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5/6/2003
THIS 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 6, 2003 STUDY SESSION: 4:30 p.m. CC -8 Fiscal Year 2003-04 Budget Public Comments CLOSED SESSION: 6:00 p.m. CC -8 Government Code Section 54957.6: Conference with Labor Negotiators City designated representative: Finance Subcommittee (MPT/Huff and M/Herrera) Unrepresented employee: Public Comments CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: ROLL CALL: APPROVAL OF AGENDA: City Attorney 6:30 p.m. Mayor Monsignor James Loughnane, St. Denis Catholic Church Council Members Chang, O'Connor, Zirbes, Mayor Pro Tem Huff, Mayor Herrera Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation of City Tile to Shear Artistry, as Business of the Month, May 2003 and display of Business of the Month video. 1.2 Presentation of Certificate Plaque to Diamond Ranch High School, awarded "California Distinguished School." 1.3 Recognizing the AYSO "2003 Cottontail Country Classic" Tournament Committee for the tournament held in April. MAY 6, 2003 PAGE 2 1.4 Proclaiming May 2003 as "Water Awareness Month." 1.5 Proclaiming May 2003 as "Fire Service Month." 1.6 Presentation by CalTrans representative regarding the 57/60 High Occupancy Vehicle (HOV) Freeway reconstruction project (lane construction). 1.7 Presentation by Public Information Division re: New City website. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when 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 TRAFFIC AND TRANSPORTATION COMMISSION MEETING - May 8, 2003 - 7:00 p.m., Board Hearing Room, AQMD/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. 5.3 PLANNING COMMISSION MEETING — May 13, 2003 — 7:00 p.m., Auditorium, AQMD/Government Center, 21865 E. Copley Dr. 5.4 DIAMOND BAR COMMUNITY FOUNDATION MEETING - May 15, 2003 - 7:00 p.m., Room CC -8, AQMD/Government Center, 21865 E. Copley Dr. 5.5 DIAMOND BAR COMMUNITY FOUNDATION STREET SIGN AUCTION - May 17, 2003 - 1:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Dr. 5.6 CITY COUNCIL MEETING - May 20, 2003 - 6:30 p.m., Auditorium, MAY 6, 2003 PAGE 3 AQMD/Government Center, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 CITY COUNCIL MINUTES: 6.1.1 Study Session of April 15, 2003 - Approve as submitted. 6.1.2 Regular Meeting of April 15, 2003 - Approve as submitted. Requested by: City Clerk 6.2 PARKS & RECREATION COMMISSION MINUTES - March 27, 2003 - Receive and File. Requested by: Community Services Division 6.3 WARRANTS - Approve Warrant Registers dated April 17, April 24 and May 1, 2003 in the amount totaling $962,693.13. Requested by: Finance Division 6.4 TREASURER'S STATEMENT - month of March 2003. Recommended Action: Review and approve. Requested by: Finance Division 101 ON I 9j axe] 0112 1 V 111 11 MI 16*1 6.5.1 EXONERATE 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). Recommended Action: Approve exoneration. 6.5.2 EXONERATE GRADING BOND (FAITHFUL PERFORMANCE BOND NO. 103172911693) IN THE AMOUNT OF $1,650 FOR ARCO FACILITY #5914 AT 3302 S. DIAMOND BAR BLVD. Recommended Action: Approve exoneration. Requested by: Public Works Division 6.6 THIS ITEM HAS BEEN REMOVED FROM THE AGENDA 6.7 AWARD OF 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 MAY 6, 2003 PAGE 4 AMOUNT OF $5,000 FOR A TOTAL AMOUNT OF $87,000. Recommended Action: Approve contract. Requested by: Community Services Division 6.8 APPROVAL OF LICENSE AGREEMENT WITH THE CITY OF INDUSTRY FOR GRAND AVE MEDIAN LANDSCAPE IMPROVEMENTS. Recommended Action: Approve License Agreement. Requested by: Community Services Division 6.9 ACCEPTANCE AND APPROPRIATION OF 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. Recommended Action: Accept donation and appropriate into the General Fund. Requested by: Community Services Division 6.10 ADOPT 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. Recommended Action: Adopt. Requested by: City Clerk 6.11 ADOPT RESOLUTION NO. 2003-18 APPROVING FISCAL YEAR 2002- 03 MID -YEAR BUDGET AMENDMENT (MAY REVISION). Recommended Action: Adopt Resolution. Requested by: Finance Division 6.12 STREET SWEEPING PARKING CITATION EXEMPTION/DISMISSAL POLICY. Recommended Action: Receive and file. Requested by: Public Works Division MAY 6, 2003 PAGE 5 6.13 LEGISLATIVE ISSUES: 6.13.1 ADOPT RESOLUTION 2003-19 OPPOSING AB 1221 (STEINBERG AND CAMPBELL) BALANCED COMMUNITIES ACT. Recommended Action: Adopt Resolution. 6.13.2 ADOPT RESOLUTION 2003-20 OPPOSING AB 496 (CORREA), UNLESS AMENDED TO INCLUDE LOS ANGELES COUNTY REPRESENTATION, LAND ACQUISITION APPROVAL AND PROHIBITION OF THE USE OF EMINENT DOMAIN. Recommended Action: Adopt Resolution. 6.13.3 ADOPT RESOLUTION 2003-21 SUPPORTING AB 1652 (NAKANO), EXPANSION OF THE LOS ANGELES METROPOLITAN TRANSPORTATION AUTHORITY BOARD. Recommended Action: Adopt Resolution. 6.13.4 APPROVE LETTER OF SUPPORT FOR SB 537 (ROMERO) - SOLID WASTE MANAGEMENT. Recommended Action: Approve letter. Requested by: City Manager 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard 7.1 CONTINUED PUBLIC HEARING - REVIEW OF EXTENDED STAY AMERICA RETAIL/COMMERCIAL DEVELOPMENT PROJECT REVIEW — A REQUEST FOR APPROVAL OF MITIGATED NEGATIVE DECLARATION NO. 2002-07, GENERAL PLAN AMENDMENT NO. 2002- 01, ZONE CHANGE NO. 2002-01, SPECIFIC PLAN NO. 2002-01, DEVELOPMENT REVIEW NO. 2002-07, CONDITIONAL USE PERMIT NO. 2002-05, AND TENTATIVE PARCEL MAP NO. 26771; FOR PROPERTY LOCATED AT 850 BREA CANYON ROAD (APN 8719-013- 010) (Walnut Valley Trailer Park Property). Continued from April 15, 2003. Recommended Action: Receive and file Applicants' Request for Withdrawal and take no further action. Requested by: Planning Division MAY 6, 2003 PAGE 6 8. COUNCIL CONSIDERATION: 8.1 ADOPT RESOLUTION NO. 2003-23: AMENDING RESOLUTION NO. 1996-41C, AMENDING THE PARKING PENALTY SCHEDULE AND LATE PAYMENT FEES. Continued from April 15, 2003. Recommended Action: Adopt Resolution No. 2003-23. Requested by: Public Works Division 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 �\ SUBJECT: Voucher Register, April 17, 2003 DATE: April 17, 2003 Attached is the Voucher Register dated April 17, 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 6, 2003. The checks will be produced after the scheduled meeting time and any recommended changes are made. Please review and sign the attached. AMOUNT PAGE: 1 PREPAID DATE CHECK 1,596.69 .00 1,596.69 1,596.69 138.88 .00 138.88 138.88 19.14 88.86 19.59 .00 127.59 127.59 155.00 .00 155.00 155-00 440.70 .00 440.70 440.70 200.00 .00 200.00 200.00 450.00 .00 450.00 450.00 44.00 .00 44.00 44.00 CITY OF DIAMOND BAR RUN DATE: 04/17/2003 15:25:52 VOUCHER REGISTER DUE THRU: 04/17/2003 FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION A ROYAL WOLF PORTABLE STORAGE INC 0015350-46250-- 12921 5100605 STORAGE EQ-PANTERA PARK TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR AMERICAN CLASSIC SANITATION 0015340-42130-- 12420 95370 RENTAL-LOREEER SCH TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR AT&T 0015310-42125-- LONG DIST CHRGS-COMM SVCS 0014090-42125-- LONG DIST CHRGS-GENERAL 0015340-42125-- LONG DIST CHRGS-SYC CYN TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR LYSA BLOOMFIELD 001-34760-- 886 RECREATION REFUND TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR BONTERRA CONSULTING INC 001-23011-- 3009 PROF.SVCS-FER 96-023 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR JEANNE HRENNER 001-23002-- 53098 PARK DEP REFUND -HERITAGE TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR COCA 0014010-42330-CC403-42330 44TH ANNL CCCA ANNL CONF-COUNCIL TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR CONNIE CHANG 001-34780-- 859 RECREATION REFUND TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR AMOUNT PAGE: 1 PREPAID DATE CHECK 1,596.69 .00 1,596.69 1,596.69 138.88 .00 138.88 138.88 19.14 88.86 19.59 .00 127.59 127.59 155.00 .00 155.00 155-00 440.70 .00 440.70 440.70 200.00 .00 200.00 200.00 450.00 .00 450.00 450.00 44.00 .00 44.00 44.00 CITY OF DIAMOND BAR RUN DATE: 04/17/2003 15:25:52 VOUCHER REGISTER PAGE: 2 DUE THRU: 04/17/2003 FUND/SECT-ACCT-PROJECT-ACCT CHARLES ABBOTT ASSOCIATES INC 0015551-45223-- 0a15551-45223-- 0U15551-45223-- 0015510-45227-- 0015551-45223-- 0015551-45223-- 0015551-45223-- 001555.1-45223-- 0015551-45223-- 0015510-45227-- 0015510-45227-- 0015510-45227-- 0015551-45223-- 0015551-45223-- 001-23012-- 0015551-45223-- 0015551-45223-- 0015510-45227-- 0015510-45227-- 0015510-45227-- 0015510-45227-- 0015510-45227-- 0015510-45227-- 0015510-45227-- 0015510-45227-- 0015510-45227-- 0015510-45227-- 0015551-45223--- CINTAS CORPORATION 0015310 -42130 -- 0015310 -42130 -- 0015310 -42130 -- 0015310 -42130 -- 0015310 -42130 -- COMMERCIAL LOCK AND SECURITY SYSTEM 0015340-42210-- PO # INVOICE DESCRIPTION 12850 1631 PROF.SVCS-PLAN CHECK 12898 1632 PROF.SVCS-PLAN CHECK 12926 1634 YROF.SVCS-PLAN CHECK 12910 1614 PROF.SVCS-INSPECTION 12653 1633 PROF.SVCS-PLAN CHECK 12645 1627 PROF.SVCS-PLAN CHECK 12815 1626 PROF.SVCS-PLAN CHECK 12902 1636 PROF.SVCS-PLAN CHECK 12821 1628 YROF.SVCS-PLAN CHECK 12911 1623 PROF SVCS -INSPECTION 12813 1620 PROF.SVCS-INSPECTION 12665 1615 PROF.SVCS-INSPECTION 12913 1643 PROF -SVCS -PLAN CHECK 12523 1635 PROF.SVCS-PLAN CHECK 1638 PROF.SVCS-EN 03-355 12561 1640 PROF.SVCS-PLAN CHECK 12928 1616 PROF.SVCS-PLAN CHECK 12914 1630 PROF -SVCS -INSPECTION 12901 1617 PROF.SVCS-INSPECTION 11457 1619 PROF.SVCS-INSPECTION 12851 1625 PROF.SVCS-INSPECTION 12897 1624 PROF.SVCS-INSPECTION 12971 1642 PROF.SVCS-INSPECTION 12859 1629 PROF.SVCS-INSPECTION 12833 1621 PROF.SVCS-INSPECTION 12896 1618 PROF.SVCS-INSPECTION 12978 1641 PROF.SVCS-INSPECTION 12876 1637 PROF -SVCS -PLAN CHECK TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 12317 150654257 UNFRM RNTL-WK 3/10 12317 150668813 UNFRM RNTL-WK 4/7 12317 150665206 UNFRM RNTL-WK 3/31 12317 150657922 UNFRM RNTL-WK 3/17 12317 150661551 UNFRM RNTL-WK 3/24 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 254549 MAINT-HERITAGE PARK TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR AMOUNT 127.50 127.50 232.50 127.50 157.09 127.50 127.50 279.00 127.50 127.50 115.50 136.05 127.50 160.41 279.00 203.81 127.50 93.00 46.50 93.00 93.00 46.50 46.50 46.50 93.00 46.50 46.50 368.76 .00 3,730.62 3,730.62 21.38 22.38 22.38 21.38 22.38 .00 109.90 109.90 96.75 .00 96.75 96.75 MARILYN CURTIS 001-34730-- 814 RECREATION REFUND 63.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 63.00 TOTAL DUE VENDOR 63.00 PREPAID DATE CHECK CITY OF DIAMOND BAR RUN DATE: 04/17/2003 15:25c52 VOUCHER REGISTER PAGE: 3 DUE THRU: 04/17/2003 PREPAID FUND/SECT—ACCT—PROJECT—ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK JIM DEFRIEND 0014070-42340-- REIMB—MICROSOFT TEST 125.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 125.00 TOTAL DUE VENDOR 125.00 CAROL DENNIS 0014040-44000—— 12383 DBCC040103 PROF.SVCS—CNCL MTG 4/1 200.00 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 200-00 TOTAL DUE VENDOR 200,00 DEPARTMENT OF CONSERVATION 001-34350—— SMIP FEES—SAN—MAR 03 800.18 TOTAL PREPAIDS .00 TOTAL VOUCHERS 800.18 TOTAL DUE VENDOR 800.18 DEPARTMENT OF TRANSPORTATION 0015554-45507—— 12111 163364 SIGNAL MAINT—FEB 03 1,141.85 TOTAL PREPAII)S .00 TOTAL VOUCHERS 1,141.85 TOTAL DUE VENDOR 1,141.85 DIAMOND BAR MOBIL 0015310-42200—— 008636 VEH MAINT—COMM SVCS VEH 323.61 TOTAL PREPAIDS .00 TOTAL VOUCHERS 323.61 TOTAL DUE VENDOR 323.61 DIAMOND BAR SENIOR CITIZENS CLUB 0014010-42325—CC303-42325 MTG—COUNCIL 22.00 0014010-42325—CC403-42325 MTG—COUNCIL 22.00 0014010-42325—CC203-42325 MTG—COUNCIL, 22.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 66.00 TOTAL DUE VENDOR 66.00 DOGGIE WALK BAGS INC 0015310-41200-— 200304039 SUPPLIES—PARKS 414.06 TOTAL PREPAIDS .00 TOTAL VOUCHERS 414.06 TOTAL DUE VENDOR 414.06 DRIVER ALLIANT INSURANCE SERVICES 001-23004—— JAN — MAR 03 SPCL EVNT INS—JAN—MAR 03 1,196.00 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 1,196.00 TOTAL DUE VENDOR 1,196.00 EXECUTIVE PROMOTIONAL PRODUCTS 0014095-41400—- 12934 161 PROMO ITMES—B/RAY CELEB 1,012.91 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,012.91 TOTAL DUE VENDOR 1.012.91 CITY OF DIAMOND BAR RUN DATE: 04/17/2003 15:25:52 VOUCHER REGISTER PAGE: 4 DUE THRU: 04/17/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK FILTERFRESH MOCHA TIME LLC 0014090-42325-- 219037 SUPPLIES -COFFEE 103.26 TOTAL PREPAIDS .00 TOTAL VOUCHERS 103.26 TOTAL DUE VENDOR 103.26 FIRST AMERICAN REAL ESTATE SOLUTION 0015210-42130-- 10742876 RENTAL -ASSESSOR'S ST MAPS 320,78 TOTAL PREPAIDS .00 TOTAL VOUCHERS 320.78 TOTAL DUE VENDOR 320.78 LYMAN FONG 001-34740-- 921 RECREATION REFUND 35.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 35.00 TOTAL DUE VENDOR 35.00 FOOTHILL BUILDING MATERIALS INC 0014440-41200-- 03095 SUPPLIES-EMER PREP 97.43 TOTAL PREPAIDS .00 TOTAL VOUCHERS 97.43 TOTAL DUE VENDOR 97.43 LUISA FUA 0014050-42330-- REIMB-PENTAMATION CONE 34.59 TOTAL PREPAIDS .00 TOTAL VOUCHERS 34.59 TOTAL DUE VENDOR 34.59 GF8 FRIEDRICH & ASSOCIATES INC 1395539-44000-- 12916 0304-36 LNDSCPNG ASSESSMT-DIST 39 888.94 1415541-44000-- 12916 0304-36 LNDSCPNG ASSESSMT-DIST 41 888.94 1385538-44000-- 12916 0304-36 LNDSCPNG ASSESSMT-DIST 38 888.94 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,666.82 TOTAL DUE VENDOR 2,666.82 GLASS EYE PRODUCTIONS 0015350-44000-- 12572 5595 VIDEOGRAPHY-JULY 4TH 668.33 0015350-44000-- 12572 5596 VIDEOGRAPHY-B/DAY CELEB 813.33 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 11481.66 TOTAL DUE VENDOR 1,481.66 GONZALEZ/GOODALE ARCHITECTS 2505215-46420-13899-46420 A10666 12220 ARCHTCTRL SVC-C/SVCS CNTR 1,215.00 2505215-46420-13899-46420 A10666 12218 ARCHTCTRL SVC-C/SVCS CNTR 3,615.00 2505215-46420-13899-46420 A10666 12219 ARCHTCTRL SVC-C/SVCS CNTR 552.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 5,382.00 TOTAL DUE VENDOR 5.382.00 CITY OF DIAMOND BAR RUN DATE: 04/17/2003 15:25:52 VOUCHER REGISTER PAGE: 5 DUE THRU: 04/17/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO H INVOICE DESCRIPTION AMOUNT DATE CHECK HALL & FOREMAN,INC 001-23012-- 13-02-014 PROF.SVCS-EN 02-354 984.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 984.00 TOTAL DUE VENDOR 984.00 GWENDOLYN HILL 001-23002-- 53089 PARK DEP REFUND-REAGAN 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 HOME DEPOT 0015340-42210-- SUPPLIES-HERITAGE PK 218.26 TOTAL PREPAIDS .00 TOTAL VOUCHERS 218.26 TOTAL DUE VENDOR 218.26 INLAND VALLEY DAILY BULLETIN 001-23010-- 188602 LEGAL AD-FPL 2001-15 193.20 001-23010-- 151104 LEGAL AD-FPL 2002-66 166.95 001-23010-- 47952 LEGAL AD-FPL 2002-01 161.70 001-23010-- 179310 LEGAL AD-FPL 2002-28 165.90 001-23010-- 154193 LEGAL AD-FPL 2002-67 156.45 0014090-42320-- 17933935 SUBSCRIPTION-4/22-3/22/04 160.80 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 1,005.00 TOTAL DUE VENDOR 1,005..00 INTERNATIONAL, PROTECTIVE SVCS INC 0014411-45410-- 12698 068608 CROSSING GUARD SVCS-MAR 9,870.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 9,870.00 TOTAL DUE VENDOR 9,870.00 S V GARCIA CONTRACTOR 0015340-42210-- CONCRETE WK-PANTERA PK 400.00 TOTAL PREPAIDS _00 TOTAL VOUCHERS 400.00 TOTAL DUE VENDOR 400.00 KENS HARDWARE 0015554-41300-- 9485 SUPPLIES-ROAD MAINT 13.47 0015554-41250-- 9485 SUPPLIES-ROAD MAINT 12.39 TOTAL PREPAIDS .00 TOTAL VOUCHERS 25.86 TOTAL DUE VENDOR 25.86 KOURY ENGINEERING & TESTING INC 2505215-46420-13899-46420 12681 905931-IN INSPECTION SVCS-C/SR CTR 3,155.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 3,155.50 TOTAL DUE VENDOR 3,155.50 CITY OF DIAMOND BAR RUN DATE: 04/17/2003 15:25:52 VOUCHER REGISTER PAGE: 6 DUE THRU= 04/17/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO H INVOICE DESCRIPTION AMOUNT DATE CHECK KUSTOM IMPRINTS INCOPR 0015350-41200-- 71533 SUPPLIES -RECREATION 271.59 TOTAL PREPAIDS .00 TOTAL VOUCHERS 271.59 TOTAL DUE VENDOR 271.59 LEWIS ENGRAVING INC 0014090-42113-- 12319 11067 ENGRVNG SVC-BADGE/PLATES 40.86 TOTAL PREPAIDS .00 TOTAL VOUCHERS 40.86 TOTAL DUE VENDOR 40.86 MCE CORPORATION 0015558-45508-- 12186 0302051 VEGETATION CNTRL-FEB 03 6,165.90 0015554-45512-- 12285 302050 STORM DRAIN MAINT-FEB 03 2,245.44 0015554-45506-- 12286 302050 STRIPING MAINT-FEB 03 7,937.56 0015554-45502-- 12283 302050 ROAD MAINT-FEB 03 6,188.10 0015554-45522-- 302050 RIGHT OF WAY SVCS -FEB 03 1,696.84 TOTAL PREPAIDS .00 TOTAL VOUCHERS 24,233.64 TOTAL DUE VENDOR 24,233.84 MICHAEL BRANDMAN ASSOCIATES INC 001-23010-- 32480 PROF.SVCS-FPL 94-25 1,224.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,224.00 TOTAL DUE VENDOR 1,224.00 MOBILE MODULAR MANAGEMENT GROUP 0015350-42140-- 12212 475193 LEASE PRTBL-SYC CYN PK 460.06 TOTAL PREPAIDS .00 TOTAL VOUCHERS 460.06 TOTAL DUE VENDOR 460.06 NATIONAL PEST CONTROL 0015558-45509-- 12961 36507 MAINT-CITY TREES 2,250.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,250.00 TOTAL DUE VENDOR 2,250.00 GARY L NEELY 0015210-44000-- 12343 040803-07 PROF.SVCS-GOV CONSULTANT 3,240.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 3,240.00 TOTAL DUE VENDOR 3,240.00 NEXTEL 0014090-42130-- 4/6/03 AIRTIME CHRGS-P/W,C/S,C/D 340.85 TOTAL PREPAIDS .00 TOTAL VOUCHERS 340.85 TOTAL DUE VENDOR 340.85 -- CITY OF DIAMOND BAR RUN DATE: 04/17/2003 15:25:52 VOUCHER REGISTER PAGE: 7 DUE THRU: 04/17/2003 PREPAID FUND/SECT-ACCT-PROSECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK OLYMPIC STAFFING SERVICES 0015310-44000-- 93041 TEMP SVCS -4/4 150.88 0015210-44000-- 93041 TEMP SVCS -4/1 158.88 TOTAL PREPAIDS .00 TOTAL VOUCHERS 317.76 TOTAL DUE VENDOR 317.76 PIONEER RESEARCH CORP 0015340-42210-- 159023 MAINT SUPPLIES -PARKS 220.60 TOTAL PREPAIDS .00 TOTAL VOUCHERS 220.60 TOTAL DUE VENDOR 220.60 R F DICKSON COMPANY 1155515-45500-- 12112 1143150 DEBRIS COMPSTNG-MAR 03 2,282.61 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,282.61 TOTAL DUE VENDOR 2,262.61 RAGLAND CONSTRUCTION CO INC 1383530-46410-- 2985/P012321 IRRIGATION METER-DIST 38 2,500.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,500.00 TOTAL DUE VENDOR 2,500.00 SONIA RETAMOSA 001-34760-- 949 RECREATION REFUND 75.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 75.00 TOTAL DUE VENDOR 75.00 SAN GABRIEL VALLEY MUNICIPAL ATHLET 0015350-45300-- TRACK MT FEES 375.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 375.00 TOTAL DUE VENDOR 375.00 SAN GABRIEL VALLEY TRIBUNE 001-23010-- I9705 LEGAL AD -FPL 2001-15 228.48 001-23010-- C5591 LEGAL AD -FPL 2002-66 183.12 001-23010-- 99784 LEGAL AD -FPL 2002-28 170.08 001-23010-- I5640 LEGAL AD -FPL 2003-01 171.36 TOTAL PREPAIDS .00 TOTAL VOUCHERS 761.04 TOTAL DUE VENDOR 761.04 SCALA BROADCAST MULTIMEDIA 0014095-44000-- 12542 7583 KIOSK TRNG-INFO SVCS 2,000.00 TOTAL PREPAIDS .Go TOTAL VOUCHERS 2,000.00 TOTAL DUE VENDOR 2.000.00 -' CITY OF DIAMOND BAR RUN DATE: 04/17/2003 15:25:52 VOUCHER REGISTER PAGE: 8 DUE THRU: 04/17/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK SHARP SEATING COMPANY 0015350-45310-- 12984 169 EXCRSN-ROSE PARADE 2004 1,006.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,006.00 TOTAL DUE VENDOR 1,006.00 SIGNAL MAINTENANCE INCORPORATED 0015554-45507-- 12325 51216847 EXTRA SIGNAL MAINT-MAR 03 47.00 0015554-45507-- 12325 51216593 TRFFC SIGNAL MAINT-MAR 03 2,142.00 0015554-45507-- 12325 51216847 EXTRA SIGNAL MAINT-MAR 03 270.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,.459.00 TOTAL DUE VENDOR 2,459.00 SMART & FINAL 0015350-41200-- 12354 72632 SUPPLIES -HERITAGE C/CTR 101.32 TOTAL PREPAIDS .00 TOTAL VOUCHERS 101.32 TOTAL DUE VENDOR 101.32 DUANE SMITH 001-36610-- 53090 PARK DEP REFUND -HERITAGE 53.75 001-23002-- 52854 PARK DEP REFUND -HERITAGE 200.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 253.75 TOTAL DUE VENDOR 253.75 SO COAST AIR QUALITY MANAGEMENT DIS 0014090-42210-- 13033 H0203213 ELECTRCL WK -CITY HALL 692.60 TOTAL PREPAIDS .00 TOTAL VOUCHERS 692.60 TOTAL DUE VENDOR 692.60 STITCHES UNIFORMS & EMBROIDERY 0014095-41400-- 12933 6046 PROMO ITEMS -CITY STORE 1,663.15 TOTAL PREPAIDS _00 TOTAL VOUCHERS 1,663.15 TOTAL DUE VENDOR 1,663-15 STUBBIE PROMOTIONAL 0014095-41400-- 12935 821 PROMO ITEMS-B/DAY CELEB 915.10 TOTAL PREPAIDS .00 TOTAL VOUCHERS 915.10 TOTAL DUE VENDOR 915-10 THE FLOWER SHOP 0014090-41400-- FLORAL ARRGMT-ROSE/LOWRY 105.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 105.00 TOTAL DUE VENDOR 105.00 CITY OF DIAMOND BAR RUN DATE: 04/17/2003 15:25:52 VOUCHER REGISTER PAGE: 9 DUE THRU: 04/17/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK THE WEEKLY NEWS -WALNUT 1155515-42115-- 3684 AD-HHW/COMPOSTING 3/15 350.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 350.00 TOTAL DUE VENDOR 350-00 TOMARK SPORTS INC 0015350-41200-- PSI68068 SUPPLIES -RECREATION 152.43 TOTAL PREPAIDS .00 TOTAL VOUCHERS 152.43 TOTAL DUE VENDOR 152.43 RITA TORRES 0014050-42330-- REIMB-PENTAMATION CONF 125.39 TOTAL PREPAIDS .00 TOTAL VOUCHERS 125.39 TOTAL DUE VENDOR 125.39 TUAN'S CORP 1264411-46250-- 12937 634487 EQ -WEB GEAR SHERIFF DEPT 3,853.12 TOTAL PREPAIDS .00 TOTAL VOUCHERS 3,853.12 TOTAL DUE VENDOR 3,853.12 URBAN ENTOMOLOGY ASSOCIATION 0015340-42210-- 287 BEE CONTROL -CITY TREE 4/8 150.00 0015340-42210-- 277 BEE REMOVAL,-SYC CYN 4/3 275.00 0015340-42210-- 286 BEE REMOVAL-SYC CYN PK 489.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 914.00 TOTAL DUE VENDOR 914.00 VERIZON WIRELESS -LA 0014010-42125-CC403-42125 31603 CELL CHRGS-COUNCIL 66.00 0014415-42125-- 31603 CELL CHRGS-V/PATROL 13-75 0014030-42125-- 31603 CELL CHRGS-CMGR 43.25 0014010-42125-CC203-42125 31603 CELL CHRGS-COUNCIL 43.25 1264411-42125-- 31603 CELL CHRGS-SHERIFF 32,75 0014090-42125-- 31603 CELL CHRGS-GENERAL 286.03 0014440-42125-- 31603 CELL CHRGS-EMER PREP 232.99 TOTAL PREPAIDS .00 TOTAL VOUCHERS 738.02 TOTAL DUE VENDOR 738.02 CITY OF DIAMOND BAR RUN DATE: 04/17/2003 15:25:52 VOUCHER REGISTER PAGE: 10 DUE THRU= 04/17/2003 FUND/SECT-ACCT-PROSECT-ACCT WELLS FARGO CARD SERVICES 0014090-41200-- 0014040-42340-- 0014095-41400-- 0014095-46220-- 0014050-42330-- 0014030-42125-- 0015310-42320-- 0014060-42325-- 0014090-42325-- 0015340-41200-- 0015350-41200-- 0014090-41200-- 0014095-41400-- 0014090-41200-- 0015510-42320-- 0015310-42340-- 0014090-41200-- WEST COAST ARBORISTS INC 0015558 -45509 -- 0015558 -45509 -- 0015556 -45509 -- 0015558 -45509 -- 0015558 -45509 -- 0015558 -45509 -- 0015558 -45509 -- 0015558 -45509 -- WEST END UNIFORMS 0014415 -41200 -- 0014415 -41200 -- PO # INVOICE DESCRIPTION REPORT TOTAL PREPAIDS REPORT TOTAL VOUCHERS REPORT TOTAL AMOUNT 12.92 250.00 133.95 379.90 226.00 10.72 60.00 82.17 21.09 51.59 16.74 -26.93 723.91 26-93 85.54 340.00 21.54 .00 2,418.07 2,418.07 372.80 553.80 1,490.30 3,998.50 3,885.20 276.90 319.50 553.80 .00 11,450.80 11.450.80 66.81 73.27 .00 140.08 140.08 PREPAID DATE CHECK .00 106,193.94 106,193..94 SUPPLIES -GENERAL TRAINING -CITY CLERK PROMO ITEMS-B/DAY CELEB DISPLAY UNITS -COUNCIL PENTAMATION CONF-FUA,TRRS PALMNET SVCS-DOYLE PUBLICATIONS -COMM SVCS MTGS-H/R SUPPLIES -GENERAL SUPPLIES -RECREATION SUPPLIES -RECREATION MEMO CREDIT -GENERAL SUPPLIES -CITY STORE SUPPLIES -GENERAL PUBLICATIONS -ENGINEERING TRAINING -D HENSLEY SUPPLIES -GENERAL TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 12135 27470 TREE PLANTING -FEB 03 12135 27595 WATERING MATNT-MAR 03 12135 27593 TREE MAINT-MAR 03 12135 27742 TREE MAINT-MAR 03 12135 27469 TREE MAINT-FEB 03 12135 27470 WATERING MAINT-FES 03 12135 27315 TREE MAINT-FEB 03 12135 27743 WATERING MAINT-MAR 03 TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR 12767 59774 SUPPLIES-V/PATROL 12767 59848 SUPPLIES-V/PATROL TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR REPORT TOTAL PREPAIDS REPORT TOTAL VOUCHERS REPORT TOTAL AMOUNT 12.92 250.00 133.95 379.90 226.00 10.72 60.00 82.17 21.09 51.59 16.74 -26.93 723.91 26-93 85.54 340.00 21.54 .00 2,418.07 2,418.07 372.80 553.80 1,490.30 3,998.50 3,885.20 276.90 319.50 553.80 .00 11,450.80 11.450.80 66.81 73.27 .00 140.08 140.08 PREPAID DATE CHECK .00 106,193.94 106,193..94 CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Mayor Herrera and Mayor Pro Tem Huff FROM: Linda G. Magnuson, Finance Director M SUBJECT: Voucher Register, April 24, 2003 DATE: April 24, 2003 Attached is the Voucher Register dated April 24, 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 6, 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 DI��ON� BAR VOUCHER ui5TER AFq"ROVAL The attached listing of vouchers dated April 24, 2003 have been reviewed, approved, and recommended for payment. Paymants are hereby allowed from the following funi-J.s in the�e amounts F�NO DESCRlPTlUm PREPAID VOjCH�RS 0�l GENERAL FUND 1�1,587'00 458,260.54 l�2 PROP A - TRAmSlT FUWD .0O 52,668-23 115 INTEGRATED WASTE MGT FUND .00 3,656-25 l25 COM DEV BLK GRANT FUND 00 7,7O8'16 120 CITIZENS OPT-PU8LI[ SFTY .00 625.55 .�V l,6G8,82 250 CAP7TAL I�PROV/PROJ FUND .00 73,745'86 REpOR7 F()R ALL FUNDG APPROVED BY: City Manager 181,587.00 Carol Herrera Mayor Mayor Pro Tem TDTA� 609,847.54 to`6b8.23 3'656.25 7,70f 't.zL. 625'55 1,h38.82 73,745.86 578, 779,940.41 CITY OF DIAMOND BAR RUN DATE: 04/24/2003 14:35:19 VOUCHER REGISTER PAGE: 1 DUE THRU: 04/24/2003 PREPAID FUND/SECT-ACCT-PROSECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK ADE INC 0014090-44000-- 12981 347502 GRANT WRTNG SVCS-MAR 03 314.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 314.50 TOTAL DUE VENDOR 314.50 ADVANCED APPLIED ENGINEERING INC 0015551-45222-- 12940 12651 TRAFFIC ENG-D/13 HIGH SCH 10,000..00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 10,000.00 TOTAL DUE VENDOR 10,000.00 ADVANCED INFRASTRUCTURE MNGMT INC 0015510-45221-- 12256 3 GIS IMPLMNTN PLN-MAR 03 250.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 250.00 TOTAL DUE VENDOR 250.00 ALBERTSONS 0015350-42353-- CAKES-B/DAY CELEB 05.90 TOTAL PREPAIDS .00 TOTAL VOUCHERS 85.98 TOTAL DUE VENDOR 85.98 ALPERT'S PRINTING INC 0014095-42110-- 25577 PRINT SVCS-BUS CARDS 74.28 TOTAL PREPAIDS .00 TOTAL VOUCHERS 74.20 TOTAL DUE VENDOR 74.28 APSI INC 2505215-46420-13899-46420 11731 20033-028-CS CONSTRCTN SVCS-COM SR CTR 29,672.85 TOTAL PREPAIDS .00 TOTAL VOUCHERS 29,672.85 TOTAL DUE VENDOR 29,672.85 AT&T 0014090-42125-- LONG FIST CHRGS-GENERAL 19.64 0014090-42125-- LONG DIST CHRGS-GENERAL 87.33 TOTAL PREPAIDS .00 TOTAL VOUCHERS 106.97 TOTAL DUE VENDOR 106.97 CAROLE S BURNES 0015350-42353-- 12997 PETTING ZOO-B/DAY CELEB 1,225.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,225.00 TOTAL DUE VENDOR 1,225.00 CAFE N STUFF 1255215-41200-D9690402-41200 A13039 SR LUNCHEON-HERITAGE C/CT 685.27 TOTAL PREPAIDS .00 TOTAL VOUCHERS 685.27 TOTAL DUE VENDOR 685.27 CITY OF DIAMOND BAR RUN DATE: 04/24/2003 14:35:19 VOUCHER REGISTER PAGE: 2 DUE THRU: 04/24/2003 PREPAID FUND/SECT-ACCT-PROSECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK CASH 0015350-42353-- CASH BOX CHNG-B/DAY CELEB 900.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 900.00 TOTAL DUE VENDOR 900.00 CINTAS CORPORATION 0015310-42130-- 12317 150672461 UNFRM RNTL-WK 4/14 22.38 0015310-42130-- 12317 150676113 UNFR.M RNTL-WK 4/21 22.38 TOTAL PREPAIDS .00 TOTAL VOUCHERS 44-76 TOTAL DUE VENDOR 44.76 CITY OF LA VERNE 0014411-45405-- FEB 03 PRKG CITE HRGS-FES 03 225.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 225.00 TOTAL DUE VENDOR 225.00 CITY OF LAKEWOOD 0014030-42330-- GONSALVES APPRCTN DNNR 72.77 0014010-42330-- GONSALVES APPRCTN DNNR 291.05 TOTAL PREPAIDS .00 TOTAL VOUCHERS 363.82 TOTAL DUE VENDOR 363.82 DAPEER ROSENBLIT & LITVAK LLP 0015210-44000-- 12769 10019 LEGAL SVCS-NGHBORHD IMPV 2,424.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,424-00 TOTAL DUE VENDOR 2,424,00 DAVID £VANS AND ASSOCIATES,INC ' 2505510-46416-19203-46416 A12564 121605 DESIGN SVCS-BREA CYN CTOF 1,787.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,767.00 TOTAL DUE VENDOR 1,7B7.00 DAY & NITE COPY CENTER 0015210-42110-- 176932 PRINT SVCS -PLANNING 186.41 0015210-42110-- 178216 PRINT SVCS -PLANNING 126.02 0015210-42110-- 177923 PRINT SVCS -PLANNING 406.07 TOTAL PREPAIDS .00 TOTAL VOUCHERS 718.50 TOTAL DUE VENDOR 718.50 CITY OF DIAMOND BAR RUN DATE: 04/24/2003 14:35:19 VOUCHER REGISTER PAGE: 3 DUE THRU: 04/24/2003. PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK DIAMOND BAR PETTY CASH 0015510-42325-- PWKS-MI`GS 26.57 0015310-42325-- COM SVCS-MTGS 8.00 0015210-42325-- PLNG-MTGS 16.00 0015350-44000-- REC-PROF.SVCS 12.00 0015340-42210-- PARKS-MAINT 5.40 0015350-41200-- REC-SUPPLIES 15.63 TOTAL PREPAIDS .00 TOTAL VOUCHERS 83-60 TOTAL DUE VENDOR 83.60 DIAMOND BAR/WALNUT YMCA 1255215-42355-D9690102-42355 A12304 MAR 03 CHILD CARE PROG-MAR 03 1,746.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,746.00 TOTAL DUE VENDOR 1,746.00 DIANA CHO & ASSOCIATES 1255215-44000-D9690602-44000 A12965 MAR 03 CDBG SVCS-MAR 03 1,420.00 1255215-44000-D9690602-44000 A12309 MAR 03 CDBG SVCS-MAR 03 530.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,950.00 TOTAL DUE VENDOR 1,950.00 DRIVER ALLIANT INSURANCE SERVICES 0015350-45300-- SPCL EVENT INS-EGG HUNT 525.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 525.00 TOTAL DUE VENDOR 525.00 FEDERAL EXPRESS 0014090-42120-- 465153032 EXPRESS MAIL-GENERAL 30.44 0014090-42120-- 465195714 EXPRESS MAIL-GENERAL 14.92 0014090-42120-- 465112779 EXPRESS MAIL-GENERAL 89.33 TOTAL PREPAIDS .00 TOTAL VOUCHERS 134.69 TOTAL DUE VENDOR 134.69 GONZALEZ/GOODALE ARCHITECTS 2505215-46420-13899-46420 A10666 12251 ARCHTCTRL SVC-C/SVCS CNTR 146.89 TOTAL PREPAIDS .00 TOTAL VOUCHERS 146.89 TOTAL DUE VENDOR 146.89 DAVID J GRUNDY 0015310-42330-- REIMB-CPRS CONF 167.20 TOTAL PREPAIDS .00 TOTAL VOUCHERS 167.20 TOTAL DUE VENDOR 167.20 CITY OF DIAMOND BAR RUN DATE: 04/24/2003 14:35:19 VOUCHER REGISTER PAGE: 4 DUE THRU: 04/24/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK HALL & FOREMAN,INC 0015551-45223-- 12968 1303012 PROF.SVCS-PLAN CHECK 463.46 0015510-45227-- 12912 1303011 PROF_SVCS-INSPECTION 127.50 0015551-45223-- 12820 1303010 PROF.SVCS-PLAN CHECK 31.87 00.1-23012-- 1303012 PROF.SVCS-EN 03-360 1,452.50 0015551-4.5223-- 12969 1303012 PROF.SVCS-PLAN CHECK 586-50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,661.83 TOTAL DUE VENDOR 2,661.63 HULS ENVIRONMENTAL MANAGEMENT, LLC 0015510-44240-- 12316 2395 NPDES SVCS -MAR 03 3,337.50 1155515-44000-- 12316 2394 DEPT OF CNSRVTN-MAR 03 1,575.00 1155515-44000-- 12316 2396 SOLID WASTE SVCS -MAR 03 2.,081.25 TOTAL PREPAIDS .00 TOTAL VOUCHERS 6,993.75 TOTAL DUE VENDOR 6,993.75 ICMA RETIREMENT TRUST -457 001-21108-- PP 09 APR 03 -PAYROLL DEDUCTIONS 2,770.89 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,770.89 TOTAL DUE VENDOR 2,770.89 INLAND EMPIRE STAGES 1125360-45310-- 12985 9288 EXCURSION -TRANSPORTATION 595.50 0015350-45310-- 12985 9288 EXCRSN-LA FRMRS MRKT/IMAX 770.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,365.50 TOTAL DUE VENDOR 1,365.50 INLAND VALLEY HUMANE SOCIETY 0014431-45403-- 12360 425002002050 ANIMAL CONTROL -MAY 03 5,437.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 5,437.00 TOTAL DUE VENDOR 5,437.00 JAMES EVENT PRODUCTIONS 0015350-42353-- 13045 06450 CARNIVAL RIDES-B/DAY CELE 11,150.00 0015350-42353-- 13045 06450 CARNIVAL RIDES-B/DAY CELE 5,000.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 16,150.00 TOTAL DUE VENDOR 16,150-00 JENKINS & HOGIN, LLP 0014020-44020-- 10949 GEN LEGAL SVCS -COMM SVCS 94.50 0014020-44020-- 10950 GEN LEGAL SVCS-P/WKS MAR 688.50 0014020-44020-- 10947 GEN LEGAL SVCS -MAR 03 3,442.50 0014020-44020-- 10948 GEN LEGAL SVCS -COM DEV 594.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 4,819.50 TOTAL DUE VENDOR 4,819-50 CITY OF DIAMOND BAR RUN DATE: 04/24/2003 14:35:19 VOUCHER REGISTER PAGE: 5 DUE THRU: 04/24/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO INVOICE DESCRIPTION AMOUNT DATE CHECK JTB SUPPLY COMPANY 0015554-45507-- 12842 2836 EQ -FIRE STATION FLASHER 4,715.14 TOTAL PREPAIDS .00 TOTAL VOUCHERS 4,715.14 TOTAL DUE VENDOR 4,715.14 JUDICIAL DATA SYSTEMS CORPORATION 0014411-45405-- 3702 PARKING CITE ADMIN -MAR 03 2,344.24 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,344.24 TOTAL DUE VENnOR 2,344.24 KLEINFELDER INC 001-23012-- 92059 PROF.SVCS-EN 02-341 360.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 360.00 TOTAL DUE VENDOR 360.00 KOSMONT & ASSOCIATES INC 0015240-44000-- A12756 10 PROF.SVCS-ECON DEV MAR 375.40 TOTAL PREPAIDS .00 TOTAL VOUCHERS 375.40 TOTAL DUE VENDOR 375.40 KOURY ENGINEERING & TESTING INC 2505215-46420-13899-46420 12681 905980 -IN INSPECTION SVCS-C/SR CTR 3,553.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 3,353.00 TOTAL DUE VENDOR 3,553.00 LA COUNTY SHERIFF'S DEPT 001-21114-- PP 08-09 SLRY ATTCHMT-SVA022922 516.93 TOTAL PREPAIDS .00 TOTAL VOUCHERS 516.93 TOTAL DUE VENDOR 516.93 LDM ASSOCIATES INC 1255215-44000-60050302-44000 614 HOME IMPVMT PROG-MAR 03 3,014.39 0015210-44000-- 607 PROF.SVCS-LAFCO MTG 75.00 001-23010-- 607 PROF.SVCS-FPL 2002-25 364.22 001-23010-- 607 PROF.SVCS-FPL 2002-17 2,820.35 001-23010-- 607 PROF -SVCS -FPL 2002-34 70.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 6,343.96 TOTAL DUE VENDOR 6,343.96 LEIGHTON & ASSOCIATES, INC 2505215-46420-13899-46420 11453A LEI14659 GEOTECH-COMM/SR CENTER 3,557.07 001-23012-- LEI14658 PROF.SVCS-EN 0.2-331 281.57 TOTAL PREPAIDS .00 TOTAL VOUCHERS 3,83B.64 TOTAL DUE VENDOR 3,838.64 CITY OF DIAMOND BAR RUN DATE: 04/24/2003 14:35:19 VOUCHER REGISTER PAGE: 6 DUE THRU: 04/24/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO it INVOICE DESCRIPTION AMOUNT DATE CHECK LIEBERT CASSIDY WHITMORE 0014060-44021-- 12261 30438 SPCL LEGAL SVCS-MAR 03 96.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 96.00 TOTAL DUE VENDOR 96.00 LIVE SOUND CONCEPTS 0015350-42353-- 13043 42703 SOUND EQ-13/DAY CELEB 600.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 600.00 TOTAL DUE VENDOR 600.00 LOS ANGELES COUNTY - MTA 1125553-45535-- 12554 T33382 MTA TOKENS-APR 03 1,800.00 1125553-45533-- 12553 4030488 CITY SUBSIDY-APR 03 648.20 1125553-45535-- 12553 4030488 MTA PASSES-APR 03 1,413.80 TOTAL PREPAIDS .00 TOTAL VOUCHERS 3,862.00 TOTAL DUE VENDOR 3,862.00 LOS ANGELES COUNTY DIST. ATTORNEY 001-21114-- PP 08-09 SLRY ATTC14MT-BD0001469 145.60 001-21114-- PP 08-09 SLRY ATTCHMT-BY0426064 205-70 TOTAL PREPAIDS .00 TOTAL VOUCHERS 351.30 TOTAL DUE VENDOR 351.30 LOS ANGELES COUNTY SHERIFF'S DEPT 0014411-45402-- 55160 C/CHAPEL TRFFC CNTRL-MAR 6,908.93 0014411-45401-- 55205 CONTRACT SVCS-MAR 03 319,750.28 0014411-45402-- 55160 SCHL TRFFC CONTRL-MAR 03 2,638.35 0014411-45402-- 54374 STAR PROGRAM -MAR 03 0,281.42 1125553-45402-- 55045 TRANSIT SALES-MAR 03 108.73 TOTAL PREPAIDS .00 TOTAL VOUCHERS 337,687.71 TOTAL DUE VENDOR 337,687.71 LINDA C LOWRY 0014030-42325-- REIMB-SGV CM MTG 84.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 84.00 TOTAL DUE VENDOR 84.00 MAGNUS INTERNATIONAL 0014090-42110-- 12205 103611 PRINT SVCS-BUS CARDS 55.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 55.00 TOTAL DUE VENDOR 55.00 MCR CORPORATION 0015558-45508-- 12166 0303082 VEGETATION CNTRL-MAR 03 4,127.49 TOTAL PREPAIDS .00 TOTAL VOUCHERS 4,127.49 TOTAL DUE VENDOR 4,127.49 CITY OF DIAMOND BAR RUN DATE: 04/24/2003 14:35:19 VOUCHER REGISTER PAGE: 7 DUE THRU: 04/24/2003 PREPAID FUND/SECT-ACCT-PROSECT-ACCT PO 4 INVOICE DESCRIPTION AMOUNT DATE CHECK METROLINK 1125553-45535-- 12551 123694 METROLINK PASSES-APR 03 38,481.60 1125553-45533-- 12551 123694 CITY SUBSIDY-APR 03 9,620.40 TOTAL PREPAIDS .00 TOTAL VOUCHERS 48,102.00 TOTAL DUE VENDOR 48,102.00 MONTE MONTGOMERY 0015350-45300-- 4/25/03 PERFORMANCE-HERITAGE C/CT 250.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 250.00 TOTAL DUE VENDOR 250.00 MT. BALDY UNITED WAY 001-21113-- PP 06-09 PAYROLL DEDUCTIONS 55.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 55.00 TOTAL DUE VENDOR 55.00 NEW WEST SIGNAL 2505510-46412-16701-46412 12699 0249-5 TRFFC SGNAL-DB/CLR CREEK 8,360.77 2505510-46412-16801-46412 12699 0249-5 TRFFC SGNAL-G/SPRNG/S/GLN 6,485.41 2505510-46412-14399-46412 12699 0249-5 TRFFC SGNAL-DB/SR 57 NB 8,360.77 2505510-46412-16601-46412 12699 0249-5 TRFFC SGNAL-DB/SLVR HAWK 8,360.77 2505510-46412-16601-46412 12699 0249-5 TRFFC SGNAL-DB/SLVR HAWK 625.11 2505510-46412-14399-46412 12699 0249-5 TRFFC SGNAL-DB/SR 57 NB 625.11 2505510-46412-16701-46412 12699 0249-5 TRFFC SGNAL-DB/CLR CRFEK 625.11 TOTAL PREPAIDS .00 TOTAL VOUCHERS 33,443.05 TOTAL DUE VENDOR 33,443.05 NICK LAZARIS PSY.D. 0014090-44000-- 12479 APR 03 PROF.SVCS-LEADERSHP DEV 275.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 275.00 TOTAL DUE VENDOR 275.00 PACIFIC TIME RECORDER 0015210-46200-- 25056 TIME STAMP MACHINE-PLNG 704.80 TOTAL PREPAIDS .00 TOTAL VOUCHERS 704.80 TOTAL DUE VENDOR 704.80 PAYROLL TRANSFER 001-10200-- PP 05A/03 PAYROLL TRANSFER B.0.0 04/24/2003 PP05A/03 001-10200-- PP 09/03 PAYROLL TRANSFER 93,300.00 04/24/2003 PP 08/03 001-10200-- pp 09/03 PAYROLL TRANSFER-PP 09/03 66,100-00 04/24/2003 PP 09/03 001-10200-- PP 08A/03 PAYROLL TRANSFER 179.00 04/24/2003 PPOBA/03 TOTAL PREPAIDS 181,587.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 181,587.00 CITY OF DIAMOND BAR RUN DATE: 04/24/2003 14:35:19 VOUCHER REGISTER PAGE: 8 DUE THRU: 04/24/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO INVOICE DESCRIPTION AMOUNT DATE CHECK PERS HEALTH 0.014060-40093-- PP 08-09 ADMIN FEE 34.66 001-21105-- PP 08-09 MAY 03 -HEALTH INS PREMS 17,329.75 TOTAL PREPAIDS .00 TOTAL VOUCHERS 17,364.4L TOTAL DUE VENDOR 17,364.41 PERS RETIREMENT FUND 001-21109-- PP 09/03 RETIRE CONTRIB-EE 5,662.69 001-21109-- PP 09/03 SURVIVOR BENEFIT 37.20 001-21109-- PP 09/03 RETIRE CONTRIB-ER 3,901..20 0014010-40080-- PP 09/03 CC -RETIRE CONTRIB-EE/ER 291.45 0014010-40090-- PP 09/03 CC -SURVIVOR BENEFIT 10.00 TOTAL PREPAIDS -00 TOTAL VOUCHERS 10,102.54 TOTAL DUE VENDOR 10,102.54 POMONA UNIFIED SCHOOL DISTRICT 0015350-42140-- 12225 03038 FACILITY RNTL-NOV-DEC 02 187.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 187.50 TOTAL DUE VENDOR 187.50 PYRO SPECTACULARS INC 0015350-45300-- 13021 DEPOSIT DEPOSIT -JULY 4TH FIREWORK 5,000.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 5,000.00 TOTAL DUE VENDOR 5,000.00 R & D BLUEPRINT 0015210-42110-- 12308 3152 PRINT SVCS -PLANNING 49.80 0015510-42110-- 3324 PRINT SVCS-P/WORKS 356.94 TOTAL PREPAIDS .00 TOTAL VOUCHERS 406.74 TOTAL DUE VENDOR 406.74 RA.LPHS GROCERY COMPANY 0015350-42353-- CAKES-B/DAY CELEB 54,98 TOTAL PREPAIDS .00 TOTAL VOUCHERS 54.98 TOTAL DUE VENDOR 54.98 S C SIGNS & SUPPLIES LLC 0015554-41250-- 23825 SUPPLIES -ROAD MAINT 129.58 TOTAL PREPAIDS .00 TOTAL VOUCHERS 129.58 TOTAL DUE VENDOR 129.58 0015230-42340-- SCACEO TRNG-SORIANO 30.00 0015230-42340-- SCACEO TRNG-FLORES 15.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 45.00 TOTAL DUE VENDOR 45-00 CITY OF DIAMOND BAR RUN DATE: 04/24/2003 14:35:19 VOUCHER REGISTER PAGE: 9 DUE THRU: 04/24/2003 PREPAID FUND/SECT-ACCT-PROSECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK SAN GABRIEL VALLEY COUNCIL OF GOVTS 0015510-42325-- SGVCOG MTG-D LIU 4/28 20.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 20.00 TOTAL DUE VENDOR 20.00 SATORI 0014070-44000-- 13012 MAR 03 IMPLMNTN SVCS -TELE -WORKS 2,468.75 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,468.75 TOTAL DUE VENDOR 2,468.75 SECTRAN SECURITY INC 0014090-44000-- A12287 4111 COURIER SVCS -APR 03 240.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 240.00 TOTAL DUE VENDOR 240.00 SERVICE CENTER FOR INDEPENDENT LIV 1255215-42355-60009802-42355 A12303 7 CDBG PROGRAM -MAR 03 312.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 312.50 TOTAL DUE VENDOR 312.50 WARREN SIECKE 2505510-46412-16601-45412 12662 5084 TRFFC SGNL-D/B/SLVR/HAWK 396.50 0015554-49520-- 12324 5085 TRFFC ENG SVCS -APR 03 308.50 250.5510-46412-16701-46412 12662 5084 TRFFC SGNL-D/B C/CRK CYN 396.50 2505510-46412-14399-46412 12662 5084 TRFFC SGNL-D/S/SR57 NB 396.50 0015551-45222-- 12906 5087 PROF -SVCS -TRAFFIC COUNTS 736.00 2505510-46412-16801-46412 12662 5084 TRFFC SGNL-G/SPGS/S/GLEN 396.5D 001-23012-- 5083 PROF.SVCS-EN 03-358 162.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,792.50 TOTAL DUE VENDOR 2,792.50 SOUTHERN CALIFORNIA EDISON 1385538-42126-- ELECT SVCS-DIST 38 13.82 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 51.94 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 95.67 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 64.93 TOTAL PREPAIDS .00 TOTAL, VOUCHERS 226.56 TOTAL DUE VENDOR 226.56 SOUTHLAND SPORTS OFFICIALS 0015350-45300-- 12291 OFFICIAL SVCS -4/4-4/15/03 1,414.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,414.00 TOTAL DUE VENDOR 1,414.00 CITY OF DIAMOND BAR RUN DATE: 04/24/2003 14:35:19 VOUCHER REGISTER PAGE: 10 DUE THRU: 04/24/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO INVOICE DESCRIPTION AMOUNT DATE CHECK SPORT SUPPLY GROUP INC 0015350-41200-- 91139019 SUPPLIES -RECREATION 117.38 TOTAL PREPAIDS .00 TOTAL VOUCHERS 117.38 TOTAL DUE VENDOR 117.38 MARK ST ANANT 1264411-46250-- REIMB-EQ-SHERIFF/V PATROL 376.59 1264411-46250-- REIMB-EQ SHERIFF/V PATROL 246.96 TOTAL PREPAIDS .00 TOTAL VOUCHERS 625.55 TOTAL DUE VENDOR 625.55 STATE OF CALIFORNIA 001-21114-- PP 08-09 SLRY ATTCHMT-611563823 12.8.78 TOTAL PREPAIDS .00 TOTAL VOUCHERS 128..76 TOTAL DUE VENDOR 128.76 STITCHES UNIFORMS & EMBROIDERY 0014010-41200-- 13009 6040 SHIRTS-B/DAY CELEB 89.34 0014030-41200-- 13009 6040 SHIRTS-B/DAY CELEB 41.68 0015210-41200-- 13009 6040 SHIRTS-B/DAY CELEB 114.87 0015510-41200-- 13009 6040 SHIRTS-B/DAY CELEB 111.26 0015350-41200-- 13009 6040 SHIRTS-3/DAY CELEB 118.29 0015350-41200-- 6047 SUPPLIES -RECREATION 460.28 0015350-42353-- 13009 6040 SHIRTS-B/DAY CELEB 227.63 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,163.35 TOTAL DUE VENDOR 1,163.35 SUBWAY 0014090-42325-- 12210 63967 SUPPLIES -COUNCIL MTG 4/15 14.97 TOTAL PREPAIDS .00 TOTAL VOUCHERS 14.97 TOTAL DUE VENDOR 14.97 SUNGARI) PENTAMATION INC 0014050-42340-- 16664 PENTAMATION CONF-FUA/TRRS 1,190.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,190.00 TOTAL DUE VENDOR 1,190.00 THE RELIZON COMPANY 00.14411-45405-- 13036 53249901 PARKING CITATION -SHERIFF 1,746.16 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,746.16 TOTAL DUE VENDOR 1,746.16 UNITED STATES POSTAL SERVICE 0014090-42120-- REPLENISH POSTAGE METER 2,500.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 21500.00 TOTAL DUE VENDOR 2,500.00 REPORT TOTAL PREPAIDS REPORT TOTAL VOUCHERS REPORT TOTAL PAGE: 11 PREPAID AMOUNT DATE CHECK 1,675.00 .00 1,675.00 1,675.00 150.00 150.00 .00 300-00 300.00 999.00 .00 999.00 999.00 56.53 46-92 998.79 00 1,102.24 1,102.24 150.00 .00 150.00 150.00 49.98 .00 49.98 49.98 227.50 .00 227.50 227.50 28.00 .00 28.00 28.00 181,587.00 598,353.41 779,940.41 CITY OF DIAMOND HAY. RUN DATE: 04/24/2003 14:35:19 VOUCHER REGISTER DUE THRU: 04/24/2003 FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION URBAN EN'T'OMOLOGY ASSOCIATION , 1385538-42210-- 12991 267 GOPHER CONTROL-B/CYN RD TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR US POSTAL SERVICE 0014095-42120-- PERMIT 43339 BULK MAIL PERMIT -1ST CLSS 0014095-42120-- PERMIT #3339 BULK MAIL PERMIT -STANDARD TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR VELOCITY NETWORKS INC 0014090-42125-- MONTHLY COMP MAINT TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR VERIZON CALIFORNIA 0014090-42125-- 9093969774 PH.SVCS-DATA MODEM 0014070-42125-- 8887772489 PH.SVCS-INFO TO GO 0014090-42125-- 9091973128 PH.SVCS-GENERAL TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR VERMONT SYSTEMS INC 0015350-42340-- 10406 TRAINING -C MURPHEY TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR VONS 0015350-42353-- CAKES-B/DAY CELEB TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR PAUL WRIGHT 0014090-44000-- 12208 A/V SVCS-CNCL,AD RVW TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR MARIE ZIERK 001-34730-- 855 RECREATION REFUND TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR REPORT TOTAL PREPAIDS REPORT TOTAL VOUCHERS REPORT TOTAL PAGE: 11 PREPAID AMOUNT DATE CHECK 1,675.00 .00 1,675.00 1,675.00 150.00 150.00 .00 300-00 300.00 999.00 .00 999.00 999.00 56.53 46-92 998.79 00 1,102.24 1,102.24 150.00 .00 150.00 150.00 49.98 .00 49.98 49.98 227.50 .00 227.50 227.50 28.00 .00 28.00 28.00 181,587.00 598,353.41 779,940.41 CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Mayor Herrera and Mayor Pro Tem Huff FROM: Linda G. Magnuson, Finance Director SUBJECT: Voucher Register, May 1, 2003 DATE: May 1, 2003 Attached is the Voucher Register dated May 1, 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 6, 2003. The checks will be produced after the scheduled meeting time and any recommended changes are made. Please review and sign the attached. CITY 0F O%AMOND BAK The o.ttI rl 1,sting oT ,I"!ay �, 2003 �ave been revie���, approved, and recommended for payment. Pa�ments are herehy allfollowing Funin these amoun�s F�ND DE3CRIPTION PREPAI� VOUCHERS TDTAL 001 GE�ERAL FUND �4,717.80 44,747'8O .OV lRANSIT FUND .00 1�,267.09 12,267.V9 118 AIR pLTY IMPi" FD (A82766/ .CV 95.3� 95.36 �26 CITJ'Z ENS OPT -PUBLIC 6FTY .00 �35.36 135.36 138 LLAD #38 FUND 'O0 1,713.50 1,713.50 139 LL�Q t 66.30 566.30 111 LLAD #41 FL!MD .0... 84�.45 8�9.45 25� CA�TT�L JMPR�V/PR�� FUND .�0 l�,l83.9Z l6,i83.92 PEPURT FOR AiL FUmDS APPHOVED BY: Ci�v �anauer .00 76,558.78 7�,558.78 Carol Herrera Mayor Mayor Pro Tem CITY OF DIAMOND BAR RUN DATE: 05/01/2003 10:05:21 VOUCHER REGISTER PAGE: 1 DUE THRU: 05/01/2003 PREPAID FUND/SECT-ACCT-PRO,7ECT-ACCT PO 4 INVOICE DESCRIPTION AMOUNT DATE CHECK ADELPHIA 0014010-42125-CC503-42125 MODEM SVCS -COUNCIL 44.95 0014010-42125-CC403-42125 MODEM SVCS -COUNCIL 44.95 TOTAL PREPAIDS •00 TOTAL VOUCHERS 89.90 TOTAL DUE VENDOR 89.90 AGRICULTURAL COMM. WGHTS MEASURES 0014431-45406-- 12512 1614H TRAPPING SVCS -MAR 03 879-98 TOTAL PREPAID$ .00 TOTAL VOUCHERS879.98 TOTAL DUE VENDOR 879.98 ALPERT'S PRINTING INC 0014010-42110-- 25598 PRINT SVCS -BUS CARDS 59.13 TOTAL PREPAIDS .00 TOTAL VOUCHERS 59.13 TOTAL DUE VENDOR 59.13 EILEEN ANSARI 0015350-42353-- 1042 REFUND -BOOTH RENTAL 95.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 95.00 TOTAL DUE VENDOR 95.00 NESTOR RATIN 001-34780-- 1036 RECREATION REFUND 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 BOULEVARD BAGELS 0014090-42325-- 1298 MTG SUPPLIES-QRTLY B/FAST 257.95 TOTAL PREPAIDS .00 TOTAL VOUCHERS 257.95 TOTAL DUE VENDOR 257-95 TON DEI CHIU 001-23012-- REFUND -EN 01-304 64.80 TOTAL PREPAIDS .00 TOTAL VOUCHERS 64.80 TOTAL DUE VENDOR 64.80 DAVID EVANS AND ASSOCIATES,INC 2505510-46416-18302-46416 12116 115630 DESGN SVCS-DBD/MTN LAUREL 150.00 2505510-46416-18202-46416 12116 115630 DESGN SVCS-PKWY/GRNDL/SCR 150.00 2505510-46416-18102-46416 12116 121422 DESGN SVCS-PTHFNDR/EVRGRN 130.00 2505510-46416-18102-46416 12116 115630 DESGN SVCS-PTHFNDR/EVRGRN 150.00 2505510-46416-18202-46416 12116 121422 DESGN SVCS-PKWY/GRNDL/BCR 130.00 2505510-46416-18302-46416 12116 121422 DESGN SVCS-DBB/MTN LAUREL 130.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 840.00 TOTAL DUE VENDOR 840.00 CITY OF DIAMOND BAR RUN DATE: 05/01/2003 10:05:21 VOUCHER REGISTER PAGE: 2 DUE THRU: 05/01/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK DAY & NITE COPY CENTER 0015350-42353-- 179453 PRINT SVCS-B/DAY CF,LEB 19.39 0015350-42353-- 179295 PRINT SVCS-B/DAY CELEB 60.32 0015350-42110-- 179295 PRINT SVCS -RECREATION 169.14 0015350-42353-- 179615 PRINT SVCS-B/DAY CELEB 29.07 TOTAL PREPAIDS .00 TOTAL VOUCHERS 277.92 TOTAL DUE VENDOR 277.92 DELTA DENTAL O01-21104-- PP 08-09 MAY 03 -DENTAL PREMIUMS 1,276.49 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,276.49 TOTAL DUE VENDOR 1,276.49 CAROL DENNIS 0014040-44000-- 12383 D8CC041503 PROF-SVCS-CC,RDA,PFA,CC 525.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 525.00 TOTAL DUE VENDOR 525.00 DIVERSIFIED PARATRANSIT INC 1125553-45529-- 12415 DIAMOND RIDE -3/16-3/31/03 12,267.09 TOTAL PREPAIDS .00 TOTAL VOUCHERS 12,267.09 TOTAL DUE VENDOR 12,267.09 DUBBERLY GARCIA ASSOCIATES INC 0014090-44000-- 12660 ISO LIBRARY CNSLTNG SVCS -APR 7,670.66 TOTAL PREPAIDS .00 TOTAL VOUCHERS 7,670.66 TOTAL DUE VENDOR 7,670.66 EGGS WEST 0015350-41200-- 107735 SUPPLIES -EASTER EGG HUNT 270.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 270.00 TOTAL DUE VENDOR 270.00 GRAPHICS UNITED 0014095-42110-- 12763 9419 PRINT SVCS -CITY NEWS MAY 1,402.55 0014095-42121-- 12763 9419 MAILING -CITY NEWS MAY 220.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,622.55 TOTAL DUE VENDOR 1,622.55 HALL & FOREMAN,INC 0015551-45223-- 13029 1302013 PROF.SVCS-PLAN CHECK 1,957.50 001-23012-- 1302013 PROF.SVCS-EN 02-350 577.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,535.00 TOTAL DUE VENDOR 2,535.06 CITY OF DIAMOND BAR RUN DATE: 05/01/2003 10:05:21 VOUCHER REGISTER PAGE: 3 DUE THRU: 05/01/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK JESSICA HALL 0015350-45300-- 12216 CONTRACT CLASS -SPRING 502.20 TOTAL PREPAIDS .00 TOTAL VOUCHERS 502.20 TOTAL DUE VENDOR 502.20 HALLMARK PROMOTIONS INC 0014095-41400-- 97230 PROMO ITEMS-B/DAY CELEB 240-75 TOTAL PREPAIDS .00 TOTAL VOUCHERS 240.75 TOTAL DUE VENDOR 240.75 HIRSCH & ASSOCIATES INC 2505310-46415-15700-46415 0001 RE 48 ADA PARK IMPVMT-SYC CYN 23.92 TOTAL PREPAIDS .00 TOTAL VOUCHERS 23.92 TOTAL DUE VENDOR 23.92 KULI IMAGE INC 0014095-41400-- 12983 71582 MERCHANDISE -CITY STORE 673.18 TOTAL PREPAIDS .00 TOTAL VOUCHERS 673.18 TOTAL DUE VENDOR 673.18 ANGEL Y KWAN 0015350-45300-- 12671 CONTRACT CLASS -SPRING 144.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 144.00 TOTAL DUE VENDOR 144.00 LANDS- END 0014095-41400-- 2662641 PROMO ITMES-CITY STORE 108.63 TOTAL PREPAIDS .00 TOTAL VOUCHERS 108.63 TOTAL DUE VENDOR 108.63 CONSTANCE J LILLIE 0015350-45300-- A12219 CONTRACT CLASS -WINTER 37.80 TOTAL PREPAIDS .00 TOTAL VOUCHERS 37.80 TOTAL DUE VENDOR 37.80 MANAGED HEALTH NETWORK 001-21115-- MAY 2003 -EAP PREMIUMS 86.95 TOTAL PREPAIDS .00 TOTAL VOUCHERS 86.95 TOTAL DUE VENDOR 86-95 MOBILE MODULAR MANAGEMENT GROUP 0015350-42140-- 12212 482523 LEASE PRTBL-SYC CYN PK 460.06 TOTAL PREPAIDS .00 TOTAL VOUCHERS 460-06 TOTAL DUE VENDOR 460.06 CITY OF DIAMOND BAR RUN DATE: 05/01/2003 10:05:21 VOUCHER REGISTER PAGE: 4 DUE THRU: 05/01/2003 PREPAID FUND/SECT-ACCT-PROSECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK MTGL INC 2505215-46420-13899-46420 13034 15020 STRCTRL TSTNG-COMM SR CTR 15,320.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 15,320.00 TOTAL DUE VENDOR 15,320.00 MUNICIPAL CODE CORPORATION 0014040-44000-- 12996 53383 PUBLICATION -CITY CODE 516.69 TOTAL PREPAIDS .00 TOTAL VOUCHERS 516.69 TOTAL DUE VENDOR 516.69 NATIONAL PEN 0014090-41400-- 101683865 PROMO ITEMS -PENS 118.95 TOTAL PREPAIDS .00 TOTAL VOUCHERS 116.95 TOTAL DUE VENDOR 118-95 P 6, D CONSULTANTS INC 1395539-44000-- A12363 48174770-13 WATER MGMT-DIST 39 APR 03 566.30 0015340-44000-- A12363 48174770-13 WATER MGMT-PARKS APR 03 1,415.75 1415541-44000-- A12363 48174770-13 WATER MGMT-DIST 41 APR 03 849.45 1385538-44000-- A12363 48174770-13 WATER MGMT-DIST 38 APR 03 1,213.50 TOTAL PREPAIDS .00 TOTAL VOUCHERS 4,045.00 TOTAL DISE VENDOR 4,045.00 R F DICKSON COMPANY 0015554-45501-- 12113 1143162 ST SWEEPING -MAR -APR 03 7,500.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 7,500.00 TOTAL DUE VENDOR 7,500.00 JIMMY RAMIREZ 0015350-45300-- 12534 CONTRACT CLASS -SPRING 1,197.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,197.00 TOTAL DUE VENDOR 1,197.00 REINBERGER PRINTWERKS 0014090-42110-- 12320 12619 PRINT SVCS -ENVELOPES 170.48 TOTAL PREPAIDS .00 TOTAL VOUCHERS 170.48 TOTAL DUE VENDOR 170.48 KIM ROSKI 001-34780-- 1037 RECREATION REFUND 67.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 67.00 TOTAL DUE VENDOR 67.00 CITY OF DIAMOND BAR RUN DATE: 05/01/2003 10:05:21 VOUCHER REGISTER PAGE: 5 DUE THRU: 05/01/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK VIJAY SHASTRI 001-34740-- 1194 RECREATION REFUND 59.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 59.00 TOTAL DUE VENDOR 59.00 SIGNAL MAINTENANCE INCORPORATED 0015554-45507-- 12325 S1217025 TRFFC SIGNAL MAINT-APR 03 703.43 TOTAL PREPAIDS .00 TOTAL VOUCHERS 703.43 TOTAL DUE VENDOR 703.43 SMART & FINAL 0015350-42353-- SUPPLIES-B/DAY CELEB 289-68 0015350-42353-- SUPPLIES-B/DAY CELEB 613.93 TOTAL PREPAIDS .00 TOTAL VOUCHERS 903.61 TOTAL DUE VENDOR 903-61 SOUTHERN CALIFORNIA GAS COMPANY 0015340-42126-- 11861739008 GAS SVCS-HRTG COMM CTR 108.45 TOTAL PREPAIDS .00 TOTAL VOUCHERS 108.45 TOTAL DUE VENDOR 108.45 MARK ST AMANT 1264411-41200-- REIMB-SHERIFF DEPT 70.76 1264411-41200-- REIMB-SHERIFF DEPT 64..60 TOTAL PREPAIDS .00 TOTAL VOUCHERS 135.36 TOTAL DUE VENDOR 135.36 STANDARD INSURANCE OF OREGON 001-21106-- PP 08-09 MAY 03-SUPP LIFE INS PREM 148.60 001-21106-- PP OB-09 MAY 03-LIFE INS PREMS 623.50 001-21112-- PP 08-09 MAY 03-STD/LTD 1,105.44 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,677.54 TOTAL DUE VENDOR 1,677.54 STITCHES UNIFORMS & EMBROIDERY 0015350-41200-- 12966 6045 SUPPLIES-RECREATION 1,685.89 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,685.89 TOTAL DUE VENDOR 1,685.89 TENNIS ANYONE 0015350-45300-- 12670 CONTRACT CLASS-SPRING 2,685.20 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,605.20 TOTAL DUE VENDOR 2,685.20 CITY OF DIAMOND BAR RUN DATE: 05/01/2003 10:05:21 VOUCHER REGISTER PAGE: 6 DUE THRU: 05/01/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO H INVOICE DESCRIPTION AMOUNT DATE CHECK TRUGREEN LANDCARE 0015340-42210-- 12139 1692803722 ADDL MAINT-SYC CYN PK 750.00 1385538-42210-- 12139 1692803765 ADDL MAINT-PLANTING 500.00 TOTAL PREPAIDS -00 TOTAL VOUCHERS 1,250.00 TOTAL DUE VENDOR 1,250.00 US POSTMASTER 0014095-42120-- 261390062 BUSINESS REPLY MAIL PERMT 625.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 625.00 TOTAL DUE VENDOR 625.00 VERIZON CALIFORNIA 0014010-42125-- 9096120740 PH.SVCS-HTRG COMM CTR 21.20 0015340-42125-- 9098619220 PH.SVCS-SYC CYN PK 89.42 0014090-42125-- 909UHO2676 PH-SVCS-INTERNET CONNECTN 799.32 0015340-42125-- 9098608931 PH.SVCS-SYC CYN PK 108.79 1185098-42125-- 9093964035 PH.SVCS-DIAL ACCESS MODEM 95.36 0013340-42125-- 9093965680 PH.SVCS-HTRG COMM CTR 26.56 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,140.65 TOTAL DUE VENDOR 1,140.65 VISION SERVICE PLAN 001-21107-- PP 08-09 MAY 03-VISION PREMIUMS 1,206.59 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,206.59 TOTAL DUE VENDOR 1,206.59 WALNUT DIAMOND BAR SHERIFF'S 0014010-42325-CC103-42325 REG DNNR-COUNCIL 60.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 60.00 TOTAL DUE VENDOR 60.00 WALNUT VALLEY WATER DISTRICT 0014440-42126-- 9822 ELECT SVCS-EASTGATE 67.67 TOTAL PREPAIDS .00 TOTAL VOUCHERS 67.67 TOTAL DUE VENDOR 67.67 CITY OF DIAMOND BAR RUN DATE: 05/01/2003 10:05:21 VOUCHER REGISTER PAGE: 7 DUE THRU: 05/01/2003 FUND/SECT-ACCT-PROJECT-ACCT WELLS FARGO CARD SERVICES 0015210-42125-- 0015210-42339-- 0015216-42330-- 0015210-42330-- 0015210-42330-- 0015210-42325-- 0015210-42330-- 0015210-42330-- 0015210-42320-- 0015210-44250-- PO # INVOICE DESCRIPTION PALMNET SVCS-DESTEFANO PLNNRS INST CONF-P/COMM PLNNRS INST CONF-P/COMM ICSC CONF-DESTEFANO PLNNRS INST CONF-P/COMM MTGS-DESTEFANO PLNNRS INST CONF-P/COMM PLNNRS INST CONE-P/COMM PUBLICATIONS -PLANNING DEMOGRAPHIC REPORTS TOTAL PREPAIDS TOTAL VOUCHERS TOTAL DUE VENDOR AMOUNT 10.72 1,003.59 44.82 158.05 237.96 52.66 49.26 310.69 20.00 646.26 .00 2,534.21 2,534.21 XEROX CORPORATION 0014090-42100-- 12642 95125825 COPY CHARGES -APR 03 1,153.79 0014090-42200-- 12642 95125825 MAINT-APR 03 368.31 TOTAL PREPAIDS .DD TOTAL VOUCHERS 1,522.10 TOTAL DUE VENDOR 1.522.10 REPORT TOTAL PREPAIDS REPORT TOTAL VOUCHERS REPORT TOTAL PREPAID DATE CHECK .00 76,558.78 76,558.78 CITY OF DIAMOND BAR Agenda No. 6.1.1 CITY COUNCIL STUDY SESSION.'""° APRIL 15, 2003 STUDY SESSION: M/Herrera called the Study Session to order at 5:09 p.m., in Room CC -8 of the South Coast Air Quality Management District/Government Center, 28165 E. Copley Dr. Diamond Bar, CA. Present: Council Members Chang, O'Connor and Zirbes, and Mayor Herrera. Mayor Pro Tem Huff arrived at 5:13 p.m. 