUSE - Diamond Bar/Walnut Sub-Station - May 10, 2003 - 10:00 a.m. - 3:00 p.m. 21695 E. Valley Blvd, Walnut. MAY 6, 2003 PAGE 5 CITY COUNCIL 5.3 CITY COUNCIL STUDY SESSION - May 13, 2003 - 4:30 p.m., Room CC-9, SCAQMD/Government Center, 21865 E. Copley Dr. 5.4 PLANNING COMMISSION MEETING - May 13, 2003 - 7:00 p.m., Auditorium, SCAQMD/Government Center, 21865 E. Copley Dr. 5.5 DIAMOND BAR COMMUNITY FOUNDATION MEETING - May 15, 2003 - 7:00 p.m., Room CC -8, SCAQMD/Government Center, 21865 E. Copley Dr. 5.6 DIAMOND BAR COMMUNITY FOUNDATION STREET SIGN AUCTION - May 17, 2003 - 1:00 p.m., Sycamore Canyon Park, (lower parking lot) 22930 Golden Springs Dr. 5.7 COMMUNITY COORDINATING COMMITTEE - May 19, 2003 - 7:00 p.m., Room CC -2, SCAQMD/Government Center, 21825 E. Copley Dr. 5.8 CITY COUNCIL MEETING - May 20, 2003 - 6:30 p.m., Auditorium, SCAQMD/Government Center, 21825 E. Copley Dr. 6. CONSENT CALENDAR: Moved by C/Zirbes, seconded by MPT/Huff to approve the Consent Calendar, with the exception of Items No. 6.7 and 6.13.1. Motion carried by the following Roll Call vote with C/O'Connor voting NO on 6.3, P.O. #s 12343 and 12479: AYES: COUNCIL MEMBERS - Chang, O'Connor, Zirbes, MPT/Huff, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.1 APPROVED CITY COUNCIL MINUTES: 6.1.1 Study Session of April 15, 2003 - As submitted. 6.1.2 Regular Meeting of April 15, 2003 - As submitted. 6.2 RECEIVED & FILED PARKS & RECREATION COMMISSION MINUTES - March 27, 2003. 63 APPROVED WARRANT REGISTERS dated April 17, April 24 and May 1, 2003 in the total amount of $962,693.13. (C/O'Connor voted no on P.O. Nos. 12343 and 12479.) 6.4 REVIEWED AND APPROVED TREASURER'S STATEMENT - month of March 2003. MAY 6, 2003 PAGE 6 CITY COUNCIL 6.5 APPROVED BOND EXONERATIONS: 6.5.1 CASH DEPOSIT IN LIEU OF GRADING BOND IN THE AMOUNT OF $1,477 FOR LOT NO. 51 OF TRACT NO. 30289 (2676 STEEPLECHASE LANE, "THE COUNTRY ESTATES"). 6.5.2 GRADING BOND (FAITHFUL PERFORMANCE BOND NO. 103172911693) IN THE AMOUNT OF $1,650 FOR ARCO FACILITY #5914 AT 3302 S. DIAMOND BAR BLVD. 6.6 THIS ITEM REMOVED FROM THE AGENDA 6.8 APPROVED LICENSE AGREEMENT WITH THE CITY OF INDUSTRY FOR GRAND AVE MEDIAN LANDSCAPE IMPROVEMENTS. 6.9 ACCEPTED AND APPROPRIATED INTO THE GENERAL FUND DIAMOND BAR COMMUNITY FOUNDATION DONATION IN THE AMOUNT OF $1,500 TO FUND AN ADDITIONAL COMMUNITY CONCERT ON WEDNESDAY, JUNE 25, 2003 AT SYCAMORE CANYON PARK FROM 6:30 TO 8:00 P.M. 6.10 ADOPTED RESOLUTION NO. 2003-17 APPROVING DESTRUCTION BY THE CITY CLERK OF CITY RECORDS AND DOCUMENTS WHICH ARE NO LONGER REQUIRED AS PROVIDED UNDER GOVERNMENT CODE SECTION 34090. 6.11 ADOPTED RESOLUTION NO. 2003-18 APPROVING FISCAL YEAR 2002- 03 MID -YEAR BUDGET AMENDMENT (MAY REVISION). (Continued from April 15, 2003) 6.12 RECEIVED AND FILED STREET SWEEPING PARKING CITATION EXEMPTION/DISMISSAL POLICY. 6.13 LEGISLATIVE ISSUES: 6.13.2 ADOPTED RESOLUTION 2003-19 OPPOSING AB 496 (CORREA), UNLESS AMENDED TO INCLUDE LOS ANGELES COUNTY REPRESENTATION, LAND ACQUISITION APPROVAL AND PROHIBITION OF THE USE OF EMINENT DOMAIN. 6.13.3 ADOPTED RESOLUTION 2003-20 SUPPORTING AB 1652 (NAKANO), EXPANSION OF THE LOS ANGELES METROPOLITAN TRANSPORTATION AUTHORITY BOARD. 6.13.4 APPROVE LETTER OF SUPPORT FOR SB 537 (ROMERO) - SOLID WASTE MANAGEMENT - Continued to May 13, 2003 or May 20, 2003. MAY 6, 2003 PAGE 7 SPECIAL PRESENTATION: CITY COUNCIL On behalf of the Diamond Bar Community Foundation, Board Member Jody Roberto presented the City with a donation of $1,500 to pay for an additional Concert in the Park to be held June 23, 2003. M/Herrera accepted the donation with gratitude on behalf of the City Council. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.7 AWARDED CONTRACT TO PDG & ASSOCIATES FOR CONSULTING SERVICES TO COMPLETE THE YOUTH MASTER PLAN IN THE AMOUNT OF $82,000 AND AUTHORIZE A CONTINGENCY IN THE AMOUNT OF $5,000 FOR A TOTAL AMOUNT OF $87,000. M/Herrera felt a Youth Master Plan was important. The City values its youth. As a former school board member, she worked closely with the youth in the community and believed it was important for the City to provide wholesome activities. She felt there were other more fiscally responsible ways to accomplish this contract and that the City should not approve the contract at this time. D.B. has several contracts from other communities to use as a basis for a Youth Master Plan. She could not support $87,000 to reinvent the wheel. MPT/Huff said that during last year's budget, the Youth Master Plan was a goal of the Council as witnessed by the $50,000 allocation. At the last meeting the Council found out it would cost even more. He agreed with M/Herrera that there are different ways within the budget to accomplish the same thing. Clearly, the new amount is not within the budget. The Council majority allocated funds, the reason this is before the Council tonight for consideration. In a time when the state is facing a $25-30 billion budget, at a time when the cities do not know what their impacts are, it is a time to move slow to implement new programs. C/Zirbes stated that the youth in D.B. are an asset and spending the money now will enable the City to know what to implement tomorrow. The City has a lot of new programs coming on-line. The City has a new community center coming on-line and he would like the City to be able to use the center to its fullest potential. Therefore, he would like to communicate with the City's youth to find out how they would like to utilize the facility and what types of programs they would like to take advantage of in the City. Relying on volunteers or part time employees is fine, but in a contract City where staff is already overburdened and overworked, asking them to do something of this magnitude is, in his opinion, unfair to them because of a possible budget crunch. MAY 6, 2003 PAGE 8 CITY COUNCIL Moved by C/Zirbes, seconded by C/O'Connor to approve the contract to PDG & Associates for consulting services to complete the Youth Master Plan in the amount of $82,000 and authorize a contingency in the amount of $5,000, for a TOTAL AMOUNT OF $87,000. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, O'Connor, Zirbes, NOES: COUNCIL MEMBERS - MPT/Huff, M/Herrera ABSENT: COUNCIL MEMBERS - None C/Chang said he understood the pressure of the state's budget crunch. Fortunately, D.B. has reserves that allow it to implement programs that are important and valuable to the residents of D.B. The City is not just working on a community center, it is also committed to working on the entire Master Plan. It would not make sense to spend $12 million on a community center and not be able to accommodate the youths' needs. 6.13.1 ADOPT RESOLUTION 2003 -XX OPPOSING AB 1221 (STEINBERG AND CAMPBELL) BALANCED COMMUNITIES ACT. MPT/Huff asked that a policy on handling legislation be adopted by the Council. The City has a legislative subcommittee that should initially consider these types of resolutions before they are submitted to Council unless there is a matter of urgency. Last year, there was a Steinberg bill that would redistribute taxes around Sacramento in a specific and tailored manner. This bill is an expansion on that and probably more palatable to cities and was a step in the right direction for cities such as D.B. This City has very little opportunity for sales tax dollars. It would make sense to have more of the City's budget come from property tax. He was concerned that this bill would give the state legislature a hook into the money - if it is collected, there is no constitutional guarantee that it would come back to the City. If this Council is going to oppose this bill, the legislature should learn what the concerns are by passing a resolution that presents them with the concerns. For that reason, he suggested the Council take no position on this until staff brings back a resolution with that type of language. MPT/Huff moved, C/Zirbes seconded to continue the matter until either May 13, 2003 or May 20, 2003. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, O'Connor, Zirbes, MPT/Huff, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 7. PUBLIC HEARINGS: None MAY 6, 2003 PAGE 9 8. COUNCIL CONSIDERATION: CITY COUNCIL 8.1 ADOPT RESOLUTION NO. 2003-21: AMENDING RESOLUTION NO. 1996- 41C, AMENDING THE PARKING PENALTY SCHEDULE AND LATE PAYMENT FEES. (Continued from April 15, 2003) MPT/Huff moved, C/Chang seconded, to adopt Resolution No. 2003-21. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, O'Connor, MPT/Huff, M/Herrera NOES: COUNCIL MEMBERS - Zirbes ABSENT: COUNCIL MEMBERS - None 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Zirbes attended a variety of meetings, grand openings, and other events during the past three weeks. He wished all Mothers a Happy Mothers' Day. He pointed out that on June 7 the D.B.I.A. would hold its annual "Paint the Town" day. He invited volunteers to participate in the event. (:/O'Connor invited residents to purchase a D.B. Community Foundation tile for display at the new Community/Senior Center. In addition, the Foundation is having a street sign sale. Take advantage of your opportunity to own one of these collector items. The sale will take place on Saturday, May 17 at 1:00 p.m. in Sycamore Canyon Park. All of the proceeds are used by the Foundation for the betterment of D.B. The Foundation recently held a retreat with its grant writer. One of the projects authorized by the Foundation is the Sycamore Canyon Trailhead project. The Foundation is attempting to secure a grant to supplement the City's grant of $118,000 for a total of $240,000 to complete the project. The Foundation committed $25,000 toward securing the grant. She encouraged everyone to support the D.B. Community Foundation. She asked that tonight's meeting be adjourned in memory of the father of City employee Jim DeFriend. She offered condolences to him and his family. C/Chang said that D.B. is a great City with great events that indicate very supportive residents, hard working staff members and a great Chamber of Commerce. For example, the Easter Egg hunt was a great event attended by thousands of kids. Within a couple of minutes 7-8,000 eggs were retrieved. Several residents including Jack and Wanda Tanaka helped make this event possible. He thanked the community for their participation. About 9,000 citizens attended the City's Birthday Parry, another great event enjoyed by all. Almost every booth sold out and some went through several rounds of food. The dedicated staff did a wonderful job putting this event together and making certain everything went off as planned. The Chamber of Commerce had a wonderful Casino Night and helped raise money. Today the Council joined with the seniors to celebrate Mothers' Day. With the award MAY 6, 2003 PAGE 10 CITY COUNCIL bestowed upon Diamond Ranch High School, D.B. now enjoys two very good high schools. In addition, according to a local real estate broker, property values have increased dramatically in the northern part of D.B. MPT/Huff said that he did not vote against the Youth Master Plan tonight. He voted no because he was frustrated since the City was over the budget it had previously established. In addition, he was frustrated that the City did not explore other more cost-effective ways to meet the needs of the City's youth. On April 21, he attended a Four Corners meeting during which SCAG's Growth Visioning Group made its presentation. The group has a bold way of thinking about how communities are planned. Overall, the view is to look at how the state would look if city boundaries were removed. SCAG will be holding workshops in different regions. He encouraged his fellow Council Members to become involved in the process and provide feedback from the outset. On April 23, he extended commendations on behalf of the Council to outgoing Walnut Mayor Tony Cartagena. Tom Sykes is the new Mayor. On April 24, most of the Council attended the Volunteer Recognition dinner. On April 25, he attended a Foothill Transit meeting. On April 26, he attended the Chamber's Casino Night and on April 27, the City Birthday Party. On April 28, he attended the Alameda Corridor East meeting. The Nogales project is moving forward. Temple Ave. is a diversion and most of the agreements are in place for acquisition of CalPoly property. The project is scheduled to lose about $60-70 million that would impact three intersections including Brea Canyon Rd. The COG is looking to reprioritize funds. On April 30, he attended the Habitat for Humanity banquet. Many cities, including Pomona, have active chapters. Many throwaway items are retrieved by Waste Management and donated to Habitat for Humanity. On May 1st , he, C/Chang, Friends of the Library and staff members traveled to view the library in Calabasas. It was a very encouraging trip and the information will be shared with the other Council Members in the near future. On May 5, he attended the COG's President's Council in the morning followed by a Gold Line meeting. The Gold Line Authority turned the keys over to MTA on the project taken over by COG. The project was built on time and on budget. MTA will be testing the system at length before they run it because it will cost money to operate. There is also a desire to take it from the Sierra Madre terminus to Claremont and possibly Montclair. He enjoyed the senior's Mothers' Day luncheon and wished everyone a Happy Mothers Day. M/Herrera said it is apparent that Council Members work diligently on behalf of the community. The best and biggest event was the City's Birthday Party. It was a wonderful event - the weather was wonderful and all day long people commented to her what a wonderfully organized event it was. It was a better event than people had ever seen witnessed by the number of attendees. The variety of entertainment and organization was bigger and better than ever before. This year, there were still a lot of people enjoying the camaraderie and music. She thanked staff, C/O'Connor, C/Zirbes and residents who came together to make the event very special. MAY 6, 2003 PAGE 11 CITY COUNCIL 10. ADJOURNMENT: There being no further business to discuss, M/Herrera adjourned the meeting at 8:37 p.m. to Tuesday, May 13, 2003 at 4:30 p.m. in memory of Joseph DeFriend, father of City staff member Jim DeFriend. LYNDA BURGESS, CITY CLERK ATTEST: CAROL HERRERA, MAYOR Agenda No. 6.2.1 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION MARCH 25, 2003 CALL TO ORDER: Chairman Ruzicka called the meeting to order at 7:00 p.m. in the South Coast Air Quality Management/Government Center Auditorium, 21865 East Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Chairman Ruzicka led the pledge of allegiance. 1. ROLL CALL: Present: Chairman Joe Ruzicka, Vice Chairman Steve Tye, and Commissioners Steve Nelson, Dan Nolan and Jack Tanaka. Also Present: James DeStefano; Deputy City Manager, Ann Lungu, Associate Planner, Linda Smith, Development Services Assistant, and Stella Marquez, Administrative Assistant. 2. REORGANIZATION OF THE PLANNING COMMISSION - Selection of Chairman and Vice -Chairman. Deputy City Manager James DeStefano opened nominations for Chairman of the Planning Commission for the term of one year through March 2004. Commissioner Nelson nominated Commissioner Tye to serve as Chairman of the Planning Commission. Commissioner rr,:an seconded the nomination. There being no other nominations offered, Secretary DeStefano closed the nominations. Commissioner Steve Tye was selected to serve as Chairman of the Planning Commission by majority Roll Call vote as follows: AYES: COMMISSIONERS: Nelson, Nolan, Ruzicka, Tanaka NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: Tye ABSENT: COMMISSIONERS: None Chair[Tye opened nominations for Vice Chairman of the Planning Commission. March 25, 2003 Page 2 PLANNING COMMISSION Commissioner Ruzicka nominated Commissioner Nolan to serve as Vice -Chairman. Commissioner Tanaka seconded the nomination. There were no other nominations offered. Commissioner Dan Nolan was selected to serve as Vice -Chairman of the Planning Commission by Unanimous Roll Call vote as follows: AYES: COMMISSIONERS: Ruzicka, Tanaka, Nelson, Nolan, Chair/Tye NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None Cha.ir/Tye presented a service plaque to outgoing Chairman Ruzicka and thanked him for his leadership and character during his service as Planning Commission Chairman. DCM/DeStefano reported on the plethora of projects considered and approved by the Planning Commission during Chairman Ruzicka's tenure. These projects included Development Code amendments approving three cyber cafes internet gaming, Diamond Bar Honda expansion project, the K-Mart/Diamond Bar Village zone change, Parcel Map for the Best Western Hotel, South Coast Cabinet industrial building/office building, as well as the Global Mission and Extended -Stay America project. Chair/Ruzicka commented that after attending the Planning Institute and discussing staffs with many planning commissioners across the state how much more he appreciates his staff's efforts. 3. MATTERS FR ,'-)M THE AUDiEti. /PU6—.: 'COMMENTS: None Offered. 4. APPROVAL OF AGENDA: As presented. 5. CONSENT CALENDAR: 5.1 Minutes of Regular Meeting of February 25, 2003. C/Ruzicka moved, C/Nelson seconded, to approve the February 25, 2003, minutes as presented. Without objection, the motion was so ordered. 