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STUDY SESSION:
CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
June 17, 2003
5:00 p.m. CC -8
Presentation by Caltrans re: State 57-60 Project
Public Comments:
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
INVOCATION: Ahmad H. Sakr, Ph.D, Islamic Education
Center
ROLL CALL: Council Members Chang, O'Connor, Zirbes,
Mayor Pro Tem Huff, Mayor Herrera
APPROVAL OF AGENDA: Mayor
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Certificate of Recognition to Stella Hatzfeld — Former Diamond Bar
Community Foundation Member.
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
JUNE 17, 2003 PAGE 2
and no action on such matters may take place.
5. SCHEDULE OF FUTURE EVENTS:
5.1 PLANNING COMMISSION MEETING — June 24, 2003 — 7:00 p.m.,
AQMD/Government Center Auditorium, 21865 E. Copley Dr.
5.2 CONCERT IN THE PARK (sponsored by the Diamond Bar Community
Foundation), "SoundBytes" (60's - 90's music) - June 25, 2003, 6:30 - 8
p.m., Sycamore Canyon Park, 22930 Golden Springs Dr.
5.3 PARKS AND RECREATION COMMISSION MEETING — June 26, 2003 —
7:00 p.m., Hearing Board Room, AQMD/Government Center, 21865 E.
Copley Dr.
5.4 CITY COUNCIL MEETING — July 1, 2003 — 6:30 p.m.,
AQMD/Government Center Auditorium, 21865 E. Copley Dr.
5.5 4T" OF JULY HOLIDAY — City Offices will be closed Friday, July 4, 2003 in
observance of Independence Day. Offices will reopen on Monday, July 7,
2003.
5.5 4T" OF JULY BLAST — July 4, 2003 — 6:30 p.m. - Fireworks display at 9:00
p.m., Sycamore Canyon Park, 22930 Golden Spgs. Dr.
6. CONSENT CALENDAR:
6.1 PLANNING COMMISSION MINUTES:
6.1.1 Regular Meeting of May 13, 2003 — Receive and File.
6.1.2 Regular Meeting of May 27, 2003 — Receive and File.
Requested by: Planning Division
6.2 WARRANT - Approve Warrant Registers dated June 5 and June 12, 2003,
totaling $1,904,774.96.
Requested by: Finance Division
6.3 ADOPT RESOLUTIONS PERTAINING TO GENERAL MUNICIPAL
ELECTION TO BE HELD ON NOVEMBER 4,2003:
(a) RESOLUTION NO. 2003-30 CALLING AND GIVING NOTICE OF
THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD
ON TUESDAY, NOVEMBER 4, 2003, FOR THE ELECTION OF CERTAIN
OFFICERS.
JUNE 17, 2003 PAGE 3
Recommended Action: Adopt.
(b) RESOLUTION NO 2003-31 REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF LOS ANGELES TO
CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 4, 2003 WITH SCHOOL ELECTIONS.
Recommended Action: Adopt.
(c) RESOLUTION NO. 2003-32 ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES
STATEMENTS SUBMITTED TO THE VOTERS AT AN ELECTION TO BE
HELD ON TUESDAY, NOVEMBER 4, 2003.
Recommended Action: Adopt.
Requested by: City Clerk
6.4 ADOPT RESOLUTION NO. 2003-33 APPROVING APPLICATION FOR
GRANT FUNDS IN THE AMOUNT OF $25,000 FOR THE CALIFORNIA
ENVIRONMENTAL PROTECTION AGENCY INTEGRATED WASTE
MANAGEMENT BOARD GRANT PROGRAM UNDER THE CALIFORNIA
TIRE RECYCLING ACT PROVIDING RESILIENT PLAYGROUND
SURFACING AS A COMPONENT OF THE STARSHINE PARK ADA
RETRO -FIT PROJECT.
Recommended Action: Adopt.
Requested by: Community Services Division
6.5 APPROVE CONTRACT AMENDMENT WITH DIVERSIFIED
PARATRANSIT, INC. FOR FY 2003-04 DIAMOND RIDE (DIAL -A -CAB)
SERVICE.
Recommended Action: Approve.
Requested by: Public Works Division
6.6 APPROVE EXTENSION OF CITY-WIDE GRAFFITI REMOVAL
CONTRACT WITH GRAFFITI CONTROL SYSTEMS FOR FY 2003-04 IN
THE AMOUNT OF $35,000.
Recommended Action: Approve.
Requested by: Neighborhood Improvement Division
JUNE 17, 2003 PAGE 4
6.7 REQUEST REFUND FROM METROPOLITAN WATER DISTRICT OF
SOUTHERN CALIFORNIA FOR FY 2002/03.
Recommended Action: Approve.
Requested by: City Council Legislative Subcommittee
6.8 ADOPT RESOLUTION NO. 2003-34 OPPOSING SB163 (ALARCON)
PERSONAL SERVICES CONTRACTING: COUNTIES AND CITIES.
Recommended Action: Adopt.
Requested by: City Council Legislative Subcommittee
6.9 ADOPT RESOLUTION NO. 2003-35 AMENDING RESOLUTION NO.
1999-77, REDUCING CIVIL PENALTIES FOR PLACEMENT OF TRASH
CONTAINERS WITHIN THE PUBLIC RIGHT OF WAY
Recommended Action: Adopt.
Requested by: Community Development
6.10 AWARD CONTRACT TO SAFEWAY SIGN COMPANY IN AN AMOUNT
OF $92,300 FOR STREET SWEEPING SIGNS AND AUTHORIZE $7,700
CONTINGENCY AMOUNT FOR PROJECT CHANGE ORDERS; FOR A
TOTAL AUTHORIZATION AMOUNT OF $100,000.
Recommended Action: Award.
Requested by: Public Works Division
6.11 APPROPRIATE $2,207.23 FROM THE STEVEN M. TAMAYA
MEMORIAL FUND FOR PURCHASE OF COMMUNITY/SENIOR
CENTER COMMEMORATIVE TILE, PARK BENCH AND ADDITIONAL
LANDSCAPING.
Recommended Action: Approve.
Requested by: City Manager
6.12 APPROVE CONTRACT AMENDMENT WITH GONZALEZ GOODALE
ARCHITECTS FOR ADDITIONAL LANDSCAPE DESIGN SERVICES
FOR COMMUNITY/SENIOR CENTER ($16,000) AND APPROPRIATE
FROM GENERAL FUND RESERVES.
JUNE 17, 2003 PAGE 5
Recommended Action: Approve.
Requested by: City Manager's Office.
6.13 a) ALLOCATE $182,719 FROM UNAPPROPRIATED PROP. C FUND
BALANCE; AWARD CONTRACT TO DYNALECTRIC IN THE AMOUNT
OF $491,576.20 FOR TRAFFIC SIGNAL MODIFICATION PROJECTS AT
GRAND AVE./SHOTGUN LN., BREA CANYON RD./LYCOMING ST.,
AND GOLDEN SPGS. DR./BALLENA DR., AND AUTHORIZE $93,142.80
CONTINGENCY AMOUNT FOR PROJECT CHANGE ORDERS; FOR A
TOTAL AUTHORIZATION AMOUNT OF $584,719.
Recommended Action: Allocate funds; increase CIP funds and Award.
(b) APPROVAL OF CONTRACT AMENDMENT WITH WARREN C. SIECKE
IN THE AMOUNT OF $33,600 FOR CONSTRUCTION
ADMINISTRATION AND INSPECTION SERVICES FOR TRAFFIC
SIGNAL MODIFICATION AT GRAND AVE./SHOTGUN LN., BREA
CANYON RD./LYCOMING ST., AND GOLDEN SPGS. DR./BALLENA
DR., AND AUTHORIZE $4,400 CONTINGENCY AMOUNT FOR
PROJECT CHANGE ORDERS, FOR A TOTAL AUTHORIZATION
AMOUNT OF $38,000.
Recommended Action: Approve.
Requested by: Public Works Division
6.14 EXTENSION OF CITY-WIDE LANDSCAPE MAINTENANCE WITH
TRUGREEN LANDCARE FOR FY 2003/04 IN THE AMOUNT OF
$196,118.50 WHICH INCLUDES A 3% C.P.I. INCREASE;
AUTHORIZATION OF $50,000 TO SERVE AS A CONTINGENCY FOR
ADDITIONAL WORK THAT MAY BE ASSIGNED AND ESTABLISHMENT
OF A 90 -DAY PROBATIONARY PERIOD THAT TRUGREEN LANDCARE
MUST PASS TO CONTINUE THIS CONTRACT BEYOND SEPTEMBER
30, 2003.
Recommended Action: Approve.
Requested by: Community Services Division
6.15 (a) ALLOCATE $39,617.40 FROM UNAPPROPRIATED GENERAL
FUND BALANCE; INCREASE CIP BUDGET BY THAT AMOUNT;
AWARD CONTRACT TO AMERICAN ASPHALT SOUTH, INC. IN THE
AMOUNT OF $402,861.40 FOR SLURRY SEAL AREA 5 PROJECT; AND
AUTHORIZE $35,170 CONTINGENCY AMOUNT FOR PROJECT
CHANGE ORDERS; FOR A TOTAL AUTHORIZATION AMOUNT OF
$438,031.40.
JUNE 17, 2003 PAGE 6
Recommended Action: Approve and award.
(b) ALLOCATE $356,906.47 FROM UNAPPROPRIATED GENERAL
FUND BALANCE; INCREASE CAPITAL IMPROVEMENT PROJECT
BUDGET BY THAT AMOUNT; APPROVE PLANS AND SPECS; AWARD
CONTRACT TO MANHOLE ADJUSTMENT, INC. IN THE AMOUNT OF
$339,910.92 FOR AREA 5 ARAM OVERLAY PROJECT, AND
AUTHORIZE $16,995.55 CONTINGENCY AMOUNT FOR PROJECT
CHANGE ORDERS; FOR A TOTAL AUTHORIZATION AMOUNT OF
$356,906.47.
Recommended Action: Approve and award.
Requested by: Public Works Division
6.16 (a) AWARD OF CONTRACT TO DYNALECTRIC IN THE AMOUNT
OF $285,484 FOR PATHFINDER ROAD SIGNAL IMPROVEMENTS,
AND AUTHORIZE $114,018 CONTINGENCY AMOUNT FOR PROJECT
CHANGE ORDERS; FOR A TOTAL AUTHORIZATION AMOUNT OF
$399,502.
Recommended Action: Award.
(b) AWARD OF CONTRACT TO WARREN C. SIECKE IN THE
AMOUNT OF $33,000 FOR ADMINISTRATION/INSPECTION OF
TRAFFIC SIGNAL IMPROVEMENTS AT PATHFINDER ROAD, AND
AUTHORIZE $4,000 CONTINGENCY AMOUNT FOR PROJECT
CHANGE ORDERS; FOR A TOTAL AUTHORIZATION AMOUNT OF
$37,000.
Recommended Action: Award.
Requested by: Public Works Division
7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be
heard
7.1 PUBLIC HEARINGS - LANDSCAPE ASSESSMENT DISTRICTS 38, 39,
AND 41.
7.1.1 ADOPT RESOLUTION NO. 2003-36 LEVYING AN ASSESSMENT
ON LANDSCAPING ASSESSMENT DISTRICT NO. 38.
JUNE 17, 2003 PAGE 7
Recommended Action: Adopt.
7.1.2 ADOPT RESOLUTION NO. 2003-37 LEVYING AN ASSESSMENT
ON LANDSCAPING ASSESSMENT DISTRICT NO. 39.
Recommended Action: Adopt.
7.1.3 ADOPT RESOLUTION NO. 2003-38 LEVYING AN ASSESSMENT
ON LANDSCAPING ASSESSMENT DISTRICT NO. 41.
Recommended Action: Adopt.
Requested by: Public Works Division
8. COUNCIL CONSIDERATION:
8.1 (a) ADOPT RESOLUTION NO. 2003-39 ADOPTING FISCAL
YEAR 2003-04 BUDGET.
Recommended Action: Adopt.
(b) ADOPT RESOLUTION NO. 2003-40: ADOPTING THE
STATEMENT OF INVESTMENT POLICY.
Recommended Action: Adopt.
(c) ADOPT RESOLUTION NO. 2003-41: SETTING THE
APPROPRIATIONS LIMIT FOR FISCAL YEAR 2003-2004.
Recommended Action: Approve: (1) L.A. County's population
percentage change for use in calculating the FY 2003-2004
Appropriations Limit; (2) the California Per Capita Income
percentage change in calculating the FY 2003-2004 Appropriations
Limit; and (3) adopt Resolution No. 2003-41.
(d) ADOPT RESOLUTION NO. 2003-42: SETTING FORTH
PERSONNEL RULES AND REGULATIONS EFFECTIVE JULY 1,
2003; RESCINDING RESOLUTION NO. 2002-51 IN ITS
ENTIRETY.
Recommended Action: Adopt.
(e) ADOPT RESOLUTION NO. 2003-43: ESTABLISHING
SALARY RANGES AND RATES FOR ALL CLASSES OF
EMPLOYMENT; RESCINDING RESOLUTION NO. 2002-52 IN ITS
JUNE 17, 2003 PAGE 8
ENTIRETY.
Recommended Action: Adopt.
Requested by: City Manager
8.2 APPROVE VALLEY VISTA SERVICES RATE INCREASE.
Recommended Action: Approve.
Requested by: Public Works Division
8.3 APPROVE WASTE MANAGEMENT RATE INCREASE.
Recommended Action: Approve.
Requested by; Public Works Division
8.4 REVIEW PROPOSED POLICIES TO RESOLVE STREET -TREE/
SIDEWALK CONFLICTS IN THE PUBLIC RIGHT-OF-WAY.
Recommended Action: Direct staff.
Requested by: Community Services Division
8.5 APPOINTMENT OF ONE MEMBER OF THE CITY COUNCIL TO
SERVE ON THE YOUTH MASTER PLAN STEERING
COMMITTEE.
Recommended Action: Appoint.
Requested by: Community Services Division
9. COUNCIL SUB -COMMITTEE REPORTS/ COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT: Tonight's meeting will be adjourned in memory of Ed
Biederman, Three Valleys Water District Board Member, "Terri" Tai Tsao May,
wife of Parks and Recreation Commissioner Andy Lui , and John R. Smith,
father of Sharon Gomez, Management Analyst.
CITY OF DIAMOND BAR
INTEROFFICE MEMORANDUM
TO: Mayor Herrera and Mayor Pro Tem Huff
FROM: Linda G. Magnuson, Finance Director A�
SUBJECT: Voucher Register, June 5, 2003
DATE: June 5, 2003
Attached is the Voucher Register dated June 5, 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 June 17, 2003.
The checks will be produced after the scheduled meeting time and any recommended changes
are made.
Please review and sign the attached.
CITY OF DIAMOND BAR
7lze attached listing of vouchers dated June 5, have �een
reviewed, approved, and recommended for payment. Payments are
hereby allowed from the following funds in these amounts
FUND
DESCRIPTION
PREPAID
VUUCHERS
TOTAL
001
FUNU
26,970.76
179,765.45
206,736.21
112
PROP A - TRANSIT
.00
1.2,050.61
12,050.61
115
lNTEGRATED WASTE MGT FUND
.00
29.98
29.98
125
COM UEV GRANT FUND
.00
4,009.00
4,009.00
126
CITIZENS OPT -PUBLIC GFTY
.00
2'150.19
2,150.19
138
LLAD FUND
.00
7,590.24
7,590.24
139
LLAD #39 FUND
.00
2,161.35
2,161.35
141
LLAD #41 FUND
2,345.02
2,345.02
.00
250
CAPDAL lMPRSV/PROJ FUND
736,936.20
40,895.00
777,831.20
�EPO�T FOR ALL FUNDS
25Q,996.84
763,9O6.96
1,014,903.80
APPROVED BY:
Finance Director
City Manager
-4-4-q t I- ---
Carol Heri-ura
Mayor
Mobbrt S. HAT
Mayor Wo Tem
CITY OF DIAMOND BAR
RUN DATE: 06/05/2003 11:45:37
VOUCHER REGISTER
PAGE: 1
DUE THRU: 06/05/2003
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO
INVOICE DESCRIPTION
AMOUNT
DATE CHECK
ADELPHIA
0014010-42125-CC503-42125
MODEM SVCS-COUNCIL
44.95
0014010-42125-CC303-42125
MODEM SVCS-COUNCIL
35.45
0014010-42125-CC203-42125
MODEM SVCS-COUNCIL
44.95
0014010-42125-CC403-42125
MODEM SVCS-COUNCIL
44.95
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
170.30
TOTAL DUE VENDOR
170.30
ADVANCED APPLIED ENGINEERING INC
2505510-46412-18703-46412
13110
12712 SIGNAL MODS-13/CYN/PTHFND
13,289.40
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
13,289.40
TOTAL DUE VENDOR
13,289.40
AGRICULTURAL COMM. WGHTS & MEASURES
0014431-45406--
12512
1806H TRAPPING SVCS-APR 03
841.72
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
841.72
TOTAL DUE VENDOR
841.72
MARINA ALFARO KIM
001-34780--
39575 RECREATION REFUND
58.00
001-34700--
43084 RECREATION REFUND
10.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
68.00
TOTAL DUE VENDOR
68.00
AMERICAN CLASSIC SANITATION
0015340-42130--
12420
98856 RENTAL-LORBEER SCH MAY
138.88
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
138.88
TOTAL DUE VENDOR
138.88
AMERICAN MINI STORAGE
0014090-42140--
5/16 RENTAL -STORAGE UNIT 112C
99.00
0014090-42140--
5/16 RENTAL -STORAGE UNIT 3710
10.00
0014090-42140--
5/16 RENTAL -STORAGE UNIT 1270
10.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
119.00
TOTAL DUE VENDOR
119.00
AMERICANA ART CHINA CO
0014090-41400--
12174
34616 ENGRAVE SVCS-C/LOGO MUGS
30.54
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
30.54
TOTAL DUE VENDOR
30.54
ELHAM ARABIAN
001-34760--
30930 RECREATION REFUND
7.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
7.00
TOTAL DUE VENDOR
7.00
CITY OF DIAMOND BAR
RUN DATE: 06/05/2003 11:45:37
VOUCHER REGISTER
PAGE: 2
DUE THRU: 06/05/2003
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO 4 INVOICE DESCRIPTION
AMOUNT DATE CHECK
AT&T
0014090-42125--
LONG DIST CHRS-GENERAL
39.28
0014090-42125--
LONG DIST CHRGS-GENERAL
17.23
0014D90-42125--
LONG DIST CHRS-GENERAL
93.86
0015340-42125--
LONG DIST CHRS-PARKS
19.64
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
170.01
TOTAL DUE VENDOR
170.01
AT&T WIRELESS SERVICES
0014415-42125--
CELL CHRGS-V/PATROL
26.12
0014411-42125--
CELL CHRGS-SHERIFF
26.12
0014090-42125--
CELL CHRGS-GENERAL
198.47
0014090-42125--
MEMO CREDIT
-31.34
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
219.37
TOTAL DUE VENDOR
219.37
BOISE CASCADE OFFICE PRODUCTS
0014090-41200--
P.O 12318 SUPPLIES -GENERAL
25.23
0014090-41200--
P.O 12318 SUPPLIES -GENERAL
249.59
0015510-41200--
P.O 12318 CREDIT MEMO-P/WORKS
-12.01
0015350-41200--
P.O 12318 SUPPLIES -RECREATION
25.70
6014050-41200--
P.O 12316 SUPPLIES -FINANCE
15.29
0015350-41200--
P.O 12318 SUPPLIES -RECREATION
20.57
0014090-41200--
P.O 12318 SUPPLIES -GENERAL
3.62
0015350-46250--
P.O 12316 SUPPLIES -RECREATION
326.17
0015350-41200--
P.O 12316 SUPPLIES -RECREATION
346.38
0015350-41200--
P.O 12318 SUPPLIES -RECREATION
26.88
0014040-41200--
P.O 12316 SUPPLIES -CITY CLERK
7.23
0015510-41200--
P.O 12318 SUPPLIES -PUBLIC WORKS
43.49
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
1,078.14
TOTAL DUE VENDOR
1,078.14
BONTERRA CONSULTING INC
001-23010--
3015 PROF.SVCS-FPL 2002-09
5,406.36
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
5,406.36
TOTAL DUE VENDOR
5,406.36
ROY BOORMAN
0015350-45300--
12835 CONTRACT CLASS -SPRING
270.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
270.00
TOTAL DUE VENDOR
270.00
BRIDGE GATE PARTNERS LP
001-23010--
REFUND REFUND -FPL 2000-37
17,783.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
17,783 -DO
TOTAL DUE VENDOR
17,783.00
CITY OF DIAMOND BAR
RUN DATE: 06/05/2003 11:45:37
VOUCHER REGISTER
PAGE:
3
DUE THRU: 06/05/2003
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO #
INVOICE DESCRIPTION AMOUNT
DATE CHECK
LISA CAGNOLATTI
001-34780--
25133 RECREATION REFUND
52.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
52.00
TOTAL DUE VENDOR
52-00
COCA
0015350-42330--
CCCA CONF-B ROSE
450.00
06/05/2003 55067
TOTAL PREPAIDS
450.00
TOTAL VOUCHERS
00
TOTAL DUE VENDOR
450.00
CITY OF LA VERNE
0014411-45405--
JAN 03-MAY03 PRKG CITE HRGS-FEB 03
650.00
0014411-45405--
JAN 03-MAY03 PRKG CITE HRGS-MAY 03
800.00
0014411-45405--
JAN 03-MAY03 PRKG CITE HRGS-MAR 03
110.00
0014411-45405--
JAN 03-MAY03 PRKG CITE HRGS-SAN 03
905-00
0014411-45405--
JAN 03-MAY03 PRKG CITE HRGS-APR 03
545.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
3,010.00
TOTAL DUE VENDOR
3,010.00
BARBARA CRAIG
001-34780--
42257 RECREATION REFUND
140.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
140.00
TOTAL DUE VENDOR
140.00
CRAIG CROTTY
0015558-45509--
01-03 PROF.SVCS-INSPECTION
150-00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
150.00
TOTAL DUE VENDOR
150.00
DANONE WATERS OF NORTH AMERICA INC
0014090-42130--
12110
4536695-61 EQ RENTAL-APR-MAY
10.50
0014090-41200--
12110
4536695-61 SUPPLIES-WATER APR-MAY
235.80
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
246.30
TOTAL DUE VENDOR
246.30
DAPEER ROSENBLIT & LITVAK LLP
0015210-44000--
12769
10068 LEGAL SVCS-NGHBORHD IMPV
2,592.10
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
2,592.10
TOTAL DUE VENDOR
2,592.10
DAVID EVANS AND ASSOCIATES,INC
2505310-46415-18502-46415
12116
123112 DESGN SVCS-SYC CYN PK
1,940.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
1,940.00
TOTAL DUE VENDOR
1,940.00
CITY OF DIAMOND BAR
RUN DATE: 06/05/2003 11:45:37
VOUCHER REGISTER
PAGE: 4
DUE THRU: 06/05/2003
PREPAID
FUND/SECT-ACCT-PROSECT-ACCT
PO #
INVOICE DESCRIPTION
AMOUNT DATE CHECK
DAY & NITE COPY CENTER
0015510-42110--
181171 PRINT SVCS -PUBLIC WORKS
77.16
0015510-42110--
181637 PRINT SVCS -PUBLIC WORKS
21.65
0015350-42110--
179910 PRINT SVCS -RECREATION
336.66
0015350-42110--
179956 PRINT SVCS -RECREATION
56.01
0015350-42110--
180200 PRINT SVCS -RECREATION
92.78
0015350-42110--
182762 PRINT SVCS -CPRS NEWSLTTR
219.75
0015350-42353--
179764 PRINT SVCS-B/DAY CELEB
4.31
0015350-42110--
180107 PRINT SVCS -RECREATION
2.15
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
810.47
TOTAL DUE VENDOR
810.47
MARIE DELORENZO
001-23002--
1771 PARK DEP REFUND -HERITAGE
50.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
50.00
TOTAL DUE VENDOR
50.00
DELTA CARE PMI
001-21104--
PP 10-11 JUNE 03 -DENTAL PREMIUMS
487.94
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
487.94
TOTAL DUE VENDOR
487.94
DELTA DENTAL
001-21104--
PP 10-11 JUN 03 -DENTAL PREMIUMS
1,276.49
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
1,276.49
TOTAL DUE VENDOR
1,276.49
YAO DENG
001-34780--
39717 RECREATION REFUND
32.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
32.00
TOTAL DUE VENDOR
32.00
CAROL DENNIS
0015210-44000--
13072
050803 PROF.SVCS-T&T MTG
200.00
0014040-44000--
12383
ABCC05132003 PROF.SVCS-CC MTG 5/13,20
700-00
0015350-44000--
12383
PRR052203 PROF.SVCS-P&R COMM 5/22
150.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
1,050.00
TOTAL DUE VENDOR
1,050.00
DIAMOND BAR BREAKFAST LIONS CLUB
001-23002--
1779 PARK DEP REFUND-REAGAN
50.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
50.00
TOTAL DUE VENDOR
50.00
CITY OF DIAMOND BAR
RUN DATE: 06/05/2003 11:45:37
VOUCHER REGISTER
PAGE: 5
DUE THRU: 06/05/2003
PREPAID
FUND/SECT-ACCT-PROSECT-ACCT
PO #
INVOICE DESCRIPTION AMOUNT DATE CHECK
DIAMOND BAR CHINESE AMERICAN ASSC
0014010-42325-CC503-42325
MTG-COUNCIL
120.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
120.00
TOTAL DUE VENDOR
120.00
DIAMOND BAR/WALNUT YMCA
1255215-42355-D9690102-42355
A12304
APR 03 CHILD CARE PROG-APR 03
1,746.00
1255215-42355-D9690202-42355
A12305
APR 03 DAY CAMP PROG-APR 03
313-00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
2,059.00
TOTAL DUE VENDOR
2,059.00
DIANA CHO & ASSOCIATES
1255215-44000-D9690602-44000
A12965
APR 03 CDBG CONSULTANT SVCS-APR
1,950-00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
1,950.00
TOTAL DUE VENDOR
1,950.00
DIVERSIFIED PARATRANSIT INC
1125553-45529--
12415
4/16-4/30 DIAMOND RIDE-4/16-4/30
12,050.61
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
12,050.61
TOTAL DUE VENDOR
12,050.61
DOG DEALERS, INC
0015350-45300--
12214
CONTRACT CLASS-SPRING
420.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
420.00
TOTAL DUE VENDOR
420.00-
MIKE EADS
0015350-45300--
13042
CONTRACT CLASS-SPRING
826.00
0015350-45300--
12327
CONTRACT CLASS-SPRING
470.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
1,296.00
TOTAL DUE VENDOR
1,296.00
EXCEL LANDSCAPE INC
1385538-45500--
12964
43890 LNDSCPE MAINT-DIST 38 MAY
2,360.26
1385538-45500--
12964
43868 LNDSCPE MAINT-DIST 38 APR
2,360.26
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
4,720.52
TOTAL DUE VENDOR
4,720.52
EXTERIOR PRODUCTS INC
0015350-45300--
13140
8 BANNERS-CONCERT IN PARK
3,226.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
3,226.00
TOTAL DUE VENDOR
3,226.00
CITY OF DIAMOND BAR
RUN DATE: 06/05/2003 11:45:37
VOUCHER REGISTER
PAGE: 6
DUE THRU: 06/05/2003
PREPAID
FUND/SECT-ACCT-PROSECT-ACCT
PO #
INVOICE DESCRIPTION
AMOUNT DATE CHECK
FEDERAL EXPRESS
1155515-42120--
4784837273 EXPRESS MAIL -WASTE MNGMT
29.98
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
29.98
TOTAL DUE VENDOR
29.98
ELSIE FIGUEROA
001-23002--
1769 PARK DEP REFUND -HERITAGE
200.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
200.00
TOTAL DUE VENDOR
200.00
FLINT TRADING
0015554-41300--
49223 SUPPLIES -ROAD MAINT
301.64
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
301.64
TOTAL DUE VENDOR
301.64
FOOD SYSTEMS INC.