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; Sharon Gomez, Administrative Analyst; Lt. Joe Maxey, D.B./Walnut Sheriff; April Blakey, Public Information Manager; Fred Alamolholda, Senior Engineer and Linda Smith, Development Services Assistant. ► Street -Sweeping Related Parking Waivers ► 2002-03 Mid -Year Budget Adjustment 1) Street Sweeping Related Parking Waivers: CM/Lowry stated that staff's report summarizes the process that could be engaged to dismiss tickets. Criteria exists that would move the process forward. Staff has highlighted the areas that are lacking information and areas that require Council input. PWD/Liu explained that, in the next couple of months, staff will be adding 800 signs on citywide approaches and 254 signs in specific neighborhoods. Based on 5500 citations issued to date, there is an opportunity for residents to appeal those citations. Staffs report contains a list of possible scenarios for dismissal. Council asked staff to look into first-time offenders and staff needs a tool such as a computerized data based program to facilitate that process. Therefore, staff is recommending that Council authorize staff to research possible programs for determining such information. M/Herrera asked if staff was recommending that the City eliminate first-time offenders from the list of people that would be eligible to appeal for waivers? PWD/Liu affirmed that M/Herrera's interpretation was correct and stated that the number one complaint has been a lack of signage. Staff believes that when residents see additional signage in their neighborhoods, the bulk of the complaints would be eliminated. Additionally, when you look at the appeal process, people do have the opportunity to share their specific reasoning with our sheriff deputies or the hearing officer and, in the memo we provided to you tonight, there's a wide range of possibilities and we have been looking at these cases and we have been taking a common sense approach. We're not sure how many more people will benefit from this particular consideration. APRIL 15, 2003 PAGE 2 CC STUDY SESSION C/O'Connor felt that if first-time offenders were eliminated, ultimately, no tickets would be issued and the City would end up with a negative cash flow because of costs involved in the operation of the street -sweeping program. She felt that 80- 90% of citations were probably first-time offenders. C/Zirbes stated that he has never advocated dismissing first-time offenders. This program has been going for nearly a year. He felt it would be unfair to adopt a policy now to dismiss a first-time violator based upon the 5500 citations that we've already issued. Are we going to go back and dismiss all of those? He did think that the City needed to have any type of expensive database for that. That's something that staff could compile on their own with records showing that we dismissed a ticket based on a particular reason. C/O'Connor asked what staff meant by "vehicle sold" on the list of appeal process. Did it mean that the owner had sold the vehicle and the new owner had not registered it in his name? DPI/Liu explained that that was one scenario staff encountered. C/O'Connor continued by saying "If somebody appeals, these are the ones that you're going to allow off." Also isn't the CSO attempting not to ticket, for instance working contractors? So, hopefully, we won't have many appeals. You have on the list "disabled vehicles." Part of the purpose was to not ticket disabled vehicles but are you saying, for instance, that if I have a flat tire and I'm waiting for a tow truck to come, my vehicle is "temporarily disabled?" PWD/Liu indicated that C/O'Connor was correct. Staff intended that this category covered temporarily disabled vehicles over which the owner had no control. C/O'Connor assumed the Sheriffs Department would use discretion under these conditions. She then asked about the category "government vehicles." DPI/Liu responded that the category would include postal vehicles, etc. C/O'Connor clarified that "incorrect license number" meant that the CSO or deputy had written an incorrect car license number on the citation. C/Chang believed that several visitors had received first-time offender citations and that they complained that the City did not have enough signs to tell them. If the City puts up more signs, would that pretty much answer that question because of those 800 signs so therefore, we can eliminate that problem and if we wanted to give visitors a first-time waiver, could we do that. DPI/Liu believed that the addition of 800 signs was a good faith effort to advise residents and visitors. APRIL 15, 2003 PAGE 3 CC STUDY SESSION C/O'Connor asked how many present at this meeting look for street -sweeping signs when they visit other cities. When she visits her daughter, her daughter reminds her that she cannot park on the street. She wasn't certain the problem could be eliminated by placement of street signs. PWD/Liu said that staff believed that by putting up more signs the City is addressing the bulk of complaints. Staff has learned that there is a hand-held device that accommodates a computer program to facilitate the process of looking at first-time offenders. DCM/Doyle pointed out that, in the field, the hand-held device would not function to determine whether the offender was a visitor or resident. The device simply tracks license plates and whether that license plate has previously been issued a warning or citation. There is no "in the field" process for providing a first-time waiver for visitors only. It just cannot be done. C/Chang asked if the citation was written in the field, could the CSO come back to the City and determine whether it was written to a visitor or resident. DCM/Doyle responded yes, but then the City would have issues of dismissing the "squeaky wheels" who came in to City Hall to complain. Is the intent to waive "first-time offenders" or uphold the appeals of those who complain? Not all visitors would contest the ticket and then the City is faced with an equity issue. It seems as though most visitors are probably paying the ticket — very few are complaining. CM/Lowry asked how many times people pay tickets in cities where they do not reside versus paying tickets in cities wherein they reside. And, did it ever occur to you to say "I'm a visitor here so I'm not going to pay the ticket?" She felt that most people would go ahead and pay the ticket. MPT/Huff indicated that he would have no problem with giving a waiver on the appeal. CM/Lowry asked for direction on how to measure the appeals. M/Herrera pointed out that during PWD/Liu's presentation, he said that staff is not equipped to ascertain first-time offenders. The list of categories for appeal eligibility does not include "first-time offenders even though it was on an earlier list." MPT/Huff said that he recalled "first-time offenders" was on the Council's list of intents and felt it should still be on the list. He felt it should be "a" reason for considering a waiver. APRIL 15, 2003 PAGE 4 CC STUDY SESSION C/O'Connor reiterated her concern about the high percentage of citations issued to first-time offenders (approximately 89%) and that it would significantly reduce the amount of revenue generated that ultimately went to pay the cost of the street -sweeping program. MPT/Huff felt that most people would pay for their citation rather than appeal the matter. C/O'Connor understood MPT/Huff to say that if we get the technology to determine first-time offenders, then citations would not be issued. MPT/Huff understood that not having the technology is not a reason to disallow the appeal process, which is backward thinking. The last time Council discussed this matter, we agreed that the first-time offender should be allowed the appeal process. C/O'Connor said she did not agree with not ticketing first-time offenders. M/Herrera recalled that, at the last meeting, Council included first-time offenders in the group that would be allowed to appeal. MPT/Huff respectfully recalled that staff did not have the technology to determine first-time offenders and Council decided that it could be taken care of through the appeal process. Now it's been turned around, because we didn't have the technology, the appeal process was not retained on the list but it always was going to be on the list to eventually get the technology. M/Herrera recalled that Council authorized staff to purchase the technology pending the information that they found out about it. MPT/Huff recalled likewise. C/O'Connor did not recall that Council agreed to not ticket first-time offenders. DCM/Doyle recalled that at least two Council Members — perhaps four, were not in favor of first-time waivers for first-time citations, they were in favor of allowing people on the list to get their first ticket waived. That was not what he took away from the last study session. At the beginning of PWD/Liu's presentation, a couple of the Council Members spoke about the first-time waiver issue. What DCM/Doyle said that he understood from two of the four Council Members that they were looking at a first time waiver for the specifically listed categories, not a first-time waiver for everybody who was issued a ticket. M/Herrera said her understanding of the list was that those people who fell under those categories would have an exemption. DCM/Doyle said that staff was originally headed in the direction of providing first- time waiver appeals for service providers, but apparently misunderstood Council's direction at the March 18th meeting. APRIL 15, 2003 PAGE 5 CC STUDY SESSION MPT/Huff saw a distinction between a resident who's had all the warnings and staff and gets a ticket as opposed to someone visiting a resident who forgot to warn him/her or did not see the signs. M/Herrera added "...or the resident wasn't home to warn the visitor." C/O'Connor said she could see the waiver applying to a new resident. But if a resident leaves his car on the street and gets a first ticket, that should not be dismissed. MPT/Huff agreed. C/O'Connor said that that is what the appeal process is for. But she did not want the CSO to come to her car and plug it into this electronic thing and determine that because she had not previously received a ticket that she would not get one. She felt she should get a ticket and she would have the appeal process to offer an explanation. That would help new homeowners moving in. She asked if everyone was on the same page that not all first-time offenders would automatically be waived and that they would have to use the appeal process. She felt the CSO and Sheriffs Department are using their discretion on what's good or bad. M/Herrera asked for clarification on the out-of-town visitors. C/Chang thought that, based on Council's prior discussion, if technology could determine the vehicle to be a non-resident's vehicles, the City would issue a warning. At the same time, new residents would also be given a warning. Any others would need to make an appeal. 85-90% of the people in town are previously aware of the problem so we don't have to worry too much about the residents, we have to worry about the service providers and the visitors. I think technology might help us. DCM/Doyle reiterated that a hand-held device is unable to make that determination. The only way that could be done would be for each CSO to enter into the MDT, the license plate number and verify the license check. Staff does not have the time to do that. We can barely keep up with the sweeper at this time. C/O'Connor suggested that "new residents" and "out-of-town visitors" be added to the list of appealable dismissals. M/Herrera agreed that that would work. C/Zirbes said that CSOs could almost maintain a "shoe -box" record of those offenders so that if someone repeat offends they could be cited. APRIL 15, 2003 PAGE 6 CC STUDY SESSION DCM/Doyle said that, without knowing what process is in place right now, C/Zirbes' suggestion could be workable. MPT/Huff was confused because if, for example, the repeat offender were a visiting nurse, he would expect that person would be able to park there every week and not get a ticket every week. M/Herrera said there could be some neighborhoods where that scenario would be very difficult. What if residents have a daily visiting nurse and what if it is a different visiting nurse on certain days? MPT/Huff felt the program should be reviewed after a while to determine whether there are chronic offenders and what should be done about it. C/Chang felt that repeat offenders could be handled through the appeal process. M/Herrera said that when this matter was first discussed, Council agreed that a good portion of the problems could be taken care of during the appeal process. CM/Lowry summarized: It is no longer a consideration that everyone who gets a first ticket gets just a warning. Council concurred. CM/Lowry continued: Only these categories of people on this list with the new resident and the visitor out-of-town will be considered for dismissal of the ticket. Unless the CSO has identified the person as a service provider and does not issue a ticket. DCM/Doyle asked for clarification. There are one -timers and those who visit sites once every two weeks. Where do we draw the line? Does the gardener who visits the site every two weeks get his citation waived? CM/Lowry stated that common sense dictates that the gardener would clean up the street and gutter or that he would not be retained. M/Herrera said that Council discussed service providers — gardeners, plumbers, cable, the gas company, etc. and she did not see any of those on the list. DCM/DeStefano said that those providers could be included in the "working contractor's category" where it is obvious they are working at those specific addresses. MPT/Huff felt that in the case of service providers regularly visiting sites, the City needs to let the homeowner know that they have to sweep the street. C/O'Connor said that there were home-based businesses that had commercial vehicles parked in the street. Those people should be cited. APRIL 15, 2003 PAGE 7 CC STUDY SESSION CA/Jenkins explained that the list should be divided into three lists — one list for a list of first-time only to get waived, people from out of town and new residents. They get one freebie and then get ticketed from then on. The second category is obvious providers who do not have to go through the appeal because presumably, they would not be given a ticket in the first place — we don't want the postman to be appealing every week, the Adelphia person, the gardener is working, the moving van is being loaded or unloaded --the ticket will be dismissed because they were there working. The third category is one the Council seems to be struggling with the most which involves people who are not so obvious because they are driving a standard vehicle, such as the visiting nurse or the social worker. The issue is, if it's a one-time visit, the Council appears to concur that they can appeal and get their citation dismissed. The hard question appears to be the person who comes on a regular basis and they know that the City has a street -sweeping program in place but feel that they have a permanent exemption because of what they do. That is the one category about which he is unclear. DCM/Doyle pointed out that third category people might not actually park in front of the house of the person for whom they are working. The neighbor parks on the street and gets a citation. It will happen. C/O'Connor felt that person should have to keep going through the appeals process unless and until she could prove that she was in the area for work. CA/Jenkins pointed out that the person might become so discouraged by having to go through the process that he/she would figure out a different place to park and the problem would be solved. CM/Lowry said it seemed to her that person would have become a household member by virtue of having to be there every day. C/Chang suggested the program not specify the number of freebies the system would accommodate. It should be left to the discretion of the officers. PUBLIC COMMENTS: Clyde Hennessee wondered if a nurse and other similar regular service workers could place a sign on his/her dashboard indicating their name so that the officers would be aware the vehicle was allowed to be in the area. Most other service workers are obvious because of their equipment. 1) 2002-03 Mid -Year Budget Adjustment: CM/Lowry stated that due to state budget shortfalls, staff has anticipated a shortage of normal funds for next year's budget. As a result, staff is looking to close out this year's budget with a different point of view and in greater detail. Staff needs further information about Council's intent for postponement or deferment of certain projects in order to establish an adjustment amount. In APRIL 15, 2003 PAGE 8 CC STUDY SESSION meeting with the Finance Committee, staff asked the members if they wanted staff to live within a conservative estimate of, perhaps, a $2 million dollar shortage of VLF and shrink the General Fund budget, including Transfers Out, accordingly? Alternatively, would Council prefer that staff look at spending a normal budget but dipping into fund balances in order to fund projects the Council has already included in its goals and objectives for which work has already begun. The Finance Committee responded that it did not want the fund balance (reserves) touched. Therefore, staff could begin to immediately defer items through a mid -year adjustment. If that were the direction Council chose, staff would like to receive input regarding the capital improvement spreadsheet items. Consideration of these items would result in a $718,000 reduction in Capitol Improvement expenditures out of this year's budget that would most likely have been carried over into next year's budget. Purchase orders have not yet been cut on these items. Therefore, the City is under no obligation to move forward. Portions of certain items would affect the general funds and portions of certain items would affect other funds. Department heads reviewing their operating budgets have set forth savings they can make inside their budgets within the General Fund. These budget savings amount to $940,000. Some of these budget items include deferring items. Other cuts involve monies that were never spent. For instance, during a year when the City has no litigation and unusual legal expense or exposures, that item could come in well within or under the budgeted amount. She recommended the Council first look at Capital Improvement projects, the largest impact on operations and how the next year's budget is approached. She pointed everyone to Agenda Item 6.9, the first General Fund Budget Page without a page number on it, 5 column; staff has created amendments to what has been budgeted today. Amendments reduce General Fund Revenues by $900,000 and the appropriations by $6.6 million, $5.6 million of that is the Transfers In to the Capital Improvement Funds so the real impact of our operations in the General Fund would be about $950,000. She suggested discussion of the Capital Improvement Projects because that would have the largest impact on future planning. Out of all departments, only 3 would require increased appropriations: 1) Volunteer Patrol - $700; 2) Animal Control - $7,500 and 3) General Government for $12,400 because we underestimated our unemployment claims expense. FD/Magnuson explained that money that is not spent in a prior year goes into the fund balance reserves and comes back out. PWD/Liu reported on the current status and expenditures for the Prospector's Rd., Grand Ave. and Area #5 Slurry Seal projects. CM/Lowry said that in making these recommendations, staff tried to be aware of the community's expectations from the City and where the community would hold the Council and staff accountable. Does the Council want to view the risk in a two-year window missing ($3-4,000,000) or view the risk (on a $10,000,000 shortfall) over a five-year period. That would not affect the way in which the City APRIL 15, 2003 PAGE 9 CC STUDY SESSION looks at changing its operation and the manner in which the City continues to put items on the goals and objectives. MPT/Huff felt that from all reports, the City would take a 2-3 year hit. He felt that planning for a two-year hit would be a good way to approach it and continue monitoring the situation. He felt that a five-year period would be very onerous and it would also be difficult to sit on the City's reserves while streets are decaying. He believed that maintenance items should be given the highest priority because of the trickle-down effect. He would rather defer the new projects than the maintenance projects and hope that not too much would have to be deferred. CM/Lowry said staff wants to improve disclosure so the Council understands the new, real totals. M/Herrera said that would be good because if the budget shows $2,000,000 left at the end of the year, it indicates $2,000,000 in unencumbered money and that is not correct. CM/Lowry explained that as staff becomes more prudent because revenues are less certain and our accountability becomes tighter and tighter, that automatic leftover of $1-2,000,000 will be there because our estimating skills will have improved. M/Herrera said that the City has been in the habit of underestimating revenues and overestimating expenditures. CM/Lowry explained that when she first worked in government in another state, if municipalities overestimated expenditures and therefore taxed the people more than necessary, the state would void the city's property tax levy. The level of the Finance Director expertise was somewhat measured by how accurately the carryover was estimated. If it was not estimated accurately, you had just done the agency a huge disservice. She was also concerned about a "scarcity mentality" taking over because it would result in Council pushing itself into a corner where discretion becomes almost a blade at the throat. One moment you cannot afford it because it is not a desirable way to spend money but the next moment it's something you deem desirable and all of the sudden the money is available. Creating a scarcity scenario as a justification for not doing things in the city is a very sharp sword if placed between you and your constituents. She encouraged Council to continue being fiscally conservative without playing the scare tactic to justify making large changes. M/Herrera asked whether the revenues have materialized to pay for the expenditures that PWD/Liu just addressed. PWD/Liu stated that with respect to the traffic management safety projects, the City has been successful in utilizing Prop C money over the past couple of years. APRIL 15, 2003 PAGE 10 CC STUDY SESSION Included in the list of projects is the D.B.H.S. traffic signal in accordance with Council's direction at it's last meeting. PWD/Liu confirmed to C/O'Connor that the only traffic management project staff proposes to delay is Brea Canyon Cutoff at the southbound SR 57. This is a state owned on/off ramp location. However, CalTrans does not have the resources to move forward with this project at this time. C/Zirbes asked about the left-hand turn at Pathfinder and Evergreen Springs -- you have that budgeted from $130,000 up to $156,000. In the study session, we talked about postponing that signal. PWD/Liu explained that staff is aware of the postponement but we thought that, for your consideration at the time of construction award, is that we will list that intersection as an optional 5th item. M/Herrera asked if the $1.498 million revenues were currently deposited in the accounts to pay for the four items. FD/Magnuson stated yes and explained that, in the case of Prop C., for many years, the City has stockpiled money there and have a fairly decent balance available to fund these projects. CSD/Rose explained the Sycamore Canyon Park ADA retrofit project which has been divided into two more phases. Staff is preparing to construct Phase II. Plans and specs are ready to go out to bid for Phase II. Additionally, design of Phase III is underway. The amended amount of $262,450 represents construction for Phase II, previous design work for Phase II and Phase III work. Phase III construction would be a part of next year's fiscal budget request. The $262,450 consists of $50,000 from general fund, $50,000 from Prop 12 and the remainder from CDBG funds. CSD/Rose stated that the plans and specs for the two picnic shelters at Pantera Park are ready to go out to bid. The amount for this project was originally budgeted at $72,600 in general fund dollars. This entire budget was revised and moved to Prop 12 money so that no general fund monies would be tapped for this project. This project will likely be presented to Council for consideration at its first or second May meeting. CSD/Rose reported that the Starshine Park retrofit design project is all CDBG money. The conceptual design is completed and a neighborhood meeting is planned for mid-May. A determination about construction money sources will take place after the neighborhood meeting. It is anticipated that no general funds would be used to complete this project. CSD/Rose indicated that the Sycamore Canyon Trail Head Improvement design and construction document required an additional amount of $6,500 to complete APRIL 15, 2003 PAGE 11 CC STUDY SESSION a significant amount of survey work. $31,500 for this project is all General Fund money. The City was awarded a $118,000 Land and Water Conservation Act grant toward construction and construction documents for this project. This project will be included as a CIP request for the next fiscal year. $118,000 probably represents about half of the total amount for completion. CSD/Rose explained that the Skate Park improvements were carried over from the previous years and was used for purchase and installation of the drinking fountain at the Skate Park in 2002. CM/Lowry said she detected not a lot of resistance to the postponement of some of these projects. She did detect, however, that the Council might wish to move forward with the slurry seal project. Does Council want to leave it in this year's budget and proceed as normal or reconsider it in the next fiscal year budget? MPT/Huff would prefer to proceed with the slurry seal project. Other Council Members concurred. C/O'Connor felt that the Grand Avenue project was more an accommodation than a necessity. PWD/Liu concurred. M/Herrera confirmed to CM/Lowry that the Council felt it was important to move forward with the slurry seal project. Council concurred to discuss the balance of the projected budget reductions during the regular Council meeting. PUBLIC COMMENTS: Clyde Hennesee stated that he understood that Sunset Crossing Rd. was going to be redone several years ago. M/Herrera - Staff will look into the matter. ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the Study Session at 6:30 p.m. to the Regular City Council meeting. 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 APRIL 15, 2003 CLOSED SESSION: None DRAFT STUDY SESSION: M/Herrera called the Study Session to order at 5:09 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 and Zirbes, and Mayor Herrera. Mayor Pro Tem Huff arrived at 5:13 p.m. Also present were: Linda Lowry, City Manager; Mike Jenkins, City Attomey; 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; Sharon Gomez, Administrative Analyst; Joe Maxey, Lt., D.B./Walnut Sheriff; April Blakey, Public Information Manager; Fred Alamolholda, and Linda Smith, Development Services Assistant. ON. Street -Sweeping Related Parking Waivers No. 2002-03 Mid -Year Budget Adjustment ADJOURN STUDY SESSION: M/Herrera adjourned the Study Session at 6:30 p.m. CALL TO ORDER: M/Herrera called the Regular City Council meeting to order at 6:42 p.m. in the South Coast Air Quality Management District /Government Center Auditorium, 21865 E. Copley Dr., Diamond Bar, CA. CM/Lowry reported that during tonight's Study Session, Council reviewed matters related to discussion held during the last City Council meeting regarding parking citation waivers. Staff presented a list of criteria currently used by the City to dismiss a citation and asked Council for additional input. Council reviewed additional information regarding the availability of handheld devices that would allow Community Services Officers to determine whether a citation had previously been issued and whether the vehicle owner was a resident or visitor. Staff received sufficient input from the Council to establish criteria for the dismissal of citations and to rely on the appeal process. In addition, Community Services Officers should continue to use discretion when service providers and other service vehicles are parked in the way of the street sweeper. The criteria will be presented to the Council at a future meeting to receive and file. CM/Lowry further reported that the City Council reviewed with staff a first blush review of this year's budget. Staff presented options for capital improvement items that, under ordinary circumstances, would have been let and carried over as encumbrances into fiscal year 2003/04. Because the City anticipates revenue changes due to the State implementing a different approach to distribution of vehicle license fees, staff felt it prudent to check with Council to determine whether they APRIL 15, 2003 PAGE 2 CITY COUNCIL wished to defer or postpone certain items. Council directed staff to move forward with maintenance items that would preserve the City's infrastructure. Discretionary items will be held in abeyance until staff has completed a final review of the budget recommendations for 2003/04. PLEDGE OF ALLEGIANCE: Jr. Girl Scout Troop 237 presented The Colors. INVOCATION: The Invocation was given by Mike Malatka, Youth Minister, Diamond Canyon Christian Church. 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 stated that items 1.3, Presentation of Certificate Plaque to Diamond Ranch High School, awarded "California Distinguished School," would be presented at a future City Council meeting. At the request of the applicant, Agenda Item 7.1, Extended Stay American Retail/Commercial Development Project Review, would be continued to the meeting of May 6, 2003. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Proclaimed April 2003 as "National Poetry Month." 1.2. Proclaimed April 30, 2003 as "EI Dia de los Ninos. 1.3 Presentation of Certificate Plaque to Diamond Ranch High School, awarded "California Distinguished School" — continued to May 6, 2003. 1.4 Presented Certificate Plaque to the Diamond Bar Chamber of Commerce on their 20th Anniversary and displayed video regarding the Chamber. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/Lowry reported that the design work for the Sycamore Canyon landslide repair and slope improvement had been completed. The balance of the construction cost will be presented to the Council in the budget proposal for fiscal year 03/04. During the past few weeks, planting commenced on the Pulte Homes slopes. Staff scheduled a meeting tomorrow with Pulte officials to review the planting schedule/landscape mitigation as well as, the drainage work to be done as previously discussed during past Council meetings. APRIL 15, 2003 PAGE 3 CITY COUNCIL PWD/Liu reported that the long-awaited SR57/60 interchange improvements project (HOV connector project) is imminent. CalTrans recently engaged a contractor for its construction. He introduced CalTrans officials who spoke about the impending project. Victor Deldavinos, Senior Resident Engineer in charge of construction for CalTrans, spoke regarding future construction of the High Occupancy Vehicle (HOV) Lane carpool connector from the northbound SR 57 to the eastbound SR60 freeways. The $56,000,000 construction project was awarded to C.C. Meyers Construction of Sacramento. The project is expected to commence mid -to late May this year and continue for approximately 4 years. Responding to C/O'Connor, Mr. Deldavinos explained that the collector road is projected to begin at the Grand Ave. westbound on-ramp and continue westbound running parallel to the SR 60 over Brea Canyon and tie in at about Lemon Ave. on the SR 60. In response to C/Chang, Mr. Deldavinos confirmed that motorists would not have to cross the main line of traffic to get onto the westbound SR 60. C/Chang felt that this project would eliminate a lot of risky accidents. He asked what type of impact the construction would present to D.B. residents and what type of mitigation is planned to avoid the impact. Mr. Deldavinos said that the primary impact would be due to a significant amount of construction equipment in the median of the SR 57 and 60. Lanes will be re - striped in order to allow access to the median and outside edges of the freeway. The reconstruction includes the building of retaining and sound walls and accordingly, there will be clearing and grubbing that will generate some noise. CalTrans is required to mitigate the noise by not allowing loud construction during evening hours. The major generation of noise will be during the daytime hours from 7:00 a.m. to 3:30 p.m. Further, he did not expect the contractor to be working during most weekends. CalTrans has a traffic management plan that encompasses a form of outreach. CalTrans will place signs announcing closures throughout the life of the job and conduct an outreach program with advance notification regarding upcoming closures. C/Zirbes asked how the HOV lane from the north SR 57 would connect to the eastbound SR 60. Mr. Deldavinos responded that the fly -over connector would begin just north of Pathfinder and proceed over the SR 60 connector and come back down into the SR 60. C/Zirbes expressed concern that the "fly -over" might seem like a "Mr. Toad's Wild Ride." APRIL 15, 2003 PAGE 4 CITY COUNCIL Mr. Deldavinos said that initially, he had the same concern. When he looked at the plans, he could see that because the northbound SR 57 has a downgrade in that area, the "fly -over" would remain at an elevation similar to where the northbound SR 57 begins its decline. C/Zirbes asked if CalTrans planned to add additional northbound lanes to the SR 57 as it ties into the eastbound SR 60 to prevent further bottleneck. Mr. Deldavinos said he would have to get back to C/Zirbes on that issue. CalTrans is widening the area where the northbound SR 57 meets the SR 60 in order to accommodate an abutment but he was not certain that traffic lanes would be added. C/Zirbes said it would be really good to add another lane during construction to keep vehicles on the freeway and off of D.B. streets. Mr. Deldavinos noted C/Zirbes' comments. M/Herrera asked if any of the freeway closures would take place during peak traffic hours and when CalTrans anticipates completion of the project, to which Mr. Deldavinos stated that in accordance with the state's directive, CalTrans is not allowed to have any daytime closures during peak hours. In addition, there will be no closures during designated holidays including the day before and the day following the holidays. He anticipated completion of the project in 2007. Debra Harris, CalTrans, explained the company's plans for public awareness during this project. CalTrans plans to meet with local area businesses in cooperation with the D.B. Chamber of Commerce on Wednesday, May 7 from 4:30 to 6:30 p.m. at the SCAQMD/Government Center. CalTrans is working on a dedicated Website with maps, fact sheets, schedules and project updates. CalTrans is compiling an email listing of local businesses and interested parties that are interested in receiving updates and news releases about the project. CalTrans will have a dedicated telephone number for callers to receive routinely updated information including lane closure information. Members of the public will be able to leave messages and receive a callback from CalTrans. News releases will be forwarded to local media outlets. CalTrans will also look for additional opportunities to promote the project. CalTrans would like to have a presentation on the local cable station and will also be available to speak at local group meetings such as Kiwanis and Lions. Project information displays will be placed at several locations throughout the community. CalTrans will extend its outreach to the Automobile Club and California Trucking Association. Mid -May, CalTrans plans a groundbreaking ceremony that will be open to the public. CalTrans would like the opportunity to update the City and its Council during future meetings. M/Herrera assured Ms. Harris that the Council and residents would welcome periodic updates. She asked Ms. Harris to keep staff updated on the progress of the project. C/O'Connor invited CalTrans to participate in the City's birthday party on April 27 and have an information booth as a prelude to getting information out to the public. APRIL 15, 2003 PAGE 5 CITY COUNCIL 3. PUBLIC COMMENTS: Leticia Pacillas, Community Services Representative, L. A. County Fire Department, and Deputy Fire Chief John Nieto invited Council and residents to participate in the Fire Department's Wildland Fire Safety Awareness Community Meeting on April 17, 2003 from 6:30 to 8:30 p.m. at Fire Station 118, 17056 Gale Avenue, City of Industry. Aziz Amid, representing the Chamber of Commerce, spoke about the recent AYSO tournament held in D.B. Ten sites accommodated 168 teams from throughout the state. He acknowledged residents who helped make the tournament a success. Jeff Koontz; Executive Director, Chamber of Commerce, encouraged everyone to attend the May 7 CalTrans presentation regarding freeway improvements. Clyde Hennessee asked about the status of construction of the new library. Jack Tanaka reported that the members of the D.B. Breakfast Lions Club prepared 7200 eggs for their 20th annual Easter Egg Hunt co-sponsored by the City of D.B. to be held Saturday, April 19, 2003 at 10:00 a.m. A pancake breakfast will be held at Pantera Park beginning at 8:30 a.m. 4. RESPONSE TO PUBLIC COMMENT: CM/Lowry responded to Clyde Hennessee that the City has not borrowed money for purposes of constructing a library. The City did, however, set aside funds in the current year for the successful completion of an application to obtain state bond money to construct a library. The loan being discussed is, in fact, the certificates of participation that the City sold for $13,000,000 to finance construction of the Community/Senior Center. As a result, the previously budgeted General Fund transfer of $5.6 million dollars was eliminated. 5. SCHEDULE OF FUTURE EVENTS: 5.1 COMMUNITY FOUNDATION MEETING —April 17, 2003 — 7:00 p.m., CC -8, SCAQMD/Government Center, 21865 E. Copley Dr. 5.2 ANNUAL EASTER EGG HUNT AND PANCAKE BREAKFAST - April 19, 2003 - 8:30 - 11:00 a.m. (Easter Egg Hunt at 10:00 a.m.), Pantera Park, 738 Pantera Dr. 5.3 PLANNING COMMISSION MEETING — April 22, 2003 — 7:00 p.m., SCAQMD/Government Center Auditorium, 21865 E. Copley Dr. 5.4 CITY COUNCIL AND PARKS RECREATION COMMISSION JOINT MEETING — April 24, 2003 — 5:00 to 7:00 p.m., SCAQMD/Government Center, Room CC -8, 21865 E. Copley Dr. APRIL 15, 2003 PAGE 6 CITY COUNCIL 5.5 PARKS AND RECREATION COMMISSION MEETING — April 24, 2003 — 7:00 p.m., Hearing Board Room, SCAQMD/Government Center, 21865 E. Copley Dr. 5.6 CHAMBER OF COMMERCE "CASINO NIGHT" - April 26, 2003 — 6:00 to 10:30 p.m., Pantera Park, 738 Pantera Dr. 5.7 CITY OF DIAMOND BAR 14TH BIRTHDAY CELEBRATION —April 27, 2003 — 12:00 noon to 6:00 p.m., Pantera Park, 738 Pantera Dr. 5.8 PUBLIC SAFETY COMMITTEE MEETING - May 5, 2003 - 7:00 p.m., DB/Walnut Sheriff Station. 5.9 CITY COUNCIL MEETING — May 6, 2003 — 6:30 p.m., Auditorium, SCAQMD/Government Center, 21865 E. Copley Dr. 6. CONSENT CALENDAR: Moved by Zirbes, seconded by MPT/Huff to approve the Consent Calendar, with the exception of Item No. 6.9. Motion carried by the following Roll Call vote with C/O'Connor voting NO on Items 6.6 and 6.8. 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 1, 2003—As submitted. 6.1.2 Regular Meeting of April 1, 2003 — As submitted. 6.2 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of February 27, 2003. 6.3 APPROVED WARRANT REGISTERS - dated April 3 and April 10, 2003 totaling $532,867.89. 6.4 REJECTED CLAIM - Filed by Georgia Helmuth on March 14, 2003. 6.5 AUTHORIZED INCREASE OF $45,000 TO THE PROFESSIONAL SERVICES AGREEMENT WITH MONTANA TESTING & GEOLOGICAL LABORATORIES (MTGL) FOR SPECIAL INSPECTION SERVICES AT THE COMMUNITY/SENIOR CENTER FOR A TOTAL CONTRACT COST NOT - TO -EXCEED $60,000. 6.6 REJECTED ALL BIDS FOR THE LEFT -TURN SIGNAL IMPROVEMENT PROJECT AT THE INTERSECTIONS OF PATHFINDER RD./FERN HOLLOW DR. AND PATHFINDER RD./EVERGREEN SPRINGS DR. APRIL 15, 2003 PAGE 7 CITY COUNCIL 6.7 AWARDED CONTRACT IN THE AMOUNT OF $49,632 TO BONTERRA CONSULTING TO PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR PROPOSED VESTING TENTATIVE TRACT MAP NO. 53670 (HORIZON PACIFIC/JERRY YEH) LOCATED AT THE TERMINUS OF ALAMO HEIGHTS DRIVE. 6.8 AWARDED CONTRACT FOR DESIGN SERVICES FOR THE TRAFFIC SIGNAL IMPROVEMENT PROJECT AT THE WESTERLY ENTRANCE OF DIAMOND BAR HIGH SCHOOL LOCATED AT 21400 PATHFINDER ROAD TO ADVANCED APPLIED ENGINEERING, INC. IN THE AMOUNT OF $14,766 AND AUTHORIZED A CONTINGENCY AMOUNT OF $3,000 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $17,766. 7. PUBLIC HEARINGS: 7.1 CONTINUED PUBLIC HEARING - REVIEW OF EXTENDED STAY AMERICA RETAIL/COMMERCIAL DEVELOPMENT PROJECT REVIEW — A REQUEST FOR APPROVAL OF MITIGATED NEGATIVE DECLARATION NO. 2002-07, GENERAL PLAN AMENDMENT NO. 2002-01, ZONE CHANGE NO. 2002-01, SPECIFIC PLAN NO. 2002-01, DEVELOPMENT REVIEW NO. 2002-07, CONDITIONAL USE PERMIT NO. 2002-05, AND TENTATIVE PARCEL MAP NO. 26771; FOR PROPERTY LOCATED AT 850 BREA CANYON ROAD (APN 8719-013-010) (Walnut Valley Trailer Park Property). Continued from April 1, 2003. In response to M/Herrera, CA/Jenkins stated that the Public Hearing, opened on April 1, 2003, was still open. Zina Munoz objected to the proposed project. She lives in a condominium community very near the proposed project and felt that the view of the rear of a three-story hotel and other commercial buildings would not be pleasing for the residents in her neighborhood. At the request of the applicant, the matter was continued to May 6, 2003. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.9 FISCAL YEAR 2002-03 MID -YEAR BUDGET AMENDMENT. CM/Lowry reported that staff recommends delay or reconsideration in the upcoming budget of the following projects listed in the capital improvement program. 1) Delay of Prospectors Rd./Sunset Crossing to Golden Spring Improvement; 2) Delay of Slurry Seal Improvement Area No. 5; 3) Delay in the Brea Canyon Cut-off to the On/Off ramp and 4) Delay Sycamore Canyon Park ADA Retrofit Improvements. Council directed staff to add back in the $400,000 for the slurry seal in order to not damage the ongoing maintenance APRIL 15, 2003 PAGE 8 CITY COUNCIL program the City has in place for its streets to maintain the quality of its infrastructure. The aforementioned results in discussion of removal of $318,767 worth of construction improvement projects from the current budget. In addition, staff presented an estimate of $904,000 loss in General Fund revenues. The items are outlined in the spreadsheet provided to Council and include a decrease in property taxes and a decrease in permit fees. Staff also outlined a decrease in appropriations in the general fund of $6.6 million, $5.7 being an allocation of funds to be transferred out into the capital improvement area. CM/Lowry reviewed the proposed budget cut items found on Page 5 of the report. In response to C/O'Connor, CSD/Rose stated that the intent of the Youth Master Plan was to conduct a professional study/survey with the cooperation of the schools. The study would include anecdotal surveys with students needed to develop base information about youth activities in the community as well as develop an inventory of items that could be added to the palate of activities. The RFP process was completed and a recommended vendor was selected. The budget allocation was $50,000 and the proposed cost is approximately $87,000. If a contract was awarded, the document should be completed within 10 months. C/O'Connor commented that the City is in the process of building a beautiful Community Center that would include a dedicated senior area. She would like the City to proceed with the Youth Master Plan so that they could be included in the Center. She suggested that the $50,000 not be deleted but rather, complete the plan and have it available when the Community/Senior Center opens. MPT/Huff thanked staff for their thoughtful following through on a difficult task. Council adopted its budget in good faith anticipating that the revenues would be forthcoming. Budget changes will be forthcoming. During tonight's study session, the Council discussed not cutting back on maintenance items that would ultimately be delayed and more costly in the future. He felt that a Youth Master Plan could be created in-house and with the assistance of the Parks and Recreation Commission using examples of plans implemented by other cities. A good portion of the Youth Master Plan is a matter of codifying current activities and coming up with activities that could be incorporated. He would like to see it included in next year's budget once the actual budget figures were determined. C/Zirbes agreed with C/O'Connor that with the new Community/Senior Center coming on-line, there are a lot of things this community should be doing for the youth and did not want this item removed from the current fiscal year budget. C/Chang wanted the Youth Master Plan budget item retained. The City has never provided a complete program for its youth. He also believed that with the completion of the Community/Senior Center, it would be a great place to APRIL 15, 2003 PAGE 9 CITY COUNCIL provide certain youth services. For instance, young people need a place to complete their homework and take advantage of computer services. He felt that it was the right time to move forward. The City still has a good general fund reserve and there is an obvious need for additional services for the youth. M/Herrera felt that the City needed to live within its means and did not agree that funding should be provided for a Youth Master Plan at this time. She felt it would be best to wait and see what the State provided D.B. in terms of financing before proceeding with non -essentials. She favored coming up with other ways to determine what youth activities should be provided by the City rather than paying someone $50,000 to tell the City what it should be doing. She suggested looking at the City of Claremont's plan and forming youth committees to assist the City in the development of a plan. The Council could possibly brainstorm this matter during the joint study session with the Parks and Recreation Commission. C/O'Connor moved to restore the budget amount for the Youth Master Plan and increase the amount to $87,000. Motion seconded by C/Zirbes. 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 There was Council concurrence that the balance of the tagged items should be eliminated from the current budget. C/O'Connor suggested the Council send a letter to the Diamond Bar Community Foundation seeking assistance in the funding of the Youth Master Plan. M/Herrera agreed that C/O'Connor's suggestion was excellent and asked staff to prepare the letter. CM/Lowry stated for the record that not only was CSD/Rose given back his $50,000 but an additional $37,000 as a result of actions at the dais and that the City Manager did not treat him differently from all other department heads. 8. COUNCIL CONSIDERATION: 8.1 a) ADOPT RESOLUTION NO. 2003-16: AMENDING RESOLUTION NO. 1996-41 C, AMENDING THE PARKING PENALTY SCHEDULE AND LATE PAYMENT FEES. CM/Lowry reported that when the program was implemented, costs included a vehicle ($20,000), a CSO ($30,000), signage ($90,000 APRIL 15, 2003 PAGE 10 CITY COUNCIL increased to $190,000) and an increase in sweeping that was absorbed within the budget appropriation. The question remains whether Council was comfortable absorbing the costs because of the public benefit for decreasing liability on the storm water issue. At the direction of Council, staff could prepare detailed information as part of the consideration for reducing the fees. When staff became confused about whether first-time violations would be forgiven, estimates of revenue also became confused. In order to create a paradigm of reliable cost numbers, it became an issue of including a table with the number that would not change, the service cost to track the citations through the contractor. M/Herrera felt it would be an important part of the analysis and that she would be more comfortable deliberating this matter with all available data. C/O'Connor believed the overall consideration for reducing the fine was a result of complaints from residents about the onerous amount. Council intended to make it a break-even situation. With the rough numbers it appears the City would still have enough money generated to cover the program. Sign installation is a one-time cost. She did feel, however, that Council should have the numbers to make certain that the $30 fee maintained the program. C/Chang felt that income was not the purpose of the policy. The intent was to maintain a satisfactory street sweeping program without burdening the residents. He believed that once the additional signs were installed, citation numbers would decrease. Certainly, Council does not want to be in the position of supplementing this program, but in order to make a good policy and bring a better quality of life to everyone, it is necessary to spend the money for the program. $30 is a small penalty for those who do not follow the code. He hoped the City would not have to spend too much money supplementing implementation of the code. Moved by MPT/Huff, seconded by C/Zirbes to continue the matter to May 6, 2003 in order for Council to receive a more thorough and accurate assessment by staff. C/Zirbes reminded Council that the reason for his "No" vote on decreasing the penalty was because he wanted a cost analysis of the program in order to make an informed decision. While the program is not a revenue generating mechanism for the City, it should pay for the CSO, time and equipment to maintain the streets. Motion carried by the following Roll Call vote: APRIL 15, 2003 PAGE 11 CITY COUNCIL AYES: COUNCIL MEMBERS - Chang, O'Connor, Zirbes, MPT/Huff, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None b) ADOPT RESOLUTION NO. 2003-16: AMENDING RESOLUTION NO. 2002-20 PROHIBITING PARKING OF VEHICLES ON RESIDENTIAL STREETS DURING CERTAIN HOURS AND DAYS FOR THE PURPOSE OF RESIDENTIAL STREET SWEEPING. CM/Lowry pointed out that the second part of this item is in response to Council's direction to staff to proceed with acquiring additional signs so that each street entrance would have adequate signage reflecting the days and hours of street sweeping. Other adjustments were made to the program around the schools and certain residential and commercial areas. The City's engineer has given authority to place signs as appropriate. C/O'Connor took umbrage with Exhibit A. She read the Exhibit to mean the day and time of the posted signs. She would like to have an exhibit that states when the "No Parking" is in effect because she did not believe the Council was authorizing the City's Engineer to change the dates and times of street sweeping except in the designated new areas. CA/Jenkins said that Exhibit A does both. Staff sees Exhibit A as a comprehensive list of locations. C/O'Connor is correct that it also happens to list, for each zone, the days and times. PWD/Lui reports that Council has a schedule it adopted that contains the same information — date and time for each zone. The goal was to eliminate the comprehensive list of locations so as to give staff the authority and flexibility to determine appropriate locations without having an inflexible list. It is not staffs intention to eliminate the days and times. C/O'Connor asked Council Members to consider disallowing street sweeping in the area of local schools prior to 7:00 a.m. M/Herrera asked how street sweeping would get done around the remaining schools if it were not started before 7:00 a.m. PWD/Lui responded that the current street sweeping of some of the schools before 7:00 a.m. was an arrangement with the street sweeping contractor and school administrators. The contractor felt that a more thorough job could be done if the streets were swept in the early morning hours. Once again, when staff meets with residents and school officials, this concern would be voiced to see if it is an option. One of the reasons those areas would be swept before 7:00 a.m. was because the surrounding areas were being swept during APRIL 15, 2003 PAGE 12 CITY COUNCIL morning hours rather than in the afternoon. Staff is attempting to make the process as efficient as possible with respect to the street sweeping route. MPT/Huff was still concerned about street sweeping before 7:00 a.m. He believed it negatively impacted adjacent residents. M/Herrera asked if it was possible for staff to meet with residents and assess their reactions once they know that street sweeping is scheduled to take place at 6:30 a.m. and let Council know the results before implementation? PWD/Lui responded "absolutely." Staff wants to make certain that the ultimate recommendation is balanced. C/O'Connor moved, MPT/Huff seconded, to direct staff to talk with area residents and schools that would be affected by sweeping before 7:00 a.m. and provide a report of the results to Council prior to implementation. C/Chang suggested that staff include alternatives. C/O'Connor suggested that one alternative was to implement manual street sweeping around schools that could be done at any time. MPT/Huff was concerned about how this message would be taken to the community. He would not like staff to present a mandate that the City would be street sweeping before 7:00 a.m. He asked for staffs delicate handling of the matter. 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 Moved by C/Zirbes, seconded by C/O'Connor to eliminate Recital No. 6 and adopt Resolution No. 2003-16 amending Resolution No. 2002- 20. CIO'Connor rescinded her second. M/Herrera seconded the motion. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Zirbes, MPT/Huff, M/Herrera NOES: COUNCIL MEMBERS - O'Connor APRIL 15, 2003 PAGE 13 CITY COUNCIL ABSENT: COUNCIL MEMBERS - None RECESS TO REDEVELOPMENT AGENCY ANNUAL MEETING and PUBLIC FINANCING AUTHORITY ANNUAL MEETING: M/Herrera recessed the Regular City Council Meeting to the Redevelopment Agency Annual Meeting at 8:50 p.m. RECONVENE CITY COUNCIL MEETING: M/Herrera reconvened the Regular City Council Meeting at 8:59 p.m. 9. COUNCIL SUB -COMMITTEE REPORTS/ COUNCIL MEMBER COMMENTS: C/Chang congratulated Lorbeer Middle School on their wonderful event "Evening of the Stars." For several years, the school has presented this event that has been very successful and enjoyed a large participation of students and parents. The event offers a great opportunity for students to practice and learn a wonderful process toward their growth. He believed that because of this type of event, students are educated as whole persons. He complimented D.B.H.S. on their budget item of $7,000,000 to create 22 new classrooms on the corner of Pathfinder and Evergreen Springs. With this new project, the school is able to accommodate more students without going into portable classrooms that are not comfortable and well equipped for students to learn. Students and teachers are very excited. So too, is the principal, Mr. Paul. He also congratulated the Diamond Ranch High School on receiving an award from the state. D.B. has great schools and it helps make our City a very livable and great City in which to raise a family. All of the framing and most of the steel beams are up and the concrete was poured for the Community/Senior Center. The project may be delayed for a couple of months. However, construction is progressing. He assured everyone that it would be a wonderful, wonderful Community Center. Staff is working on policies and codes for operation and rental of space in the center. C/Zirbes congratulated Region XXXI on a very successful AYSO tournament. With an average of 15 players on each team, over 2500 players participated in the lovely City of D.B. With the participation of referees, coaches and families, more than 10,000 people ascended on D.B. to stay in the City's hotels and eat at its restaurants, a good boost to the local economy and to Region XXXI. He participated in the tournament at Schabarum Park 12 hours each day Saturday and Sunday. According to those who participated and witnessed the event, they were very favorably impressed with the City of D.B. and the tournament. He congratulated Tiffany Rush on her selection as Miss Diamond Bar. He and fellow Council Members attended the D.B.H.S. open house and ribbon -cutting ceremonies for the very impressive 22 classrooms recently added to the campus. Congratulations to D.B.H.S. and Mr. Paul for a fine job. He continues to work on a variety of committees such as the Neighborhood Improvement Committee and its protocol and enforcement procedures. Negotiations continue to attract a market to the south end of D.B. Hopefully, the economy will turn around and businesses will again be attracted to locate in our City. C/O'Connor was a referee at Evergreen Elementary School during the AYSO APRIL 15, 2003 PAGE 14 CITY COUNCIL tournament. Her daughter's team made it to the semi-finals playing against Lancaster. Lancaster won the tournament. It was very exciting that her daughter scored a goal. She asked Council to recognize the tournament committee and AYSO board members for their hard work. As C/Zirbes said, 10,000 additional people in the City as a result of the tournament helped to stimulate the economy and it would be a nice gesture on Council's part to honor the organization. The matter of slope repair in Sycamore Canyon has been an ongoing issue for many years and she would like to have a time commitment as to when the repair would be done and the tarps removed from the hillside. CSD/Rose explained that if the item is included in next year's fiscal budget for construction, mitigation could commence in July 2003. C/O'Connor hoped Council would include the item in the 03/04 budget. The City is very concerned about neighborhood beautification and the Sycamore Canyon slopes have been covered by tarps for years. She reported that Lorbeer Middle School is seeking pictures of former students who are currently serving in the military. She and C/Zirbes attended ribbon -cutting ceremonies for Curves, a new exercise program for women. She encouraged residents to check out the facility. The Chamber of Commerce held its mixer at Shear Artistry. The facility has been expanded and updated. She encouraged residents to visit that business as well. The health and safety of D.B. residents is a City priority. Codes and Ordinances are formulated with that in mind. Staff and Council realized that there has to be discretion and common sense applied. Deputies could decide to give warning citations instead of issuing tickets. Discretion and sensitivity has been applied to the violation of our City codes in relationship to the yellow ribbons that have been placed on the City's trees throughout town. Private organizations and citizens have placed these ribbons without the approval of the City. So, what is the City to do? We have shown our support for the military by having the City post the American flags throughout the City. Private citizens have shown their support by rallying on the street corners or by flying flags at the homes and on their cars, or by tying yellow ribbons on their car antennas. That is a freedom that citizens can enjoy on their own property. How do we handle the use of public property? She expressed concern about the possible precedent that cities establish by allowing the yellow ribbons to remain. Several weeks ago a service organization approached the City about placing yellow ribbons on City trees and they were told no. Later, someone placed the ribbons on the City's trees without approval and against the City's ordinances. So, are we sending a message to the organization that asked permission to not bother asking next time. She asked staff and the City Attorney if Pandora's Box had been opened. What is to prevent schools, for example, from putting their school colors on trees, or red ribbons for Red Ribbon week or pink ribbons for Breast Cancer Month. She asked the City Attorney what the consequences were for allowing the yellow ribbons to remain on the City's trees? CA/Jenkins did not disagree with C/O'Connor that inconsistent enforcement creates potential for future problems. APRIL 15, 2003 PAGE 15 CITY COUNCIL C/O'Connor witnessed a D.B. resident placing yellow ribbons on the City's medians. She thought it was a very dangerous situation for her to be in with vehicles zipping by in both directions. Not only was it dangerous for her, it was dangerous for the drivers who turned to view the situation. She admitted she got a touched and warm feeling when she drove down Grand Ave. and first saw all of those yellow ribbons. However, as a City Council Member, we must consider the ramifications of allowing residents to continue ignoring City codes and ordinances. She was aware that her fellow Council Members had no interest in discussing this matter but she felt a discussion should ensue. She felt, however, that by allowing this type of behavior the City could potentially suffer problems in the future. CA/Jenkins explained to M/Herrera that Council could not give direction other than to have the matter placed on a future agenda. However, staff has duly noted the concern and the matter could be left to the judgment of the City Manager and prioritization of enforcement of the City's codes. C/Chang did not feel the Council needed to discuss this matter. The code is in effect and each Council Member has the right to voice his/her opinion. C/O'Connor felt it was unnecessary to place the matter on the agenda for discussion when the code is already in place. MPT/Huff felt that Council should be mindful of the intent of the law versus the letter of the law. This City has enacted rules to keep it safe and orderly and to make sense out of what would otherwise be chaos. The populace does not like politicians that make nonsense decisions. There are times in our history and experience when we make exceptions for extraordinary times. And I believe that we are in one of those extraordinary times right now. There is a statement that it is easier to get forgiveness than it is to get permission. Certainly we see that in this situation, he felt it was particularly special for all the kids who came to D.B. for the AYSO tournament to see a City with yellow ribbons flying. It was a very spontaneous and patriotic gesture. It was also likely that more than one person participated in hanging the ribbons. He was happy that staff did not remove the ribbons in a timely manner. As events on the other side of the world unfold, the matter will likely resolve itself. He observed the City to be bustling with AYSO participants and found it somewhat difficult to find eating accommodations on Sunday morning prior to attending church services. He thanked staff for their budget presentation. Extraordinary times call for tough decisions and he applauded staff for taking a hard look at their line items and making recommendations for budget cuts. M/Herrera thanked staff for their hard work on the budget. There will be a few study sessions to discuss next year's budget. She is fiscally conservative and likes to plan accordingly. If the money comes in later there can be a list of options that can be added. If the Council is cautious about building the budget, it does not mean that the City will eliminate services or programs. If the State is forthcoming with the funds, she would be the first to seek a return of items to the budget. It won't be an easy process for staff or Council. The City has ordinances and rules and regulations. Sometimes they are enforced religiously. Sometimes discretion is APRIL 15, 2003 PAGE 16 CITY COUNCIL exercised. She tends to be sympathetic to some issues. Even though the City has an ordinance prohibiting spontaneous memorials, we find them as an outpouring of grief. So there have been times in this City when memorials have been allowed — in some cases for many years. Yellow ribbons went up for the POW's. She is pleased that they were rescued and it is likely the yellow ribbons will come down in the near future. This is not a black and white world. There are many shades of gray. She does not want to be hard-nosed and enforce every rule and regulation to the letter and believes that flexibility should prevail under certain circumstances. 