6. PUBLIC HEARING(S): None 7. OLD BUSINESS: None March 25, 2003 Page 3 8. NEW BUSINESS: None PLANNING COMMISSION 9. PLANNING COMMISSION COMMENTS: VC/Nolan said he enjoyed the Planners Seminar in San Diego. As a result, ' he believed that the relationship among Commissioners as well as, the professionalism of the Diamond Bar staff is outstanding. He thanked staff for their support to the Commission and congratulated outgoing Chairman Ruzicka on his service to the Commission. C/Nelson looked forward to working with the Planning Commission and new leadership in the coming year. C/Tanaka thanked staff and his fellow Commissioners for their support. He too acknowledged the outstanding cooperation amongst staff and Commissioners which apparently is not found in other cities throughout the state. He thanked outgoing Chairman Ruzicka for his service during the past year. Chair/Tye agreed with comments from his fellow Commissioners. He also met with other city commissioners who were involved in contentious commissions and cities. It is a pleasure for him to serve with his fellow commissioners. C/Ruzicka has served on the Planning Commission for eight years and this is the best Commission. He felt like a sparrow amongst eagles. The current Commissioners are hardworking and knowledgeable and he is very proud to serve with them. He thanked staff for their service to him and asked that they please thank Council for sponsoring their attendance at the San Diego conference. The conference was difficult and hard work. There were some very tough sessions at the conference and it became appare.-di to hint a vivid way as to how much contention there is on commissions around the state and between commissions and staff. It was a real eye-opener and he was very pleased to be able to attend. He hopes the Council continues to help the Commissioners by sponsoring them to attend these conferences. He was very pleased to have four out of five Commissioners attend and wished it could have been all five in attendance so that the Commissioners have the common experience in facing future projects. 10. INFORMATIONAL ITEMS: DCM/DeStefano agreed that the conference was outstanding. Staff collected information from several seminars and is putting together a binder that can be shared by the Commissioners and Council Members. He pointed out that the League has additional session information on its web site. Chair/Tye encouraged participation in Sunday's Friends of the Library Wine Soiree. March 25, 2003 Page 4 PLANNING COMMISSION it SCHEDULE OF FUTURE EVENTS: As presented in the agenda. ADJOURNMENT: There being no further business to come before the Planning Commission, Chairman Tye adjourned the meeting at 7:15 p.m. Attts t Chairman Steve Tye James DeStefa*o Deputy City Mahager Agenda No. 6.2.2 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION APRIL 22.2003 CALL TO ORDER: Vice Chairman Nolan called the meeting to order at 7:01 p.m. in the South Coast Air Quaht\ Man agementlGovernment Center Auditorium, 21865 East Copley Drive, Diamond Bar. Calitornia 91765. PLEDGE OF ALLEGIANCE: Commissioner Tanaka led the pledge of allegiance. 1. ROLL CALL: Present: Vice -Chairman Dan Nolan, and Commissioners Steve Nelson. Joe Ruzicka and Jack Tanaka. Chairman Steve Tye was excused. Also Present: James DeStefano. Deputy City Manager, Ann Lungu, Associate Planner, Linda Smith, Development Services Assistant, and Stella Marquez. Administrative Assistant. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 3. APPROVAL OF AGENDA: As presented. .4. CQ\SENT CALENDAR: 4.1 Minutes of Regular Meeting of March 25, 2003. C/Ruzicka moved. C/Tanaka seconded, to approve the March 25, 2003, minutes as rresented. Without objection. the motion was so ordered with Chair/Tye being absent. OLD BUSINESS: None. 6. NEW BUSINESS: None. APRIL 22., 2003 Page 2 7. PUBLIC HEARING(S): PLANNING COMMISSION 7.1 Development Review 2002-34 (pursuant to Code Section 22.48.020) is a request to construct a 31,050 square foot single -story building to be utilized for medical services-clinic/labs on a vacant lot in the Gateway Corporate Center. PROJECT ADDRESS: 1336 Bridge Gate Drive (Lot 18, Tract 39679) Diamond Bar, CA 91765 PROPERTY OWNER: Kaiser Foundation Health Plan, Inc. 393 W. Walnut Street Pasadena, CA 91188 APPLICANT: Nancy Burke 393 W. Walnut Street Pasadena, CA 91188 DCMIDeStefano reported that staff was prepared to move forward with its presentation this evening in response to the advertised public hearing. However, the project was rejected by the Gateway Corporate Center Architectural Review Commission. Asa result, the applicant requested that the public hearing be delayed for t w o months. Staff proposes that the public hearing be continued to May 27, 2003, to review the status of the project. \'C'Nolan opened the public hearing. Them -- as no one present who wished to speak on this matter. C/Ruzicka moved. CINelson seconded, to continue the public hearing for De\ clopment Review 2002-34 to May 27, 2003. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Ruzicka, Nelson, Tanaka, VC/Nolan NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Chair/Tye S. PLANNING COMMISSION COMMENTS: C/Tanaka stated that the City and Diamond Bar Breakfast Lions Club recently completed their very successful 20' h annual Easter Egg Hunt and Pancake Breakfast. APRIL 22. 2003 Page 3 PLANNING COMMISSION VC/Nolan reminded Commissioners and audience members that the Diamond Bar Birthday Celebration would take place this Sunday at Pantera Park beginning at 12:00 noon. 9. INFORMATIONAL ITEMS: DCM/DeStefano reported that the Extended -Stay America Hotel project was sent to Council for a public hearing on April 1 and was continued to April 15 at the request of the applicant. On the morning of April 15, the applicant requested an additional extension of time to the City Council's meeting of May 6. As of yesterday. Al Anz, project director, reported to him that the project is definitely a go. In general. comments from Council were similar to the Planning Commission questions and concerns. 10. SCHEDULE OF FUTURE EVENTS: As presented in the agenda. ADJOURNMENT: There heine no further business to come before the Planning Commission, Vice Chairman Nolan adjourned the meeting at 7:11 p.m. Respectfully Submitted, ( r' 1 ,III James DeStefano Deputy City Manager CITY OF DIAMOND BAR Agenda No. 6.3 MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION MARCH 13, 2003 CALL TO ORDER: Chairman Virginkar called the meeting to order at 7:10 p.m. in the South Coast Air Quality Management/Government Center Hearing Board Room, 21865 E. Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Kashyap led the Pledge of Allegiance. ROLL CALL: Present: Chairman Virginkar, Vice Chairman Morris, and Commissioners Kashyap, Pincher and Torng. Also Present: David Liu, Public Works Director, Fred Alamolhoda, Senior Engineer; Sharon Gomez, Management Analyst; John Ilasin, Assistant Engineer, Debbie Gonzales, Administrative Assistant and Deputy Diane Dodd. 1. REORGANIZATION OF THE TRAFFIC AND TRANSPORTATION COMMISSION ChairNirginkar nominated VC/Morris to serve as Chairman for the ensuing term. C/Pincher seconded the nomination. There were no other nominations offered. Upon Roll Call vote, VC/Morris was unanimously elected to serve as Chairman of the Traffic and Transportation Commission Chair/Morris thanked Chair/Virginkar for his thoughtful leadership and service to the Commission. C/Torng nominated C/Pincher to serve as Vice -Chairman of the Traffic and Transportation Commission. C/Kashyap seconded the nomination. There were no other nominations offered. Upon Roll Call vote, C/Pincher was unanimously elected to serve as Vice -Chairman of the Traffic and Transportation Commission. II. APPROVAL OF MINUTES: A. Minutes of January 9, 2003. PWD/Liu explained that the January 9 minutes were revised from verbatim to action minutes. VC/Pincher moved, CNirginkar seconded, to approve the revised January 9, 2003 minutes as presented. Without objection, the motion was so ordered. MARCH 13, 2003 PAGE 2 B. Minutes of February 13, 2003. T&T COMMISSION CNirginkar moved, C/Torng seconded, to approve the minutes of February 13, 2003 as presented. Without objection, the motion was so ordered. III. COMMISSION COMMENTS: VC/Pincher thanked ChairNirginkar for his leadership and polite decorum during his tenure as Vice Chairman. She learned a great deal from him during the past year. C/Kashyap thanked CNirginkar for his leadership as Chairman of the Traffic and Transportation Commission. C/Virginkar stated that earlier this week he rode to the airport in a yellow cab. As it happens, the cab driver was a former dispatcher for the City's Dial -a -ride program for six years. The driver said that the D.B. program is one of the best in which he has participated and very much appreciated by the participants. IV. PUBLIC COMMENTS: Yancy Yap, 449 N. Prospectors Road, complained about the speeding vehicles on his street. In addition, it presents a safety hazard to young people crossing the street in order to get to school. Placement of the radar trailer helped but once it leaves the area drivers speed up and down the street. He asked the Commission to consider placing speed humps on his street. Chair/Morris explained to Mr. Yap that there is currently a moratorium on speed humps. The City Council will reconsider the issue in the near future. He further explained that the radar trailer is scheduled to be back in his area two weeks from today. Deputy Dodd has noted the concern and will speak with her colleagues regarding this matter. He thanked Mr. Yap for voicing his concerns and asked him to pass along any vehicle license numbers of offenders to Deputy Dodd. PWD/Liu reported that the stretch of Prospectors Road referred to by the speaker has been identified in the current CIP program. The City is looking to resurface the roadway and incorporate traffic calming devices. Staff has been holding a series of neighborhood meetings to discuss these mitigation efforts and PWD/Liu encouraged Mr. Yap to attend and invite his neighbors to attend as well. Deputy Dodd said that when she was conducting a speed survey on Prospectors Road she noticed that vehicles were traveling faster than they should be traveling. As a result, she requested that Deputy Castro monitor the area in his free time. As of yesterday, Deputy Castro had written 11 speeding citations. She believed the area was used as a cut -through from the freeway to Golden Springs Drive. V. CONSENT CALENDAR: None MARCH 13, 2003 PAGE 3 VI. ITEMS FROM STAFF T&T COMMISSION A. Traffic Enforcement Update - Report by Deputy Dodd - Received and filed on the following items: 1. Citations: February 2003 Deputy Dodd reported that the majority of the high number (1557) of citations were a result of enforcement of street sweeping. 2. Collisions: February 2003 Deputy Dodd reported that collisions were up as a result of significant rainfall and wet conditions. 3. Radar Trailer Development 4. Results of Traffic Operations 5. Future Deployment of the Radar Trailer CNirginkar thanked the Sheriff's Department for their good work on behalf of the City. PWD/Liu explained that the increase in citations during the month of January was due in part to the fact that during January street sweeping was increased from bi-weekly to weekly. VII. OLD BUSINESS: None VIII. NEW BUSINESS: A. Traffic Concerns on Armitos Place. Chair/Morris explained that this item came to the Commission as a result of a concern from a resident living on Fern Place who is not present this evening. MA/Gomez presented staff's report. Staff recommends that the Traffic and Transportation Commission concur with staff to deny installation of multi - way stop signs at the intersection of Armitos Place and Fern Place. C/Virginkar noted that there is a visibility obstruction at the intersection. According to the traffic study the majority of cars travel at speed in excess of 35 mph. He felt that although the vehicle volume might not warrant stop signs, the overall safety in the area should be considered and that MARCH 13, 2003 PAGE 4 T&T COMMISSION installation of the flashing beacon and multi -way stop signs would divide the entire stretch into three parts and help slow the traffic. VC/Pincher said she drove the area and found it difficult to access Armitos Place from Fern Place because it was difficult to see the oncoming downhill traffic and that it was very close to Golden Springs Drive and the fire station. She suggested "watch for cross traffic or watch downhill speed" because it felt unsafe to pull out onto Armitos Place from Fern Place. Chair/Morris noted that between Fern Place and Carpio there are no homes fronting Armitos. He agreed that there is a slight obstruction and recommended that the homeowners on the uphill side of Fern Place be asked to trim back the shrubbery or replace it with ground cover to increase visibility. He further recommended that the Commission wait to see how successful the beacon is at deterring traffic. He believed that installation of any traffic mitigation at that corner could adversely impact the fire station. C/Kashyap concurred with C/Virginkar that there should be some mitigating action taken at the site. He did not know if multi -way stop signs would provide the answer. CNirginkar agreed that the Commission should postpone this matter to see if the flashing beacon mitigates the concern. CNirginkar moved, VC/Pincher seconded, to concur with staff's recommendation to deny installation of multi -way stop signs at the intersection of Armitos Place and Fern Place. Further, staff is directed to look into placement of warning signs and monitor the area for six months following installation of the flashing beacon and report back to the Commission on its degree of success or failure. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Kashyap, Pincher, Torng, VC/Morris, ChairNirginkar NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None IX. STATUS OF PREVIOUS ACTION ITEMS: PWD/Liu reported that at it's March 4 meeting the City Council approved the Commission's recommendation to install multi -way stop signs on Lemon Avenue and Willow Bud Drive. Staff ordered the signs and the installation should take place within a month. On March 18 the City Council will consider the following three items from Public Works: 1) The proposed traffic signal modification on Grand Avenue at Shotgun at "The Country Estates" ingress/egress and the new Community/Senior Center main entrance; 2) approval of design and construction for Area 5 slurry seal program and 3) additional signage for the City's street sweeping program. MARCH 13, 2003 PAGE 5 T&T COMMISSION X. ITEMS FROM COMMISSIONERS: Chair/Morris congratulated staff for being ahead of schedule on residential street name sign replacement. XI. INFORMATIONAL ITEMS: A. Clear Creek Canyon/Diamond Bar Boulevard PWD/Liu reported that in accordance with the Commission's recommendation for staff to consider a new circulation pattern from the Ralph's Center onto Clear Creek Drive, staff intends to discuss the matter with the City's planning consultant and the center's owner about forthcoming plans and possibilities. Chair/Morris felt there was room next to Great Western Bank for a driveway. If that did not happen, the area between Big Lots and Ralph's could allow turns into the center with modification to eliminate traffic across Diamond Bar Boulevard. B. School Safety Study MA/Gomez reported that at the end of January and February staff met with Diamond Bar High School and school district members to discuss the traffic circulation and devised a plan to mitigate current traffic problems. This week staff approved an agreement with the traffic engineer to conduct traffic studies based on the proposed plan and bring back his recommendation for mitigation of traffic circulation for approval by all parties. The engineer will also look at two traffic signal modifications, one at Evergreen Springs Drive/Pathfinder Road and the other side of Fern Hollow/Brea Canyon Rd/Pathfinder Rd. Council agreed not to approve the traffic signals until the overall traffic circulation plan was developed. C/Torng felt the traffic signal installation should proceed as quickly as possible for safety reasons. C/Torng conveyed a resident's concern that when the City conducts its study it should consider placing "No U-turn" signs on both Fern Hollow Drive and Evergreen Springs Drive. C. Request for Parking on Brea Canyon Road by Good Time Donut Shop MA/Gomez reported that at the Commission's request, staff spoke with the donut shop owner and their spokesperson. As a result, staff ordered special signage for placement on Brea Canyon Road that allows one-hour parking between 6:00 a.m. and 2:00 p.m. for about 60 feet of curb. The signage includes "No Parking between 2:00 p.m. and 6:00 a.m." The donut shop owners are happy with the solution and the signs should be installed within the next two weeks. MARCH 13, 2003 PAGE 6 D. Neighborhood Traffic Management Program T&T COMMISSION PWD/Liu stated that prior to tonight's meeting staff distributed six sets of proposals along with the original RFP's to VC/Pincher and C/Kashyap for their review and recommendation. Staff proposes to interview three or four consultants. State law requires the City to select consultants based upon qualifications. Fee is a consideration but not the criteria. SE/ Alamolhoda