0015510-42325--
5/28/03 MTG SUPPLIES-P/WORKS
35.07
0015510-42325--
5/21/03 MTG SUPPLIES-P/WORKS
35.08
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
70.15
TOTAL DUE VENDOR
70.15
MARGARET FRAZIER
0015350-45300--
12244
CONTRACT CLASS -SPRING
28.80
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
28.80
TOTAL DUE VENDOR
28.80
NANCY GABRIEL
001-34780--
48637 RECREATION REFUND
3.00
001-34780--
39195 RECREATION REFUND
3.00
001-34780--
31035 RECREATION REFUND
6.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
12.00
TOTAL DUE VENDOR
12.00
GFB FRIEDRICH & ASSOCIATES INC
1415541-44000--
12916
0305-28 PROF.SVCS-LLAD 41
1,367.19
1385538-44000--
12916
0305-28 PROF.SVCS-LLAD 38
1,367.19
1395539-44000--
12916
0305-28 PROF.SVCS-LLAD 39
1,367.19
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
4,101.57
TOTAL DUE VENDOR
4,101.57
STAN GONIA
0015350-45300--
A12215
CONTRACT CLASS -SPRING
720.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
720.00
TOTAL DUE VENDOR
720.00
CITY OF DIAMOND BAR
RUN DATE: 06/05/2003 11:45:37
VOUCHER REGISTER
PAGE= 7
DUE THRU: 06/05/2003
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO 4
INVOICE DESCRIPTION
AMOUNT DATE CHECK
JENNIFER GONZALES
0015350-45300--
CONTRACT CLASS -SPRING
90.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
90.00
TOTAL DUE VENDOR
90.00
DAVID J GRUNDY
0015350-44100--
P & R COMM -5/22
45-00
TOTAL PREPAIDS
•00
TOTAL VOUCHERS
45.00
TOTAL DUE VENDOR
45.00
HALL & FOREMAN,INC
0015510-45227--
12856
13-04-003 PROF.SVCS-INSPECTION
63.75
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
63.75
TOTAL DUE VENDOR
63.75
JESSICA HALL
0015350-45300--
12216
CONTRACT CLASS -SPRING
26.45
0015350-45300--
12989
CONTRACT CLASS -SPRING
422.10
0015350-45300--
12989
CONTRACT CLASS -SPRING
401.35
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
849.90
TOTAL DUE VENDOR
849.90
TONY HERNANDEZ
001-23002--
1770 PARK DEP REFUND-PANTERA
100.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
100.00
TOTAL DUE VENDOR
100.00
HIRSCH & ASSOCIATES INC
2505310-46415-15700-46415
13000
OOOIRE9 ADA RETRO FIT-SYC CYN PK
395.84
2505310-46415-15700-46415
13000
OOOIPB13 ADA RETRO FIT-SYC CYN PK
15,900-00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
16,295.84
TOTAL DUE VENDOR
16,295.84
HOME DEPOT
0015340-42210--
5011887 SUPPLIES-SYC CYN PK
158.33
0015510-41200--
7091954 SUPPLIES-P/WORKS
54.97
1264411-42200--
6282467 EQ MAINT-SHERIFF DEPT
292.36
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
505.66
TOTAL DUE VENDOR
505.66
.TAMES T HULL
0015350-45300--
12990
CONTRACT CLASS -SPRING
1,171.60
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
1,171.60
TOTAL DUE VENDOR
1,171.60
CITY OF DIAMOND BAR
RUN DATE: 06/05/2003 11=45:37
VOUCHER REGISTER
PAGE:
8
DUE THRU: 06/05/2003
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO 4
INVOICE DESCRIPTION AMOUNT
DATE CHECK
ICMA
0014030-42315--
242734 MEMBRSHP DUES -7/03-6/04
868.41
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
868.41
TOTAL DUE VENDOR
868.41
ICMA RETIREMENT TRUST -457
001-21108--
PP 12 JUN 03 -PAYROLL DEDUCTIONS
19,459.62
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
19,459.82
TOTAL DUE VENDOR
19,459.82
INLAND VALLEY DAILY BULLETIN
0014040-42115--
12280
87454 AD -NOTICE OF BID
93.45
0014040-42115--
12280
87836 AD -NOTICE OF BID
106.05
0014040-42115--
12280
205948 AD -NOTICE OF BID
95.55
0014040-42115--
12280
204276 AD -NOTICE OF BID
106.05
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
401.10
TOTAL DUE VENDOR
401.10
INTERNATIONAL PROTECTIVE SVCS INC
0014411-45410--
12698
069467 CROSSING GUARD SVCS -APR
7,890.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
7,890-00
TOTAL DUE VENDOR
7,690.00
STEFANIE JIMENEZ
001-23002--
1773 PARK DEP REFUND-REAGAN
50.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
50.00
TOTAL DUE VENDOR
50.00
JOE A GONSALVES & SON INC
0014030-44000--
12260
JUNE 03 LEGISLATIVE SVCS -JUN 03
3,000.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
3,000.00
TOTAL DUE VENDOR
3,000.00
KENSINGTON DIAMOND BAR LLC
1264411-42210--
13005
JUNE 03 CAM -SHERIFF S/CTR JUN
385.00
1264411-42140--
13005
JUNE 03 RENTAL -SHERIFF S/CTR JUN
1,225.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
1,610.00
TOTAL DUE VENDOR
1,610.00
KPRS CONSTRUCTION SERVICES INC
2505215-46420-13899-46420
12802
5/14/2003 CONSTRUCTION -COMM SR CNTR
669,942.00
06/05/2003 55069
001-20300--
RETENTION PAYABLE
-66,994.20
06/05/2003 55069
TOTAL PREPAIDS
602,947.60
TOTAL VOUCHERS
.00
TOTAL DUE VENDOR
602,947.80
CITY OF DIAMOND BAR
RUN DATE: 06/05/2003 11:45:37
VOUCHER REGISTER
PAGE: 9
DUE THRU: 06/05/2003
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO 4
INVOICE DESCRIPTION
AMOUNT
DATE CHECK
MIDORI KURAMOTO
001-34780--
42705 RECREATION REFUND
10.50
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
10.50
TOTAL DUE VENDOR
10.50
LETTER PERFECT SIGNS INCORP
0015340-42210--
5840 SIGNS -PAUL C GROW PARK
86.20
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
86.20
TOTAL DUE VENDOR
86.20
BO KIM
001-34780--
30012 RECREATION REFUND
84.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
84.00
TOTAL DUE VENDOR
84.00
NANCY LIN
001-34730--
1738 REFUND -MATURE DRIVING
10-00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
10.00
TOTAL DUE VENDOR
10.00
NANCY LYONS
0015350-44100--
P & R COMM -5/22
45.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
45.00
'DOTAL DUE VENDOR
45.00
MCE CORPORATION
0015554-45502--
12283
304054 ROAD MAINT-APR 03
14,887.31
0015554-45512--
12285
304054 STORM DRAIN MAINT-APR 03
374.24
0015554-45522--
13065
304054 RIGHT OF WAY -APR 03
20,896.73
0015554-45506--
12286
304054 STRIPING MAINT-APR 03
2,341.04
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
38,499.32
TOTAL DUE VENDOR
38,499.32
MITCHELL PEST CONTROL INC
0015340-42210--
13139
46629 PARK MAINT-HERITAGE PK
680.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
680.00
TOTAL DUE VENDOR
650.00
SUE MOORE
001-34730--
48857 RECREATION REFUND
16.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
16.00
TOTAL DUE VENDOR
16.00
CITY OF DIAMOND BAR
RUN DATE: 06/05/2003 11:45:37
VOUCHER REGISTER
PAGE:
10
DUE THRU: 06/05/2003
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO #
INVOICE DESCRIPTION AMOUNT
DATE CHECK
NEW WEST SIGNAL
0015554-45522--
13088
0249A-1 CONSTRUCT -WHEELCHAIR RAMP
2,223.08
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
2,223.08
TOTAL DUE VENDOR
2,223-08
WENDY O'GRAIN
001-34720--
1859 RECREATION REFUND
121.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
121.00
TOTAL DUE VENDOR
121.00
OLYMPIC STAFFING SERVICES
0015310-44000--
94117 TEMP SVCS -WK 5/18 CS
158.88
0015510-44000--
94117 TEMP SVCS -WK 5/18 PW
317.76
0015210-44000--
12949
93941 TEMP SVCS -WK 5/11
158.88
0015210-44000--
94280 TEMP SVCS -WK 5/25
635.52
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
1,271.04
TOTAL DUE VENDOR
1,271.04
LYNN OTSU
001-34780--
42299 RECREATION REFUND
21.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
21.00
TOTAL DUE VENDOR
21.00
P & D CONSULTANTS INC
1415541-44000--
A12363
48174770-14 LANDSCAPE MAINT-DIST 41
849.45
0015340-44000--
A12363
48174770-14 LANDSCAPE MAINT-MAY 03
1,415.75
1385538-44000--
A12363
48174770-14 LANDSCAPE MAINT-DIST 38
1,213.50
1395539-44000--
A12363
48174770-14 LANDSCAPE MAINT-DIST 39
566.30
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
4,045.00
TOTAL DUE VENDOR
4,045.00
PATHMARK TRAFFIC PRODUCTS
0015554-41300--
0024758 -IN SUPPLIES -ROAD MAINT
79-00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
79.00
TOTAL DUE VENDOR
79.00
PAYROLL TRANSFER
001-10200--
PP 12/03 PAYROLL TRANSFER -PP 12/03
92,300.00
06/05/2003 PP 12/03
TOTAL PREPAIDS
92,300.00
TOTAL VOUCHERS
-00
TOTAL DUE VENDOR
92,300.00
PERS RETIREMENT FUND
001-21109--
PP 12/03 RETIRE CONTRIB-EE
5,860-98
001-21109--
PP 12/03 SURVIVOR BENEFIT
53.01
001-21109--
PP 12/03 RETIRE CONTRIB-ER
3,900.06
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
9,814.05
TOTAL DUE VENDOR
9,814.05
CITY OF DIAMOND BAR
RUN DATE: 06/05/2003 11:45:37
VOUCHER REGISTER
PAGE:
11
DUE THRU: 06/05/2003
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO R
INVOICE DESCRIPTION AMOUNT
DATE CHECK
POSTMASTER
001-23010--
EXPRESS MAIL -FPL 2002-66
13.65
001-23010--
EXPRESS MAIL -FPL 2002-28
13.65
001-23010--
EXPRESS MAIL -FPL 2003-14
13.65
0014090-42120--
EXPRESS MAIL -GENERAL
17.85
001-23010--
EXPRESS MAIL -FPL 2002-64
13.65
001-23010--
EXPRESS MAIL -FPL 2002-05
13.65
001-23010--
EXPRESS MAIL -FPL 2003-08
13.65
001-23010--
EXPRESS MAIL -FPL 2002-64
13.65
001-23010--
EXPRESS MAIL -FPL 2003-09
13.65
001-23010--
EXPRESS MAIL -FPL 2002-05
13.65
TOTAL
PREPAIDS
.00
TOTAL
VOUCHERS
140.70
TOTAL
DUE VENDOR
140.70
R & D BLUEPRINT
2505510-46412-18703-46412
3621
PRINT SVCS-B/CYN/PATHFNDR
343.26
TOTAL
PREPAIDS
.00
TOTAL
VOUCHERS
343.26
TOTAL
DUE VENDOR
343.26
R F DICKSON COMPANY
0015554-45501--
12113
1143210 ST SWE&PING-APR 03
7,500.00
TOTAL
PREPAIDS
•00
TOTAL
VOUCHERS
7,500.00
TOTAL
DUE VENDOR
7,500.00
RALPHS GROCERY COMPANY
0014090-42325--
12179
10334308 SUPPLIES -GENERAL
19.23
TOTAL
PREPAIDS
.00
TOTAL
VOUCHERS
19.23
TOTAL
DUE VENDOR
19.23
REINBERGER PRINTWERKS
0014090-42110--
12320
12684
PRINT SVCS -ENVELOPES
147.50
TOTAL
PREPAIDS
.00
TOTAL
VOUCHERS
147.50
TOTAL
DUE VENDOR
147.50
RENAISSANCE ESMERALDA RESORT
0014010-42330-CC403-42330
CCCA CONF-COUNCIL
607.48
06/05/2003 55068
0015350-42330--
CCCA CONF-B ROSE
607.48
06/05/2003 55068
TOTAL
PREPAIDS
1,214.96
TOTAL
VOUCHERS
.00
TOTAL
DUE VENDOR
1,214.96
SAN GABRIEL VALLEY TRIBUNE
0014040-42115--
12281
C1292
AD -NOTICE TO BID
107.52
0014040-42115--
12281
63016
AD -NOTICE TO BID
98.28
0014040-42115--
12281
97710
AD -NOTICE TO BID
107.52
0014040-42115--
12281
63288
AD -NOTICE TO BID
96.60
TOTAL
PREPAIDS
.00
TOTAL
VOUCHERS
409.92
TOTAL
DUE VENDOR
409.92
CITY OF DIAMOND BAR
RUN DATE: 06/05/2003 11:45:37
VOUCHER REGISTER
PAGE: 12
DUE THRU: 06/05/2003
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO #
INVOICE DESCRIPTION AMOUNT DATE CHECK
SECTRAN SECURITY INC
0014090-44000--
A12287
6111 COURIER SVCS -JUNE 03
242.40
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
242.40
TOTAL DUE VENDOR
242-40
JERRYL LYNN SHORT
0015350-45300--
12221
CONTRACT CLASS -SPRING
1,185.60
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
1,185.60
TOTAL DUE VENDOR
1,185.60
WARREN SIECKE
2505510-46412-16701-46412
12662
5101 TRFFC SIGNAL SVCS -MAY 03
235.13
2505510-46412-16601-46412
12662
5101 TRFFC SIGNAL SVCS -MAY 03
235.13
0015551-45222--
12906
5102 PROF.SVCS-CONG MG PGM
81.00
2505510-46412-17502-46412
A11735
5086 DESGN SVC-COM/SR CPR SGNL
8,086.00
2505510-46412-16801-46412
12662
5101 TRFFC SIGNAL SVCS -MAY 03
235.12
0015554-44520--
12324
5100 TRFFC ENG SVCS -MAY 03
1,313.50
2505510-46412-14399-46412
12662
5101 TRFFC SIGNAL SVCS -MAY 03
235.12
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
10,421.00
TOTAL DUE VENDOR
10,421.00
SIGNAL MAINTENANCE INCORPORATED
0015554-45507--
12325
A1217765 SIGNAL MAINT-D/B/HGHLND V
165.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
165.00
TOTAL DUE VENDOR
165.00
LINO C SIONGCO
001-23002--
1778 PARK DEP REFUND -PETERSON
50.00
TOTAL PREPAIDS
•00
TOTAL VOUCHERS
50.00
TOTAL DUE VENDOR
50.00
SIR SPEEDY
0015510-42110--
23487 PRINT SVCS -PUBLIC WORKS
189.98
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
189.98
TOTAL DUE VENDOR
189.98
SO COAST AIR QUALITY MANAGEMENT DIS
0014090-42140--
12262
,TUNE 03 RENT -CITY HALL JUN 03
20,598.90
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
20,598.90
TOTAL DUE VENDOR
20,598.90
JENNY SONG
001-34740--
1819 RECREATION REFUND
59.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
59.00
TOTAL DUE VENDOR
59-00
CITY OF DIAMOND BAR
RUN DATE: 06/05/2003 11:45:37
VOUCHER REGISTER
PAGE: 13
DUE THRU: 06/05/2003
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO
INVOICE DESCRIPTION AMOUNT
DATE CHECK
SOUTHERN CALIFORNIA EDISON
1264411-42126--
ELECT SVC-SHERIFF'S S/CTR
201.52
1395539-42126--
ELECT SVCS-DIST 39
227.86
0015340-42126--
ELECT SVCS-PARKS
3,730.09
1385538-42126--
ELECT SVCS-DIST 38
264.34
1385538-42126--
ELECT SVCS-DIST 38
24.69
0015510-42126--
ELECT SVCS-TRFFC CONTRL
37.24
0015519-42126--
ELECT SVCS-TRFFC CONTRL
36.31
0015510-42126--
ELECT SVCS-TRFFC CONTRL
103.57
0015510-42126--
ELECT SVCS-TRFFC CONTRL
131.69
0015510-42126--
ELECT SVCS-TRFFC CONTRL
170.59
1415541-42126--
ELECT SVCS-DIST 41
128.38
0015510-42126--
ELECT SVCS-TRFFC CONTRL
37.97
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
5,094.25
TOTAL DUE VENDOR
5,094.25
SPORT SUPPLY GROUP INC
0015340-42210--
91176560 SUPPLIES-PARKS
190.74
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
190.74
TOTAL DUE VENDOR
190.74
SUBWAY
0015510-42325--
5/28/03 MTG SUPPLIES-P/WORKS
14.97
0015510-42325--
5/21/03 MTG SUPPLIES-P/WORKS
14.97
0014090-42325--
12210
5/27/2003 MTG SUPPLIES-GENERAL
14.97
0014090-42325--
12210
5/19/2003 MTG SUPPLIES-GENERAL
9.98
0014090-42325--
12210
5/20/2003 MTG SUPPLIES-GENERAL
14.97
001409D-42325--
12210
5/22/2003 MTG SUPPLIES-GENERAL
9.98
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
79.84
TOTAL DUE VENDOR
79.84
SHARI DORAN TAVAREZ
0015350-45305--
13122
6.25.03 PERFORMANCE-CONCERT IN PK
800-00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
800.00
TOTAL DUE VENDOR
800.00
THE BUCKBOARD CATERING CO.