10. ADJOURNMENT: There being no further business to conduct, M/Herrera adjourned the meeting at 9:25 p.m. LYNDA BURGESS, CITY CLERK ATTEST: CAROL HERRERA, MAYOR Agenda No. 6.2 CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION HEARING BOARD ROOM OF S.C.A.Q.M.D./THE GOVERNMENT CENTER 21865 E. Copley Drive MARCH 27, 2003 CALL TO ORDER: Chairman Torres called the meeting to order at 7:02 p.m. in the SCAQMD/Government Center Building Auditorium, 21865 E. Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Vice Chair Hull led the Pledge of Allegiance. ROLL CALL: Present: Chairman Torres, Vice Chairman Hull, and Commissioners Grundy and Lui Commissioner Lyons arrived at 7:15 p.m Staff: Bob Rose, Director of Community Services; Kim Crews, Senior Management Analyst; Ryan Wright, Recreation Supervisor; Ryan McLean, Recreation Coordinator; and Marisa Somenzi, Administrative Assistant. APPROVAL OF AGENDA: As Presented. PRESENTATION OF YOUTH BASKETBALL SPORTSMANSHIP AWARDS — presentation by RS/Wright MATTERS FROM THE AUDIENCE: CALENDAR OF EVENTS: As presented in the agenda. 1. REORGANIZATION OF THE PARKS AND RECREATION COMMISSION: Chair/Torres thanked his fellow Commissioners for their efforts during his term in office. He is very proud of the Commissioners and their long list of accomplishments. 1.1 Selection of Chair MARCH 27, 2003 PAGE 2 P&R COMMISSION Commissioner Grundy nominated Commissioner Jeff Hull to serve as Chairman of the Parks and Recreation Commission for the ensuing term. Commissioner Lyons seconded the nomination. There were no other nominations offered. Without objection, Commissioner Jeff Hull was unanimously elected to serve as Chairman of the Parks and Recreation Commission. 1.2 Selection of Vice -Chair Chair/Hull opened nominations for Vice -Chair. Commissioner Torres nominated Commissioner Dave Grundy to serve as Vice -Chair of the Parks and Recreation Commission. Commissioner Lyons seconded the nomination. There were no other nominations offered. Upon voice vote, Commissioner Grundy was unanimously elected to serve as Vice -Chairman of the Parks and Recreation Commission. Commissioner Torres left the meeting at 7:25 p.m. 2. CONSENT CALENDAR 2.1 Approval of February 27, 2003 regular meeting minutes. VC/Grundy moved, C/Lui seconded, to approve the minutes of the February 27, 2003 regular meeting as presented. Without objection, the motion was so ordered with C/Torres being absent. 3. INFORMATIONAL ITEMS 3.1 Recreation Program Report — by RS/Wright. C/Lyons asked if the City planned a 4t' of July celebration this year. She received feedback from last year's attendants that there was too much talking during the event. SMA/Crews responded that the group would not be returning this year. Instead, the City contracted with the Norm Majors Orchestra for the patriotic music and is still negotiating with two other bands for swing music. She said she would submit her report to the Commission next month. Chair/Hull asked whether the City accepts liability for the soccer equipment to which CSD/Rose responded affirmatively. 3.2 Diamond Bar Community Foundation. Chair/Hull reported that the Foundation would conduct a second street sign sale on Saturday, May 17 at 1:00 p.m. at Sycamore Canyon Park. 3.3 Rivers and Mountains Conservancy Grant Requests. MARCH 27, 2003 PAGE 3 P&R COMMISSION SMA/Crews stated that staff submitted two grant proposals to the Rivers and Mountains Conservancy, one for $125,000 for trail and trailhead development at Sycamore Canyon Park and one $850,000 for acquisition of 2.5 acres at Clear Creek Canyon. 3.4 14th Annual City Birthday Party Report — Committee Members Lui and Lyons reported. 3.5 Parks Report — Don Hensley (ValleyCrest Introductions/Deficiencies) 3.6 C.I.P Program Report — by CSD/Rose a. Community/Senior Center b. Sycamore Canyon Park ADA Retrofit c. Starshine Park ADA Retrofit d. Pantera Park Picnic Shelters e. Trail Development at Sycamore Canyon Park VC/Grundy asked if the trail was intended to be just a walking trail or is it multi-purpose? CSD/Rose responded that the City's Trails Master Plan identifies the trail as a walking and bicycle trail, not equestrian. The composition will be decomposed granite. 4. OLD BUSINESS: 4.1 Proposed Agenda for Joint Meeting with the City Council — Power Point Presentation by SMA/Crews. SMA/Crews explained that staff used the same slides previously presented to the Commission during its study session and converted them to a power point presentation. She indicated that the Commission might want to consider making changes to the budget impacts slide. C/Lyons liked the first slide. She felt that there should be more emphasis on the fact that this is the last large piece of land available for acquisition. SMA/Crews recommended that the Commissioners make that point to the Council during their verbal presentation and discussion. Chair/Hull felt the slide was okay as presented and that the verbal presentation could include salient points. CSD/Rose responded to VC/Grundy that the only other project he is aware of is that a Council Member expressed interest in a BMX facility. Council may also want to discuss park maintenance issues. MARCH 27, 2003 PAGE 4 P&R COMMISSION VC/Grundy asked how TruGreen has responded to staff's punch list. PMS/Hensley explained that TruGreen has started on the punch list. He has a meeting with them on Monday to discuss the list. At the end of the 30 days staff will again review the list with TruGreen. There were some concerns about some irrigation matters. Staff hopes that TruGreen complies. If not, another contractor will complete the work at TruGreen's expense. CSD/Rose stated that staff received a letter from TruGreen stating they intend to comply with all of the items on the list. C/Lui asked for an explanation of Proposition 12 and 40 — CSD/Rose complied. C/Lyons felt that a brief explanation of each Phase of the Sycamore Canyon Park Retrofit would be helpful. CSD/Rose opined that the Commission might want to add a slide to indicate bullet point items regarding each of the three phases for the Sycamore Canyon Park ADA Retrofit, for instance. Chair/Hull did not want to lose Council's attention or go beyond the allotted time by including too much information. One hour goes very quickly. Chair/Hull asked that staff handle the overall presentation with input from the Commissioners. Chair/Hull said he would speak on Site D and C/Lyons agreed to speak on the Sycamore Canyon Park ADA Retrofit. VC/Grundy felt the Commission should provide Council with a definitive agenda. In terms of running through the agenda, it would be best for Chair/Hull to drive home the items that the Commissioners feel strongly about. As the agenda gets into areas of special interest the Chair could hand it off to individual Commissioners and then resume control of the discussion. CSD/Rose felt that staff should meet with Mayor Herrera and then hold further discussions with the Commissioners. 5. NEW BUSINESS: 5.1 FY 2003/04 Budget Considerations and Priorities — presentation by CSD/Rose. C/Lyons said that during today's walkthrough at Maple Hill she observed that one play structure needed to be replaced and should be added to the list. Regarding the "movies under the stars" project, an individual who is knowledgeable about this subject indicated that the project could be done with a 16mm projector and film making it a much less expensive venture. She said that in light of current agreements with the school district she could not support an expenditure of $600,000 for artificial turf. MARCH 27, 2003 PAGE 5 P&R COMMISSION VC/Grundy felt that the Commission needed to remain focused on providing events and programs for teens. 6. ANNOUNCEMENTS: C/Lui said that he appreciated attending the seminar in San Jose and wished he could have participated in more discussions. He felt fortunate to be able to work with staff during the event. If he were able to attend next year's session he would plan to attend more activities. C/Lyons reported on her walkthrough of Sycamore Canyon Park. She thanked SMA/Crews for the new form to use during walkthroughs and found it to be very helpful. She referred to a newspaper article on the Larkstone property. Comments will be received at the District's office on Tuesday, April 1 at 7:00 p.m. VC/Grundy reiterated that he would not be present for the April 24 Commission meeting and joint study session with the City Council. He wished everyone well. He will, however, be able to attend the City Birthday party. He enjoyed the conference in San Jose. It was a good and educational experience. He felt Diamond Bar should be a presenter at the conference due to staff's professionalism. During the conference he walked some of the parks in San Jose. He commented that the river walk was interesting and felt that Sycamore Canyon Park could be considered for such a venture. He picked up information about climbing walls and sports rocks that he will share with C/Lyons after tonight's meeting. Chair/Hull welcomed VC/Grundy to his new position. He thanked outgoing Chairman Torres for his service to the Commission and the City. He attended the CPRS Convention in San Jose and appreciated networking with other commissioners. During one session he spoke with the community services director from Fontana about their skate park. Fontana has 60,000 square feet for their skate park — we have 10,000 square feet. The director from Fontana expressed concern that their skate park participants also refused to wear safety gear. The exhibits were great. He and VC/Grundy spent time with the Sports Rock representative discussing the climbing wall. Chair/Hull hoped to have information to present to the Council during the joint study session. He found some of the CPRS workshops to be interesting and some uninformative. He agreed with VC/Grundy that there was a general lack of professionalism. CSD/Rose responded to Chair/Hull that just yesterday staff attended its first planning meeting for the 2004 CPRS Conference. Staff will be participating in the opening session at next year's CPRS Conference in Anaheim. MARCH 27, 2003 PAGE 6 P&R COMMISSION ADJOURNMENT: Upon motion by C/Lyons, seconded by C/Lui and there being no further business to come before the Commission, Chairman Hull adjourned the meeting at 8:41 p.m. Respectfully Submitted, /s/ Bob Rose Bob Rose, Secretary Attest: /s/ Jeff Hull Chairman Jeff Hull CITY COUNCIL' TO: Honorable Mayor and Members othe City Council VIA: Linda C. Lowry, City Manage TITLE: Treasurer's Statement — March 31 20t RECOMMENDATION: Approve the March 2003, Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Agenda # 6.4 Meeting Date: May 6, 2003 AGENDA REPORT Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. This statement shows the cash balances for the various funds, with a breakdown of bank account balances, investment account balances and the effective yield earned from investments. PREPARED BY: Susan Full, Accountant II Depari4nt Head Attachments: Treasurer's Statement /- M - Deputy dty Manager i CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT March 31, 2003 BEGINNING TRANSFERS ENDING BALANCE RECEIPTS DISBURSEMENTS IN (OUT) BALANCE GENERAL FUND $22,130,322.73 $517,482.95 $1,265,000.03 ($47,296.60) $21,335,509.05 LIBRARY SERVICES FUND 82,383.52 602.D0 81,781.52 COMMUNITY ORG SUPPORT FD (9,904.00) 600.00 (10,504.00) GAS TAX FUND (167,444.61) 85,205.58 (180,264.19) (262,503.22) TRANSIT TX (PROP A) FD 1,317,349.28 103,218.38 137,069.35 1,283,498.31 TRANSIT TX (PROP C) FD 1,473,851.57 62,448.77 (358,923.83) 1,177,376.51 ISTEA Fund 574,605.35 574,605.35 INTEGRATED WASTE MGT FD 526,997.24 3.00 9,199.70 517,800.54 AB2928-TR CONGESTION RELIEF FD 222,088.52 (13,301.46) 208,787.06 AIR QUALITY IMPRVMNT FD 218,570.43 15,711.45 35,672.89 198,608.99 PARK & FACILITIES DEVEL. FD 1,815,414.80 623,209.09 2,438,623.89 COM DEV BLOCK GRANT FD (23,985.03) 4,665.00 10,930.01 (296,757.73) (327,007.77) CITIZENS OPT -PUBLIC SAFETY FD 311,726.79 27,263.85 284,462.94 NARCOTICS ASSET SEIZURE FD 305,878.12 305,878.12 CA LAW ENFORCEMENT EQUIP PRGN 83,884.38 83,884.38 LANDSCAPE DIST #38 FD 490,183.81 10,424.13 (450.00) 479,309.68 LANDSCAPE DIST #39 FD 249,114.64 9,470.96 239,643.68 LANDSCAPE DIST #41 FD 401,603.84 4,759.43 (17,666.95) 379,177.46 GRAND AV CONST FUND 131,900.28 (3,698.50) 128,201.78 CAP IMPROVEMENT PRJ FD (1,835,673.76) 683,618.65 1,496,302.19 (1,022,990.22) SELF INSURANCE FUND 1,147,279.46 1,584.00 1,145,695.46 EQUIPMENT REPLACEMENT FUND 165,628.33 165,628.33 COMPUTER REPLACEMENT FUND (3,071.84) (3,071.64) PUBLIC FINANCING AUTHORITY FUND 10,652,906.41 8,345.59 44,681.43 (1,201,152.02) 9,415,418.55 TOTALS $40,261,610.26 $797,080.72 $2,240,876.43 $0.00 $38,817,814.55 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT ($912,141.67) PAYROLL ACCOUNT 10,236.40 CHANGE FUND 250.00 PETTY CASH ACCOUNT 500.00 TOTAL DEMAND DEPOSITS ($901,155.27) INVESTMENTS: US TREASURY Money Market Acct. $573,619.90 LOCAL AGENCY INVESTMENT FD 28,528,779.35 29,102,399.25 CASH WITH FISCAL AGENT: US TREASURY Money Market Account $655,767.48 LOCAL AGENCY INVESTMENT FD 9,960,803.09 (Bond Proceeds Account) 10,616,570.57 TOTAL CASH $38,817,814.55 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. There are two LAIF accounts set The regular account's funds are available for withdrawal within 24 hours. The LAIF Bond Proceeds account's withdrawals re( 30 days notice. As a secondary investment option, the City maintains the US Treasury Sweep Accounts with Wells Fargo and the City's Fiscal Agent, Union Bank of California. Any excess funds are "swept" on a daily basis from the City's bank accounts and are invesl overnight in a pool of US Treasury Notes. Interest is credited to the City's bank accounts on a monthly basis L.A.I.F - Effective Yield - March 2003 1.9134% Wells Fargo Money Mkt -Effective Yield - March. 2003 0.650% Union Bank Money Mkt - Effective Yield - March. 2003 1.150% All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expenditures. Linda C. Lowry, Treasurer Agenda # 6 . 5. 1 Meeting Date: May 6, 2003 AGENDA 1 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager�',a TITLE: Exoneration of Cash Deposit in Lieu of Grading Bond in the amount of $1,477.00 for Lot No, 51 of Tract No. 30289 (2676 Steeplechase Lane, The Country). RECOMMENDATION: It is recommended that the City Council approve the exoneration of the Cash Deposit in Lieu of Grading Bond in the amount of $1,477.00 and direct the City Clerk to notify the owner, Samuel Hwang, of this action. FISCAL IMPACT: This action has no fiscal impact on the City. BACKGROUND/DISCUSSION: The Department of Community and Development Services is in receipt of a request for grading bond exoneration for Lot No. 51 of Tract No. 30289 (2676 Steeplechase Lane, The Country). A grading bond for improvement security was required in accordance with the Subdivision Map Act. The owner, Samuel Hwang, posted with the City a cash deposit in lieu of grading bond on August 8, 2000. The Public Works Division has confirmed all grading work is completed and in conformance to the grading plan. PREPARED BY: John L. Ilasin, Assistant Engineer REVIEWED BY: r D vid . Liu J6r4s DeStefan Director of Public Works Deputy City Mana er Attachment: Letter of Request, dated March 24, 2003 Date Prepared: April 30, 2003 03/24/03 City of Diamond Bar c/o David G Liu, P.E. 21825 E. Copley Dr. Diamond Bar, CA 91765 Dear Mr. Liu. This letter is to request the bond release for my house located at 2676 Steeplechase Lane, Diamond Bar, CA 91765, for the amount of $1,477.00, which was deposited to City of Diamond Bar on August 31, 2000. Should you have any questions please contact me at 909-265-8888. Your assistance in this matter is highly appreciated. Sincerely Samuel Hwang Property Owner Agenda# 6.5-2 Meeting Date: Mav 6, 2003 CITY COUNCIL AGENDA REPORT C�1�'<»rK,nawn TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City ManageL-> r TITLE: Exoneration of Grading Surety Bond (Faithful Performance- Bond No. 103172911693) in the amount of $1,650.00 for ARCO Facility #5914 at 3302 S. Diamond Bar Boulevard. RECOMMENDATION: It is recommended that the City Council approve the exoneration of the Grading Surety Bond (Faithful Performance- Bond No. 103172911693) in the amount of $1,650.00 for ARCO Facility #5914 at 3302 S. Diamond Bar Boulevard and direct the City Clerk to notify Near North Insurance Brokerage, Inc. of this action. FISCAL IMPACT: This action has no fiscal impact on the City. BACKGROUND/DISCUSSION: The Department of Community and Development Services is in receipt of a request for grading bond exoneration for ARCO Facility #5914 at 3302 S. Diamond Bar Boulevard. A grading bond for improvement security was required in accordance with the Subdivision Map Act. The owner, ARCO Products Company, posted with the City a grading surety bond on February 3, 1993. According to City records, the City contract inspector, Ron Kranzer & Associates, at that time confirmed all grading work was completed and in conformance to the grading plan. PREPARED BY: John L. Ilasin, Assistant Engineer REVIEWED BY: D d . Liu Director of Public Works J es DeStef no Deputy City Manager Date Prepared: April 30, 2003 Attachments: Letter of Request, dated March 4, 2003 Grading Surety Bond (Faithful Performance- Bond No. 1 031 7291 1 693) NEAR NORTH INSURANCE BROKERAGE, INC. A MEMBER OF THE NEAR NORTH NATIONAL GROUP 675 N. MICHIGAN AVENUE CHICAGO ILLINOIS 60611 312/280.5600 FAX 312/280-7399 March 4, 2003 City of Diamond Bar City Clerk's Office 21660 E. Copley Drive, Ste. 100 Diamond Bar, CA 91765 Re: BP West Coast Products LLC Performance Bond - Grading Bond for ARCO Facility #5914 at 3302 So. Diamonda3ar Boulevard, Diamond Bar, CA Bond Number: 103172911693 (prior bond number U80037710) ry To Whom It May Concern: Near North Insurance Brokerage is the surety agent for BP West Coast Products LLC. We are attempting to exonerate old liability for completed work on performance bonds. The referenced bond is in the amount of $1,650.00, and is for "Grading Bond for ARCO Facility #5914 at 3302 So. Diamond Bar Boulevard, Diamond Bar, CA", I have attached a copy of the original bond that was executed with the city. Please reply back regarding whether this bond is still required or if it can be released. If the bond can be released, please forward documentation for our files. Thank you for your assistance. Sincerely, NEAR NORTH INSURANCE BROKERAGE, INC. Jefrey S. Ciecko Account Associate Direct Phone: (312) 280-7229 Email: iciLecko@nnng.com CHICAGO DALLAS HOUSTON LONDON LOS ANGELES NEW YORK TAMPA WASHINGTON DC BOND NO. 0-8003771 C'I T Y• OF DIAMOND BAR PRBMIDM= $100.00/2 yre GRADING BOND llOOfs FAITHFUL PERFORMANCE) Project: . ATLANTIC RICHFIELD COMPANY, A DELAWARE KNOW ALL MEN BY THESE PRESENTS: That CORPORATION as, and UNIP C IC INSURANCE hereinafter referred to collectively as, "Principle", and C NTA) a corporation organized and existing under the laws of the State of WASE320 ON and duly authorized to transact surety business in the State of California as, an ereinafter referred to as, "Surety", are held and firmly bound unto the City of Diamond Bar, hereinafter referred to as the "City", in the sum of $1,650.00***** 'Dollars for Faithful Performance and Xxxxxx Dollars for Labor and Materials, for the payment of which Principle and Surety ind themselves, their heirs, administrators, successors and assigns, jointly and severally as follows: THE CONDITION OF THE ABOVE OBLIGATION IS THAT: WHEREAS, Principal is the owner of a parcel of land in the city, which it is seeking to perform grading operations and has filed -with the City a grading plan and grading permit application for such parcel of land described as: 3302 50. DIMOND BAR BOULEVARD, DIAMOND BAR, CA 91765. ARCO FACILM #5914. : and WHEREAS, as a condition precedent to the approval of said grading plan Principle is required to deliver to the City a bond, securing payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them for such improvements and in the faithful performance of Principle to complete such grading pursuant to the provisions of the City's Code; and WHEREAS, all of such grading is to be performed in accordance with the grading plans approved by the City Engineer for such parcel; and WHEREAS, Principle shall perform any changes or alterations in the grading required by the City to conform to approved plans for above said grading; and WHEREAS, Principle shall complete the grading operations within days from the date of commencement; and WHEREAS, the completion of such grading shall be at the sole cost and expense of Principle. NOW, THEREFORE, if Principla shall faithfully perform and shall pay the contractor, his subcontractors and all persons renting equipment or furnishing labor or materials to them for the full cost of all work as shown on the grading plan in accordance with the conditions of approval of said plan and permit, then this obligation shall be null and void. PROVIDED, HOWEVER, if Principle shall not pay the contractor, his subcontractor and all persona renting equipment or furnishing labor or materials to them for the full cost of said approved grading, then this obligation shall remain in full force and effect and such contractor, subcontractor, City and�perscns shall have a direct right of action against the Principle and Surety under this obligation, subject to the priority of the city. PROVIDED, HOWEVER, if Principle shall not faithfully perform all work as shown on the approved grading plan then this obligation shall remain in full force and effect. PROVIDED FURTHER, HOWEVER, that Surety hereby stipulates and agrees that no change, extension of time, alteration of modification of the contract documents or of the work to be performed thereunder shall in any way effect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or modification of the contract documents or of work to be performed thereunder, and PROVIDED, FURTHER, that in case suit is brought upon this bond by the city or any other person who may bring an action on this bond, a reasonable attorney's fee, to be fixed by the Court, shall be paid by Principal or Surety. IN WITNESS WHEREOF, Principle and Surety have caused these presents to be duly signed and sealed this 32D day of FEBEMY , 19 93 (Seal) (Seai) . SURETY By 11IC INSURANCR COMPANY By C.K. NAKAMMA By AT1'OBSEY-IN-FACT CLZPUALS. CA 91203 ADDRESS PRINCIPLE ATLANTIC RICHFIRLD COMPANY By By, 17315 STODEBARER ROAD CERRrM. CA 90701-1488' ADDRESS INSTRUCTIONS 1. The above bond must be executed by both the Principle and the Surety. 2. If the Principle is a corporation, the bond must be executed in the corporate name and signed by the President or a Vico-President and the Secretary or Assistant Secretary, and the corporate seal affixed. If the Principle is a partnership, it must be signed by all partners. If the Principle is an individual doing business under a fictitious name, it must be signed by all persons having an interest in the business, and the fictitious name must be signed also. The bond must be notarized by both the Principal and the Surety. 3. The bond, after approval, must be filed with the City Clerk of the City of Diamond Bar. AGENDA ITEM 6.6 THIS MATTER HAS BEEN REMOVED FROM THE AGENDA Agenda # 6.6 Meeting Date: May 6, 2003 CITY COUNCIL 4�oxa,eAGENDA REPORT � .KFp �9 TO: Honorable Mayor and Members 9f the City Council VIA: Linda C. Lowry, City Manager_ N11- 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, . r Omen the Subcommittee recom to the annual cost-of-Iivin mends an annual cost-of-livin g increase afforded to Cit g increase to the hour) City staff concurs y employees. Y rates which will be ti.,, provides the Cit with the recommendation of the responsive to the needs of the CWith excellent ity. City Council Finance Subcommittee. dal services. He is a recognized Mr. Je Attorney services expert in municipal law and requirements. are considered professional services and the proposed Although the City did not solicit bids from hourly rates are si m others such, are exempt from engaged by the City, gnificantly lower than the attorney any form, hour) r y firms, it should be noted y Ates charged by other attorney; Prepared by: Deputy City Manager IT CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manag4-L1 Agenda # Meeting Date. _05/06/03 AGENDA REPORT TITLE: AWARD OF CONTRACT TO PDG & ASSOCIATES FOR CONSULTATING SERVICES TO COMPLETE THE YOUTH MASTER PLAN IN THE AMOUNT OF $82,000 AND AUTHORIZE A CONTENGENCY AMOUNT OF $5,000 FOR A TOTAL AUTHORIZATION OF $87,000. RECOMMENDATION: Award the contract and authorize the allocation of contingency funds. FINANCIAL IMPACT: The City Council appropriated $87,000 in the 2002/2003 Fiscal Year Budget at the mid -year budget review on April 15, 2003 for the completion of the Youth Master Plan. The contract with PDG & Associates to provide the consulting services, the surveys, and the final product is in the amount of $82,000. The authorization of $5,000 for contingencies and photocopies is also being requested. Cost breakdown: Consulting services, meeting facilitation, public workshop facilitation, final product $45,000. Resident Household Telephone Survey and results tabulation $33,000. Search Institute Profile of Student Life: Attitudes and Behaviors and results tabulation $ 4,000. Youth Master Plan report photocopies and contingencies 5,000. Total $87,000. BACKGROUND: A Request for Proposals (RFP) soliciting bids from qualified consulting firms was released in October 2002. Three firms responded to the RFP; PDG & Associates, Purkiss Rose -RSI, and Forethought- Thinking for Success. As a component of the selection process, PDG & Associates and Purkiss Rose -RSI; both Southern California based firms, were interviewed by staff to ascertain their qualifications, suitability to the project, reliability and validity of research methods, successful completion of similar projects, and costs for services. Forethought- Thinking for Success, a firm based in Philadelphia, PA was not interviewed by staff, as their response included significant costs dedicated to compensation for travel and lodging expenses and fewer costs dedicated to direct hours of service. After conducting interviews and reference checks of the two Southern California based firms, staff determined PDG & Associates to be the more qualified firm for this project. DISCUSSION: PDG & Associates will guide the Youth Master Plan process to identify and document youth needs based upon reliable and valid data from youth and community input; and will prioritize recommendations for action to make Diamond Bar a more responsive community to youth and their families. The result will be a dynamic, useable document that will guide the delivery of services and programs that support the healthy development of Diamond Bar's youth. The Youth Master Plan document may be utilized for grant fund procurement based upon the statistical data collected and description of trends and issues affecting young people. The Youth Master Plan will also facilitate meeting the teen program and teen advisory committee goals of the adopted Parks Master Plan and the City Council Goals and Objectives. Program and services benchmarking and outcome measurements that will be described in the Youth Master Plan process must be based upon statistically reliable initial data in order to be useful. The statistical data will be collected using two primary surveys. The first questionnaire, designed by Research Network, Ltd. with input from community stakeholders, will randomly telephone survey 450 Diamond Bar households (those with and without youth residing in the home) regarding youth program and service usage, community needs, "youth asset" inventory, and "grading grown ups"' in their commitment to and performance in providing support for enriching youth assets. The second questionnaire, the Search Institute Profile of Student Life: Attitudes and Behaviors is a comprehensive survey (156 questions) that measures a variety of attitudes and behaviors among youth in the community. The survey will be randomly distributed to 1,000 youth (grades 6-12) and is intended to look at positive experiences and the 40 Developmental Assets' among youth, along with risk taking behaviors. The survey attempts to measure internal assets (positive values, social competencies, school success, etc.), external assets (networks of support, constructive use of time, community support, etc.), deficits (violence, poverty, abuse, etc.), pro -social behaviors (helping others, valuing diversity, leadership, etc.), and risk-taking behaviors (use of alcohol, drugs, etc.). In addition to collecting the pertinent data, a Youth Master Plan Steering Committee will be formed to create the process for the development and implementation of the plan. This committee of community stakeholders; youth, parents, policy makers, educators, and service providers would be charged with the responsibility to identify and inventory needs and existing services in the community, obtain community and youth input, and develop the goals and objectives which would then provide the framework of community programs which addresses the healthy, vibrant development of Diamond Bar youth. The plan will also identify the various service providers best positioned to provide the recommended programs. The terms "youth asset", "grading grown ups", and "40 Developmental Assets" are concepts defined as part of the Healthy Communities, Healthy Youth program through the Search Institute, an independent, nonprofit, nonsectarian organization whose mission is to advance the well-being of adolescents and children by generating knowledge and promoting its application. ATTACHMENTS: 1) Youth Master Plan Consulting Services Request for Proposals 2) Search Institute's 40 Developmental Assets 3) Consulting Services Agreement PREPARED BY: Kim Crews, Senior Management Analyst Director of Community Services no J es DMeStef 44? Deputy CHager CONSULTING SERVICES AGREEMENT This Agreement is made and entered into this 6th day of May 2003, between the City of Diamond Bar, a Municipal Corporation (hereinafter referred to as "City") and PDG & Associates ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A". B. Consultant represents that it is fully qualified to perform such consulting 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. Consultant's Services A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A". B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B". 2. Term of Agreement. This contract shall take effect May 6, 2003 and shall continue until completion of the project unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant 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 Consultant pursuant to this Agreement shall not exceed $82,000. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City Manager, Linda C. Lowry Consultant: Sheryl Gonzales City of Diamond Bar PDG & Associates 21825 East Copley Drive 36 Grant Street Diamond Bar, CA 91765-4177 Irvine, CA 92620 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain, as to City, a wholly independent contractor. Consultant 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 Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant 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. Consultant agrees to pay all required taxes in amounts paid to Consultant 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 Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant warrants and represents that it has no employees and is not required under the California Labor Code to carry worker's compensation insurance. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant 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, 2 errors or omissions of Consultant, 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 Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. A. Consultant 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 (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of$1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance, with minimum combined single limits coverage of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; and (4) workers' compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy(ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only, B. 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) days prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. C. All policies of insurance shall cover the obligations of Consultant 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 than A VII. 10. Confidentiality. Consultant, in the course of its duties, may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant 3 under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any 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. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15`h) day following delivery of the notice. In the event of such termination, City agrees to pay consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant 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 Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 4 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant 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 non-discrimination 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. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant 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. Consultant 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. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 19. 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 Consultant constitute or be construed as a waiver 5 by City of any breach of covenant, or any default which may then exist on the part of Consultant, 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. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal of 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. 21. 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, designated in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supercedes 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. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. 6 .4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. "City" ATTEST.- "Consultant" TTEST: "Consultant" M Lynda Burgess, City Clerk Approved as to Form: City Attorney City of Diamond Bar PDG & sociates Carol Herrera, Mayor Agenda # 6 _ R Meeting Date: May 6, 2003 CITY COUNCIL ``' �, ' l AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager _�, TITLE: APPROVAL OF A LICENSE AGREEMENT WITH THE CITY OF INDUSTRY FOR GRAND AVENUE MEDIAN LANDSCAPE IMPROVEMENT RECOMMENDATION: Approve the License Agreement. BACKGROUND: A portion of the Grand Avenue median situated near Diamond Bar Honda is located within the City of Industry. The City of Diamond Bar is desirous of improving the appearance of this entry area into our City. We have developed landscape design plans and appropriated funds for this project within the Fiscal Year 2002-2003 Budget. Since a portion of this project area is located within the City of Industry we must enter into a License Agreement with Industry prior to the commencement of the construction phase of this project. The License Agreement has been prepared and recently approved by the City Council of the City of Industry. DISCUSSION: There is no obligation to complete the project nor cost associated with the approval of the License Agreement. The median project is estimated to require $96,000.00 ($57,600 — General Fund, $38,400.00 — LLAD 38) to construct. The City of Diamond Bar will be responsible for the complete cost of the median construction and all future maintenance of the project improvements. The approval of the License Agreement is requested at this time. However, the ongoing State budget crisis and pending 57/60 Freeway construction activity may effect project financing and timing for construction. Therefore, we anticipate a postponement of construction and reconsideration of the project as a component of the upcoming City Fiscal Year 2003-2004 budget discussion. ATTACHMENTS: 1) License Agreement 2) Grand Avenue Landscape Median Design Rendering PREPARED BY: Kim Crews, Senior Management Analyst REVIEWED BY: Bob Rose Director of Community Services 4 '7 G 6 Afnes DeSt fano Deputy City Manager LICENSE AGREEMENT RECITALS A. City of Industry (hereinafter "Licensor") is the owner of a portion of a public right-of-way generally known as Grand Avenue, and in particular, the portion of Grand Avenue located within its territorial boundaries and immediately adjacent to the boundary with the City of Diamond Bar, described in Exhibit A attached hereto and incorporated herein by this reference thereto (hereinafter the "license area"). B. Although the license area is within the boundaries of the City of Industry, it appears part of the Diamond Bar right-of-way; hence, City of Diamond Bar (hereinafter "Licensee") seeks to improve and maintain the median in the license area in a manner consistent with that portion of the Grand Avenue median located in Diamond Bar in order to improve the overall aesthetics of the highway and to maintain a uniform streets appearance in the area. C. As an accommodation to Licensee, Licensor is willing to grant Licensee a revocable, nonexclusive license as proposed in a manner as to pose a minimal burden on the license area and to improve and maintain its appearance. LICENSE 1. License. A revocable, nonexclusive license is hereby granted to Licensee on the Industry -owned right -of --way as described in the sketch attached hereto as Exhibit A in accordance with and subject to the terms and conditions of this license, for installation and planting of the landscape and irrigation improvements described in Exhibit B attached hereto and incorporated herein by this reference, and for routine maintenance of said improvements. 2. Term. This license shall take effect on March 18, 2003, and shall remain in effect until and unless revoked by Licensor pursuant to Paragraph 3 herein or voluntarily relinquished or abandoned by Licensee. 3. Term ination/Revocation. This is a revocable license and may be revoked by Licensor at anv time, with or without cause, in Licensor's sole discretion, upon giving Licensee ninety (90) days' advance written notice of revocation. Licensee expressly acknowledges that Licensee has no permanent right to the continued use of the license area, nor does this License give rise to anv such ri;ht, title or interest in the license area. In the event of revocation or abandonment by Licensee, the improvements planted and installed in the license area may bt left in place and Licensee shall cease maintenance of the improvements. +. License Fee. Consideration for this license shall consist of Licensee's improvement of the appearance of the license area, an improvement that benefits the public rizht- of-Nvav of both cities. No further consideration is contemplated or required by this license. 5. Assignment. This license shall not be assigned or transferred without the written consent of Licensor. Any such purported assignment or transfer shall be void and of no effect. 6. Indemnification. Licensee shall indemnify, defend and hold harmless Licensor, its officers, employees and agents from and against all claims, causes of action, liabilities and damages for injuries to persons and property, including costs of defense and reasonable attorney fees, arising from use of Licensor's property pursuant to this license by Licensee. Licensee shall promptly pay the amount of any judgment rendered against Licensor, its officers, employees and agents for any such indemnified claims, and reasonable costs and attorney fees incurred by Licensor in the defense of such claims. ?. Licensor's right of entry. Licensee acknowledges the Licensor's absolute right to enter upon, use, maintain, and alter the license area for any and all lawful public purposes. 8. Damage to City property. Licensee assumes responsibility for all damage to Licensor's property caused by its use of the license area and shall reimburse City for correction of any such damage. 9. Use of license area. Licensee's use of the license area shall be limited to construction and maintenance of landscape and irrigation improvements described in Exhibit B. IN WITNESS WHEREOF, the parties have executed this License Agreement on the date first written above. CITY OF INDUSTRY L ATTEST CITE" CLERK NOR) CITY OF DIAMOND BAR (LICENSEE) NVLAYOR .ATTEST: CITY CLERK Sipature(s) must be acknowledged before a Notary Public: STATE OF CALIFORNIA COUNTY OF LOS ANGELES On said State, personally appeared ss before me, the undersigned, a Notary Public in and for known to me to be the person — whose name _ was/were subscribed to the within instrument and acknowledged that executed the same. Witness my hand and official seal. Signature 3 - Zwl«aA W �3 i Os 0� CITY COUNCIL Agenda # ti _ A Meeting Date: May 6, 2003 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager A 111/ TITLE: ACCEPTANCE AND APPROPRIATION OF 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. Recommendation: Accept the $1,500 donation and appropriate into the General Fund. Financial Impact: $1,500 would be donated by the Diamond Bar Community Foundation to support the operation of the concert. Additional costs to the General Fund would be minimal. Prop A funds, provided by the City, would cover the cover the cost of the shuttle service for the event. All other costs would be covered by the $1,500 donation. All advertising for this additional concert would be included with the series, promotional material, with no additional cost incurred to the City. All advertising for this concert would include the name of the Foundation as the sponsor. Background: During City Council's review of the 2002/03 FY budget, funds from three community concerts were reallocated to other community special events. Currently, there are seven community concerts planned for this summer at Sycamore Canyon Park (including 4t" of July). The concerts are planned for Wednesday evenings from 6:30p.m. to 8:00p.m. for six consecutive weeks. The 4t" of July was planned as the beginning of the concert series, with the second concert planned for the following Wednesday. On April 22, 2003, the City received a letter from the Diamond Bar Community Foundation offering a donation of $1500 to provide for an additional concert during the summer Concert in the Park series. The Foundation wants to have the concert presented on Wednesday, June 25 and would like to have the "Foundation" name included as the sponsor of the concert in all advertising done for the concert series. The Foundation would also like for the City to provide Proposition A funds to pay for the shuttle service at this concert. According to City Policy and Procedure (C-1), the City Manager is authorized to accept gifts and donations which do not exceed $3,000 in value. This item is being presented to the City Council for consideration because funds necessary to conduct the concert need to be appropriated into the 2002/03 FY budget. Only the City Council can appropriate funds into the budget. Discussion: The specific public and charitable purposes for which the Diamond Bar Community Foundation is organized are to lessen the burdens of government, to promote and implementation of the Parks Master Plan of 1998 of the City of Diamond Bar and to support the cultural, recreational and human service needs of the City of Diamond Bar. With this purpose in mind, the Diamond Bar Community Foundation's Board of Directors unanimously approved the sponsorship of an additional concert to increase the number of community concerts to eight. The concert would take place on Wednesday, June 25tH Prepared By: Sara West Recreation Supervisor Bob Rose Community Services Director ill L-4�-p JeAes DeSefano Deputy City Manager Attachments: Letter to Mayor Carol Herrera City Policy and Procedure/Acceptance of Gifts and Donations (C-1) I "i7 E N.re uD CO-LMUSNI, ! FOUNDAN; Mayor Carol Herrera City of Diamond Bar 21825 E. Copley Drive Diamond Bar, CA 91765 April 19, 2003 Dear Mayor Herrera, P.O. Box 4697 Diamond Bar, CA 91765-0697 _ h n 909-861-0090 r Na :34C c_- 7C3 rt As you know, the mission of the Diamond Bar Community Foundation is to preserve, protect and enhance the quality of life for the City of Diamond Bar. In light of the fact that, due to budget constraints, the City Council has reduced the number of Concerts in the Park, the Foundation Board of Directors have unanimously approved enhancing this summer's Concert in the Park Program by sponsoring an additional Concert. The Foundation would like to sponsor a Concert for Wednesday, June 25, 2003. It is our understanding through Bob Rose, Community Services Director, that the cost of a Concert is $1,500. This would include the following costs: the Band, the Sound System, City and Sheriff Staff time. We would like to ask that if the City accepts this sponsorship of $1,500 that the City provides the Shuttle Service with the use of Proposition A funds. We would also ask that the City include the name of the Foundation as the sponsor for this Concert in all advertising done for the Concert series. A Board Subcommittee of Ernie Delgadillo, Faith Lee and Jody Roberto would like to work with the Community Services Department for the selection of the Band. We would like to include other non-profit organizations to provide the Food, Ice Cream, Popcorn and other items as is done with the other Concerts. This is an exciting time for the Foundation to be able to provide funds to the City to enhance the quality of life for our citizens. We hope that the City will join us in providing this additional Concert. If you have any questions please feel free to contact me. Sincerely, Deborah H. O'Connor Chairman, Diamond Bar Community Foundation cc. Linda Lowry, City Manager City Council Foundation Board of Directors POLICY AND PROCEDURE-------_�_�____�_�_ Number: Authority: Effective: Revised: CITY OF DIAMOND BAR POLICY AND PROCEDURE C-1 city council Minute order January 21, 1997 Purpose To implement procedures materials, furniture, artwork, organizations and others to programs or facilities. 2. Provisions for acceptance of gifts and donations of money, equipment and services from citizens, community the City of Diamond Bar for its use or use in its The City Manager is authorized to accept gifts and donations which do not exceed $3,000 in value in the aggregate, per donor. Gifts and donations exceeding the amount of $3,000 cannot be accepted unless approved by the City Council. Any individual, group or agency who desires to donate items of value to the City should submit a request in writing to the City Manager. The City Manager will review the request to determine whether the City has a need of the gifts and donations being offered. If a need exists, the City Manager will work with the appropriate City Department to decide the appropriateness of the offered gift and/or donation relative to the City's need and/or interest; and ascertain the location, installation, maintenance. operations, liability, valuation, insurance needs, sponsorship (where requested), donor financial and accounting procedures (when appropriate) and other relevant impacts which may be incurred. The City Manager may make the decision for acceptance of the gift/donation or make a recommendation to the City Council in accordance with the provisions of this policy. If a donor requests a plaque be affixed to the gift or donation, the request should be included in the gift/donation offer. The City Manager will review the request and determine whether the wording and size of the plaque are appropriate. All plaques are to be bronzed and are not to exceed forty (40) square inches. The offeree shall pay for the plaque. POLICY AND PROCEDURE ----- _ NO. C-1 Normal maintenance, repair or replacement of vandalized gifts/donations will be the responsibility of the City. If the gift/donation is damaged, the City Manager will have the authority, pursuant to existing relevant ordinances, policies and procedures to make a determination whether or not the damaged item should be repaired, replaced or removed. In the event the item is not replaced, the related item plaque will be displayed at the Community Center in an area designated for donation plaques. 3. Authoritv City of Diamond Bar Purchasing Ordinance and other relevant financial management policies and procedures. CITY COUNCIL Agenda # 6.10 Meeting Date: May 6, 2003 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager`./ TITLE: RESOLUTION NO. 2003 -XX: A RESO TION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE DESTRUCTION BY THE CITY CLERK OF CITY RECORDS AND DOCUMENTS WHICH ARE NO LONGER REQUIRED AS PROVIDED UNDER GOVERNMENT CODE SECTION 34090 RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 2003 -XX approving the destruction of certain records which are no longer required as provided by Government Code Section 34090 and in accordance with the City's Records Retention Schedule adopted in 1991. FINANCIAL SUMMARY: No impact anticipated. BACKGROUND: In January 1991, the City Council approved a Municipal Functional Filing System to be used by all departments for the effective storage and disposition of the City's records. One of the components of the Municipal Functional Filing System is a Records Retention Schedule recommending destruction or retention of all City records in accordance with proper State and Federal statutes. Government Code Section 34090 provides that, "with the approval of the legislative body by resolution and the written consent of the city attorney the head of a city department may destroy any city record, document, instrument, book or paper, under his charge, without making a copy thereof, after the same is no longer required." Destruction of the materials referenced in Exhibit "A" attached to the proposed resolution is determined necessary in order to conserve storage space and reduce staff time, expense and confusion in handling information and informing the public. The City Attorney has reviewed the attached Request for Destruction of Public Records and has Honorable Mayor and Members of the City Council May 1, 2003 Page Two expressed his approval to submit the list and Resolution for adoption by the City Council. PREPARED BY: Lynda Burgess, City Clerk REVIEWED BY: r Lynda Burgess, Cify Clerk pla) David Doyle, eputyity Manager Attachments: Resolution No. 2003 -XX Request for Destruction of Public Records Chart RESOLUTION NO. 2003 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE DESTRUCTION OF CITY RECORDS AND DOCUMENTS WHICH ARE NO LONGER REQUIRED AS PROVIDED UNDER GOVERNMENT CODE SECTION 34090 WHEREAS, it has been determined that certain City records under the charge of the following City Department are no longer required for public or private purposes: CITY CLERK FINANCE WHEREAS, it has been determined that destruction of the above-mentioned materials is necessary to conserve storage space and reduce staff time, expense and confusion in handling, and informing the public; and WHEREAS, Section 34090 of the Government Code of the State of California authorizes the head of a City department to destroy any City records and documents which are over two years old under his or her charge, without making a copy thereof, after the same are no longer required, upon the approval of the City Council by resolution and the written consent of the City Attorney; and WHEREAS, it is therefore desirable to destroy said records as listed in Exhibit "A" attached hereto and made a part hereof, in storage, without making a copy thereof, which are over two years old; and WHEREAS, said records have been approved for destruction by the City Attorney. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: SECTION 1. That approval and authorization is hereby given to destroy those records described as Exhibit "A" attached hereto and made a part hereof. SECTION 2. That the City Clerk shall certify to the adoption of this Resolution. PASSED, ADOPTED AND APPROVED this 6th 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, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the 6th day of May, 2003, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: City Clerk of the City of Diamond Bar (1) (1) (n Cl) 0 0 C13 m C', m is c c - c c - c c c - 0 O 0 00 0 r T cu c 0 c p C N O N O N E2 � Uco L (U L cu Qi ch c+Y a E a E c) a? a� $ E Mo > > > Q Q Q U ITp C p C C 1 M a - 0)d0) a-- m p p > 1 1 r li M co T QO�p 12 CO 2� cL000 LLL ��-jp c c� cT U V) N 1 1 rn _cc cu CD a) CD cZ � T00 1 0) - (n0.cn0 m0 � 0) M ca L _ c C J N p -- "t T 0) O C U O O 1 'C Q 1 U Q w c Q 1 Z p T V) cn T fn Y Y Y U U Y C7 00 O ON O O OCM O O >� p LLm Q 0 0 0 0 0 0 0 W IL N E E fC Lo Q U N O N O N 0%— N O 000 O O 0 2 O O O O 0 >+ >+ >+ L T oU T oU T oU o0 T ocn M L L oa- a. 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E 0 Co O CO ' N +_� 0 p Op 2 U i � N C U) co TU >, o +• N _� 1 N U — M () O T ;M O O O Q O O U' (n U 1LU cq cn U m O Z m Q U) N T C I O Z .Y 1 O> O OO C 0 OoC CoCO m cmO a) mod v- O dO dO d CL 0- du= N M o 0 00)0 0 0 0 0 0 0 O a= Q �»-� c cn N U c U O pI Co U m O C MM > M > C .