asked VC/Pincher and C/Kashyap to have their evaluations to staff no later than March 31 so that staff could schedule interviews for the week of April 7. Staff proposes to forward its recommendation to Council on Tuesday, April 15. He asked to meet with VC/Pincher and C/Kashyap on April 2 at 4:00 p.m. E. Citywide Traffic Signal Timing Plan SE/Alamolhoda stated that the citywide traffic signal timing plan is ahead of schedule. He and PWD/Liu met with CalTrans recently and learned that the SR 57/60 HOV direct connector project was slated to begin shortly. Since the project affects traffic flow in Diamond Bar, staff and the traffic engineer asked CalTrans to modify the timing. As a result, commencement of the project has been pushed forward to May. CalTrans and the City's consultant will continue to work out the details. C/Kashyap recommended that traffic enforcement officers be kept apprised of project details and determine what fines should be imposed for individuals who break the law within the construction zone. Chair/Morris asked staff to reconsider how informational items are imparted to the Commissioners since they appear to consume the majority of the agenda. Perhaps they should be presented in written form as well as verbally. F'WD/Liu asked for the Commissioner's support in seeking federal grant money for the Grand Avenue Beautification Project. If the Commission concurs, the Chair would be asked to sign a letter of support at the end of tonight's meeting. PWD/Liu explained that the purpose of the informational items is to update the Commission. In response to Chair/Morris's request, staff will attempt to provide more detailed information on pertinent items in the future. XII. SCHEDULE OF FUTURE CITY EVENTS - as agendized. MARCH '13,2003 PAGE 7 T&T COMMISSION ADJOURNMENT: There being no further business to come before the Traffic and Transportation Commission, Chairman Morris adjourned the meeting at 8:57 p.m. Respectfully, Is/ David G. Liu David G. Liu, Secretary Attest: Lsl Roland Morris Chairman Roland Morris Agenda # 6.5 Meeting Date: May 20, 2003 TO: VIA: Honorable Mayor and Members of the City Council Linda C. Lowry, City Manager TITLE: Approve request by Jenkins & Hogin, LLP to increase the hourly rates for City Attorney services RECOMMENDATION: The City Council Finance Subcommittee recommends the City Council approve a request by Jenkins & Hogin, LLP to increase the hourly rate for general legal services from $135 to $150 per hour, increase the hourly rate for litigation services from $175 to $195 per hour FISCAL IMPACT: There are sufficient funds in the current budget for the proposed rate adjustment. The future budgetary implication is unknown as the need for City Attorney and litigation services varies depending upon the specific needs of the City. However the City has consistently budgeted an appropriation sufficient to cover this increase. Therefore, it is anticipated that the proposed rate adjustment would not increase the City's budget in future years. BACKGROUND: City Attorney Mike Jenkins has provided service to the City since 1995. At that time he was with the law firm of Richards, Watson & Gershon. In March 2001, Mr. Jenkins left Richards, Watson & Gershon for Jenkins & Hogin, LLP. At that time the City approved a contract with Jenkins & Hogin, LLP to retain the services of Mike Jenkins as City Attorney. DISCUSSION: Since 1995 the hourly rate for attorney services has remained at $135 per hour and $175 per hour for litigation services. The City Attorney is requesting an increase in the hourly rate for general legal services to $150 per hour and $195 per hour for litigation services. The current contract between the City and Jenkins & Hogin, LLP provides that the hourly rate may be adjusted without amendment to the agreement. The City Council Finance Subcommittee met and reviewed the request by the City Attorney. The Subcommittee recommends the City Council approve the increase to the hourly rates. in addition, City staff concurs with the recommendation of the City Council Finance Subcommittee. Mr. Jenkins provides the City with excellent legal services. He is a recognized expert in municipal law and is very responsive to the needs of the City. Attorney services are considered professional services and, as such, are exempt from any formal bid requirements. Although the City did not solicit bids from other attorney firms, it should be noted that the proposed hourly rates are significantly lower than the hourly rates charged by other attorneys engaged by the City. This issue was also discussed with the City Council in closed session on May 6, 2003. Prepared by: Deputy City Manager Agenda # 6.5 Meeting Date: May 20, 2003 TO: VIA: Honorable Mayor and Members of the City Council Linda C. Lowry, City Manager TITLE: Approve request by Jenkins & Hogin, LLP to increase the hourly rates for City Attorney services RECOMMENDATION: The City Council Finance Subcommittee recommends the City Council approve a request by Jenkins & Hogin, LLP to increase the hourly rate for general legal services from $135 to $150 per hour, increase the hourly rate for litigation services from $175 to $195 per hour and include a cost -of -living increase annually thereafter. FISCAL IMPACT: There are sufficient funds in the current budget for the proposed rate adjustment. The future budgetary implication is unknown as the need for City Attorney and litigation services varies depending upon the specific needs of the City. However the City has consistently budgeted an appropriation sufficient to cover this increase. Therefore, it is anticipated that the proposed rate adjustment would not increase the City's budget in future years. BACKGROUND: City Attorney Mike Jenkins has provided service to the City since 1995. At that time he was with the law firm of Richards, Watson & Gershon. In March 2001, Mr. Jenkins left Richards, Watson & Gershon for Jenkins & Hogin, LLP. At that time the City approved a contract with Jenkins & Hogin, LLP to retain the services of Mike Jenkins as City Attorney. DISCUSSION: Since 1995 the hourly rate for attorney services has remained at $135 per hour and $175 per hour for litigation services. The City Attorney is requesting an increase in the hourly rate for general legal services to $150 per hour and $195 per hour for litigation services. The current contract between the City and Jenkins & Hogin, LLP provides that the hourly rate may be adjusted without amendment to the agreement. The City Council Finance Subcommittee met and reviewed the request by the City Attorney. The Subcommittee recommends the City Council approve the increase to the hourly rates. In addition, the Subcommittee recommends an annual cost -of -living increase to the hourly rates which will be tied to the annual cost -of -living increase afforded to City employees. City staff concurs with the recommendation of the City Council Finance Subcommittee. Mr. Jenkins provides the City with excellent legal services. He is a recognized expert in municipal law and is very responsive to the needs of the City. Attorney services are considered professional services and, as such, are exempt from any formal bid requirements. Although the City did not solicit bids from other attorney firms, it should be noted that the proposed hourly rates are significantly lower than the hourly rates charged by other attorneys engaged by the City. This issue was also discussed with the City Council in closed session on May 6, 2003. Prepared by: Agenda # 6. 6.1 Meeting Date: May 20, 2003 TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manag ra. `V TITLE: ADOPT RESOLUTION NO. 2003 -XX, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO DECLARE THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 38 AND DIRECT THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING BEFORE THE COUNCIL AT THE JUNE 17, 2003 REGULAR MEETING. RECOMMENDATION: That the City Council approve the Engineer's Report, adopt the attached Resolution No. 2003 -XX, To Declare The City's Intention To Levy And Collect Assessments For Landscape District No. 38 And Direct The City Clerk To Advertise The Public Hearing Before The Council At The June 17, 2003 Regular Meeting. FINANCIAL SUMMARY: There will be no impact on the City's General Funds. As shown on the attached Engineer's Report, the $265,440 of assessment generated by this District is proposed to pay for the operation, maintenance cost, and Capital Improvements budgeted in special fund No. 138. BACKGROUND/DISCUSSION: The attached Engineer's Report for the City's Landscaping Assessment District Number 38, which is prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California, includes authority for the report, estimated costs of improvements, a diagram for the District and the assessments. The estimated number of parcels within the District is 17,696 parcels. The amount assessed upon the lands within District Number 38 for Fiscal Year 2002-2003 was $15.00 per parcel. The amount to be assessed for Fiscal Year 2003-2004 is to remain at $15.00 per parcel. The assessments will be utilized towards the general maintenance of City's medians and parkways. The proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in section 5 (a): Any assessment imposed exclusively to finance the capital costs or maintenance and operation expenses for sidewalks, streets, sewers, water, flood control drainage systems or vector control. Prepared By: David G. Liu/Sharon Gomez REVIEWED BY: David G3. iii -u Director of Public Works Attachments: Resolution No. 2003 -XX Engineer's Report 2 RESOLUTION NO. 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 38; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 2003-04; AND FIXING A TIME AND PLACE FOR A HEARING OF OBJECTIONS THEREON. A. RECITALS. (i) Heretofore the City of Diamond Bar Assessment District No. 38 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500, et. seq.). (ii) The City Engineer has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment district pursuant to the provisions of the California Streets and Highways Code § 22623. (iii) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1. The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. The above-described report submitted by the City Engineer relating to City of Diamond Bar Assessment District No. 38 is hereby approved as filed. 3. This Council hereby declares its intention to levy and collect assessments during fiscal year 2003-04 pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, known as the "Landscaping and Lighting Act of 1972," within that area designated "City of Diamond Bar Assessment District No. 38," as shown on Exhibit "A-1 " attached hereto and incorporated herein by reference. 1 4. A general description of the improvements proposed for the aforementioned district is as follows: The installation, maintenance and servicing of landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including but not limited to, repair, removal or replacement, grading, clearing, removal of debris, pruning, fertilization, pest control and weed control, and the installation or construction of appurtenant facilities, including curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage, or electrical facilities. Said installation, maintenance and servicing of the landscaping and installation, maintenance and servicing of related work shall be within the area of Assessment District No. 38 as shown on Exhibit "A-1." The location and type of improvement is shown on Exhibit "B-1," as attached hereto and incorporated herein by reference. 5. Reference is hereby made to the report of the City Engineer relating to the said assessment district hereinabove approved. Said report is on file with the City Clerk of the City of Diamond Bar and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Diamond Bar Assessment District No. 38 for fiscal year 2003-04. Said proposed assessment per lot is the amount of $15.00, the same amount which was levied in fiscal year 2002-03. 6. This Council hereby fixes 7:00 p.m. on June 17, 2003 in the South Coast Air Quality Management District Auditorium, 21825 East Copley Drive, Diamond Bar, California, as the time and place for a hearing before this Council on this question of the levy of the proposed assessments on assessable lots with City of Diamond Bar Assessment District No. 38 for fiscal year 2003-04 and hereby gives notice of said hearing. 2 7. The City Council hereby determines and declares that the proposed assessments constitute a continuation of assessments existing on the effective date of Article XIIID of the California Constitution, that the assessments are imposed exclusively to finance the capital costs and maintenance and operation expenses for streets and sidewalks and that the assessments are exempt from the requirements of Article XIIID, Section 4 of the California Constitution. 8. The City Clerk shall: (a) Certify to the adoption of this Resolution; and (b) Cause a true and correct copy of this Resolution to be published pursuant to California Government Code § 6061. PASSED, ADOPTED AND APPROVED this 20th day of May, 2003. Carol Herrera Mayor 3 I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the 20th day of May, 2003, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar 4 3HEET10F13HEET EXHIBIT "A-1" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO.38 FISCAL YEAR 2003-04 for the CITY OF DIAMOND BAR >a ...... oEnn GFB-P— RIBnRICH +--.n w ;—&ASSOG, INCA: SHEET10F1SNEET I LEGEND --- ASSESSMENT DISTRICT BOUNDARY MEDIANS PARKWAYS TURF AREAS AREAS TO BE MAINTAINED -- A. DIAMOND BAR BLVD —t \ — 8. GRAND AVE. ( C. GOLDEN SPRINGS RD. (5— FWY OVERCROSSING TO WEST CITY LIMITS. PARKWAYS: D. GRAND AVE. -SUMMIT RIDGE TO DIAMOND BAR BLVD., NORTH SIDE E. TEMPLE -DIAMOND BAR BLVD, TO GOLDEN SPRINGS AD- SOUTH SIDE TOTAL AREA: TURF 5.4 ACRES GROUND COVER 0.63 ACRES EXHIBIT "B-1" O.ODITIONAL AREAS TD BE MAINTAINED SRI M -S — T, ASSESSMENT DISTRICT NO.38 FISCAL YEAR 2003-04 for the CITY OF DIAMOND BAR —%— - TUPf 4.EA5: "' nuw+o AU a—.o..n oao m—e. ov. !GFB-E•HIGDN71'H-. .r. un sauw—wa — I..& IStiOC., INC. ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 38 Fiscal Year 2003-04 CITY OF DIAMOND BAR Preliminary: May 20, 2003 Prepared by: GFB-FRIEDRICH & ASSOC., INC. 6529 Riverside Avenue, Suite 230 Riverside, CA 92506 TABLE OF CONTENTS Page INTRODUCTION I BOUNDARIES OF DISTRICT 2 IMPROVEMENTS 3 Landscaping 4 FINANCIAL ANALYSIS Revenue Appropriations 6 METHOD OF APPORTIONMENT ASSESSMENT 7 ASSESSMENT ROLL 8 EXHIBITS Exhibit "A-1" - Assessment Diagram Exhibit "B-1" - Improvement Map INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 2003-04 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 38 CITY OF DIAMOND BAR (Hereinafter referred to as "District"). This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]. " As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable under pre -Prop 218 law. Assessment District No. 38 Engineer's Report - FY 2003-2004 BOUNDARIES OF DISTRICT The boundary of the District is completely within the City limits of the City of Diamond Bar and is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A-1 "). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. Assessment District No. 38 2 Engineer's Report - FY 2003-2004 IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: Landscaping Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: 1. Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. Improvements to be serviced and maintained include, but are not limited to, median island and parkway landscaping on major streets and thoroughfares in the City of Diamond Bar. Exhibit "B-1," attached hereto, shows the location and extent of the landscaping improvements to be maintained by the proceeds from this assessment district. Assessment District No. 38 3 Engineer's Report - FY 2003-2004 FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 38 for the 2003-04 Fiscal Year is as follows: 2003-04 Recommended Budget Revenue: Appropriation Fund Balance (from FY 2002-03) $ 136,855 Property Tax - Special Assessments 265,440 Interest Revenue 15,000 TOTAL $ 417,295 Appropriations: Personnel Services $ 17,500 Salaries City Paid Benefits 225 Retirement 2,040 Worker's Compensation Expense 710 Short/Long Term Disability 15 Medicare Expense 260 Cafeteria Benefits 2,710 Operating Expenses 2,000 Advertising Utilities 112,200 Maintenance-Grounds & Bldg 15,000 Professional Services 20,600 Contract Services 121,200 Capital Outlay 35,000 Capital Improvements Transfer to CIP Fund 0 Reserve for Future Capital Improvements 87,835 TOTAL $ 417,295 * Includes replacement of ten irrigation controllers/cabinet boxes @ $3,500/each. Plans and Specifications Plans and specifications showing the general nature, location and extent of the proposed improvements are on file in the office of the City Clerk and available for public inspection. Assessment District No. 38 4 Engineer's Report - FY 2003-2004 METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: 1. ]Beautification of the streets which are used by all of the residents in Diamond Bar. 2. A sense of community pride resulting from well-maintained green spaces. 