0015350-41200--
TMC2074-2 DEPOSIT-SENIOR EVENT
465.04
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
465-04
TOTAL DUE VENDOR
465.04
MARTIN TORRES
001-34780--
41666 RECREATION REFUND
5.00
0015350-44100--
P & R COMM-5/22
45.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
50.00
TOTAL DUE VENDOR
50.00
CITY OF DIAMOND BAR
RUN DATE: 06/05/2003 11:45:37
VOUCHER REGISTER
PAGE:
14
DUE THRU: 06/05/2003
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO #
INVOICE DESCRIPTION AMOUNT
DATE CHECK
TRUELINE
0015340-42210---
13106
PARK MAINT-BSKTBLL COURTS
1,670.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
1,670.00
TOTAL DUE VENDOR
1,670.00
U S BANK NA
250-20300--
153492864324 RETENTION PAYABLE
66,994.20
06/05/2003 55070
TOTAL PREPAIDS
66,994.20
TOTAL VOUCHERS
.00
TOTAL DUE VENDOR
66,994.20
UNITED TRAFFIC SERVICES SUPPLY
0015554-41300--
4581 SUPPLIES -ROAD MAINT
378.88
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
378.88
TOTAL DUE VENDOR
378.88
URBAN ENTOMOLOGY ASSOCIATION
0015558-45509--
341 BEE REMOVAL -MAY 03
125.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
125.00
TOTAL DUE VENDOR
125.00
URBAN LAND INSTITUTE
0015210-42315--
183648 MEMBRSHP DUES-DESTEFANO
170.00
TOTAL PREPAIDS
.DO
TOTAL VOUCHERS
170.00
TOTAL DUE VENDOR
170.00
VALLEY CREST LANDSCAPE INC.
0015340-45300--
13001
1077665 MAINT-PETERSON PK
2,100.00
0015340-45300--
13001
1077664 MAINT-PETERSON PK
2,400.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
4,500.00
TOTAL DUE VENDOR
4,500.00
VERIZON CALIFORNIA
0014090-42125--
909UH02676 PH.SVCS-INTERNET CONNECTN
798.07
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
79B.07
TOTAL DUE VENDOR
798.07
VERIZON WIRELESS MESSAGING SVCS
0014090-42125--
LB418988DF PAGER SVCS -6/1-8/31
432.34
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
432.34
TOTAL DUE VENDOR
432.34
CITY OF DIAMOND BAR
RUN DATE: 06/05/2003 11:45:37
VOUCHER REGISTER
PAGE:
15
DUE THRU: 06/05/2003
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO # INVOICE DESCRIPTION
AMOUNT
DATE CHECK
VERIZON WIRELESS-LA
0014440-42125--
CELL CHRGS-EMERG PREP
244.11
0014090-42125--
CELL CHRGS-POOL VEH
46.89
1264411-42125--
CELL CHRGS-SHERIFF
46.31
0014415-42125--
CELL CHRGS-V/PATROL
14.93
0014090-42125--
CELL CHRGS-GENERAL
171.23
0014010-42125-CC403-42125
CELL CHRGS-COUNCIL
46.89
0014030-42125--
CELL CHRGS-CMGR
46-89
0014010-42125-CC203-42125
CELL CHRGS-COUNCIL
46.89
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
664.14
TOTAL DUE VENDOR
664.14
JIAN WANG
001-34780--
41732 RECREATION REFUND
88.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
88.00
TOTAL DUE VENDOR
88.00
SHWULING WANG
001-34780--
1737 RECREATION REFUND
51.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
51.00
TOTAL DUE VENDOR
51.00
WELLS FARGO CARD SERVICES
0014010-42330-CC103-42330
LEAGUES CONF-COUNCIL
207.00
0014010-42325-CC303-42325
MTG-CDUNCIL
18.60
0014030-42330--
MTGS-DOYLE
31.39
0014030-42330--
MEMO CREDIT-CMGR
-125.27
0014030-42325--
MTGS-DOYLE
243.43
0014030-42325--
MTGS-CMGR
137.30
0014010-42325--
MTGS-COUNCIL
128.31
0414411-42325--
SHERIFF MADD CONF-4/23
65.00
0014030-42330--
ICSC CONE-CMGR
216.91
0014010-42330-CC203-42330
ICSC CONF-COUNCIL
216.91
0014010-42330-CC303-42330
ICSC CONF-COUNCIL
425.91
TOTAL PREPAIDS
•00
TOTAL VOUCHERS
1,565.49
TOTAL DUE VENDOR
1,565.49
PAUL WRIGHT
0014090-44000--
12208 A/V SVCS-P/C,CC MTG
210.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
210.00
TOTAL DUE VENDOR
210.00
REPORT TOTAL PREPAIDS
763,906.96
REPORT TOTAL VOUCHERS
250,996.84
REPORT TOTAL
1,014,903.80
CITY OF DIAMOND BAR
INTEROFFICE MEMORANDUM
TO: Mayor Herrera and Mayor Pro Tem Huff
FROM: Linda G. Magnuson, Finance Director
SUBJECT: Voucher Register, June 12, 2003
DATE: June 12, 2003
Attached is the Voucher Register dated June 12, 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 June 17, 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 BAR
VOUCHER R�GISTER APPROVAL
The aLtached 1isting of vouchers dated June 12, 2003 have be�n
reviewed, approved, and recommended for payment. Payments are
hereby al.lowed from the following funds in these amounts
FUND
DESCRIPTION
PREPAID
VOUCHERS
TDTALL
0O1
GENERAL FUND
.00
57,718.19
57,718.19
011
COM DRGAN��ATION SUPPORT
.00
500
00
50O.00
I 12
PROP A - TRANSIT FUND
.00
952.50
95
50
138
LLA� �38 FUND
.00
9,902.90
9,9O2.90
139
LLAD #39 FIVE!.00
5,658.78
5,658'78
141
LLAD #41 FUND
.00
3,456.79
3,456.79
250
CAPJTAL IMPROV/PROJ FUND
.00
811,682.00
"DI 1,682.0�
REPORT FOR ALL FUNDS
.00
889,871.1�
889,871.l6
APPROVED BY:
Linda 13. TMIT-1111)uson
Finance Director
�7
City Manager
Carol Herrera
Mayor
Mayor Pro Tem
CITY OF DIAMOND BAR
RUN DATE: 06/11/2003 16:19:14
VOUCHER REGISTER
PAGE: 1
DUE THRU: 06/12/2003
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO #
INVOICE DESCRIPTION AMOUNT DATE CHECK
AMERICAN CLASSIC SANITATION
0015340-42130--
12420
101885 RENTAL-LORBEER MIDDLE SCH
138.88
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
138.88
TOTAL DUE VENDOR
138.88
BULK TRANSPORTATION
001-23002--
53093 PARK DEP REFUND-SYC CYN
50.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
50.00
TOTAL DUE VENDOR
50.00
CALVARY CHAPEL/POMONA VALLEY
001-23002--
53091 PARK DEP REFUND-PANTERA
50.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
50.00
TOTAL DUE VENDOR
50.00
CAPIO
0014095-42315--
MEMBRSHP DUES-BLAKEY
175.00
TOTAL PREPAIDS
00
TOTAL VOUCHERS
175.00
TOTAL DUE VENDOR
175.00
JAMES B CLARKE
0014030-44000--
13119
5/30/03 LEGISLATIVE SVCS -WK 5/30
940.00
0014030-42330--
5/30/03 REIMB-LEAGUE MTG
366.33
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
1,306.33
TOTAL DUE VENDOR
1,306.33
CPRS
0015350-42315--
101037 MEMBRSHP DUES -R ROSE
140.00
0015350-42315--
101037 MEMBRSHP DUES -S WEST
145.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
285.00
TOTAL DUE VENDOR
285.00
CRIDAD CUESTA
001-34760--
.00
001-34760--
1896 RECREATION REFUND
95.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
95.00
TOTAL DUE VENDOR
95.00
CAROL DENNIS
0014030-44000--
12383
DRCF051503 PROF -SVCS -COMM FNDTN MTG
% 125.00
TOTAL PREPAIDS
-/ .00
TOTAL VOUCHERS
125.00
TOTAL DUE VENDOR
125.00
CITY OF DIAMOND BAR
RUN DATE: 06/11/2003 16:19:14
VOUCHER REGISTER
PAGE: 2
DUE THRU: 06/12/2003
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO #
INVOICE DESCRIPTION
AMOUNT DATE CHECK
DIAMOND BAR CHAMBER OF COMMERCE
0014095-42115--
12822
3000 PUBLICATION -JUN 03
1,000.00
0015240-45000--
12822
3002 CONTRACT SVCS -JUN 03
2,000.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
3,000.00
TOTAL DUE VENDOR
3,000.00
DIAMOND BAR INTERNATIONAL DELI
0014090-42325--
12847
3359 SUPPLIES-CNCL MTG 6/3
195.00
TOTAL PREPAIDS
00
TOTAL VOUCHERS
195.00
TOTAL DUE VENDOR
195.00
DIAMOND BAR SENIOR CITIZENS CLUB
0015350-42353--
RIDE 5 PROCEEDS-B/DAY CELEB
400.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
400.00
TOTAL DUE VENDOR
400-00
DIAMOND RANCH PANTHER PRIDE ASSC
0114010-42355--
COMMUNITY ORG SUPPORT
500.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
500.00
TOTAL DUE VENDOR
500.00
EVERGREEN INTERIORS
0014090-42210--
12366
MAY 03 PLANT MAINT-MAY 03
200.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
200.00
TOTAL DUE VENDOR
200.00
FEDERAL EXPRESS
0014090-42120--
474576295 EXPRESS MAIL -GENERAL
64.23
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
64.23
TOTAL DUE VENDOR
64.23
REGINA GOMAR
001-23002--
2027 PARK DEP REFUND-REAGAN
50.00
TOTAL PREPAIDS
,00
TOTAL VOUCHERS
50.00
TOTAL DUE VENDOR
50.00
GRAND MOBIL
0015230-42200--
21106 VEH MAINT-NGBRHD IMP
441-76
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
441.76
TOTAL DUE VENDOR
441.76
GRAPHICS UNITED
0014095-42110--
12763
9470 PRINT SVCS -CITY NEWS JUN
1,402.55
0014095-42121--
12763
9470 MAIL SVCS -CITY NEWS JUN
660.00
TOTAL PREPAIDS
,00
TOTAL VOUCHERS
2,062.55
TOTAL DUE VENDOR
2,062.55
CITY OF DIAMOND BAR
RUN DATE: 06/11/2003 16:19:14
VOUCHER REGISTER
PAGE: 3
DUE THRU: 06/12/2003
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO #
INVOICE DESCRIPTION
AMOUNT DATE CHECK
DAVID J GRUNDY
0015350-44100--
5/27/2003 P & R COMM -5/27
45.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
45.00
TOTAL DUE VENDOR
45.00
INLAND EMPIRE STAGES
0015350-45310--
13116
8242 EXCURSION -LA TOUR
1,290.00
0015350-45310--
13115
8251 EXCURSION -QUEEN MARY
924.00
1125360-45310--
13116
8242 TRANSPORTATION -LA TOUR
517.50
1125360-45310--
13115
8251 TRANSPORTATION -QUEEN MARY
435.00
TOTAL PREPAIDS
,00
TOTAL VOUCHERS
3,166.50
TOTAL DUE VENDOR
3,166.50
JENKINS & HOGIN, LLP
0014020-44020--
11018 GEN LEGAL SVCS-P/WOKS
555.00
0014020-44020--
11016 GEN LEGAL SVDS-COM DEV
780.00
0014020-44020--
11015 GEN LEGAL SVCS -MAY 03
2,610.00
0014020-44020--
11017 GEN LEGAL SVCS -COMM SVCS
120.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
4,065-00
TOTAL DUE VENDOR
4,065.00
BETTY JENNINGS
001-34720--
43721 RECREATION REFUND
5.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
5-00
TOTAL DUE VENDOR
5.00
KENS HARDWARE
0015350-41200--
SUPPLIES -GENERAL
75.54
0015340-42210--
SUPPLIES -PARK MAINT
105.30
0015350-41200--
MEMO CREDIT -GENERAL
-11.20
0015350-41200--
SUPPLIES -GENERAL
29.88
0015340-42210--
SUPPLIES -PK MAINT
262.76
0015350-42353--
SUPPLIES-B/DAY CELEB
64.12
TOTAL PREPAIDS
-00
TOTAL VOUCHERS
526.40
TOTAL DUE VENDOR
526.40
KPRS CONSTRUCTION SERVICES INC
250-20300--
6/9/03 RETENTION PAYABLE
-81,166.20
2505215-46420-13899-46420
12802
6/9/03 CONSTRUCTION -COMM SR CNTR
811,682.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
730,513.80
TOTAL DUE VENDOR
730,513.80
KUSTOM IMPRINTS INCOPR
0015350-41200--
71944 SUPPLIES -RECREATION
498.11
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
498.11
TOTAL DUE VENDOR
498.11
CITY OF DIAMOND BAR
RUN DATE: 06/11/2003 16:19:14
VOUCHER REGISTER
PAGE: 4
DUE THRU: 06/12/2003
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO #
INVOICE DESCRIPTION
AMOUNT DATE CHECK
LEWIS ENGRAVING INC
0014090-42113--
12319
11383 ENGRAVING SVCS -CITY TILE
18.40
TOTAL PREPAIDS
,00
TOTAL VOUCHERS
18.40
TOTAL DUE VENDOR
18.40
LIVE SOUND CONCEPTS
0015350-45305--
13137
6/25/03 SOUND SYS -CONCERT IN PK
490.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
490.00
TOTAL DUE VENDOR
490.00
NANCY LYONS
0015350-44100--
5/27/2003 P & R COMM -5/27
45.00
TOTAL PREPAIDS
_00
TOTAL VOUCHERS
45.00
TOTAL DUE VENDOR
45.00
AMY MCCOLLUM
001-23002--
2030 PARK DEP REFUND-PANTERA
50.00
TOTAL PREPAIDS
_00
TOTAL VOUCHERS
50.00
TOTAL DUE VENDOR
50.00
JIM MCDOW
0015340-42210--
13565 CONCRETE REMOVED-REAGAN
180.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
180.00
TOTAL DUE VENDOR
180-00
OLYMPIC STAFFING SERVICES
0015310-44000--
94600 TEMP SVCS -WK 6/1
158.88
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
158.88
TOTAL DUE VENDOR
158.BB
ORANGE COAST FENCING ACADEMY CORP
0015350-45300--
12253
CONTRACT CLASS -SPRING
120.00
TOTAL PREPAIDS
,00
TOTAL VOUCHERS
120.00
TOTAL DUE VENDOR
120.00
REINBERGER PRINTWERKS
0014095-42110--
12740
12716 PRINT SVCS -COMM REC GUIDE
9,977.00
TOTAL PREPAIDS
,00
TOTAL VOUCHERS
9,977.00
TOTAL DUE VENDOR
9,977.00
KRISTINE RUIZ
001-23002--
1924 PARK DEP REFUND-SYC CYN
50.00
001-36610--
1924 PARK DEP REFUND-SYC CYN
25-00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
75.00
TOTAL DUE VENDOR
75.00
PAGE: 5
PREPAID
AMOUNT DATE CHECK
6,406.25
.00
8,406.25
8,406.25
376.88
_00
378.88
376.88
80.00
-00
80.00
80.00
33.50
.00
33.50
33.50
24.63
.00
24.63
24.63
897.00
.00
897.00
897.00
68.95
.00
68.95
68.95
30.00
.00
30.00
30.00
15.48
.00
15.48
15.46
CITY OF DIAMOND BAR
RUN DATE: 06/11/2003 16:19:14
VOUCHER REGISTER
DUE THRU: 06/12/2003
FUND/SECT-ACCT-PROJECT-ACCT
PO #
INVOICE DESCRIPTION
SATORI
0014070-44000--
13012
MAY 03 EMPLMNTN SVCS -TELE -WORKS
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
SCALA BROADCAST MULTIMEDIA
0014095-46235--
13078
7718 OOMP EQ -WEB BROWSER -KIOSK
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
SCMAF
0015350-42340--
0019833 TRNG-RECREATION STAFF
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
SOUTH POOINTE PERFORMING ARTS BOOST
0015350-42353--
FOOD REIMS-B/DAY CELEB
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
SOUTHERN CALIFORNIA EDISON
1385538-42126--
ELECT SVCS -DIST 38
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
SOUTHLAND SPORTS OFFICIALS
0015350-45300--
12291
OFFICIAL SVCS -5/21-6/2
TOTAL PREPA227S
TOTAL VOUCHERS
TOTAL DUE VENDOR
SPORT SUPPLY GROUP INC
0015350-41200--
91181873 SUPPLIES -RECREATION
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
STREET TREE SEMINAR INC
0015350-42315--
MEMBRSHP DUES -B ROSE
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
SUBWAY
0014090-42325--
12210
6/3/03 MTG SUPPLIES -6/3/03
TOTAL PREPAIDS
TOTAL VOUCHERS
TOTAL DUE VENDOR
PAGE: 5
PREPAID
AMOUNT DATE CHECK
6,406.25
.00
8,406.25
8,406.25
376.88
_00
378.88
376.88
80.00
-00
80.00
80.00
33.50
.00
33.50
33.50
24.63
.00
24.63
24.63
897.00
.00
897.00
897.00
68.95
.00
68.95
68.95
30.00
.00
30.00
30.00
15.48
.00
15.48
15.46
CITY OF DIAMOND BAR
RUN DATE: 06/11/2003 16:19:14
VOUCHER REGISTER
PAGE: 6
DUE THRU: 06/12/2003
PREPAID
FUND/SECT-ACCT-PROSECT-ACCT
PO q
INVOICE DESCRIPTION
AMOUNT DATE CHECK
SAMIRA SUHARDSA
001-23002--
2033 PARK DEP REFUND -PETERSON
50.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
50.00
TOTAL DUE VENDOR
50.00
SUNSHINE ROOFING
001-34110--
REFUND -BUILDING PERMIT
106.28
TOTAL PREPAIDS
00
TOTAL VOUCHERS
106.28
TOTAL DUE VENDOR
106.26
MARTIN TORRES
0015350-44100--
5/27/2003 P & R COMM -5/27
45.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
45.00
TOTAL DUE VENDOR
45.00
TRUGREEN LANDCARE
1385538-45500--
12138
1692644131 C/WIDE MAINT-DIST 38
3,942.39
0015340-45300--
12138
1692644131 C/WIDE MAINT-JAN 03
9,875.75
1395539-45500--
12138
1692644131 C/WIDE MAINT-DIST 39
4,109.43
1415541-45500--
12138
1692644131 C/WIDE MAINT-DIST 41
2,107.40
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
20,034.97
TOTAL DUE VENDOR
20,034.97
U S BANK NA
250-20300--
153492664324 RETENTION PAYABLE
81,168.20
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
81,168-20
TOTAL DUE VENDOR
81,168.20
UNITED PARCEL SERVICE
0014090-42120--
AB43T4 EXPRESS MAIL -GENERAL
17.65
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
17.65
TOTAL DUE VENDOR
17.65
VERIZON CALIFORNIA
0014090-42125--
9091973128 PH.SVCS-GENERAL
1,010.55
0014010-42125--
9096120740 PH.SVCS-FAX LINE C/CNL
25.73
0014070-42125--
0087772489 PH.SVCS-INFO TO GO
41.91
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
1,078.19
TOTAL DUE VENDOR
1,078.19
VISION INTERNET PROVIDERS INC
0014095-42395--
8669 WEBSITE HOSTING FEES
150.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
150.00
TOTAL DUE VENDOR
150-00
CITY OF DIAMOND BAR
RUN DATE: 06/11/2003 16:19:14
VOUCHER REGISTER
PAGE: 7
DUE THRU: 06/12/2003
PREPAID
FUND/SECT-ACCT-PROJECT-ACCT
PO #
INVOICE DESCRIPTION
AMOUNT DATE CHECK
WALNUT VALLEY ROTARY
0014010-42325-CC403-42325
MTG-COUNCIL
70.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
70.00
TOTAL DUE VENDOR
70-00
WALNUT VALLEY WATER DISTRICT
1395539-42126--
WATER SVCS-DIST 39
1,549-35
1385538-42126--
WATER SVCS-DIST 38
5,935.88
1415541-42126--
WATER SVCS-DIST 41
1,349.39
0015340-42126--
WATER SVCS -PARKS
5,629.10
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
14,463.72
TOTAL DUE VENDOR
14,463.72
WALNUT/DIAMOND BAR JAAF
0015350-42353--
GAME 9 PROCEEDS-B/DAY CELEB
400.00
0015350-42353--
RIDE 13 PROCEEDS-B/DAY CELEB
400.00
TOTAL PREPAID$
-00
TOTAL VOUCHERS
800.00
TOTAL DUE VENDOR
800.00
WELLS FARGO CARD SERVICES
0014030-42330--
PACIFIC INS CONF-CMGR
296.50
0015350-41200--
SUPPLIES -RECREATION
144.02
0015310-42330--
PACIFIC INS CONF-B ROSE
296.50
0014010-44000--
PROF.SVCS-ADL ONLINE
23.90
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
760.92
TOTAL DUE VENDOR
760.92
WEST COAST ARBORISTS INC
0015558--45509--
12135
27975 C/WIDE MA INT -WATERING APR
553.80
0015558-45509--
12135
28102 C/WIDE MAINT-WATERING APR
830.70
TOTAL PREPAIDS
-00
TOTAL VOUCHERS
1,384.50
TOTAL DUE VENDOR
1,384.50
WEST COAST MEDIA
0014095-42115--
12919
6042080 AD -CONCERTS JUN 03
475.00
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
475.00
TOTAL DUE VENDOR
475.00
WEST END UNIFORMS
0014415-41200--
12767
60209 SUPPLIES-V/PATROL
129.30
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
129.30
TOTAL DUE VENDOR
129.30
WEST PUBLISHING CO. PAYMENT CENTER
0014090-42320--
804382975 PUBLICATION -CODES
129-90
TOTAL PREPAIDS
.00
TOTAL VOUCHERS
129.90
TOTAL DUE VENDOR
129.90
CITY OF DIAMOND BAR
RUN DATE: 06/11/2003 16:19:14 VOUCHER REGISTER PAGE: 8
DUE THRU: 06/32/2003
FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE
WEST PUBLISHING CO. PAYMENT CENTER
DESCRIPTION
PREPAID
AMOUNT DATE CHECK
REPORT TOTAL PREPAIDS .00
REPORT TOTAL VOUCHERS 889,871.16
REPORT TOTAL 889,871.16
Agenda No. 6.1.1
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
MAY 13.2003
CALL TO ORDER:
Chairman Tye called the meeting to order at 7:05 p.m. in the South Coast Air Quality
Management/Government Center Auditorium, 21865 East Copley Drive, Diamond Bar, California
91765.
PLEDGE OF ALLEGIANCE:
Commissioner Ruzicka led the pledge of allegiance.
1.
2.
0
4.
4
rill
7.
ROLL CALL:
Present: Chairman Steve Tye, Vice Chairman Dan Nolan, and Commissioners
Steve Nelson, Joe Ruzicka and Jack Tanaka.
Also present: James DeStefano, Deputy City Manager, Ann Lungu, Associate
Planner, Linda Smith, Development Services Assistant, and Stella
Marquez, Administrative Assistant.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered.
APPROVAL OF AGENDA: As presented.
CONSENT CALENDAR:
4.1 Approval of April 22, 2003, regular meeting minutes.
C/Ruzicka moved, C/Tanaka seconded, to approve the April 22, 2003 minutes as
presented. Without objection, the motion was so ordered with Chair/Tye abstaining.