�N CC O O O pCpU E eO CQ �O E U UC EN Q QOQ •-> Q Q QQQ>to pU OQQQU p U U O Ui a> .a N U C O G O a O N L O c cu a G .j U) O 0 E CD c N E U O N O cu (D t cB L_ N U) CD Q O L m Y a C C M O O 0 L L Ui M d O 00 p T O 7) 0 — O U 2) J O N U C � O U U i � N C U) co C (D >, > C T w O T ;M L O Q O a> .a N U C O G O a O N L O c cu a G .j U) O 0 E CD c N E U O N O cu (D t cB L_ N U) CD Q O L m Y a O U C (D E co Q 0 w EM W Q 2 Agenda # 611 Meeting Date: May 6, 2003 CITY COUNCIL ` AGENDA REPORT TO: Honorable Mayor and Members of the City Council ri VIA: Linda C. Lowry, City Manage TITLE: Resolution No. 2003 -XX approving Fiscal Year 2002-2003 Budget Amendment RECOMMENDATION: It is recommended that the City Council approve Resolution No. 2003 -XX, A Resolution of the City of Diamond Bar amending the FY02-03 Municipal Budget for the City of Diamond Bar. FINANCIAL IMPACT: Decrease to the Estimated Resources for the General Fund in the amount of $393,600. Decrease in General Fund annual appropriations in the amount of $860,427. Decrease in uses of General Fund Fund Balance Reserves of $4,844,406. Various changes in the Special Funds Budgets equaling a decrease in Estimated Revenues of $1,255,466 and a decrease in Estimated Expenditures equaling $1,819,173 for a net increase to the Special Funds fund balances of $563,707. BACKGROUND: The City Council adopted Resolution #2002-50 on June 18, 2002 approving the FY02-03 Municipal Budget. It is City policy for staff and the City Council to periodically review the annual budget and make adjustment as deemed necessary. This year's review has been done with the realization that there may be difficult economic times ahead for the City and real uncertainties in future State funding sources. The City Council discussed the amendment to the budget at the City Council study session and meeting on April 15,2003. The numbers presented in the accompanying worksheets are generally the same as presented earlier with few exceptions. The exceptions include a change in the use of Gas Tax Funds, the reinstatement of the Slurry Seal - Area 5 project and the funding of the creation of the Youth Master Plan. There is also a correction to the beginning General Fund Balance Reserve amount. Page 2 — FY02-03 Budget Amendment DISCUSSION: The following chart is a summarization of the proposed changes in the General Fund Budget: Current Adjusted Budget Amendment Budget Total Annual Revenues $14,174,810 ($393,600) $13,781,210 Total Annual Appropriations 13,768,734 (860,427) 12,908,307 Excess Revenues over Expenditures 406,076 466,827 872,903 Fund Balance Reserves @ 07/01/02 19,964,076 19,964,076 Uses of Fund Balance Reserves 6,024,080 (4,844,406) 1,179,674 Fund Balance Reserves @ 06/30/03 $14,346,072 $5,311,233 $19,657,305 The City's current adopted General Fund Budget for FY02-03 shows anticipated revenues of $14,174,810. It is recommended that the revenue estimate be decreased by $393,600 to $13,781,210. The current approved General Fund Appropriations budget equals $13,768,734. Itis recommended that this budget be decreased by $860,427 to $12,908,307. Additionally, there was a transfer to the Capital Improvement Projects (CIP) Fund of $6,024,080. It is recommended that this transfer be reduced by $4,844,406 to $1,179,674. Since the CIP Transfer is to fund capital projects, it has been reflected as a "Use of Fund Balance Reserves" rather than summarized with the annual operating expenditure appropriations. These recommended changes in the General Fund estimated revenue, appropriations and use of fund balance reserves will result in an estimated $19,657,305, in General Fund fund balance reserves at the end of the fiscal year. This amendment reflects the reimbursement of the General Fund ongoing road maintenance expenditures from the Gas Tax Fund. It has been decided that since the Gas Tax revenues are received annually for the purpose of road maintenance and construction, the General Fund should be reimbursed for the annual road maintenance expenditures accordingly. In the previous amendment, the Gas Tax Fund was balanced by reducing the General Fund Transfer -in amount. This has been changed to show an increase to cover the General Fund road maintenance (including street related utilities) appropriations. Any Gas Tax funds remaining will be used for CIP projects as it is available. The General Fund is being used after all other funding sources have been exhausted to assist in funding the City's Capital Improvement Projects. These transfers are reflected as a "Use of Fund Balance Reserves". Page 3 — FY02-03 Budget Amendment This amendment also reflects the changes directed by the City Council. These include the reinstatement of the Slurry Seal Area 5 project in the amount of $450,000 ($400,000 additional) and $87,000 for the preparation of a Youth Master Plan. PREPARED BY: Linda G. Magnuson REVIEWED BY: Departme t Yead Deputy City Manager Attachments: Resolution and Budget Worksheets RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE FY02-03 MUNICIPAL BUDGET FOR THE CITY OF DIAMOND BAR WHEREAS, the City Council has adopted Resolution No. 2002-50, A Resolution of the City Council of the City of Diamond Bar approving and adopting a budget for the City of Diamond Bar for the Fiscal Year commencing July 1, 2002 and ending June 30, 2003 including maintenance and operations, special funds and capital improvements and appropriating funds for accounts departments, divisions, object and purposes therein set forth (referred to as the 'Budget"). WHEREAS, the City Council may choose to amend the Budget from time to time. WHEREAS, City Staff has prepared an Amendment to the Budget (referred to as the "Amendment", Exhibit A). The Amendment has been discussed by the City Council at both a Study Session and City Council meeting. WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: Section 1. The City Council hereby finds and determines that the Budget be amended as set forth in the Amendment, Exhibit A. Section 2. There are hereby appropriated for obligations and expenditures by the City Manager the amounts shown for the various departments, divisions and objects set forth in the Budget and consequent Amendments. All obligations and expenditures shall be incurred and made in the manner provided by the provisions of State law and City ordinances and resolutions applicable to purchasing and contracting. The City Clerk shall certify to the adoption of this Resolution. PASSED, ADOPTED AND APPROVED this day of , 2003. Carol Herrera, Mayor I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 2003, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk of the City of Diamond Bar EXHIBIT A CITY OF DIAMOND BAR GENERAL FUND BUDGET AMENDMENT ESTIMATED RESOURCES Property Taxes Other Taxes Intergovernmental Revenue Fines and Forfeitures Building Fees Planning Fees Engineering Fees Recreation Fees Special Event Fees Other Revenues Transfers -In Other Funds Total Annual Revenues APPROPRIATIONS City Council City Attorney City Manager City Clerk Finance/Human Resources Information Systems General Government Public Information Law Enforcement Volunteer Patrol Fire/ Animal Control Emergency Preparedness Community Dev./Planning Building & Safety Neighborhood Improvement Economic Development Community Services Public Works/Engineering Transfer -Out Other Funds Total Annual Appropriations FY 2002-2003 Current Adjusted Budget Amendment Budget 2,415,000 (50,000) 2,365,000 4,320,000 (100,000) 4,220,000 3,229,200 58,000 3,287,200 447,000 124,500 571,500 848,500 (173,450) 675,050 100,000 0 100,000 171,000 (49,000) 122,000 539,450 0 539,450 72,000 0 72,000 865,800 (291,300) 574,500 1,166,860 87,650 1,254,510 14,174,810 (393,600) 13,781,210 137,800 (8,550) 129,250 190,000 (80,000) 110,000 551,775 (47,150) 504,625 297,435 (64,010) 233,425 474,000 (48,300) 425,700 249,800 (19,050) 230,750 885,635 12,200 897,835 411,970 (30,150) 381,820 4,337,500 (95,000) 4,242,500 12,250 700 12,950 87,610 7,500 95,110 12,510 0 12,510 570,042 (10,297) 559,745 503,000 (101,870) 401,130 280,850 (51,800) 229,050 350,800 (78,000) 272,800 2,000,071 (29,950) 1,970,121 2,223,686 (216,700) 2,006,986 192,000 192,000 13,768,734 (860,427) 12,908,307 Est Excess Revenues over Expenditures 406,076 466,827 872,903 Fund Balance Reserves @ 07/01/02 19,964,076 19,964,076 Available Resources 20,370,152 466,827 20,836,979 Uses of Fund Balance Reserves: Transfer -Out - CIP Fund 6,024,080 (4,844,406) 1,179,674 Estimated Fd Bal Reserves @ 06/30/03 $14,346,072 $5,311,233 $19,657,305 EXHIBIT A FY 2002-2003 BUDGET AMENDMENT GENERAL FUND REVENUES Engineering Fees Engineering Permit Fees 001-34620 Current 6,000 Adjusted Budget Refinement Description Account # Budget Amendment Budget Explanation Property Taxes 001-34660 15,000 (15,000) 0 Budget Refinement Supplemental Prp Tax 001-30050 90,000 (30,000) 60,000 Budget Refinement Prior Year Property Tax 001-30100 50,000 (20,000) 30,000 Budget Refinement Other Taxes 001-36640 5,100 (3,500) 1,600 Budget Refinement Sales Tax 001-31010 2,900,000 (200,000) 2,700,000 Slow Economy Property Transfer Tax 001-31250 200,000 100,000 300,000 Adj to reflect actuals Intergovernmental Revenue 001-36800 0 200 200 Budget Refinement FEMA Revenue 001-31820 0 58,000 58,000 Adj to reflect actuals Fines & Forfeitures General Fines 001-32200 25,000 75,000 100,000 Budget Refinement Parking Fines 001-32230 100,000 60,000 160,000 Street Sweeping Pgm False Alarm Fees 001-32270 10,000 (10,000) 0 Budget Refinement Graffiti Restitution 001-32350 500 (500) 0 Building Fees Building Permit Fees 001-34110 356,000 (89,000) 267,000 Slow Economy Plumbing Permit Fees 001-34120 33,000 (6,600) 26,400 Slow Economy Electrical Permit Fees 001-34130 48,500 (9,700) 38,800 Slow Economy Mechanical Permit Fees 001-34140 22,000 (4,400) 17,600 Slow Economy Permit Issuance Fees 001-34200 41,000 6,150 47,150 Slow Economy Inspection Fees-B/S 001-34250 11,500 (2,300) 9,200 Slow Economy Plan Check-B/S 001-34300 328,000 (65,600) 262,400 Slow Economy SMIP Fees 001-34350 5,000 (2,000) 3,000 Slow Economy Engineering Fees Engineering Permit Fees 001-34620 6,000 6,000 12,000 Budget Refinement Inspections -Engineering 001-34640 80,000 (40,000) 40,000 Slow Economy Traffic Mitigation-Engr 001-34660 15,000 (15,000) 0 Budget Refinement Other Revenues Investment Earnings 001-36100 800,000 (300,000) 500,000 Low Investment Yields Sale of Promotional Items 001-36640 5,100 (3,500) 1,600 Budget Refinement Sale of Printed Material 001-36650 6,500 3,500 10,000 Budget Refinement Donations 001-36660 0 2,500 2,500 Adj to Reflect Actuals Prop Damage Reimb. 001-36800 0 200 200 Budget Refinement Misc Revenue 001-36900 15,000 6,000 21,000 Budget Refinement Transfers In Transfer in -Gas Tax 001-39111 980,750 87,650 557,861 Availability of Funds Total Change in Annual Revenues ($393,600) 001 -Rev Page 2 EXHIBIT A FY 2002-2003 BUDGET AMENDMENT GENERAL FUND EXPENDITURES 001 -Exp Page 3 Current Mid Yr Adjusted Description Account # Budget Amendment Budget Explanation City Council (001-4010) City Paid Benefits 40070 3,800 (1,000) 2,800 Budget Refinement Short/Long Term Disability 40084 50 (50) 0 Budget Correction Operating Supplies 41200 1,500 (500) 1,000 Budget Refinement Printing 42110 500 500 Budget Refinement Telephone 42125 2,500 1,000 3,500 Budget Refinement Rental/Lease of Equip 42130 2,600 (2,000) 600 Budget Refinement Travel-Meetings/Conferences 42330 25,000 (5,000) 20,000 Budget Refinement Education & Training 42340 1,000 (750) 250 Budget Refinement Miscellaneous Equipment 46250 1,000 (750) 250 Budget Refinement City Attorney (001-4020) General Legal Services 44020 90,000 (30,000) 60,000 Budget Refinement Special Legal Services 44021 100,000 (50,000) 50,000 Budget Refinement City Manager (001-4030) Salaries 40010 354,130 (27,830) 326,300 Staff Vacancy Over -time Wages 40020 1,000 (500) 500 Budget Refinement City Paid Benefits 40070 3,700 (270) 3,430 Staff Vacancy Retirement Benefits 40080 41,300 (3,250) 38,050 Staff Vacancy Worker's Compensation 40083 4,300 (200) 4,100 Staff Vacancy Short/Long Term Disability 40084 220 1,780 2,000 Budget Correction Medicare/Social Security 40085 5,250 (500) 4,750 Staff Vacancy Cafeteria Benefits 40090 43,850 (7,680) 36,170 Staff Vacancy Printing 42110 0 100 100 Budget Refinement Telephone 42125 2,000 (1,000) 1,000 Budget Refinement Publications 42320 700 200 900 Budget Refinement Meetings 42325 2,000 1,000 3,000 Budget Refinement Travel-Meetings/Conferences 42330 20,000 (3,000) 17,000 Budget Refinement Education & Training 42340 5,000 (3,000) 2,000 Budget Refinement Professional Svcs 44000 57,000 (3,000) 54,000 Budget Refinement City Clerk (001-4040) Over -time Wages 40020 500 (300) 200 Budget Refinement Short/Long Term Disability 40084 100 790 890 Budget Correction Medicare/Social Security 40085 2,050 (50) 2,000 Budget Correction Small Tools & Equipment 41300 100 50 150 Budget Refinement Publications 42320 2,200 (1,500) 700 Budget Refinement Travel -Conferences & Mtgs 42330 3,500 (3,000) 500 Budget Refinement Professional Svcs 44000 90,885 (60,000) 30,885 Budget Refinement Finance Department (001-4050) Salaries 40010 208,150 (18,600) 189,550 Staff Vacancy/Position Chg City Paid Benefits 40070 2,900 (150) 2,750 Staff Vacancy/Position Chg Retirement Benefits 40080 24,300 (2,200) 22,100 Staff Vacancy/Position Chg Worker's Compensation 40083 1,700 (150) 1,550 Staff Vacancy/Position Chg Short/Long Term Disability 40084 150 1,000 1,150 Budget Correction Medicare/Social Security 40085 3,100 (350) 2,750 Staff Vacancy/Position Chg Cafeteria Benefits 40090 34,200 (2,100) 32,100 Staff Vacancy/Position Chg Operating Supplies 41200 1,300 (200) 1,100 Budget Refinement Printing 42110 2,500 (200) 2,300 Budget Refinement Membership & Dues 42315 900 (200) 700 Budget Refinement Publications 42320 500 (300) 200 Budget Refinement Travel-Mileage/Auto Allow 42335 2,050 (200) 1,850 Budget Refinement Education & Training 42340 2,000 200 2,200 Budget Refinement Professional Svcs 44000 1,500 (700) 800 Budget Refinement Prof Svcs - Data Processing 44030 20,500 (1,700) 18,800 Budget Refinement 001 -Exp Page 3 EXHIBIT A FY 2002-2003 BUDGET AMENDMENT GENERAL FUND EXPENDITURES 001 -Exp Page 4 Current Mid Yr Adjusted Description Account # Budget Amendment Budget Explanation Office Equip 46200 5,000 (2,000) 3,000 Budget Refinement Office Equip - Furniture 46220 500 (500) 0 Budget Refinement Human Resources (001-4060) Short/Long Term Disability 40084 50 400 450 Budget Correction Benefits Administration 40093 5,300 (4,800) 500 Budget Correction Promotional Items 41400 3,500 (1,500) 2,000 Budget Refinement Printing 42110 1,000 (1,000) 0 Budget Refinement Advertising 42115 3,000 (1,000) 2,000 Budget Refinement Education & Training 42340 17,000 (10,000) 7,000 Budget Refinement Employment Physicals 42345 4,000 (1,000) 3,000 Budget Refinement Professional Services 44000 950 950 Budget Refinement Special Legal Services 44021 5,000 (2,000) 3,000 Budget Refinement Information Systems (001-4070) Part-time Wages 40030 12,300 (6,300) 6,000 Staff Vacancy Worker's Compensation 40083 450 50 500 Budget Refinement Short/Long Term Disability 40084 50 200 250 Budget Correction Medicare/Social Security 40085 1,600 (500) 1,100 Staff Vacancy Telephone 42125 1,000.00 (500) 500 Budget Refinement Publications 42320 500 (500) 0 Budget Refinement Education & Training 42340 6,000 (4,000) 2,000 Budget Refinement Data Processing 44030 7,000 (5,500) 1,500 Budget Refinement Computer Equip - Software 46235 7,000 (2,000) 5,000 Budget Refinement General Government (001-4090) Benefits Admin/Unemplmnt 40093 12,000 12,000 Unemployment Claims Operating Supplies 41200 20,000 (4,000) 16,000 Budget Refinement Promotional Items 41400 10,500 (5,000) 5,500 Budget Refinement Photocopying 42100 15,000 (5,000) 10,000 Budget Refinement Printing 42110 9,000 (2,000) 7,000 Budget Refinement Engraving Svcs 42113 2,000 (1,000) 1,000 Budget Refinement Advertising 42115 2,500 1,200 3,700 Vector Control Bug Bus Spsnr Banking Charges - LOC Fees 42129 2,000 2,000 Bond Letter of Credit Fees Equipment Maintenance 42200 16,250 (3,000) 13,250 Budget Refinement Maint-Grounds & Bldgs 42210 8,500 (2,500) 6,000 Budget Refinement Publications 42320 0 2,000 2,000 Newspaper Subs, Various Pub Meetings 42325 28,000 (6,000) 22,000 Budget Refinement Education & Training 42340 3,000 (3,000) 0 Budget Refinement Misc Expenditures 42395 0 500 500 Budget Refinement Professional Svcs 44000 264,015 15,000 279,015 Budget Refinement Prof Svcs-Acctg & Auditing 44010 10,000 13,000 23,000 Budget Refinement Communications Equipment 46240 18,000 (2,000) 16,000 Budget Refinement Public Information City Paid Benefits 40070 1,550 (200) 1,350 Budget Refinement Short/Long Term Disability 40084 100 650 750 Budget Correction Promotional Items 41400 8,544 9,000 17,544 City Store Printing 42110 59,900 1,500 61,400 Budget Refinement Printing -Pre Press Svcs 42111 2,000 (1,500) 500 Budget Refinement Photography 42112 6,000 (4,000) 2,000 Budget Refinement Advertising 42115 33,200 4,000 37,200 Budget Refinement Postage Charges 42120 20,250 (2,000) 18,250 Budget Refinement Mailing Services 42121 4,700 (2,000) 2,700 Budget Refinement Rental/Lease of Equipment 42130 500 (500) 0 Budget Refinement Rental/Lease of Exhibition Sp 42141 500 (500) 0 Budget Refinement Membership & Dues 42315 2,275 (400) 1,875 Budget Refinement 001 -Exp Page 4 EXHIBIT A FY 2002-2003 BUDGET AMENDMENT GENERAL FUND EXPENDITURES 001 -Exp Page 5 Current Mid Yr Adjusted Description Account # Budget Amendment Budget Explanation Publications 42320 500 (500) 0 Budget Refinement Meetings 42325 1,000 (900) 100 Budget Refinement Travel -Mileage & Auto Allow 42335 250 (100) 150 Budget Refinement Education & Training 42340 2,000 (700) 1,300 Budget Refinement Misc Expenditures 42395 2,500 (2,000) 500 Budget Refinement Professional Svcs 44000 26,851 (12,000) 14,851 Budget Refinement Contract Services 45000 11,750 (10,000) 1,750 Budget Refinement CS - Newsletter 45010 41,250 (6,000) 35,250 Budget Refinement Office Equipment -Furniture 46220 1,000 (500) 500 Budget Refinement Computer Equip -Software 46235 11,600 (2,000) 9,600 Budget Refinement Misc Equipment 46250 500 500 1,000 Budget Refinement Law Enforcement (001-4411) CS -Sheriff 45401 4,050,000 (80,000) 3,970,000 Deputy Vacancy CS -Parking Citation Admin 45405 5,000 10,000 15,000 Street Sweeping Pgm CS -Crossing Guard Svcs 45410 125,000 (25,000) 100,000 Budget Refinement Volunteer Patrol (001-4415) Worker's Compensation 40083 5,000 (2,000) 3,000 Budget Refinement Operating Supplies 41200 2,500 2,500 5,000 Budget Refinement Small Tools & Equipment 41300 250 (200) 50 Budget Refinement Telephone 42125 1,000 (600) 400 Budget Refinement Equipment Maint 42200 500 (500) 0 Budget Refinement Meetings 42325 3,000 1,500 4,500 Budget Refinement Fire Protection (001-4421) & Animal Control (001-4431) CS -Wild Animal Control 45406 15,000 7,500 22,500 Increased Svc Requests Emergency Preparedness (001-4440) Small Tools & Equipment 41300 500 (500) 0 Budget Refinement Telephone 42125 960 500 1,460 Budget Refinement Community Development (001-5210) Over -time Wages 40020 2,000 1,500 3,500 Budget Refinement Part Time Salaries 40030 10,900 (1,000) 9,900 Staff Vacancy Short/Long Term Disability 40084 150 1,100 1,250 Budget Correction Operating Supplies 41200 2,500 1,000 3,500 Budget Refinement Advertising 42115 6,000 (2,000) 4,000 Budget Refinement Equipment Maint 42200 500 300 800 Budget Refinement Meetings 42325 1,300 (500) 800 Budget Refinement Education & Training 42340 2,000 (1,500) 500 Budget Refinement Comsnr Compensation 44100 7,800 (1,000) 6,800 Budget Refinement Comsnr Comp - SEATAC 44110 1,000 (1,000) 0 Budget Refinement Prof Svcs -Projects 44250 56,697 (6,697) 50,000 Budget Refinement Computer Equipment-Hdwr 46230 500 (500) 0 Budget Refinement Bldg & Safety (001-5220) CS - Bldg & Sfty 45201 503,000 (101,870) 401,130 Slow Economy/Rev Offset Neighborhood Improvement (001-5230) Salaries 40010 165,850 (41,800) 124,050 Staff Vacancy Over -time Wages 40020 2,500 4,000 6,500 Budget Refinement City Paid Benefits 40070 2,800 (600) 2,200 Staff Vacancy Retirement Benefits 40080 19,350 (4,850) 14,500 Staff Vacancy Worker's Compensation 40083 3,200 (850) 2,350 Staff Vacancy Short/Lcng Term Disability 40084 150 650 800 Budget Correction Medicare/Social Security 40085 2,450 (650) 1,800 Staff Vacancy Cafeteria Benefits 40090 32,250 (6,700) 25,550 Staff Vacancy Operating Supplies 41200 3,000 (1,500) 1,500 Budget Refinement Equipment Maintenance 42200 4,000 1,000 5,000 Budget Refinement 001 -Exp Page 5 1:3:11 ]111r1 FY 2002-2003 BUDGET AMENDMENT GENERAL FUND EXPENDITURES 001 -Exp Page 6 Current Mid Yr Adjusted Description Account # Budget Amendment Budget Explanation Travel -Conferences 42330 1,000 (500) 500 Budget Refinement Economic Development (001-5240) Operating Supplies 41200 1,000 (500) 500 Budget Refinement Advertising 42115 6,000 (6,000) 0 Budget Refinement Travel - Conferences 42330 2,000 (500) 1,500 Budget Refinement Education & Training 42340 1,500 (1,000) 500 Budget Refinement Business Incentive Pgm 42358 175,000 (40,000) 135,000 Slow Economy Professional Services 44000 114,000 (30,000) 84,000 Budget Refinement Community Services Admin (001-5310) Part-time Salaries 40030 89,100 (20,000) 69,100 Staff Vacancy Short/Long Term Disability 40084 150 950 1,100 Budget Correction Medicare/Social Security 40085 9,400 (1,530) 7,870 Staff Vacancy Operating Supplies 41200 5,000 (1,000) 4,000 Budget Refinement Park Operations (001-5340) Rental/Lease - Equipment 42130 3,800 (1,000) 2,800 Budget Refinement Maint-Grounds & Bldgs 42210 174,380 (22,000) 152,380 Cost Savings Recreation Services (001-5350) Short/Long Term Disability 40084 200 1,650 1,850 Budget Correction Advertising 42115 330 70 400 Budget Refinement Postage 42120 1,500 (190) 1,310 Budget Refinement Rental/Lease of Equip 42130 7,490 (5,500) 1,990 Budget Refinement Rental/Lease of Real Prop 42140 73,980 (8,000) 65,980 Budget Refinement Memberships & Dues 42315 1,180 120 1,300 Budget Refinement Admissions -Youth Activities 42410 22,975 (7,600) 15,375 Budget Refinement Prof Svcs 44000 64,900 37,000 101,900 Youth Master Plan Misc Equipment 46250 14,050 (2,920) 11,130 Budget Refinement Public Wks Admin (001-5510) Short/Long Term Disability 40084 100 850 950 Budget Correction Operating Supplies 41200 5,385 (1,500) 3,885 Budget Refinement Printing 42110 6,000 (2,000) 4,000 Budget Refinement Advertising 42115 8,000 (4,000) 4,000 Budget Refinement Utilities 42126 55,000 (20,000) 35,000 Utility Savings - LED Signals Travel -Conferences & Mtgs 42330 2,500 (1,000) 1,500 Budget Refinement Education & Training 42340 3,000 (500) 2,500 Budget Refinement Professional Svcs 44000 159,500 (50,000) 109,500 Nghbrhd Traffic Study Deferred Prof Svcs -Environmental 44240 80,000 2,000 82,000 CPR Request CS -Engineering 45221 55,000 (50,000) 5,000 Budget Refinement CS -Inspection 45227 65,440 (30,000) 35,440 Revenue Offset Misc Equipment 46250 1,000 (1,000) 0 Budget Refinement Public Wks Engineering (001-5551) Over -Time Wages 40020 0 500 500 Budget Refinement Short/Long Term Disability 40084 50 400 450 Budget Correction Membership & Dues 42315 800 (500) 300 Budget Refinement Meetings 42325 1,000 (500) 500 Budget Refinement Education & Training 42340 1,500 (1,000) 500 Budget Refinement CS -Traffic 45222 55,000 (30,000) 25,000 Budget Refinement CS -Plan Checking 45223 24,046 (4,000) 20,046 Budget Refinement CS -Inspection 45227 5,000 (2,500) 2,500 Budget Refinement PWks-Road Maintenance (001-5554) Short/Long Term Disability 40084 50 350 400 Budget Correction Road Maint Supplies 41250 40,000 (10,000) 30,000 Budget Refinement Small Tool & Equip 41300 10,000 (5,000) 5,000 Budget Refinement Equipment Maint 42200 2,000 (1,000) 1,000 Budget Refinement 001 -Exp Page 6 EXHIBIT A FY 2002-2003 BUDGET AMENDMENT GENERAL FUND EXPENDITURES Total Change In Annual Expenditures (860,427) FUND BALANCE RESERVE EXPENDITURES Transfers -Out Transfer -Out - CIP Fund 49250 6,024,080 (4,844,406) 1,179,674 Bond Financing/CIP Chgs Total Change to Use of Fund Bal Reserves (4,844,406) 001 -Exp Page 7 Current Mid Yr Adjusted Description Account # Budget Amendment Budget Explanation Fuel 42310 1,500 1,000 2,500 Budget Refinement Engineering 44520 15,000 10,000 25,000 Adnl on-call traffic engineering CS -Road Maintenance 45502 250,000 (30,000) 220,000 Budget Refinement CS -Striping & Signing 45506 170,000 100,000 270,000 Street Sweeping Signs CS -Traffic Signal Maint 45507 165,000 (20,000) 145,000 Budget Refinement CS -Right of Way Maint 45522 110,000 20,000 130,000 PY C/O, Sidewalks Landscape Maintenance (001-5558) Graffiti Reward Program 42360 500 (500) 0 Budget Refinement CS -Parkway Maintenance 45503 1,800 (1,800) 0 Budget Refinement CS -Tree Mainenance 45509 200,000 (35,000) 165,000 Budget Refinement CS -Tree Watering 45510 15,000 (15,000) 0 Budget Refinement CS -Graffiti Removal 45520 35,000 (35,000) 0 Budget Correction Total Change In Annual Expenditures (860,427) FUND BALANCE RESERVE EXPENDITURES Transfers -Out Transfer -Out - CIP Fund 49250 6,024,080 (4,844,406) 1,179,674 Bond Financing/CIP Chgs Total Change to Use of Fund Bal Reserves (4,844,406) 001 -Exp Page 7 EXHIBIT A FY 2002-2003 BUDGET AMENDMENT SPECIAL FUNDS AMENDMENTS Change in Special Fd Revenues (1,255,466) Changes to Expenditures Gas Tax Fund (111) Transfer to General Fund 9915-49001 Transfer to CIP Fund 9915-49250 Prop A Transit Fund (112) Transit Subsidy -Fares 5553-45535 Contr to Other Govts. 4090-47230 Prop C Transit Fund (113) Transfer to CIP Fund 9915-49250 Reserve 25500 Traffic Congestion Relief Fd (117) Transfer to CIP Fund 9915-49250 Reserve 25500 Park & Facilities Dev Fd (124) Transfer to CIP Fund 9915-49250 Reserve 25500 CDBG Fund (125) Home Improvement Pgm 5215-44000 Professional Services 5215-44000 Transfer to CIP Fund 9915-49250 LLAD 38 Fund (138) Utilities 5539-42126 Capital Improvements 5539-46410 Capital Imp Projects Fd (250) Street Improvements 5510-46411 Traffic Mgt Improvements 5510-46412 Park & Rec Improvements 5310-46415 Landscape & Irrigation Imp 5510-46416 Reserve - Future Capital Imp 25500 Change in Special Fund Expenditures Net Change to Special Funds Fd Balances 980,750 87,650 Current Mid Yr Adjusted Description Account # Budget Amendment Budget Explanation Changes to Revenues: 0 Com Sr Ctr Bond Funding 796,869 571,988 1,368,857 See Revised CIP Gas Tax Fund (111) (571,988) 550,790 See Revised CIP 185,000 142,599 Interest Revenue 36100 20,000 (10,000) 10,000 Lower Investment Yields Prop A Transit Fund (112) 0 Com Sr Ctr Bond Funding 277,042 1,936,700 2,213,742 Transit Subsidy Prgrm Rev 34850 500,000 50,000 550,000 Increased Program Use Interest Revenue 36100 50,000 (20,000) 30,000 Lower Investment Yields CDBG Fund (125) 106,060 Budget Refinement 15,000 (13,120) 1,880 Budget Refinement CDBG Revenue 31830 388,495 189,890 578,385 Budget Refinement Section 108 Loan Proceeds 31830 1,900,000 (1,900,000) 0 Com Sr Ctr Bond Funding LLAD 38 Fund (138) 796,507 See Revised CIP 110,000 110,000 See Revised CIP Interest Revenue 36100 20,000 10,000 30,000 Budget Refinement Capital Imp Projects Fd (250) Safe Routes to Schools 234,000 (234,000) 0 See Revised CIP State Park Grant - Prop 12 530,000 (410,000) 120,000 See Revised CIP State Park Grant - Prop 40 292,000 (292,000) 0 See Revised CIP Proceeds - Sale of Prop A 31900 300,000 (300,000) 0 See Revised CIP Park Grants 31815 778,052 (7781052) 0 See Revised CIP Transfer in - General Fd 39001 6,012,580 (4,832,906) 1,179,674 See Revised CIP Transfer in - Library Fd 39010 83,485 (3,485) 80,000 See Revised CIP Transfer in - Gax Tax 39111 373,574 (221,357) 152,217 See Revised CIP Transfer in - Prop C Transit 39113 796,869 571,988 1,368,857 See Revised CIP Transfer in - AB2928 39117 185,000 142,599 327,599 See Revised CIP Transfer in - Park Developmt 39124 1,936,700 (1,936,700) 0 See Revised CIP Transfer in - CDBG 39125 2,729,907 (1,785,110) 944,797 See Revised CIP Transfer in - PFC 39270 10,503,667 10,503,667 See Revised CIP Change in Special Fd Revenues (1,255,466) Changes to Expenditures Gas Tax Fund (111) Transfer to General Fund 9915-49001 Transfer to CIP Fund 9915-49250 Prop A Transit Fund (112) Transit Subsidy -Fares 5553-45535 Contr to Other Govts. 4090-47230 Prop C Transit Fund (113) Transfer to CIP Fund 9915-49250 Reserve 25500 Traffic Congestion Relief Fd (117) Transfer to CIP Fund 9915-49250 Reserve 25500 Park & Facilities Dev Fd (124) Transfer to CIP Fund 9915-49250 Reserve 25500 CDBG Fund (125) Home Improvement Pgm 5215-44000 Professional Services 5215-44000 Transfer to CIP Fund 9915-49250 LLAD 38 Fund (138) Utilities 5539-42126 Capital Improvements 5539-46410 Capital Imp Projects Fd (250) Street Improvements 5510-46411 Traffic Mgt Improvements 5510-46412 Park & Rec Improvements 5310-46415 Landscape & Irrigation Imp 5510-46416 Reserve - Future Capital Imp 25500 Change in Special Fund Expenditures Net Change to Special Funds Fd Balances 980,750 87,650 1,068,400 Limit GF Transfer to Avail Fds 373,574 (221,357) 152,217 Budget Refinement 500,000 50,000 550,000 Increased Program Use 500,000 (500,000) 0 Com Sr Ctr Bond Funding 796,869 571,988 1,368,857 See Revised CIP 1,122,778 (571,988) 550,790 See Revised CIP 185,000 142,599 327,599 See Revised CIP 142,599 (142,599) 0 See Revised CIP 1,936,700 (1,936,700) 0 Com Sr Ctr Bond Funding 277,042 1,936,700 2,213,742 60,000 60,000 Home Improvement Program 26,300 15,000 41,300 Home Improvement Program 2,729,907 (1,785,110) 944,797 See Revised CIP 92,940 13,120 106,060 Budget Refinement 15,000 (13,120) 1,880 Budget Refinement 1,277,524 226,391 1,503,915 See Revised CIP 1,270,000 228,393 1,498,393 See Revised CIP 615,122 (176,637) 438,485 See Revised CIP 710,010 86,497 796,507 See Revised CIP 110,000 110,000 See Revised CIP (1,819,173) 563,707 Special Funds Page 8 . co R In ao 00 of ol O P O O N LO N c C14 O Oc7 V N 13 0 g � U m 53 LO O O O 9 S O r N m O co F CLI N Cl) in a M Z tm- V' O Z eh W O O N O 9 a0 Q W O LL M V M S 0o c0 o, v S - CO O a� Im Q, L O O o U O d O 0 O 3 N O X) D, N CD Q m M _ Q C: d -O — O (� N m }O E U c E yO)U � � o ; m xw E o a_y} o } 5 a m V c E 0� ° E a '0 u a a N U N cn c QQ� Z '. 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Lowry, City Manager TITLE: STREET SWEEPING PARKING CITATION EXEMPTION/DISMISSAL POLICY RECOMMENDED ACTIONS: Receive and File FINANCIAL IMPACT: Citation income to cover the costs of the program will be reduced by each exemption/dismissal. Based upon the prior dismissals from September 2002 to date, staff estimates that the 2-3 percent trend for exempted citations would continue. BACKGROUND: Since the inception of the Street Sweeping Regulation Program, 6,233 citations have been issued as of April 18, 2003. It is estimated that 90% of the tickets contested were claiming inadequate signage. Therefore, the additional posting of 800 signs at the entrances and longer stretches of the residential neighborhood roads should most likely reduce the number of citations being issued. The City's policy is to cite vehicles that impede the street sweeper. The officers are ahead of the street sweeper and use discretion in issuing citations. The City Council discussed the citation waiver policy at their Study Session on April 15, 2003 and concluded that these waivers fall into the following categories: 1. Field exemptions (i.e. postman, utility companies, moving vans, contractors working a site, etc.) 2. First time offender exemption via the appeal process and verification (i.e. out of town visitors and new residents only). 3. Other areas for approved dismissal via the appeal process and verification. Pursuant to Council's direction, the following exemption/dismissal policy has been developed for the Street Sweeping Parking Citations: STREET SWEEPING CITATION EXEMPTION/DISMISSAL POLICY General Information The City adopted the Street Sweeping Parking Regulation Program in March 2002 and amended the program with Resolution No. 2003-16 on April 15, 2003. Residential routes are swept once every other week routinely and once weekly in the months of heavy debris (generally scheduled for January and December). Street sweeping signs are placed at each neighborhood street entrance, plus additional signs on longer streets as prescribed by the City Engineer. Community Service Officers and deputies who patrol ahead of the street sweeper enforce parking restrictions. Although the parking restriction signs generally identify a 5Y2 hour parking restriction, the City's policy is to cite vehicles that impede the street sweeper. If a vehicle is parked during posted street sweeping hours, and the vehicle is moved so that the sweeper does not have to drive around it, the vehicle should not be ticketed. Vehicles should only be cited on the first pass of the sweeper. Exemption/Dismissal Policy Using the Appeal Process 1. Field Exemptions The Community Service Officers and deputies will use field discretion in issuing citations to service providers, etc., when service is obvious and also to government vehicles, utility company vehicles, moving vans with obvious activity, and other vehicles that in the determination of the officer are of a similar use. 2. First Time Offender Exemption Via the Appeal Process and Verification Appeal dismissals by the Sheriff's Department will be approved in the course of the initial review, if the owner of the vehicle is able to produce documentation or other verifiable proof indicating that one of these conditions existed: • New Resident — One courtesy dismissal is granted for a new resident within two months of moving in. Requires moving van receipt, lease agreement, rental agreement or escrow papers. • Out of Town Visitor — One courtesy dismissal is granted for an out of town visitor with both the vehicle registration and second matching proof of residency document. 3. Other Areas for Approved Dismissal Via the Appeal Process and Verification Appeal dismissals by the Sheriff's Department will be approved in the course of the initial review, if the owner of the vehicle is able to produce documentation or other verifiable proof indicating that one of these conditions existed: • Citation Error— Incomplete or incorrect citations automatically warrant dismissal of the citation. • Cited on Second Pass of the Sweeper — A vehicle should only be cited if the vehicle impedes the sweeper on the first pass. The sweeper operator or citing officer must provide confirmation. 2 • Cited Twice — If a vehicle receives two street sweeping citations in the same location on the same day, one should be cancelled. Citation information will serve as confirmation. • Disabled Vehicle —One courtesy dismissal is granted. A repair or tow receipt is required. • Government Vehicles — Government officials cited while performing official business must provide a signed letter from their supervisor on agency letterhead explaining the circumstances. • Health Care Worker/Visiting Nurses/Social Worker— A signed letter on company stationary confirming incident must be provided. • Illness or death in the family — A letter from a doctor or medical report must prove an illness or death in the family that prevents removal of a vehicle from the street. • Imprisonment — Letter from correction institution or probation officer is required. CVC 41500. • Incorrect License Number — Confirmation based on vehicle's registration. • Medical Emergency — A letter from a doctor or medical report must prove a medical emergency that prevents removal of a vehicle from the street. • Moving In/Out — Moving van receipt, lease agreement, rental agreement, or escrow papers required. • Parked After Sweeper— A dismissal will be granted based on afield check or confirmation by the sweeper operator or the citing officer. • Private Street — Confirmation is based upon City records/maps. • Stolen Vehicle — A copy of the stolen vehicle report or other confirmation from a police department is required. • Vehicle Sold — A signed affidavit or copy of notice of release of liability is required. • Vehicle Repossessed — Official documentation of repossession is required. • Working Service Provider — Permits, state contractor's license number, vehicle registration, and/or signed contract for work shall be provided. Proof of working service activity shall be provided for a Diamond Bar service provider's vehicle parked in front of its Diamond Bar address. 3 Prepared by Linda Smith, Development Services Assistant REVIEWED BY: i` id . Liu Director of Public Works -P es DeSteo Deputy City Manager Agenda # 6.13. 1 Meeting Date: May 6, 2003 CITY COUNCIL11111% AGENDA REPORT ..< nCo� TO: Honorable Mayor and Mem;14 City Council VIA: Linda C. Lowry, City Manag 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. ■ 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 A - 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. 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 RESOLUTION NO. 2003 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR OPPOSING AB 1221 — CALIFORNIA BALANCED COMMUNITIES ACT WHEREAS, AB 1221 enacts the California Balanced Communities Act of 2003, which reduces city and county sales and use tax rates, uses property tax revenue from counties' Educational Revenue Augmentation Funds (ERAF) to backfill the sales and use tax revenue lost by cities and counties, and provides for a 0.5% increase in the state and sales and use tax rate to replace 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 dependable sales tax revenue, and WHEREAS, AB 1221 proposes to give the State control over the distribution of local sales tax revenues placing the delivery of public services and municipal fiscal integrity at risk, and WHEREAS, the City of Diamond Bar opposes AB 1221, in its current form; THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES 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 opposes AB 1221 and asks all elected officials to oppose AB 1221. SECTION 3. The City Clerk shall certify to the adoption of the Resolution. PASSED, APPROVED AND ADOPTED this 6th 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 6th day of May, 2003, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Lynda Burgess, City Clerk City of Diamond Bar CITY COUNCIL Agenda # 6.13.3 Meeting Date: May 6, 2003 AGENDA REPORT TO: Honorable Mayor and Members I the City Council VIA: Linda C. Lowry, City Manager TITLE: Consider Approval of Resolution No. 2003 -XX Supporting AB 1652(Nakano), Expansion of the Los Angeles Metropolitan Transportation Authority Board RECOMMENDATION: It is recommended that the City Council approve Resolution 2003 -XX, supporting AB 1652, an act to expand the Los Angeles Metropolitan Transportation Authority Board by two additional city representatives. ANALYSIS: Existing law provides for the membership of the Los Angeles County Metropolitan Transportation Authority (LAMTA), which includes 4 city representative members appointed by the Los Angeles County City Selection Committee. AB 1652 expands the number of members of the LACMTA governing board from 14 to 16 by increasing the number of appointees from the cities in Los Angeles County and results in more fair and equitable membership to all parties. Currently, the City Selection Committee Appointments, comprised of four representatives from 87 cities within the county, have less that one-third of the Board votes. Yet, they represent 51 % of the county population and generate 63% of the Proposition A and C Y2 cent sales tax revenue. This weakens the ability of the majority of the County to participate in vital transportation policy and programs. AB 1652 will begin to correct this inequity by increasing the City Selection membership from four to six; thereby amplifying its percentage of Board votes from 30% to 40%. By increasing the number of members, AB 1652 will create a Board that best reflects the diversity and needs of the entire Los Angeles County and is a positive step to ensure appropriate representation on the Board. If approved by the City Council, the attached Resolution will be distributed to the following: Assembly Appropriation Committee Members; Assemblyman Bob Pacheco; Senator Bob Margett;; Assemblyman George Nakano; California Contract Cities; and the League of California Cities. Attachment: Proposed Resolution Supporting AB 1652 RESOLUTION NO. 2003-- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR IN SUPPORT OF AB 1652 — LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY WHEREAS, existing law provides for the membership of the Los Angeles County Metropolitan Transportation Authority (LAMTA), which includes 4 members appointed by the Los Angeles County City Selection committee, and WHEREAS, AB 1652 would increase the number of members of the authority from 14 members to 16 members and would increase the members appointed by the Los Angeles County City Selection Committee by 6, and WHEREAS, AB 1652 will result in a more equitable Metropolitan Transportation Authority Board where every city in the Los Angeles County will have a voice in transportation policy, and WHEREAS, the City of Diamond Bar supports AB 1652; THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES RESOLVE: SECTION 1. AB 1652 creates a Board that best reflects the diversity and needs of the entire Los Angeles County. SECTION 2. The City Council supports AB 1652 and asks all elected officials to support AB 1652. SECTION 3. The City Clerk shall certify to the adoption of the Resolution. PASSED, APPROVED AND ADOPTED this 6th 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 a regular meeting of the City council of the City of Diamond Bar held on the 6th day of May, 2003, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED:COUNCIL MEMBERS: Lynda Burgess, City Clerk City of Diamond Bar Agenda # 6.13.2 Meeting Date: May 6, 2003 CITY COUNCIL("OxPosxm AGENDA REPORT rry, regi► TO: Honorable Mayor and Members o the City Council VIA: Linda C. Lowry, City Manager TITLE: Consider Approval of Resolution No. 2003 -XX Opposing AB 496 (Correa), Creation of the Santa Ana River Conservancy RECOMMENDATION: The City Council Legislative Subcommittee recommends the City Council approve Resolution 2003 - XX, opposing AB 496 and direct staff to distribute the resolution to the appropriate elected officials and local agencies. FISCAL IMPACT: There is no fiscal or budgetary implication associated with the attached Resolution. ANALYSIS: AB 496: Amends the Resources Code to create the Santa Ana River Conservancy (SARC). Existing law authorizes multi -agency conservancies to acquire, manage, direct the management of, and conserve public lands in the state. AB 496 establishes the Santa Ana River Conservancy to acquire and direct the management of public lands within the Santa Ana River watershed area. The Santa Ana River Watershed area includes cities and unincorporated areas within Orange, Riverside, San Bernardino and Los Angeles counties. However, the SARC governing board, as currently proposed, does not include any representatives from cities or unincorporated areas within Los Angeles County. The author of the legislation states that the Santa Ana River Conservancy would provide master plan guidance for the entire watershed area and would permit a governing board, acting in collaboration with local interests, affected counties and cities, water agencies and state and Federal agencies to acquire, manage and protect public lands in the Santa Ana River watershed. The City Council Legislative Subcommittee has reviewed AB 496 and recommends the City oppose the bill because it does not include any representation from the portions of Los Angeles County that are within the Santa Ana River Watershed. Since these areas of Los Angeles County, as well as other local governments, could be affected by land acquired for "public land" by the conservancy RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO OPPOSE AB 496 IN ITS CURRENT FORM AND TO MAKE RECOMMENDATIONS FOR AMENDMENTS WHEREAS, California State Assembly Bill 496 (AB 496 -Correa), creates the Santa Ana River Conservancy for the Santa Ana River watershed area, and WHEREAS, the Santa Ana River Conservancy would make decisions directly impacting local land use, and WHEREAS, the Cities of Diamond Bar, Pomona and Claremont are part of the Santa Ana River watershed area, and WHEREAS, AB 496 -Correa DOES NOT create a representative position for the City of Diamond Bar nor Los Angeles County, and WHEREAS, AB 496 -Correa DOES NOT include representation for the San Gabriel Valley Council of Governments, and WHEREAS, AB 496 -Correa DOES NOT call for ratification of any Conservancy land acquisition decisions by the cities that are part of the Santa Ana River watershed area, and WHEREAS, AB 496 -Correa DOES NOT mandate that a majority of the conservancy board members come from elected positions that have greater accountability to the local public, and WHEREAS, AB 496 -Correa DOES NOT mandate that gubernatorial appointments be local elected officials who have greater accountability to the local public. NOW, THEREFORE, BE IT RESOLVED that the City of Diamond Bar hereby OPPOSES Assembly bill 496, the Santa Ana River conservancy Act, in its current form and supports the following amendments to AB 496 -Correa: 1. The area of the County of Los Angeles that lies within the boundary of the Santa Ana River watershed area shall be included as part of the "territory" of the Santa Ana River Conservancy. 2. A member of the Los Angeles County Board of Supervisors shall be appointed to the Santa Ana River Conservancy. 3. The San Gabriel Valley Council of Governments shall be allowed an appointment to the board of the Santa Ana River Conservancy. board, there should be sufficient representation including the Los Angeles Board of Supervisors and the San Gabriel Valley Council of Governments (COG). Since conservancy land acquisitions can create open space use that conflicts with the land use authority of local governments, cities and counties must be assured of adequate representation on the conservancy board. Additionally, language requiring the approval of local governments prior to the acquisition of land within their jurisdiction or sphere of influence belongs in the bill. Such language was included in the San Gabriel Rivers and Mountains Conservancy (SMRC) bill. Lastly, and perhaps most importantly, the proposed bill does not prohibit the use of eminent domain by the SARC. Similar language was successfully inserted in the San Gabriel Rivers and Mountains Conservancy bill (at the insistence of the local COG's) to protect cities, counties, and property owners. Unfortunately, conservancies have found creative ways to side step this restriction by forming joint powers authorities with agencies which do possess eminent domain powers. Thus, the last recommendation is to amend the SARC bill to include a restriction on joining JPA's possessing the power to take property. These amendments have been incorporated in the attached resolution. A similar resolution has been approved by the Los Angeles Division of the League of California Cities. A motion from Supervisor Knabe to support amendments to include Los Angeles County on the SARC board shall also be considered by the Board of County Supervisors this month. The Subcommittee recommends the City approve the attached resolution opposing the legislation in its current form. If approved by the City Council, the attached Resolution will be sent to the following: San Gabriel Valley Council of Governments; Assembly Appropriation Committee members; Assemblyman Bob Pacheco; Sen. Bob Margett; Assemblyman Lou Correa and Co-authors of AB 496; League of California Cities; Los Angeles County Board of Supervisors; City of Pomona; and City of Claremont. Reviewed by: --aQ Deputy City Ma ger Attachment: Proposed Resolution Opposing AB 496 4. The gubernatorial appointments to the Conservancy board shall be made from local elected city council members in the Santa Ana River watershed area. 5. Any land acquisition decision made by the Santa Ana River Conservancy shall be ratified by the city council(s) wherein said acquisition lies. 6. The Santa Ana River Conservancy shall not have the power of eminent domain, nor may any joint powers authority the Santa Ana River Conservancy may become a member of exercise the power of eminent domain. PASSED, APPROVED AND ADOPTED this 6th 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 6th day of May, 2003, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Lynda Burgess, City Clerk City of Diamond Bar Agenda # 6.13. 4 Meeting Date: Mav 6, 2003 CITY COUNCILAGEND�jk PORT TO: Honorable Mayor and Members he City Council VIA: Linda C. Lowry, City Manage TITLE: Consideration of a Letter of Support for SB 537 (Romero) — Solid Waste Management RECOMMENDATION: It is recommended that the City Council direct staff to prepare a letter of support. ANALYSIS: It is requested that the City Council consider support for SB 537 by Senator Romero relating to the Puente Hills landfill and Materials Recovery Facilities (MRF) within the county of Los Angeles. The Puente Hills landfill is scheduled to close in year 2013. Upon closure of the landfill, the LA County Sanitation District proposes to use rail to move its trash to two remote desert sites operated by the sanitation district. The sanitation district is currently permitted to build a 4,000 -ton a day materials recovery facility (MRF) on the far end of the Puente Hills landfill next to Rio Hondo Community College. The city of Industry who is adjacent to the landfill and MRF does not oppose the facility. Any City in LA County who has county territory within a mile should be concerned that the sanitation district may be looking to build a MRF that could move 16,000 tons a day or more. The largest trash rail loading facility in the world is located in Seattle and permits up to 5,000 tons per day. Because of the impact an MRF may have on surrounding communities this bill would require the sanitation district to receive permission from any city within LA County that would be within one mile of the proposed MRF. This legislation is not intended to harm the conditional use permit involved for the current MRF at the Puente Hills landfill site or any other site that is 5,000 tons or less per day. Our Sacramento lobbyist strongly recommends that we support this bill to protect all cities within LA County that have county pocket areas adjacent to it. The County Sanitation District Board recently took action to strongly oppose the State Senate Bill as it would possibly prohibit the creation and expansion of MRF facilities at the County landfill without the approval of local cities. Councilmember O'Connor representing the City on the Sanitation District voted in favor of local City control as advised by our City staff and our lobbyist. Councilmember O'Connor recommends that we look at adding language to the Bill to state that Cities could not site a MRF or an Intermodal facility within one -mile of a City without the approval from the adjacent City. Prepared by: Janb�� Deputy City Manager Attachment — SB 537 County Sanitation District legislative Alert dated April 18, 2003 AMENDED IN SENATE MAY 1, 2003 AMENDED IN SENATE APRIL 9, 2003 SENATE BILL No. 537 Introduced by Senator Romero (Principal coauthor: Assembly Member Chavez) February 20, 2003 An act to amend Seetions 4741, 41 4 7 4 1 A 74 4 2 74 3 4-1 1 n 4741.5, 4744.6,4744.7,474-2, and 4742.1 of-, and to add Seetion . add Section 4741.05 to the Health and Safety Code, relating to solid waste. LEGISLATIVE COUNSELS DIGEST SB 537, as amended, Romero. Solid waste management:-eettftty sanitation distfiets Los Angeles County Sanitation District. The County Sanitation District Act authorizes a county sanitation district to acquire, construct, and complete certain works, property, or structures necessary or convenient for sewage collection, treatment, transfer, and disposal. This bill would also defifte feftise ffansfef faeilifies f6r these ptffpeses to includ--, not be limited to, a waste by fail tfansfef-heility fef the waste tfdf1SpeKe&4"ai4-. Existing law prohibits a district from acquiring land for or establishing and operating a refuse transfer facility or disposal facility within a city or the unincorporated area of a county until the city council, if the facility is proposed to be located in the city, or the board of supervisors of the county, if the facility is proposed to be located in 97 SB 537 —2 the unincorporated area of the county, has, by resolution, consented to the use of the proposed site for that purpose. e€t-ei�- Existing law requires specified procedures, such as notice, public hearings, and elections, prior to a district's acquisition of land for, or the construction or maintenance and operation of, a refuse transfer facility or a refuse disposal facility. This bill watild fliake-4-hase a i W a , y- es app -ble Existing law requires various permits for recycling of waste materials. This bill would require that if the Los Angeles County Sanitation District requests authorization under any permit to exceed 5% beyond 4, 000 tons per day of waste recycling at a material recycling facility in an unincorporated portion of Los Angeles County, that authorization may not be granted unless the city council of each of the cities located within one mile of that facility, by resolution, approves of the expansion. This bill would make legislative findings and declarations regarding the need for special legislation. Vote: majority. Appropriation: no. Fiscal committee: no. State -mandated local program: no. The people of the State of California do enact as follows: 1 2 SECTION 1. Section 4741.05 is added to the Health and 3 Safety Code, to read. - 4 4741.05. (a) Notwithstanding any other provision of law, if 5 the Los Angeles County Sanitation District requests authorization 6 under any permit to exceed 5 percent beyond 4, 000 tons per day 7 of waste recycling at a material recycling facility in an 8 unincorporated portion of Los Angeles County, that authorization 9 may not be granted unless the city council of each of the cities 10 located within one mile of that facility, by resolution, approves of 11 the expansion. 97 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 -3— SB 537 (b) Nothing in this section shall be construed to impede the ability of the Los Angeles County Sanitation District to facilitate the transfer of waste by rail up to 4, 000 tons per day from any district facility. SEC. 2. Due to the unique circumstances concerning the County of Los Angeles, the Legislature finds and declares that a general statute cannot be made applicable within the meaning of Section 16 of Article IV of the California Constitution. Therefore, this act is necessarily applicable only to Los Angeles County. All matter omitted in this version of the bill appears in the bill as amended in the Senate April 9, 2003 (JR 11) C 97 P GABRIEL VAu.EY TRIBUNE •- 0 INION Moaner, Arttu, 28, 200p br A14 M\ 11EAr Share trash responsibility p y TATE Sen. Gloria permits for a facility that Romero, D -Rosemead, limits capacity to a little over has begun the neces- 4,000 tons per day. Why not sary process of rewrit- just limit capacity for all but ing well• intentioned facilities throughout the poorly executed legisla. state? tion that would have given Perhaps because just as cities and voters veto power clearly, the senator seeks over trash disposal next door. ito g Not only would SB 537 ve protection to the city of Industry at whose behest the have set a dangerous prece- legislation was crafted and to dent for voter control of all residents of development State Sen. Gloria Romero the nmcorpo- across juris. is in theprOCeSS of rated commu- dictional lines, nity of it would have rewriting her well-inten. Hacienda killed waste. tioned SB 537. She is Heights who by -rail in itsin an excellent have endured tracks. Given position 20 -plus years the limited to offer meaningful legis• of landfill amount of lation that makes each operations at landfill space Puente Hills. left in this or community responsible At 1,365 acres any county, for its trash. and a trash that can't be volume of allowed to happen.more than Face it, with the chance to 13,000 tons per day, it is the its not largest landfill in the nation. Of us would voluntarily site a limit thany pne Industry number of trrOfficials ash to trash operation close by. trucks rumbling through To her credit, Romero their town once the landfill went about rewriting the bill closes in 2013 and the MRF after a story in this newspa• begins operation. Limiting per Friday exposed the con- capacity limits traffic, fusing nature of the legisla- But without other disposal tion and the angry response operations, limiting capacity of local governmental bodies. could be premature and such Overhaul is warranted. selective limitation could Already new language makes give other counties the green it clear that only facilities light to build bigger and per - within the unincorporated haps "bader" operations. Portion of Los Angeles Another tack is needed. County would be affected. More than 9 million People So far, that means the bill reside in Los Angeles takes aim against the pro- County. Virtually all con - posed materials recovery tribute to the mountain of facility (MRF) or trash -sort- household waste generated ing plant under construction daily, yet few have to worry at the Puente Hills Landfill about where their trash final - site and any trash loading ly dumps. facility that may be built It's time the responsibility elsewhere under the direc- was better spread across the tion of the county Sanitation county. unty. However, it still gives cityLegislation that would encourage clean, unobtrusive councils within a mile of a trash disposalplanned operations materials recycling facility such that plaanned for Power over expansion in Puente Hills would be more excess of 5 percent above a helpful. 