3. The enhancement of the value of property which results from the foregoing benefits. Existing, land use information indicates that well over 90 percent of the parcels within the City of Diamond Bar are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment. Assessment District No. 38 5 Engineer's Report - FY 2003-2004 ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: $265,440 Estimated Number of Parcels: 17,696 Estimated Assessment Per Parcel: $ 15.00 2002-03 Assessment Per Parcel: $ 15.00 2003-04 Assessment Per Parcel: $ 15.00 Difference: $ 0.00 Assessment District No. 38 6 Engineer's Report - FY 2003-2004 ASSESSMENT ROLL The individual 2003-04 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "C" and are made a part of this report by reference. (The Assessment Roll is not included in this report due to its volume.) GFB-FRIEDRICH & ASSOC., INC. Assessment District No. 38 7 Engineer's Report - FY 2003-2004 EXHIBITS SHEET10F13HEET LEGEND —ti— ASSESSMENT DISTRICT BOUNDARY ----o•— MEDIANS '+—i PARKWAYS awu TURF AREAS AREAS TO BE MAINTAINED MEDIANS: A. DIAMOND BAR BIVO. B. GRAND AVE C. GOLDEN SPPoNGS RD. (57 FWY OVERCROSSING 70 WEST CITY LIMITS. PARKWAYS: D. GRAD AVE. -SUMMIT RIDGE TO DIAMOND BAR BLVD„ NORTH SIDE E. TEMPLE -DIAMOND BAR BLVD. TO GOLDEN SPRINGS RD- SOUTH SIDE TOTAL AREA: TURF 5.4 ACRES GROUND COVER O.S3 ACRES --\N ADDITIONAL AREAS TO BE MAINTAINED MEDIANS: TUpF RgEA6: EXHIBIT "B-1" ASSESSMENT DISTRICT N0.38 FISCAL YEAR 2003-04 for the CITY OF DIAMOND BAR —GFB-FRIEDNICfI— Agenda # 6.6.2 Meeting Date: May 20, 2003 TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manag€- 7V TITLE: ADOPT RESOLUTION NO. 2003 -XX, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO DECLARE THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 39 AND DIRECT THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING BEFORE THE COUNCIL AT THE JUNE 17, 2003 REGULAR MEETING RECOMMENDATION: That the City Council approve the Engineer's Report, adopt the attached Resolution No. 2003 -XX, To Declare The City's Intention To Levy And Collect Assessments For Landscape District No. 39 And Direct The City Clerk To Advertise The Public Hearing Before The Council At The June 17, 2003 Regular Meeting. FINANCIAL SUMMARY: There will be no impact on the City's General Funds. As shown on the attached Engineer's Report, the $164,450 of assessment generated by this District is proposed to pay for the operation, maintenance costs, and Capital Improvements budgeted in special fund No. 139. BACKGROUND/DISCUSSION: The attached Engineer's Report for the City's Landscaping Assessment District Number 39, which is prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California, includes authority for the report, estimated costs of improvements, a diagram for the District and the assessments. The estimated number of parcels within the District is 1,265 parcels. The amount assessed upon the lands within District Number 39 for Fiscal Year 2002-2003 was $130.00 per parcel. The amount to be assessed for Fiscal Year 2003-2004 is to remain i at $130.00 per parcel. The assessments will be utilized towards the general maintenance of slopes, open space areas and the five (5) mini parks within District 39. The proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in section 5 (b): Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment is initially imposed. Prepared By: David G. Liu/Sharon Gomez Attachments: Resolution No. 2003 -XX Engineer's Report 2 RESOLUTION NO. 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 39; AND DECLARING ITS INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL YEAR 2003-04; AND FIXING A TIME AND PLACE FOR A HEARING OF OBJECTIONS THEREON. A. RECITALS. (i) Heretofore the City of Diamond Bar Assessment District No. 39 was created pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§ 22500, et. seq.). (ii) The City Engineer has prepared, filed with the City Clerk and presented to this Council a report relating to said assessment district pursuant to the provisions of the California Streets and Highways Code § 22623. (iii) No substantial changes in existing improvements are proposed for said Assessment District No. 39. (iv) All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION. NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: 1, The Recitals, as set forth in Part A of this Resolution, are in all respects true and correct. 2. The above-described report submitted by the City Engineer relating to City of Diamond Bar Assessment District No. 39 is hereby approved as filed. 3. This Council hereby declares its intention to levy and collect assessments during fiscal year 2003-04 pursuant to Part 2 of Division 15 of the Streets and Highways Code of the State of California, known as the "Landscaping and Lighting Act of 1972," 1 within that area designated "City of Diamond Bar Assessment District No. 39," as shown on Exhibit "A-2" attached hereto and incorporated herein by reference. 4. A general description of the improvements proposed for the aforementioned district is as follows: The maintenance and servicing of landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including but not limited to, repair, removal or replacement, grading, clearing, removal of debris, pruning, fertilization, pest control and weed control, and the installation or construction of appurtenant facilities, including curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage, or electrical facilities. Said maintenance and servicing of the landscaping and installation, maintenance and servicing of related work shall be within the area of Assessment District No. 39 as shown on Exhibit "A-2." The location and type of improvement is shown on Exhibit "B-2," as attached hereto and incorporated herein by reference." 5. Reference is hereby made to the report of the City Engineer relating to the said assessment district hereinabove approved. Said report is on file with the City Clerk of the City of Diamond Bar and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Diamond Bar Assessment District No. 39 for fiscal year 2003-04. Said proposed assessment per lot is the amount of $130.00, the same amount which was levied in fiscal year 2002-03. 6„ This Council hereby fixes 7:00 p.m. on June 17, 2003 in the South Coast Air Quality Management District Auditorium, 21825 East Copley Drive, Diamond Bar, California, as the time and place for a hearing before this Council on this question of the levy of the proposed assessments on assessable lots with City of Diamond Bar 2 Assessment District No. 39 for fiscal year 2003-04 and hereby gives notice of said hearing. 7. The City Council hereby determines and declares that the proposed assessments constitute a continuation of assessments existing on the effective date of Article XIIID of the California Constitution, that the assessments are imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed and that the assessments are exempt from the requirements of Article XIIID, Section 4 of the California Constitution. 8. The City Clerk shall: (a) Certify to the adoption of this Resolution; and (b) Cause a true and correct copy of this Resolution to be published pursuant to California Government Code § 6061. PASSED, ADOPTED AND APPROVED this 20th day of May, 2003. Carol Herrera Mayor 3 I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the 20th day of May, 2003, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar 4 EXHIBIT "A-2" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO.39 FISCAL YEAR 2003-04 for the CITY OF DIAMOND BAR SCALE:.' = TOO 'CASE MAP COURTESY Cf *NE CT' OF OIAMRO CAR SHEET I OF 1 SHEET THE ASSESSMENT NUMBER FOR EACH LOT OR PARCEL WITHIN THE DISTRICT 15 THE ASSESSOR'S PARCEL NUMBER AS ASSIGNED NY THE COUNTY OF LOS ANGELES ASSESSOR'S OFFICE THE LINES AND DIMENSIONS FOR EACH LOT OR PARCEL OF LANG WITHIN THE DISTRICT ARE SHOWN ON THE ASSESSOR'S PARCEL MAPS ON FILE IN THE OFFICE OF THE LOS ANGELES COUNTY ASSESSOR FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF DIAMOND EAR, COUNTY OF LOS ANGELES. STATE OF CALIFORNIA, THIS DAY OF EO_ CITY CLERK OF THE CITY OF DIAMOND EAR FILED IN THE OFFICE OF THE COUNTY AUDITOR COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, THIS DAY OF 20 ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 39 Fiscal Year 2003-04 CITY OF DIAMOND BAR Preliminary: May 2Q 2003 Prepared by: GFB-FRIEDRICH & ASSOC., INC. 6529 Riverside Avenue, Suite 230 Riverside, CA 92506 TABLE OF CONTENTS Page INTRODUCTION 1 BOUNDARIES OF DISTRICT 2 IMPROVEMENTS 3 Landscaping 4 FINANCIAL ANALYSIS Revenue Appropriations 5 METHOD OF APPORTIONMENT ASSESSMENT 6 ASSESSMENT ROLL 7 EXHIBITS Exhibit "A-2" - Assessment Diagram Exhibit "B-2" - Improvement Map INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 2003-04 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 39 CITY OF DIAMOND BAR (Hereinafter referred to as "District"). This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]. " As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable under pre -Prop 218 law. Assessment District No. 39 Engineer's Report - FY 2003-2004 BOUNDARIES OF DISTRICT The boundary of the District is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A-2"). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. Assessment District No. 39 2 Engineer's Report - FY 2003-2004 IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: Landsca in Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: 1. Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. The purpose of Assessment District No. 39 is for the maintenance and servicing of mini -parks, slopes and open spaces within the District. Exhibit "B-2," attached hereto, shows the location and extent of the landscaping improvements to be maintained by the proceeds from this assessment district. Assessment District No. 39 3 Engineer's Report - FY 2003-2004 FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 39 for the 2003-04 Fiscal Year is as follows: 2003-04 Recommended Budget Revenue: Appropriation Fund Balance (from FY 2002-03) $ 206,855 Property Tax and Assessments 164,450 Interest Revenue 8,000 TOTAL $ 379,305 Appropriations: Personal Services $ 17,475 Salaries City Paid Benefits 225 Retirement 2,040 Worker's Compensation Expense 710 Short/Long Term Disability 15 Medicare Expense 260 Cafeteria Benefits 2,735 Operating Expenses 2,000 Advertising Utilities 61,160 Maintenance -Grounds & Bldg. 15,000 Professional Services 12,800 Contract Services 62,480 Capital Outlays 33,300 Miscellaneous Equipment* Capital Improvements 0 Reserve for Future Capital Improvements 169,105 TOTAL $ 379,305 * Includes replacement of 10 irrigation controllers/controller boxes @ $3,300 each. As funds become available, it is planned to update equipment in each of the district's mini -parks. Assessment District No. 39 4 Engineer's Report - FY 2003-2004 Plans and Specifications Plans and specifications showing the general nature, location and extent of any proposed improvements are on file in the office of the City Clerk and available for public inspection. Assessment District No. 39 5 Engineer's Report - FY 2003-2004 METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: 1. Beautification of the streets which are used by all of the residents in Diamond Bar. 2. Public parks which can be utilized and enjoyed by all residents within the District. 3. A sense of community pride resulting from well-maintained green spaces. 4. The enhancement of the value of property which results from the foregoing benefits. Existing land use information indicates that all of the parcels within the District are residences. Because! the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment. Assessment District No. 39 6 Engineer's Report - FY 2003-2004 ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: $164,450 Estimated Number of Parcels: 1,265 Estimated Assessment Per Parcel: $ 130.00 2002-03 Assessment Per Parcel: $ 130.00 2003-04 Assessment Per Parcel: $ 130.00 Difference: $ 0.00 Assessment District No. 39 7 Engineer's Report - FY 2003-2004 ASSESSMENT ROLL The individual 2003-04 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "C" and are made a part of this report by reference. (The Assessment Roll is not included in this report due to its volume.) Dated: , 2003 GFB-FRIEDRICH & ASSOC., INC. N 4FRIEDIMCH Assessment District No. 39 8 Engineer's Report - FY 2003-2004 EXHIBITS 4 Agenda# h.6_ Meeting Date: May 20, 2003 TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manag4%0 TITLE: ADOPT RESOLUTION NO. 2003 -XX, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO DECLARE THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 41 AND DIRECT THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING BEFORE THE COUNCIL AT THE JUNE 17, 2003 REGULAR MEETING. RECOMMENDATION: That the City Council approve the Engineer's Report, adopt the attached Resolution No. 2003-X.X, To Declare The City's Intention To Levy And Collect Assessments For Landscape District No. 41 And Direct The City Clerk To Advertise The Public Hearing Before The Council At The June 17, 2003 Regular Meeting. FINANCIAL SUMMARY: There will be no impact on the City's General Funds. As shown on the attached Engineer's Report, the $122,157 of assessment generated by this District is proposed to pay for the operation, maintenance costs, and Capital Improvements budgeted in special fund No. 141. BACKGROUND/DISCUSSION: The attached Engineer's Report for the City's Landscaping Assessment District Number 41, which is prepared pursuant to provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California, includes authority for the report, estimated costs of improvements, a diagram for the District and the assessments. The estimated number of parcels within the District is 554 parcels. The amount assessed upon the lands within District Number 41 for Fiscal Year 2002-2003 was $220.50 per parcel. The amount to be assessed for Fiscal Year 2003-2004 is to remain at $220.50 per parcel. The assessments will be utilized towards the general maintenance of mini parks, slopes, and open space areas within District 41. i The proposed assessment has been determined to be exempt from the provisions of Proposition 218 as set forth in section 5 (b): Any assessment imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time th—a assessment is initially imposed. Prepars—d By: David C-'—. Liu/Sharon Gomez REVIE'JVED BY: Director of Public Works Attachments: Resolution No. 2003 -XX Engineer's Report Deputy City Manager 2 RESOLUTION NO. 2003-, ,A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE ENGINEER'S REPORT FILED PURSUANT TO SECTION 22623 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WITH RESPECT TO THE CITY OF DIAMOND BAR ASSESSMENT DISTRICT NO. 41; AND DECLARING ITS INTENTION 'TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN (LANDSCAPING MAINTENANCE WITHIN SAID DISTRICT FOR FISCAL 'YEAR 2003-04; AND FIXING A TIME AND PLACE FOR A HEARING OF OBJECTIONS THEREON. within that area designated "City of Diamond Bar Assessment District No. 41," as shown on Exhibit "A-3" attached hereto and incorporated herein by reference. 4. A general description of the improvements proposed for the aforementioned district is as follows: The maintenance and servicing of landscaping and any facilities which are appurtenant thereto or which are necessary or convenient for the maintenance and servicing thereof, including but not limited to, repair, removal or replacement, grading, clearing, removal of debris, pruning, fertilization, pest control and weed control, and the installation or construction of appurtenant facilities, including curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage, or electrical facilities. Said maintenance and servicing of the landscaping and iinstallation, maintenance and servicing of related work shall be within the area of Assessment District No. 41 as shown on Exhibit "A-3." The location and type of improvement is shown on Exhibit "B-3," as attached hereto and incorporated herein by reference." 5. Reference is hereby made to the report of the City Engineer relating to the said assessment district hereinabove approved. Said report is on file with the City Clerk of the City of Diamond Bar and contains a full and detailed description of the improvements, the boundaries of the assessment district and contains the proposed assessments upon assessable lots and parcels of land within City of Diamond Bar Assessment District No. 41 for fiscal year 2003-04. Said proposed assessment per lot is the amount of $220.50, the same amount which was levied in fiscal year 2002-03. 6. This Council hereby fixes 7:00 p.m. on June 17, 2003 in the South Coast Air Quality Management District Auditorium, 21825 East Copley Drive, Diamond Bar, California, as the time and place for a hearing before this Council on this question of the levy of the proposed assessments on assessable lots with City of Diamond Bar 2 Assessment District No. 41 for fiscal year 2003-04 and hereby gives notice of said hearing. 7. The City Council hereby determines and declares that the proposed assessments constitute a continuation of assessments existing on the effective date of Article XIIID of the California Constitution, that the assessments are imposed pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at the time the assessment was initially imposed and that the assessments are exempt from the requirements of Article XIIID, Section 4 of the California Constitution. 