OLD BUSINESS: None
NEW BUSINESS: None
PUBLIC HEARINGS:
7.1 Development Review No. 2003-01 (Pursuant to Code Section 22.48.020.A.) is a
request to construct a two story, single family residence of approximately 10,643
gross square feet including balconies, porch, patio and attached four -car garage.
MAY 13, 2003
PROJECT ADDRESS
PROJECT OWNER/
APPLICANT:
Page 2 PLANNING COMMISSION
3099 Windmill Drive
(Lot 5, Tract No. 50314)
Diamond Bar, CA 91765
Windmill Estates, LLC
3480 Torrance Boulevard #300
Torrance, CA 90503
AssocP/Lungu presented staff's report. Staff recommends that the Planning Commission
approve Development Review No. 2003-01, Findings of Fact, and conditions of approval as
listed within the resolution.
Chair/Tye asked if "The Country Estates" architectural committee had approved the project.
AssocP/Lungu explained that the JCC project is located within "The Country Estates."
However, JCC has their own CC&R's and their own architectural committee.
Curt Nelson, applicant, said he read staffs report and concurred with the conditions of
approval. However, the project does not have a basement as stated in staff report (page 3).
Chair/Tye opened the public hearing.
There being no one present who wished to speak on this matter, Chair/Tye closed the public
hearing.
C/Ruzicka moved, VC/Nolan seconded, to approve Development Review No. 2003-01,
Findings of Fact, and conditions of approval as listed within the resolution. Motion carried
by the following Roll Call vote:
AYES: COMMISSIONERS: Nelson, Ruzicka, Tanaka, VC/Nolan, Chair/Tye
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
7.2 Variance No. 2003-02, Administrative Development Review No 2002-22 Tree
Permit No. 2003-03 and Negative Declaration No 2003-03 (pursuant to Code
Sections 22.54, 22.48.020, and 22.38) this is a request to construct a three story (two -
stories with basement), single-family residence with balcony, covered patio, and two
two -car garages totaling to approximately 5,673 gross square feet. The request also
includes site retaining walls up to an exposed height of six (6) feet. The applicant
MAY 13, 2003
Page 3 PLANNING COMMISSION
requests approval of a Variance for a reduced front _yard setback and a Tree Permit to
remove and replace protected/preserved trees.
PROJECT ADDRESS:
PROPERTY OWNER:
APPLICANT:
22364 Kicking Horse Drive
(Lot 6, Tract 32482)
Diamond Bar, CA 91765
Lo and Alba Moesser
2707 Diamond Bar Boulevard
Diamond Bar, CA 91765
Horizon Pacific
2707 Diamond Bar Boulevard
Diamond Bar, CA 91765
DSA/Smith presented staff's report. Staff recommends Planning Commission approval of
Variance No. 2003-02, Administrative Development Review No. 2002-22, Tree Permit
No. 2003-03, Negative Declaration No. 2003-03, Findings of Fact, and conditions of
approval as listed within the draft resolution.
DSA/Smith responded to C/Nelson that staff's condition for replacement of the two Pepper
trees should be one of the two protected species.
Chair/Tye opened the public hearing.
Jerry Yeh, applicant, said he and the owner reviewed staff's report and concur with the
conditions of approval.
There being no one else who wished to speak on this matter, Chair/Tye closed the public
hearing.
C/Nelson wanted the approval of this project to include specific species of trees for
replacement of the pepper trees. He felt the Walnuts were the best choice for replacement of
the peppers and Oaks for Oaks.
C/Ruzicka moved, C/Nelson seconded, to approve Variance No. 2003-02, Administrative
Development Review No. 2002-22, Tree Permit No. 2003-03, Negative Declaration
No. 2003-03, Findings of Fact, and conditions of approval as listed within the resolution,
subject to the provision that the two pepper trees slated for removal will be replaced with
California Walnut trees. Motion carried by the following Roll Call vote:
MAY 13, 2003
Page 4 PLANNING COMMISSION
AYES: COMIMISSIONERS: Nelson, Ruzicka, Tanaka, VC/Nolan, Chair/Tve
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
7.3 Development Code Amendment No. 2003-01 (pursuant to Code Section 22.44) is a
request to amend the following Articles/Sections of the Development Code:
PROJECT ADDRESS:
PROPERTY OWNER:
Citywide
City of Diamond Bar
AssocP/Lungu explained the following proposed amendments.
ARTICLE III
Sections 22.38.010 22.38.030 and 22.38.060 — Tree Preservation and Protection:
Amendment relates to the preservation of naturalized California pepper trees where
appropriate and changes "naturalized California pepper trees" to just pepper trees.
Section 22.16.090 — Setback Regulations and Exceptions: Amendment relates to setbacks for
walls and fences on a reverse corner lot.
Gives the director authority to reverse the required setback from 10 feet to 5 feet on a reverse
corner lot if the clear line of site is maintained for vehicles and pedestrian traffic. This is a
housekeeping amendment to clean up the typos.
C/Tanaka asked AssocP/Lungu to give him an example of a reverse corner lot and she
sketched an example on the overhead.
Section 22.42.110 Table 3-15 — Residential Accessory Uses and Structures: Amendment
relates to setbacks for a tennis court and guesthouse.
Table 3-15 does not currently list setbacks for tennis courts and guesthouses. The
recommendation is to make the language clearer by including in the table for tennis courts,
that they have side and rear setbacks of 10 feet and tennis courts on a street side would have
the same setback as the main structure. For guesthouses, staff is recommending that setbacks
be the same as the main structure.
The next change is for housekeeping purposes and specifies overall parcel coverage as
required in each of the residential zoning districts.
MAY 13.2003 Page 5 PLANNING COMMISSION
Section 22.42.110 — Residential Accessory Uses and Structures: Amendment relates to the
maximum height of tennis court fencing and walls.
Experience shows that tennis courts need 10 foot fencing.
Section 22.34.030 — Single -Family Standards Section 22-34.040 Multi Family Standards
Section 22.34.050 — Commercial Standards and Section 22.34.060 — Industrial Standards:
Amendment relates to landscape maintenance standards for slopes.
This section relates to maintenance of slopes on private property that are adjacent or back up
to a thoroughfare.
Chair/Tye noticed some rather unconventional slopes. Where would this code leave those
people? Or, in the instance of the elderly lady whose property backs up to Diamond Bar
Boulevard that Paint the Town helped one year. She is not in a position to vegetate and
irrigate the slope.
DCM/DeStefano responded that the area across from Lorbeer owned by the lady that Paint
the Town helped about three years ago may be an area, due to its high visibility, that the City
could include in an assessment district. Code Enforcement is a tool, but would the elderly,
perhaps fixed income and handicapped property owner deal with the situation? In other areas,
Code Enforcement may be appropriate. There is an entire tract of homes in Duarte for which
front yards were planted in Cape weed. It is a species that other homeowners pull out of their
front yards. It is difficult to arrive at standards.
C/Ruzicka felt that any type of landscape situation should take into consideration that
Diamond Bar is in a desert area. Whatever the City decides should take into account today's
water usage and the population forecast for 20 years from today and what kind of water usage
would be faced at that point. He felt the City would do itself a great service by making
certain that sustained growth and water use is taken into consideration now so that this
section of the code does not have to be rewritten down the line.
DCM/DeStefano stated that during the past 14 years Diamond Bar began a process to green
up. Brown native landscaping was the appropriate palate of choice prior to that time. Projects
approved 10, 12, and 14 years ago were predominately utilizing those types of plant palates —
brown, seasonal, lower water usage overall. As the community and its population has grown
it now wants green slopes. Case in point — Chino Hills and the development projects along
Grand Avenue. The City has added trees and flowers to medians — a lot more green and a lot
more water — because that is what the public is telling the City they want. Hillside projects
MAY 13, 2003 Page 6 PLANNING COMMISSION
are a lot greener in their landscaping palate at this point in history that they were a few vears
ago. C/Ruzicka's point is well taken. However, the City is being pulled in a different
direction.
C/Ruzicka said the public should have what it wants as long as everyone bears in mind that
there will be an increased price for the additional water the City uses.
Section 22.30.080 — Driveways and Site Access: Amendment relates to the pavement width
of a driveway in a single-family residential zoning district.
This amendment would require that a Minor Conditional Use Permit be obtained through the
public hearing process if the property owner wanted to increase the width of the driveway
area beyond 12 feet in excess of the garage width. The purpose of this Section is to prevent
people from cementing their front yards.
Chair/Tye said his house rested on a flag lot. If he wanted to extend his driveway to the right
side of his garage back toward the back yard he could do so without a Minor Conditional Use
Permit if he kept the width to 12 feet or under. If he wanted 13 feet, it would require a public
hearing. How do you measure a flag lot?
DCM/DeStefano said that the majority of the single-family lots in the City are traditional.
Flag lots are unusual. A Variance may be necessary to achieve an appropriate goal for a flag
lot.
Sections 22.36.050 and 22.36.080 — Exemptions from Sign Permits and Prohibited Signs:
Amendment relates to the placement and size of election signs and signs in the public right-
of-way.
The recommended amendment would paragraph 5 would be repealed. It would be replaced
with the language under the recommended amendment that reads —Election signs, temporary
signs pertaining to a local, state or national election, are permitted on private property subject
to the following limitations: (as listed within the staff report and forwarded to staff by the
City Attorney). According to the City Attorney, he felt that 60 days was the most appropriate
restrictive time -period for sign placement. The next section eliminates signs in the public
right-of-way except official, traffic control, directional and identification signs erected by the
City or other government agencies with jurisdiction.
DCM/DeStefano said that this amendment responds to adverse reactions during recent
elections.
MAY 13, 2003 Page 7 PLANNING COMMISSIOI\
Chair/Tye said he thought people were entitled to place election signs in the public right-of-
way within 30 days of an election.
DCM/DeStefano responded that according to the City Attorney, individuals are not entitled
to place election signs in the public right-of-way even though it has become common
practice. If the Commission wishes to allow signs within the public right-of-way, that would
be the recommendation to the Council.
VC/Nolan asked if staff could determine other municipalities that have adopted a similar sign
ordinance. He applauded the language and the effort to remove election signs from the public
right-of-way.
Section 22.42.060 — Guesthouses: amendment relates to lot coverage for guesthouses
Section 22.42.130 — Radio and Television Antenna and Wireless Telecommunications
Antenna Facilities: amendment relates to the number of telecommunications facilities on a
parcel in residential zoning districts.
Currently, the code does not specify these types of facilities with respect to whether more
than one would be allowed per property.
Section 22.42.120 — Secondary Housing Units: amendment relates to changing the current
Minor Conditional Use process to a ministerial review process to comply with Government
Code 65852.2.
ARTICLE V
Section 22.68.030 — Restrictions on Non -Conforming Structures: amendment relates to
when a structure shall be deemed non -conforming.
Staff recommends that the Planning Commission adopt a resolution recommending City
Council approval of Development Code Amendment No. 2003-01.
C/Tanaka was concerned about the sign standards. He would favor approval of the remaining
items and would like further consideration of sign standards with additional input from staff
about how other cities handle sign standards.
VC/Nolan felt it would benefit the Commission to understand what other jurisdictions are
doing.
MAY 13, 2003 Page 8 PLANNING COMMISSION
C/Nelson agreed. He felt that the concept of restricting public property for placement of
election signs made sense. Given what took place during a recent election, it would add an
element of accountability and responsibility to the election process. On the other hand he did
not want to diminish the excitement of political debate. He too, favored discussing the sign
standards further and approving the balance of requested amendments.
Chair/Tye concurred. He was surprised that the City Attorney found it defensible to ban
election signs in public right-of-way. His understanding is that it would infringe on his
freedom of speech. He realized there may be a need for limitations and the limitations may
have been requirements that were ignored. He has a problem banning election signs from
public right-of-ways and would like additional information on the subject including other
jurisdictions that have found it to be successful and those that have been able to ban election
signs and found it to be defensible.
DCM/DeStefano asked if the Commission was comfortable with the recommended standards
for landscaping.
Chair/Tye said he did have reservations about approving the recommended standards. To
C/Ruzicka's point about water usage he would like to see more data on that subject.
VC/Nolan reiterated his desire to see what other communities similar to Diamond Bar are
doing with regard to landscaping. He brought up the matter of cell sites.
DCM/DeStefano asked if the Commission had a desire to limit or reduce the number of items
on church and school properties as it does on residential properties.
C/Tanaka felt the Commission should consider each type of slope. Some have steep grades
and other slope grades are relatively mild. Additionally, the City has slopes that have been
cut into the hillside as opposed to a fill and they would be difficult to work with.
VC/Nolan felt the City should have restrictions and as a review body have some recourse
before it gets out of hand. Regarding the sign ordinance, his vision of people having signs in
their yards is that someone sold the property owner on the notion that he would vote for the
individual. Private businesses do the same thing. The race to lace them up and down
Diamond Bar Boulevard does not speak to that. As a voter it would be more compelling to
see a sign on private property than on a major boulevard. He does not want Diamond Bar to
be the first City with a sign ordinance that adopts a restrictive ordinance. If there are other
municipalities that have been successful in adopting such an ordinance and there have been
no issues, he would feel a lot more comfortable.
MAY 13, 2003 Page 9 PLANNING COMMISSION
DCM/DeStefano stated that based on the comments received from Commissioners, staff
would like an opportunity to bring additional information back to the Commission for further
consideration at the June 24 meeting. If the Commission is comfortable in adopting the
balance of the items, it could excise the three categories of concern.
Chair/Tye opened the public hearing.
C/Tanaka moved, C/Nelson seconded, to recommend adoption of a resolution approving
Development Code Amendment No. 2003-01 extricating Sections 22.34.030, 22.34.040,
22.34.050, 22.34.060, 22.36.050, 22.36.080 and 22.42.130, and continue the public hearing
on those items to June 24, 2003. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Nelson, Ruzicka, Tanaka, VC/Nolan, Chair/Tve
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
8. PLANNING COMMISSION COMMENTS: C/Nelson said he watched with keen
interest the telecommunications tower at St. Denis go up and he is very pleased with the
result of the installation. His only comment was that next time the tree should not look so
perfect and that the bolts tying the tree to the ground should be camouflaged.
Chair/Tye agreed that it was a good installation.
-9. INFORMATIONAL ITEMS: DCM/DeStefano earlier joined the City Council for
tonight's study of the City's current and next year's goals and objectives. Council is working
on next year's budget. Some of the items that staff would likely bring to the Commission
would be some hillside residential projects, zone changes to coincide with the City's General
Plan, General Plan changes and other projects yet to be determined. In 2004 staff should be
presenting the Commission with larger retail projects to be constructed on some vacant
remaining land — one on the Calvary Chapel site and Site D. Similar to Council's recognition
of "Business of the Month" it is considering "House of the Month" to acknowledge well -kept
properties. The same format could be used to showcase a "Business of the Month."
DCM/DeStefano stated that the Extended -Stay America project was withdrawn at the last
second. Extended -Stay America, a partner in the project, would have exceeded its debt ratio
with its expansion campaign so all projects not physically under construction were stopped.
DCM/DeStefano reported that he, Council Members, the City Manager and other staff
members would be attending the Retail Developers Conference in Las Vegas next week.
MAY 13, 2003 Page 10 PLANNING COMMISSION
DCM/DeStefano stated that construction has begun on the four year SR57/60 HOS'
connector project.
Chair/Tye asked if staff would attempt to interest another hotel owner in similar plans for
development of the trailer park. DCM/DeStefano said he would use the plan that was
forwarded to the City Council. He said he would also use the fact of the Planning
Commission approval as positives. There was a small window of opportunity for Extended -
Stay America to rescind their withdrawal. If there is not some direction from the developer
very soon, they would most likely have to come back before the Planning Commission before
the project went to the City Council.
Chair/Tye pointed out how the center across from Lorbeer Middle School at the comer of
Golden Springs Drive and Diamond Bar Boulevard has improved. He asked DCM/DeStefano
if he would use such examples to attract other business. DCM/DeStefano said he would.
10. SCHEDULE OF FUTURE EVENTS:
As presented in the agenda.
ADJOURNMENT:
C/Tanaka moved, C/Nelson seconded, to adjourn the meeting. There being no further business to
come before the Planning Commission, Chairman Tye adjourned the meeting at 8:45 p.m.
Respectfully Submitted,
J DeStefano
Deputy City Manager
.I
Agenda No. 6.1.1
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
MAY 13, 2003
CALL TO ORDER:
Chairman Tye called the meeting to order at 7:05 p.m. in the South Coast Air Quality
Management/Government Center Auditorium, 21865 East Copley Drive, Diamond Bar. California
91765.
PLEDGE OF ALLEGIANCE:
Commissioner Ruzicka led the pledge of allegiance.
1. ROLL CALL:
Present: Chairman Steve Tye, Vice Chairman Dan Nolan, and Commissioners
Steve Nelson, Joe Ruzicka and Jack Tanaka.
Also present: James DeStefano, Deputy City Manager, Ann Lungu, Associate
Planner, Linda Smith, Development Services Assistant, and Stella
Marquez, Administrative Assistant.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered.
3. APPROVAL OF AGENDA: As presented.
4. CONSENT CALENDAR:
4.1 Approval of April 22, 2003, regular meeting minutes.
C/Ruzicka moved, C/Tanaka seconded, to approve the April 22, 2003 minutes as
presented. Without objection, the motion was so ordered with Chair/Tye abstaining.
5. OLD BUSINESS: None
6. NEW BUSINESS: None
7. PUBLIC HEARINGS:
7.1 Development Review No. 2003-01 (Pursuant to Code Section 22.48.020.A.) is a
request to construct a two story, single family residence of approximately 10,643
gross square feet including balconies, porch, patio and attached four -car garage.
MAY 13, 2003 Page 2
PROJECT ADDRESS:
PLANNING COMMISSION
3099 Windmill Drive
(Lot 5, Tract No. 50314)
Diamond Bar, CA 91765
PROJECT OWNER/ Windmill Estates, LLC
APPLICANT: 3480 Torrance Boulevard #300
Torrance, CA 90503
AssocP/Lungu presented staff's report. Staff recommends that the Planning Commission
approve Development Review No. 2003-01, Findings of Fact, and conditions of approval as
listed within the resolution.
Chair/Tye asked if "The Country Estates" architectural committee had approved the project.
AssocP/Lungu explained that the JCC project is located within "The Country Estates."
However, JCC has their own CC&R's and their own architectural committee.
Curt Nelson, applicant, said he read staff's report and concurred with the conditions of
approval. However, the project does not have a basement as stated in staff report (page 3).
Chair/Tye opened the public hearing.
There being no one present who wished to speak on this matter, Chair/Tye closed the public
hearing.
C/Ruzicka moved, VC/Nolan seconded, to approve Development Review No. 2003-01,
Findings of Fact, and conditions of approval as listed within the resolution. Motion carried
by the following Roll Call vote:
AYES: COMMISSIONERS: Nelson, Ruzicka, Tanaka, VC/Nolan, Chair/Tye
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
7.2 Variance No. 2003-02, Administrative Development Review No. 2002-22, Tree
Permit No. 2003-03 and Negative Declaration No. 2003-03 (pursuant to Code
Sections 22.54, 22.48.020, and 22.38) this is a request to construct a three story (two -
stories with basement), single-family residence with balcony, covered patio, and two
two -car garages totaling to approximately 5,673 gross square feet. The request also
includes site retaining walls up to an exposed height of six (6) feet. The applicant
MAY 13, 2003 Page 3
PLANNING COMMISSION
requests approval of a Variance for a reduced front yard setback and a Tree Permit to
remove and replace protected/ preserved trees.
PROJECT ADDRESS:
PROPERTY OWNER:
APPLICANT:
22364 Kicking Horse Drive
(Lot 6, Tract 32482)
Diamond Bar, CA 91765
Lo and Alba Moesser
2707 Diamond Bar Boulevard
Diamond Bar, CA 91765
Horizon Pacific
2707 Diamond Bar Boulevard
Diamond Bar, CA 91765
DSA/Smith presented staffs report. Staff recommends Planning Commission approval of
Variance No. 2003-02, Administrative Development Review No. 2002-22, Tree Permit
No. 2003-03, Negative Declaration No. 2003-03, Findings of Fact, and conditions of
approval as listed within the draft resolution.
DSA/Smith responded to C/Nelson that staffs condition for replacement of the two Pepper
trees should be one of the two protected species.
Chair/Tye opened the public hearing.
Jerry Yeh, applicant, said he and the owner reviewed staff's report and concur with the
conditions of approval.
There being no one else who wished to speak on this matter, Chair/Tye closed the public
hearing.
C/Nelson wanted the approval of this project to include specific species of trees for
replacement of the pepper trees. He felt the Walnuts were the best choice for replacement of
the peppers and Oaks for Oaks.
C/Ruzicka moved, C/Nelson seconded, to approve Variance No. 2003-02, Administrative
Development Review No. 2002-22, Tree Permit No. 2003-03, Negative Declaration
No. 2003-03, Findings of Fact, and conditions of approval as listed within the resolution,
subject to the provision that the two pepper trees slated for removal will be replaced with
California Walnut trees. Motion carried by the following Roll Call vote:
MAY 13, 2003 Page 4
PLANNING COMMISSION
AYES: COMMISSIONERS: Nelson, Ruzicka, Tanaka. VC/Nolan. ChairfTye
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
7.3 Development Code Amendment No. 2003-01 (pursuant to Code Section 22.44) is a
request to amend the following Articles/Sections of the Development Code:
PROJECT ADDRESS: Citywide
PROPERTY OWNER: City of Diamond Bar
AssocP/Lungu explained the following proposed amendments.
ARTICLE III
Sections 22.38.010, 22.38.030 and 22.38.060 - Tree Preservation and Protection:
Amendment relates to the preservation of naturalized California pepper trees where
appropriate and changes "naturalized California pepper trees" to just pepper trees.
Section 22.16.090 - Setback Regulations and Exceptions: Amendment relates to setbacks for
walls and fences on a reverse corner lot.
Gives the director authority to reverse the required setback from 10 feet to 5 feet on a reverse
corner lot if the clear line of site is maintained for vehicles and pedestrian traffic. This is a
housekeeping amendment to clean up the typos.
C/Tanaka asked AssocP/Lungu to give him an example of a reverse corner lot and she
sketched an example on the overhead.
Section 22.42.110, Table 3-15 - Residential Accessory Uses and Structures: Amendment
relates to setbacks for a tennis court and guesthouse.
Table 3-15 does not currently list setbacks for tennis courts and guesthouses. The
recommendation is to make the language clearer by including in the table for tennis courts,
that they have side and rear setbacks of 10 feet and tennis courts on a street side would have
the same setback as the main structure. For guesthouses, staff is recommending that setbacks
be the same as the main structure.
The next change is for housekeeping purposes and specifies overall parcel coverage as
required in each of the residential zoning districts.
MAY 13.2003 Page 5
PLANNING COMMISSION
Section 22.42.110 - Residential Accessory Uses and Structures: Amendment relates to the
maximum height of tennis court fencing and walls.
Experience shows that tennis courts need 10 foot fencing.