4,000•ton-per-day limit. That We encourage Romero to remains the most troubling be the first to offer meaning- shouldaspect of the no stand- fill legislation that would 't be allowed Clearly, Romero wants to make each community hold the county Sanitation responsible for its trash. Districts to its word and Solutions we could all live with, that should be the goal. T 7 W TE4 REC1nMAT10N • tSOLID WASTE MANAGEMEN' COUNTY SANITATION DISTRICTS OF LOS ANGELES COUNTY 955 Workman Mill Road, Whittier, CA 9060 1 -1400 Nailing Address: PO, Box 4998, Whittier, CA 90607-4998 dephone: (562) 699-741 1, FAX (562) 699-5422 JAMES F. STAHI ww.locsc.org — Chief Engineer and General Manager ♦A April 18, 2003 - r C.0 Boards of Directors A' County Sanitation Districts of V Los Angeles County N0 Dear Director: __V CA Legislative Alert - Senate Bill 537 OPPOSE Q1 State Senate Bill 537 (SB 537) by Senator Gloria Romero would prohibit establishment, operation and expansion of Sanitation Districts' solidwaste facilities and operations in unincor- porated areas of Los Angeles County unless approval is granted by each city within one mile of the facility. The bill specifically includes in those prohibitions facilities essential to the implementation of a waste -by -rail system to serve Los Angeles County. As you are aware, the Boards of Directors have approved the implementation of waste -by - rail system as proposed by the Sanitation Districts, with the management of the transition in costs from local landfills to waste -by -rail in the hands of the Directors. The key local facilities in this program which are not yet developed are the Puente Hills Materials Recovery Facility (MRF), which is currently under construction and the facilities to load the sealed containers from the MRF onto trains. SB 537 threatens the operation of the MRF and creates new roadblocks to the development of loading facilities necessary to complete the waste -by -rail system. SB 537 also disregards the existing environmental review process and poses a threat to the established authority ofjurisdictions over land use within their boundaries by creating a precedential override by adjacent jurisdictions. The Sanitation Districts are opposing this bill and will send a letter of oppositi Romero and all the members of the Senate Environmental QualityCoon to Senator mmittee prior to the Committee hearing scheduled for April 28, 2003, in Sacramento. In addition, the Sanitation Districts will circu- late a resolution in opposition to SB 537 to members of its Boards of Directors. The resolution and signatures of the Directors will also be sent to the author and Committee members. I strongly encourage each city to also write to Senator Romero and members of the Senate Environmental Quality Committee and urge them to vote "no" on SB 537. Attached is a sample opposition letter for SB 537, which states the bill would have serious negative impacts on solid waste management in Los Angeles County in general and on the cost-effective rail haul specifically. implementation of JFS:mah Enclosure Very truly yours, i C�kc James F. Stahl Z y rT min; ,IV -U3M L41 U3 O �p T T CIA M The Honorable Byron Sher, Chair Committee on Environmental Quality California State Senate P.O. Box 942848 Sacramento, CA 94248-0001 Dear Senator Sher: April 17, 2003 Senate Bill 537 - Oppose position The City of has reviewed Senate Bill 537 and strongly opposes the bill as amended on April 9, 2003. The bill would amend the County Sanitation District Act to significantly jeopardize existing solid waste management facilities and the proposed waste -by -rail system to serve Los Angeles County. These existing and future in -county facilities are needed to provide essential solid waste management for residents in cities and unincorporated areas of Los Angeles County. SB 537 also disregards the existing environmental review process and threatens the established authority of jurisdictions over land use within their boundaries by creating a precedential override by adjacent jurisdictions. The Citv of respectfully urges you to vote no on SB 537. cc: Members of the Senate Committee on Environmental Quality Senator Gloria Romero Agenda # 7.1 Meeting Date: May 6, 2003 CITY COUNCIL ��� `'� °° �''� AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager " p TITLE: Review of Extended Stay America Retail/Commercial Development Project Review - A request for approval of Mitigated Negative Declaration No. 2002-07, General Plan Amendment No. 2002-01, Zone Change No. 2002-01, Specific Plan No. 2002-01, Development Review No. 2002-07, Conditional Use Permit No. 2002-05, and Tentative Parcel Map No. 26771; for property located at 850 Brea Canyon Road (APN 8719-013- 010) (Walnut Valley Trailer Park Property). (Continued from April 15, 2003) Background: On May 1, 2003 the applicants, Phil Williams for Extended Stay America and Al Anz, informed the City of their intent to withdraw the project application requests. As of this writing we are awaiting official written confirmation of their decision. Staff contacted the property owner to further corroborate the intent to withdraw the project. Although this matter is an advertised and continued public hearing, as a result of the project withdrawal there is no need to conduct the public hearing and no need for any further action by the City Council. The action by the applicant terminates the entitlement request process. Recommendation: It is recommended that the City Council receive and file the applicants request for withdrawal and take no further action. Jams DeStef�no Deputy City Manager Attachment EXTENDEDC/ E F F I C I E N C Y S T U D I O S Date: May 2, 2003 To: Mr. Jim DeStefano From: Phil Williams, Construction Manager Re: Request for Withdrawal of Application Jim, At this time, please withdraw our application for development at 850 Brea Canyon Road in the City of Diamond Bar. Our current contract with our Seller has expired and we were unable to negotiate an extension. We have spent close to $300,000 in development costs on this project and hope to revive it when the economic climate conditions change. Extended Stay America still feels that the market and location in Diamond Bar is one where we could be very successful. It is our hope that the project can be revived and brought back to life at some time in the near future. We thank the City of Diamond Bar for their cooperation, support and efforts with our application. Phil Williams Construction Manager 2525 Cherry Ave., #310 Signal Hill, CA 90755 (562) 981-5891 (562) 997-0165 fax (562) 618-2293 cell cc: Dave Davenport, ESA Real Estate Manager Al Anz, BV Development Mario Tutino, CASCO Corporation CITY COUNCIL Agenda: 8.1 Meeting Date: May 6, 2003 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manage 40t TITLE: ADOPT RESOLUTION NO. 2003 -XX AMENDING RESOLUTION NO. 1996-41C, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO AMEND THE PARKING PENALTY SCHEDULE AND LATE PAYMENT FEES. RECOMMENDATION: That the City Council approve and adopt Resolution No. 2003 -XX Amending Resolution No. 1996-41 C, A Resolution Of The City Council Of The City Of Diamond Bar To Amend The Parking Penalty Schedule And Late Payment Fees. BACKGROUND/DISCUSSION: The current City of Diamond Bar Parking Penalty Schedule was last amended in 1999 and established a blanket fee of $50 for all parking violations. On March 18, 2003, pursuant to Council's direction, staff was to return with an amendment to the Parking Penalty Schedule to lower the fee for street sweeping violations. This resolution would amend the Parking Penalty Schedule with the addition of "Failure to Obey Street Sweeping Parking Signs". With the adoption of this resolution, the penalty would be reduced to $30 per citation, $35 with delinquency notice, and $83 with DMV hold. The change to the Parking Penalty Schedule is highlighted in Exhibit "A", Page 1, Item No. 2. FINANCIAL IMPACT From September 16, 2002 through April 4, 2003, 6,233 citations have been issued. This is an approximate average of 890 parking citations issued per month. Estimated Monthly Cost Breakdown The monthly number of citations issued varies from month-to-month. NO. OF ESep 02 Oct 02 Nov 02 Dec 02 Jan 03 Feb 03 Mar 03 Apr 03 CITES 1 844 909 620 591 1557 335 775 602 The month of January is higher due to weekly sweeping and February is significantly lower due to only one week of enforcement (the second week of sweeping was a holiday week). The following is the estimated monthly cost breakdown: FISCAL YEAR 2002-2003 $50 per Cite $30 per Cite Potential gross monthly amount (average 890 cites $44,500 $26,700 * Monthly Expenses: Dismissal/void 3% = 27 cites x $50/$30 $1,350 $ 810 Administrative fees $1.48 per cite x 890 cites $1,317 $1,317 Judicial fees $5 per cite x 890 cites $4,450 $4,450 Administrative Review Fees 2% = 18 cites x $3 $ 54 $ 54 Administrative Hearing Fees JDS 2% = 18 cites x $5 $ 90 $ 90 La Verne Processing Fee 2% = 18 cites x $15 $ 270 $ 270 Hearing Officer(lump sum $ 110 $ 110 CSO/Auto maintenance charges ($47,058 annual cost _ 12 months $3,921 $3,921 TOTAL MONTHLY EXPENSES $11,562 $11,022 TOTAL ANTICIPATED MONTHLY INCOME $32,938 $15,678 * See Attachment "A" for details. Additional start-up costs over and above monthly expenses: ■ CSO Vehicle Purchase $16,875 ■ Initial signage costs $12,000 ■ Additional costs to place signs at beginning and end of each street $100,000 TOTAL START-UP COSTS $128,875 When the additional 800 signs are installed at each entrance/end of every street, the number of citations issued should be reduced due to increased visibility. As residents and visitors become more cognizant of the program, it is anticipated that the revenues will decrease over time. However, costs will be slowly increased. In the following table, for FY 2003-2004, staff used 200 cites per month for informational purposes. ANNUAL PROJECTION FY 2003-04 $50 per Cite $30 per Cite Potential gross annual amount (average 2,400 cites $120,000 $72,000 POTENTIAL GROSS MONTHLY INCOME (average 200 cites $10,000 $6,000 TOTAL MONTHLY EXPENSES $5,719 $5,599 TOTAL ANTICIPATED MONTHLY INCOME FY 2003-04 $4,281 $401 At the fee rate of $30 per citation and a monthly expense amount of $5,599, a minimum of 190 citations per month would need to be issued in order to simply break even. For FY 2003-04, the budget for the Sheriff's CSO and expenses is anticipated to increase by 3% (approximately $80 per month). Additional increases could be incurred in the future from JDS for processing of the citations as cost of living increases are added in to the fees. PREPARED BY: Sharon Gomez, Management Analyst REVIEWED BY: � M" T�-1'a►,u�L, %-- lel David G. Liu J es DeStei �at Director of Public Works Deputy City M Attachments: Attachment "A" — Street Sweeping Enforcement Fees Resolution No. 2003 -XX Exhibit "A" -- City of Diamond Bar Parking Penalty Schedule Attachment "A" PARKING CITATION ADMINISTRATIVE FEES Judicial Data Systems (JDS) is contracted by the City as our parking cite administrator. ➢ The Administrative Costs for processing the citations are: ♦ $1.48 Judicial Data Systems ♦ $5.00 Pomona Judicial District fee Additional charges will be incurred when the citation is appealed to the administrative review or hearing stage. There are relatively few citations that reach the administrative review or hearing stage (less than 2%). These additional charges are not recovered from the citee. The Administrative Review is performed by the City's Sheriff Team Leader. Although there are no additional costs incurred, these reviews take time away from other policing duties. The following is the additional appeal processing cost: ♦ $3.00 JDS for Administrative Review processing fee The Administrative Hearing process is contracted through the City of La Verne. The Hearing Officer is a retired Police Captain and the baliff(s) are Community Patrol personnel. ♦ $5.00 JDS for Hearing processing fee ♦ $15.00 City of La Verne processing fee ♦ $110.00 City of La Verne for adjudication by hearing officer per day To make the hearing process more citizen friendly, the City decided to bring the hearing officer to City Hall. The additional cost of $110 is to hold the hearings in Diamond Bar rather than Pomona. The citation fines are collected by JDS and deposited into the City's bank account. The collection timeline for the fee is as follows: ♦ 21 days for issuance payment ($30) is due ♦ 14 day grace period follows then reminder notice ($30+$5 penalty) is sent ♦ 14 day grace period follows issuance of reminder notice ♦ 49 days after the citation is issued the fine escalates ($83) and is sent to DMV for collection. The fine is then collected when the individual renews his/her vehicle's license plate registration. The City receives DMV hold revenue on a monthly basis from the State (however, amounts received vary significantly and are hard to determine a monthly amount). The DMV deducts a $3 handling fee for each collected citation with the balance due remitted to the City. RESOLUTION 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA AMENDING RESOLUTION NO. 1996-41C TO AMEND THE PARKING PENALTY SCHEDULE AND LATE PAYMENT FEES RECITALS (i) Section 40203.5 of the California Vehicle Code requires the City of Diamond Bar to establish parking penalties for parking violations and late payment penalties for parking violations. (ii) All legal prerequisites to the adoption of this resolution have occurred. RESOLUTION NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: 1. In all respects as set forth in the Recitals of this Resolution. 2. The City Council of the City of Diamond Bar hereby adopts as its parking penalty schedule that schedule attached hereto as Exhibit "A" together with each penalty and other fee amount set forth therein. 3. The parking penalty schedule adopted by the City Council in Resolution 96-41 (C) is hereby replaced in its entirety in this Resolution. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 6th day of May, 2003. ATTEST: Lynda Burgess, City Clerk Carol Herrera, Mayor 1 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 6th day of May, 2003, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: LYNDA BURGESS, City Clerk City of Diamond Bar 2 AMENDED EXHIBIT "A" CITY OF DIAMOND IIAR PARKING PENALTY SCHEDULE EFFECTIVE MAY 6, 2003 ADMINISTRATIVE FEES: Delinquency Notice Penalty $5.00 DMV Hold Penalty $48.00 Return Check Fee $15.00 PARKING PENALTIES: The following parking penalties are established for citations issued in the City of Diamond Bar by the Walnut Sheriffs Department. The first amount for each violation is the penalty if the citation is paid on "citation'. The second amount is the parking penalty with the Delinquency Notice penalty. The largest amount is the parking penalty plus the Delinquency Notice penalty and the DMV Hold penalty. With With Delinquency D.M.V. # Code Section Description Penalt Notice Hold 1) DBMC 10.08.080 (a) Failure to Obey Parking Signs 50.00 55.00 103.00 2) DBMC 10.08.080 (b) Failure to Obey Street Sweeping Parking Signs 30.00 35.00 83.00 3) DBMC I0.08.100 Parking Space Markings 50.00 55.00 103.00 4) DBMC 10.16.110 Signs Limiting Parking Time Authorized in Certain 50.00 55.00 93.00 Circumstances 5) DBMC 10.16.120 Commercial Loading Zones 45.00 50.00 98.00 6) DBMC 10.16.130 Post Office Parking Restrictions 40.00 45.00 93.00 7) DBMC 10.16.140 Depositing Mail Restrictions 40.00 45.00 93.00 8) DBMC 10.16.200 Passenger Loading 45.00 50.00 98.00 9) DBMC 10.16.210 Alleys; Parking Limits 45.00 50.00 98.00 10) DBMC ][0. 16.220 Temporary Restrictions Authorized in Certain 45.00 50.00 98.00 Circumstances 1 1) DBMC 10.16.410 Parking Prohibited 50.00 55.00 103.00 12) DBMC 10.16.440 Removal of Ignition Key when Parking 40.00 45.00 93.00 13) DBMC 10.16.450 Parking on Steep Grades 40.00 45.00 93.00 14) DBMC 10.16.460 Angle Parking 40.00 45.00 93.00 15) DBMC 10.16.470 Double Parking 45.00 50.00 98.00 16) DBMC 10.16.480 Parking Prohibitions for Specific Places; Council 45.00 50.00 98.00 Authority 17) DBMC 10.16.490 Parking Prohibitions for Vehicles over Six Feet High,45.00 50.00 98.00 Near Intersections 18) DBMC 10.16.500 Parking on Private Driveways or other Public and 45.00 50.00 98.00 Private Property 19) DBMC 10.16.510 Dual Roadways 45.00 50.00 98.00 20) DBMC 10.16.520 Parking between Curb and Adjacent Property 45.00 50.00 98.00 21) DBMC 10.16.530 Blocking Highway or Private Street 45.00 50.00 98,00 22) DBMC 10.16.540 Vehicles Transporting Hazardous Materials; Parking 335.00 360.00 408.00 Restrictions 23) DBMC 10.16.550 Blocking Driveways on Private Streets 45.00 50.00 98.00 CITY OF DIAMOND BAR PARKING PENALTY SCHEDULE PAGE TWO # Code Section 24) DBMC 10.16.570 25) DBMC 10.16.580 26) DBMC 10.16.590 27) DBMC 10.16.600 28) DBMC 10.16.620 29) DBMC 10.16.630 30) DBMC 10.16.660 31) DBMC 10.16.830 32) DBMC 10.16.840 33) DBMC 10.16.850 34) DBMC 10.16.1310(a) 35) DBMC 10.16.150(b) 36) DBMC 10.16.150(b) 37) DBMC 10.16.150(b) 38) DBMC 10.16.150(c) 39) DBMC 10.16.150(c) 40) DBMC 10.16.150(c) 41) DBMC 10.16.190 42) DBMC 10.16.190(a) 43) DBMC 10.16.190(a) Description Parking Vehicles for Sale or Rent Special Hazard Areas; Parking Prohibition Authority Areas Adjacent to Schools Areas near Fire Hydrants on Private Roads Use of Assigned Parking Spaces Physically Handicapped Persons; Off -Street Parking Facilities Taxicab Stands -Use Restrictions Highway Parking Requirements when Meters Installed Parking Lot Requirements when Meters Installed Deposit of Fees Required Preferential Parking Districts Penalty Commercial Vehicle Parking Exceeding 1/2 Hour Second Offense within 1 Year Third Offense within I Year Vehicle Exceeding 10,000 lbs. Second Offense within 1 Year Third Offense within 1 Year Trailers or Semitrailers; Parking Requirements Second Offense within 1 Year Third Offense within 1 Year THE SCHEDULE OF PENALTIES FOR VIOLATION OF STANDING AND PARKING LAWS CONTAINED IN THE VEHICLE CODE OF THE STATE OFCALIFORNIA IS AS FOLLOWS: Registration/Eouinment Violations: 44) With With 30.00 Delinquency D. M. V. Penalty Notice lid 45.00 50.00 98.00 45.00 50.00 98.00 45.00 50.00 98.00 60.00 65.00 103.00 45.00 50.00 98.00 330.00 335.00 383.00 25.00 30.00 78.00 25.00 30.00 78.00 25.00 30.00 78.00 45.00 50.00 98.00 50.00 55.00 103.00 47.00 52.00 100.00 147.00 152.00 200.00 447.00 452.00 500.00 47.00 52.00 100.00 147.00 152.00 200.00 447.00 452.00 500.00 47.00 52.00 100.00 147.00 152.00 200.00 447.00 452.00 500.00 THE SCHEDULE OF PENALTIES FOR VIOLATION OF STANDING AND PARKING LAWS CONTAINED IN THE VEHICLE CODE OF THE STATE OFCALIFORNIA IS AS FOLLOWS: Registration/Eouinment Violations: 44) CVC 4152.5 Foreign Vehicle Registration 30.00 35.00 83.00 45) CVC 4454(a) Registration Card Kept with Vehicle 30.00 35.00 83.00 46) CVC 4457 Stolen, Lost or Damaged Cards and Plates 30.00 35.00 83.00 47) CVC 5200 Display of License Plate 30.00 35.00 83.00 48) CVC 5201 Positioning of Plates 30.00 35.00 83.00 49) CVC 5201(t) Plates Clearly Visible 30.00 35.00 83.00 50) CVC 5202 Period of Display 30.00 35.00 83.00 51) CVC 5204(a) No Tabs 30.00 35.00 83.00 52) CVC 27155 Fuel Tank Caps 30.00 35.00 83.00 Registration/Equipment Violation upon proof of correction, penalty is reduced to $10.00 CITY OF DIAMOND BAR PARKING PENALTY SCHEDULE PAGE THREE California Vehicle Code Violations: With With # Code SectionDelinquency Description D.M.V. Penaltv Notice Hold 52) CVC 21113(a) Unlawful Parking -Public Grounds 45.00 53) CVC 22500(a) Parking within Intersection 50.00 98.00 54) CVC 22500(b) Parking on Crosswalk 45.00 50.00 98.00 55) CVC 22500(c) Parking/Safety Zone Marked with Red Paint 45.00 50.00 93.00 56) CVC 22500(d) Parking Fire Station Entrance 45.00 50.00 98.00 57) CVC 22500(e) Blocking Driveway 60.00 65.00 113.00 58 CVC 22500(f) Parking on Sidewalk 45.00 50.00 98.00 59) CVC 22500(g) Parking along Excavation 45.00 50.00 98.00 60) CVC 22500(h) Double Parking 45.00 50.00 98,00 6f1 CVC 22500(i) Parking in Bus Zone 45.00 50.00 98,0 62) CVC 22500 ' V) Parking in Tunnel 255.00 250.00 308.00 0 63) CVC 22500(k) Parking on Bridge 45.00 50.00 98.00 64) CVC 22500(1) Blocking Disabled Access Ramp 45.00 50 00 98.00 65) CVC 22500.1 Additional Prohibited Stopping, Standing or 250.00 60.00 255.00 303.00 g Parking; Fire Lane 65.00 113.00 66) CVC 22502(a) Parking 18" from Curb 67) CVC 22502(e) Curb Parking -One Way Roadway 45.00 50.00 98.00 68) CVC 22504(a) Unincorporated Area Parkin g 45.00 50.00 93.00 69) CVC 22505(a) O Stale Highway Parking 50.00 55.00 103.00 70) CVC 22507.8(a) Disabled Parking -No Visible Placard/Plate 45.00 50.00 98.00 71) CVC 22507.8(b) Obstruction of Disabled Parking Space 330.00 330.00 335.00 383.00 72) CVC 22507.8(c) Parking -Disabled Crosshatches Boundary Lines 330.00 335.00 383.00 73) CVC 22510 Parking in Snow Removal Areas 335.00 383.00 74) CVC 22514 Fire Hydrants 45.00 50.00 98.00 75) CVC 22515 Unattended Vehicles 60.00 65.00 113.00 76) CVC 22516 Locked Vehicle 45.00 50.00 98.00 77) CVC 2251740.00 Opening and Closing Doors 45.00 93.00 78) CVC 22520 Stopping on Freeway 60.00 65.00 113,00 79) CVC 2252135.00 Parking upon or near Railroad Track 40.00 88.00 80) CVC 22522 Parking near Designated Sidewalk Access Ramps 35.00 40.00 38 00 81) CVC 22523(a)(b) Abandonment Prohibited 280.00 285.00 333.00 82) CVC 22526 Anti -Gridlock Act 105.00 110.00 158.00 83) CVC 22526 Second Offense -Anti Gridlock Act 60.00 65.00 113.00 84) CVC 22526 Third Offense -Anti -Gridlock Act 105.00 110.00 ] 58.00 85) CVC 22951 Street and Alley Parking 255.00 260.00 308.00 86) CVC 23333 Stopping and Parking -Vehicular Crossing 40.00 37.00 45.00 93.00 87) CVC 25300(c)(e) Warning Device on Disabled or Parked Vehicle 37.00 4200 90.00 88) CVC 3 1303(d) Parking Hazard -Waste Cattier -Residential District 4200 90.00 89) CVC 357 12(a) Vehicle Exceeding 14,000 lbs. Posted 355.00 30.00 408.00 45:00 5 50.00 98.00 Agenda No. 6.1.1 CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION APRIL 15, 2003 STUDY SESSION: M/Herrera called the Study Session to order at 5:09 p.m., in Room CC-8 of the South Coast Air Quality Management District/Government Center, 28165 E. Copley Dr. Diamond Bar, CA. Present: Council Members Chang, O'Connor and Zirbes, and Mayor Herrera. Mayor Pro Tern Huff arrived at 5:13 p.m. 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; Sharon Gomez, Administrative Analyst; Lt. Joe Maxey, D.B./Walnut Sheriff; April Blakey, Public Information Manager; Fred Alamolholda, Senior Engineer and Linda Smith, Development Services Assistant. Street-Sweeping Related Parking Waivers 2002-03 Mid-Year Budget Adjustment 1) Street Sweeping Related Parking Waivers: CM/Lowry stated that staff's report summarizes the process that could be engaged to dismiss tickets. Criteria exists that would move the process forward. Staff has highlighted the areas that are lacking information and areas that require Council input. PWD/Liu explained that, in the next couple of months, staff will be adding 800 signs on citywide approaches and 254 signs in specific neighborhoods. Based on 5500 citations issued to date, there is an opportunity for residents to appeal those citations. Staffs report contains a list of possible scenarios for dismissal. Council asked staff to look into first-time offenders and staff needs a tool such as a computerized data based program to facilitate that process. Therefore, staff is recommending that Council authorize staff to research possible programs for determining such information. M/Herrera asked if staff was recommending that the City eliminate first-time offenders from the list of people that would be eligible to appeal for waivers? PWD/Liu affirmed that M/Herrera's interpretation was correct and stated that the number one complaint has been a lack of signage. Staff believes that when residents see additional signage in their neighborhoods, the bulk of the complaints would be eliminated. Additionally, when you look at the appeal process, people do have the opportunity to share their specific reasoning with our sheriff deputies or the hearing officer and, in the memo we provided to you tonight, there's a wide range of possibilities and we have been looking at these cases and we have been taking a common sense approach. We're not sure how many more people will benefit from this particular consideration. APRIL 15, 2003 PAGE 2 CC STUDY SESSION C/O'Connor felt that if first-time offenders were eliminated, ultimately, no tickets would be issued and the City would end up with a negative cash flow because of costs involved in the operation of the street-sweeping program. She felt that 80- 90% of citations were probably first-time offenders. C/Zirbes stated that he has never advocated dismissing first-time offenders. This program has been going for nearly a year. He felt it would be unfair to adopt a policy now to dismiss a first-time violator based upon the 5500 citations that we've already issued. Are we going to go back and dismiss all of those? He did think that the City needed to have any type of expensive database for that. That's something that staff could compile on their own with records showing that we dismissed a ticket based on a particular reason. C/O'Connor asked what staff meant by "vehicle sold" on the list of appeal process. Did it mean that the owner had sold the vehicle and the new owner had not registered it in his name? DPI/Liu explained that that was one scenario staff encountered. C/O'Connor continued by saying "If somebody appeals, these are the ones that you're going to allow off." Also isn't the CSO attempting not to ticket, for instance working contractors? So, hopefully, we won't have many appeals. You have on the list "disabled vehicles." Part of the purpose was to not ticket disabled vehicles but are you saying, for instance, that if I have a flat tire and I'm waiting for a tow truck to come, my vehicle is "temporarily disabled?" PWD/Liu indicated that C/O'Connor was correct. Staff intended that this category covered temporarily disabled vehicles over which the owner had no control. C/O'Connor assumed the Sheriffs Department would use discretion under these conditions. She then asked about the category "government vehicles." DPI/Liu responded that the category would include postal vehicles, etc. C/O'Connor clarified that "incorrect license number" meant that the CSO or deputy had written an incorrect car license number on the citation. C/Chang believed that several visitors had received first-time offender citations and that they complained that the City did not have enough signs to tell them. If the City puts up more signs, would that pretty much answer that question because of those 800 signs so therefore, we can eliminate that problem and if we wanted to give visitors a first-time waiver, could we do that. DPI/Liu believed that the addition of 800 signs was a good faith effort to advise residents and visitors. APRIL 15, 2003 PAGE 3 CC STUDY SESSION C/O'Connor asked how many present at this meeting look for street -sweeping signs when they visit other cities. When she visits her daughter, her daughter reminds her that she cannot park on the street. She wasn't certain the problem could be eliminated by placement of street signs. PWD/Liu ' said that staff believed that by putting up more signs the City is addressing the bulk of complaints. Staff has learned that there is a hand-held device that accommodates a computer program to facilitate the process of looking at first-time offenders. DCM/Doyle pointed out that, in the field, the hand-held device would not function to determine whether the offender was a visitor or resident. The device simply tracks license plates and whether that license plate has previously been issued a warning or citation. There is no "in the field" process for providing a first-time waiver for visitors only. It just cannot be done. C/Chang asked if the citation was written in the field, could the CSO come back to the City and determine whether it was written to a visitor or resident. DCM/Doyle responded yes, but then the City would have issues of dismissing the "squeaky wheels" who came in to City Hall to complain. Is the intent to waive "first-time offenders" or uphold the appeals of those who complain? Not all visitors would contest the ticket and then the City is faced with an equity issue. It seems as though most visitors are probably paying the ticket - very few are complaining. CM/Lowry asked how many times people pay tickets in cities where they do not reside versus paying tickets in cities wherein they reside. And, did it ever occur to you to say "I'm a visitor here so I'm not going to pay the ticket?" She felt that most people would go ahead and pay the ticket. MPT/Huff indicated that he would have no problem with giving a waiver on the appeal. CM/Lowry asked for direction on how to measure the appeals. M/Herrera pointed out that during PWD/Liu's presentation, he said that staff is not equipped to ascertain first-time offenders. The list of categories for appeal eligibility does not include "first-time offenders even though it was on an earlier list." MPT/Huff said that he recalled "first-time offenders" was on the Council's list of intents and felt it should still be on the list. He felt it should be "a" reason for considering a waiver. APRIL 15, 2003 PAGE 4 CC STUDY SESSION C/O'Connor reiterated her concern about the high percentage of citations issued to first-time offenders (approximately 89%) and that it would significantly reduce the amount of revenue generated that ultimately went to pay the cost of the street -sweeping program. MPT/Huff felt that most people would pay for their citation rather than appeal the matter. C/O'Connor understood MPT/Huff to say that if we get the technology to determine first-time offenders, then citations would not be issued. MPT/Huff understood that not having the technology is not a reason to disallow the appeal process, which is backward thinking. The last time Council discussed this matter, we agreed that the first-time offender should be allowed the appeal process. C/O'Connor said she did not agree with not ticketing first-time offenders. M/Herrera recalled that, at the last meeting, Council included first-time offenders in the group that would be allowed to appeal. MPT/Huff respectfully recalled that staff did not have the technology to determine first-time offenders and Council decided that it could be taken care of through the appeal process. Now it's been turned around, because we didn't have the technology, the appeal process was not retained on the list but it always was going to be on the list to eventually get the technology. M/Herrera recalled that Council authorized staff to purchase the technology pending the information that they found out about it. MPT/Huff recalled likewise. C/O'Connor did not recall that Council agreed to not ticket first-time offenders. DCM/Doyle recalled that at least two Council Members - perhaps four, were not in favor of first-time waivers for first-time citations, they were in favor of allowing people on the list to get their first ticket waived. That was not what he took away from the last study session. At the beginning of PWD/Liu's presentation, a couple of the Council Members spoke about the first-time waiver issue. What DCM/Doyle said that he understood from two of the four Council Members that they were looking at a first time waiver for the specifically listed categories, not a first-time waiver for everybody who was issued a ticket. M/Herrera said her understanding of the list was that those people who fell under those categories would have an exemption. DCM/Doyle said that staff was originally headed in the direction of providing first- time waiver appeals for service providers, but apparently misunderstood Council's direction at the March 18th meeting. APRIL 15, 2003 PAGE 5 CC STUDY SESSION MPT/Huff saw a distinction between a resident who's had all the warnings and staff and gets a ticket as opposed to someone visiting a resident who forgot to warn him/her or did not see the signs. M/Herrera added "...or the resident wasn't home to warn the visitor." C/O'Connor said she could see the waiver applying to a new resident. But if a resident leaves his car on the street and gets a first ticket, that should not be dismissed. MPT/Huff agreed. C/O'Connor said that that is what the appeal process is for. But she did not want the CSO to come to her car and plug it into this electronic thing and determine that because she had not previously received a ticket that she would not get one. She felt she should get a ticket and she would have the appeal process to offer an explanation. That would help new homeowners moving in. She asked if everyone was on the same page that not all first-time offenders would automatically be waived and that they would have to use the appeal process. She felt the CSO and Sheriffs Department are using their discretion on what's good or bad. M/Herrera asked for clarification on the out-of-town visitors. C/Chang thought that, based on Council's prior discussion, if technology could determine the vehicle to be a non-resident's vehicles, the City would issue a warning. At the same time, new residents would also be given a warning. Any others would need to make an appeal. 85-90% of the people in town are previously aware of the problem so we don't have to worry too much about the residents, we have to worry about the service providers and the visitors. I think technology might help us. DCM/Doyle reiterated that a hand-held device is unable to make that determination. The only way that could be done would be for each CSO to enter into the MDT, the license plate number and verify the license check. Staff does not have the time to do that. We can barely keep up with the sweeper at this time. C/O'Connor suggested that "new residents" and "out-of-town visitors" be added to the list of appealable dismissals. M/Herrera agreed that that would work. C/Zirbes said that CSOs could almost maintain a "shoe -box" record of those offenders so that if someone repeat offends they could be cited. APRIL 15, 2003 PAGE 6 CC STUDY SESSION DCM/Doyle said that, without knowing what process is in place right now, C/Zirbes' suggestion could be workable. MPT/Huff was confused because if, for example, the repeat offender were a visiting nurse, he would expect that person would be able to park there every week and not get a ticket every week. M/Herrera said there could be some neighborhoods where that scenario would be very difficult. What if residents have a daily visiting nurse and what if it is a different visiting nurse on certain days? MPT/Huff felt the program should be reviewed after a while to determine whether there are chronic offenders and what should be done about it. C/Chang felt that repeat offenders could be handled through the appeal process. M/Herrera said that when this matter was first discussed, Council agreed that a good portion of the problems could be taken care of during the appeal process. CM/Lowry summarized: It is no longer a consideration that everyone who gets a first ticket gets just a warning. Council concurred. CM/Lowry continued: Only these categories of people on this list with the new resident and the visitor out-of-town will be considered for dismissal of the ticket. Unless the CSO has identified the person as a service provider and does not issue a ticket. DCM/Doyle asked for clarification. There are one -timers and those who visit sites once every two weeks. Where do we draw the line? Does the gardener who visits the site every two weeks get his citation waived? CM/Lowry stated that common sense dictates that the gardener would clean up the street and gutter or that he would not be retained. M/Herrera said that Council discussed service providers - gardeners, plumbers, cable, the gas company, etc. and she did not see any of those on the list. DCM/DeStefano said that those providers could be included in the "working contractor's category" where it is obvious they are working at those specific addresses. MPT/Huff felt that in the case of service providers regularly visiting sites, the City needs to let the homeowner know that they have to sweep the street. C/O'Connor said that there were home-based businesses that had commercial vehicles parked in the street. Those people should be cited. APRIL 15, 2003 PAGE 7 CC STUDY SESSION CA/Jenkins explained that the list should be divided into three lists - one list for a list of first-time only to get waived, people from out of town and new residents. They get one freebie and then get ticketed from then on. The second category is obvious providers who do not have to go through the appeal because presumably, they would not be given a ticket in the first place - we don't want the postman to be appealing every week, the Adelphia person, the gardener is working, the moving van is being loaded or unloaded --the ticket will be dismissed because they were there working. The third category is one the Council seems to be struggling with the most which involves people who are not so obvious because they are driving a standard vehicle, such as the visiting nurse or the social worker. The issue is, if it's a one-time visit, the Council appears to concur that they can appeal and get their citation dismissed. The hard question appears to be the person who comes on a regular basis and they know that the City has a street -sweeping program in place but feel that they have a permanent exemption because of what they do. That is the one category about which he is unclear. DCM/Doyle pointed out that third category people might not actually park in front of the house of the person for whom they are working. The neighbor parks on the street and gets a citation. It will happen. C/O'Connor felt that person should have to keep going through the appeals process unless and until she could prove that she was in the area for work. CA/Jenkins pointed out that the person might become so discouraged by having to go through the process that he/she would figure out a different place to park and the problem would be solved. CM/Lowry said it seemed to her that person would have become a household member by virtue of having to be there every day. C/Chang suggested the program not specify the number of freebies the system would accommodate. It should be left to the discretion of the officers. PUBLIC COMMENTS: Clyde Hennessee wondered if a nurse and other similar regular service workers could place a sign on his/her dashboard indicating their name so that the officers would be aware the vehicle was allowed to be in the area. Most other service workers are obvious because of their equipment. 1) 2002-03 Mid -Year Budget Adjustment: CM/Lowry stated that due to state budget shortfalls, staff has anticipated a shortage of normal funds for next year's budget. As a result, staff is looking to close out this year's budget with a different point of view and in greater detail. Staff needs further information about Council's intent for postponement or deferment of certain projects in order to establish an adjustment amount. In APRIL 15, 2003 PAGE 8 CC STUDY SESSION meeting with the Finance Committee, staff asked the members if they wanted staff to live within a conservative estimate of, perhaps, a $2 million dollar shortage of VLF and shrink the General Fund budget, including Transfers Out, accordingly? Alternatively, would Council prefer that staff look at spending a normal budget but dipping into fund balances in order to fund projects the Council has already included in its goals and objectives for which work has already begun. The Finance Committee responded that it did not want the fund balance (reserves) touched. Therefore, staff could begin to immediately defer items through a mid -year adjustment. If that were the direction Council chose, staff would like to receive input regarding the capital improvement spreadsheet items. Consideration of these items would result in a $718,000 reduction in Capitol Improvement expenditures out of this year's budget that would most likely have been carried over into next year's budget. Purchase orders have not yet been cut on these items. Therefore, the City is under no obligation to move forward. Portions of certain items would affect the general funds and portions of certain items would affect other funds. Department heads reviewing their operating budgets have set forth savings they can make inside their budgets within the General Fund. These budget savings amount to $940,000. Some of these budget items include deferring items. Other cuts involve monies that were never spent. For instance, during a year when the City has no litigation and unusual legal expense or exposures, that item could come in well within or under the budgeted amount. She recommended the Council first look at Capital Improvement projects, the largest impact on operations and how the next year's budget is approached. She pointed everyone to Agenda Item 6.9, the first General Fund Budget Page without a page number on it, 5 column; staff has created amendments to what has been budgeted today. Amendments reduce General Fund Revenues by $900,000 and the appropriations by $6.6 million, $5.6 million of that is the Transfers In to the Capital Improvement Funds so the real impact of our operations in the General Fund would be about $950,000. She suggested discussion of the Capital Improvement Projects because that would have the largest impact on future planning. Out of all departments, only 3 would require increased appropriations: 1) Volunteer Patrol - $700; 2) Animal Control - $7,500 and 3) General Government for $12,400 because we underestimated our unemployment claims expense. FD/Magnuson explained that money that is not spent in a prior year goes into the fund balance reserves and comes back out. PWD/Liu reported on the current status and expenditures for the Prospector's Rd., Grand Ave. and Area #5 Slurry Seal projects. CM/Lowry said that in making these recommendations, staff tried to be aware of the community's expectations from the City and where the community would hold the Council and staff accountable. Does the Council want to view the risk in a two-year window missing ($3-4,000,000) or view the risk (on a $10,000,000 shortfall) over a five-year period. That would not affect the way in which the City APRIL 15, 2003 PAGE 9 CC STUDY SESSION looks at changing its operation and the manner in which the City continues to put items on the goals and objectives. MPT/Huff felt that from all reports, the City would take a 2-3 year hit. He felt that planning for a two-year hit would be a good way to approach it and continue monitoring the situation. He felt that a five-year period would be very onerous and it would also be difficult to sit on the City's reserves while streets are decaying. He believed that maintenance items should be given the highest priority because of the trickle-down effect. He would rather defer the new projects than the maintenance projects and hope that not too much would have to be deferred. CM/Lowry said staff wants to improve disclosure so the Council understands the new, real totals. M/Herrera said that would be good because if the budget shows $2,000,000 left at the end of the year, it indicates $2,000,000 in unencumbered money and that is not correct. CM/Lowry explained that as staff becomes more prudent because revenues are less certain and our accountability becomes tighter and tighter, that automatic leftover of $1-2,000,000 will be there because our estimating skills will have improved. M/Herrera said that the City has been in the habit of underestimating revenues and overestimating expenditures. CM/Lowry explained that when she first worked in government in another state, if municipalities overestimated expenditures and therefore taxed the people more than necessary, the state would void the city's property tax levy. The level of the Finance Director expertise was somewhat measured by how accurately the carryover was estimated. If it was not estimated accurately, you had just done the agency a huge disservice. She was also concerned about a "scarcity mentality" taking over because it would result in Council pushing itself into a corner where discretion becomes almost a blade at the throat. One moment you cannot afford it because it is not a desirable way to spend money but the next moment it's something you deem desirable and all of the sudden the money is available. Creating a scarcity scenario as a justification for not doing things in the city is a very sharp sword if placed between you and your constituents. She encouraged Council to continue being fiscally conservative without playing the scare tactic to justify making large changes. M/Herrera asked whether the revenues have materialized to pay for the expenditures that PWD/Liu just addressed. PWD/Liu stated that with respect to the traffic management safety projects, the City has been successful in utilizing Prop C money over the past couple of years. APRIL 15, 2003 PAGE 10 CC STUDY SESSION Included in the list of projects is the D.B.H.S. traffic signal in accordance with Council's direction at it's last meeting. PWD/Liu confirmed to C/O'Connor that the only traffic management project staff proposes to delay is Brea Canyon Cutoff at the southbound SR 57. This is a state owned on/off ramp location. However, CalTrans does not have the resources to move forward with this project at this time. C/Zirbes asked about the left-hand turn at Pathfinder and Evergreen Springs -- you have that budgeted from $130,000 up to $156,000. In the study session, we talked about postponing that signal. PWD/Liu explained that staff is aware of the postponement but we thought that, for your consideration at the time of construction award, is that we will list that intersection as an optional 5th item. M/Herrera asked if the $1.498 million revenues were currently deposited in the accounts to pay for the four items. FD/Magnuson stated yes and explained that, in the case of Prop C., for many years, the City has stockpiled money there and have a fairly decent balance available to fund these projects. CSD/Rose explained the Sycamore Canyon Park ADA retrofit project which has been divided into two more phases. Staff is preparing to construct Phase II. Plans and specs are ready to go out to bid for Phase II. Additionally, design of Phase III is underway. The amended amount of $262,450 represents construction for Phase II, previous design work for Phase II and Phase III work. Phase III construction would be a part of next year's fiscal budget request. The $262,450 consists of $50,000 from general fund, $50,000 from Prop 12 and the remainder from CDBG funds. CSD/Rose stated that the plans and specs for the two picnic shelters at Pantera Park are ready to go out to bid. The amount for this project was originally budgeted at $72,600 in general fund dollars. This entire budget was revised and moved to Prop 12 money so that no general fund monies would be tapped for this project. This project will likely be presented to Council for consideration at its first or second May meeting. CSD/Rose reported that the Starshine Park retrofit design project is all CDBG money. The conceptual design is completed and a neighborhood meeting is planned for mid-May. A determination about construction money sources will take place after the neighborhood meeting. It is anticipated that no general funds would be used to complete this project. CSD/Rose indicated that the Sycamore Canyon Trail Head Improvement design and construction document required an additional amount of $6,500 to complete APRIL 15, 2003 PAGE 11 CC STUDY SESSION a significant amount of survey work. $31,500 for this project is all General Fund money. The City was awarded a $118,000 Land and Water Conservation Act grant toward construction and construction documents for this project. This project will be included as a CIP request for the next fiscal year. $118,000 probably represents about half of the total amount for completion. CSD/Rose explained that the Skate Park improvements were carried over from the previous years and was used for purchase and installation of the drinking fountain at the Skate Park in 2002. CM/Lowry said she detected not a lot of resistance to the postponement of some of these projects. She did detect, however, that the Council might wish to move forward with the slurry seal project. Does Council want to leave it in this year's budget and proceed as normal or reconsider it in the next fiscal year budget? MPT/Huff would prefer to proceed with the slurry seal project. Other Council Members concurred. C/O'Connor felt that the Grand Avenue project was more an accommodation than a necessity. PWD/Liu concurred. M/Herrera confirmed to CM/Lowry that the Council felt it was important to move forward with the slurry seal project. Council concurred to discuss the balance of the projected budget reductions during the regular Council meeting. PUBLIC COMMENTS: Clyde Hennesee stated that he understood that Sunset Crossing Rd. was going to be redone several years ago. M/Herrera - Staff will look into the matter. ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the Study Session at 6:30 p.m. to the Regular City Council meeting. ATTEST: LYNDA BURGESS, City Clerk CAROL HERRERA, Mayor Agenda No. 6.1.2 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR APRIL 15, 2003 CLOSED SESSION: None DRAFT STUDY SESSION: M/Herrera called the Study Session to order at 5:09 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 and Zirbes, and Mayor Herrera. Mayor Pro Tern Huff arrived at 5:13 p.m. 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; Sharon Gomez, Administrative Analyst; Joe Maxey, Lt., D.B./Walnut Sheriff; April Blakey, Public Information Manager; Fred Alamolholda, and Linda Smith, Development Services Assistant. Street -Sweeping Related Parking Waivers 2002-03 Mid -Year Budget Adjustment ADJOURN STUDY SESSION: M/Herrera adjourned the Study Session at 6:30 P. M. CALL TO ORDER: M/Herrera called the Regular City Council meeting to order at 6:42 p.m. in the South Coast Air Quality Management District /Government Center Auditorium, 21865 E. Copley Dr., Diamond Bar, CA. CM/Lowry reported that during tonight's Study Session, Council reviewed matters related to discussion held during the last City Council meeting regarding parking citation waivers. Staff presented a list of criteria currently used by the City to dismiss a citation and asked Council for additional input. Council reviewed additional information regarding the availability of handheld devices that would allow Community Services Officers to determine whether a citation had previously been issued and whether the vehicle owner was a resident or visitor. Staff received sufficient input from the Council to establish criteria for the dismissal of citations and to rely on the appeal process. In addition, Community Services Officers should continue to use discretion when service providers and other service vehicles are parked in the way of the street sweeper. The criteria will be presented to the Council at a future meeting to receive and file. CM/Lowry further reported that the City Council reviewed with staff a first blush review of this year's budget. Staff presented options for capital improvement items that, under ordinary circumstances, would have been let and carried over as encumbrances into fiscal year 2003/04. Because the City anticipates revenue changes due to the State implementing a different approach to distribution of vehicle license fees, staff felt it prudent to check with Council to determine whether they APRIL 15, 2003 PAGE 2 CITY COUNCIL wished to defer or postpone certain items. Council directed staff to move forward with maintenance items that would preserve the City's infrastructure. Discretionary items will be held in abeyance until staff has completed a final review of the budget recommendations for 2003/04. PLEDGE OF ALLEGIANCE: Jr. Girl Scout Troop 237 presented The Colors. INVOCATION: The Invocation was given by Mike Malatka, Youth Minister, Diamond Canyon Christian Church. 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 stated that items 1.3, Presentation of Certificate Plaque to Diamond Ranch High School, awarded "California Distinguished School," would be presented at a future City Council meeting. At the request of the applicant, Agenda Item 7.1, Extended Stay American Retail/Commercial Development Project Review, would be continued to the meeting of May 6, 2003. 1 SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Proclaimed April 2003 as "National Poetry Month." 1.2. Proclaimed April 30, 2003 as "EI Dia de los Nir os." 1.3 Presentation of Certificate Plaque to Diamond Ranch High School, awarded "California Distinguished School" - continued to May 6, 2003. 1.4 Presented Certificate Plaque to the Diamond Bar Chamber of Commerce on their 20th Anniversary and displayed video regarding the Chamber. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/Lowry reported that the design work for the Sycamore Canyon landslide repair and slope improvement had been completed. The balance of the construction cost will be presented to the Council in the budget proposal for fiscal year 03/04. During the past few weeks, planting commenced on the Pulte Homes slopes. Staff scheduled a meeting tomorrow with Pulte officials to review the planting schedule/landscape mitigation as well as, the drainage work to be done as previously discussed during past Council meetings. APRIL 15, 2003 PAGE 3 CITY COUNCIL PWD/Liu reported that the long-awaited SR57/60 interchange improvements project (HOV connector project) is imminent. CalTrans recently engaged a contractor for its construction. He introduced CalTrans officials who spoke about the impending project. Victor Deldavinos, Senior Resident Engineer in charge of construction for CalTrans, spoke regarding future construction of the High Occupancy Vehicle (HOV) Lane carpool connector from the northbound SR 57 to the eastbound SR60 freeways. The $56,000,000 construction project was awarded to C.C. Meyers Construction of Sacramento. The project is expected to commence mid -to late May this year and continue for approximately 4 years. Responding to C/O'Connor, Mr. Deldavinos explained that the collector road is projected to begin at the Grand Ave. westbound on-ramp and continue westbound running parallel to the SR 60 over Brea Canyon and tie in at about Lemon Ave. on the SR 60. In response to C/Chang, Mr. Deldavinos confirmed that motorists would not have to cross the main line of traffic to get onto the westbound SR 60. C/Chang felt that this project would eliminate a lot of risky accidents. He asked what type of impact the construction would present to D.B. residents and what type of mitigation is planned to avoid the impact. Mr. Deldavinos said that the primary impact would be due to a significant amount of construction equipment in the median of the SR 57 and 60. Lanes will be re - striped in order to allow access to the median and outside edges of the freeway. The reconstruction includes the building of retaining and sound walls and accordingly, there will be clearing and grubbing that will generate some noise. CalTrans is required to mitigate the noise by not allowing loud construction during evening hours. The major generation of noise will be during the daytime hours from 7:00 a.m. to 3:30 p.m. Further, he did not expect the contractor to be working during most weekends. CalTrans has a traffic management plan that encompasses a form of outreach. CalTrans will place signs announcing closures throughout the life of the job and conduct an outreach program with advance notification regarding upcoming closures. C/Zirbes asked how the HOV lane from the north SR 57 would connect to the eastbound SR 60. Mr. Deldavinos responded that the "fly -over" connector would begin just north of Pathfinder and proceed over the SR 60 connector and come back down into the SR 60. C/Zirbes expressed concern that the "fly -over" might seem like a "Mr. Toad's Wild Ride." APRIL 15, 2003 PAGE 4 CITY COUNCIL Mr. Deldavinos said that initially, he had the same concern. When he looked at the plans, he could see that because the northbound SR 57 has a downgrade in that area, the "fly -over" would remain at an elevation similar to where the northbound SR 57 begins its decline. C/Zirbes asked if CalTrans planned to add additional northbound lanes to the SR 57 as it ties into the eastbound SR 60 to prevent further bottleneck. Mr. Deldavinos said he would have to get back to C/Zirbes on that issue. CalTrans is widening the area where the northbound SR 57 meets the SR 60 in order to accommodate an abutment but he was not certain that traffic lanes would be added. C/Zirbes said it would be really good to add another lane during construction to keep vehicles on the freeway and off of D.B. streets. Mr. Deldavinos noted C/Zirbes' comments. M/Herrera asked if any of the freeway closures would take place during peak traffic hours and when CalTrans anticipates completion of the project, to which Mr. Deldavinos stated that in accordance with the state's directive, CalTrans is not allowed to have any daytime closures during peak hours. In addition, there will be no closures during designated holidays including the day before and the day following the holidays. He anticipated completion of the project in 2007. Debra Harris, CalTrans, explained the company's plans for public awareness during this project. CalTrans plans to meet with local area businesses in cooperation with the D.B. Chamber of Commerce on Wednesday, May 7 from 4:30 to 6:30 p.m. at the SCAQMD/Government Center. CalTrans is working on a dedicated Website with maps, fact sheets, schedules and project updates. CalTrans is compiling an email listing of local businesses and interested parties that are interested in receiving updates and news releases about the project. CalTrans will have a dedicated telephone number for callers to receive routinely updated information including lane closure information. Members of the public will be able to leave messages and receive a callback from CalTrans. News releases will be forwarded to local media outlets. CalTrans will also look for additional opportunities to promote the project. CalTrans would like to have a presentation on the local cable station and will also be available to speak at local group meetings such as Kiwanis and Lions. Project information displays will be placed at several locations throughout the community. CalTrans will extend its outreach to the Automobile Club and California Trucking Association. Mid -May, CalTrans plans a groundbreaking ceremony that will be open to the public. CalTrans would like the opportunity to update the City and its Council during future meetings. M/Herrera assured Ms. Harris that the Council and residents would welcome periodic updates. She asked Ms. Harris to keep staff updated on the progress of the project. C/O'Connor invited CalTrans to participate in the City's birthday party on April 27 and have an information booth as a prelude to getting information out to the public. APRIL 15, 2003 PAGE 5 CITY COUNCIL 3. PUBLIC COMMENTS: Leticia Pacillas, Community Services Representative, L. A. County Fire Department, and Deputy Fire Chief John Nieto invited Council and residents to participate in the Fire Department's Wildland Fire Safety Awareness Community Meeting on April 17, 2003 from 6:30 to 8:30 p.m. at Fire Station 118, 17056 Gale Avenue, City of Industry. Aziz Amiri, representing the Chamber of Commerce, spoke about the recent AYSO tournament held in D.B. Ten sites accommodated 168 teams from throughout the state. He acknowledged residents who helped make the tournament a success. Jeff Koontz; Executive Director, Chamber of Commerce, encouraged everyone to attend the May 7 CalTrans presentation regarding freeway improvements. Clyde Hennessee asked about the status of construction of the new library. Jack Tanaka reported that the members of the D.B. Breakfast Lions Club prepared 7200 eggs for their 20th annual Easter Egg Hunt co-sponsored by the City of D.B. to be held Saturday, April 19, 2003 at 10:00 a.m. A pancake breakfast will be held at Pantera Park beginning at 8:30 a.m. 4. RESPONSE TO PUBLIC COMMENT: CM/Lowry responded to Clyde Hennessee that the City has not borrowed money for purposes of constructing a library. The City did, however, set aside funds in the current year for the successful completion of an application to obtain state bond money to construct a library. The loan being discussed is, in fact, the certificates of participation that the City sold for $13,000,000 to finance construction of the Community/Senior Center. As a result, the previously budgeted General Fund transfer of $5.6 million dollars was eliminated. 