13. The City Clerk shall: (a) Certify to the adoption of this Resolution; and (b) Cause a true and correct copy of this Resolution to be published pursuant to California Government Code § 6061. PASSED, ADOPTED AND APPROVED this 20th day of May, 2003. Carol Herrera Mayor 3 I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at the regular meeting of the City Council of the City of Diamond Bar held on the 20th day of May, 2003, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk City of Diamond Bar 4 EXHIBIT "A-3" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO.41 FISCAL YEAR 2003-04 for the CITY OF DIAMOND BAR wa uuuuu—uui--uun 1 THE ASSESSMENT NUMBER FOR EACH LOT OR PARCEL WITHI THE DISTRICT IS THE ASSESSOR'S PARCEL NUMBER AS ASSIGNED BY THE COUNTY OF LOS ANGELES ASSESSORS OFFICE THE LINES AND DIMENSIONS FOR EACH LOT OR PARCEL OF LAND WITHIN THE DISTRICT ARE SHOWS ON THE ASSESSOR 5 PARCEL MAPS OMFILE IN THE OFFICE OF THE LOS ANGELES COUNTY ASSESSOR 'BASE MAP CDURTEST OF FTC Cm OF ENAMMC BAR 300.w Am -Imo FIL BA DA SHEET 1 OF I SHEET ED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF DIAMOND R. COUNTY OF LOS ANGELES. STATE OF CALIFORNIA THIS Y OF 20_ CITY CLERK OF THE CITY OF DIAMOND BAR FILED IN THE OFFICE OF THE COUNTY AUDITOR. CO- OF LOS ANGELES, STATE OF CALIFORNIA. THIS DAY OF 20 CITY CLERK OF THE CITY OF DIAMOND BAR EXHIBIT "B-3" ASSESSMENT DISTRICT N0.41 FISCAL YEAR 2003 - 04 for the CITY OF DIAMOND BAR SCALE: E • 000' 'RASE IIPP COWTESY OF THE CIT' Of DIRMONO BiR USSR - 7,11 Q, rmruiiii— Vil-i-LI-Lillit(I [it I Itl r."%JII 1 1 1 SHEET10F1SHEET LEGEND --.— ASSESSMENT DISTRICT BOUNDARY ... ........:: BRUSH 7.00 ncBEs SLOPES 1206 nGEs TURF I),i00 BF. ENGINEER'S REPORT Update of ASSESSMENT DISTRICT NO. 41 Fiscal Year 2003-04 CITY OF DIAMOND BAR Preliminary: May 20, 2003 Prepared by: GFB-FRIEDRICH & ASSOC., INC. 6529 Riverside Avenue, Suite 230 Riverside, CA 92506 TABLE OF CONTENTS Page INTRODUCTION 1 BOUNDARIES OF DISTRICT 2 IMPROVEMENTS 3 Landscaping 4 FINANCIAL ANALYSIS Revenue Appropriations 5 METHOD OF APPORTIONMENT ASSESSMENT 6 ASSESSMENT ROLL 7 EXHIBITS Exhibit "A-3" - Assessment Diagram Exhibit "B-3" - Improvement Map INTRODUCTION Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California. This report presents the engineering analysis for the 2003-04 Fiscal Year for the district known as: ASSESSMENT DISTRICT NO. 41 CITY OF DIAMOND BAR (Hereinafter referred to as "District"). This District, by special benefit assessments, provides funding for the maintenance of landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way within the City of Diamond Bar. Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied according to benefit rather than according to assessed value. The section states: "The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the improvements. The determination of whether or not a lot or parcel will benefit from the improvements shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with Section 5000)) [of the Streets and Highways Code, State of California]. " As the assessments are levied on the basis of benefit, they are considered a user's fee, not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution. Properties owned by public agencies, such as a city, county, state or the federal government, are not assessable under pre -Prop 218 law. Assessment District No. 41 Engineer's Report - FY 2003-2004 BOUNDARIES OF DISTRICT The boundary of the District is shown on the Assessment Diagram (on file in the office of the City Clerk at the City Hall of Diamond Bar as Exhibit "A-3 "). All parcels of real property included within the District are described in detail on maps on file in the Los Angeles County Assessor's office. Assessment District No. 41 2 Engineer's Report - FY 2003-2004 IMPROVEMENTS The facilities and items of servicing and maintenance included within the District are as follows: Landscaping Servicing means the furnishing of water for the irrigation of any landscaping, the operation of any fountains, or the maintenance of any other improvements. Maintenance means the furnishing of services and materials for the ordinary and usual maintenance, operation and servicing of any improvement, including: 1. Repair, removal or replacement of all or any part of any landscape improvement. 2. Providing for the life, growth, health and beauty of landscaping, including without limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease or injury. 3. The removal of trimmings, rubbish, debris and other solid waste. The purpose of Assessment District No. 41 is for the maintenance and servicing of mini -parks, slopes and open spaces within the District. Exhibit "B-3," attached hereto, shows the location and extent of the landscaping improvements to be maintained by the proceeds from this assessment district. Assessment District No. 413 Engineer's Report - FY 2003-2004 FINANCIAL ANALYSIS The estimated funding for maintenance and servicing of landscaping for the update of Assessment District No. 41 for the 2003-04 Fiscal Year is as follows: 2003-04 Recommended Budget Revenue: Appropriation Fund Balance (from FY 2002-03) $ 116,609 Property Tax and Assessments 122,157 Interest Revenue 6,000 TOTAL $ 244,766 Appropriations: Personal Services $ 17,475 Salaries City Paid Benefits 225 Retirement 2,040 Worker's Compensation Expense 710 Short/Long Term Disability 15 Medicare Expense 260 Cafeteria Benefits 2,735 Operating Expenses 2,000 Advertising Utilities 72,010 Maintenance -Grounds & Bldg 10,000 Professional Services 16,200 Contract Services 31,000 Contract Services Weed/Pest Abatement 15,000 Capital Outlays 52,500 Miscellaneous Equipment Capital Improvements 0 Reserve for Future Capital Improvements 22,596 TOTAL $ 244,766 * Includes replacement of 15 irrigation controllers/ controller boxes @ $3,500 each. Assessment District No. 414 Engineer's Report - FY 2003-2004 METHOD OF APPORTIONMENT The net amount to be assessed upon lands within the District in accordance with this report is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from the improvements, namely the maintenance and servicing of public landscaping improvements within such District. The maintenance and servicing of public landscaping improvements installed and constructed in public places in the City of Diamond Bar provides a special benefit which is received by each and every lot or parcel within the District, tending to enhance their value. The primary benefits of landscaping are as set forth below: 1. Beautification of the streets which are used by all of the residents in Diamond Bar. 2. Public parks which can be utilized and enjoyed by all residents within the District. 3. A sense of community pride resulting from well-maintained green spaces. 4. The enhancement of the value of property which results from the foregoing benefits. Existing land use information indicates that all of the parcels within the District are residences. Because the special benefits derived apply equally to all residents and parcels, it has been determined that all assessable parcels would receive the same net assessment. Assessment District No. 41 5 Engineer's Report - FY 2003-2004 ASSESSMENT The amount to be assessed upon the lots and parcels within the District and the amount apportioned to each assessable parcel within the District is shown in the table below. Estimated Assessment Requirements: $122,157 Estimated Number of Parcels: 554 Estimated Assessment Per Parcel: $ 220.50 2002-03 Assessment Per Parcel: $ 220.50 2003-04 Assessment Per Parcel: $ 220.50 Difference: $ 0.00 Assessment District No. 416 Engineer's Report - FY 2003-2004 ASSESSMENT ROLL The individual 2003-04 assessments, tabulated by Assessor's parcel number, are shown on an Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit "C" and are made a part of this report by reference. (The Assessment Roll is not included in this report due to its volume.) Dated: 2003 GFB-FRIEDRICH & ASSOC., INC. Assessment District No. 41 7 Engineer's Report - FY 2003-2004 EXHIBITS EXHIBIT "A-3" ASSESSMENT DIAGRAM ASSESSMENT DISTRICT NO.41 FISCAL YEAR 2003-04 for the CITY OF DIAMOND BAR SCALE. I' . SOO THE ASSESSMENT NUMFIER FOR EACH LOT OR PARCEL WITHIN THE DISTRICT IS THE ASSESSOR'S PARCEL NUMBER AS ASSIGNED BY THE COUNTY OF LOS ANGELES ASSESSOR'S OFFICE THE LINES AND DIMENSIONS FOR EACH LOT OR PARCEL OF LAND WITHIN TIRE DISTRICT ARE SHOWN ON THE ASSESSOR'S PARCEL MAPS ONFILE IN THE OFFICE OF THE LOS ANGELES COUNTY ASSESSOR. 'BASE MAP COURTESY OF THE CT' OF DIAMCAO SM can rm *17 VrTzt— -10 v SHEET 1 OF I SHEET ED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF DIAMOND R, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, THIS Y OF, 20_ CITY CLERK OF THE CITY OF DIAMOND BAR FILED IN THE OFFICE OF THE COUNTY AUDITOR, COUNTY OF LOS ANGELES. STATE OF CALIFORNIA. THIS _ DAY OF .00 CITY CLERK OF THE CITY OF DIAMOND BAR EXHIBIT "B-3" ASSESSMENT DISTRICT N0.41 FISCAL YEAR 2003-04 for the CITY OF DIAMOND BAR —..—T LTf1fTT\ , 'BPSE WP LOORT:6r OF TIE LIT' OF DRIMOND BPR E-- ---- s \—.I( SHEET 10P 1 SHEET LEGEND --- ASSESSMENT DISTRICT BOUNDARY ...........:: BRUSH S.00 PCRE6 SLOPES ILO6 PORES TURF 11,600 8F. CIF B ,—SFSRICE—R'C" 0 INC. Agenda # e _ Meeting Date: May 20> 2003 CITY COUNCIL AGENDA REPORT T0: f—onorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Notice of Completion for the Brea Canyon Road Streetscape and Street Improvements Project Between Pathfinder Road and Southerly City Limits RECOMMENDATION: It is recommended that the City Council accept the work performed by Griffith Company and authorize the City Clerk to file a Notice of Completion. FINANCIAL IMPACT: The preparation and filing of the Notice of Completion has no fiscal impact on the City. BACKGROUND: The City Council awarded a construction contract to Griffith Company on September 18, 2001 in the amount of $2,158,246.00. Furthermore, the City Council authorized a contingency amount of $105,000.00 for contract change orders to be approved by the City Manager for a total not -to -exceed contract amount of $2,263,246.00. The Public Works Division issued a Notice to Proceed for the project on November 5, 2001. DISCUSSION: Griffith Company has completed all work required as part of this contract in accordance with the plans and specifications approved by the City. A total of 5 contract change orders in the amount of $ 101,764.15 were issued. With the approval of the change orders„ and actual/final quantities of work performed, final construction contract amount for this project is $2,260,010.15. The project included four months plant establishment period which was completed in October/November 2002. Upon completion of the plant establishment period, the Los Angeles County Metropolitan Transportation Authority (MTA} and Caltran;> initiated a process review of the project. Subsequently, the project was accepted on March 28, 2003. PREPARED BY: Fred Alamolhoda, Senior Engineer REVIEW --:-- id iu Jam DeStefan Director of Public Works OkePep $t U— 1/2 0 Attachment: Notice of Completion el RECORDING REQUESTED B\"+r///////-----------• f--I--l—n--------- AND WHEN RECORDED MAIL TO 0 Name Street eon City State LJ SPACE ABOVE THIS LINE FOR RECORDER'S USE NOTICE OF COMPLETION Notice pursuant to Civil Code Section 3093, most be filed within 10 days after completion. (See reverse side for Complete requirements.) Notice is hereby given that: . 1. The undersigned is owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter described: 2. The full name of the owner is City of Diamond Bar 3. The full address of the owner is 21825 E. Copley Drive Diamond Bar, CA 91765 4. The nature of the interest or estate of the owner is; In fee. (It other than fee. stoke "in fee" and insert, for example. "purchaser under contract of purchase," or "lessee") 5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common are: NAMES ADDRESSES 6. A work of improvement on the property hereinafter described was completed on March 28, 2003 The work done was: Street, bikeway, landscaping improvement and beautification project. ). The name of the contractor, if any, for such work of improvement was Griffith Company October 2, 2001 (it no contractor for worix of improvement as a whole, insert 'none'.) (Date of Contract) 8. The property on which said work of improvement was completed is in the city of County of , State of California, and is described as follows: Brea Canyon Road from Pathfinder Road to Southerly City Limits 9. The street address of said property is it no street address has been officially assigned, insert "none".) Dated: Verification far Individual Owner Signature of owner or corporate officer of owner named in paragraph 2 or his agent VERIFICATION I, the undersigned, say: I am the ("President of". "Manager of", "A partner of", "Owner of". etc.) the declarant of the foregoing notice of completion; I have read said notice of completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the foregoing is true and correct. Executed on , 19 , at (Dale of Signature.) (City where signed.) , California. (Personal signature of the individual who is swearing that the contents of the notice of completion are true.) NOTICE OF COMPLETION-WOLCCTTS FORM 1114 -Rev 6.74 ipnu.ClaSSaf 8 pt. type or larger Agenda# h_R Meeting Date: May 20, 2003 TO: VIA: Honorable Mayor and Members of the City Council Linda C. Lowry, City Mana fft-010 TITLE: Approval of Contract Amendment with Warren C. Siecke for Traffic Engineering Services for the Brea Canyon Cutoff Road and State Route 57 on/off ramps in the Amount of $9,500 and Authorize a Contingency Amount of $3,000 for Change Orders to be Approved by the City Manager, for a Total Authorization Amount of $12,500. RECOMMENDATION: It is recommended that the City Council approve and authorize the City Manager to execute a Contract Amendment with Warren Siecke in the amount of $9,500 and authorize a contingency amount of $3,000. FINANCIAL IMPACT: In Fiscal Year 02/03 Mid -Year Budget Amendment (May Revision), $20,000 of Developers fee was budgeted for the design of Brea Canyon Cutoff Road and State Route 57 (SR -57) on/off ramps traffic signals project. BACKGROUND: In 1998, a traffic signal warrant study was performed for seventeen (17) intersections within the City. The study included evaluation and prioritization of the need for traffic signals using a point system based on Caltrans' signal warrant analysis. The Brea Canyon Cutoff Road (Diamond Bar Boulevard) and SR -57 on/off intersection was one of the intersections that met Caltrans signal warrant requirements for Traffic signal. DISCUSSION: Warren C. Siecke is the City's primary traffic and transportation on call/as needed consultant. In response to staff's request, Mr. Siecke submitted a proposal to provide the required engineering services. The scope of services will include design, drafting of plans, and preparation of contract specifications and estimates for construction of the traffic signals. The project involves freeway on and off ramps and close coordination with Caltrans will be required. Staff contacted Caltrans inquiring if they have a proposed project to install traffic signals at this location. Due to the current budget status of the State, Caltrans is unable to fund this project. PREPARED BY: Fred Alamolhoda, Senior Engineer REVIEWED BY: David QjAfku, I erector of Public Works Jam ano e eStef Attachment: Warren Siecke's Proposal, dated May 7, 2003 Il— Deputy City Manager 2 Agenda # 6-9 Meeting Date: June 3, 2003 TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Mana TITLE: Extend Contract Services Agreement with Southland Sports Officials for the 2003/04 FY in the amount not to exceed $32,000. RECOMMENDATION: Extend contract. FINANCIAL IMPACT: Funds for this contract are included in the proposed 2003/04 FY Budget. Participant fees pay for all costs related to this contract. BACKGROUND: The City Council awarded a contract to Southland Sports Officials on August 7, 2001. Section 2 of the contract allows the City Council to extend the contract on an annual basis if doing so is deemed to be in the best interest of the City. The contract was previously extended for the period of July 1, 2002 through June 30, 2003. DISCUSSION: Since the original contract was awarded, Southland Sports Officials have provided contract officials for our adult softball and basketball leagues. These officials have the necessary certification, knowledge and experience to provide quality officiating services for the City's adult sports leagues. Staff recommends that the contract be extended for the 2003/04 FY in an amount not to exceed $32'„000. ATTACHMENTS: Amendment #2 to sports officials service agreement Sports officials service agreement dated August 7, 2001 Southland Sports Officials proposal for July 1, 2003 to June 30, 2004. PREPARED BY: Ryan Wright Recreation Supervisor Community Services Director Jam's DeSt fano Deputy City Manager flay 15 03 03:18p 05/15/2003 15:13 9098613117 CITY OF DIAMOND BAR t'Hlat v4 AMENDMENT #2 TO SPORTS OFFICIALS SERVICE AGREEMENT TFLIS AMENDMENT #2 TO SPORTS OFFICIAL SERVICE AGREEMENT is made this 1st day of July, 2003 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of California ("CITY") and SOUTHLAND SPORTS OFFICIALS (CONTRACTOR). Recitals: a. CONTRACTOR entered into a 12 month AGREEMENT with CITY effective JULY 1, 2001 ("the AGREEMENT") for officiating services for the adult sports program. b. Parties agreed to Amendment #1 extending the term from July 1, 2002 through June 30, 2003. c. Parties desire to amend the AGREEMENT to extend the term for an additional 12 months. Now, therefore, the parties agree to amend the AGREEMENT as follows: Section 1 - Term of the AGREEMENT provided in Section 2 is revised to extend the AGREEMENT from July 1, 2003 through June 30, 2004. Section 2 - Exhibit "B" dated June 12, 2002 is replaced with new Exhibit "B" dated June 3, 2003 attached hereto. Except as provided above, the AGREEMENT is in all other respects in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #1 TO AGREEMENT on the date and year first written above. ATTEST: CITY OF DIAMOND BAR A Municipal Corporation Of the State of California Signed Title APPROVED TO FORM SOUTHLAND SPORTS OFFICIALS Contractor Signed Title_— IF p.2 City Attorney City Clerk COPY SPORTS OFFICIALS SERVICE AGREEMENT THIS AGREEMENT is made as of August 7, 2001 -by and between the City of Diamond Bar, a municipal corporation ("City") and Southland Sports Officials, ("Contractor"). RECITALS A. City desires to utilize the services of Contractor as an independent contractor to provide services to City as set forth in Exhibit "A", the City's Request for Proposals dated May 30, 2001. B. Contractor represents that it is fully qualified to perform such officiating services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Contractor's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Contractor are as described in Exhibit "A" the City's request for proposals dated, May 30, 2001. B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Contractor are as set forth in Exhibit "B", dated May 30, 2001, and as supplemented in seasonal league playing schedules provided by the City Manager, or his designee. Services commence when official arrives at designated assignment site, and cease when official departs said site. Services do not involve any travel or transportation whatsoever. 