Section 22.34.030 - Single -Family Standards, Section 22.34.040 - Multi -Family Standards,
Section 22.34.050 - Commercial Standards and Section 22.34.060 - Industrial Standards:
Amendment relates to landscape maintenance standards for slopes.
This section relates to maintenance of slopes on private property that are adjacent or back up
to a thoroughfare.
Chair/Tye noticed some rather unconventional slopes. Where would this code leave those
people? Or, in the instance of the elderly lady whose property backs up to Diamond Bar
Boulevard that Paint the Town helped one year. She is not in a position to vegetate and
irrigate the slope.
DCM/DeStefano responded that the area across from Lorbeer owned by the lady that Paint
the Town helped about three years ago may be an area, due to its high visibility, that the City
could include in an assessment district. Code Enforcement is a tool, but would the elderly,
perhaps fixed income and handicapped property owner deal with the situation? In other areas,
Code Enforcement may be appropriate. There is an entire tract of homes in Duarte for which
front yards were planted in Cape weed. It is a species that other homeowners pull out of their
front yards. It is difficult to arrive at standards.
C/Ruzicka felt that any type of landscape situation should take into consideration that
Diamond Bar is in a desert area. Whatever the City decides should take into account today's
water usage and the population forecast for 20 years from today and what kind of water usage
would be faced at that point. He felt the City would do itself a great service by making
certain that sustained growth and water use is taken into consideration now so that this
section of the code does not have to be rewritten down the line.
DCM/DeStefano stated that during the past 14 years Diamond Bar began a process to green
up. Brown native landscaping was the appropriate palate of choice prior to that time. Projects
approved 10, 12, and 14 years ago were predominately utilizing those types of plant palates -
brown, seasonal, lower water usage overall. As the community and its population has grown
it now wants green slopes. Case in point - Chino Hills and the development projects along
Grand Avenue. The City has added trees and flowers to medians - a lot more green and a lot
more water - because that is what the public is telling the City they want. Hillside projects
MAY 13, 2003 Page 6
PLANNING COMMISSION
are a lot greener in their landscaping palate at this point in history that they were a few years
ago. C/Ruzicka's point is well taken. However, the City is being pulled in a different
direction.
C/Ruzicka said the public should have what it wants as long as everyone bears in mind that
there will be an increased price for the additional water the City uses.
Section 22.30.080 - Driveways and Site Access: Amendment relates to the pavement width
of a driveway in a single-family residential zoning district.
This amendment would require that a Minor Conditional Use Permit be obtained through the
public hearing process if the property owner wanted to increase the width of the driveway
area beyond 12 feet in excess of the garage width. The purpose of this Section is to prevent
people from cementing their front yards.
Chair/Tye said his house rested on a flag lot. If he wanted to extend his driveway to the right
side of his garage back toward the back yard he could do so without a Minor Conditional Use
Permit if he kept the width to 12 feet or under. If he wanted 13 feet, it would require a public
hearing. How do you measure a flag lot?
DCM/DeStefano said that the majority of the single-family lots in the City are traditional.
Flag lots are unusual. A Variance may be necessary to achieve an appropriate goal for a flag
lot.
Sections 22.36.050 and 22.36.080 - Exemptions from Sign Permits and Prohibited Signs:
Amendment relates to the placement and size of election signs and signs in the public right-
of-way.
The recommended amendment would paragraph 5 would be repealed. It would be replaced
with the language under the recommended amendment that reads -Election signs, temporary
signs pertaining to a local, state or national election, are permitted on private property subject
to the following limitations: (as listed within the staff report and forwarded to staff by the
City Attorney). According to the City Attorney, he felt that 60 days was the most appropriate
restrictive time -period for sign placement. The next section eliminates signs in the public
right-of-way except official, traffic control, directional and identification signs erected by the
City or other government agencies with jurisdiction.
DCMIDeStefano said that this amendment responds to adverse reactions during recent
elections.
MAY 13, 2003 Page 7 PLANNING COMMISSION
Chair/Tye said he thought people were entitled to place election signs in the public right-of-
way within 30 days of an election.
DCM/DeStefano responded that according to the City Attorney, individuals are not entitled
to place election signs in the public right-of-way even though it has become common
practice. If the Commission wishes to allow signs within the public right-of-way, that would
be the recommendation to the Council.
VC/Nolan asked if staff could determine other municipalities that have adopted a similar sign
ordinance. He applauded the language and the effort to remove election signs from the public
right-of-way.
Section 22.42.060 - Guesthouses: amendment relates to lot coverage for guesthouses.
Section 22.42.130 - Radio and Television Antenna and Wireless Telecommunications
Antenna Facilities: amendment relates to the number of telecommunications facilities on a
parcel in residential zoning districts.
Currently, the code does not specify these types of facilities with respect to whether more
than one would be allowed per property.
Section 22.42.120 - Secondary Housing Units: amendment relates to changing the current
Minor Conditional Use process to a ministerial review process to comply with Government
Code 65852.2.
ARTICLE V
Section 22.68.030 - Restrictions on Non -Conforming Structures: amendment relates to
when a structure shall be deemed non -conforming.
Staff recommends that the Planning Commission adopt a resolution recommending City
Council approval of Development Code Amendment No. 2003-01.
C/Tanaka was concerned about the sign standards. He would favor approval of the remaining
items and would like further consideration of sign standards with additional input from staff
about how other cities handle sign standards.
VC/Nolan felt it would benefit the Commission to understand what other jurisdictions are
doing.
MAY 13, 2003 Page 8
PLANNING COMMISSION
C/Nelson agreed. He felt that the concept of restricting public property for placement of
election signs made sense. Given what took place during a recent election, it would add an
element of accountability and responsibility to the election process. On the other hand he did
not want to diminish the excitement of political debate. He too, favored discussing the sign
standards further and approving the balance of requested amendments.
Chair/Tye concurred. He was surprised that the City Attorney found it defensible to ban
election signs in public right-of-way. His understanding is that it would infringe on his
freedom of speech. He realized there may be a need for limitations and the limitations may
have been requirements that were ignored. He has a problem banning election signs from
public right-of-ways and would like additional information on the subject including other
jurisdictions that have found it to be successful and those that have been able to ban election
signs and found it to be defensible.
DCM/DeStefano asked if the Commission was comfortable with the recommended standards
for landscaping.
Chair/Tye said he did have reservations about approving the recommended standards. To
C/Ruzicka's point about water usage he would like to see more data on that subject.
VC/Nolan reiterated his desire to see what other communities similar to Diamond Bar are
doing with regard to landscaping. He brought up the matter of cell sites.
DCM/DeStefano asked if the Commission had a desire to limit or reduce the number of items
on church and school properties as it does on residential properties.
C/Tanaka felt the Commission should consider each type of slope. Some have steep grades
and other slope grades are relatively mild. Additionally, the City has slopes that have been
cut into the hillside as opposed to a fill and they would be difficult to work with.
VC/Nolan felt the City should have restrictions and as a review body have some recourse
before it gets out of hand. Regarding the sign ordinance, his vision of people having signs in
their yards is that someone sold the property owner on the notion that he would vote for the
individual. Private businesses do the same thing. The race to lace them up and down
Diamond Bar Boulevard does not speak to that. As a voter it would be more compelling to
see a sign on private property than on a major boulevard. He does not want Diamond Bar to
be the first City with a sign ordinance that adopts a restrictive ordinance. If there are other
municipalities that have been successful in adopting such an ordinance and there have been
no issues, he would feel a lot more comfortable.
MAY 13, 2003 Page 9
PLANNING COMMISSION
DCM/DeStefano stated that based on the comments received from Commissioners, staff
would like an opportunity to bring additional information back to the Commission for further
consideration at the June 24 meeting. If the Commission is comfortable in adopting the
balance of the items, it could excise the three categories of concern.
Chair/Tye opened the public hearing.
C/Tanaka moved, C/Nelson seconded, to recommend adoption of a resolution approving
Development Code Amendment No. 2003-01 extricating Sections 22.34.030, 22.34.040,
22.34.050, 22.34.060, 22.36.050, 22.36.080 and 22.42.130, and continue the public hearing
on those items to June 24, 2003. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Nelson, Ruzicka, Tanaka, VC/Nolan, Chair/Tye
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
8. PLANNING COMMISSION COMMENTS: C/Nelson said he watched with keen
interest the telecommunications tower at St. Denis go up and he is very pleased with the
result of the installation. His only comment was that next time the tree should not look so
perfect and that the bolts tying the tree to the ground should be camouflaged.
Chair/Tye agreed that it was a good installation.
-9. INFORMATIONAL ITEMS: DCM/DeStefano earlier joined the City Council for
tonight's study of the City's current and next year's goals and objectives. Council is working
on next year's budget. Some of the items that staff would likely bring to the Commission
would be some hillside residential projects, zone changes to coincide with the City's General
Plan, General Plan changes and other projects yet to be determined. In 2004 staff should be
presenting the Commission with larger retail projects to be constructed on some vacant
remaining land - one on the Calvary Chapel site and Site D. Similar to Council's recognition
of "Business of the Month" it is considering "House of the Month" to acknowledge well -kept
properties. The same format could be used to showcase a "Business of the Month."
DCM/DeStefano stated that the Extended -Stay America project was withdrawn at the last
second. Extended -Stay America, a partner in the project, would have exceeded its debt ratio
with its expansion campaign so all projects not physically under construction were stopped.
DCM/DeStefano reported that he, Council Members, the City Manager and other staff
members would be attending the Retail Developers Conference in Las Vegas next week.
MAY 13, 2003 Page 10
PLANNING COMMISSION
DCM&DeStefano stated that construction has begun on the four year SR57/60 HOV
connector project.
Chair/Tye asked if staff would attempt to interest another hotel owner in similar plans for
development of the trailer park. DCM/DeStefano said he would use the plan that was
forwarded to the City Council. He said he would also use the fact of the Planning
Commission approval as positives. There was a small window of opportunity for Extended -
Stay America to rescind their withdrawal. If there is not some direction from the developer
very soon, they would most likely have to come back before the Planning Commission before
the project went to the City Council.
Chair/Tye pointed out how the center across from Lorbeer Middle School at the corner of
Golden Springs Drive and Diamond Bar Boulevard has improved. He asked DCM/DeStefano
if he would use such examples to attract other business. DCM/DeStefano said he would.
10. SCHEDULE OF FUTURE EVENTS:
As presented in the agenda.
ADJOURNMENT:
C/Tanaka moved, C/Nelson seconded, to adjourn the meeting. There being no further business to
come before the Planning Commission, Chairman Tye adjourned the meeting at 8:45 p.m.
Respectfully Submitted,
Deputy City Manager
Jan ,VDeStefano
0
Agenda No. 6.1.2
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
MAY 27, 2003
CALL TO ORDER:
Chairman Tye called the meeting to order at 7:05 p.m. in the South Coast Air Quality
Management/Government Center Auditorium, 21865 East Copley Drive, Diamond Bar, California
91765.
PLEDGE OF ALLEGIANCE:
Commissioner Tanaka led the pledge of allegiance.
1. ROLL CALL:
Present: Chairman Steve Tye; and Commissioners Steve Nelson; Joe Ruzicka;
and Jack Tanaka.
Vice Chairman Dan Nolan was excused.
Also present: James DeStefano, Deputy City Manager; Ann Lungu, Associate
Planner; Linda Smith, Development Services Assistant; and Stella
Marquez; Administrative Assistant.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered.
3. APPROVAL OF AGENDA: As presented.
4. CONSENT CALENDAR:
4.1 Approval of May 13, 2003, Regular Meeting minutes.
C/Ruzicka moved, C/Tanaka seconded, to approve the May 13, 2003, minutes as
presented. Without objection, the motion was so ordered with VC/Nolan being
absent.
5. OLD BUSINESS: None.
6. NEW BUSINESS: None.
MAY 27, 2003 Page 2 PLANNING COMMISSION
7.
8.
PUBLIC HEARINGS:
7.1 Development Review No. 2002-34 (Pursuant to Code Section 22.48.020) is a
request to construct a 31,050 square foot single -story building to be utilized for
medical services-clinic/labs on a vacant lot in the Gateway Corporate Center.
(Continued from April 22, 2003)
PROJECT ADDRESS
PROJECT OWNER:
APPLICANT:
1336 Bridge Gate Drive
(Lot 18, Tract 39679)
Diamond Bar, CA 91765
Kaiser Foundation Health Plan, Inc.
393 W. Walnut Street
Pasadena, CA 91188
Nancy Burke
393 W. Walnut Street
Pasadena, CA 91188
DCNVDeStefano reported that this was a noticed public hearing for the Commission to
consider a new building within the Gateway Corporate Center for Kaiser Permanente. Kaiser
has sent a letter to the City indicating they wish to withdraw their project at this time while
they work out some architectural and site planning details with the Gateway Corporate
Center. Therefore, staff requests that the Planning Commission receive and file this matter.
When the applicant submits new plans and drawings to the City, staff will reschedule the
matter for the Commission's consideration.
PUBLIC HEARINGS:
8.1 Development Review No. 2002-16 (Pursuant to Code Section 22.48.020.a.1) is a
request to construct a two-story, single-family residence with portico, balconies,
covered patio, pool bath and garages totaling to approximately 15,546 gross square
feet. The request also includes pool/spa, BBQ, tennis court, and a series of retaining
walls with an exposed height varying to a maximum of six feet.
PROJECT ADDRESS: 2001 Derringer Lane
Diamond Bar, CA 91765
MAY 27, 2003 Page 3 PLANNING COMMISSION
PROPERTY OWNER:
APPLICANT:
Vinod Bhatia
56 Westbrook Lane
Pomona, CA 91766
Pete Volbeda
615 N. Benson Avenue #D
Upland, CA 91786
AssocP/Lungu presented staff's report. Staff recommends Planning Commission
approval of Development Review No. 2002-16, Findings of Fact, and conditions of
approval as listed within the resolution.
Pete Volbeda, project architect, said this project has gone through a couple of design
revisions. The owners would have preferred to have the house more visible from the
street, but it was not possible. With the resulting design, most of the retaining walls
are not visible from the street, a benefit to the surrounding neighborhood. It is a large
house situated on a large piece of property. He felt the design fit the surrounding
neighborhood very well. He and the property owners agree with staff's conditions of
approval.
Chair/Tye opened the public hearing.
There being no one present who wished to speak on this matter, Chair/Tye closed the
public hearing.
C/Tanaka moved, C/Nelson seconded, to approve Development Review
No. 2002-16, Findings of Fact, and conditions of approval as listed within the
resolution. Motion carried by the following Roll Call vote:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
Nelson, Ruzicka, Tanaka, Chair/Tye
None
VC/Nolan
8.2 Development Review No. 2003-04 and Minor Conditional Use Permit
No. 2003-07 (Pursuant to Code Sections 22.48, 22.56 and 22.68). The applicant
requests approval of plans to remodel and construct an approximate 1,242 square foot
addition and covered patio to an existing 2,333 square foot one-story single-family
residence with covered patio and three car garage. Additionally, the applicant
MAY 27, 2003 Page 4 PLANNING COMMISSION
requests approval of a Minor Conditional Use Permit to allow for the continuation of
a legal non -conforming distance of approximately 14 feet between structures on
adjoining parcels.
PROJECT ADDRESS: 1609 Ano Nuevo
Diamond Bar, CA 91765
PROPERTY OWNER/ Tony Maese
APPLICANT: 1609 Ano Nuevo Drive
Diamond bar, CA 91765
AssocP/Lungu presented staff's report. Staff recommends Planning Commission
approval of Development Review No. 2003-04 and Minor Conditional Use Permit
No. 2003-07, Findings of Fact, and conditions of approval as listed within the
resolution.
Chair/Tye asked if the 1,242 square feet included the covered patio area. In addition,
there is no permit on file for the existing patio cover. However, it appears on the
assessors' records.
DCM/DeStefano responded that itis possible there was a permit and that it was miss -
filed or lost in the transition of records from Los Angeles County to Diamond Bar.
Tony Maese indicated to Chair/Tye that the 1,242 square feet includes the covered
patio. He read staff's report and concurred with the conditions of approval. When he
purchased the house in 1988 the patio was there. DSA/Smith was somewhat
confused about why the patio was on the assessor's record and said he may have to
obtain a permit. He said he would like to keep the hedges five feet high because it
obscures his front yard. The hedges were there when he moved in, his neighbor likes
them and he keeps them trimmed. He has never received a complaint about the
hedges. The conclusion referred to the possibility of obtaining a geological report.
Although the property has hillside area, it is natural hillside and not a fill. He said the
remodel would take place only on the existing pad.
DCM/DeStefano stated that the City has a requirement limiting the height of a hedge
in the front yard. It also limits the size of a wall within the front yard setback. When
the City reviews a project it looks to bring the property into compliance in all aspects
of the municipal code. In order for the Planning Commission to permit the hedge to
MAY 27, 2003 Page 5 PLANNING COMMISSION
remain above 42 inches it requires a Variance that is not on tonight's agenda. In
addition, on page 9 of the resolution, the applicant is asked to submit a soils report, if
required. The Building Official will decide whether or not it is required to support
the project. The first priority is the safety of the residents and the proper structural
integrity of the structures being created.
Mr. Maese agreed with the item regarding the soils report. He read it wrong. He has
no problem with it because if it affects the safety of the area he would not want any
problem. Regarding the hedge, he will do what he has to do so that the matter of the
hedge would have no bearing on the project.
DCM/DeStefano explained to Chair/Tye that staff could deal with a Minor Variance
request for a five and one-half foot hedge. If he wanted the hedge to be six or seven
feet high he would have to request a Variance requiring another noticed public
hearing before the Planning Commission. He felt the expense would no be worth the
effort. However, it was the homeowner's decision.
Chair/Tye opened the public hearing.
There being no one present who wished to speak on this matter, Chair/Tye closed the
public hearing.
C/Ruzicka stated that in view of the applicant's acquiescence, he moved for Planning
Commission approval of Development Review 2003-04 and Minor Conditional Use
Permit 2003-07, Findings of Fact, and conditions of approval as listed. C/Tanaka
seconded the motion. Motion carried by the following Roll Call vote:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
Ruzicka, Tanaka, Nelson, Chair/Tye
None
VC/Nolan
8.3 Conditional Use Permit No. 2003-01 (Pursuant to Code Sections 22.58 and
22.10.030 — Table 2-6), is a request to provide entertainment and a bar in connection
with an existing restaurant identified as Scribbles Grille.
PROJECT ADDRESS: 245 Gentle Springs Lane
Diamond Bar, CA 91765
MAY 27, 2003 Page 6 PLANNING COMMISSION
PROPERTY OWNER
APPLICANT:
P.N. Patel
Ratan Hospitality, LLC
1205 W. Sierra Madre Avenue
Glendora, CA 91741
Raj Astavakra
6226 N. Calera Avenue
Azusa, CA 91702
AssocP/Lungu presented staff's report. Staff recommends Planning Commission
approval of Conditional Use Permit No. 2003-01, Findings of Fact, and conditions of
approval as listed within the resolution.
C/Tanaka asked what kind of security measures the applicant would provide.
AssocP/Lungu referred C/Tanaka to the resolution section that stated "the applicant
shall provide the appropriate security measures associated with this permit and as
required by the City."
C/Tanaka asked about the discrepancy regarding the hours of operation and sale of
alcoholic beverages.
AssocP/Lungu said the hours could be added to the resolution.
Chair/Tye asked for clarification of the fifth and last bullet points on page 3. In
particular, would music be allowed on the outside patio?
Raj Astavakra, offered support that the legacy left behind by the Platinum Club
would not be in any way shape or form if we establish Scribbles Grille. He
understood the City to have numerous problems with adding the Platinum Club and
the parking structure, the loitering of people, none of these activities going on. They
shall not be there. It's going to be upscale dining with a jazz band playing. Last call
is at 12:00 midnight. We kept it at 1:00 a.m. so that patrons could finish their drinks
and have a cooling off period before leaving the restaurant. There will be no D. J.
music or any dancing except for private events if they want to dance — like graduation
parties or things like that. Otherwise there will be no dancing at all. Not even to the
jazz band music. It is just going to be for entertainment purposes only.
MAY 27, 2003 Page 7 PLANNING COMMISSION
C/Tanaka asked Mr. Astavakra what is the room capacity for the bar and for the room
upstairs.
Mr. Astavakra responded that the capacity for the upstairs room is 85-90 people
sitting at one time in the banquet room. The bar has a 125 person capacity including
the patio area.
Chair/Tye opened the public hearing.
There being no one present who wished to speak on this matter, Chair/Tye closed the
public hearing.
Chair/Tye asked if the project was conditioned to prevent prior adverse occurrences
at the premises.
DCM/DeStefano explained that this is a different application and a number of things
have occurred since the Planning Commission considered another application for this
location a few years ago. That applicant for that project ultimately incorporated
practically all of the requirements that the Sheriff's Department and Fire Department
required for the operation that they were conducting. As a result, many of those
requirements have carried over to this project. This project may be slightly different
and that is why the Fire Department will be taking a cursory look at the new
operation. This is not labeled as a nightclub and it is not proposed to activate as
such, as was the former project. Therefore, staff does not see the same issues and
have attempted to write a variety of conditions that limit the activity to the D.J. and
others that were mentioned. In addition, the Planning Commission received
testimony from the applicant about what the activity would be. Staff believes the
conditions are in place to protect the City from the problems associated with the
previous operator. Should issues come to staff's attention i.e., noise in the
neighborhood, condominium owners concerned about noise and debris, vehicles
where they should not be, etc., would be brought to the Commission's attention with
a modification process. Likewise would be non-compliance with fire department
requirements, building and safety requirements and issues related to calls for service
to the sheriff's department. At this point, staff believes the City will not have to deal
with those kinds of issues. However, should they arise, the Commission has the
ability to review the matter and to either change the operating conditions or revoke
the permit.
MAY 27, 2003 Page 8 PLANNING COMMISSION
DCM/DeStefano responded to Chair/Tye that this project is much further along than
the prior project was when it received its approvals. There area few items remaining
for the applicant's compliance, but staff does not see the same kinds of issues that
haunted the prior project. Also, the County business licensing had a number of
staffing issues that occurred with the previous application that reeked havoc with the
process. Those issues have not occurred since.
DCM/DeStefano responded to C/Tanaka's concern about appropriate security
measures. If the Commission wished to do so it could change the condition to be
more specific in its verbiage and would involve a discussion between staff and the
City's team lieutenant to determine the most appropriate means of providing security
for this project. This project requires a business license from L. A. County and there
may be additional conditions related to security.
Chair/Tye asked Mr. Astavakra to return to the speaker podium. Chair/Tye asked
Mr. Astavakra if he understood staff's conditions and was in agreement with those
conditions.
Mr. Astavakra responded "that is true, sir." He said he had already applied for the
entertainment business license from the County of Los Angeles and that it was
approved. However, the security guard will be provided to the restaurant on Fridays
and Saturdays, depending on the makeup and number of customers. He has not yet
begun advertising pending the Planning Commission's approval. With the
Commission's approval he will begin advertising for the live band and the alcoholic
permit.
Chair/Tye noticed that the floor plan was provided on Rangoli letterhead. He asked
Mr. Astavakra if he operated that restaurant also.