5. SCHEDULE OF FUTURE EVENTS: 5.1 COMMUNITY FOUNDATION MEETING - April 17, 2003 - 7:00 p.m., CC-8, SCAQMD/Government Center, 21865 E. Copley Dr. 5.2 ANNUAL EASTER EGG HUNT AND PANCAKE BREAKFAST - April 19, 2003 - 8:30 - 11:00 a.m. (Easter Egg Hunt at 10:00 a.m.), Pantera Park, 738 Pantera Dr. 5.3 PLANNING COMMISSION MEETING - April 22, 2003 - 7:00 p.m., SCAQMD/Government Center Auditorium, 21865 E. Copley Dr. 5.4 CITY COUNCIL AND PARKS RECREATION COMMISSION JOINT MEETING - April 24, 2003 - 5:00 to 7:00 p.m., SCAQMD/Government Center, Room CC-8, 21865 E. Copley Dr. APRIL 15, 2003 PAGE 6 CITY COUNCIL 5.5 PARKS AND RECREATION COMMISSION MEETING - April 24, 2003 - 7:00 p.m., Hearing Board Room, SCAQMD/Government Center, 21865 E. Copley Dr. 5.6 CHAMBER OF COMMERCE "CASINO NIGHT" - April 26, 2003 - 6:00 to 10:30 p.m., Pantera Park, 738 Pantera Dr. 5.7 CITY OF DIAMOND BAR 14TH BIRTHDAY CELEBRATION - April 27, 2003 - 12:00 noon to 6:00 p.m., Pantera Park, 738 Pantera Dr. 5.8 PUBLIC SAFETY COMMITTEE MEETING - May 5, 2003 - 7:00 p.m., DB/Walnut Sheriff Station. 5.9 CITY COUNCIL MEETING - May 6, 2003 - 6:30 p.m., Auditorium, SCAQMD/Government Center, 21865 E. Copley Dr. 6. CONSENT CALENDAR: Moved by Zirbes, seconded by MPT/Huff to approve the Consent Calendar, with the exception of Item No. 6.9. Motion carried by the following Roll Call vote with C/O'Connor voting NO on Items 6.6 and 6.8. 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 1, 2003-As submitted. 6.1.2 Regular Meeting of April 1, 2003 - As submitted. 6.2 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES - Regular Meeting of February 27, 2003, 6.3 APPROVED WARRANT REGISTERS - dated April 3 and April 10, 2003 totaling $532,867.89. 6.4 REJECTED CLAIM - Filed by Georgia Helmuth on March 14, 2003. 6.5 AUTHORIZED INCREASE OF $45,000 TO THE PROFESSIONAL SERVICES AGREEMENT WITH MONTANA TESTING & GEOLOGICAL LABORATORIES (MTGL) FOR SPECIAL INSPECTION SERVICES AT THE COMMUNITY/SENIOR CENTER FOR A TOTAL CONTRACT COST NOT- TO-EXCEED $60,000. 6.6 REJECTED ALL BIDS FOR THE LEFT-TURN SIGNAL IMPROVEMENT PROJECT AT THE INTERSECTIONS OF PATHFINDER RD./FERN HOLLOW DR. AND PATHFINDER RD./EVERGREEN SPRINGS DR. APRIL 15, 2003 PAGE 7 CITY COUNCIL 6.7 AWARDED CONTRACT IN THE AMOUNT OF $49,632 TO BONTERRA CONSULTING TO PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR PROPOSED VESTING TENTATIVE TRACT MAP NO. 53670 (HORIZON PACIFIC/JERRY YEH) LOCATED AT THE TERMINUS OF ALAMO HEIGHTS DRIVE. 6.8 AWARDED CONTRACT FOR DESIGN SERVICES FOR THE TRAFFIC SIGNAL IMPROVEMENT PROJECT AT THE WESTERLY ENTRANCE OF DIAMOND BAR HIGH SCHOOL LOCATED AT 21400 PATHFINDER ROAD TO ADVANCED APPLIED ENGINEERING, INC. IN THE AMOUNT OF $14,766 AND AUTHORIZED A CONTINGENCY AMOUNT OF $3,000 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL AUTHORIZATION AMOUNT OF $17,766. 7. PUBLIC HEARINGS: 7.1 CONTINUED PUBLIC HEARING - REVIEW OF EXTENDED STAY AMERICA RETAIUCOMMERCIAL DEVELOPMENT PROJECT REVIEW - A REQUEST FOR APPROVAL OF MITIGATED NEGATIVE DECLARATION NO. 2002-07, GENERAL PLAN AMENDMENT NO. 2002-01, ZONE CHANGE NO. 2002-01, SPECIFIC PLAN NO. 2002-01, DEVELOPMENT REVIEW NO. 2002-07, CONDITIONAL USE PERMIT NO. 2002-05, AND TENTATIVE PARCEL MAP NO. 26771; FOR PROPERTY LOCATED AT 850 BREA CANYON ROAD (APN 8719-013-010) (Walnut Valley Trailer Park Property). Continued from April 1, 2003. In response to M/Herrera, CA/Jenkins stated that the Public Hearing, opened on April 1, 2003, was still open. Zina Munoz objected to the proposed project. She lives in a condominium community very near the proposed project and felt that the view of the rear of a three-story hotel and other commercial buildings would not be pleasing for the residents in her neighborhood. At the request of the applicant, the matter was continued to May 6, 2003. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.9 FISCAL YEAR 2002-03 MID -YEAR BUDGET AMENDMENT. CM/Lowry reported that staff recommends delay or reconsideration in the upcoming budget of the following projects listed in the capital improvement program. 1) Delay of Prospectors Rd./Sunset Crossing to Golden Spring Improvement; 2) Delay of Slurry Seal Improvement Area No. 5; 3) Delay in the Brea Canyon Cut-off to the On/Off ramp and 4) Delay Sycamore Canyon Park ADA Retrofit Improvements. Council directed staff to add back in the $400,000 for the slurry seal in order to not damage the ongoing maintenance APRIL 15, 2003 PAGE 8 CITY COUNCIL program the City has in place for its streets to maintain the quality of its infrastructure. The aforementioned results in discussion of removal of $318,767 worth of construction improvement projects from the current budget. In addition, staff presented an estimate of $904,000 loss in General Fund revenues. The items are outlined in the spreadsheet provided to Council and include a decrease in property taxes and a decrease in permit fees. Staff also outlined a decrease in appropriations in the general fund of $6.6 million, $5.7 being an allocation of funds to be transferred out into the capital improvement area. CM/Lowry reviewed the proposed budget cut items found on Page 5 of the report. In response to C/O'Connor, CSD/Rose stated that the intent of the Youth Master Plan was to conduct a professional study/survey with the cooperation of the schools. The study would include anecdotal surveys with students needed to develop base information about youth activities in the community as well as develop an inventory of items that could be added to the palate of activities. The RFP process was completed and a recommended vendor was selected. The budget allocation was $50,000 and the proposed cost is approximately $87,000. If a contract was awarded, the document should be completed within 10 months. C/O'Connor commented that the City is in the process of building a beautiful Community Center that would include a dedicated senior area. She would like the City to proceed with the Youth Master Plan so that they could be included in the Center. She suggested that the $50,000 not be deleted but rather, complete the plan and have it available when the Community/Senior Center opens. MPT/Huff thanked staff for their thoughtful following through on a difficult task. Council adopted its budget in good faith anticipating that the revenues would be forthcoming. Budget changes will be forthcoming. During tonight's study session, the Council discussed not cutting back on maintenance items that would ultimately be delayed and more costly in the future. He felt that a Youth Master Plan could be created in-house and with the assistance of the Parks and Recreation Commission using examples of plans implemented by other cities. A good portion of the Youth Master Plan is a matter of codifying current activities and coming up with activities that could be incorporated. He would like to see it included in next year's budget once the actual budget figures were determined. C/Zirbes agreed with C/O'Connor that with the new Community/Senior Center coming on-line, there are a lot of things this community should be doing for the youth and did not want this item removed from the current fiscal year budget. C/Chang wanted the Youth Master Plan budget item retained. The City has never provided a complete program for its youth. He also believed that with the completion of the Community/Senior Center, it would be a great place to APRIL 15, 2003 PAGE 9 CITY COUNCIL provide certain youth services. For instance, young people need a place to complete their homework and take advantage of computer services. He felt that it was the right time to move forward. The City still has a good general fund reserve and there is an obvious need for additional services for the youth. M/Herrera felt that the City needed to live within its means and did not agree that funding should be provided for a Youth Master Plan at this time. She felt it would be best to wait and see what the State provided D.B. in terms of financing before proceeding with non -essentials. She favored coming up with other ways to determine what youth activities should be provided by the City rather than paying someone $50,000 to tell the City what it should be doing. She suggested looking at the City of Claremont's plan and forming youth committees to assist the City in the development of a plan. The Council could possibly brainstorm this matter during the joint study session with the Parks and Recreation Commission. C/O'Connor moved to restore the budget amount for the Youth Master Plan and increase the amount to $87,000. Motion seconded by C/Zirbes. 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 There was Council concurrence that the balance of the tagged items should be eliminated from the current budget. C/O'Connor suggested the Council send a letter to the Diamond Bar Community Foundation seeking assistance in the funding of the Youth Master Plan. M/Herrera agreed that C/O'Connor's suggestion was excellent and asked staff to prepare the letter. CM/Lowry stated for the record that not only was CSD/Rose given back his $50,000 but an additional $37,000 as a result of actions at the dais and that the City Manager did not treat him differently from all other department heads. 8. COUNCIL CONSIDERATION: 8.1 a) ADOPT RESOLUTION NO. 2003-16: AMENDING RESOLUTION NO. 1996-41C, AMENDING THE PARKING PENALTY SCHEDULE AND LATE PAYMENT FEES. CM/Lowry reported that when the program was implemented, costs included a vehicle ($20,000), a CSO ($30,000), signage ($90,000 APRIL 15, 2003 PAGE 10 CITY COUNCIL increased to $190,000) and an increase in sweeping that was absorbed within the budget appropriation. The question remains whether Council was comfortable absorbing the costs because of the public benefit for decreasing liability on the storm water issue. At the direction of Council, staff could prepare detailed information as part of the consideration for reducing the fees. When staff became confused about whether first-time violations would be forgiven, estimates of revenue also became confused. In order to create a paradigm of reliable cost numbers, it became an issue of including a table with the number that would not change, the service cost to track the citations through the contractor. M/Herrera felt it would be an important part of the analysis and that she would be more comfortable deliberating this matter with all available data. C/O'Connor believed the overall consideration for reducing the fine was a result of complaints from residents about the onerous amount. Council intended to make it a break-even situation. With the rough numbers it appears the City would still have enough money generated to cover the program. Sign installation is a one-time cost. She did feel, however, that Council should have the numbers to make certain that the $30 fee maintained the program. C/Chang felt that income was not the purpose of the policy. The intent was to maintain a satisfactory street sweeping program without burdening the residents. He believed that once the additional signs were installed, citation numbers would decrease. Certainly, Council does not want to be in the position of supplementing this program, but in order to make a good policy and bring a better quality of life to everyone, it is necessary to spend the money for the program. $30 is a small penalty for those who do not follow the code. He hoped the City would not have to spend too much money supplementing implementation of the code. Moved by MPT/Huff, seconded by C/Zirbes to continue the matter to May 6, 2003 in order for Council to receive a more thorough and accurate assessment by staff. C/Zirbes reminded Council that the reason for his "No" vote on decreasing the penalty was because he wanted a cost analysis of the program in order to make an informed decision. While the program is not a revenue generating mechanism for the City, it should pay for the CSO, time and equipment to maintain the streets. Motion carried by the following Roll Call vote: APRIL 15, 2003 PAGE 11 CITY COUNCIL AYES: COUNCIL MEMBERS - Chang, O'Connor, Zirbes, MPT/Huff, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None b) ADOPT RESOLUTION NO. 2003-16: AMENDING RESOLUTION NO. 2002-20 PROHIBITING PARKING OF VEHICLES ON RESIDENTIAL STREETS DURING CERTAIN HOURS AND DAYS FOR THE PURPOSE OF RESIDENTIAL STREET SWEEPING. CM/Lowry pointed out that the second part of this item is in response to Council's direction to staff to proceed with acquiring additional signs so that each street entrance would have adequate signage reflecting the days and hours of street sweeping. Other adjustments were made to the program around the schools and certain residential and commercial areas. The City's engineer has given authority to place signs as appropriate. C/O'Connor took umbrage with Exhibit A. She read the Exhibit to mean the day and time of the posted signs. She would like to have an exhibit that states when the "No Parking" is in effect because she did not believe the Council was authorizing the City's Engineer to change the dates and times of street sweeping except in the designated new areas. CA/Jenkins said that Exhibit A does both. Staff sees Exhibit A as a comprehensive list of locations. C/O'Connor is correct that it also happens to list, for each zone, the days and times. PWD/Lui reports that Council has a schedule it adopted that contains the same information - date and time for each zone. The goal was to eliminate the comprehensive list of locations so as to give staff the authority and flexibility to determine appropriate locations without having an inflexible list. It is not staffs intention to eliminate the days and times. C/O'Connor asked Council Members to consider disallowing street sweeping in the area of local schools prior to 7:00 a.m. M/Herrera asked how street sweeping would get done around the remaining schools if it were not started before 7:00 a.m. PWD/Lui responded that the current street sweeping of some of the schools before 7:00 a.m. was an arrangement with the street sweeping contractor and school administrators. The contractor felt that a more thorough job could be done if the streets were swept in the early morning hours. Once again, when staff meets with residents and school officials, this concern would be voiced to see if it is an option. One of the reasons those areas would be swept before 7:00 a.m. was because the surrounding areas were being swept during APRIL 15, 2003 PAGE 12 CITY COUNCIL morning hours rather than in the afternoon. Staff is attempting to make the process as efficient as possible with respect to the street sweeping route. MPT/Huff was still concerned about street sweeping before 7:00 a.m. He believed it negatively impacted adjacent residents. M/Herrera asked if it was possible for staff to meet with residents and assess their reactions once they know that street sweeping is scheduled to take place at 6:30 a.m. and let Council know the results before implementation? PWD/Lui responded "absolutely." Staff wants to make certain that the ultimate recommendation is balanced. C/O'Connor moved, MPT/Huff seconded, to direct staff to talk with area residents and schools that would be affected by sweeping before 7:00 a.m. and provide a report of the results to Council prior to implementation. C/Chang suggested that staff include alternatives. C/O'Connor suggested that one alternative was to implement manual street sweeping around schools that could be done at any time. MPT/Huff was concerned about how this message would be taken to the community. He would not like staff to present a mandate that the City would be street sweeping before 7:00 a.m. He asked for staffs delicate handling of the matter. 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 Moved by C/Zirbes, seconded by C/O'Connor to eliminate Recital No. 6 and adopt Resolution No. 2003-16 amending Resolution No. 2002- 20. C/O'Connor rescinded her second. M/Herrera seconded the motion. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Chang, Zirbes, MPT/Huff, M/Herrera NOES: COUNCIL MEMBERS - O'Connor APRIL 15, 2003 PAGE 13 ABSENT: COUNCIL MEMBERS - None CITY COUNCIL RECESS TO REDEVELOPMENT AGENCY ANNUAL MEETING and PUBLIC FINANCING AUTHORITY ANNUAL MEETING: M/Herrera recessed the Regular City Council Meeting to the Redevelopment Agency Annual Meeting at 8:50 p.m. RECONVENE CITY COUNCIL MEETING: M/Herrera reconvened the Regular City Council Meeting at 8:59 p.m. 9. COUNCIL SUB-COMMITTEE REPORTS/ COUNCIL MEMBER COMMENTS: C/Chang congratulated Lorbeer Middle School on their wonderful event "Evening of the Stars." For several years, the school has presented this event that has been very successful and enjoyed a large participation of students and parents. The event offers a great opportunity for students to practice and learn a wonderful process toward their growth. He believed that because of this type of event, students are educated as whole persons. He complimented D.B.H.S. on their budget item of $7,000,000 to create 22 new classrooms on the corner of Pathfinder and Evergreen Springs. With this new project, the school is able to accommodate more students without going into portable classrooms that are not comfortable and well equipped for students to learn. Students and teachers are very excited. So too, is the principal, Mr. Paul. He also congratulated the Diamond Ranch High School on receiving an award from the state. D.B. has great schools and it helps make our City a very livable and great City in which to raise a family. All of the framing and most of the steel beams are up and the concrete was poured for the Community/Senior Center. The project may be delayed for a couple of months. However, construction is progressing. He assured everyone that it would be a wonderful, wonderful Community Center. Staff is working on policies and codes for operation and rental of space in the center. C/Zirbes congratulated Region XXXI on a very successful AYSO tournament. With an average of 15 players on each team, over 2500 players participated in the lovely City of D.B. With the participation of referees, coaches and families, more than 10,000 people ascended on D.B. to stay in the City's hotels and eat at its restaurants, a good boost to the local economy and to Region XXXI. He participated in the tournament at Schabarum Park 12 hours each day Saturday and Sunday. According to those who participated and witnessed the event, they were very favorably impressed with the City of D.B. and the tournament. He congratulated Tiffany Rush on her selection as Miss Diamond Bar. He and fellow Council Members attended the D.B.H.S. open house and ribbon-cutting ceremonies for the very impressive 22 classrooms recently added to the campus. Congratulations to D.B.H.S. and Mr. Paul for a fine job. He continues to work on a variety of committees such as the Neighborhood Improvement Committee and its protocol and enforcement procedures. Negotiations continue to attract a market to the south end of D.B. Hopefully, the economy will turn around and businesses will again be attracted to locate in our City. C/O'Connor was a referee at Evergreen Elementary School during the AYSO APRIL 15, 2003 PAGE 14 CITY COUNCIL tournament. Her daughter's team made it to the semi-finals playing against Lancaster. Lancaster won the tournament. It was very exciting that her daughter scored a goal. She asked Council to recognize the tournament committee and AYSO board members for their hard work. As C/Zirbes said, 10,000 additional people in the City as a result of the tournament helped to stimulate the economy and it would be a nice gesture on Council's part to honor the organization. The matter of slope repair in Sycamore Canyon has been an ongoing issue for many years and she would like to have a time commitment as to when the repair would be done and the tarps removed from the hillside. CSD/Rose explained that if the item is included in next year's fiscal budget for construction, mitigation could commence in July 2003. C/O'Connor hoped Council would include the item in the 03/04 budget. The City is very concerned about neighborhood beautification and the Sycamore Canyon slopes have been covered by tarps for years. She reported that Lorbeer Middle School is seeking pictures of former students who are currently serving in the military. She and C/Zirbes attended ribbon-cutting ceremonies for Curves, a new exercise program for women. She encouraged residents to check out the facility. The Chamber of Commerce held its mixer at Shear Artistry. The facility has been expanded and updated. She encouraged residents to visit that business as well. The health and safety of D.B. residents is a City priority. Codes and Ordinances are formulated with that in mind. Staff and Council realized that there has to be discretion and common sense applied. Deputies could decide to give warning citations instead of issuing tickets. Discretion and sensitivity has been applied to the violation of our City codes in relationship to the yellow ribbons that have been placed on the City's trees throughout town. Private organizations and citizens have placed these ribbons without the approval of the City. So, what is the City to do? We have shown our support for the military by having the City post the American flags throughout the City. Private citizens have shown their support by rallying on the street corners or by flying flags at the homes and on their cars, or by tying yellow ribbons on their car antennas. That is a freedom that citizens can enjoy on their own property. How do we handle the use of public property? She expressed concern about the possible precedent that cities establish by allowing the yellow ribbons to remain. Several weeks ago a service organization approached the City about placing yellow ribbons on City trees and they were told no. Later, someone placed the ribbons on the City's trees without approval and against the City's ordinances. So, are we sending a message to the organization that asked permission to not bother asking next time. She asked staff and the City Attorney if Pandora's Box had been opened. What is to prevent schools, for example, from putting their school colors on trees, or red ribbons for Red Ribbon week or pink ribbons for Breast Cancer Month. She asked the City Attorney what the consequences were for allowing the yellow ribbons to remain on the City's trees? CA/Jenkins did not disagree with C/O'Connor that inconsistent enforcement creates potential for future problems. APRIL 15, 2003 PAGE 15 CITY COUNCIL C/O'Connor witnessed a D.B. resident placing yellow ribbons on the City's medians. She thought it was a very dangerous situation for her to be in with vehicles zipping by in both directions. Not only was it dangerous for her, it was dangerous for the drivers who turned to view the situation. She admitted she got a touched and warm feeling when she drove down Grand Ave. and first saw all of those yellow ribbons. However, as a City Council Member, we must consider the ramifications of allowing residents to continue ignoring City codes and ordinances. She was aware that her fellow Council Members had no interest in discussing this matter but she felt a discussion should ensue. She felt, however, that by allowing this type of behavior the City could potentially suffer problems in the future. CA/Jenkins explained to M/Herrera that Council could not give direction other than to have the matter placed on a future agenda. However, staff has duly noted the concern and the matter could be left to the judgment of the City Manager and prioritization of enforcement of the City's codes. C/Chang did not feel the Council needed to discuss this matter. The code is in effect and each Council Member has the right to voice his/her opinion. C/O'Connor felt it was unnecessary to place the matter on the agenda for discussion when the code is already in place. MPT/Huff felt that Council should be mindful of the intent of the law versus the letter of the law. This City has enacted rules to keep it safe and orderly and to make sense out of what would otherwise be chaos. The populace does not like politicians that make nonsense decisions. There are times in our history and experience when we make exceptions for extraordinary times. And I believe that we are in one of those extraordinary times right now. There is a statement that it is easier to get forgiveness than it is to get permission. Certainly we see that in this situation, he felt it was particularly special for all the kids who came to D.B. for the AYSO tournament to see a City with yellow ribbons flying. It was a very spontaneous and patriotic gesture. It was also likely that more than one person participated in hanging the ribbons. He was happy that staff did not remove the ribbons in a timely manner. As events on the other side of the world unfold, the matter will likely resolve itself. He observed the City to be bustling with AYSO participants and found it somewhat difficult to find eating accommodations on Sunday morning prior to attending church services. He thanked staff for their budget presentation. Extraordinary times call for tough decisions and he applauded staff for taking a hard look at their line items and making recommendations for budget cuts. M/Herrera thanked staff for their hard work on the budget. There will be a few study sessions to discuss next year's budget. She is fiscally conservative and likes to plan accordingly. If the money comes in later there can be a list of options that can be added. If the Council is cautious about building the budget, it does not mean that the City will eliminate services or programs. If the State is forthcoming with the funds, she would be the first to seek a return of items to the budget. It won't be an easy process for staff or Council. The City has ordinances and rules and regulations. Sometimes they are enforced religiously. Sometimes discretion is APRIL 15, 2003 PAGE 16 CITY COUNCIL exercised. She tends to be sympathetic to some issues. Even though the City has an ordinance prohibiting spontaneous memorials, we find them as an outpouring of grief. So there have been times in this City when memorials have been allowed - in some cases for many years. Yellow ribbons went up for the POW's. She is pleased that they were rescued and it is likely the yellow ribbons will come down in the near future. This is not a black and white world. There are many shades of gray. She does not want to be hard-nosed and enforce every rule and regulation to the letter and believes that flexibility should prevail under certain circumstances. 10. ADJOURNMENT: There being no further business to conduct, M/Herrera adjourned the meeting at 9:25 p.m. LYNDA BURGESS, CITY CLERK ATTEST: CAROL HERRERA, MAYOR Agenda No. 6.2 CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION HEARING BOARD ROOM OF S.C.A.Q.M.D./THE GOVERNMENT CENTER 21865 E. Copley Drive MARCH 27, 2003 CALL TO ORDER: Chairman Torres called the meeting to order at 7:02 p.m. in the SCAQMD/Government Center Building Auditorium, 21865 E. Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Vice Chair Hull led the Pledge of Allegiance. ROLL CALL: Present: Chairman Torres, Vice Chairman Hull, and Commissioners Grundy and Lui Commissioner Lyons arrived at 7:15 p.m. Staff: Bob Rose, Director of Community Services; Kim Crews, Senior Management Analyst; Ryan Wright, Recreation Supervisor; Ryan McLean, Recreation Coordinator; and Marisa Somenzi, Administrative Assistant. APPROVAL OF AGENDA: As Presented. PRESENTATION OF YOUTH BASKETBALL SPORTSMANSHIP AWARDS - presentation by RS/Wright MATTERS FROM THE AUDIENCE: CALENDAR OF EVENTS: As presented in the agenda. 1. REORGANIZATION OF THE PARKS AND RECREATION COMMISSION: Chair/Torres thanked his fellow Commissioners for their efforts during his term in office. He is very proud of the Commissioners and their long list of accomplishments. 1.1 Selection of Chair MARCH 27, 2003 PAGE 2 P&R COMMISSION Commissioner Grundy nominated Commissioner Jeff Hull to serve as Chairman of the Parks and Recreation Commission for the ensuing term. Commissioner Lyons seconded the nomination. There were no other nominations offered. Without objection, Commissioner Jeff Hull was unanimously elected to serve as Chairman of the Parks and Recreation Commission. 1.2 Selection of Vice -Chair Chair/Hull opened nominations for Vice -Chair. Commissioner Torres nominated Commissioner Dave Grundy to serve as Vice -Chair of the Parks and Recreation Commission. Commissioner Lyons seconded the nomination. There were no other nominations offered. Upon voice vote, Commissioner Grundy was unanimously elected to serve as Vice -Chairman of the Parks and Recreation Commission. Commissioner Torres left the meeting at 7:25 p.m. 2. CONSENT CALENDAR 2.1 Approval of February 27, 2003 regular meeting minutes. VC/Grundy moved, C/Lui seconded, to approve the minutes of the February 27, 2003 regular meeting as presented. Without objection, the motion was so ordered with C/Torres being absent. 3. INFORMATIONAL ITEMS 3.1 Recreation Program Report - by RS/Wright. C/Lyons asked if the City planned a 4th of July celebration this year. She received feedback from last year's attendants that there was too much talking during the event. SMA/Crews responded that the group would not be returning this year. Instead, the City contracted with the Norm Majors Orchestra for the patriotic music and is still negotiating with two other bands for swing music. She said she would submit her report to the Commission next month. Chair/Hull asked whether the City accepts liability for the soccer equipment to which CSD/Rose responded affirmatively. 3.2 Diamond Bar Community Foundation. Chair/Hull reported that the Foundation would conduct a second street sign sale on Saturday, May 17 at 1:00 p.m. at Sycamore Canyon Park. 3.3 Rivers and Mountains Conservancy Grant Requests. MARCH 27, 2003 PAGE 3 P&R COMMISSION SMA/Crews stated that staff submitted two grant proposals to the Rivers and Mountains Conservancy, one for $125,000 for trail and trailhead development at Sycamore Canyon Park and one $850,000 for acquisition of 2.5 acres at Clear Creek Canyon. 3.4 14th Annual City Birthday Party Report - Committee Members Lui and Lyons reported. 3.5 Parks Report - Don Hensley (ValleyCrest Introductions/ Deficiencies) 3.6 C.I.P Program Report - by CSD/Rose a. Community/Senior Center b. Sycamore Canyon Park ADA Retrofit c. Starshine Park ADA Retrofit d. Pantera Park Picnic Shelters e. Trail Development at Sycamore Canyon Park VC/Grundy asked if the trail was intended to be just a walking trail or is it multi-purpose? CSD/Rose responded that the City's Trails Master Plan identifies the trail as a walking and bicycle trail, not equestrian. The composition will be decomposed granite. 4. OLD BUSINESS: 4.1 Proposed Agenda for Joint Meeting with the City Council - Power Point Presentation by SMA/Crews. SMA/Crews explained that staff used the same slides previously presented to the Commission during its study session and converted them to a power point presentation. She indicated that the Commission might want to consider making changes to the budget impacts slide. C/Lyons liked the first slide. She felt that there should be more emphasis on the fact that this is the last large piece of land available for acquisition. SMA/Crews recommended that the Commissioners make that point to the Council during their verbal presentation and discussion. Chair/Hull felt the slide was okay as presented and that the verbal presentation could include salient points. CSD/Rose responded to VC/Grundy that the only other project he is aware of is that a Council Member expressed interest in a BMX facility. Council may also want to discuss park maintenance issues. MARCH 27, 2003 PAGE 4 P&R COMMISSION VC/Grundy asked how TruGreen has responded to staffs punch list. PMS/Hensley explained that TruGreen has started on the punch list. He has a meeting with them on Monday to discuss the list. At the end of the 30 days staff will again review the list with TruGreen. There were some concerns about some irrigation matters. Staff hopes that TruGreen complies. If not, another contractor will complete the work at TruGreen's expense. CSD/Rose stated that staff received a letter from TruGreen stating they intend to comply with all of the items on the list. C/Lui asked for an explanation of Proposition 12 and 40 - CSD/Rose complied. C/Lyons felt that a brief explanation of each Phase of the Sycamore Canyon Park Retrofit would be helpful. CSD/Rose opined that the Commission might want to add a slide to indicate bullet point items regarding each of the three phases for the Sycamore Canyon Park ADA Retrofit, for instance. Chair/Hull did not want to lose Council's attention or go beyond the allotted time by including too much information. One hour goes very quickly. Chair/Hull asked that staff handle the overall presentation with input from the Commissioners. Chair/Hull said he would speak on Site D and C/Lyons agreed to speak on the Sycamore Canyon Park ADA Retrofit. VC/Grundy felt the Commission should provide Council with a definitive agenda. In terms of running through the agenda, it would be best for Chair/Hull to drive home the items that the Commissioners feel strongly about. As the agenda gets into areas of special interest the Chair could hand it off to individual Commissioners and then resume control of the discussion. CSD/Rose felt that staff should meet with Mayor Herrera and then hold further discussions with the Commissioners. 5. NEW BUSINESS: 5.1 FY 2003/04 Budget Considerations and Priorities - presentation by CSD/Rose. C/Lyons said that during today's walkthrough at Maple Hill she observed that one play structure needed to be replaced and should be added to the list. Regarding the "movies under the stars" project, an individual who is knowledgeable about this subject indicated that the project could be done with a 16mm projector and film making it a much less expensive venture. She said that in light of current agreements with the school district she could not support an expenditure of $600,000 for artificial turf. MARCH 27, 2003 PAGE 5 P&R COMMISSION VC/Grundy felt that the Commission needed to remain focused on providing events and programs for teens. 6. ANNOUNCEMENTS: C/Lui said that he appreciated attending the seminar in San Jose and wished he could have participated in more discussions. He felt fortunate to be able to work with staff during the event. If he were able to attend next year's session he would plan to attend more activities. C/Lyons reported on her walkthrough of Sycamore Canyon Park. She thanked SMA/Crews for the new form to use during walkthroughs and found it to be very helpful. She referred to a newspaper article on the Larkstone property. Comments will be received at the District's office on Tuesday, April 1 at 7:00 p.m. VC/Grundy reiterated that he would not be present for the April 24 Commission meeting and joint study session with the City Council. He wished everyone well. He will, however, be able to attend the City Birthday party. He enjoyed the conference in San Jose. It was a good and educational experience. He felt Diamond Bar should be a presenter at the conference due to staff's professionalism. During the conference he walked some of the parks in San Jose. He commented that the river walk was interesting and felt that Sycamore Canyon Park could be considered for such a venture. He picked up information about climbing walls and sports rocks that he will share with C/Lyons after tonight's meeting. Chair/Hull welcomed VC/Grundy to his new position. He thanked outgoing Chairman Torres for his service to the Commission and the City. He attended the CPRS Convention in San Jose and appreciated networking with other commissioners. During one session he spoke with the community services director from Fontana about their skate park. Fontana has 60,000 square feet for their skate park - we have 10,000 square feet. The director from Fontana expressed concern that their skate park participants also refused to wear safety gear. The exhibits were great. He and VC/Grundy spent time with the Sports Rock representative discussing the climbing wall. Chair/Hull hoped to have information to present to the Council during the joint study session. He found some of the CPRS workshops to be interesting and some uninformative. He agreed with VC/Grundy that there was a general lack of professionalism. CSD/Rose responded to Chair/Hull that just yesterday staff attended its first planning meeting for the 2004 CPRS Conference. Staff will be participating in the opening session at next year's CPRS Conference in Anaheim. MARCH 27, 2003 PAGE 6 P&R COMMISSION ADJOURNMENT: Upon motion by C/Lyons, seconded by C/Lui and there being no further business to come before the Commission, Chairman Hull adjourned the meeting at 8:41 p.m. Respectfully Submitted, /s/ Bob Rose Bob Rose, Secretary Attest: Ls! Jeff Hull Chairman Jeff Hull Agenda # 6.4 Meeting Date: May 6, 2003 CITY COUNCIL W AGENDA REPORT TO: Honorable Mayor and Members oo the City Council VIA: Linda C. Lowry, City Manag TITLE: Treasurer's Statement - March 31. 203 RECOMMENDATION: Approve the March 2003, Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. This statement shows the cash balances for the various funds, with a breakdown of bank account balances, investment account balances and the effective yield earned from investments. PREPARED BY: Susan Full, Accountant II Depa nt Head Deputy Qanaer Attachments: Treasurer's Statement CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT March 31, 2003 TRANSFERS ENDING BEGINNING DISBURSEMENTS IN (OUT) BALANCE BALANCE RECEIPTS GENERAL FUND $22,130,322.73 $517,482.95 $1,265,000.03 ($47,296.60) $21,335,509.05 LIBRARY SERVICES FUND 82,383.52 602.00 81,781.52 COMMUNITY ORG SUPPORT FD (9,904.00) 600.00 (10,504.00) GAS TAX FUND (167,444.61) 85,205.58 (180,264.19) (262,503.22) TRANSIT TX (PROP A) FD 1, 317, 349.28 103, 218.38 137,069.35 1,283,498.31 TRANSIT TX (PROP C) FD 1,473,851.57 62,448.77 (358,923.83) 1,177,376.51 ISTEA Fund 574,605.35 574,605.35 INTEGRATED WASTE MGT FD 526,997.24 3.00 9,199.70 517, 800.54 AB2928-TR CONGESTION RELIEF FD 222,088.52 (13,301.46) 208,787.06 AIR QUALITY IMPRVMNT FD 218,570.43 15,711.45 35,672.89 198,608.99 PARK & FACILITIES DEVEL.FD 1,815,414.80 623,209.09 2,438,623.89 COM DEV BLOCK GRANT FD (23,985.03) 4,665.00 10,930.01 (296,757.73) (327,007.77) CITIZENS OPT -PUBLIC SAFETY FD 311, 726.79 27,263.85 284,462.94 NARCOTICS ASSET SEIZURE FD 305,878.12 305, 878.12 CA LAW ENFORCEMENT EQUIP PRGr' 83, 884.38 83, 884.38 LANDSCAPE DIST #38 FD 490,183.81 10,424.13 (450.00) 479,309.68 LANDSCAPE DIST #39 FD 249,114.64 9,470.96 239,643.68 LANDSCAPE DIST #41 FD 401,603.84 4,759.43 (17,666.95) 379,177.46 GRAND AV CONST FUND 131,900.28 (3,698.50) 128,201.78 CAP IMPROVEMENT PRJ FD (1,835,673.76) 683,618.65 1,496,302.19 (1,022,990.22) SELF INSURANCE FUND 1,147, 279.46 1,584.00 1,145,695.46 EQUIPMENT REPLACEMENT FUND 165,628.33 165,628.33 COMPUTER REPLACEMENT FUND (3,071.84) (3,071.84) PUBLIC FINANCING AUTHORITY FUND 10,652,906.41 8,345.59 44,681.43 (1,201,152.02) 9,415,418.55 TOTALS $40,261,610.26 $797,080.72 $2,240,876.43 $0.00 $38,817,814.55 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT ($912,141.67) PAYROLL ACCOUNT 10,236.40 CHANGE FUND 250.00 PETTY CASH ACCOUNT 500.00 TOTAL DEMAND DEPOSITS ($901,155.27) INVESTMENTS: US TREASURY Money Market Acct. $573,619.90 LOCAL AGENCY INVESTMENT FD 28,528,779.35 29,102,399.25 US TREASURY Money Market Account $655,767.48 CASH WITH FISCAL AGENT: LOCAL AGENCY INVESTMENT FD 9,960,803.09 (Bond Proceeds Account) 10,616,570.57 TOTAL CASH $38,817,814.55 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. There are two LAIF accounts set The regular account's funds are available for withdrawal within 24 hours. The LAIF Bond Proceeds account's withdrawals re( 30 days notice. As a secondary investment option, the City maintains the US Treasury Sweep Accounts with Wells Fargo and the City's Fiscal Agent, Union Bank of California. Any excess funds are "swept" on a daily basis from the City's bank accounts and are invesl overnight in a pool of US Treasury Notes. Interest is credited to the City's bank accounts on a monthly basis L.A.I.F - Effective Yield - March 2003 1.904% Wells Fargo Money Mkt -Effective Yield - March. 2003 0.650% Union Bank Money Mkt - Effective Yield - March. 2003 1.150% All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expenditures. Linda C. Lowry, Treasurer Agenda # 6.5.1 Meeting Date: May 6, 2003 DIAIIOND BAR CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA Li d C L Cit M owry, y anagel/5y„ 6 TITLE: Exoneration of Cash Deposit in Lieu of Grading Bond in the amount of $1,477.00 for Lot No. 51 of Tract No. 30289 (2676 Steeplechase Lane, The Country). RECOMMENDATION: It is recommended that the City Council approve the exoneration of the Cash Deposit in Lieu of Grading Bond in the amount of $1,477.00 and direct the City Clerk to notify the owner, Samuel Hwang, of this action. FISCAL IMPACT: This action has no fiscal impact on the City. BACKGROUND/DISCUSSION: The Department of Community and Development Services is in receipt of a request for grading bond exoneration for Lot No. 51 of Tract No. 30289 (2676 Steeplechase Lane, The Country). A grading bond for improvement security was required in accordance with the Subdivision Map Act. The owner, Samuel Hwang, posted with the City a cash deposit in lieu of grading bond on August 8, 2000. The Public Works Division has confirmed all grading work is completed and in conformance to the grading plan. PREPARED BY: John L. Ilasin, Assistant Engineer REVIEWED BY: Did Liu Director of Public Works JMes DeStefan Deputy City Manajer Date Prepared: April 30, 2003 Attachment: Letter of Request, dated March 24, 2003 03/24/03 City of Diamond Bar c/o David G Liu, P.E. 21825 E. Copley Dr. Diamond Bar, CA 91765 Dear Mr. Liu. This letter is to request the bond release for my house located at 2676 Steeplechase Lane, Diamond Bar, CA 91765, for the amount of $1,477.00, which was deposited to City of Diamond Bar on August 31, 2000. Should you have any questions please contact me at 909-265-8888. Your assistance in this matter is highly appreciated. Sincerely, Samuel Hwang Property Owner Agenda # 6.5.2 Meeting Date: May 6, 2003 CITY COUNCIL ."k—..% AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Managemx TITLE: Exoneration of Grading Surety Bond (Faithful Performance- Bond No. 103172911693) in the amount of $1,650.00 for ARCO Facility #5914 at 3302 S. Diamond Bar Boulevard. RECOMMENDATION: It is recommended that the City Council approve the exoneration of the Grading Surety Bond (Faithful Performance- Bond No. 103172911693) in the amount of $1,650.00 for ARCO Facility #5914 at 3302 S. Diamond Bar Boulevard and direct the City Clerk to notify Near North Insurance Brokerage, Inc. of this action. FISCAL IMPACT: This action has no Oscal impact on the City. BACKGROUND/DISCUSSION: The Department of Community and Development Services is in receipt of a request for grading bond exoneration for ARCO Facility #5914 at 3302 S. Diamond Bar Boulevard. A grading bond for improvement security was required in accordance with the Subdivision Map Act. The owner, ARCO Products Company, posted with the City a grading surety bond on February 3, 1993. According to City records, the City contract inspector, Ron Kranzer & Associates, at that time confirmed all grading work was completed and in conformance to the grading plan. PREPARED BY: John L. Ilasin, Assistant Engineer REVIEWED BY: D d .Liu Ja es DeStef no Director of Public Works Deputy City Mana ger Date Prepared: April 30, 2003 Attachments: Letter of Request, dated March 4, 2003 Grading Surety Bond (Faithful Performance- Bond No. 103172911693) r NEAR NORTH INSURANCE BROKERAGE, INC. A MEMBER OF THE NEAR NORTH NATIONAL GROUP 875 N. MICHIGAN AVENUE CHICAGO ILLINOIS 60611 March 4, 2003 City of Diamond Bar City Clerk's Office 21660 E. Copley Drive, Ste. 100 Diamond Bar, CA 91765 312/280.5600 FAx 312/280-7399 Re: BP West Coast Products LLC Performance Bond - Grading Bond for ARCO Facility #5914 at 3302 So. Diamond:8ar Boulevard, Diamond Bar, CA Bond Number: 103172911693 (prior bond number U80037710) To Whom It May Concern: Near North Insurance Brokerage is the surety agent for BP West Coast Products LLC. We are attempting to exonerate old liability for completed work on performance bonds. The referenced bond is in the amount of $1,650.00, and is for "Grading Bond for ARCO Facility #5914 at 3302 So. Diamond Bar Boulevard, Diamond Bar, CA". I have attached a copy of the original bond that was executed with the city. Please reply back regarding whether this bond is still required or if it can be released. If the bond can be released, please forward documentation for our files. Thank you for your assistance. Sincerely, NEAR NORTH INSURANCE BROKERAGE, INC. Jeffrey S. Ciecko Account Associate Direct Phone: (312) 280-7229 m Email: iciecko@nnng.co CHICAGO DALLAS HOUSTON LONDON Los ANGELES NEW YORK TAMPA WASHINGTON DC 1U i— BOND NO. 0-8003771 PREMIUM: $100.00/2 yre C-ITY•OFDIAM0NDBAR GRADING BOND 1 FAITHFUL PERFORMANCE) Project: . ATLANTIC RICHFIELD COMPANY, A DELAWARE KNOW ALL MEN BY THESE PRESENTS: That CORPORATION as, and UNI P C IC INSURANCE hereinafter referred to collectively as, "Principle", and C Al a corporation organized and existing under the laws of the State of W TON and duly authorized to transact surety business in the State of California as, an ereinafter referred to as, "Surety", are held and firmly bound unto the City of Diamond Bar, hereinafter referred to as the "City", in the sum of $1,650.00***** Dollars for Faithful Performance and xxxxxx Dollars for Labor and Materials, for the payment of which Princip a and Surety bind themselves, their heirs, administrators, successors and assigns, jointly and severally as follows: THE CONDITION OF THE ABOVE OBLIGATION IS THAT: WHEREAS, Principal is the owner of a parcel of land in the City, which it is seeking to perform grading operations and has filed -with the City a grading plan and grading permit application for such parcel of land described as: 3302 SO. DIAMOND BAR BOULEVARD, DIAMOND BAR, CA 91765. ARCO FACILITY #5914.: and WHEREAS, as a condition precedent to the approval of said grading plan Principle is required to deliver to the City a bond, securing payment to the contractor, his subcontractors and to persons renting equipment or furnishing labor or materials to them for such improvements and in the faithful performance of Principle to complete such grading pursuant to the provisions of the City's Code; and WHEREAS, all of such grading is to be performed in accordance with the grading plans approved by the City Engineer for such parcel; and WHEREAS, Principle shall perform any changes or alterations in the grading required by the City to conform to approved plans for above said grading; and WHEREAS, Principle shall complete the grading operations within days from the date of commencement; and WHEREAS, the completion of such grading shall be at the sole cost and expense of Principle. NOW, THEREFORE, if Principle shall faithfully perform and shall pay the contractor, his subcontractors and all persons renting equipment or furnishing labor or materials to them for the full cost of all work as shown on the grading plan in accordance with the conditions of approval of said plan and permit, then this obligation shall be null and void. PROVIDED, HOWEVER, if Principle shall not pay the contractor, his subcontractor and all persons renting equipment or furnishing labor or materials to them for the full coat of said approved grading, then this obligation shall remain in full force and effect and such contractor, subcontractor, City and persons shall have a direct right of action against the Principle and Surety under this obligation, subject to the priority of the City. PROVIDED, HOWEVER, If Principle shall not faithfully perform all work as shown on the approved grading plan then this obligation shall remain in full force and effect. PROVIDED FURTHER, HOWEVER, that Surety hereby stipulates and agrees that no change, extension of time, alteration of modification of the contract documents or of the work to be performed thereunder shall in any way effect its obligation on this bond and it does hereby waive notice of any such change, extension of time, alteration or codification of the contract documents or of work to be performed thereunder, and PROVIDED, FURTHER, that in case suit is brought upon this bond by the City or any other person who may bring an action on this bond, a reasonable attorney's fee, to be fixed by the Court, shall be paid by Principal or Surety. IN WITNESS WHEREOF, Principle and Surety have caused these presents to be duly signed and sealed this 3RD day of FEBRUARY , 19 93 (Sea ) (Seat) PRINCIPLE ATLANTIC RICHFIELD COMPANY By Y. NAKAHDRA By AiTOBHEY-IN-FACT By 17315 STBDEBAEmt ROAD GLENDALE, CA 91203 ADDRESS CERRITOS. CA 90701-1488' INSTRUCTIONS ADDRESS 1. The above bond must be executed by both the Principle and the surety. 2. If the Principle is a corporation, the bond must be executed in the corporate name and signed by the President or a vice -President and the Secretary or Assistant Secretary, and the corporate seal affixed. If the Principle is at partnership, it must be signed by all partners. If the Principle is an individual doing business under a fictitious name, it must be signed by all persons having an interest in the business, and the fictitious name must be signed also. The bond must be notarized by both the Principal and the Surety. 3. The bond, after approval, must be filed with the City Clerk of the City of Diamond Ba r. AGENDA ITEM 6.6 THIS MATTER HAS BEEN REMOVED FROM THE AGENDA 1 Agenda # 6.6 Meeting Date: May 6, 2003 CITY COUNCIL AGENDA REPORT TO: VIA: Honorable Mayor and Members 0 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. Prepared by: Deputy City Manager Agenda # 6.7 Meeting Date: 05/06/03 CITY COUNCIL \ AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manag TITLE: AWARD OF CONTRACT TO PDG & ASSOCIATES FOR CONSULTATING SERVICES TO COMPLETE THE YOUTH MASTER PLAN IN THE AMOUNT OF $82,000 AND AUTHORIZE A CONTENGENCY AMOUNT OF $5,000 FOR A TOTAL AUTHORIZATION OF $87,000. RECOMMENDATION: Award the contract and authorize the allocation of contingency funds. FINANCIAL IMPACT: The City Council appropriated $87,000 in the 2002/2003 Fiscal Year Budget at the mid -year budget review on April 15, 2003 for the completion of the Youth Master Plan. The contract with PDG & Associates to provide the consulting services, the surveys, and the final product is in the amount of $82,000. The authorization of $5,000 for contingencies and photocopies is also being requested. Cost breakdown: Consulting services, meeting facilitation, public workshop facilitation, final product $45,000. Resident Household Telephone Survey and results tabulation $33,000. Search Institute Profile of Student Life: Attitudes and Behaviors and results tabulation $ 4,000. Youth Master Plan report photocopies and contingencies 5,000. Total $87,000. BACKGROUND: A Request for Proposals (RFP) soliciting bids from qualified consulting firms was released in October 2002. Three firms responded to the RFP; PDG & Associates, Purkiss Rose -RSI, and Forethought- Thinking for Success. As a component of the selection process, PDG & Associates and Purkiss Rose -RSI; both Southern California based firms, were interviewed by staff to ascertain their qualifications, suitability to the project, reliability and validity of research methods, successful completion of similar projects, and costs for services. Forethought- Thinking for Success, a firm based in Philadelphia, PA was not interviewed by staff, as their response included significant costs dedicated to compensation for travel and lodging expenses and fewer costs dedicated to direct hours of service. After conducting interviews and reference checks of the two Southern California based firms, staff determined PDG & Associates to be the more qualified firm for this project. DISCUSSION: PDG & Associates will guide the Youth Master Plan process to identify and document youth needs based upon reliable and valid data from youth and community input; and will prioritize recommendations for action to make Diamond Bar a more responsive community to youth and their families. The result will be a dynamic, useable document that will guide the delivery of services and programs that support the healthy development of Diamond Bar's youth. The Youth Master Plan document may be utilized for grant fund procurement based upon the statistical data collected and description of trends and issues affecting young people. The Youth Master Plan will also facilitate meeting the teen program and teen advisory committee goals of the adopted Parks Master Plan and the City Council Goals and Objectives. Program and services benchmarking and outcome measurements that will be described in the Youth Master Plan process must be based upon statistically reliable initial data in order to be useful. The statistical data will be collected using two primary surveys. The first questionnaire, designed by Research Network, Ltd. with input from community stakeholders, will randomly telephone survey 450 Diamond Bar households (those with and without youth residing in the home) regarding youth program and service usage, community needs, "youth asset" inventory, and "grading grown ups"' in their commitment to and performance in providing support for enriching youth assets. The second questionnaire, the Search Institute Profile of Student Life: Attitudes and Behaviors is a comprehensive survey (156 questions) that measures a variety of attitudes and behaviors among youth in the community. The survey will be randomly distributed to 1,000 youth (grades 6-12) and is intended to look at positive experiences and the 40 Developmental Assets' among youth, along with risk taking behaviors. The survey attempts to measure internal assets (positive values, social competencies, school success, etc.), external assets (networks of support, constructive use of time, community support, etc.), deficits (violence, poverty, abuse, etc.), pro -social behaviors (helping others, valuing diversity, leadership, etc.), and risk-taking behaviors (use of alcohol, drugs, etc.). In addition to collecting the pertinent data, a Youth Master Plan Steering Committee will be formed to create the process for the development and implementation of the plan. This committee of community stakeholders; youth, parents, policy makers, educators, and service providers would be charged with the responsibility to identify and inventory needs and existing services in the community, obtain community and youth input, and develop the goals and objectives which would then provide the framework of community programs which addresses the healthy, vibrant development of Diamond Bar youth. The plan will also identify the various service providers best positioned to provide the recommended programs. 1 The terms "youth asset", "grading grown ups", and "40 Developmental Assets" are concepts defined as part of the Healthy Communities, Healthy Youth program through the Search Institute, an independent, nonprofit, nonsectarian organization whose mission is to advance the well-being of adolescents and children by generating knowledge and promoting its application. ATTACHMENTS: 1) Youth Master Plan Consulting Services Request for Proposals 2) Search Institute's 40 Developmental Assets 3) Consulting Services Agreement PREPARED BY: Kim Crews, Senior Management Analyst J es DeStef no Director of Community Services Deputy City Manager CONSULTING SERVICES AGREEMENT This Agreement is made and entered into this 6th day of May 2003, between the City of Diamond Bar, a Municipal Corporation (hereinafter referred to as "City") and PDG & Associates ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A". B. Consultant represents that it is fully qualified to perform such consulting 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. Consultant's Services A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A". Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "B". 2. Term of Agreement. This contract shall take effect May 6, 2003 and shall continue until completion of the project unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant 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 Consultant pursuant to this Agreement shall not exceed $82,000. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. 