2. Term of Agreement. This Contract shall take effect July 1, 2001, and shall continue until June 30, 2002 unless earlier terminated pursuant to the provisions herein. By mutual agreement and consent of City and Contractor, this agreement may be extended for up to five (5), one (1) year increments. Conditions and fees to be negotiated at time of extension, as amended. 3. Compensation. City agrees to compensate Contractor for each service which Contractor performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Contractor pursuant to this Agreement shall not exceed thirty thousand dollars ($30,000). 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Contractor's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City Manager Contractor: Frank Ortiz City of Diamond Bar Southland Sports Officials 21825 East Copley Drive 1822-A E. Route 66, # 437 Diamond Bar, California 91765-4177 Glendora, CA 91740 6. Status as Independent Contractor. A. Contractor is, and shall at all times remain as to City, a wholly independent contractor. Contractor shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Contractor or any of Contractor's employees, except as set forth in this Agreement. Contractor shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Contractor agrees to pay all required taxes on amounts paid to Contractor under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent contractor status of Contractor and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Contractor, then Contractor agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Contractor represents that he does not have any employees nor will he have any employees during the term of this contract. Contractor shall fully comply with the workers' compensation law regarding Contractor and Contractor's employees. Contractor further agrees to indemnify and hold City harmless from any failure of Contractor to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Contractor shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Contractor agrees to indemnify the City, its officers, agents, volunteers, employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors or omissions of Contractor, its agents, employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder. In the event there is more than one person or entity named in the Agreement as a Contractor, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. '9. Insurance. Contractor shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business in California and approved by the City a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $3,000,000 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Contractor, its officers, employees, agents, and independent contractors in performance of services under this Agreement. Contractor shall require contracting officials to carry automobile insurance per State of California law; City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability. The policy (ies) as to comprehensive general liability, shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage 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. Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. All policies of insurance shall cover the obligations of Contractor pursuant to the terms of this Agreement; shall be issued by an insurance company which is admitted to do business in the State of California or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII. C. Contractor shall submit to City insurance certificates indicating compliance with the minimum insurance policy endorsements indicating compliance with all minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has agreed in writing to accept. 10. Conflict of Interest. A. Contractor covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Contractor under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor 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. Contractor covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendors) of hardware or software to City as a result of the performance of this Agreement. Contractor's covenant under this section shall survive the termination of this Agreement. 11. Termination. City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. Contractor may terminate this Agreement with or without cause upon ninety (90) days written notice to the City. The effective date of termination shall be upon the date specified in the notice of termination. In the event of such termination, City agrees to pay Contractor for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Contractor shall discontinue performing services. 1.2. Personnel. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Contractor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Contractor reserves the right to determine the assignment of its own employees to the performance of Contractor's services under this Agreement, but City reserves the right, for good cause, to require Contractor to exclude any employee from performing services on City's premises. 13. Non -Discrimination and Equal Employment Opportunity. A. Contractor shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Contractor will, in all solicitations or advertisements for employees placed by or on behalf of Contractor state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. U. Assignment. Contractor shall not assign or transfer any interest in this Agreement nor the performance of any of Contractor's obligations hereunder, without the prior written consent of City, and any attempt by Contractor to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 15. Compliance with Laws. Contractor shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 16. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Contractor constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Contractor, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 17. Attorney's Fees. In the event that either party to this Agreement shall 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 shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 1.8. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 19. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 20. 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 together shall constitute one and the same instrument. 21. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Contractor and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. 22. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. "City" ATTEST: CITY OF DIAMOND BAR By I jyt C q—' 2C c2: z—. BY City Clerk Mayor ..yn(ta -urgess Kodert -). Hurt, Approved as to form: City Attorney "CONTRACTOR" Southfanc' -Sporls Officials Association By: Its: "EXHIBIT A" REQUEST FOR PROPOSAL The City of Diamond Bar is currently accepting Proposals for a I rovider of Officials for our adult Basketball program, and Adult Softball Frogram. Introduction To service the community with the aforementioned sports, the City of Diamond Bar is seeking proposals for a provider of officiating services. Sco e of Work To be considered for the officiating services, proposals must be submitted to the City of Diamond Bar by May 30, 2001. Services Adult basketball officials for 324 games, using two man mechanics, a total of 648 officials. This service would cover a period of one year. Adult softball officials for 572 games using one man mechar, cs. This service would cover a period of one year. Selection Process After the May 30, 2001 deadline, the proposals will be reviewed. If you have any questions about the RFP or the selection process, please contact Sara West, Recreation Specialist, at 909.396.8846. Please submit all proposals to: City of Diamond Bar, Community Services Division, 21825 E.Copley Drive, Diamond Bar, CA 91765. ...E v„ WA-.. W. —LV. "EXHIBIT B" May 30, 2001 Ms. Sara West City of Diamond Bar Recreation Department 21825 E. Copley Drive Diamond Bar, CA 91715-4178 Dear Ms. West: The Southland Sports Official Association would like to offer a bid for officiating services for the Summer and year round contract with the City of Diamond Bar. Our bid for two (2) basketball officials will be $46.00 per game. One softball umpire will be $20.00 per game. In regards to our policies, we charge a one and a half game fee for officials who are scheduled for one game.. For example, the charge for two basketball officials scheduled for one game would be S69AO. Our policy on forfeits would be that they are paid in M. For rainouts, we would need at least a one hour notice so that we could contact our officials. If you have a message hotline, we would have our officials call that line one hour before game time on a rainy day_ Another policy we have is in regards to officials not showing up for their assignments. If only one basketball official shows up to officiate a game, we will only charge you for half the amount that we are bidding ($23.00 per game). If a softball umpire does not show up, we obviously would not charge any fee. We hope that you will consider our bid and award us the officiating contract with the City of Diamond Bar. Frank Ortiz Southland Sports Official Association V k lay Ov [WI 1L' •4v r. Q. Agenda # 6.10 Meeting Date: May 20 , 2003 CITY COUNCIL —,. AGENDA REPORT TO: VIA: Honorable Mayor and Members of the City Council Linda C. Lowry, City Mana .,V/ TITLE: A Resolution of the City Council of the City of Diamond Bar Approving Plans and Specifications for the Traffic Signal Improvements Project on Pathfinder Road at Brea Canyon Road/Fern Hollow Drive, Pathfinder Road at Diamond Bar High School Westerly Entrance, and Pathfinder Road at Evergreen Springs Drive and Authorizing the City Clerk to Advertise the Project for Bids. RECOMMENDATION: It is recommended that the City Council approve Resolution No. 2003 -XX: "A Resolution of the City Council of the City of Diamond Bar Approving Plans and Specifications for the Traffic Signal Improvements Project on Pathfinder Road at Brea Canyon Road/Fern Hollow Drive, Pathfinder Road at Diamond Bar High School Westerly Entrance, and Pathfinder Road at Evergreen Springs Drive and Authorize the City Clerk to Advertise the project for bids". FINANCIAL IMPACT: The 2002/2003 Mid -Year Budget Amendment (May Revision) allocated a total of $477,988 of Proposition C funds for the project. The Engineer's Estimate for the project is $ 475,000. Upon receiving the bid proposals, staff will review the bids, and if needed bring back a budget amendment recommendation to fund the project. BACKGROUND/DISCUSSION: At the City Council meeting of April 15, 2003, the City Council rejected all bids received for the left -turn signal improvements project at the intersections of Pathfinder Road/Brea Canyon Road/Fern Hollow Drive and Pathfinder Road/Evergreen Springs Drive. The project was expanded to include a new traffic signal at the Diamond Bar High School westerly entrance. The objectives of the new project are: 1) To reduce the congestion along Pathfinder Road; 2) To improve both on-site and off-site circulation of the High School; and 3) To enhance the safety of both pedestrians and vehicles by creating an optimal circulation plan. Advanced Applied Engineering, Inc. has completed the design of the expanded project and the contract documents are ready to be advertised. In working with the Walnut Valley Unified School District and Diamond Bar High School, it is our collective goal to complete the installation of these new traffic signals by September/October 2003. 1 The project schedule is tentatively set as follows: Approval of Plans and Specifications May 20, 2003 Bid Opening June 11, 2003 Award of Contract June 17, 2003 Notice to Proceed June 30, 2003 Completion of Construction September 30, 2003 PREPARED BY: Date Prepared: May 14, 2003 Fred Alamolhc'da, Senior Engineer REVIEWED BY: David . Liu Ja,Wes DeSt fano Director of Public Works Deputy City Manager ATTACHMENT: Resolution No. 2003 -XX 2 RESOLUTION NO. 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE TRAFFIC SIGNAL IMPROVEMENTS PROJECT ON PATHFINDER ROAD AT BREA CANYON ROAD/FERN HOLLOW DRIVE, PATHFINDER ROAD AT DIAMOND BAR HIGH SCHOOL WESTERLY ENTRANCE, AND PATHFINDER ROAD AT EVERGREEN SPRINGS DRIVE AND AUTHORIZING THE CITY CLERK TO ADVERTISE THE PROJECT FOR BIDS. WHEREAS, it is the intention of the City of Diamond Bar to construct certain improvements in the City of Diamond Bar; WHEREAS, the City of Diamond Bar has prepared plans and specifications for the Traffic Signal Improvements Project on Pathfinder Road at Brea Canyon/Fern Hollow Drive, Pathfinder Road at Diamond Bar High School Westerly Entrance, and Pathfinder Road at Evergreen Springs Drive; NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented to the City of Diamond Bar are hereby approved as the contract documents for the project. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to advertise as required by the law for the receipt of sealed bids/proposals for the work specified in the plans and specifications, which said advertisement shall be in the form and content as approved by the City Attorney and a copy of this Resolution shall be contained in each specification package for the project: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the City Council of the City of Diamond Bar, Los Angeles County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Diamond Bar will receive at the office of the City Clerk in the City Hall of Diamond Bar, on or before the hour of 10:00 o'clock a.m. on the 11th day of June, 2003, sealed bids or proposals for the project. Bids will be opened and publicly read immediately in the office of the City Clerk, 21825 E. Copley Drive, Diamond Bar, California 91765-4177. Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar, California, marked, "Traffic Signal Improvements Project on Pathfinder Road at Brea Canyon Road/Fern Hollow Drive, Pathfinder Road at Diamond Bar High School Westerly Entrance, and Pathfinder Road at Evergreen Springs Drive." 