Mr. Astavakra responded, yes.
Chair/Tye said, "so you know a thing or two about operating a restaurant."
Mr. Astavakra replied "that is correct, sir."
Chair/Tye thanked Mr. Astavakra.
MAY 27, 2003 Page 9 PLANNING COMMISSION
DCM/DeStefano reminded Chair/Tye about Condition (i) and the question about the
hours of sales and consumption for alcoholic beverages. The Commission may want
to amend the condition so that the first sentence would remain as written and a
second sentence would be added to wit: "No alcoholic beverages shall be sold after
12:00 midnight."
C/Ruzicka said that in view of the discussion and taking into account the applicant's
agreement with this evening's additional discussion on conditions, he made the
following motion. That the Planning Commission approve conditional Use Permit
No. 2003-01, Findings of Fact and conditions of approval as listed within the
resolution including the suggested changes to page 5 Condition (i) that "no alcoholic
beverages shall be sold after 12:00 midnight." C/Tanaka seconded the motion.
Motion approved by the following Roll Call vote:
AYES: COMMISSIONERS: Nelson, Ruzicka, Tanaka, Chair/Tye
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: VC/Nolan
Chair/Tye thanked Mr. Astavakra for opening his restaurant in Diamond Bar. The
City appreciates his business.
9. PILANNING COMMISSION COMMENTS: C/Ruzicka stated that during
recent discussions regarding amendments to the Development Code, one of the items was
landscaping on the City's slopes. In a discussion with a couple of officials from the water
district, he was told that Federal grants were available to cities for planting of native type
plants on the slopes. He asked that staff take that issue into account when planning for
landscaping of slopes.
DCM/DeStefano said staff was not aware of grants for landscaping but was familiar with
grants for creation of development standards. Staff will further research the possibility. He
noticed over the weekend that a good portion of the major slope across from Lorbeer Middle
School was landscaped.
C/Ruzicka said that Sunset Magazine has a feature on "water -wise gardening for California."
10. INFORMATIONAL ITEMS: DCM/DeStefano said his advice would be to not drive
the SR 57 between 9:00 p.m. until 5:00 a.m. starting Wednesday, or just about any other day
for the next week between 9:00 p.m. and 6:00 a.m. CalTrans will place large concrete
MAY 27, 2003 Page 10 PLANNING COMMISSION
barriers in the freeway as they work toward major improvements. Over the next week the
freeways would be practically shut down with many ramps closed.
Chair/Tye wondered if CalTrans would adhere to the 5:00 a.m. opening. Yesterday he
witnessed Golden Springs Drive backed up at least a mile.
DCM/DeStefano said he was not aware of any CalTrans activity this morning. The entire
issue of freeway and ramp closures will be very delicate for all of D.B. residents because the
streets will become even more congested. Staff will be meeting with CalTrans officials on a
regular basis to discuss the construction process and what can be done to mitigate traffic on
the City's streets.
Chair/Tye said that three or four lanes of traffic traveling at speeds of 55 or 65 mph cannot be
channeled onto two lanes through town going 40 mph with half a dozen stop lights in
between. Was there any consideration given to traffic direction other than the regular
operation of the signals such as having deputies in place to override the signals and direct
traffic at intersections?
DCM/DeStefano responded that the City might have to do that. Although such discussions
have taken place, there are no formal plans in place to have that type of mitigation. The City
does not yet know when and where the crunch would occur.
DCM/DeStefano reported that last week staff and Council Members attended the
International Counsel of Shopping Center Developers Conference in Las Vegas. Among
other things, the group worked specifically on a project that is proposed to take place at the
Calvary Chapel site. Contemplated for the area is a 14 -acre project that would have a bigger
box and a group of restaurants and stores. The two bigger -box candidates are Target and
Home Depot. Only one can fit on the site. The leader is Home Depot but it could go either
way. The idea is for the restaurants to be upscale, not fast food. The retail stores are
intended to be businesses requested by residents for a number of years. This is an opportunity
that did not exist for Diamond Bar just six months ago. He anticipates the project would
come to the Planning Commission for consideration toward the end of this year. At that
point, he believed that Calvary Chapel would then sell the 14 -acres to Lewis Homes and
Lewis Retails, a significant builder of retail product in Southern California and Nevada. The
parking spaces used by the church will be relocated to Sparking structure and the church
would move its sanctuary to a freestanding structure. Because Lewis has a substantial
housing division, they will propose that about 200 condominiums be developed on the flat
pad, the so-called Citrus Valley Health property hospital site. Staff is working on acquiring a
MAY 27, 2003 Page 11 PLANNING COMMISSION
two -acre piece of property from Lewis who is in escrow to purchase the property from Citrus
Valley so that the City can follow through on a contractual agreement to retain a major sales
tax producer by providing a site. The Planning Commission will look at a project that will
incorporate about 50 acres of ground, General Plan changes, zone changes, a specific plan,
development reviews — similar to the Walnut Valley Trailer property but on a grander scale
and one that is more suitable for a specific plan process. This is an opportunity to generate
significant sales tax for the City, fill voids and reduce the amount of sales tax leakage to
other cities. Prospective retail clients love the demographics of Diamond Bar. The problem
the City has had attracting retail is the lack of land.
DCM/DeStefano further stated that the second site that the group was promoting at the
conference was Site D on behalf of the property owner. In this case, the school district did
not want to be contact and asked him to be the contact. The school district declared Site D
surplus property but had not yet put it out into the marketplace. The school district is
interested in the highest return possible on the sale of the property. The school district
considers Site D to be residential property. The City considers Site D to be commercial/retail
property. The City is moving forward with the concept for a retail center because it presents
an opportunity to create a new grocery store and other goods and services for the south end of
town and to pull people from the freeway. Site D is about 27 acres but a lot of ground is lost
in slopes leaving about a 20 -acre project site. Site D is the site of second choice. It may be a
year or longer before any project comes to fruition at this site.
DCM/DeStefano stated that finally, the group was also pushing, with the owner's permission,
the Walnut Valley Trailer site. This site gained a lot of interest with similar kinds of uses
such as freeway -oriented uses (fast food, lodging, etc) and not so much on the boxes and sit-
down restaurant side because they do not like the single access. The property owner has
decided to hold the property for about another year before embarking on another project.
That would probably depend on the property value and kinds of offers he receives.
C/Tanaka asked if there were sites not currently being considered that would accommodate a
sports complex.
DCM/DeStefano responded that there is no suitable property in the City. What is left lies on
the City's perimeter and would likely occur in that area. It could occur on Site D but Site D
is seen as retail opportunity and revenue generator to pay for programs and services planned
over the next several years.
MAY 27„ 2003 Page 12 PLANNING COMMISSION
Chair/Tye asked DCM/DeStefano if having Home Depots in Pomona and City of Industry
would present a problem to D.B. He thought a Target was planned for Grand Avenue and
Valley Boulevard in Walnut.
DCM/DeStefano assured Chair/Tye that it is not a problem for Home Depot. He has had
numerous conversations with the western real estate developer for Home Depot and has seen
documents that tell him it is not a problem. It could take business from Pomona. Puente
Hills is overcrowded. The Brea store has a different merchandise line that caters to a
different audience. According to the Home Depot people a Diamond Bar outlet would do
very well and that is why they want to be in this location. Target is a little different. They
are not at all concerned about hurting themselves and would look forward to taking what is
left of the Kmart store as well as capturing new customers that shop Target and do not shop
Kmart. He also spoke with the national real estate director for Target who is not afraid of
this site and will be submitting a written offer to the developer to locate a store there. In both
cases, they believe that Diamond Bar will produce above-average earnings for them and for
the City because of Diamond Bar's geographical location and demographics. A few years
ago there was a proposal to build a Target in Walnut that was approved and ultimately lost as
a result of a citizen lawsuit and the project was ultimately abandoned.
Chair/Tye asked if development of Site D would put the final nail in the coffin of the
Country Hills Towne Center? DCM/DeStefano responded that it could. If Diamond Bar
were successful in attracting a major grocery store to the center it would be a real shot in the
arm for the center. Unfortunately, the City is not having any luck finding anyone who wants
to be in that outdated center. If Site D became a theater center, it would have different kinds
of impacts on Country Hills Towne Center. He felt that 10-15 years from now, the center
could be a mixture of multi -family and small neighborhood commercial -retail center.
10. SCHEDULE OF FUTURE EVENTS:
As presented in the agenda.
MAY 27„ 2003 Page 13 PLANNING COMMISSION
C/Nelson pointed out that there were no agenda items scheduled for the June 10 Planning
Commission meeting. DCM/DeStefano concurred that the Commission would likely go dark
on June 10.
ADJOUIUI1MENT: There being no further business to come before the Planning
Commission, Chairman Tye adjourned the meeting at 8:32 p.m.
Respectfully Submitted,
/s/
James DeStefano
Deputy City Manager
Attest:
/s/
Chairman Steve Tye
Agenda No. 6.1.2
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
MAY 27, 2003
CALL TO ORDER:
Chairman Tye called the meeting to order at 7:05 p.m. in the South Coast Air Quality
Managernent/Government Center Auditorium, 21865 East Copley Drive, Diamond Bar, California
91765.
PLEDG]E OF ALLEGIANCE:
Commissioner Tanaka led the pledge of allegiance.
1. ROLL CALL:
Present: Chairman Steve Tye; and Commissioners Steve Nelson; Joe Ruzicka;
and Jack Tanaka.
Vice Chairman Dan Nolan was excused.
Also present: James DeStefano, Deputy City Manager; Ann Lungu, Associate
Planner; Linda Smith, Development Services Assistant; and Stella
Marquez; Administrative Assistant.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered.
3. APPROVAL OF AGENDA: As presented.
4. CONSENT CALENDAR:
4.1 Approval of May 13, 2003, Regular Meeting minutes.
C/Ruzicka moved, C/Tanaka seconded, to approve the May 13, 2003, minutes as
presented. Without objection, the motion was so ordered with VC/Nolan being
absent.
5. OLD BUSINESS: None.
6. NEW BUSINESS: None.
MAY 27, 2003 Page 2
7. PUBLIC HEARINGS:
7.1
PLANNING COMMISSION
Development Review No. 2002-34 (Pursuant to Code Section 22.48.020) is a
request to construct a 31,050 square foot single-story building to be utilized for
medical services-clinic/labs on a vacant lot in the Gateway Corporate Center.
(Continued from April 22, 2003)
PROJECT ADDRESS:
PROJECT OWNER:
APPLICANT:
1336 Bridge Gate Drive
(Lot 18, Tract 39679)
Diamond Bar, CA 91765
Kaiser Foundation Health Plan, Inc.
393 W. Walnut Street
Pasadena, CA 91188
Nancy Burke
393 W. Walnut Street
Pasadena, CA 91188
DCM/DeStefano reported that this was a noticed public hearing for the Commission to
consider a new building within the Gateway Corporate Center for Kaiser Permanente. Kaiser
has sent a letter to the City indicating they wish to withdraw their project at this time while
they work out some architectural and site planning details with the Gateway Corporate
Center. Therefore, staff requests that the Planning Commission receive and file this matter.
When the applicant submits new plans and drawings to the City, staff will reschedule the
matter for the Commission's consideration.
8. PUBLIC HEARINGS:
8.1 Development Review No. 2002-16 (Pursuant to Code Section 22.48.020.a.1) is a
request to construct a two-story, single -family residence with portico, balconies,
covered patio, pool bath and garages totaling to approximately 15,546 gross square
feet. The request also includes pool/spa, BBQ, tennis court, and a series of retaining
walls with an exposed height varying to a maximum of six feet.
PROJECT ADDRESS: 2001 Derringer Lane
Diamond Bar, CA 91765
MAY 27, 2003 Page 3
PROPERTY OWNER:
APPLICANT:
PLANNING COMMISSION
Vinod Bhatia
56 Westbrook Lane
Pomona, CA 91766
Pete Volbeda
615 N. Benson Avenue #D
Upland, CA 91786
AssocP/Lungu presented staff's report. Staff recommends Planning Commission
approval of Development Review No. 2002-16, Findings of Fact, and conditions of
approval as listed within the resolution.
Pete Volbeda, project architect, said this project has gone through a couple of design
revisions. The owners would have preferred to have the house more visible from the
street, but it was not possible. With the resulting design, most of the retaining walls
are not visible from the street, a benefit to the surrounding neighborhood. It is a large
house situated on a large piece of property. He felt the design fit the surrounding
neighborhood very well. He and the property owners agree with staff's conditions of
approval.
Chair/Tye opened the public hearing.
There being no one present who wished to speak on this matter, Chair/Tye closed the
public hearing.
C/Tanaka moved, C/Nelson seconded, to approve Development Review
No. 2002-16, Findings of Fact, and conditions of approval as listed within the
resolution. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Nelson, Ruzicka, Tanaka, Chair/Tye
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: VC/Nolan
8.2 Development Review No. 2003-04 and Minor Conditional Use Permit
No. 2003-07 (Pursuant to Code Sections 22.48, 22.56 and 22.68). The applicant
requests approval of plans to remodel and construct an approximate 1,242 square foot
addition and covered patio to an existing 2,333 square foot one-story single-family
residence with covered patio and three car garage. Additionally, the applicant
MAY 27, 2003 Page 4
PLANNING COMMISSION
requests approval of a Minor Conditional Use Permit to allow for the continuation of
a legal non -conforming distance of approximately 14 feet between structures on
adjoining parcels.
PROJECT ADDRESS: 1609 Ano Nuevo
Diamond Bar, CA 91765
PROPERTY OWNER/ Tony Maese
APPLICANT: 1609 Ano Nuevo Drive
Diamond bar, CA 91765
AssocP/Lungu presented staff's report. Staff recommends Planning Commission
approval of Development Review No. 2003-04 and Minor Conditional Use Permit
No. 2003-07, Findings of Fact, and conditions of approval as listed within the
resolution.
Chair/Tye asked if the 1,242 square feet included the covered patio area. In addition,
there is no permit on file for the existing patio cover. However, it appears on the
assessors' records.
DCM/DeStefano responded that it is possible there was a permit and that it was miss -
filed or lost in the transition of records from Los Angeles County to Diamond Bar.
Tony Maese indicated to Chair/Tye that the 1,242 square feet includes the covered
patio. He read staff's report and concurred with the conditions of approval. When he
purchased the house in 1988 the patio was there. DSA/Smith was somewhat
confused about why the patio was on the assessor's record and said he may have to
obtain a permit. He said he would like to keep the hedges five feet high because it
obscures his front yard. The hedges were there when he moved in, his neighbor likes
them and he keeps them trimmed. He has never received a complaint about the
hedges. The conclusion referred to the possibility of obtaining a geological report.
Although the property has hillside area, it is natural hillside and not a fill. He said the
remodel would take place only on the existing pad.
DCM/DeStefano stated that the City has a requirement limiting the height of a hedge
in the front yard. It also limits the size of a wall within the front yard setback. When
the City reviews a project it looks to bring the property into compliance in all aspects
of the municipal code. In order for the Planning Commission to permit the hedge to
MAY 27, 2003 Page 5
PLANNING COMMISSION
remain above 42 inches it requires a Variance that is not on tonight's agenda. In
addition, on page 9 of the resolution, the applicant is asked to submit a soils report, if
required. The Building Official will decide whether or not it is required to support
the project. The first priority is the safety of the residents and the proper structural
integrity of the structures being created.
Mr. Maese agreed with the item regarding the soils report. He read it wrong. He has
no problem with it because if it affects the safety of the area he would not want any
problem. Regarding the hedge, he will do what he has to do so that the matter of the
hedge would have no bearing on the project.
DCM/DeStefano explained to Chair/Tye that staff could deal with a Minor Variance
request for a five and one-half foot hedge. If he wanted the hedge to be six or seven
feet high he would have to request a Variance requiring another noticed public
hearing before the Planning Commission. He felt the expense would no be worth the
effort. However, it was the homeowner's decision.
Chair/Tye opened the public hearing.
There being no one present who wished to speak on this matter, Chair/Tye closed the
public hearing.
C/Ruzicka stated that in view of the applicant's acquiescence, he moved for Planning
Commission approval of Development Review 2003-04 and Minor Conditional Use
Permit 2003-07, Findings of Fact, and conditions of approval as listed. C/Tanaka
seconded the motion. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Ruzicka, Tanaka, Nelson, Chair/Tye
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: VC/Nolan
8.3 Conditional Use Permit No. 2003-01 (Pursuant to Code Sections 22.58 and
22.10.030 - Table 2-6), is a request to provide entertainment and a bar in connection
with an existing restaurant identified as Scribbles Grille.
PROJECT ADDRESS: 245 Gentle Springs Lane
Diamond Bar, CA 91765
MAY 27, 2003 Page 6
PROPERTY OWNER:
APPLICANT:
PLANNING COMMISSION
P.N. Patel
Ratan Hospitality, LLC
1205 W. Sierra Madre Avenue
Glendora, CA 91741
Raj Astavakra
6226 N. Calera Avenue
Azusa, CA 91702
AssocP/Lungu presented staff's report. Staff recommends Planning Commission
approval of Conditional Use Permit No. 2003-01, Findings of Fact, and conditions of
approval as listed within the resolution.
C/Tanaka asked what kind of security measures the applicant would provide.
AssocP/Lungu referred C/Tanaka to the resolution section that stated "the applicant
shall provide the appropriate security measures associated with this permit and as
required by the City."
C/Tanaka asked about the discrepancy regarding the hours of operation and sale of
alcoholic beverages.
AssocP/Lungu said the hours could be added to the resolution.
Chair/Tye asked for clarification of the fifth and last bullet points on page 3. In
particular, would music be allowed on the outside patio?
Raj Astavakra, offered support that the legacy left behind by the Platinum Club
would not be in any way shape or form if we establish Scribbles Grille. He
understood the City to have numerous problems with adding the Platinum Club and
the parking structure, the loitering of people, none of these activities going on. They
shall not be there. It's going to be upscale dining with a jazz band playing. Last call
is at 12:00 midnight. We kept it at 1:00 a.m. so that patrons could finish their drinks
and have a cooling off period before leaving the restaurant. There will be no D. J.
music or any dancing except for private events if they want to dance - like graduation
parties or things like that. Otherwise there will be no dancing at all. Not even to the
jazz band music. It is just going to be for entertainment purposes only.
MAY 27, 2003 Page 7
PLANNING COMMISSION
C/Tanaka asked Mr. Astavakra what is the room capacity for the bar and for the room
upstairs.
Mr. Astavakra responded that the capacity for the upstairs room is 85-90 people
sitting at one time in the banquet room. The bar has a 125 person capacity including
the patio area.
Chair/Tye opened the public hearing.
There being no one present who wished to speak on this matter, Chair/Tye closed the
public hearing.
Chair/Tye asked if the project was conditioned to prevent prior adverse occurrences
at the premises.
DCM/DeStefano explained that this is a different application and a number of things
have occurred since the Planning Commission considered another application for this
location a few years ago. That applicant for that project ultimately incorporated
practically all of the requirements that the Sheriff's Department and Fire Department
required for the operation that they were conducting. As a result, many of those
requirements have carried over to this project. This project may be slightly different
and that is why the Fire Department will be taking a cursory look at the new
operation. This is not labeled as a nightclub and it is not proposed to activate as
such, as was the former project. Therefore, staff does not see the same issues and
have attempted to write a variety of conditions that limit the activity to the D.J. and
others that were mentioned. In addition, the Planning Commission received
testimony from the applicant about what the activity would be. Staff believes the
conditions are in place to protect the City from the problems associated with the
previous operator. Should issues come to staff's attention i.e., noise in the
neighborhood, condominium owners concerned about noise and debris, vehicles
where they should not be, etc., would be brought to the Commission's attention with
a modification process. Likewise would be non-compliance with fire department
requirements, building and safety requirements and issues related to calls for service
to the sheriff's department. At this point, staff believes the City will not have to deal
with those kinds of issues. However, should they arise, the Commission has the
ability to review the matter and to either change the operating conditions or revoke
the permit.
MAY 27, 2003 Page 8
PLANNING COMMISSION
DCM/DeStefano responded to Chair/Tye that this project is much further along than
the prior project was when it received its approvals. There are a few items remaining
for the applicant's compliance, but staff does not see the same kinds of issues that
haunted the prior project. Also, the County business licensing had a number of
staffing issues that occurred with the previous application that reeked havoc with the
process. Those issues have not occurred since.
DCM/DeStefano responded to C/Tanaka's concern about appropriate security
measures. If the Commission wished to do so it could change the condition to be
more specific in its verbiage and would involve a discussion between staff and the
City's team lieutenant to determine the most appropriate means of providing security
for this project. This project requires a business license from L. A. County and there
may be additional conditions related to security.
Chair/Tye asked Mr. Astavakra to return to the speaker podium. Chair/Tye asked
Mr. Astavakra if he understood staff's conditions and was in agreement with those
conditions.
Mr. Astavakra responded "that is true, sir." He said he had already applied for the
entertainment business license from the County of Los Angeles and that it was
approved. However, the security guard will be provided to the restaurant on Fridays
and Saturdays, depending on the makeup and number of customers. He has not yet
begun advertising pending the Planning Commission's approval. With the
Commission's approval he will begin advertising for the live band and the alcoholic
permit.
Chair/Tye noticed that the floor plan was provided on Rangoli letterhead. He asked
Mr. Astavakra if he operated that restaurant also.
Mr. Astavakra responded, yes.
Chair/Tye said, "so you know a thing or two about operating a restaurant."
Mr. Astavakra replied "that is correct, sir."
Chair/Tye thanked Mr. Astavakra.
MAY 27, 2003 Page 9
PLANNING COMMISSION
DCM/DeStefano reminded Chair/Tye about Condition (i) and the question about the
hours of sales and consumption for alcoholic beverages. The Commission may want
to amend the condition so that the first sentence would remain as written and a
second sentence would be added to wit: "No alcoholic beverages shall be sold after
12:00 midnight."
C/Ruzicka said that in view of the discussion and taking into account the applicant's
agreement with this evening's additional discussion on conditions, he made the
following motion. That the Planning Commission approve conditional Use Permit
No. 2003-01, Findings of Fact and conditions of approval as listed within the
resolution including the suggested changes to page 5 Condition (i) that "no alcoholic
beverages shall be sold after 12:00 midnight." C/Tanaka seconded the motion.
Motion approved by the following Roll Call vote:
AYES: COMMISSIONERS: Nelson, Ruzicka, Tanaka, Chair/Tye
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: VC/Nolan
Chair/Tye thanked Mr. Astavakra for opening his restaurant in Diamond Bar. The
City appreciates his business.
9. PILANNING COMMISSION COMMENTS: C/Ruzicka stated that during
recent discussions regarding amendments to the Development Code, one of the items was
landscaping on the City's slopes. In a discussion with a couple of officials from the water
district, he was told that Federal grants were available to cities for planting of native type
plants on the slopes. He asked that staff take that issue into account when planning for
landscaping of slopes.
DCM/DeStefano said staff was not aware of grants for landscaping but was familiar with
grants for creation of development standards. Staff will further research the possibility. He
noticed over the weekend that a good portion of the major slope across from Lorbeer Middle
School was landscaped.