5. Addresses. City: City Manager, Linda C. Lowry Consultant: Sheryl Gonzales I City of Diamond Bar PDG & Associates 21825 East Copley Drive 36 Grant Street Diamond Bar, CA 91765-4177 Irvine, CA 92620 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain, as to City, a wholly independent contractor. Consultant 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 Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant 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. Consultant agrees to pay all required taxes in amounts paid to Consultant 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 Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant warrants and represents that it has no employees and is not required under the California Labor Code to carry worker's compensation insurance. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable workers' compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the profession under similar conditions. 8. Indemnification. Consultant 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, 2 errors or omissions of Consultant, 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 Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. A. Consultant 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 (1) a policy or policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance, with minimum combined single limits coverage of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of $500,000.00; and (4) workers' compensation insurance with a minimum limit of 5500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy(ies) as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. B. 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) days prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. C. All policies of insurance shall cover the obligations of Consultant 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 than A VII. 10. Confidentiality. Consultant, in the course of its duties, may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant 3 under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon its use or dissemination by City. 12. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any 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. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during the provision of services on a particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services. 14. Personnel. Consultant 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 Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 4 15. Non -Discrimination and Equal Employment Opportunity. A. Consultant 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 non-discrimination 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. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant 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. Consultant 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. 16. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 17. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein. 18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 19. 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 Consultant constitute or be construed as a waiver 5 4 by City of any breach of covenant, or any default which may then exist on the part of Consultant, 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. 20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal of 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. 21. 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, designated in writing pursuant to the provisions of this section. 22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 23. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement supercedes 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. 25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. 6 4 .4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first written above. "City" ATTEST: "Consultant" City of Diamond Bar PDG Y. sociates By: By: Lynda Burgess, City Clerk Carol Herrera, Mayor Approved as to Form: By: City Attorney 7 Agenda # 6-S Meeting Date: May 6, 2003 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C L Cit C M owry, y . anager, . TITLE: APPROVAL OF A LICENSE AGREEMENT WITH THE CITY OF INDUSTRY FOR GRAND AVENUE MEDIAN LANDSCAPE IMPROVEMENT RECOMMENDATION: Approve the License Agreement. BACKGROUND: A portion of the Grand Avenue median situated near Diamond Bar Honda is located within the City of Industry. The City of Diamond Bar is desirous of improving the appearance of this entry area into our City. We have developed landscape design plans and appropriated funds for this project within the Fiscal Year 2002-2003 Budget. Since a portion of this project area is located within the City of Industry we must enter into a License Agreement with Industry prior to the commencement of the construction phase of this project. The License Agreement has been prepared and recently approved by the City Council of the City of Industry. DISCUSSION: There is no obligation to complete the project nor cost associated with the approval of the License Agreement. The median project is estimated to require $96,000.00 ($57,600 - General Fund, $38,400.00 - LLAD 38) to construct. The City of Diamond Bar will be responsible for the complete cost of the median construction and all future maintenance of the project improvements. The approval of the License Agreement is requested at this time. However, the ongoing State budget crisis and pending 57/60 Freeway construction activity may effect project financing and timing for construction. Therefore, we anticipate a postponement of construction and reconsideration of the project as a component of the upcoming City Fiscal Year 2003-2004 budget discussion. ATTACHMENTS: 1) License Agreement 2) Grand Avenue Landscape Median Design Rendering PREPARED BY: Kim Crews, Senior Management Analyst REVIEWED BY: Bob Rose Jafnes DeSt fano Director of Community Services Deputy City tanager LICENSE AGREEMENT RECITALS A. City of Industry (hereinafter "Licensor") is the owner of a portion of a public right-of-way generally known as Grand Avenue, and in particular, the portion of Grand Avenue located within its territorial boundaries and immediately adjacent to the boundary with the City of Diamond Bar, described in Exhibit A attached hereto and incorporated herein by this reference thereto (hereinafter the "license area"). B. Although the license area is within the boundaries of the City of Industry, it appears part of the Diamond Bar right-of-way; hence, City of Diamond Bar (hereinafter "Licensee") seeks to improve and maintain the median in the license area in a manner consistent with that portion of the Grand Avenue median located in Diamond Bar in order to improve the overall aesthetics of the highway and to maintain a uniform streetscape appearance in the area. C. As an accommodation to Licensee, Licensor is willing to grant Licensee a revocable, nonexclusive license as proposed in a manner as to pose a minimal burden on the license area and to improve and maintain its appearance. LICENSE 1. License. A revocable, nonexclusive license is hereby granted to Licensee on the Industry-owned right-of-way as described in the sketch attached hereto as Exhibit A in accordance with and subject to the terms and conditions of this license, for installation and planting of the landscape and irrigation improvements described in Exhibit B attached hereto and incorporated herein by this reference, and for routine maintenance of said improvements. 2. Term. This license shall take effect on March 18, 2003, and shall remain in effect until and unless revoked by Licensor pursuant to Paragraph 3 herein or voluntarily relinquished or abandoned by Licensee. 3. Termination/Revocation. This is a revocable license and may be revoked by Licensor at any time, with or without cause, in Licensor's sole discretion, upon giving Licensee ninety (90) days' advance written notice of revocation. Licensee expressly acknowledges that Licensee has no permanent right to the continued use of the license area, nor does this License give rise to any such right, title or interest in the license area. In the event of revocation or abandonment by Licensee, the improvements planted and installed in the license area may be left in place and Licensee shall cease maintenance of the improvements. 4. License Fee. Consideration for this license shall consist of Licensee's improvement of the appearance of the license area, an improvement that benefits the public right- of-wav of both cities. No further consideration is contemplated or required by this license. 5. Assignment. This license shall not be assigned or transferred without the written consent of Licensor. Any such purported assignment or transfer shall be void and of no effect. 6. Indemnification. Licensee shall indemnify, defend and hold harmless Licensor, its officers, employees and agents from and against all claims, causes of action, liabilities and damages for injuries to persons and property, including costs of defense and reasonable attorney fees, arising from use of Licensor's property pursuant to this license by Licensee. Licensee shall promptly pay the amount of any judgment rendered against Licensor, its officers, employees and agents for any such indemnified claims, and reasonable costs and attorney fees incurred by Licensor in the defense of such claims. 7. Licensor's right of entry. Licensee acknowledges the Licensor's absolute right to enter upon, use, maintain, and alter the license area for any and all lawful public purposes. 8. Damage to City propert y. Licensee assumes responsibility for all damage to Licensor's property caused by its use of the license area and shall reimburse City for correction of any such damage. 9. Use of license area. Licensee's use of the license area shall be limited to construction and maintenance of landscape and irrigation improvements described in Exhibit B. IN WITNESS WHEREOF, the parties have executed this License Agreement on the date first written above. 2 CITY OF INDUSTRY (10-FN-S,OR) ATTEST: CITY CLERK G CITY OF DIAMOND BAR (LICENSEE) MAYOR ATTEST: CITY CLERK Signature(s) must be acknowledged before a Notary Public: STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES On before me, the undersigned, a Notary Public in and for said State, personally appeared known to me to be the person whose name was/were subscribed to the within instrument and acknowledged that executed the same. Witness my hand and official seal. Signature 3 SUALL, FLOWERING ACCENT TREES TYPICAL MEDIAN LAYOUT WEONN HEIGHT EVERGREEN O.E.I. FLTREES RERNEY TURF ELEVATION VIEW'B-B' SCALE: 116'-1'C SCHEME 1 GRAND AVENUE LANDSCAPE MEDIAN LOW, FLOWERNNG PEAII080S COOUHOCOVER THE FOLLOWING LIST SHALL PROVIDE SELECTIONS FOR THE SYNHOLS SHOWN AOOVE_I LOW, FLOWERING PERENNIALS / GROUNOCUVER DAVID EVANS .e ASSCCIATES_ FDO .w. —w.. w OPrWOrW. CRO—a —+— ai50 m Agenda # ti _ A Meeting Date: May 6, 2003 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: ACCEPTANCE AND APPROPRIATION OF 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. Recommendation: Accept the $1,500 donation and appropriate into the General Fund. Financial Impact: $1,500 would be donated by the Diamond Bar Community Foundation to support the operation of the concert. Additional costs to the General Fund would be minimal. Prop A funds, provided by the City, would cover the cover the cost of the shuttle service for the event. All other costs would be covered by the $1,500 donation. All advertising for this additional concert would be included with the series, promotional material, with no additional cost incurred to the City. All advertising for this concert would include the name of the Foundation as the sponsor. Background: During City Council's review of the 2002/03 FY budget, funds from three community concerts were reallocated to other community special events. Currently, there are seven community concerts planned for this summer at Sycamore Canyon Park (including 4th of July). The concerts are planned for Wednesday evenings from 6:30p.m. to 8:OOp.m. for six consecutive weeks. The 4th of July was planned as the beginning of the concert series, with the second concert planned for the following Wednesday. On April 22, 2003, the City received a letter from the Diamond Bar Community Foundation offering a donation of $1500 to provide for an additional concert during the summer Concert in the Park series. The Foundation wants to have the concert presented on Wednesday, June 25 and would like to have the "Foundation" name included as the sponsor of the concert in all advertising done for the concert series. The Foundation would also like for the City to provide Proposition A funds to pay for the shuttle service at this concert. According to City Policy and Procedure (C-1), the City Manager is authorized to accept gifts and donations which do not exceed $3,000 in value. This item is being presented to the City Council for consideration because funds necessary to conduct the concert need to be appropriated into the 2002/03 FY budget. Only the City Council can appropriate funds into the budget. Discussion: The specific public and charitable purposes for which the Diamond Bar Community Foundation is organized are to lessen the burdens of government, to promote and implementation of the Parks Master Plan of 1998 of the City of Diamond Bar and to support the cultural, recreational and human service needs of the City of Diamond Bar. With this purpose in mind, the Diamond Bar Community Foundation's Board of Directors unanimously approved the sponsorship of an additional concert to increase the number of community concerts to eight. The concert would take place on Wednesday, June 25th Prepared By: Sara West Recreation Supervisor Bob Rose Jines DeSIefano Community Services Director Deputy City Manager Attachments: Letter to Mayor Carol Herrera City Policy and Procedure/Acceptance of Gifts and Donations (C-1) DIAMOND BAR COMM UN FOUNDA P.O. Box 4697 Diamond Bar, CA 91765-0697 909-861-0090 Mayor Carol Herrera City of Diamond Bar 21825 E. Copley Drive Diamond Bar, CA 91765 April 19, 2003 Dear Mayor Herrera, . Iv Y G! .r c ao rt As you know, the mission of the Diamond Bar Community Foundation is to preserve, protect and enhance the quality of life for the City of Diamond Bar. In light of the fact that, due to budget constraints, the City Council has reduced the number of Concerts in the Park, the Foundation Board of Directors have unanimously approved enhancing this summer's Concert in the Park Program by sponsoring an additional Concert. The Foundation would like to sponsor a Concert for Wednesday, June 25, 2003. It is our understanding through Bob Rose, Community Services Director, that the cost of a Concert is $1,500. This would include the following costs: the Band, the Sound System, City and Sheriff Staff time. We would like to ask that if the City accepts this sponsorship of $1,500 that the City provides the Shuttle Service with the use of Proposition A funds. We would also ask that the City include the name of the Foundation as the sponsor for this Concert in all advertising done for the Concert series. A Board Subcommittee of Ernie Delgadillo, Faith Lee and Jody Roberto would like to work with the Community Services Department for the selection of the Band. We would like to include other non-profit organizations to provide the Food, Ice Cream, Popcorn and other items as is done with the other Concerts. This is an exciting time for the Foundation to be able to provide funds to the City to enhance the quality of life for our citizens. We hope that the City will join us in providing this additional Concert. If you have any questions please feel free to contact me. Sincerely, Deborah H. O'Connor Chairman, Diamond Bar Community Foundation cc. Linda Lowry, City Manager City Council Foundation Board of Directors POLICY AND PROCEDURE------------------------------------------------------------------- --- NO. C-1 CITY OF DIAMOND BAR POLICY AND PROCEDURE Number: C-1 Authority: City council minute Order Effective: January 21, 1997 Revised: 1. Purpose To implement procedures for acceptance of gifts and donations of money, materials, furniture, artwork, equipment and services from citizens, community organizations and others to the City of Diamond Bar for its use or use in its programs or facilities. 2. Provisions The City Manager is authorized to accept gifts and donations which do not exceed $3,000 in value in the aggregate, per donor. Gifts and donations exceeding the amount of $3,000 cannot be accepted unless approved by the City Council. Any individual, group or agency who desires to donate items of value to the City should submit a request in writing to the City Manager. The City Manager will review the request to determine whether the City has a need of the gifts and donations being offered. If a need exists, the City Manager will work with the appropriate City Department to decide the appropriateness of the offered gift and/or donation relative to the City's need and/or interest; and ascertain the location, installation, maintenance, operations, liability, valuation, insurance needs, sponsorship (where requested), donor financial and accounting procedures (when appropriate) and other relevant impacts which may be incurred. The City Manager may make the decision for acceptance of the gift/donation or make a recommendation to the City Council in accordance with the provisions of this policy. If a donor requests a plaque be affixed to the gift or donation, the request should be included in the gift/donation offer. The City Manager will review the request and determine whether the wording and size of the plaque are appropriate. All plaques are to be bronzed and are not to exceed forty (40) square inches. The offeree shall pay for the plaque. POLICY AND PROCEDURE ---------------------------- NO. C-1 Normal maintenance, repair or replacement of vandalized gifts/donations will be the responsibility of the City. If the gift/donation is damaged, the City Manager will have the authority, pursuant to existing relevant ordinances, policies and procedures to make a determination whether or not the damaged item should be repaired, replaced or removed. In the event the item is not replaced, the related item plaque will be displayed at the Community Center in an area designated for donation plaques. 3. Authority City of Diamond Bar Purchasing Ordinance and other relevant financial management policies and procedures. TO: Agenda # 6.10 Meeting Date: May 6, 2003 Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: RESOLUTION NO. 2003 -XX: A RESOWTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE DESTRUCTION BY THE CITY CLERK OF CITY RECORDS AND DOCUMENTS WHICH ARE NO LONGER REQUIRED AS PROVIDED UNDER GOVERNMENT CODE SECTION 34090 RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 2003 -XX approving the destruction of certain records which are no longer required as provided by Government Code Section 34090 and in accordance with the City's Records Retention Schedule adopted in 1991. FINANCIAL SUMMARY: No impact anticipated. BACKGROUND: In January 1991, the City Council approved a Municipal Functional Filing System to be used by all departments for the effective storage and disposition of the City's records. One of the components of the Municipal Functional Filing System is a Records Retention Schedule recommending destruction or retention of all City records in accordance with proper State and Federal statutes. Government Code Section 34090 provides that, "with the approval of the legislative body by resolution and the written consent of the city attorney the head of a city department may destroy any city record, document, instrument, book or paper, under his charge, without making a copy thereof, after the same is no longer required." Destruction of the materials referenced in Exhibit "A" attached to the proposed resolution is determined necessary in order to conserve storage space and reduce staff time, expense and confusion in handling information and informing the public. The City Attorney has reviewed the attached Request for Destruction of Public Records and has Honorable Mayor and Members of the City Council May 1, 2003 Page Two expressed his approval to submit the list and Resolution for adoption by the City Council. PREPARED BY: Lynda Burgess, City Clerk REVIEWED BY: Lynda Burgess, City Clerk David Doyleeputy City Manager Attachments: Resolution No. 2003 -XX Request for Destruction of Public Records Chart RESOLUTION NO. 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE DESTRUCTION OF CITY RECORDS AND DOCUMENTS WHICH ARE NO LONGER REQUIRED AS PROVIDED UNDER GOVERNMENT CODE SECTION 34090 WHEREAS, it has been determined that certain City records under the charge of the following City Department are no longer required for public or private purposes: CITY CLERK FINANCE WHEREAS, it has been determined that destruction of the above-mentioned materials is necessary to conserve storage space and reduce staff time, expense and confusion in handling, and informing the public; and WHEREAS, Section 34090 of the Government Code of the State of California authorizes the head of a City department to destroy any City records and documents which are over two years old under his or her charge, without making a copy thereof, after the same are no longer required, upon the approval of the City Council by resolution and the written consent of the City Attorney; and WHEREAS, it is therefore desirable to destroy said records as listed in Exhibit "A" attached hereto and made a part hereof, in storage, without making a copy thereof, which are over two years old; and Attorney. WHEREAS, said records have been approved for destruction by the City NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: SECTION 1. That approval and authorization is hereby given to destroy those records described as Exhibit "A" attached hereto and made a part hereof. SECTION 2. That the City Clerk shall certify to the adoption of this Resolution. PASSED, ADOPTED AND APPROVED this 6th 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, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the 6th day of May, 2003, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: City Clerk of the City of Diamond Bar CITY OF DIAMOND BAR Request for Destruction of Public Records DEPARTMENT/DIVISION REQUESTING DESTRUCTION: CITY CLERK DATE April 24, 2003 WE HEREBY REQUEST DESTRUCTION OF THE FOLLOWING RECORDS: Box No. Dest. Date Content/inclusive dates Retention Original/Copy 0120-40 - General Plan Advisory Committee Goals & Objectives - 1989-90 3 ears Originals 0120-40-05 - General Plan Advisory Box 1 Box 1 Box 6 Box 6 Page 1 Box 9 18A 18A 18A Page 2 18A Committee Administration - 1990-91 3 years Originals 0120-40-20 - General Plan Advisory Permanent - Committee Agendas - 1989 -91 Imaged 2001 0120-40-30 - General Plan Advisory Permanent - Committee Minutes - 1989- 91 Imaged 2001 0180-40 3 years after Originals Special Event Insurance - 1991-94 termination 0300-50 FUND TRANSFERS Prop A 1990- 1998 Prop C 4 years after audit Originals 360-00 PAYROLL Payroll Books 1/98 - 12/98 Payroll Checks 4/3/98 - 4/30/99 Payroll Checks 12/97 - 3/98 Payroll Books 1992, 1995, 1997 Payroll Folders 1/98 - 12/98 Computer Printouts - 1992 and 1995 calendar yea rs Computer Printouts - GJE 7/97 - 6/98 Computer Printouts - Voucher Registers 9/97 -8/98 Computer Printouts - RDA GJE - 4/96 - 5/96 0360-10 INDIVIDUAL PAYROLL FILES 1997 Payroll Files 1 /1 /97 - 12/31/97 01/1/98 - 12/31/98 4 years after audit 0370-36 UNSUCCESSFUL BIDS Proposals - prep. of Traffic Circulation Element of General Plan - 10/90 3 ears Proposals -Road Maintenance Services - April 1994 3 years Originals Proposals - On -Call Engineering - 9/94 3 years Proposals - Sunset Crossing Road St. Rehab Project Const. Admin/Ins Svcs 6/96 3 years RFP - 1990 - Traffic Circulation 3 years RFP - 1994 On -Call: Engineering Traffic Consultant Plan Check/inspection Soils 3 years Originals RFP - 1996 - Sunset Crossing Rd. Street Rehab Proj. from SR 57 to Golden Springs Dr. 3 years Originals RFP - Minute Secretary 9/99: Ultimate Staffing Svc. Anita Marquez Donna Gilmore Nancy Haselkorn Beverly Waschel Ruth Lark Carol Dennis 3 years Originals Originals Originals 4 years after audit Originals Originals Originals Originals Originals Original RFP 4/12/94 - Maintenance Services 3 years Originals RFP - Crossing Guard FY 97/98: International Services Inc. Blue Eagle Security Services Perimeter One Security All City Management Services Inc. 3 years Originals RFP - Street Rehab - Brea Canyon from Golden Springs to Northerly City Limits at UPRR and Pathfinder from Shaded Wood to D.B. Blvd - 6/97 Vance Corp. Calmat Hillcrest Contracting Sully -Miller Excel Paving Gentry Bros. Sequel Contractors Griffith Co. 3 years Originals Box 109 97/98 CDBG Sidewalk Handicap Ramps 7/98: Keiter Corp. Damon Construction 4 -Con En ineerin 3 years Originals Ballfield Lights @ Lorbeer Middle School 6/99: Building Energy Consultants M. Wilson Co. Construction Rokni Electric Co. Inc Electro Construction Corp. Maverick Electric Inc. J.G. Electric 3 ears Originals Traffic Signal Improvement Proj - Brea Canyon/Glen brook; Brea Canyon/Golden Springs; Brea Canyon/Diamond Crest Ln. - 7/99: L.A. Signal Steiny & Co. Inc Trans Tech Engineers Inc Page 3 CT&F Inc Maverick Electric Inc 3 ears Originals High Light Electric Design Services - D.B. Blvd. Rehab - Palomino Dr. & Northerly City Limits @ Temple Ave. 4/97: AAE Consultants Abratique & Assoc. Inc Berryman & Henigar CNC Engineering Co. DH Civil Engineering Inc. David Evans & Assoc. Hall & Foreman Inc. Harris & Assoc. INCA Engineering, Inc. Korve Engineering Lockman & Assoc. Mollenhauer, Higashi & Moore Inc. Norris-Repke Inc. Penco Engineering Inc Pountney & Assoc. Inc RKA Civil Engineers Inc Trans Tech Engineers Inc UMA Engineering Inc. 3 years Originals 0370-80 VENDOR PAYMENTS Parking Processing Info FY 93/94 - FY 95/96 Reviews, printouts, paid invoices for JDS & Pomona Municipal Court FY 97 -FY 98 Box 3 6/18/96 - 10/15/96 10/15/96 - 3/18/97 " 3/18/97 -8/19/97 8/19/97 - 3/2/98 Box 4 4/7/98 - 8/18/98 9/1/98 - 3/2/99 if 3/16/99 -9/21/99 Box 3 Manual AP Checks: Page 4 Box 3 2/96-3/97 4 years after audit Originals 12/93-7/94 0380-55 MECHANICAL EQUIPMENT 1989 Oldsmobile Ciera paperwork - vehicle salvaged After Disposition Originals 0390-60 RECEIPTS, DAILY CASH FY97-FY98 4 years after audit Originals 0390-70 REVENUES, TAX Proposition A - 1990-98 Proposition C - 1990-98 Quarterly Sasles Tax Info - 98-99 4 years after audit Originals 0390-22 FEES, OTHER THAN FRANCHISE False Alarm Fee Collection Records 1/94- 12/98 4 years Originals 0400-10 CONTRACTS Permanent; imaged 2000 AEI/CASC Engineering: Wireless Permanent; Telecommunications Task Force (9/2/1998) imaged 2000 Originals Allan, Roy: Permanent; Area 6 Slurry Seal, 95-96 Program imaged 2000 Originals Allied Engineering: Permanent; ADA Modifications @ Maple Hill Park imaged 2000 6/18/1996 Originals ARA Beverage Service (8/5/1994) Permanent; Originals imaged 2000 Armstrong Design - Office Furniture Permanent; 9/19/1989 imaged 2000 Originals Best, Best & Krieger: Permanent; City v. LA County re: Property Taxes imaged 2000 3/5/1991) Originals BR Day Construction: Permanent; Ambushers Drainage Improvements 6/1/99 imaged 2000 Originals Brandman, Michael & Assoc: Permanent; Mitigation Monitoring for TTM 47851 (2/20/93) imaged 2000 Page 5 EIR for VTM 47850 (10/4/94) Originals David Evans & Assoc: Permanent; Design of Ballfield Lights - Lorbeer (9/15/98) imaged 2000 Originals D & J Foothill Electric: Permanent; Lorbeer Ballfield Lighting (7/6/99) imaged 2000 Originals D & J Engineering: Permanent; Pantera Park Plan Check (4/24/96) imaged 2000 Maple Hill Park Phase II Inspection (1/16/96) Originals Environmental Inspection & Enhancement Permanent; Tree Planting Pro'. (3/3/98) imaged 2000 Originals Dewan, Lundin & Assoc: Permanent; Design of D.B. Blvd. btwn Grand & 60 Fwy imaged 2000 (11/7/95) Brea Cyn. Btwn Golden Springs to northerly city limits (11/7/95) Pathfinder btwn Shaded Wood to D.B. Blvd (11/7/95) Sunset Crossing btwn 57 Fwy & Golden Springs (11/7/95) Sign- Ambushers/Meadowglen (3/13/97) Construction Admin/Inspection D.B. Blvd. Rehab btwn Palomino & northerly city limits At Temple (6/1/98) Originals FORMA: On -Call Landscape (12/19/95) Permanent; imaged 2000 Originals Dwight French & Assoc: Permanent; Sanitary Sewer Design - The Country imaged 2000 (1/19/93) Pavement Management System (7/6/93) Reconstruction/Rehab - Golden Page 6 Page 7 Springs/Grand (4/3/92) Originals Hall & Foreman: Permanent; Handicap Access Ramp Inspection (5/20/97) imaged 2000 Originals H.J. Schorr Consulting: Permanent; Hillside Management Ordinance (11/24/92) imaged 2000 Originals *RDA Contract - INCA Engineers: Design of Golden Springs btwn Brea Canyon & westerly city limits &b Lemon btwn Golden Permanent; S rin s & northerly city limits (2/17/98) imaged 2000 Originals Montgomery, Michael Permanent; Miller v. Gross (12/31/93) imaged 2000 Originals RKA Civil Engineers: Permanent; Plan Check/Public Works Inspection imaged 2000 (10/18/94) Plan Check/Public Works Inspection On -Call 2 years (10/31/96) Originals Seidler - Fitzgerald Permanent; Public Finance (6/27/89) imaged 2000 Originals West Coasts Arborists: Permanent; Citywide Street Tree Services (5/8/92) imaged 2000 Originals BOX 2 4 -Con Engineering: Permanent; ADA Upgrade, Regan/Heritage Parks (3/2/99) imaged 2000 Originals Abbot, Charles: Permanent; Services of George Wentz, imaged 2000 City Engineer/Public Works (1/3/950 Originals Airborne Systems: Permanent; Aerial Photography (6/17/97) imaged 2000 Originals All City Management Services: Permanent; Crossing Guard (7/2/96) imaged 2000 Originals Asphalt Maintenance Co.: Permanent; Area 1 Slurry Seal (7/13/99) imaged 2000 Originals Austin -Foust: Permanent; Facilitator/Special Technical Services for Off- imaged 2000 Site Parking Task Force (2/17/98) Originals Bieber Lighting: Permanent; Replacement Lighting for Basketball/Tennis imaged 2000 Courts Regan Park (6/7/99) Originals Bonterra: Permanent; Biological Assessment 3 acre site in The imaged 2000 Country (10/2/96) Originals Brandman, Michael & Assoc: Revegetation Monitoring for VTM 47851 (6/14/96) EIR for VTM 51169 (12/1/92) Mitigation Monitoring for TTM 47850 (8/6/96) Revegetation Monitoring for VTM 50314 Permanent; (5/6/97) imaged 2000 Originals Brea, City of: Permanent; Recreation Services 1995-1999 imaged 2000 Originals Computer Applied Systems: Permanent; Financial Management Software (10/3/89) imaged 2000 Originals Conrad & Assoc. Permanent; Auditing FY 96/97 (3/7/95) imaged 2000 Originals Converse Consultants: Permanent; Geotechnical Repair of 2 Landslides In imaged 2000 Sycamore Cyn. Park (8/3/99) Professional Soils/Geotechnical Services, on call 2 yrs. (5/6/97) Geotechnical Investigation - water seepage, Meadowg fen/Ambushers 12/15/95) Originals David Evans: Permanent; Design of Plans/Specs - ADA Retrofit imaged 2000 Regan/Heritage Parks (2/17/98) Originals Dewan, Lundin & Assoc: Permanent; Page 8 Page 9 Administration/Inspection - imaged 2000 D.B. Blvd./Grand/Palomino (3/4/97) Administration/Inspection - Street Rehab., SR 57 to Golden Spgs (7/16/96) Inspection Services for Cable Upgrade (7/6/99) Originals EC Construction: Permanent; Sunset Crossing cul-de-sac improvements imaged 2000 (1/23/96) Originals Engineering & Environ. Geology Assoc: Permanent; Soils/Geology, on call 2 yrs. (10/15/96) imaged 2000 Originals Excel Paving - Permanent; Golden S s. Street Rehab (5/18/99) imaged 2000 Originals GFB Friedrich & Assoc: Design of Area 1 Slurry Seal 1 /19/99 Construction Administration/Inspection of Permanent; Area 1 Slurry Seal (7/20/99 imaged 2000 Originals Hall & Foreman: Permanent; Design Services 97/98 imaged 2000 CDBG Sidewalk/Handicap Ramps (3/17/98) Originals Heimberger/Hirsch: Permanent; Construction Administration/Inspection Svcs- imaged 2000 Pantera Park Construction (7/16/96) Design of Plans & Specs for Environmental Enhancement Mitigation Tree Planting along 57 fwy 8/6/97 Originals Hightower Assoc: Permanent; Effectiveness of Initiative Measure to Adopt a imaged 2000 General Plan (2/7/96) Originals 0410-14 City Council Agenda Packets A ril 1989 through Dec. 2000 Ima ed Originals 0460-10 LEGAL OPERATIONS Affidavits of Posting - 1992 Permanent - Imaged Originals Affidavits of Posting - 1993 Permanent - Imaged Original Affidavits of Posting - Special Meetings - 1999 Permanent - Imaged 2001 Originals Affidavits of Posting - Special Meetings - 1999 Destroy Duplicates Affidavits of Posting - Public Meetings - 1999 Permanent - Imaged 2001 Originals Affidavits of Posting - Ordinances/Resolutions Permanent - - 1999 Imaged 2001 Originals Affidavits of Posting - Commission Vacancies Permanent - - 2000 Imaged 2001 Originals Affidavits of Posting - Public Meetings 2000 Permanent - Imaged 2001 Originals Affidavits of Posting - Special Meetings -2000 Permanent - Imaged 2001 Originals Affidavits of Posting - Ordinances/Resolutions Permanent - -2000 Imaged 2001 Originals Affidavits of Publication - Bids - 1999 Permanent - Originals Imaged 2001 Affidavits of Publication - Nominees for Public Permanent - Originals Office - 1999 Imaged 2001 Affidavits of Publication - Public Hearings - Permanent - Originals 1999 Imaged 2001 Affidavits of Publication - Resolutions -1999 Permanent - Originals Imaged 2001 Affidavits of Publication - Resolutions - 2000 Permanent - Originals Imaged 2001 Affidavits of Publication - Misc - 2000 Permanent - Originals Imaged 2001 Affidavits of Publication - Bids - 2000 Permanent - Originals Imaged 2001 Affidavits of Publication - Public Hearings - Permanent - Originals 2000 Imaged 2001 Affidavits of Publication - Special Meetings - {Permanent - Originals 2000 Imaged 2001 Affidavits of Publication - Commission Permanent - Originals Vacancies Imaged 2001 0550-40 APPLICATIONS/RESUMES Administrative Secretary - 12/98 3 years Originals Account Clerk II - 6/99 3 years - -Originals Accountant II - 3/99 3 years Originals Communications & Marketing Coord. - 8/99 3 years Originals Secretary - City Clerks Office 1/98 3 years Originals 0700-30 3 ears Originals Special Event Insurance L.A. County Service Invoices - 4/18/89 4 years Originals through 11/1/93 It is requested that the above documents be submitted for destruction pursuant to the Records Retention Schedule. Page 10 Division Manager Department Director Approval is hereby given for the above public records to be destroyed. A certificate of destruction shall be on file in the office of the City Clerk. APPROVED:APPROVED: Michael Jenkins, City Attorney Lynda Burgess, City Clerk DATE: DATE: Page 11 Agenda # 611 Meeting Date: May 6, 2003 TO: Honorable Mayor and Members of the City Council ri VIA: Linda C. Lowry, City Manage TITLE: Resolution No. 2003 -XX approving Fiscal Year 2002-2003 Budget Amendment RECOMMENDATION: It is recommended that the City Council approve Resolution No. 2003 -XX, A Resolution of the City of Diamond Bar amending the FY02-03 Municipal Budget for the City of Diamond Bar. FINANCIAL IMPACT: Decrease to the Estimated Resources for the General Fund in the amount of $393,600. Decrease in General Fund annual appropriations in the amount of $860,427. Decrease in uses of General Fund Fund Balance Reserves of $4,844,406. Various changes in the Special Funds Budgets equaling a decrease in Estimated Revenues of $1,255,466 and a decrease in Estimated Expenditures equaling $1,819,173 for a net increase to the Special Funds fund balances of $563,707. BACKGROUND: The City Council adopted Resolution #2002-50 on June 18, 2002 approving the FY02-03 Municipal Budget. It is City policy for staff and the City Council to periodically review the annual budget and make adjustment as deemed necessary. This year's review has been done with the realization that there may be difficult economic times ahead for the City and real uncertainties in future State funding sources. The City Council discussed the amendment to the budget at the City Council study session and meeting on April 15,2003. The numbers presented in the accompanying worksheets are generally the same as presented earlier with few exceptions. The exceptions include a change in the use of Gas Tax Funds, the reinstatement of the Slurry Seal - Area 5 project and the funding of the creation of the Youth Master Plan. There is also a correction to the beginning General Fund Balance Reserve amount. Page 2 - FY02-03 Budget Amendment DISCUSSION: The following chart is a summarization of the proposed changes in the General Fund Budget: Current Amendment Adjusted Budget Budget Total Annual Revenues $14,174,810 ($393,600) $13,781,210 Total Annual Appropriations 13, 768, 734 (860,427) 12,908,307 Excess Revenues over Expenditures 406,076 466,827 872,903 Fund Balance Reserves @ 07/01/02 19, 964, 076 19, 964, 076 Uses of Fund Balance Reserves 6,024,080 (4,844,406) 1,179,674 Fund Balance Reserves @ 06/30/03 $14,346,072 $5,311,233 $19,657,305 The City's current adopted General Fund Budget for FY02-03 shows anticipated revenues of $14,174,810. It is recommended that the revenue estimate be decreased by $393,600 to $13,781,210. The current approved General Fund Appropriations budget equals $13,768,734. It is recommended that this budget be decreased by $860,427 to $12,908,307. Additionally, there was a transfer to the Capital Improvement Projects (CIP) Fund of $6,024,080. It is recommended that this transfer be reduced by $4,844,406 to $1,179,674. Since the CIP Transfer is to fund capital projects, it has been reflected as a "Use of Fund Balance Reserves" rather than summarized with the annual operating expenditure appropriations. These recommended changes in the General Fund estimated revenue, appropriations and use of fund balance reserves will result in an estimated $19,657,305, in General Fund fund balance reserves at the end of the fiscal year. This amendment reflects the reimbursement of the General Fund ongoing road maintenance expenditures from the Gas Tax Fund. It has been decided that since the Gas Tax revenues are received annually for the purpose of road maintenance and construction, the General Fund should be reimbursed for the annual road maintenance expenditures accordingly. In the previous amendment, the Gas Tax Fund was balanced by reducing the General Fund Transfer -in amount. This has been changed to show an increase to cover the General Fund road maintenance (including street related utilities) appropriations. Any Gas Tax funds remaining will be used for CIP projects as it is available. The General Fund is being used after all other funding sources have been exhausted to assist in funding the City's Capital Improvement Projects. These transfers are reflected as a "Use of Fund Balance Reserves". Page 3 - FY02-03 Budget Amendment This amendment also reflects the changes directed by the City Council. These include the reinstatement of the Slurry Seal Area 5 project in the amount of $450,000 ($400,000 additional) and $87,000 for the preparation of a Youth Master Plan. PREPARED BY: Linda G. Magnuson REVIEWED BY: .— r Departme t Head Deputy City Manager Attachments: Resolution and Budget Worksheets RESOLUTION NO. 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE FY02-03 MUNICIPAL BUDGET FOR THE CITY OF DIAMOND BAR WHEREAS, the City Council has adopted Resolution No. 2002-50, A Resolution of the City Council of the City of Diamond Bar approving and adopting a budget for the City of Diamond Bar for the Fiscal Year commencing July 1, 2002 and ending June 30, 2003 including maintenance and operations, special funds and capital improvements and appropriating funds for accounts departments, divisions, object and purposes therein set forth (referred to as the "Budget"). WHEREAS, the City Council may choose to amend the Budget from time to time. WHEREAS, City Staff has prepared an Amendment to the Budget (referred to as the "Amendment", Exhibit A). The Amendment has been discussed by the City Council at both a Study Session and City Council meeting. WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as follows: Section 1. The City Council hereby finds and determines that the Budget be amended as set forth in the Amendment, Exhibit A. Section 2. There are hereby appropriated for obligations and expenditures by the City Manager the amounts shown for the various departments, divisions and objects set forth in the Budget and consequent Amendments. All obligations and expenditures shall be incurred and made in the manner provided by the provisions of State law and City ordinances and resolutions applicable to purchasing and contracting. The City Clerk shall certify to the adoption of this Resolution. PASSED, ADOPTED AND APPROVED this day of , 2003. Carol Herrera, Mayor I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of Diamond Bar held on the day of, 2003, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: Lynda Burgess, City Clerk of the City of Diamond Bar EXHIBIT A CITY OF DIAMOND BAR GENERAL FUND BUDGET AMENDMENT FY 2002-2003 Current Amendment Adjusted Budget Budget ESTIMATED RESOURCES 2,415,000 (50,000) 2,365,000 Property Taxes Other Taxes 4,320,000 (100,000) 4,220,000 Intergovernmental Revenue 3,229,200 58,000 3,287,200 Fines and Forfeitures 447,000 124,500 571,500 Building Fees 848,500 (173,450) 675,050 Planning Fees 100,000 0 100,000 Engineering Fees 171,000 (49,000) 122,000 Recreation Fees 539,450 0 539,450 Special Event Fees 72,000 0 72,000 Other Revenues 865,800 (291,300) 574,500 Transfers -In Other Funds 1,166,860 87,650 1,254,510 Total Annual Revenues 14,174,810 (393,600) 13,781,210 APPROPRIATIONS 137,800 (8,550) 129,250 City Council City Attorney 190,000 (80,000) 110,000 City Manager 551,775 (47,150) 504,625 City Clerk 297,435 (64,010) 233,425 Finance/Human Resources 474,000 (48,300) 425,700 Information Systems 249,800 (19,050) 230,750 General Government 885,635 12,200 897,835 Public Information 411,970 (30,150) 381,820 Law Enforcement 4,337,500 (95,000) 4,242,500 Volunteer Patrol 12,250 700 12,950 Fire / Animal Control 87,610 7,500 95,110 Emergency Preparedness 12,510 0 12,510 Community Dev./Planning 570,042 (10,297) 559,745 Building & Safety 503,000 (101,870) 401,130 Neighborhood Improvement 280,850 (51,800) 229,050 Economic Development 350,800 (78,000) 272,800 Community Services 2,000,071 (29,950) 1,970,121 Public Works/Engineering 2,223,686 (216,700) 2,006,986 Transfer -Out Other Funds 192,000 192,000 Total Annual Appropriations 13,768,734 (860,427) 12,908,307 Est Excess Revenues over Expenditures 406,076 466,827 872,903 Fund Balance Reserves © 07/01/02 19,964,076 19,964,076 Available Resources 20,370,152 466,827 20,836,979 Uses of Fund Balance Reserves: 6,024,080 (4,844,406) 1,179,674 Transfer -Out - CIP Fund Estimated Fd Bal Reserves @ 06/30/03 $14,346,072 $5,311,233 $19,657,305 EXHIBIT A FY 2002-2003 BUDGET AMENDMENT GENERAL FUND REVENUES Description Account # Current Amendment Adjusted Budget Budget Explanation Property Taxes Supplemental Prp Tax 001-30050 90,000 (30,000) 60,000 Budget Refinement Prior Year Property Tax 001-30100 50,000 (20,000) 30,000 Budget Refinement 0th T er axes 001-31010 2,900,000 (200,000) 2,700,000 Slow Economy Sales Tax Property Transfer Tax 001-31250 200,000 100,000 300,000 Adj to reflect actuals I t t IR evenue n ergovernmen 001-31820 0 58,000 58,000 Adj to reflect actuals a FEMA Revenue Fi &F it f ures nes or 001-32200 25,000 75,000 100,000 Budget Refinement e General Fines Parking Fines 001-32230 100,000 60,000 160,000 Street Sweeping Pgm False Alarm Fees 001-32270 10,000 (10,000) 0 Budget Refinement Graffiti Restitution 001-32350 500 (500) 0 Building Fees 001-34110 356,000 (89,000) 267,000 Slow Economy Building Permit Fees Plumbing Permit Fees 001-34120 33,000 (6,600) 26,400 Slow Economy Electrical Permit Fees 001-34 130 48,500 (9,700) 38,800 Slow Economy Mechanical Permit Fees 001-34140 22,000 (4,400) 17,600 Slow Economy Permit Issuance Fees 001-34200 41,000 6,150 47,150 Slow Economy Inspection Fees-B/S 001-34250 11,500 (2,300) 9,200 Slow Economy Plan Check-B/S 001-34300 328,000 (65,600) 262,400 Slow Economy SMIP Fees 001-34350 5,000 (2,000) 3,000 Slow Economy Engineering Fees 500,000 001-34620 6,000 6,000 Engineering Permit Fees 1,600 Budget Refinement Inspections -Engineering 001-34640 Traffic Mitigation-Engr 001-34660 Other Revenues Adj to Reflect Actuals 001-36100 800,000 (300,000) Investment Earnings 6,000 Sale of Promotional Items 001-36640 Sale of Printed Material 001-36650 Donations 001-36660 0 Prop Damage Reimb. 001-36800 Misc Revenue 001-36900 15,000 Transfers In Short/Long Term Disability 001-39111 980,750 87,650 Transfer in -Gas Tax Operating Supplies 41200 Total Change in Annual Revenues 001 -Rev 1,000 Budget Refinement EXHIBIT A FY 2002-2003 BUDGET AMENDMENT GENERAL FUND EXPENDITURES 12,000 Budget Refinement 80,000 (40,000) 40,000 Slow Economy 15,000 (15,000) 0 Budget Refinement 557,861 Availability of Funds ($393,600) Page 2 Description Account # 500,000 Low Investment Yields 5,100 (3,500) 1,600 Budget Refinement 6,500 3,500 10,000 Budget Refinement 2,500 2,500 Adj to Reflect Actuals 0 200 200 Budget Refinement 6,000 21,000 Budget Refinement 557,861 Availability of Funds ($393,600) Page 2 Description Account # Current Mid Yr Adjusted Budget Amendment Budget Explanation City Council (001-4010) 40070 3,800 (1,000) 2,800 Budget Refinement City Paid Benefits Short/Long Term Disability 40084 50 (50) 0 Budget Correction Operating Supplies 41200 1,500 (500) 1,000 Budget Refinement Printing 42110 500 500 Budget Refinement Telephone 42125 2,500 1,000 3,500 Budget Refinement Rental/Lease of Equip 42130 2,600 (2,000) 600 Budget Refinement Travel-Meetings/Conferences 42330 25,000 (5,000) 20,000 Budget Refinement Education & Training 42340 1,000 (750) 250 Budget Refinement Miscellaneous Equipment 46250 1,000 (750) 250 Budget Refinement Cit Att 001-4020 y orney ( 44020 90,000 (30,000) 60,000 Budget Refinement General Legal Services Special Legal Services 44021 100,000 (50,000) 50,000 Budget Refinement Cit Mana er 001 -4030 y 9 ( 40010 354,130 (27,830) 326,300 Staff Vacancy Salaries Over -time Wages 40020 1,000 (500) 500 Budget Refinement City Paid Benefits 40070 3,700 (270) 3,430 Staff Vacancy Retirement Benefits 40080 41,300 (3,250) 38,050 Staff Vacancy Worker's Compensation 40083 4,300 (200) 4,100 Staff Vacancy Short/Long Term Disability 40084 220 1,780 2,000 Budget Correction Medicare/Social Security 40085 5,250 (500) 4,750 Staff Vacancy Cafeteria Benefits 40090 43,850 (7,680) 36,170 Staff Vacancy Printing 42110 0 100 100 Budget Refinement Telephone 42125 2,000 (1,000) 1,000 Budget Refinement Publications 42320 700 200 900 Budget Refinement Meetings 42325 2,000 1,000 3,000 Budget Refinement Travel-Meetings/Conferences 42330 20,000 (3,000) 17,000 Budget Refinement Education & Training 42340 5,000 (3,000) 2,000 Budget Refinement Professional Svcs 44000 57,000 (3,000) 54,000 Budget Refinement City Clerk (001 -4040) 40020 500 (300) 200 Budget Refinement Over -time Wages Short/Long Term Disability 40084 100 790 890 Budget Correction Medicare/Social Security 40085 2,050 (50) 2,000 Budget Correction Small Tools & Equipment 41300 100 50 150 Budget Refinement Publications 42320 2,200 (1,500) 700 Budget Refinement Travel -Conferences & Mtgs 42330 3,500 (3,000) 500 Budget Refinement Professional Svcs 44000 90,885 (60,000) 30,885 Budget Refinement Finance Department (001-4050) 40010 208,150 (18,600) 189,550 Staff Vacancy/Position Chg Salaries City Paid Benefits 40070 2,900 (150) 2,750 Staff Vacancy/Position Chg Retirement Benefits 40080 24,300 (2,200) 22,100 Staff Vacancy/ Position Chg Worker's Compensation 40083 1,700 (150) 1,550 Staff Vacancy/Position Chg Short/Long Term Disability 40084 150 1,000 1,150 Budget Correction Medicare/Social Security 40085 3,100 (350) 2,750 Staff Vacancy/Position Chg Cafeteria Benefits 40090 34,200 (2,100) 32,100 Staff Vacancy/Position Chg Operating Supplies 41200 1,300 (200) 1,100 Budget Refinement Printing 42110 2,500 (200) 2,300 Budget Refinement Membership & Dues 42315 900 (200) 700 Budget Refinement Publications 42320 500 (300) 200 Budget Refinement Travel-Mileage/Auto Allow 42335 2,050 (200) 1,850 Budget Refinement Education & Training 42340 2,000 200 2,200 Budget Refinement Professional Svcs 44000 1,500 (700) 800 Budget Refinement Prof Svcs - Data Processing 44030 20,500 (1,700) 18,800 Budget Refinement 001 -Exp Page 3 EXHIBIT A FY 2002-2003 BUDGET AMENDMENT GENERAL FUND EXPENDITURES Description Account # Current Mid Yr Adjusted Explanation Budget Amendment Budget Office Equip 46200 5,000 (2,000) 3,000 Office Equip - Furniture 46220 500 (500) Human Resources (001-4060) 40084 50 400 Short/Long Term Disability Budget Correction Benefits Administration 40093 Promotional Items 41400 3,500 Printing 42110 1,000 (1,000) Advertising 42115 3,000 Education & Training 42340 Employment Physicals 42345 Professional Services 44000 Special Legal Services 44021 Information Systems (001-4070) 40030 12,300 (6,300) Part-time Wages Budget Refinement Worker's Compensation 40083 Short/Long Term Disability 40084 Budget Refinement 0 Budget Refinement 450 Budget Correction 5,300 (4,800) 500 Budget Correction (1,500) 2,000 Budget Refinement 0 Budget Refinement (1,000) 2,000 Budget Refinement 17,000 (10,000) 7,000 Budget Refinement 4,000 (1,000) 3,000 Budget Refinement 950 950 Budget Refinement 5,000 (2,000) 3,000 Budget Refinement 6,000 Staff Vacancy 450 50 500 Budget Refinement 50 200 250 Budget Correction Medicare/Social Security 40085 1,600 (500) 1,100 Staff Vacancy Telephone 42125 1,000.00 (500) 500 Budget Refinement Publications 42320 500 (500) 0 Budget Refinement Education & Training 42340 6,000 (4,000) 2,000 Budget Refinement Data Processing 44030 7,000 (5,500) 1,500 Budget Refinement Computer Equip - Software 46235 7,000 (2,000) 5,000 Budget Refinement General Government (001-4090) 40093 12,000 12,000 Unemployment Claims Benefits Admin/Unemplmnt Operating Supplies 41200 20,000 (4,000) 16,000 Budget Refinement Promotional Items 41400 10,500 (5,000) 5,500 Budget Refinement Photocopying 42100 15,000 (5,000) 10,000 Budget Refinement Printing 42110 9,000 (2,000) 7,000 Budget Refinement Engraving Svcs 42113 2,000 (1,000) 1,000 Budget Refinement Advertising 42115 2,500 1,200 3,700 Vector Control Bug Bus Spsnr Banking Charges - LOC Fees 42129 2,000 2,000 Bond Letter of Credit Fees Equipment Maintenance 42200 16,250 (3,000) 13,250 Budget Refinement Maint-Grounds & Bldgs 42210 8,500 (2,500) 6,000 Budget Refinement Publications 42320 0 2,000 2,000 Newspaper Subs, Various Pub Meetings 42325 28,000 (6,000) 22,000 Budget Refinement Education & Training 42340 3,000 (3,000) 0 Budget Refinement Misc Expenditures 42395 0 500 500 Budget Refinement Professional Svcs 44000 264,015 15,000 279,015 Budget Refinement Prof Svcs-Acctg & Auditing 44010 10,000 13,000 23,000 Budget Refinement Communications Equipment 46240 18,000 (2,000) 16,000 Budget Refinement Public Information 40070 1,550 (200) 1,350 Budget Refinement City Paid Benefits Short/Long Term Disability 40084 100 650 750 Budget Correction Promotional Items 41400 8,544 9,000 17,544 City Store Printing 42110 59,900 1,500 61,400 Budget Refinement Printing-Pre Press Svcs 42111 2,000 (1,500) 500 Budget Refinement Photography 42112 6,000 (4,000) 2,000 Budget Refinement Advertising 42115 33,200 4,000 37,200 Budget Refinement Postage Charges 42120 20,250 (2,000) 18,250 Budget Refinement Mailing Services 42121 4,700 (2,000) 2,700 Budget Refinement Rental/Lease of Equipment 42130 500 (500) 0 Budget Refinement Rental/Lease of Exhibition Sp 42141 500 (500) 0 Budget Refinement Membership & Dues 42315 2,275 (400) 1,875 Budget Refinement 001-Exp Page 4 EXHIBIT A FY 2002-2003 BUDGET AMENDMENT GENERAL FUND EXPENDITURES Current Mid Yr Adjusted Explanation Description Account # Budget Amendment Budget Publications 42320 500 (500) 0 Budget Refinement Meetings 42325 1,000 (900) 100 Budget Refinement Travel-Mileage & Auto Allow 42335 250 (100) 150 Budget Refinement Education & Training 42340 2,000 (700) 1,300 Budget Refinement Misc Expenditures 42395 2,500 (2,000) 500 Budget Refinement Professional Svcs 44000 26,851 (12,000) 14,851 Budget Refinement Contract Services 45000 11,750 (10,000) 1,750 Budget Refinement CS - Newsletter 45010 41,250 (6,000) 35,250 Budget Refinement Office Equipment-Furniture 46220 1,000 (500) 500 Budget Refinement Computer Equip-Software 46235 11,600 (2,000) 9,600 Budget Refinement Misc Equipment 46250 500 500 1,000 Budget Refinement Law Enforcement (001-4411) 45401 4,050,000 (80,000) 3,970,000 Deputy Vacancy CS-Sheriff CS-Parking Citation Admin 45405 5,000 10,000 15,000 Street Sweeping Pgm CS-Crossing Guard Svcs 45410 125,000 (25,000) 100,000 Budget Refinement Volunteer Patrol (001-4415) 40083 5,000 (2,000) 3,000 Budget Refinement Worker's Compensation Operating Supplies 41200 2,500 2,500 5,000 Budget Refinement Small Tools & Equipment 41300 250 (200) 50 Budget Refinement Telephone 42125 1,000 (600) 400 Budget Refinement Equipment Maint 42200 500 (500) 0 Budget Refinement Meetings 42325 3,000 1,500 4,500 Budget Refinement Fire Protection (001-4421) & Animal Control (001-4431) 1,100 1,250 Budget Correction CS -Wild Animal Control 45406 15,000 7,500 22,500 Increased Svc Requests Emergency Preparedness (001-4440) Small Tools & Equipment 41300 500 (500) 0 Budget Refinement Telephone 42125 960 500 1,460 Budget Refinement Community Development (001-5210) 40084 Medicare/Social Security 40085 Over -time Wages 40020 2,000 1,500 3,500 Budget Refinement Part Time Salaries 40030 10,900 (1,000) 9,900 Staff Vacancy Short/Long Term Disability 40084 150 1,100 1,250 Budget Correction Operating Supplies 41200 2,500 1,000 3,500 Budget Refinement Advertising 42115 6,000 (2,000) 4,000 Budget Refinement Equipment Maint 42200 500 300 800 Budget Refinement Meetings 42325 1,300 (500) 800 Budget Refinement Education & Training 42340 2,000 (1,500) 500 Budget Refinement Comsnr Compensation 44100 7,800 (1,000) 6,800 Budget Refinement Comsnr Comp - SEATAC 44110 1,000 (1,000) 0 Budget Refinement Prof Svcs -Projects 44250 56,697 (6,697) 50,000 Budget Refinement Computer Equipment-Hdwr 46230 500 (500) 0 Budget Refinement S f Bldg & a 45201 503,000 (101,870) ety(001-5220) CS - Bldg & Sfty 5230 Neighborhood Improvement (00 Salaries 40010 165,850 (41,800) Over -time Wages 40020 2,500 City Paid Benefits 40070 2,800 Retirement Benefits 40080 Worker's Compensation 40083 Short/Long Term Disability 40084 Medicare/Social Security 40085 Cafeteria Benefits 40090 32,250 Operating Supplies 41200 3,000 Equipment Maintenance 42200 001 -Exp Page 5 (1,500) EXHIBIT A Budget Refinement FY 2002-2003 1,000 BUDGET AMENDMENT GENERAL FUND EXPENDITURES Current Mid Yr Adjusted Description Account # Budget Travel -Conferences 42330 1,000 001 5240 401,130 Slow Economy/Rev Offset 124,050 Staff Vacancy 4,000 6,500 Budget Refinement (600) 2,200 Staff Vacancy 19,350 (4,850) 14,500 Staff Vacancy 3,200 (850) 2,350 Staff Vacancy 150 650 800 Budget Correction 2,450 (650) 1,800 Staff Vacancy (6,700) 25,550 Staff Vacancy (1,500) 1,500 Budget Refinement 4,000 1,000 5,000 Budget Refinement Amendment Budget Explanation E (500) 500 Budget Refinement i D t opmen conom c eve Operating Supplies 41200 1,000 (500) 500 Budget Refinement Advertising 42115 6,000 (6,000) 0 Budget Refinement Travel - Conferences 42330 2,000 (500) 1,500 Budget Refinement Education & Training 42340 1,500 (1,000) 500 Budget Refinement Business Incentive Pgm 42358 175,000 (40,000) 135,000 Slow Economy Professional Services 44000 114,000 (30,000) 84,000 Budget Refinement Community Services Admin (001-5310) Part-time Salaries 40030 89,100 (20,000) 69,100 Staff Vacancy Short/Long Term Disability 40084 150 950 1,100 Budget Correction Medicare/Social Security 40085 9,400 (1,530) 7,870 Staff Vacancy Operating Supplies k ti 41200 5,000 (1,000) 4,000 Budget Refinement 001 5340 P pera ons ( ar Rental/Lease - Equipment 42130 3,800 (1,000) 2,800 Budget Refinement Maint-Grounds & Bldgs 001 5350 R 42210 174,380 (22,000) 152,380 Cost Savings ti S i ces ecrea on ery Short/Long Term Disability 40084 200 1,650 1,850 Budget Correction Advertising 42115 330 70 400 Budget Refinement Postage 42120 1,500 (190) 1,310 Budget Refinement Rental/Lease of Equip 42130 7,490 (5,500) 1,990 Budget Refinement Rental/Lease of Real Prop 42140 73,980 (8,000) 65,980 Budget Refinement Memberships & Dues 42315 1,180 120 1,300 Budget Refinement Admissions -Youth Activities 42410 22,975 (7,600) 15,375 Budget Refinement Prof Svcs 44000 64,900 37,000 101,900 Youth Master Plan Misc Equipment 46250 14,050 (2,920) 11,130 Budget Refinement Public Wks Admin (001-5510) Short/Long Term Disability 40084 100 850 950 Budget Correction Operating Supplies 41200 5,385 (1,500) 3,885 Budget Refinement Printing 42110 6,000 (2,000) 4,000 Budget Refinement Advertising 42115 8,000 (4,000) 4,000 Budget Refinement Utilities 42126 55,000 (20,000) 35,000 Utility Savings - LED Signals Travel -Conferences & Mtgs 42330 2,500 (1,000) 1,500 Budget Refinement Education & Training 42340 3,000 (500) 2,500 Budget Refinement Professional Svcs 44000 159,500 (50,000) 109,500 Nghbrhd Traffic Study Deferred Prof Svcs -Environmental 44240 80,000 2,000 82,000 CPR Request CS -Engineering 45221 55,000 (50,000) 5,000 Budget Refinement CS -Inspection 45227 65,440 (30,000) 35,440 Revenue Offset Misc Equipment 46250 1,000 (1,000) 0 Budget Refinement Public Wks Engineering (001-5551) Over -Time Wages 40020 0 500 500 Budget Refinement Short/Long Term Disability 40084 50 400 450 Budget Correction Membership & Dues 42315 800 (500) 300 Budget Refinement Meetings 42325 1,000 (500) 500 Budget Refinement Education & Training 42340 1,500 (1,000) 500 Budget Refinement CS -Traffic 45222 55,000 (30,000) 25,000 Budget Refinement CS -Plan Checking 45223 24,046 (4,000) 20,046 Budget Refinement CS -Inspection 45227 5,000 (2,500) 2,500 Budget Refinement PWks-Road Maintenance (001-5554) Short/Long Term Disability 40084 50 350 400 Budget Correction Road Maint Supplies 41250 40,000 (10,000) 30,000 Budget Refinement Small Tool & Equip 41300 10,000 (5,000) 5,000 Budget Refinement Equipment Maint 42200 2,000 (1,000) 1,000 Budget Refinement 001 -Exp Page 6 EXHIBIT A FY 2002-2003 BUDGET AMENDMENT GENERAL FUND EXPENDITURES Description Account # Current Mid Yr Adjusted Explanation Budget Amendment Budget Fuel 42310 1,500 1,000 2,500 Budget Refinement Engineering 44520 15,000 10,000 25,000 Adnl on-call traffic engineering CS -Road Maintenance 45502 250,000 (30,000) 220,000 Budget Refinement CS -Striping & Signing 45506 170,000 100,000 270,000 Street Sweeping Signs CS -Traffic Signal Maint 45507 165,000 (20,000) 145,000 Budget Refinement CS -Right of Way Maint 45522 110,000 20,000 130,000 PY C/O, Sidewalks Landscape Maintenance (001-5558) Graffiti Reward Program 42360 500 (500) 0 Budget Refinement CS -Parkway Maintenance 45503 1,800 (1,800) 0 Budget Refinement CS -Tree Mainenance 45509 200,000 (35,000) 165,000 Budget Refinement CS -Tree Watering 45510 15,000 (15,000) 0 Budget Refinement CS -Graff iti Removal 45520 35,000 (35,000) 0 Budget Correction Total Change In Annual Expenditures (860,427) FUND BALANCE RESERVE EXPENDITURE: Transfers -Out Transfer -Out - CIP Fund 49250 6,024,080 (4,844,406) 1,179,674 Bond Financing/CIP Chgs Total Change to Use of Fund Bal Reserves (4,844,406) 001 -Exp Page 7 EXHIBIT A FY 2002-2003 BUDGET AMENDMENT SPECIAL FUNDS AMENDMENTS Description Account # Current Mid Yr Adjusted Budget Amendment Budget Explanation Changes to Revenues: Gas Tax Fund (111) 20,000 (10,000) 10,000 Lower Investment Yields Interest Revenue 36100 Prop A Transit Fund (112) Transit Subsidy Prgrm Rev 34850 500,000 50,000 550,000 Increased Program Use Interest Revenue 36100 50,000 (20,000) 30,000 Lower Investment Yields CDBG F 125 d un 388,495 189,890 578,385 Budget Refinement CDBG Revenue 31830 Section 108 Loan Proceeds 31830 1,900,000 138 LLAD 38 F d un 20,000 10,000 30,000 Budget Refinement Interest Revenue 36100 II P t Fd 250 C it mp rojec (1,900,000) 0 Com Sr Ctr Bond Funding 234,000 (234,000) 0 See Revised CIP ap a s Safe Routes to Schools State Park Grant - Prop 12 530,000 (410,000) 120,000 See Revised CIP State Park Grant - Prop 40 292,000 (292,000) 0 See Revised CIP Proceeds - Sale of Prop A 31900 300,000 (300,000) 0 See Revised CIP Park Grants 31815 778,052 (778,052) 0 See Revised CIP Transfer in - General Fd 39001 6,012,580 (4,832,906) 1,179,674 See Revised CIP Transfer in - Library Fd 39010 83,485 (3,485) 80,000 See Revised CIP Transfer in - Gax Tax 39111 373,574 (221,357) 152,217 See Revised CIP Transfer in - Prop C Transit 39113 796,869 571,988 1,368,857 See Revised CIP Transfer in - AB2928 39117 185,000 142,599 327,599 See Revised CIP Transfer in - Park Developmt 39124 1,936,700 (1,936,700) 0 See Revised CIP Transfer in - CDBG 39125 2,729,907 (1,785,110) 944,797 See Revised CIP Transfer in - PFC 39270 10,503,667 10,503,667 See Revised CIP Change in Special Fd Revenues (1,255,466) Changes to Expenditures Gas Tax Fund (111) 980,750 87,650 1,068,400 Limit GF Transfer to Avail Fds Transfer to General Fund 9915-49001 Transfer to CIP Fund 9915-49250 373,574 (221,357) 152,217 Budget Refinement P AT it F d 112 rans un 500,000 50,000 550,000 Increased Program Use rop Transit Subsidy -Fares 5553-45535 Contr to Other Govts. 