3 PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rate of per diem wages are on file in the office of the City Clerk of the City of Diamond Bar, 21825 E. Copley Drive, Diamond Bar, California, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to the City of Diamond Bar, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion, thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate; or B. When the number of apprentices in training in the area exceeds a ratio of one to five; or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally; or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions. 4 The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Diamond Bar, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this Contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Diamond Bar for an amount equal to at least 10 percent (10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashier's check, or certified check, or bond shall become the property of the City of Diamond Bar. If the City of Diamond Bar awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Diamond Bar to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (100%) of the contract price thereof, and a labor and material bond in an amount equal to one hundred (100%) of the contract price for said work shall be given Ito secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Diamond Bar for the construction of said work. 5 No proposal will be considered from a Contractor who is not licensed as a Class A and/or C10 at time of award in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto or to whom a proposal form has not been issued by the City of Diamond Bar. The work is to be done in accordance with the plans and specifications of the City of Diamond Bar on file in the office of the City Clerk at the City Hall, Diamond Bar, California. Copies of the specifications will be furnished upon application to the City of Diamond. Upon written request by the bidder, copies of the specifications will be mailed when said request is accompanied by a non -reimbursable payment of $10.00 to cover the cost of mailing charges and overheads. The successful bidder will be required to enter into a contract satisfactory to the City of Diamond Bar. In accordance with the requirements of the General Provisions, as set forth in the Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Diamond Bar, California reserves the right to reject any and all bids. By order of the City Council of the City of Diamond Bar, California, dated this 20th day of May, 2003. Carol Herrera, Mayor ATTEST: Lynda Burgess, City Clerk I, Lynda Burgess, City Clerk of the City of Diamond Bar, California, does herby certify that the foregoing Resolution was duly and regularly passed and adopted b— the City Council of the City of Diamond Bar, California, at its regular meeting held on the 20t day of May, 2003, by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: 6 Agenda # 6.11 Meeting Date: May 20 , 2003 CITY COUNCIL AGENDA REPORT TO: VIA: Honorable Mayor and Members of the City Council Linda C. Lowry, City Manager TITLE: A Resolution of the City Council of the City of Diamond Bar Approving Plans and Specifications for the Area 5 Slurry Seal Project in Said City and Authorizing and Directing the City Clerk to Advertise to Receive Bids. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 2003 -XX- Approving the Plans and Specifications for the Area 5 Slurry Seal Project in Said City and Authorizing and Directing the City Clerk to Advertise to Receive Bids. FINANCIAL IMPACT: The 2002-2003 Annual Budget allocated a total of $450,000.00 for design, construction administration, inspection, and construction of the Area 5 Slurry Seal Project. The Engineer's Estimate on the base bid for construction of the Area 5 Slurry Seal Project is $479,188.00. With removal and replacement of distressed concrete and the slurry seal of Grand Avenue in the frontage of the Diamond Bar Community/Senior Center as optional bid items, the construction cost is $503,443. Upon receiving the bid proposals, staff will review the bids and bring back a budget amendment recommendation to fund the construction. BACKGROUND/DISCUSSION: The Area 5 Slurry Seal Project is the fifth year of the Five -Year Pavement Management Program. In addition to the slurry seal maintenance routine, an area evaluation is conducted to identify concrete distress. This evaluation utilizes a rating system that measures the level of severity to identified distressed concrete. The following is the rating system for concrete distress: Concrete Distress Levels (sidewalk, curb and gutter) 1- minor damage (lift < 3/4 -inch) 2- moderate damage (3/4inch < lift < 1 1/2 -inch) 3- major damage (lift > 1 1/2 -inch) Concrete improvements identified with Severity Level 3 will be considered optional for rehabilitation under this project. An additional bid option item is the slurry seal of Grand Avenue in the frontage of the Diamond Bar Community/Senior Center. 1 The project schedule is tentatively set as follows: Approval of Plans and Specifications May 20, 2003 Bid Opening for Construction Contract June 10, 2003 Award of Contract June 17, 2003 Notice to Proceed June 30, 2003 Completion of Construction September 2, 2003 PREPARED BY: Date Prepared: May 15, 2003 John L. Ilasin, Assistant Engineer :»�/IATiT/4�l:0 .-- David G. Liu James DeStefano Director of Public Works Deputy City Manager ATTACHMENT: Resolution No. 2003 -XX 2 RESOLUTION NO.2003-XX WHEREAS, it is the intention of the City of Diamond Bar to construct certain improvements in the City of Diamond Bar; WHEREAS, the City of Diamond Bar has prepared plans and specifications for the Area 5 Slurry Seal Project; NOW, THEREFORE, BE IT RESOLVED that the plans and specifications presented to the City of Diamond Bar be and are hereby approved as the specifications for the Area 5 Slurry Seal Project. BE IT F'UTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in thE: aforesaid plans and specifications, which said advertisement shall be in the form and contE—nt as approved by the City Attorney and a copy of this Resolution shall be contained in each specification package for the work: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the City Council of the City of Diamond Bar, Los Angeles County, Califorrnia, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Diamond Bar will receive at the office of the City Clerk in the City Hall of Diamond Bar, on or before the hour of 10:00 o'clock a.m. on the 10th day of June, 2003, sealed bids or proposals for the Area 5 Slurry Seal Project. Bids willl be opened and publicly read immediately in the office of the City Clerk, 21825 E. Copley Drive, Diamond Bar, California 91765-4177. Bids muist be made on a form provided for the purpose, addressed to the City of Diamond Bar, --alifornia, marked, "Area 5 Slurry Seal Project." PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in thE: locality in which the public work is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of 3 The Contractor shall forfeit, as penalty to the City of Diamond Bar, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion, thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages herein before stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate; or B. When the number of apprentices in training in the area exceeds a ratio of one to five; or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally; or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this contract and the Contractor and any subcontractor under him shall comply with and be governed by the laws of the State of California having to do with working hours as 4 set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Diamond Bar, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work herein before mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this Contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Diamond Bar for an amount equal to at least 10 percent (10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed contract if the same is awarded to him, and in event of failure to enter into such contract said cash, cashier';, check, or certified check, or bond shall become the property of the City of Diamond Bar. If the City of Diamond Bar awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Diamond Bar to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (100%) of the contract price thereof, and a labor and material bond in an amount equal to one hundred (100%) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Diamond Bar for the construction of said work. No proposal will be considered from a Contractor who is not licensed as a Class A at time of award in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto or to whom a proposal form has not been issued by the City of Diamond Bar. The work is to be done in accordance with the plans and specifications of the City of Diamond Bar on file in the office of the City Clerk at the City Hall, Diamond Bar, California. Copies of the specifications will be furnished upon application to the City of Diamond. Upon written request by the bidder, copies of the specifications will be mailed when said request is accompanied by a non -reimbursable payment of $10.00 to cover the cost of mailing charges and overheads. 5 The successful bidder will be required to enter into a contract satisfactory to the City of Diamond Bar. In accordance with the requirements of the General Provisions, as set forth in the Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Diamond Bar, California, reserves the right to reject any and all bids. By order of the City Council of the City of Diamond Bar, California, dated this 20th day of May, 2003. Carol Herrera, Mayor ATTEST: Lynda Burgess, City Clerk I, Lynda Burgess, City Clerk of the City of Diamond Bar, California, does herby certify that the foregoing Resolution was duly and regularly passed and adopted b' the City Council of the City of Diamond Bar, California, at its regular meeting held on the 20t day of May, 2003, by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: 6 Agenda # 6.12(a) Meeting Date: May 20 , 2003 TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Rejection of All Bids for the Traffic Signal Modification Project at the Intersection of Grand Avenue/Shotgun Lane (1600 S. Grand Avenue, Diamond Bar Community/Senior Center). RECOMMENDATION: It is recommended that the City Council reject all bids for the for the Traffic Signal Modification Project at the Intersection of Grand Avenue/Shotgun Lane (1600 S. Grand Avenue, Diamond Bar Community/Senior Center) FINANCIAL IMPACT: The rejection of aH bids has no fiscal impact on the City. BACKGROUND/DISCUSSION: On April 30, 2003, only two (2) bids were submitted and opened for the Traffic Signal Modification Project at the Intersection of Grand Avenue/Shotgun Lane (1600 S. Grand Avenue, Diamond Bar Community/Senior Center). The following were the bid results: Company Bid Amount 1) Steiny and Company, Inc. $215,712.00 2) GMC Engineering, Inc. $254,827.00 Staff recommends all bids be rejected and the project be expanded to include the traffic signal modification at the intersections of Brea Canyon Road/Lycoming Street and Golden Springs Drive/Ballena Drive for the following reasons: • Since the value of a combined project will be greater, it is likely to attract more bidders to respond. • Staff effort required to administer a second contract can be eliminated. PREPARED BY: John L. Ilasin, Assistant Engineer REVIEWED BY: David G.' Liu Jarhefl DeStefa Date Prepared: May 15, 2003 Director of Public Works De ty City Manager Agenda # 6.12(h) Meeting Date: May 20 , 2003 TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manag -k-V,- TITLE: A Resolution of the City Council of the City of Diamond Bar Approving Plans and Specifications for the Traffic Signal Modification Project at the Intersections of Grand Avenue/Shotgun Lane (1600 S. Grand Avenue, Diamond Bar Community/Senior Center), Brea Canyon Road/Lycoming Street, and Golden Springs Drive/Ballena Drive in Said City and Authorizing and Directing the City Clerk to Advertise to Receive Bids. RECOMMENDATION: It is recommended that the City Council Approve Resolution No. 2003-XX: A Resolution of the City Council of the City of Diamond Bar Approving Plans and Specifications for the Traffic Signal Modification Project at the Intersections of Grand Avenue/Shotgun Lane (1600 S. Grand Avenue, Diamond Bar Community Center/Senior Center), Brea Canyon Road/Lycoming Street, and Golden Springs Drive/Ballena Drive in Said City and Authorizing and Directing the City Clerk to Advertise to Receive Bids. FINANCIAL IMPACT: The 2002-2003 Annual Budget allocated the following funds for each respective traffic signal improvement: • Grand Avenue/Shotgun Lane $180,000.00 • Brea Canyon Road/Lycoming Street $130,000.00 • Golden Springs Drive/Ballena Drive $130,000.00 The Engineer's Estimate for the project is $470,000.00. Upon receiving the bid proposals, if necessary, staff will bring back a budget amendment recommendation to fund the complete construction. BACKGROUND/DISCUSSION: Warren Siecke Transportation and Traffic Engineers has prepared the plans and specifications for traffic signal modification at the intersections of Brea Canyon Road/Lycoming Street and Golden Springs Drive/Ballena Drive. These plans and specifications have been incorporated with the initial plans and specifications for the traffic signal modification at the intersection of Grand Avenue/Shotgun Lane (1600 S. Grand Avenue, Diamond Bar Community/Senior Center). The project schedule is tentatively set as follows: Approval of Plans and Specifications May 20, 2003 Bid Opening for Construction Contract June 10, 2003 Award of Contract July 17, 2003 Notice to Proceed July 30, 2003 Completion of Construction November 5, 2003 PREPARED BY: John L. Ilasin, Assistant Engineer David G. C ti James DeStefan Date Prepared: May 15, 2003 Director of Public Works Deputy City Manager RESOLUTION NO. 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE TRAFFIC SIGNAL MODIFICATION PROJECT AT THE INTERSECTIONS OF GRAND AVENUE/SHOTGUN LANE (1600 S. GRAND AVENUE, DIAMOND BAR COMMUNITY/SENIOR CENTER), BREA CANYON ROAD/LYCOMING STREET, AND GOLDEN SPRINGS DRIVE/BALLENA DRIVE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. WHEREAS, it is the intention of the City of Diamond Bar to construct certain improvements in the City of Diamond Bar. WHEREAS, the City of Diamond Bar has prepared plans and specifications for the Traffic Signal Modification Project at the Intersections of Grand Avenue/Shotgun Lane (1600 S. Grand Avenue, Diamond Bar Community/Senior Center), Brea Canyon Road/Lycoming Street, and Golden Springs Drive/Ballena Drive. NOW, THEREFORE, BE IT RESOLVED that the plans and specifications for the Traffic Signal Modification Project at the Intersection of Grand Avenue/Shotgun Lane (1600 S. Grand Avenue, Diamond Bar Community/Senior Center) ), Brea Canyon Road/Lycoming Street, and Golden Springs Drive/Ballena Drive are hereby approved. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to advertise as required by law for the receipt of sealed bids or proposals for doing the work specified in the aforesaid plans and specifications, which said advertisement shall be in the form and content as approved by the City Attorney and a copy of this Resolution shall be contained in each specification package for the work: "NOTICE INVITING SEALED BIDS OR PROPOSALS" Pursuant to a Resolution of the City Council of the City of Diamond Bar, Los Angeles County, California, directing this notice, NOTICE IS HEREBY GIVEN that the said City of Diamond Bar will receive at the office of the City Clerk in the City Hall of Diamond Bar, on or before the hour of 2:00 o'clock p.m. on the 10th day of June, 2003, sealed bids or proposals for the Traffic Signal Modification Project at the Intersections of Grand Avenue/Shotgun Lane (1600 S. Grand Avenue, Diamond Bar Community/Senior Center), Brea Canyon Road/Lycoming Street, and Golden Springs Drive/Ballena Drive. Bids will be opened and publicly read immediately in the Office of the City Clerk, 21825 E. Copley Drive, Diamond Bar, California 91765-4177. Bids must be made on a form provided for the purpose, addressed to the City of Diamond Bar, California, marked, "Bid for the Traffic Signal Modification Project at the Intersections of Grand Avenue/Shotgun Lane (1600 S. Grand Avenue, Diamond Bar Community/Senior Center), Brea Canyon Road/Lycoming Street, and Golden Springs Drive/Ballena Drive." PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per them wages for work of a similar character in the locality in which the public work is performed, and not less than the general prevailing rate of per them wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per them wages are on file in the Office of the City Clerk, 21825 E. Copley Drive, Diamond Bar, California 91765-4177, and are available to any interested party on request. The Contracting Agency also shall cause a copy of such determinations to be posted at the job site. The Contractor shall forfeit, as penalty to the City of Diamond Bar, not more than fifty dollars ($50.00) for each laborer, workman, or mechanic employed for each calendar day or portion, thereof, if such laborer, workman, or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under the attached contract, by him or by any subcontractor under him, in violation of the provisions of said Labor Code. In accordance with the provisions of Section 1777.5 of the Labor Code as amended by Chapter 971, Statutes of 1939, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the prosecution of the work. Attention is directed to the provisions in Sections 1777.5 and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him. Section 1777.5, as amended, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five except: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of fifteen percent (15%) in the ninety (90) days prior to the request for certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or D. When the Contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and subcontractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex -officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this Contract and the Contractor and any subcontractor under him shall employ with and be governed by the laws of the State of California having to do with working hours as set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. The Contractor shall forfeit, as a penalty to the City of Diamond Bar, twenty-five dollars ($25.00) for each laborer, workman, or mechanic employed in the execution of the contract, by him or any subcontractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which said laborer, workman, or mechanic is required or permitted to labor more than eight (8) hours in violation of said Labor Code. Contractor agrees to pay travel and subsistence pay to each workman needed to execute the vvork required by this Contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. The bidder must submit with his proposal cash, cashier's check, certified check, or bidder's bond, payable to the City of Diamond Bar for an amount equal to at least ten percent (10%) of the amount of said bid as a guarantee that the bidder will enter into the proposed Contract if the same is awarded to him, and in the event of failure to enter into such Contract said cash, cashier's check, certified check, or bond shall become the property of the City of Diamond Bar. If the City of Diamond Bar awards the contract to the next lowest bidder, the amount of the lowest bidder's security shall be applied by the City of Diamond Bar to the difference between the low bid and the second lowest bid, and the surplus, if any, shall be returned to the lowest bidder. The amount of the bond to be given to secure a faithful performance of the contract for said work shall be one hundred percent (100%) of the contract price thereof, and a labor and material bond in an amount equal to one hundred percent (100%) of the contract price for said work shall be given to secure the payment of claims for any materials or supplies furnished for the performance of the work contracted to be done by the Contractor, or any work or labor of any kind done thereon, and the Contractor will also be required to furnish a certificate that he carries compensation insurance covering his employees upon work to be done under contract which may be entered into between him and the said City of Diamond Bar for the construction of said work. No proposal will be considered from a Contractor who is not licensed as a Class A and/or C10 contractor at time of award in accordance with the provisions of the Contractor's License Law (California Business and Professions Code, Section 7000 et seq.) and rules and regulations adopted pursuant thereto or to whom a proposal form has not been issued by the City of Diamond Bar. The work is to be done in accordance with the profiles, plans, and specifications of the City of Diamond Bar on file in the Office of the City Clerk at the City Hall, Diamond Bar, California. Copies of the plans and specifications will be furnished upon application and a non - reimbursable payment of $30.00 to the City of Diamond Bar. Upon written request by the bidder, copies of the plans and specifications will be mailed when said request is accompanied by a non -reimbursable payment of $40.00 to cover the cost of mailing charges and overheads. The successful bidder will be required to enter into a contract satisfactory to the City of Diamond Bar. In accordance with the requirements of Section 903 of the General Provisions, as set forth in the Plans and Specifications regarding the work contracted to be done by the Contractor, the Contractor may, upon the Contractor's request and at the Contractor's sole cost and expense, substitute authorized securities in lieu of monies withheld (performance retention). The City of Diamond Bar, California, reserves the right to reject any and all bids. By order of the City Council of the City of Diamond Bar, California. Dated this 18 any day of March, 2003. PASSED, ADOPTED and APPROVED by the City Council of the City of Diamond Bar, California, this 20th day of May, 2003. Carol Herrera, Mayor ATTEST: Lynda Burgess, City Clerk I, Lynda Burgess, City Clerk of the City of Diamond Bar, California, do hereby certify that the foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the 20th day of May, 2003, by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: LYNDA BURGESS, City Clerk City of Diamond Bar, California Agenda # 6.13 Meeting Date: May 20, 2003 TO: VIA: Honorable Mayor and Members of the City Council Linda C. Lowry, City Manager AGENDA REPORT TITLE: Consider Approval of Resolution No. 2003 -XX Opposing AB 1221 (Steinberg and Campbell), the Balanced Communities Act RECOMMENDATION: It is recommended that the City Council approve Resolution 2003 -XX opposing AB 1221, the California Balanced Communities Act of 2003. ANALYSIS: AB 1221 enacts the California Balanced Communities Act of 2003, which would reduce city and county sales and use tax revenue and use property tax revenue from counties' Educational Revenue Augmentation Funds (ERAF) to backfill the sales and use tax revenue lost by cities and counties. The City is concerned with the following provisions of the proposed legislation: ^ This bill would take locally generated revenues (sales tax) that are currently distributed to cities and redirect that revenue to the State and backfill that lost revenue with property tax without constitutional protection guaranteeing property tax revenue would continue to be distributed to cities in the future. ^ The proposed legislation sets the property tax backfill amount based on 2003-04 sales tax revenue level. There is no language in the bill to account for future increases in sales tax revenue. In other words, the City would lose a portion of all future increases in sales tax revenue to the State. For example, If Diamond Bar receives $3 million in sales tax effective January 2004, the sales tax revenue would be reduced to $1.5 million and the lost sales tax revenue would (theoretically) be replaced by backfill from property tax revenue via the Educational Revenue Augmentation Fund. Once the initial shift is done, let's hypothetically say the property tax revenue grows from $2 million to $3.5 million. In order to make up the $1.5 million from the taken sales tax revenue, the percentage of property tax revenue received would grow from 5.3% to 8%. Theoretically, going forward, Diamond Bar would now receive .5% sales tax revenue and 8% property tax (2.7% back filled by ERAF). ^ Sales tax revenue represents a major source of income which Diamond Bar has been able to rely upon to provide many of its services. Changing this funding will be unhealthy for local governments and places delivery of public services and our municipal fiscal integrity at great risk. If enacted, this legislation would transfer one of the City's primary sources of revenue to the State. Cities would have to rely on the State to appropriate property tax revenue to cities to offset the lost sales tax revenue. When the State again overspends and must balance its own budget, there is no guarantee that the State will continue to provide this much needed revenue to cities. The attached Resolution opposes AB 1221 and requests the State Budget Office and the State Legislature hold a series of town hall meetings with local elected officials from around the state to negotiate a more equitable resolution to the state budget crisis. If approved by the City Council, copies of the Resolution will be distributed to the following: Assembly Appropriation Committee members; Assemblyman Bob Pacheco; Senator Bob Margett; the authors and co-authors of the bill; California Contract Cities; and the League of California Cities Attachment: Proposed Resolution Opposing AB 1221 Hinderliter AB 1221 Calculator Examples, Chart, and Analysis RESOLUTION NO. 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR OPPOSING AB 1221 (STEINBERG AND CAMPBELL) - CALIFORNIA BALANCED COMMUNITIES ACT WHEREAS, AB 1221 enacts the California Balanced Communities Act of 2003; reduces a city's allocation of sales and use tax revenue; substitutes property tax revenue from the county's Educational Revenue Augmentation Funds (ERAF) to backfill the sales and use tax revenue lost by the city; and provides for an additional allocation of 0.5% of sales and use tax to the state in order to replace the lost ERAF money, and WHEREAS, the intention of AB 1221 is to create a positive incentive for local government to address housing, it instead penalizes cities by depriving them of dependable sales tax revenue, and WHEREAS, AB 1221 proposes to give the State more control over the distribution of local sales tax revenues placing the delivery of public services and municipal fiscal integrity at risk, and WHEREAS, AB 1221 could, in effect, strip the City of Diamond Bar of its only local allocated tax revenue, and WHEREAS, the future development of the City of Diamond Bar will be more retail commercial based rather than residential according to the current general plan, and WHEREAS, cities such as Diamond Bar are harmfully discriminated against by the use of a single base year formula prescribed in AB 1221, having made longer term land use decisions based on existing revenue sources which emphasize future retail commercial development, and WHEREAS, the City of Diamond Bar will have a growing sales tax base anticipated to be more than its property tax base, and WHEREAS, the City of Diamond Bar realizes that the state budget crisis needs to be solved and the state tax revenue system must be completely overhauled. THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY OPPOSE AB'1221 (Steinberg and Campbell) and RESOLVE: SECTION 1. AB 1221 is not beneficial to the City of Diamond Bar since potential loss of additional city revenues may lead to a reduction in essential public services. SECTION 2. The City Council recommends that the state budget office and the state legislature hold a series of town hall meetings with local elected officials around the state in order to accumulate more localized ideas to reach an equitable resolution to the state budget crisis. SECTION 3. The City Council opposes AB 1221 and asks all elected officials to oppose AB 1221. SECTION 4. The City Clerk shall certify to the adoption of the Resolution. PASSED, APPROVED AND ADOPTED this 13th day of May, 2003. CAROLHERRERA Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City council of the City of Diamond Bar held on the 13th day of May, 2003, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Lynda Burgess, City Clerk City of Diamond Bar ---HdL Coren & Cone AB 1221 Calculator HdL Companies' AB 1221 Calculator Assumptions: Propgrtv Tax Slks-Tax Base Year Revenue: 2pg7199 2947709; Year 1 Assumed % Growth: 10% Year 2 Assumed % Growth: 7!% ;% 1' Year 3 Assumed % Growth: Zi% Year 4 Assumed % Growth: 1 li% —4'!,% Year 5 Assumed % Growth: F-7,,,% 5% Results: hese are estimates (based on the data you entered) of the figures that would be used if A61221 is pplied as the base year values from which all further property and sales percentage growth would be calculated. if AE31221 becomes law the actual values used for the calculation of base year values will likely be your 2002/03 fiscal year property (excluding RDA) and sales tax revenue totals. 61221 Prop. Tax Base (= First Year Est. Prop. Tax + 1/2 Est. Sales Tax): $3,571,054 61221 Sales Tax Base (= 1/2 First Year Estimated Sales Tax): $1,473,855 With Current Laws Fiscal Non -AB 1221 Non -AB 1221 Non -AB 1221 Year Property Revenue Sales Revenue Total Base N/A. $2,097,199 N/A $2,947,709 N/A $5,044,908 1st 10.0(1% $2,306,919 1.00% $2,977,186 4.74% $5,284,105 2nd 7.00—% $2,468,403 1.00% $3,006,958 3.62% $5,475,361 3rd 0.00% $2,468,403 2.00% $3,067,097 1.10% $5,535,500 4th 1.00% $2,493,087 4.00% $3,189,781 2.66% $5,682,868 5th 1.00% $2,518,018 5.00% $3,349,270 3.25% $5,867,288 With AB1221 Fiscal AB 1221 AB 1221 AB 1221 Year Property Revenue Sales Revenue Total Base N/A $3,571,054 N/A $1,473,855 N/A $5,044,908 1st 10.00'% $3,928,159 1.00% $1,488,593 7.37% $5,416,752 2nd 7.00'yo $4,203,130 1.00% $1,503,479 5.35% $5,706,609 3rd 0.00% $4,203,130 2.00% $1,533,549 0.53% $5,736,679 4th 1.00% $4,245,161 4.00% $1,594,890 1.80% $5,840,052 5th 1.00% $4,287,613 5.00% $1,674,635 2.09% $5,962,248 Com arison Summa Fiscal Totall Revenue Total Revenue Difference Cummulative Difference Year Without AB 1221 With AB 1221 Base $5,044,908 $5,044,908 N/A N/A 1st $5,284,105 $5,416,752 2.51% $132,647 2.51% $132,647 2nd $5,475,361 $5,706,609 4.22% $231,248 3.38% $363,895 3rd $5,535,500 $5,736,679 3.63% $201,178 3.47% $565,073 4th $5,682,868 $5,840,052 2.77% $157,184 3.29% $722,256 5th $5,867,288 $5,962,248 1.62% $94,960 2.93% $817,216 About AB 1221 and the HdL Companies' Calculator Page 1 of 2 http://www.hdlccpropertytax.com/ab 1221 cp.asp 5/12/03 HdL Corers & Cone AB 1221 Calculator Assumptions: Base Year Revenue: Year 1 Assumed % Growth: Year 2 Assumed % Growth: Year 3 Assumed % Growth: Year 4 Assumed % Growth: Year 5 Assumed % Growth: HdL Companies' AB 1221 Calculator I Results: These are estimates (based on the data you entered) of the figures that would be used if AB1221 is applied as the base year values from which all further property and sales percentage growth would be calculated. If AE31221 becomes law the actual values used for the calculation of base year values will ikely be your 2002/03 fiscal year property (excluding RDA) and sales tax revenue totals. B1221 Prop. Tax Base (= First Year Est. Prop. Tax + 1/2 Est. Sales Tax): $3,157,338 B1221 Sales Tax Base (= 1/2 First Year Estimated Sales Tax): $1,211,872 With Current Laws Fiscal Tota 1 $2,423,743 N/A 3.30% $2,503,727 $2,711,536 5.44% $2,928,459 6.20% $3,013,384 3.27% $3,067,625 4.71% $4,369,209 1.07% $4,416,120 $4,656,440 $4,945,324 $5,106,890 1 $5,347,453 Tota 1 Non AB 1221 $1,211,872 Non -AB 1221 $4,369,209 $1,251,863 Non -AB 1221 $4,355,526 Year Property Revenue Sales Revenue Base N/A $1,945,466 N/A 1st (1.70;1% $1,912,393 6.72% 2nd 1.70% $1,944,904 8.30% 3rd 3.70% $2,016,865 8.00% 4th 3.80% $2,093,506 2.90% 5th 8.90% $2,279,828 1.80% With AB1221 (4.20)% ($207,882) 4th Fiscal $4,904,287 (3.97)% ($202,603) 5th AB 1221 $5,233,793 (2.13)% ($113,660) AB 1221 1221 and the HdL Companies' Calculator AB 1221 Year Property Revenue Sales Revenue Base N/A $3,157,338 N/A 1st (1.70)'% $3,103,663 3.30% 2nd 1.70% $3,156,425 8.30% 3rd 3.70% $3,273,213 8.00% 4th 3.80% $3,397,595 2.90% 5th 8.90% $3,699,981 1.80% Comparison Summary Fiscal Tota 1 $2,423,743 N/A 3.30% $2,503,727 $2,711,536 5.44% $2,928,459 6.20% $3,013,384 3.27% $3,067,625 4.71% $4,369,209 1.07% $4,416,120 $4,656,440 $4,945,324 $5,106,890 1 $5,347,453 Tota 1 Total Revenue $1,211,872 N/A $4,369,209 $1,251,863 (0.31)% $4,355,526 $1,355,768 3.60% $4,512,193 $1,464,229 4.99% $4,737,442 $1,506,692 3.52% $4,904,287 $1,533,812 6.72% $5,233,793 o- 0 (1.37)% ($60,594) (2.26)% ($204,840) (2.94)% ($412,722) (3.22)% ($615,325) (2.98)% ($728,985) Total Revenue Total Revenue Difference Cummulative Difference Year Without AB 1221 With AB 1221 Base $4,369,209 $4,369,209 N/A N/A 1st $4,416,120 $4,355,526 (1.37)% ($60,594) 2nd $4,656,440 $4,512,193 (3.10)% ($144,247) 3rd $4,945,324 $4,737,442 (4.20)% ($207,882) 4th $5,106,890 $4,904,287 (3.97)% ($202,603) 5th $5,347,453 $5,233,793 (2.13)% ($113,660) About AB 1221 and the HdL Companies' Calculator Pagel of 2 http://www.hdlccpropertytax.com/ab 1221 cp.asp 5/12/03 o- 0 (1.37)% ($60,594) (2.26)% ($204,840) (2.94)% ($412,722) (3.22)% ($615,325) (2.98)% ($728,985) 0 N 0 0 OD 0 0 0 0 0 0 0 A 0 0 0 N 0 e U_ 0 0 W HdL Corers & Cone AB 1221 Calculator In the proposed legislation AB 1221, General Fund revenues ONLY are in play. The bill, as proposed, does not impact redevelopment tax increment revenue. 1. Values in the base year in redevelopment project areas do not receive the cost of living adjustments applied by the Assessors' offices annually. Base Year values do not grow between tax years. 2. Under AB 1221, to the extent that a city's assessed valuation is within a redevelopment project area, the city will not see property tax revenue growth in subsequent tax years from the project area base years. 3. Cities that have been impacted by successful property tax appeals during the past year should take these potential value declines into account when developing a growth percentage. 4. Neither Hinderliter del -lamas & Associates (sales tax) nor HdL Coren & Cone (property tax) have reliable data to project revenues 2, 3, 4, or 5 years into the future. Property tax is a trailing economic indicator due to the fact that the data upon which taxes are based are not available for purchase until 6 months after the lien date roll has been assembled. 5. HdL Sales Tax clients can review sales tax trends for your jurisdiction by pulling up annual or quarterly totals using the "print reports" function on your HdL Sales Tax browser. OBSERVATIONS: • In years where the growth in sales taxes and property taxes are the same percentage, AB 1221 has no fiscal impact. • In years where the property tax percentage growth is larger than the sales tax percentage growth, there is an advantage to AB 1221. • In years where the sales tax growth is larger than the property tax percentage growth, there is a disadvantage to AB 1221 being implemented as the overall tax receipts will be less than if AB 1221 is not adopted. • The legislation does not address how retroactive Sales Tax adjustments including appeals will be handled. • Individual cities need to take into account how AB 1221 will affect city to city, city to county, and city to developer sales tax sharing agreements. As drafted, AB 1221 does not specify how or if such agreements would be grandfathered. • Commercial and industrial property values on an acre by acre basis generally exceed those of residential properties. Commercial and industrial properties often have unsecured values attached that also generate property tax revenue. • AB 1221 is new legislation which has not been reviewed by any committee of the legislature. This legislation may not be enacted, or may be enacted is some different form. Page 2 of 2 http://www.hiilccpropertytax.com/ab 1221 cp. asp 5/12/03