C/Ruzicka said that Sunset Magazine has a feature on "water -wise gardening for California."
10. INFORMATIONAL ITEMS: DCM/DeStefano said his advice would be to not drive
the SR 57 between 9:00 p.m. until 5:00 a.m. starting Wednesday, or just about any other day
for the next week between 9:00 p.m. and 6:00 a.m. CalTrans will place large concrete
MAY 27, 2003 Page 10
PLANNING COMMISSION
barriers in the freeway as they work toward major improvements. Over the next week the
freeways would be practically shut down with many ramps closed.
Chair/Tye wondered if CalTrans would adhere to the 5:00 a.m. opening. Yesterday he
witnessed Golden Springs Drive backed up at least a mile.
DCM/DeStefano said he was not aware of any CalTrans activity this morning. The entire
issue of freeway and ramp closures will be very delicate for all of D.B. residents because the
streets will become even more congested. Staff will be meeting with CalTrans officials on a
regular basis to discuss the construction process and what can be done to mitigate traffic on
the City's streets.
Chair/Tye said that three or four lanes of traffic traveling at speeds of 55 or 65 mph cannot be
channeled onto two lanes through town going 40 mph with half a dozen stop lights in
between. Was there any consideration given to traffic direction other than the regular
operation of the signals such as having deputies in place to override the signals and direct
traffic at intersections?
DCM/DeStefano responded that the City might have to do that. Although such discussions
have taken place, there are no formal plans in place to have that type of mitigation. The City
does not yet know when and where the crunch would occur.
DCM/DeStefano reported that last week staff and Council Members attended the
International Counsel of Shopping Center Developers Conference in Las Vegas. Among
other things, the group worked specifically on a project that is proposed to take place at the
Calvary Chapel site. Contemplated for the area is a 14 -acre project that would have a bigger
box and a group of restaurants and stores. The two bigger -box candidates are Target and
Home Depot. Only one can fit on the site. The leader is Home Depot but it could go either
way. The idea is for the restaurants to be upscale, not fast food. The retail stores are
intended to be businesses requested by residents for a number of years. This is an opportunity
that did not exist for Diamond Bar just six months ago. He anticipates the project would
come to the Planning Commission for consideration toward the end of this year. At that
point, he believed that Calvary Chapel would then sell the 14 -acres to Lewis Homes and
Lewis Retails, a significant builder of retail product in Southern California and Nevada. The
parking spaces used by the church will be relocated to a parking structure and the church
would move its sanctuary to a freestanding structure. Because Lewis has a substantial
housing division, they will propose that about 200 condominiums be developed on the flat
pad, the so-called Citrus Valley Health property hospital site. Staff is working on acquiring a
MAY 27, 2003 Page 11
PLANNING COMMISSION
two -acre piece of property from Lewis who is in escrow to purchase the property from Citrus
Valley so that the City can follow through on a contractual agreement to retain a major sales
tax producer by providing a site. The Planning Commission will look at a project that will
incorporate about 50 acres of ground, General Plan changes, zone changes, a specific plan,
development reviews - similar to the Walnut Valley Trailer property but on a grander scale
and one that is more suitable for a specific plan process. This is an opportunity to generate
significant sales tax for the City, fill voids and reduce the amount of sales tax leakage to
other cities. Prospective retail clients love the demographics of Diamond Bar. The problem
the City has had attracting retail is the lack of land.
DCM/DeStefano further stated that the second site that the group was promoting at the
conference was Site D on behalf of the property owner. In this case, the school district did
not want to be contact and asked him to be the contact. The school district declared Site D
surplus property but had not yet put it out into the marketplace. The school district is
interested in the highest return possible on the sale of the property. The school district
considers Site D to be residential property. The City considers Site D to be commercial/retail
property. The City is moving forward with the concept for a retail center because it presents
an opportunity to create a new grocery store and other goods and services for the south end of
town and to pull people from the freeway. Site D is about 27 acres but a lot of ground is lost
in slopes leaving about a 20 -acre project site. Site D is the site of second choice. It may be a
year or longer before any project comes to fruition at this site.
DCM/DeStefano stated that finally, the group was also pushing, with the owner's permission,
the Walnut Valley Trailer site. This site gained a lot of interest with similar kinds of uses
such as freeway -oriented uses (fast food, lodging, etc) and not so much on the boxes and sit-
down restaurant side because they do not like the single access. The property owner has
decided to hold the property for about another year before embarking on another project.
That would probably depend on the property value and kinds of offers he receives.
C/Tanaka asked if there were sites not currently being considered that would accommodate a
sports complex.
DCM/DeStefano responded that there is no suitable property in the City. What is left lies on
the City's perimeter and would likely occur in that area. It could occur on Site D but Site D
is seen as retail opportunity and revenue generator to pay for programs and services planned
over the next several years.
MAY 27, 2003 Page 12
PLANNING COMMISSION
Chair/Tye asked DCM/DeStefano if having Home Depots in Pomona and City of Industry
would present a problem to D.B. He thought a Target was planned for Grand Avenue and
Valley Boulevard in Walnut.
DCM/DeStefano assured Chair/Tye that it is not a problem for Home Depot. He has had
numerous conversations with the western real estate developer for Home Depot and has seen
documents that tell him it is not a problem. It could take business from Pomona. Puente
Hills is overcrowded. The Brea store has a different merchandise line that caters to a
different audience. According to the Home Depot people a Diamond Bar outlet would do
very well and that is why they want to be in this location. Target is a little different. They
are not at all concerned about hurting themselves and would look forward to taking what is
left of the Kmart store as well as capturing new customers that shop Target and do not shop
Kmart. He also spoke with the national real estate director for Target who is not afraid of
this site and will be submitting a written offer to the developer to locate a store there. In both
cases, they believe that Diamond Bar will produce above-average earnings for them and for
the City because of Diamond Bar's geographical location and demographics. A few years
ago there was a proposal to build a Target in Walnut that was approved and ultimately lost as
a result of a citizen lawsuit and the project was ultimately abandoned.
Chair/Tye asked if development of Site D would put the final nail in the coffin of the
Country Hills Towne Center? DCM/DeStefano responded that it could. If Diamond Bar
were successful in attracting a major grocery store to the center it would be a real shot in the
arm for the center. Unfortunately, the City is not having any luck finding anyone who wants
to be in that outdated center. If Site D became a theater center, it would have different kinds
of impacts on Country Hills Towne Center. He felt that 10-15 years from now, the center
could be a mixture of multi -family and small neighborhood commercial -retail center.
10. SCHEDULE OF FUTURE EVENTS:
As presented in the agenda.
MAY 27„ 2003 Page 13
PLANNING COMMISSION
C/Nelson pointed out that there were no agenda items scheduled for the June 10 Planning
Commission meeting. DCM/DeStefano concurred that the Commission would likely go dark
on June 10.
ADJOURNMENT: There being no further business to come before the Planning
Commission, Chairman Tye adjourned the meeting at 8:32 p.m.
Respectfully Submitted,
/s/
James DeStefano
Deputy City Manager
Attest:
I s!
Chairman Steve Tye
CITY COUNCIL
Agenda # 6. 3
Meeting Date: June 17, 2003
AGENDA REPORT
TO: Honorable Mayor and Members the City Council
VIA: Linda C. Lowry, City Manager,
TITLE: ADOPTION OF RESOLUTIONS PERTAINING TO GENERAL
MUNICIPAL ELECTION TO BE HELD NOVEMBER 4, 2003.
SUMMARY:
Pursuant to the California Elections Code, the City Council must adopt resolutions
calling and giving notice of the holding of an election and requesting the Board of
Supervisors to consolidate the City's election with School Elections on November 4,
2003. In addition, the City Council must adopt regulations pertaining to the filing of
candidates' statements.
RECOMMENDATION:
It is recommended that the City Council adopt the following Resolutions:
I. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING
OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 4, 2003, FOR THE ELECTION OF CERTAIN OFFICERS AS
REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF
CALIFORNIA RELATING TO GENERAL LAW CITIES.
2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF
THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2003, WITH
THE SCHOOL ELECTIONS TO BE HELD ON THE DATE PURSUANT
TO §10403 OF THE ELECTIONS CODE.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES
FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS
SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 4 2003.
Honorable Mayor and Members of the City Council
June 17, 2003
Page Two
FINANCIAL SUMMARY:
City Clerk staff has estimated that total costs for the election will be approximately
$50,000 and this amount has been included in the Division's Fiscal Year 2003-04
budget request.
PREPARED BY:
Lynda Burgess, City Clerk
REVIEWED BY:
Lynda Burgess, Ci y Clerk
Attachments:
N"� -
David Doyle, Depu City Manager
'I. RESOLUTION NO. 2003 -XX CALLING AND GIVING NOTICE OF THE
HOLDING OF A GENERAL MUNICIPAL ELECTION;
2. RESOLUTION NO. 2003 -XX REQUESTING THE BOARD OF
SUPERVISORS TO CONSOLIDATE A GENERAL MUNICIPAL
ELECTION WITH SCHOOL ELECTIONS;
3. RESOLUTION NO. 2003 -XX ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE.
RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING
OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 4, 2003, FOR THE ELECTION OF CERTAIN OFFICERS AS
REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF
CALIFORNIA RELATING TO GENERAL LAW CITIES.
WHEREAS, under the provisions of the laws relating to general law cities in the
State of California, a General Municipal Election shall be held on November 4, 2003, for
the election of Municipal Officers.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws of the State of
California relating to General Law Cities, there is called and ordered to be held in the
City of Diamond Bar, California, on Tuesday, November 4, 2003, a General Municipal
Election for the purpose of electing two (2) Members of the City Council for the full term
of four years.
SECTION 2. That the ballots to be used at the election shall be in form and
content as required by law.
SECTION 3. That the City Clerk is authorized, instructed and directed to procure
and furnish any and all official ballots, notices, printed matter and all supplies,
equipment and paraphernalia that may be necessary in order to properly and lawfully
conduct the election.
SECTION 4. That the polls for the election shall be open at seven o'clock a.m. of
the day of the election and shall remain open continuously from that time until eight
o'clock p.m. of the same day when the polls shall be closed, except as provided in
§14401 of the Elections Code of the State of California.
SECTION 5. That in all particulars not recited in this resolution, the election shall
be held and conducted as provided by law for holding municipal elections.
cECTION 6. That notice of the time and place of holding the election is given
and the City Clerk is authorized, instructed and directed to give further or additional
notice of the election, in time, form and manner as required by law.
SECTION 7. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED AND ADOPTED ON June 17, 2003.
Carol Herrera, Mayor
ATTEST:
Linda C. Lowry, City Clerk
I, LINDA C. LOWRY, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was passed, adopted and approved at a regular meeting of the
City Council of the City of Diamond Bar held on the 17th day of June, 2003, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Linda C. Lowry, City Clerk of the
City of Diamond Bar
RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF LOS ANGELES TO
CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD
ON NOVEMBER 4, 2003, WITH THE SCHOOL ELECTIONS TO BE
HELD ON THE DATE PURSUANT TO §10403 OF THE
ELECTIONS CODE.
WHEREAS, the City Council of the City of Diamond Bar called a General
Municipal Election to be held on November 4, 2003, for the purpose of the election of
two Members of the City Council;
WHEREAS, it is desirable that the General Municipal Election be consolidated
with the School elections to be held on the same date and that within the city the
precincts, polling places and election officers of the two elections be the same, and that
the county election department of the County of Los Angeles canvass the returns of the
General Municipal Election and that the election be held in all respects as if there were
only one election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of §10403 of the
Elections Code, the Board of Supervisors of the County of Los Angeles is hereby
requested to consent and agree to the consolidation of a General Municipal Election
with the School elections on Tuesday, November 4, 2003, for the purpose of the
election of two Members of the City Council.
SECTION 2. That the county election department is authorized to
canvass the returns of the General Municipal Election. The election shall be held in all
respects as if there were only one election, and only one form of ballot shall be used.
SECTION 3. That the Board of Supervisors is requested to issue
instructions to the county election department to take any and all steps necessary for
the holding of the consolidated election.
SECTION 4. That the City of Diamond Bar recognizes that
additional costs will be incurred by the County by reason of this consolidation and
agrees to reimburse the County for any costs.
SECTION 5. That the City Clerk is hereby directed to file a certified
copy of this resolution with the Board of Supervisors and the county election department
of the County of Los Angeles.
SECTION 6. That the City Clerk shall certify to the passage and
adoption of this resolution and enter it into the book of original resolutions.
ATTEST:
PASSED, APPROVED AND ADOPTED ON June 17, 2003.
Linda C. Lowry, City Clerk
Carol Herrera, Mayor
I, LINDA C. LOWRY, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was passed, adopted and approved at a regular meeting of the
City Council of the City of Diamond Bar held on the 17th day of June, 2003, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Linda C. Lowry, City Clerk of the
City of Diamond Bar
RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES
FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS
SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 4 2003.
WHEREAS, §13307 of the Elections Code of the State of California provides that
the governing body of any local agency adopt regulations pertaining to materials
prepared by any candidate for a municipal election, including costs of the candidates
statement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. GENERAL PROVISIONS. That pursuant to §13307 of the
Elections Code of the State of California, each candidate for elective office to be voted
for at an Election to be held in the City of Diamond Bar on November 4, 2003 may
prepare a candidate's statement on an appropriate form provided by the City Clerk. The
statement may include the name, age and occupation of the candidate and a brief
description of no more than 200 words of the candidate's education and qualifications
expressed by the candidate himself or herself. The statement shall not include party
affiliation of the candidate, nor membership or activity in partisan political organizations.
The statement shall be filed in typewritten form in the office of the City Clerk at the time
the candidate's nomination papers are filed. The statement may be withdrawn, but not
changed, during the period for filing nomination papers and until 5:00 p.m. of the next
workings day after the close of the nomination period.
SECTION 2. FOREIGN LANGUAGE POLICY.
a. Pursuant to the Voting Rights Act, the city may be required to translate
candidates statements into the following languages: Spanish, Chinese,
Japanese, Korean, Tagalog, Vietnamese.
b. Pursuant to state law, the candidate's statement must be translated and
printed (in the voters pamphlet) in any language at the candidates
request.
C. The City Clerk shall print any translations of candidates who so request
printing in the voters pamphlet.
SECTION 3. PAYMENT.
a. The candidate shall be required to pay for the cost of printing the
candidates statement in English in the voters pamphlet.
b. The candidate shall be required to pay for the cost of translating the
candidates statement into any required foreign language as specified in
(a) and/or (b) above pursuant to State and/or Federal law.
C. The candidate shall be required to pay for the cost of printing the
candidates statement in a foreign language in the voters pamphlet.
The City Clerk shall estimate the total cost of printing, handling, translating, and mailing
the candidate's statements filed pursuant to this section, including costs incurred as a
result of complying with the Voting Rights Act of 1965 (as amended), and require each
candidate filing a statement to pay in advance to the local agency his or her estimated
pro rata share as a condition of having his or her statement included in the voter's
pamphlet. In the event the estimated payment is required, the estimate is just an
approximation of the actual cost that varies from one election to another election and
may be significantly more or less than the estimate, depending on the actual number of
candidates filing statements. Accordingly, the clerk is not bound by the estimate and
may, on a pro rata basis, bill the candidate for additional actual expense or refund any
excess paid depending on the final actual cost. In the event of underpayment, the clerk
may require the candidate to pay the balance of the cost incurred. In the event of
overpayment, the clerk shall prorate the excess amount among the candidates and
refund the excess amount paid within 30 days of the election.
SECTION 4. ADDITIONAL MATERIALS. No candidate will be permitted to
include additional materials in the sample ballot package.
SECTION 5. That the City Clerk shall provide each candidate or the
candidate's representative a copy of this Resolution at the time nominating petitions are
issued.
SECTION 6. That all previous resolutions establishing council policy on
payment for candidates statements are repealed.
SECTION 7. That this resolution shall apply at the next ensuing municipal
election and at each municipal election after that time.
SECTION B. That the City Clerk shall certify to the passage and adoption of
this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED ON June 17, 2003.
Carol Herrera, Mayor
ATTEST:
Linda C. Lowry, City Clerk
I, LINDA C. LOWRY, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was passed, adopted and approved at a regular meeting of the
City Council of the City of Diamond Bar held on the 17th day of June, 2003, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ATTEST:
Linda C. Lowry, City Clerk of the
City of Diamond Bar
Agenda # 6.3
Meeting Date: June 17, 2003
CITY COUNCILAGENDA REPORT
TO:
Honorable Mayor and Members A the City Council
VIA: Linda C. Lowry, City Manager
TITLE: ADOPTION OF RESOLUTIONS PERTAINING TO GENERAL
MUNICIPAL ELECTION TO BE HELD NOVEMBER 4, 2003.
SUMMARY:
Pursuant to the California Elections Code, the City Council must adopt resolutions
calling and giving notice of the holding of an election and requesting the Board of
Supervisors to consolidate the City's election with School Elections on November 4,
2003. In addition, the City Council must adopt regulations pertaining to the filing of
candidates' statements.
RECOMMENDATION:
It is recommended that the City Council adopt the following Resolutions:
'I. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING
OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 4, 2003, FOR THE ELECTION OF CERTAIN OFFICERS AS
REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF
CALIFORNIA RELATING TO GENERAL LAW CITIES.
2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF
THE COUNTY OF LOS ANGELES TO CONSOLIDATE A GENERAL
MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 4, 2003, WITH
THE SCHOOL ELECTIONS TO BE HELD ON THE DATE PURSUANT
TO §10403 OF THE ELECTIONS CODE.
:3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES
FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS
SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 4 2003.
Honorable Mayor and Members of the City Council
June 17, 2003
Page Two
FINANCIAL SUMMARY:
City Clerk staff has estimated that total costs for the election will be approximately
$50,000 and this amount has been included in the Division's Fiscal Year 2003-04
budget request.
PREPARED BY:
Lynda Burgess, City Clerk
REVIEWED BY:
Attachments:
1. RESOLUTION NO. 2003 -XX CALLING AND GIVING NOTICE OF THE
HOLDING OF A GENERAL MUNICIPAL ELECTION;
2. RESOLUTION NO. 2003 -XX REQUESTING THE BOARD OF
SUPERVISORS TO CONSOLIDATE A GENERAL MUNICIPAL
ELECTION WITH SCHOOL ELECTIONS;
3. RESOLUTION NO. 2003 -XX ADOPTING REGULATIONS FOR
CANDIDATES FOR ELECTIVE OFFICE.
RESOLUTION NO. 2003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
E3AR, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING
OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 4, 2003, FOR THE ELECTION OF CERTAIN OFFICERS AS
REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF
CALIFORNIA RELATING TO GENERAL LAW CITIES.
WHEREAS, under the provisions of the laws relating to general law cities in the
State of California, a General Municipal Election shall be held on November 4, 2003, for
the election of Municipal Officers,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. That pursuant to the requirements of the laws of the State of
California relating to General Law Cities, there is called and ordered to be held in the
City of Diamond Bar, California, on Tuesday, November 4, 2003, a General Municipal
Election for the purpose of electing two (2) Members of the City Council for the full term
of four years.
SECTION 2. That the ballots to be used at the election shall be in form and
content as required by law.
SECTION 3. That the City Clerk is authorized, instructed and directed to procure
and furnish any and all official ballots, notices, printed matter and all supplies,
equipment and paraphernalia that may be necessary in order to properly and lawfully
conduct the election.
SECTION 4. That the polls for the election shall be open at seven o'clock a.m. of
the day of the election and shall remain open continuously from that time until eight
o'clock p.m. of the same day when the polls shall be closed, except as provided in
§14401 of the Elections Code of the State of California.
SECTION 5. That in all particulars not recited in this resolution, the election shall
be held and conducted as provided by law for holding municipal elections.
SECTION 6. That notice of the time and place of holding the election is given
and the City Clerk is authorized, instructed and directed to give further or additional
notice of the election, in time, form and manner as required by law.
SECTION 7. That the City Clerk shall certify to the passage and adoption of this
Resolution and enter it into the book of original Resolutions.
PASSED, APPROVED AND ADOPTED ON June 17, 2003.
Carol Herrera, Mayor
ATTEST:
Linda C. Lowry, City Clerk
I, LINDA C. LOWRY, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was passed, adopted and approved at a regular meeting of the
City Council of the City of Diamond Bar held on the 17th day of June, 2003, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Linda C. Lowry, City Clerk of the
City of Diamond Bar
RESOLUTION NO. 2003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD OF
SUPERVISORS OF THE COUNTY OF LOS ANGELES TO
CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD
ON NOVEMBER 4, 2003, WITH THE SCHOOL ELECTIONS TO BE
HELD ON THE DATE PURSUANT TO §10403 OF THE
ELECTIONS CODE.
WHEREAS, the City Council of the City of Diamond Bar called a General
Municipal Election to be held on November 4, 2003, for the purpose of the election of
two Members of the City Council;
WHEREAS, it is desirable that the General Municipal Election be consolidated
with the School elections to be held on the same date and that within the city the
precincts, polling places and election officers of the two elections be the same, and that
the county election department of the County of Los Angeles canvass the returns of the
General Municipal Election and that the election be held in all respects as if there were
only one election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
SECTION 1. That pursuant to the requirements of §10403 of the
Elections Code, the Board of Supervisors of the County of Los Angeles is hereby
requested to consent and agree to the consolidation of a General Municipal Election
with the School elections on Tuesday, November 4, 2003, for the purpose of the
election of two Members of the City Council.
SECTION 2. That the county election department is authorized to
canvass the returns of the General Municipal Election. The election shall be held in all
respects as if there were only one election, and only one form of ballot shall be used.
SECTION 3. That the Board of Supervisors is requested to issue
instructions to the county election department to take any and all steps necessary for
the holding of the consolidated election.
SECTION 4. That the City of Diamond Bar recognizes that
additional costs will be incurred by the County by reason of this consolidation and
agrees to reimburse the County for any costs.
SECTION 5. That the City Clerk is hereby directed to file a certified
copy of this resolution with the Board of Supervisors and the county election department
of the County of Los Angeles.
SECTION 6. That the City Clerk shall certify to the passage and
adoption of this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED ON June 17, 2003.
ATTEST:
Linda C. Lowry, City Clerk
Carol Herrera, Mayor
I, LINDA C. LOWRY, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was passed, adopted and approved at a regular meeting of the
City Council of the City of Diamond Bar held on the 17th day of June, 2003, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Linda C. Lowry, City Clerk of the
City of Diamond Bar
RESOLUTION NO. 2003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, CALIFORNIA, ADOPTING REGULATIONS FOR CANDIDATES
FOR ELECTIVE OFFICE PERTAINING TO CANDIDATES STATEMENTS
SUBMITTED TO THE VOTERS AT AN ELECTION TO BE HELD ON
TUESDAY, NOVEMBER 4 2003.