4090-47230 500,000 (500,000) 0 Com Sr Ctr Bond Funding CT it F 113 P d rans un 796,869 571,988 1,368,857 See Revised CIP rop ( Transfer to CIP Fund 9915-49250 Reserve 25500 1,122,778 (571,988) 550,790 See Revised CIP Traffic Congestion Relief Fd (117) Transfer to CIP Fund 9915-49250 185,000 142,599 327,599 See Revised CIP Reserve 25500 142,599 (142,599) 0 See Revised CIP Park & Facilities Dev Fd (124) 1,936,700 (1,936,700) 0 Com Sr Ctr Bond Funding Transfer to CIP Fund 9915-49250 Reserve 25500 277,042 1,936,700 2,213,742 125 CDBG F d un 60,000 60,000 Home Improvement Program Home Improvement Pgm 5215-44000 Professional Services 5215-44000 26,300 15,000 41,300 Home Improvement Program Transfer to CIP Fund 9915-49250 2,729,907 (1,785,110) 944,797 See Revised CIP LLAD 38 F 138 d un 92,940 13,120 106,060 Budget Refinement Utilities 5539-42126 Capital Improvements 5539-46410 15,000 (13,120) 1,880 Budget Refinement C it II P t Fd 250 ap a mp rojec 1,277,524 226,391 1,503,915 See Revised CIP s Street Improvements 5510-46411 34,370 34,370 18603 Grand Ave - W CLmt to E CLmt 147,482 Traff is Mgt Improvements 5510-46412 1,270,000 01403** Slurry Seal - Area 5 450,000 400,000 228,393 1,498,393 See Revised CIP Park & Rec Improvements 5310-46415 615,122 (176,637) 438,485 See Revised CIP Landscape & Irrigation Imp 5510-46416 710,010 86,497 796,507 See Revised CIP Reserve - Future Capital Imp 25500 110,000 110,000 See Revised CIP Change in Special Fund Expenditures (1,819,173) Total - Street Improvement Projects 1,503,915 Net Change to Special Funds Fd Balances 563,707 Page 8 14399* Diamond Bar Blvd @ NB 57 147,500 Special Funds 14699* Brea Cyn Cutoff @ SB 57 On/Off Ramp 20,000 20,000 EXHIBIT A 137,500 16701 * DB Blvd @ Clear Creek Cyn Dr CITY OF DIAMOND BAR 16801 * Gldn Spgs Dr @ Sylvan Glen Rd 137,500 137,500 CAPITAL IMPROVEMENT PROJECT LIST 109,131 70,869 18703 LT - Pathfinder/BCR/Fern Hollow FY 02-03 18803 LT - Pathfinder/Evergreen Spgs 156,494 156,494 Project # Project Description Total Cost Gen Fd Gas Tax Grand Ave Prop C Developer SB821 AB2928 Street Improvement Projects 16001 * Prospectors Rd - Sunset Xng to Gldn Spgs 34,370 34,370 18603 Grand Ave - W CLmt to E CLmt 147,482 147,482 01403** Slurry Seal - Area 5 450,000 400,000 50,000 01402* Slurry Seal - Area 4 13,308 13,308 13498* BCR -Pathfinder to Southerly City Limit 257,834 109,834 148,000 15402* ** Area 4 - Slurry Seal/Residential Str Imp 597,109 332,818 264,291 16101 * N Walnut Dr. - WCL to Lemon 3,812 3,812 Total - Street Improvement Projects 1,503,915 1,024,504 151,812 0 0 327,599 Traffic Management /Safety Projects 14399* Diamond Bar Blvd @ NB 57 147,500 147,500 14699* Brea Cyn Cutoff @ SB 57 On/Off Ramp 20,000 20,000 16601 * DB Blvd @ Silver Hawk Dr 137,500 137,500 16701 * DB Blvd @ Clear Creek Cyn Dr 137,500 137,500 16801 * Gldn Spgs Dr @ Sylvan Glen Rd 137,500 137,500 17502 Grand Av - TS @ Com/Sr Ctr 180,000 109,131 70,869 18703 LT - Pathfinder/BCR/Fern Hollow 156,494 156,494 18803 LT - Pathfinder/Evergreen Spgs 156,494 156,494 18903 LT - BCR/Lycoming 130,000 130,000 19003 LT - Gldn Spgs/Ballena 130,000 130,000 Pathfinder/DB High School TS 165,000 165,000 14299* BCR & Silver Bullet 135 135 14499* Lemon @ Lycoming 135 135 14599* Gldn Spgs Dr @ Rapidview 135 135 Total - Traffic Control Imp 1,498,393 0 405 109,131 1,368,857 0 0 0 20,000 0 Total Road/Traffic Imp - FY02-03 3,002,308 1,024,504 152,217 109,131 1,368,857 20,000 0 327,599 Project # Project Description Total Cost General Fd CDBG Prop 12 Library Fd Proceeds Parks and Rec Improvements 15700* Sycamore Canyon Pk - ADA Retrofit 262,415 50,000 162,415 50,000 17602 Pantera Pk - (2) Picnic Shelters 120,000 120,000 19103 Starshine ADA - Retrofit - Design 20,000 20,000 18502* Sycamore Cyn - Trail Head Improvement 31,500 31,500 15502* Skateboard Pk Improvements TOTAL 438,485 86,070 CIP List EXHIBIT A Project # Buildings Project Description 13899* Community/Senior Center TOTAL Project # Project Description Miscellaneous Improvements 18402 4,570 4,570 182,415 170,000 0 0 0 0 Page 9 Bond 19203 19303 18302 18102 18202 18202 17202 19403 Parkway/Median Grand Ave. Slope Impr-Brea Cyn Cutoff- Fa I lowfld/WCL City Entry - SE Cnr DBB @ Temple Ave Landscape Impr-DBB btwn Mplhll & Mt Laurel Landscape Impr-Pathfinder @ Evergreen Spgs Landscape Impr-BCR @ Gerndal Landscape Impr-Gldn Spgs @ Adel Golden Springs Sidewalk - ADA Grand/GC Sycamore Cyn Slope Repair Landscape TOTAL FY 02-03 CIP Projects Grand Total * Denotes Carry over Projects from FY01-02 ** - Change in funding level and funding source Funding Source Totals General Fund Gas Tax Fund Grand Avenue Fund Prop C - Transit Fund Developer Fees AB2928 - Traffic Congestion Relief CDBG Fund Prop 12 - Park Grant Library Fund Public Financing Corp Bond HUD Special Grant LLAD #38 LLAD #41 CITY OF DIAMOND BAR CAPITAL IMPROVEMENT PROJECT LIST FY 02-03 Bond Total Cost General Fd CDBG Prop 12 Library Fd Proceeds HUD 11,511,052 687,385 80,000 10,503,667 240,000 11,511,052 0 687,385 0 80,000 10,503,667 240,000 Total Cost General Fd 96,000 57,600 240,000 128,000 128,140 55,120 34,460 28,290 74,997 11,500 11,500 796,507 69,100 $15,748,352 1,179,674 152,217 109,131 1,368,857 20,000 327,599 944,797 170,000 80,000 10,503,667 240,000 412,410 240,000 $15,748,352 CIP List CDBG Prop 12 LLAD 38 LLAD 41 38,400 74,997 128,000 128,140 55,120 34,460 28,290 240,000 0 74,997 0 412,410 240,000 CIP Project Type Totals Street Improvements Traffic Control Improvements Park and Rec. Improvements Buildings Miscellaneous Improvements 1,503,915 1,498,393 438,485 11,511,052 796,507 $15,748,352 Page 10 0 0 Agenda# 6 2 Meeting Date: May 6, 2003 TO: VIA: Honorable Mayor and Members of the City Council Linda C Low Cit Mana e '17Vh j ry, y 9 TITLE: STREET SWEEPING PARKING CITATION EXEMPTION/DISMISSAL POLICY RECOMMENDED ACTIONS: Receive and File FINANCIAL IMPACT: Citation income to cover the costs of the program will be reduced by each exemption/dismissal. Based upon the prior dismissals from September 2002 to date, staff estimates that the 2-3 percent trend for exempted citations would continue. BACKGROUND: Since the inception of the Street Sweeping Regulation Program, 6,233 citations have been issued as of April 18, 2003. It is estimated that 90% of the tickets contested were claiming inadequate signage. Therefore, the additional posting of 800 signs at the entrances and longer stretches of the residential neighborhood roads should most likely reduce the number of citations being issued. The City's policy is to cite vehicles that impede the street sweeper. The officers are ahead of the street sweeper and use discretion in issuing citations. The City Council discussed the citation waiver policy at their Study Session on April 15, 2003 and concluded that these waivers fall into the following categories: 1. Field exemptions (i.e. postman, utility companies, moving vans, contractors working a site, etc.) 2. First time offender exemption via the appeal process and verification (i.e. out of town visitors and new residents only). 3. Other areas for approved dismissal via the appeal process and verification. Pursuant to Council's direction, the following exemption/dismissal policy has been developed for the Street Sweeping Parking Citations: 1 STREET SWEEPING CITATION EXEMPTION/DISMISSAL POLICY General Information The City adopted the Street Sweeping Parking Regulation Program in March 2002 and amended the program with Resolution No. 2003-16 on April 15, 2003. Residential routes are swept once every other week routinely and once weekly in the months of heavy debris (generally scheduled for January and December). Street sweeping signs are placed at each neighborhood street entrance, plus additional signs on longer streets as prescribed by the City Engineer. Community Service Officers and deputies who patrol ahead of the street sweeper enforce parking restrictions. Although the parking restriction signs generally identify a 5' hour parking restriction, the City's policy is to cite vehicles that impede the street sweeper. If a vehicle is parked during posted street sweeping hours, and the vehicle is moved so that the sweeper does not have to drive around it, the vehicle should not be ticketed. Vehicles should only be cited on the first pass of the sweeper. Exemption/Dismissal Policy Using the Appeal Process 1. Field Exemptions The Community Service Officers and deputies will use field discretion in issuing citations to service providers, etc., when service is obvious and also to government vehicles, utility company vehicles, moving vans with obvious activity, and other vehicles that in the determination of the officer are of a similar use. 2. First Time Offender Exemption Via the Appeal Process and Verification Appeal dismissals by the Sheriffs Department will be approved in the course of the initial review, if the owner of the vehicle is able to produce documentation or other verifiable proof indicating that one of these conditions existed: • New Resident - One courtesy dismissal is granted for a new resident within two months of moving in. Requires moving van receipt, lease agreement, rental agreement or escrow papers. • Out of Town Visitor - One courtesy dismissal is granted for an out of town visitor with both the vehicle registration and second matching proof of residency document. 3. Other Areas for Approved Dismissal Via the Appeal Process and Verification Appeal dismissals by the Sheriffs Department will be approved in the course of the initial review, if the owner of the vehicle is able to produce documentation or other verifiable proof indicating that one of these conditions existed: • Citation Error - Incomplete or incorrect citations automatically warrant dismissal of the citation. • Cited on Second Pass of the Sweeper - A vehicle should only be cited if the vehicle impedes the sweeper on the first pass. The sweeper operator or citing officer must provide confirmation. 2 • Cited Twice - If a vehicle receives two street sweeping citations in the same location on the same day, one should be cancelled. Citation information will serve as confirmation. • Disabled Vehicle - One courtesy dismissal is granted. A repair or tow receipt is required. • Government Vehicles - Government officials cited while performing official business must provide a signed letter from their supervisor on agency letterhead explaining the circumstances. • Health Care WorkerNisiting Nurses/Social Worker - A signed letter on company stationary confirming incident must be provided. • Illness or death in the family - A letter from a doctor or medical report must prove an illness or death in the family that prevents removal of a vehicle from the street. • Imprisonment - Letter from correction institution or probation officer is required. CVC 41500. • Incorrect License Number - Confirmation based on vehicle's registration. • Medical Emergency - A letter from a doctor or medical report must prove a medical emergency that prevents removal of a vehicle from the street. • Moving In/Out - Moving van receipt, lease agreement, rental agreement, or escrow papers required. • Parked After Sweeper - A dismissal will be granted based on a field check or confirmation by the sweeper operator or the citing officer. • Private Street - Confirmation is based upon City records/maps. • Stolen Vehicle - A copy of the stolen vehicle report or other confirmation from a police department is required. • Vehicle Sold - A signed affidavit or copy of notice of release of liability is required. • Vehicle Repossessed -Official documentation of repossession is required. • Working Service Provider - Permits, state contractor's license number, vehicle registration, and/or signed contract for work shall be provided. Proof of working service activity shall be provided for a Diamond Bar service provider's vehicle parked in front of its Diamond Bar address. 3 Prepared by Linda Smith, Development Services Assistant REVIEWED BY: 04P' Liu Jiffies DeStef4 o Director of Public Works Deputy City Manager 4 Agenda # 6. 13. 1 Meeting Date: May 6, 2003 TO: VIA: Honorable Mayor and MembeCity Council Linda C. Lowry, City Manag 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. • 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. 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 RESOLUTION NO. 2003 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR OPPOSING AB 1221 - CALIFORNIA BALANCED COMMUNITIES ACT WHEREAS, AB 1221 enacts the California Balanced Communities Act of 2003, which reduces city and county sales and use tax rates, uses property tax revenue from counties' Educational Revenue Augmentation Funds (ERAF) to backfill the sales and use tax revenue lost by cities and counties, and provides for a 0.5% increase in the state and sales and use tax rate to replace 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 dependable sales tax revenue, and WHEREAS, AB 1221 proposes to give the State control over the distribution of local sales tax revenues placing the delivery of public services and municipal fiscal integrity at risk, and WHEREAS, the City of Diamond Bar opposes AB 1221, in its current form; THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES 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 opposes AB 1221 and asks all elected officials to oppose AB 1221. SECTION 3. The City Clerk shall certify to the adoption of the Resolution. PASSED, APPROVED AND ADOPTED this 6th 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 6th day of May, 2003, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Lynda Burgess, City Clerk City of Diamond Bar Agenda # 6.13.3 Meeting Date: May 6, 2003 CITY COUNCIL M AGENDA REPORT TO: Honorable Mayor and Members qif the City Council VIA: Linda C. Lowry, City Manager TITLE: Consider Approval of Resolution No. 2003 -XX Supporting AB 1652(Nakano), Expansion of the Los Angeles Metropolitan Transportation Authority Board RECOMMENDATION: It is recommended that the City Council approve Resolution 2003 -XX, supporting AB 1652, an act to expand the Los Angeles Metropolitan Transportation Authority Board by two additional city representatives. ANALYSIS: Existing law provides for the membership of the Los Angeles County Metropolitan Transportation Authority (LAMTA), which includes 4 city representative members appointed by the Los Angeles County City Selection Committee. AB 1652 expands the number of members of the LACMTA governing board from 14 to 16 by increasing the number of appointees from the cities in Los Angeles County and results in more fair and equitable membership to all parties. Currently, the City Selection Committee Appointments, comprised of four representatives from 87 cities within the county, have less that one-third of the Board votes. Yet, they represent 51% of the county population and generate 63% of the Proposition A and C'/2 cent sales tax revenue. This weakens the ability of the majority of the County to participate in vital transportation policy and programs. AB 1652 will begin to correct this inequity by increasing the City Selection membership from four to six; thereby amplifying its percentage of Board votes from 30% to 40%. By increasing the number of members, AB 1652 will create a Board that best reflects the diversity and needs of the entire Los Angeles County and is a positive step to ensure appropriate representation on the Board. If approved by the City Council, the attached Resolution will be distributed to the following: Assembly Appropriation Committee Members; Assemblyman Bob Pacheco; Senator Bob Margett;; Assemblyman George Nakano; California Contract Cities; and the League of California Cities. Attachment: Proposed Resolution Supporting AB 1652 RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR IN SUPPORT OF AB 1652 - LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY WHEREAS, existing law provides for the membership of the Los Angeles County Metropolitan Transportation Authority (LAMTA), which includes 4 members appointed by the Los Angeles County City Selection committee, and WHEREAS, AB 1652 would increase the number of members of the authority from 14 members to 16 members and would increase the members appointed by the Los Angeles County City Selection Committee by 6, and WHEREAS, AB 1652 will result in a more equitable Metropolitan Transportation Authority Board where every city in the Los Angeles County will have a voice in transportation policy, and WHEREAS, the City of Diamond Bar supports AB 1652; THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES RESOLVE: SECTION 1. AB 1652 creates a Board that best reflects the diversity and needs of the entire Los Angeles County. SECTION 2. The City Council supports AB 1652 and asks all elected officials to support AB 1652. SECTION 3. The City Clerk shall certify to the adoption of the Resolution. PASSED, APPROVED AND ADOPTED this 6th 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 6th day of May, 2003, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Lynda Burgess, City Clerk City of Diamond Bar Agenda # 6.13.2 Meeting Date: May 6, 2003 TO: VIA: Honorable Mayor and Members o the City Council Linda C. Lowry, City Manager TITLE: Consider Approval of Resolution No. 2003 -XX Opposing AB 496 (Correa), Creation of the Santa Ana River Conservancy RECOMMENDATION: The City Council Legislative Subcommittee recommends the City Council approve Resolution 2003 - XX, opposing AB 496 and direct staff to distribute the resolution to the appropriate elected officials and local agencies. FISCAL IMPACT: There is no fiscal or budgetary implication associated with the attached Resolution. ANALYSIS: AB 496: Amends the Resources Code to create the Santa Ana River Conservancy (SARC). Existing law authorizes multi -agency conservancies to acquire, manage, direct the management of, and conserve public lands in the state. AB 496 establishes the Santa Ana River Conservancy to acquire and direct the management of public lands within the Santa Ana River watershed area. The Santa Ana River Watershed area includes cities and unincorporated areas within Orange, Riverside, San Bernardino and Los Angeles counties. However, the SARC governing board, as currently proposed, does not include any representatives from cities or unincorporated areas within Los Angeles County. The author of the legislation states that the Santa Ana River Conservancy would provide master plan guidance for the entire watershed area and would permit a governing board, acting in collaboration with local interests, affected counties and cities, water agencies and state and Federal agencies to acquire, manage and protect public lands in the Santa Ana River watershed. The City Council Legislative Subcommittee has reviewed AB 496 and recommends the City oppose the bill because it does not include any representation from the portions of Los Angeles County that are within the Santa Ana River Watershed. Since these areas of Los Angeles County, as well as other local governments, could be affected by land acquired for "public land" by the conservancy RESOLUTION NO. 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO OPPOSE AB 496 IN ITS CURRENT FORM AND TO MAKE RECOMMENDATIONS FOR AMENDMENTS WHEREAS, California State Assembly Bill 496 (AB 496 -Correa), creates the Santa Ana River Conservancy for the Santa Ana River watershed area, and WHEREAS, the Santa Ana River Conservancy would make decisions directly impacting local land use, and WHEREAS, the Cities of Diamond Bar, Pomona and Claremont are part of the Santa Ana River watershed area, and WHEREAS, AB 496 -Correa DOES NOT create a representative position for the City of Diamond Bar nor Los Angeles County, and WHEREAS, AB 496 -Correa DOES NOT include representation for the San Gabriel Valley Council of Governments, and WHEREAS, AB 496 -Correa DOES NOT call for ratification of any Conservancy land acquisition decisions by the cities that are part of the Santa Ana River watershed area, and WHEREAS, AB 496 -Correa DOES NOT mandate that a majority of the conservancy board members come from elected positions that have greater accountability to the local public, and WHEREAS, AB 496 -Correa DOES NOT mandate that gubernatorial appointments be local elected officials who have greater accountability to the local public. NOW, THEREFORE, BE IT RESOLVED that the City of Diamond Bar hereby OPPOSES Assembly bill 496, the Santa Ana River conservancy Act, in its current form and supports the following amendments to AB 496 -Correa: 1. The area of the County of Los Angeles that lies within the boundary of the Santa Ana River watershed area shall be included as part of the "territory" of the Santa Ana River Conservancy. 2. A member of the Los Angeles County Board of Supervisors shall be appointed to the Santa Ana River Conservancy. 3. The San Gabriel Valley Council of Governments shall be allowed an appointment to the board of the Santa Ana River Conservancy. board, there should be sufficient representation including the Los Angeles Board of Supervisors and the San Gabriel Valley Council of Governments (COG). Since conservancy land acquisitions can create open space use that conflicts with the land use authority of local governments, cities and counties must be assured of adequate representation on the conservancy board. Additionally, language requiring the approval of local governments prior to the acquisition of land within their jurisdiction or sphere of influence belongs in the bill. Such language was included in the San Gabriel Rivers and Mountains Conservancy (SMRC) bill. Lastly, and perhaps most importantly, the proposed bill does not prohibit the use of eminent domain by the SARC. Similar language was successfully inserted in the San Gabriel Rivers and Mountains Conservancy bill (at the insistence of the local COG's) to protect cities, counties, and property owners. Unfortunately, conservancies have found creative ways to side step this restriction by forming joint powers authorities with agencies which do possess eminent domain powers. Thus, the last recommendation is to amend the SARC bill to include a restriction on joining IPA's possessing the power to take property. These amendments have been incorporated in the attached resolution. A similar resolution has been approved by the Los Angeles Division of the League of California Cities. A motion from Supervisor Knabe to support amendments to include Los Angeles County on the SARC board shall also be considered by the Board of County Supervisors this month. The Subcommittee recommends the City approve the attached resolution opposing the legislation in its current form. If approved by the City Council, the attached Resolution will be sent to the following: San Gabriel Valley Council of Governments; Assembly Appropriation Committee members; Assemblyman Bob Pacheco; Sen. Bob Margett; Assemblyman Lou Correa and Co-authors of AB 496; League of California Cities; Los Angeles County Board of Supervisors; City of Pomona; and City of Claremont. Reviewed by: Deputy City Manager Attachment: Proposed Resolution Opposing AB 496 4. The gubernatorial appointments to the Conservancy board shall be made from local elected city council members in the Santa Ana River watershed area. 5. Any land acquisition decision made by the Santa Ana River Conservancy shall be ratified by the city council(s) wherein said acquisition lies. 6. The Santa Ana River Conservancy shall not have the power of eminent domain, nor may any joint powers authority the Santa Ana River Conservancy may become a member of exercise the power of eminent domain. PASSED, APPROVED AND ADOPTED this 6th 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 6th day of May, 2003, by the following Roll Call vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Lynda Burgess, City Clerk City of Diamond Bar LEGEND: SAW P1 P•\nroierts\data ren 2003\diamond har\r•.ity man mxd SW -144 0 4.5 9 3 Miles 18 Claremont, Diamond Bar, Pomona within Santa Ana Watershed Agenda # 6.13.4 Meeting Date: May 6, 2003 TO: Honorable Mayor and Members VIA: Linda C. Lowry, City Manage TITLE: Consideration of a Letter of Support for SB 537 (Romero) - Solid Waste Management RECOMMENDATION: It is recommended that the City Council direct staff to prepare a letter of support. ANALYSIS: It is requested that the City Council consider support for SB 537 by Senator Romero relating to the Puente Hills landfill and Materials Recovery Facilities (MRF) within the county of Los Angeles. The Puente Hills landfill is scheduled to close in year 2013. Upon closure of the landfill, the LA County Sanitation District proposes to use rail to move its trash to two remote desert sites operated by the sanitation district. The sanitation district is currently permitted to build a 4,000 -ton a day materials recovery facility (MRF) on the far end of the Puente Hills landfill next to Rio Hondo Community College. The city of Industry who is adjacent to the landfill and MRF does not oppose the facility. Any City in LA County who has county territory within a mile should be concerned that the sanitation district may be looking to build a MRF that could move 16,000 tons a day or more. The largest trash rail loading facility in the world is located in Seattle and permits up to 5,000 tons per day. Because of the impact an MRF may have on surrounding communities this bill would require the sanitation district to receive permission from any city within LA County that would be within one mile of the proposed MRF. This legislation is not intended to harm the conditional use permit involved for the current MRF at the Puente Hills landfill site or any other site that is 5,000 tons or less per day. Our Sacramento lobbyist strongly recommends that we support this bill to protect all cities within LA County that have county pocket areas adjacent to it. The County Sanitation District Board recently took action to strongly oppose the State Senate Bill as it would possibly prohibit the creation and expansion of MRF facilities at the County landfill without the approval of local cities. Councilmember O'Connor representing the City on the Sanitation District voted in favor of local City control as advised by our City staff and our lobbyist. Councilmember O'Connor recommends that we look at adding language to the Bill to state that Cities could not site a MRF or an Intermodal facility within one -mile of a City without the approval from the adjacent City. Prepared by: Ja?rles DeSteiano Deputy City Manager Attachment - SB 537 County Sanitation District legislative Alert dated April 18, 2003 2 AMENDED IN SENATE MAY 1, 2003 AMENDED IN SENATE APRIL 9, 2003 SENATE BILL No. 537 Introduced by Senator Romero (Principal coauthor: Assembly Member Chavez) February 20, 2003 add Section 4741.05 to the Health and Safety Code, relating to solid waste. LEGISLATIVE COUNSEL'S DIGEST SB 537, as amended, Romero. Solid waste management: county saftitation districts Los Angeles County Sanitation District. The County Sanitation District Act authorizes a county sanitation district to acquire, construct, and complete certain works, property, or structures necessary or convenient for sewage collection, treatment, transfer, and disposal. Existing law prohibits a district from acquiring land for or establishing and operating a refuse transfer facility or disposal facility within a city or the unincorporated area of a county until the city council, if the facility is proposed to be located in the city, or the board of supervisors of the county, if the facility is proposed to be located in 97 P SB 537 -2 the unincorporated area of the county, has, by resolution, consented to the use of the proposed site for that purpose. would lifflit the aonlieafiett of that oravis Ek 000tilatieft Of 8.000.000 Of MORE Existing law requires specified procedures, such as notice, public hearings, and elections, prior to a district's acquisition of land for, or the construction or maintenance and operation of, a refuse transfer facility or a refuse disposal facility. This bill would ffiake these preeedtffes applieable to the fflatefial Existing law requires various permits for recycling of waste materials. This bill would require that if the Los Angeles County Sanitation District requests authorization under any permit to exceed 5% beyond 4, 000 tons per day of waste recycling at a material recycling facility in an unincorporated portion of Los Angeles County, that authorization may not be granted unless the city council of each of the cities located within one mile of that facility, by resolution, approves of the expansion. This bill would make legislative findings and declarations regarding the need for special legislation. Vote: majority. Appropriation: no. Fiscal committee: no. State -mandated local program: no. The people of the State of California do enact as follows: 1 SECT -!ON 1. Seetion 4741 of the 14ealt-ft aftd Safety Cade is 2 SECTION 1. Section 4741.05 is added to the Health and 3 Safety Code, to read. 4 4741.05. (a) Notwithstanding any other provision of law, if 5 the Los Angeles County Sanitation District requests authorization 6 under any permit to exceed 5 percent beyond 4, 000 tons per day 7 of waste recycling at a material recycling facility in an 8 unincorporated portion of Los Angeles County, that authorization 9 may not be granted unless the city council of each of the cities 10 located within one mile of that facility, by resolution, approves of 11 the expansion. 97 I -3 SB 537 1 (b) Nothing in this section shall be construed to impede the 2 ability of the Los Angeles County Sanitation District to facilitate 3 the transfer of waste by rail up to 4,000 tons per day from any 4 district facility. 5 SEC. 2. Due to the unique circumstances concerning the 6 County of Los Angeles, the Legislature finds and declares that a 7 general statute cannot be made applicable within the meaning of 8 Section 16 ofArticle IV of the California Constitution. Therefore, 9 this act is necessarily applicable only to Los Angeles County. 10 11 12 13 14 15 16 All matter omitted in this version of the bill appears in the bill as amended in the Senate April 9, 2003 (JR 11) 0 97 P SAN GABxm. VALLEY TRIBUNE Mormax, APRII, 28, 2003 A14 permits for a facility that limits capacity to a little over 4,000 tons per day. Why not just limit capacity for all facilities throughout the state? Perhaps because just as clearly, the senator seeks to give protection to the city of Industry at whose behest the legislation was crafted and to TATE Sen. Gloria Romero, D -Rosemead, has begun the neces- sary process of rewrit- ing well-intentioned but poorly executed legisla• lion that would have given cities and voters veto power over trash disposal next door. Not only would SB 537 have set a dangerous prece- dent for voter tr 1 fall con o State Sen. Gloria Romero development across juris- IS In the proce5S Of dictional lines, rewriting her well-inten- it would have killed waste- by-rail in its tracks. Given the limited amount of landfill space left in this or any county, that can't be allowed to happen. Face it, with the chance to say no, its not likely any one of us would voluntarily site a trash operation close by. To her credit, Romero went about rewriting the bill after a story in this newspa- per Friday exposed the con- fusing nature of the legisla- tion and the angry response of local governmental bodies. Overhaul is warranted. Already new language makes it clear that only facilities within the unincorporated portion of Los Angeles County would be affected. So far, that means the bill takes aim against the pro- posed materials recovery facility (MRF) or trash-sort- ing plant under construction at the Puente Hills Landfill site and any trash loading facility that may be built elsewhere under the direc- tion of the county Sanitation Districts. However, it still gives city councils within a mile of a materials recycling facility veto power over expansion in excess of 5 percent above a 4,000•ton-per•day limit. That remains the most troubling aspect of the legislation. It shouldn't be allowed to stand. Clearly, Romero wants to hold the county Sanitation Districts to its word and tinned SB 537. She is in an excellerlt position to offer meaningful legis- lation that makes each community responsible for its trash. d residents of the unincorpo- rated commu- nity of Hacienda Heights who have endured 20 -plus years of landfill operations at Puente Hills. At 1,365 acres and a trash volume of more than 13,000 tons per day, it is the largestlandfill in the nation. Industry officials want to limit the number of trash trucks rumbling through their town once the landfill closes in 2013 and the MRF begins operation. Limiting capacity limits traffic. But without other disposal operations, limiting capacity could be premature and such selective limitation could give other counties the green light to build bigger and per- haps "bader" operations. Another tack is needed. More than 9 million people reside in Los Angeles County. Virtually all con- tribute to the mountain of household waste generated daily, yet few have to worry about where their trash final- ly dumps. It's time the responsibility was better spread across the county. Legislation that would encourage clean, unobtrusive trash disposal operations such as that planned for Puente Hills would be more helpful. We encourage Romero to be the first to offer meaning- ful legislation that would make each community responsible for its trash. Solutions we could all live with, that should be the goal. T7 COUNTY SANITATION DISTRICTS OF LOS ANGELES COUNTY 1955 Workman Mill Road, Whittier, CA 90601-1400 Mailing Address P.O. Box 4998, Whittier, CA 90607-4998 Telephone: (562) 699-741 1, FAX. (562) 699-5422 www.locsd.org JAMES F. STAHL Chief Engineer and General Manager 1-1 April 18, 2003 n oards of Directors w -_0 County Sanitation Districts of N y _. Los Angeles County N zyrrMme! Dear Director: Legislative Alert - Senate Bill 537 - OPPOSE cn 0 0% State Senate Bill 537 (SB 537) by Senator Gloria Romero would prohibit establishment, operation and expansion of Sanitation Districts' solid waste facilities and operations in unincor- porated areas of Los Angeles County unless approval is granted by each city within one mile of the facility. The bill specifically includes in those prohibitions facilities essential to the implementation of a waste -by -rail system to serve Los Angeles County. As you are aware, the Boards of Directors have approved the implementation of a waste -by - rail system as proposed by the Sanitation Districts, with the management of the transition in costs from local landfills to waste -by -rail in the hands of the Directors. The key local facilities in this program which are not yet developed are the Puente Hills Materials Recovery Facility (MRF), which is currently under construction and the facilities to load the sealed containers from the MRF onto trains. SB 537 threatens the operation of the MRF and creates new roadblocks to the development of loading facilities necessary to complete the waste -by -rail system. SB 537 also disregards the existing environmental review process and poses a threat to the established authority ofjurisdictions over land use within their boundaries by creating a precedential override by adjacent jurisdictions. The Sanitation Districts are opposing this bill and will send a letter of opposition to Senator Romero and all the members of the Senate Environmental Quality Committee prior to the Committee hearing scheduled for April 28, 2003, in Sacramento. In addition, the Sanitation Districts will circu- late a resolution in opposition to SB 537 to members of its Boards of Directors. The resolution and signatures of the Directors will also be sent to the author and Committee members. I strongly encourage each city to also write to Senator Romero and members of the Senate Environmental Quality Committee and urge them to vote "no" on SB 537. Attached is a sample opposition letter for SB 537, which states the bill would have serious negative impacts on solid waste management in Los Angeles County in general and on the cost-effective implementation of rail haul specifically. Very truly yours, JFS:mah Enclosure _M M "'n0 ox, n rn April 17, 2003 The Honorable Byron Sher, Chair Committee on Environmental Quality California State Senate P.O. Box 942848 Sacramento, CA 94248-0001 Dear Senator Sher: Senate Bill 537 - Oppose Position The City of has reviewed Senate Bill 537 and strongly opposes the bill as amended on April 9, 2003. The bill would amend the County Sanitation District Act to significantly jeopardize existing solid waste management facilities and the proposed waste -by -rail system to serve Los Angeles County. These existing and future in -county facilities are needed to provide essential solid waste management for residents in cities and unincorporated areas of Los Angeles County. SB 537 also disregards the existing environmental review process and threatens the established authority of jurisdictions over land use within their boundaries by creating a precedential override by adjacent jurisdictions. The City of respectfully urges you to vote ..no" on SB 537. cc: Members of the Senate Committee on Environmental Quality Senator Gloria Romero Agenda # 7.1 Meeting Date: _May 6, 2003 CITY COUNCIL °° ' AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Review of Extended Stay America Retail/Commercial Development Project Review - A request for approval of Mitigated Negative Declaration No. 2002-07, General Plan Amendment No. 2002-01, Zone Change No. 2002-01, Specific Plan No. 2002-01, Development Review No. 2002-07, Conditional Use Permit No. 2002-05, and Tentative Parcel Map No. 26771; for property located at 850 Brea Canyon Road (APN 8719-013- 010) (Walnut Valley Trailer Park Property). (Continued from April 15, 2003) Background: On May 1, 2003 the applicants, Phil Williams for Extended Stay America and Al Anz, informed the City of their intent to withdraw the project application requests. As of this writing we are awaiting official written confirmation of their decision. Staff contacted the property owner to further corroborate the intent to withdraw the project. Although this matter is an advertised and continued public hearing, as a result of the project withdrawal there is no need to conduct the public hearing and no need for any further action by the City Council. The action by the applicant terminates the entitlement request process. Recommendation: It is recommended that the City Council receive and file the applicants request for withdrawal and tale no further action. pz_J Jaes DeStef no Deputy City Manager Attachment EXTENDED EFF I C I E N C Y STUDIO S Date: May 2, 2003 To: Mr. Jim DeStefano From: Phil Williams, Construction Manager Re: Request for Withdrawal of Application Jim, At this time, please withdraw our application for development at 850 Brea Canyon Road in the City of Diamond Bar. Our current contract with our Seller has expired and we were unable to negotiate an extension. We have spent close to $300,000 in development costs on this project and hope to revive it when the economic climate conditions change. Extended Stay America still feels that the market and location in Diamond Bar is one where we could be very successful. It is our hope that the project can be revived and brought back to life at some time in the near future. We thank the City of Diamond Bar for their cooperation, support and efforts with our application. Phil Williams Construction Manager 2525 Cherry Ave., #310 Signal Hill, CA 90755 (562)981-5891 (562) 997-0165 fax (562) 618-2293 cell cc: Dave Davenport, ESA Real Estate Manager Al Anz, BV Development Mario Tutino, CASCO Corporation Agenda: 8.1 Meeting Date: May 6, 2003 CITY COUNCIL AGENDA REPORT TO: VIA: Honorable Mayor and Members of the City Council Linda C. Lowry, City Manage TITLE: ADOPT RESOLUTION NO. 2003-3(X AMENDING RESOLUTION NO. 1996-41 C, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO AMEND THE PARKING PENALTY SCHEDULE AND LATE PAYMENT FEES. RECOMMENDATION: That the City Council approve and adopt Resolution No. 2003 -XX Amending Resolution No. 1996-41 C, A Resolution Of The City Council Of The City Of Diamond Bar To Amend The Parking Penalty Schedule And Late Payment Fees. BACKGROUND/DISCUSSION: The current City of Diamond Bar Parking Penalty Schedule was last amended in 1999 and established a blanket fee of $50 for all parking violations. On March 18, 2003, pursuant to Council's direction, staff was to return with an amendment to the Parking Penalty Schedule to lower the fee for street sweeping violations. This resolution would amend the Parking Penalty Schedule with the addition of "Failure to Obey Street Sweeping Parking Signs". With the adoption of this resolution, the penalty would be reduced to $30 per citation, $35 with delinquency notice, and $83 with DMV hold. The change to the Parking Penalty Schedule is highlighted in Exhibit "A", Page 1, Item No. 2. FINANCIAL IMPACT From September 16, 2002 through April 4, 2003, 6,233 citations have been issued. This is an approximate average of 890 parking citations issued per month. i Estimated Monthly Cost Breakdown The monthly number of citations issued varies from month-to-month. Sep 02 Oct 02 Nov 02 Dec 02 Jan 03 Feb 03 Mar 03 Apr 03 NO. OF CITES 844 909 620 591 1557 335 775 602 The month of January is higher due to weekly sweeping and February is significantly lower due to only one week of enforcement (the second week of sweeping was a holiday week). The following is the estimated monthly cost breakdown: FISCAL YEAR 2002-2003 $50 per Cite $30 per Cite Potential gross monthly amount (average 890 $44,500 $26,700 cites) * Monthly Expenses: Dismissal/void (3% = 27 cites x $50/$30) $1,350 $ 810 Administrative fees ($1.48 per cite x 890 cites) $1,317 $1,317 Judicial fees ($5 per cite x 890 cites) $4,450 $4,450 Administrative Review Fees 2% = 18 cites x $3) $ 54 $ 54 Administrative Hearing Fees JDS (2% = 18 cites x $5) $ 90 $ 90 La Verne Processing Fee (2% = 18 cites x $15) $ 270 $ 270 Hearing Officer (lump sum) $ 110 $ 110 CSO/Auto maintenance charges ($47,058 annual $3,921 $3,921 cost = 12 months) TOTAL MONTHLY EXPENSES $11,562 $11,022 TOTAL ANTICIPATED MONTHLY INCOME $32,938 $15,678 * See Attachment "A" for details. Additional start-up costs over and above monthly expenses: ^ CSO Vehicle Purchase $16,875 ^ Initial signage costs $12,000 ^ Additional costs to place signs at beginning and end of each street $100,000 TOTAL START-UP COSTS $128,875 2 When the additional 800 signs are installed at each entrance/end of every street, the number of citations issued should be reduced due to increased visibility. As residents and visitors become more cognizant of the program, it is anticipated that the revenues will decrease over time. However, costs will be slowly increased. In the following table, for FY 2003-2004, staff used 200 cites per month for informational purposes. ANNUAL PROJECTION FY 2003-04 $50 per Cite $30 per Cite Potential gross annual amount (average 2,400 $120,000 $72,000 cites) POTENTIAL GROSS MONTHLY INCOME (average $10,000 $6,000 200 cites) TOTAL MONTHLY EXPENSES $5,719 $5,599 TOTAL ANTICIPATED MONTHLY INCOME FY $4,281 $401 2003-04 At the fee rate of $30 per citation and a monthly expense amount of $5,599, a minimum of 190 citations per month would need to be issued in order to simply break even. For FY 2003-04, the budget for the Sheriff's CSO and expenses is anticipated to increase by 3% (approximately $80 per month). Additional increases could be incurred in the future from JDS for processing of the citations as cost of living increases are added in to the fees. PREPARED BY: Sharon Gomez, Management Analyst REVIEWED BY: XAU,6C&j** David G. Liu —at Director of Public Works Jhes DeStefno Deputy City M nager Attachments: Attachment "A" - Street Sweeping Enforcement Fees Resolution No. 2003 -XX Exhibit "A" -- City of Diamond Bar Parking Penalty Schedule 3 Attachment "A" PARKING CITATION ADMINISTRATIVE FEES Judicial Data Systems (JDS) is contracted by the City as our parking cite administrator. The Administrative Costs for processing the citations are: • $1.48 Judicial Data Systems • $5.00 Pomona Judicial District fee Additional charges will be incurred when the citation is appealed to the administrative review or hearing stage. There are relatively few citations that reach the administrative review or hearing stage (less than 2%). These additional charges are not recovered from the citee. The Administrative Review is performed by the City's Sheriff Team Leader. Although there are no additional costs incurred, these reviews take time away from other policing duties. The following is the additional appeal processing cost: • $3.00 JDS for Administrative Review processing fee The Administrative Hearing process is contracted through the City of La Verne. The Hearing Officer is a retired Police Captain and the baliff(s) are Community Patrol personnel. • $5.00 JDS for Hearing processing fee • $15.00 City of La Verne processing fee • $110.00 City of La Verne for adjudication by hearing officer per day To make the hearing process more citizen friendly, the City decided to bring the hearing officer to City Hall. The additional cost of $110 is to hold the hearings in Diamond Bar rather than Pomona. The citation fines are collected by JDS and deposited into the City's bank account. The collection timeline for the fee is as follows: • 21 days for issuance payment ($30) is due • 14 day grace period follows then reminder notice ($30+$5 penalty) is sent • 14 day grace period follows issuance of reminder notice • 49 days after the citation is issued the fine escalates ($83) and is sent to DMV for collection. The fine is then collected when the individual renews his/her vehicle's license plate registration. The City receives DMV hold revenue on a monthly basis from the State (however, amounts received vary significantly and are hard to determine a monthly amount). The DMV deducts a $3 handling fee for each collected citation with the balance due remitted to the City. RESOLUTION 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA AMENDING RESOLUTION NO. 1996-41C TO AMEND THE PARKING PENALTY SCHEDULE AND LATE PAYMENT FEES RECITALS (i) Section 40203.5 of the California Vehicle Code requires the City of Diamond Bar to establish parking penalties for parking violations and late payment penalties for parking violations. (ii) All legal prerequisites to the adoption of this resolution have occurred. RESOLUTION NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: 1. In all respects as set forth in the Recitals of this Resolution. 2. The City Council of the City of Diamond Bar hereby adopts as its parking penalty schedule that schedule attached hereto as Exhibit "A" together with each penalty and other fee amount set forth therein. 3. The parking penalty schedule adopted by the City Council in Resolution 96-41 (C) is hereby replaced in its entirety in this Resolution. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 6th day of May, 2003. Carol Herrera, Mayor ATTEST: Lynda Burgess, City Clerk 1 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 6th day of May, 2003, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: LYNDA BURGESS, City Clerk City of Diamond Bar 2 AMENDED EXHIBIT "A" CITY OF DIAMOND IIAR PARKING PENALTY SCHEDULE EFFECTIVE MAY 6, 2003 ADMINISTRATIVE FEES: Delinquency Notice Penalty $5.00 DMV Hold Penalty $48.00 Return Check Fee $15.00 PARKING PENALTIES: The following parking penalties are established for citations issued in the City of Diamond Bar by the Walnut Sheriffs Department. The first amount for each violation is the penalty if the citation is paid on "citation". The second amount is the parking penalty with the Delinquency Notice penalty. The largest amount is the parking penalty plus the Delinquency Notice penalty and the DMV Hold penalty. With With # Code Section Description Penalt Delinquency D.M.V. Notice Hold 1) DBMC 10.08.080 (a) Failure to Obey Parking Signs 50.00 55.00 103.00 2) DBMC 10.08.080 (b) Failure to Obey Street Sweeping Parking Signs 30.00 35.00 83.00 3) DBMC 10.08.100 Parking Space Markings 50.00 55.00 103.00 4) DBMC 10.16.110 Signs Limiting Parking Time Authorized in Certain 50.00 55.00 93.00 5) DBMC 10.16.120 Circumstances 45.00 50.00 98.00 Commercial Loading Zones 6) DBMC 10.16.130 Post Office Parking Restrictions 40.00 45.00 93.00 7) DBMC 10.16.140 Depositing Mail Restrictions 40.00 45.00 93.00 8) DBMC 10.16.200 Passenger Loading 45.00 50.00 98.00 9) DBMC 10.16.210 Alleys; Parking Limits 45.00 50.00 98.00 10) DBMC 10.16.220 Temporary Restrictions Authorized in Certain 45.00 50.00 98.00 11) DBMC 10.16.410 Circumstances 50.00 55.00 103.00 Parking Prohibited 32) DBMC 12) DBMC 10.16.440 Removal of Ignition Key when Parking 40.00 45.00 93.00 13) DBMC 10.16.450 Parking on Steep Grades 40.00 45.00 93.00 14) DBMC 10.16.460 Angle Parking 40.00 45.00 93.00 33) DBMC 15) DBMC 10.16.470 Double Parking 45.00 50.00 98.00 34) DBMC 16) DBMC 10.16.480 Parking Prohibitions for Specific Places; Council 45.00 50.00 98.00 Authority 1/2 Hour 36) DBMC 17) DBMC 10.16.490 Parking Prohibitions for Vehicles over Six Feet High,45.00 50.00 98.00 18) DBMC 10.16.500 Near Intersections 38) DBMC 50.00 98.00 47.00 39) DBMC Parking on Private Driveways or other Public and 45.00 147.00 19) DBMC 10.16.510 Private Property 452.00 50.00 98.00 10.16.190 Trailers or Semitrailers; Parking Requirements 42) DBMC Dual Roadways 45.00 147.00 20) DBMC 10.16.520 Parking between Curb and Adjacent Property 45.00 50.00 98.00 21) DBMC 10.16.530 Blocking Highway or Private Street 45.00 50.00 98.00 22) DBMC 10.16.540 Vehicles Transporting Hazardous Materials; Parking 335.00 360.00 408.00 23) DBMC 10.16.550 Restrictions CVC 4152.5 Foreign Vehicle Registration 30.00 35.00 50.00 98.00 45) CVC 4454(a) Registration Card Kept with Vehicle 30.00 Blocking Driveways on Private Streets 45.00 CVC 4457 Stolen, Lost or Damaged Cards and Plates CITY OF DIAMOND BAR 47) CVC 5200 Display of License Plate 30.00 35.00 PARKING PENALTY SCHEDULE 48) PAGE TWO 83.00 49) CVC 5201(t) Plates Clearly Visible 30.00 35.00 With With # Code Section Description Penalty Delinquency D.M.V. Notice Hold 24) DBMC 10.16.570 Parking Vehicles for Sale or Rent 45.00 50.00 98.00 25) DBMC 10.16.580 Special Hazard Areas; Parking Prohibition Authority 45.00 26) DBMC 10.16.590 Areas Adjacent to Schools 45.00 50.00 98.00 27) DBMC 10.16.600 Areas near Fire Hydrants on Private Roads 60.00 65.00 28) DBMC 10.16.620 Use of Assigned Parking Spaces 45.00 50.00 98.00 29) DBMC 10.16.630 Physically Handicapped Persons; Off -Street Parking 330.00 30) DBMC 10.16.660 Facilities 25.00 30.00 78.00 Taxicab Stands Use Restrictions 31) DBMC 10.16.830 Highway Parking Requirements when Meters I 32) DBMC 10.16.840 nstalled 25.00 30.00 78.00 Parking Lot Requirements when Meters Installed 33) DBMC 10.16.850 Deposit of Fees Required 45.00 50.00 34) DBMC 10.16.1310(a) Preferential Parking Districts -Penalty 50.00 35) DBMC 10.16.150(b) Commercial Vehicle Parking Exceeding 1/2 Hour 36) DBMC 10.16.150(b) Second Offense within 1 Year 147.00 37) DBMC 10.16.150(b) Third Offense within 1 Year 447.00 452.00 38) DBMC 10.16.150(c) Vehicle Exceeding 10,000 lbs. 47.00 39) DBMC 10.16.150(c) Second Offense within 1 Year 147.00 40) DBMC 10.16.150(c) Third Offense within 1 Year 447.00 452.00 41) DBMC 10.16.190 Trailers or Semitrailers; Parking Requirements 42) DBMC 10.16.190(a) Second Offense within 1 Year 147.00 43) DBMC 10.16.190(a) Third Offense within 1 Year 447.00 452.00 THE SCHEDULE OF PENALTIES FOR VIOLATION OF STANDING AND PARKING LAWS CONTAINED IN THE VEHICLE CODE OF THE STATE OFCALIFORNIA IS AS FOLLOWS: Registration/Equipment Violations: 44) CVC 4152.5 Foreign Vehicle Registration 30.00 35.00 83.00 45) CVC 4454(a) Registration Card Kept with Vehicle 30.00 35.00 46) CVC 4457 Stolen, Lost or Damaged Cards and Plates 30.00 47) CVC 5200 Display of License Plate 30.00 35.00 83.00 48) CVC 5201 Positioning of Plates 30.00 35.00 83.00 49) CVC 5201(t) Plates Clearly Visible 30.00 35.00 83.00 50.00 98.00 103.00 335.00 383.00 25.00 30.00 78.00 98.00 55.00 103.00 47.00 52.00 152.00 200.00 500.00 52.00 100.00 152.00 200.00 500.00 47.00 52.00 152.00 200.00 500.00 83.00 35.00 83.00 100.00 100.00 50) CVC 5202 Period of Display 30.00 35.00 83.00 51) CVC 5204(a) No Tabs 30.00 35.00 83.00 52) CVC 27155 Fuel Tank Caps 30.00 35.00 83.00 Registration/Equipment Violation upon proof of correction, penalty is reduced to $10.00 CITY OF DIAMOND BAR PARKING PENALTY SCHEDULE ith ith PAGE THREE California Vehicle Code Violations: D D li V M nquency # Code Section Description Penalty e Notice Hold 52) CVC 21113(a) Unlawful Parking -Public Grounds 45.00 50.00 98.00 53) CVC 22500(a) Parking within Intersection 45.00 50.00 98.00 54) CVC 22500(b) Parking on Crosswalk 45.00 50.00 98.00 55) CVC 22500(c) Parking/Safety Zone Marked with Red Paint 45.00 50.00 98.00 56) CVC 22500(d) Parking Fire Station Entrance 60.00 65.00 113.00 57) CVC 22500(e) Blocking Driveway 45.00 50.00 98.00 58) CVC 22500(f) Parking on Sidewalk 45.00 50.00 98.00 59) CVC 22500(g) Parking along Excavation 45.00 50.00 98.00 60) CVC 22500(h) Double Parking 45.00 50.00 98.00 6fl CVC 22500(i) Parking in Bus Zone 255.00 260.00 308.00 62) CVC 225000) Parking in Tunnel 45.00 50.00 98.00 63) CVC 22500(k) Parking on Bridge 45.00 50.00 98.00 64) CVC 22500(1) Blocking Disabled Access Ramp 250.00 255.00 303.00 65) CVC 22500.1 Additional Prohibited Stopping, Standing or 60.00 65.00 113.00 66) CVC 22502(a) Parking; Fire Lane 45.00 50.00 98.00 Parking 18" from Curb 67) CVC 22502(e) Curb Parking -One Way Roadway 45.00 50.00 98.00 68) CVC 22504(a) Unincorporated Area Parking 50.00 55.00 103.00 69) CVC 22505(a) State Highway Parking 45.00 50.00 98.00 70) CVC 22507.8(a) Disabled Parking -No Visible Placard/Plate 330.00 335.00 383.00 71) CVC 22507.8(b) Obstruction of Disabled Parking Space 330.00 335.00 383.00 72) CVC 22507.8(c) Parking -Disabled Crosshatches Boundary Lines 330.00 335.00 383.00 73) CVC 22510 Parking in Snow Removal Areas 45.00 50.00 98.00 74) CVC 22514 Fire Hydrants 60.00 65.00 113.00 75) CVC 22515 Unattended Vehicles 45.00 50.00 98.00 76) CVC 22516 Locked Vehicle 40.00 45.00 93.00 77) CVC 22517 Opening and Closing Doors 60.00 65.00 113.00 78) CVC 22520 Stopping on Freeway 35.00 40.00 88.00 79) CVC 22521 Parking upon or near Railroad Track 35.00 40.00 88.00 80) CVC 22522 Parking near Designated Sidewalk Access Ramps 280.00 285.00 333.00 81) CVC 22523(a)(b) Abandonment Prohibited 105.00 110.00 158.00 82) CVC 22526 Anti -Gridlock Act 60.00 65.00 113.00 83) CVC 22526 Second Offense -Anti Gridlock Act 105.00 110.00 158.00 84) CVC 22526 Third Offense -Anti -Gridlock Act 255.00 260.00 308.00 85) CVC 22951 Street and Alley Parking 40.00 45.00 93.00 86) CVC 23333 Stopping and Parking -Vehicular Crossing 37.00 42.00 90.00 87) CVC 25300(c)(e) Warning Device on Disabled or Parked Vehicle 37.00 42.00 90.00 88) CVC 3 1303(d) Parking Hazard -Waste Carrier -Residential District 355.00 360.00 408.00 89) CVC 357 12(a) Vehicle Exceeding 14,000 lbs. Posted 45.00 50.00 98.00