WHEREAS, §13307 of the Elections Code of the State of California provides that
the governing body of any local agency adopt regulations pertaining to materials
prepared by any candidate for a municipal election, including costs of the candidates
statement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
SECTION 1. GENERAL PROVISIONS. That pursuant to §13307 of the
Elections Code of the State of California, each candidate for elective office to be voted
for at an Election to be held in the City of Diamond Bar on November 4, 2003 may
prepare a candidate's statement on an appropriate form provided by the City Clerk. The
statement may include the name, age and occupation of the candidate and a brief
description of no more than 200 words of the candidate's education and qualifications
expressed by the candidate himself or herself. The statement shall not include party
affiliation of the candidate, nor membership or activity in partisan political organizations.
The statement shall be filed in typewritten form in the office of the City Clerk at the time
the candidate's nomination papers are filed. The statement may be withdrawn, but not
changed, during the period for filing nomination papers and until 5:00 p.m. of the next
working day after the close of the nomination period.
SECTION 2. FOREIGN LANGUAGE POLICY.
a. Pursuant to the Voting Rights Act, the city may be required to translate
candidates statements into the following languages: Spanish, Chinese,
Japanese, Korean, Tagalog, Vietnamese.
b. Pursuant to state law, the candidate's statement must be translated and
printed (in the voters pamphlet) in any language at the candidates
request.
c. The City Clerk shall print any translations of candidates who so request
printing in the voters pamphlet.
SECTION 3. PAYMENT.
a. The candidate shall be required to pay for the cost of printing the
candidates statement in English in the voters pamphlet.
b. The candidate shall be required to pay for the cost of translating the
candidates statement into any required foreign language as specified in
(a) and/or (b) above pursuant to State and/or Federal law.
c. The candidate shall be required to pay for the cost of printing the
candidates statement in a foreign language in the voters pamphlet.
The City Clerk shall estimate the total cost of printing, handling, translating, and mailing
the candidate's statements filed pursuant to this section, including costs incurred as a
result of complying with the Voting Rights Act of 1965 (as amended), and require each
candidate filing a statement to pay in advance to the local agency his or her estimated
pro rata share as a condition of having his or her statement included in the voter's
pamphlet. In the event the estimated payment is required, the estimate is just an
approximation of the actual cost that varies from one election to another election and
may be significantly more or less than the estimate, depending on the actual number of
candidates filing statements. Accordingly, the clerk is not bound by the estimate and
may, on a pro rata basis, bill the candidate for additional actual expense or refund any
excess paid depending on the final actual cost. In the event of underpayment, the clerk
may require the candidate to pay the balance of the cost incurred. In the event of
overpayment, the clerk shall prorate the excess amount among the candidates and
refund the excess amount paid within 30 days of the election.
SECTION 4. ADDITIONAL MATERIALS. No candidate will be permitted to
include additional materials in the sample ballot package.
SECTION 5. That the City Clerk shall provide each candidate or the
candidate's representative a copy of this Resolution at the time nominating petitions are
issued.
SECTION 6. That all previous resolutions establishing council policy on
payment for candidates statements are repealed.
SECTION 7. That this resolution shall apply at the next ensuing municipal
election and at each municipal election after that time.
SECTION 8. That the City Clerk shall certify to the passage and adoption of
this resolution and enter it into the book of original resolutions.
PASSED, APPROVED AND ADOPTED ON June 17, 2003.
ATTEST:
Carol Herrera, Mayor
Linda C. Lowry, City Clerk
I, LINDA C. LOWRY, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was passed, adopted and approved at a regular meeting of the
City Council of the City of Diamond Bar held on the 17th day of June, 2003, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ATTEST:
Linda C. Lowry, City Clerk of the
City of Diamond Bar
Agenda # 6.4
Meeting Date: 06/17/03
I
1 I'
-a4
IN
CITY-OUNCIL .:' AGENDA REP
- ORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manag r
TITLE: A RESOLUTION APPROVING THE APPLICATION FOR GRANT FUNDS IN THE
AMOUNT OF $25,000 FOR THE CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY
INTEGRATED WASTE MANAGEMENT BOARD GRANT PROGRAM UNDER THE CALIFORNIA
TIRE RECYCLING ACT TO PROVIDE RESILIENT PLAYGROUND SURFACING AS A
COMPONENT OF THE STARSHINE PARK ADA RETRO -FIT PROJECT.
RECOMMENDATION: Adopt the Resolution.
FINANCIAL IMPACT: If awarded, the grant would secure $25,000 toward the Starshine Park
ADA retro -fit and improvement project, which is not budgeted for completion.
BACKGROUND: The California Integrated Waste Management Board (CIWMB) receives an
annual appropriation from the California Tire Recycling Management Fund to administer the
California Tire Recycling Act (Statutes of 1989, Chapter 974). As part of the Act, CIWMB is
offering the competitive -based Waste Tire Playground Cover Grant Program to encourage the
reduction of landfill disposal and the stockpiling of California waste tires.
In order to comply with the Americans with Disabilities Act (ADA) accessibility requirements for a
play equipment area, resilient surfacing must be provided along the accessible route for areas
within 8 feet of play equipment. Resilient surfacing, manufactured using waste tires, provides the
safe, firm, and stable surface, which meets the ADA requirements. If awarded, the grant funds will
be used for the installation of resilient playground surfacing, manufactured from 100 percent
California waste tires, at Starshine Park as a component of the ADA retro -fit project.
Grant funding will not exceed twenty-five thousand dollars ($25,000) for any jurisdiction. The
Waste Tire Playground Cover Grant Program requires a fifty percent (50%) match of the grant
amount requested. The match requirement may be met by including costs related to purchasing
playground equipment, preparation of the playground facility, installation, public education,
surfacing materials, and signage. The match requirement of twelve thousand five hundred dollars
($12,500) may be funded through a variety of grant funds, such as Proposition 12, Proposition 40,
or Proposition A.
DISCUSSION: The City's contracted grant writer, Applied Development Economics with
assistance from Community Services staff, is preparing the Waste Tire Playground Cover Grant
Program application. The application is due June 27, 2003. This adoption of the resolution is a
required element of the grant application.
ATTACHMENTS: Resolution No. 03-xx
PREPARED IBY:
Kim Crews, Senior Management Analyst
REVIEWED—BY:
Bob Rose
Director of Community Services
l
James DeSte ano
Deputy City Manager
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE CALIFORNIA
ENVIRONMENTAL PROTECTION AGENCY INTEGRATED WASTE
MANAGEMENT BOARD WASTE TIRE PLAYGROUND COVER GRANT
For The Development and Improvement of the
Playground Surface at Starshine Park
WHEREAS, the people of the State of California have enacted Assembly Bill 1843
(W. Brown, chapter 974, Statutes of 1989) that provides grants to public entities
involved in activities that result in reduced landfill disposal of used whole tires and
reduced illegal disposal or stockpiling of used whole tires; and
WHEREAS, the California Integrated Waste Management Board has been
delegated the responsibility for the administration of the program for the State,
setting up necessary procedures governing applications; and
WHEREAS, said procedures established by the California Integrated Waste
Management Board require the applicant to certify by resolution approval of the
application before submission of said application to the State; and
WHEREAS, if awarded a grant, the applicant will enter into a Grant Agreement with
the State of California for development of the project;
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of
Diamond Bar authorizes the submittal of an application to the California Integrated
Waste Management Board for the 2003/2004 Playground Cover Grant Program.
The City Manager, Linda C. Lowry of the City of Diamond Bar is hereby authorized
and empowered to execute in the name of the City of Diamond Bar all necessary
documents, including but not limited to, applications, agreements, amendments,
and payment requests necessary to secure grant funds and to implement and carry
out the purposes specified in the grant application.
The foregoing resolution was passed, adopted and approved by the City Council of
the City of Diamond Bar this seventeenth day of June 2003. Effective June 17,
2003.
Carol Herrera, MAYOR
do
I, LINDA C. LOWRY, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing
Resolution was passed, adopted and approved at a regular meeting of the City Council of the City
of Diamond Bar held on the seventeenth day of June, 2003, by the following vote:
AYECOUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ATTEST:
Linda C. Lowry, CITY CLERK
CITY OF DIAMOND BAR
Agenda # 6.4
Meeting Date: 06/17/03
111 FIN 11101I.J11A4
TO: Honorable Mayor and MembersAf the City Council
VIA: Linda C. Lowry, City Manag
TITLE: A RESOLUTION APPROVING THE APPLICATION FOR GRANT FUNDS IN THE
AMOUNT OF $25,000 FOR THE CALIFORNIA ENVIRONMENTAL PROTECTION AGENCY
INTEGRATE[) WASTE MANAGEMENT BOARD GRANT PROGRAM UNDER THE CALIFORNIA
TIRE RECYCLING ACT TO PROVIDE RESILIENT PLAYGROUND SURFACING AS A
COMPONENT OF THE STARSHINE PARK ADA RETRO-FIT PROJECT.
RECOMMENDATION: Adopt the Resolution.
FINANCIAL IMPACT: If awarded, the grant would secure $25,000 toward the Starshine Park
ADA retro-fit and improvement project, which is not budgeted for completion.
BACKGROUND: The California Integrated Waste Management Board (CIWMB) receives an
annual appropriation from the California Tire Recycling Management Fund to administer the
California Tire Recycling Act (Statutes of 1989, Chapter 974). As part of the Act, CIWMB is
offering the competitive-based Waste Tire Playground Cover Grant Program to encourage the
reduction of landfill disposal and the stockpiling of California waste tires.
In order to comply with the Americans with Disabilities Act (ADA) accessibility requirements for a
play equipment area, resilient surfacing must be provided along the accessible route for areas
within 8 feet of play equipment. Resilient surfacing, manufactured using waste tires, provides the
safe, firm, and stable surface, which meets the ADA requirements. If awarded, the grant funds will
be used for the installation of resilient playground surfacing, manufactured from 100 percent
California waste tires, at Starshine Park as a component of the ADA retro-fit project.
Grant funding will not exceed twenty-five thousand dollars ($25,000) for any jurisdiction. The
Waste Tire Playground Cover Grant Program requires a fifty percent (50%) match of the grant
amount requested. The match requirement may be met by including costs related to purchasing
playground equipment, preparation of the playground facility, installation, public education,
surfacing materials, and signage. The match requirement of twelve thousand five hundred dollars
($12,500) may be funded through a variety of grant funds, such as Proposition 12, Proposition 40,
or Proposition A.
DISCUSSION: The City's contracted grant writer, Applied Development Economics with
assistance from Community Services staff, is preparing the Waste Tire Playground Cover Grant
Program application. The application is due June 27, 2003. This adoption of the resolution is a
required element of the grant application.
ATTACHMENTS: Resolution No. 03-xx
PREPARED BY:
Kim Crews, Senior Management Analyst
Bob Rose James DeStefano
Director of Community Services Deputy City Manager
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE CALIFORNIA
ENVIRONMENTAL PROTECTION AGENCY INTEGRATED WASTE
MANAGEMENT BOARD WASTE TIRE PLAYGROUND COVER GRANT
For The Development and Improvement of the
Playground Surface at Starshine Park
WHEREAS, the people of the State of California have enacted Assembly Bill 1843
(W. Brown, chapter 974, Statutes of 1989) that provides grants to public entities
involved in activities that result in reduced landfill disposal of used whole tires and
reduced illegal disposal or stockpiling of used whole tires; and
WHEREAS, the California Integrated Waste Management Board has been
delegated the responsibility for the administration of the program for the State,
setting up necessary procedures governing applications; and
WHEREAS, said procedures established by the California Integrated Waste
Management Board require the applicant to certify by resolution approval of the
application before submission of said application to the State; and
WHEREAS, if awarded a grant, the applicant will enter into a Grant Agreement with
the State of California for development of the project;
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of
Diamond Bar authorizes the submittal of an application to the California Integrated
Waste Management Board for the 2003/2004 Playground Cover Grant Program.
The City Manager, Linda C. Lowry of the City of Diamond Bar is hereby authorized
and empowered to execute in the name of the City of Diamond Bar all necessary
documents, including but not limited to, applications, agreements, amendments,
and payment requests necessary to secure grant funds and to implement and carry
out the purposes specified in the grant application.
The foregoing resolution was passed, adopted and approved by the City Council of
the City of Diamond Bar this seventeenth day of June 2003. Effective June 17,
2003.
Carol Herrera, MAYOR
I, LINDA C. LOWRY, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing
Resolution was passed, adopted and approved at a regular meeting of the City Council of the City
of Diamond Bar held on the seventeenth day of June, 2003, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ATTEST:
Linda C. Lowry, CITY CLERK
CITY OF DIAMOND BAR
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
,-i
VIA: Linda C. Lowry, City Manage
Agenda # 6.5
Meeting Date: June 17 2003
AGENDA REPORT
TITLE: Contract Amendment With Diversified Paratransit, Inc. For Fiscal Year 2003-2004 Diamond
Ride (DIAL -A -CAB) Service
RECOMMENDATION:
Approve the Contract Amendment.
FISCAL IMPACT:
The Diamond Ride (Dial -A -Cab) program is funded through Proposition A, Local Transit Funds. The proposed
budget for FY 2003-2004 is $330,000.
BACKGROUND/DISCUSSION:
In April 1995, the City established the Diamond Ride (Dial -A -Cab) service to provide a reliable, useable
transportation system for the elderly (60 years of age and older) and physically challenged residents of Diamond
Bar. The Diamond Ride (Dial -A -Cab) system operates seven (7) days a week, 24 hours a day, within a designated
geographic boundary and designated facilities. As the City's current service provider, Diversified Paratransit, Inc.
(DPI) has been serving the community since the inception of this demand -response program. After a RFP process,
the City Council awarded the current contract to Diversified Paratransit, Inc on March 1999 for one year, with
provision for annual extension (s) by mutual agreement. This Contract Amendment No. 4 represents year five (5) of
the service.
The proposed (200312004) fees will remain at $1.90 flag drop (flag drop is the fixed charged for initiating a trip) and
$1.90 per mile meter rate, with no wait time fees, and a 10% administrative fee charged by DPI. The Diamond Ride
Program continues to serve as a reliable and in -demand public transportation service for the City's elderly and
disabled; therefore, staff is requesting that City Council approve Contract Amendment No. 4 with Diversified
Paratransit, Inc.
PREPARED BY:
Debbie Gonzales, Administrative Assistant
REVIEWED BY:
avid iu
Director of Public Works
Date Prepared: June 9, 2003
'11, —P—
J es DeStefan
Deputy City Man ger
Attachments: "I"'— Amendment No. 4 to the Agreement
"I I" — Request to Extend Contract, dated May 27, 2003
-2-
ATTACHMENT "I"
AMENDMENT NO. 4 TO THE AGREEMENT FOR
DIAMOND RIDE (DIAL -A -CAB) SERVICES
FOR 2003-2004 FISCAL YEAR
This Amendment No. 4 to the City's Consulting Agreement is made and
entered into this 17th day of June, 2003 by and between the CITY OF DIAMOND
BAR„ a municipal corporation (hereinafter referred to as "City") and
DIVERSIFIED PARATRANSIT, Inc. (hereinafter referred to as "CONTRACTOR").
A. Recitals:
(i) The CITY has heretofore entered into an agreement with
Diversified Paratransit, Inc. to provide Dial -A -Cab services to
the eligible elderly and persons with disabilities who reside in
Diamond Bar, dated March 2, 1999 ("SAID AGREEMENT"
hereinafter). A true and correct copy of which is attached
hereto as Exhibit "A".
(ii) CONSULTANT has requested a one-year extension
proposal ("PROJECT" hereinafter), a full, true and correct
copy of which attached hereto as Exhibit "C" to extend
said services for a period of one (1) year.
NOW, THEREFORE, it is agreed by and between CITY and CONTRACTOR:
B. Amendment to Agreement:
Section 20 of the original agreement is hereby amended as follows:
"20. Term. The term of this Agreement shall commence July 1,
2003 and shall be extended through June 30, 2004".
Each party to this Supplemental Agreement acknowledges that no representation
by any party which is not embodies herein nor any other agreement, statement,
or promise not contained in this Supplemental Agreement shall be valid and
binding. Any modification of this Supplemental Agreement shall be effective only
if it is in writing signed by the parties.
VU, Lu, UV All. . YY 1t V Vi.
Jun 10 03 12:46p City of Diamond Bar 909-396-7486
IN WITNESS WHEREOF, the parties hereto have executed this
Supplemental Agreement as of the day and year first set forth above_
"CITY"
ATTEST:
By:
Lynda Burgess, City
APPROVED AS TO FORM:
CITY OF DIAMOND BAR
By:
Carol Herrera, Mayor
"CONTRACTOR":
DIVERSIFIED PARATRANSIT
BY.
City Attorney Brian Hunt, president
ATTACIMIff "II"
Tuesday, May 27, 2003
MAY 28 2003
Mr. David Liu
Director of Public Works
City of Diamond Bar
21825 East Copley Drive
Diamond Bar, CA 91765-4178
RE: Diamond Ride Contract Extension
Dear Mr. Liu:
Thank you for the opportunity to provide the Diamond Ride transportation service
to your residents during the past several years. We appreciate the productive and
positive working relationship we have with the City of Diamond Bar, and we want it
to continue.
Please consider this letter a request to renew our contract to provide Diamond Ride
service for another year effective July 1, 2003. No changes to the rates or terms of
the service are requested. The current rate for service is $1.90 per mile, with no
wait time charged, offering the City of Diamond Bar a 20% discount over regular
meter rates.
We truly appreciate working with your staff and residents. The Diamond Ride
program works smoothly and provides the transportation that seniors and the
disabled need to live active, healthy, and productive lives. We're proud to be a part
of that, and look forward to our continued relationship.
Please contact me at (909), 6-22-1316 Ext. 3221
advance for your attention to this matter.
Respectfully,
f
Scout Williams
Business Development Manager
with any questions. Thank you in
1400 E. Mission Blvd., Pomona, CA 91766
(909) 622-1313 Fax (909) 622-2173
Agenda # 6.5
Meeting Date: June 17 2003
TO:
Honorable Mayor and Members of the City Council
n
VIA: Linda C. Lowry, City Manag
TITLE: Contract Amendment With Diversified Paratransit, Inc. For Fiscal Year 2003-2004 Diamond
Ride (DIAL-A-CAB) Service
RECOMMENDATION:
Approve the Contract Amendment.
FISCAL IMPACT:
The Diamond Ride (Dial-A-Cab) program is funded through Proposition A, Local Transit Funds. The proposed
budget for FY 2003-2004 is $330,000.
BACKGROUND/DISCUSSION:
In April 1995, the City established the Diamond Ride (Dial-A-Cab) service to provide a reliable, useable
transportation system for the elderly (60 years of age and older) and physically challenged residents of Diamond
Bar. The Diamond Ride (Dial-A-Cab) system operates seven (7) days a week, 24 hours a day, within a designated
geographic boundary and designated facilities. As the City's current service provider, Diversified Paratransit, Inc.
(DPI) has been serving the community since the inception of this demand-response program. After a RFP process,
the City Council awarded the current contract to Diversified Paratransit, Inc on March 1999 for one year, with
provision for annual extension (s) by mutual agreement. This Contract Amendment No. 4 represents year five (5) of
the service.
The proposed (2003/2004) fees will remain at $1.90 flag drop (flag drop is the fixed charged for initiating a trip) and
$1.90 per mile meter rate, with no wait time fees, and a 10% administrative fee charged by DPI. The Diamond Ride
Program continues to serve as a reliable and in-demand public transportation service for the City's elderly and
disabled; therefore, staff is requesting that City Council approve Contract Amendment No. 4 with Diversified
Paratransit, Inc.
PREPARED BY:
Debbie Gonzales, Administrative Assistant Date Prepared: June 9, 2003
REVIEWED BY:
avid !Liu
Director of Public Works
Jr(es DeStefari
Deputy City Manoger
Attachments: ' "'- Amendment No. 4 to the Agreement
"I I" - Request to Extend Contract, dated May 27, 2003
ATTACH MMENT "I"
AMENDMENT NO. 4 TO THE AGREEMENT FOR
DIAMOND RIDE (DIAL-A-CAB) SERVICES
FOR 2003-2004 FISCAL YEAR
This Amendment No. 4 to the City's Consulting Agreement is made and
entered into this 17th day of June, 2003 by and between the CITY OF DIAMOND
BAR, a municipal corporation (hereinafter referred to as "City") and
DIVERSIFIED PARATRANSIT, Inc. (hereinafter referred to as "CONTRACTOR").
A. Recitals:
(i) The CITY has heretofore entered into an agreement with
Diversified Paratransit, Inc. to provide Dial-A-Cab services to
the eligible elderly and persons with disabilities who reside in
Diamond Bar, dated March 2, 1999 ("SAID AGREEMENT"
hereinafter). A true and correct copy of which is attached
hereto as Exhibit "A".
(ii) CONSULTANT has requested a one-year extension
proposal ("PROJECT" hereinafter), a full, true and correct
copy of which attached hereto as Exhibit "C" to extend
said services for a period of one (1) year.
NOW, THEREFORE, it is agreed by and between CITY and CONTRACTOR:
B. Amendment to Agreement:
Section 20 of the original agreement is hereby amended as follows:
"20. Term. The term of this Agreement shall commence July 1,
2003 and shall be extended through June 30, 2004".
Each party to this Supplemental Agreement acknowledges that no representation
by any party which is not embodies herein nor any other agreement, statement,
or promise not contained in this Supplemental Agreement shall be valid and
binding. Any modification of this Supplemental Agreement shall be effective only
if it is in writing signed by the parties.
UU/ IV, U. LL(. L -1 £tn )Uv Uri uV
Jun 10 03 12:46p City of Diamond Bar
Bps -396-7486
IN WITNESS WHEREOF, the parties hereto have executed this
Supplemental Agreement as of the day and year first set forth above
"CITY"
ATTEST: CITY OF DIAMOND BAR
By:
By.
Lynda Burgess. City Clerk Carol Herrera, Mayor
APPROVED AS TO FORM: "CONTRACTOR":
DIVERSIFIED PARATRANSIT
BY:
P.3
City Attorney Brian Hunt, President
ATTACHMENT "II"
Mr. David Liu
Director of Public Works
City of Diamond Bar
21825 East Copley Drive
Diamond Bar, CA 91765-4178
RE: Diamond Ride Contract Extension
Thank you for the opportunity to provide the Diamond Ride transportation service
to your residents during the past several years. We appreciate the productive and
positive working relationship we have with the City of Diamond Bar, and we want it
to continue.
Please consider this letter a request to renew our contract to provide Diamond Ride
service for another year effective July 1, 2003. No changes to the rates or terms of
the service are requested. The current rate for service is $1.90 per mile, with no
wait time charged, offering the City of Diamond Bar a 20% discount over regular
meter rates.
We truly appreciate working with your staff and residents. The Diamond Ride
program works smoothly and provides the transportation that seniors and the
disabled need to live active, healthy, and productive lives. We're proud to be a part
of that, and look forward to our continued relationship.
[lease contact r:ie at (909), 622-1316 Ext. 3221 with any questions. Thank you in
advance for your attention to this matter.
Scott Williams
Business Development Manager
1400 E. Mission Blvd., Pomona, CA 91766
(909) 622-1313 Fax (909) 622-2173
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager�Olv�
Agenda # 6.6
Meeting Date:: June 17, 2003
AGENDA REPORT
TITLE: Extension of City -Wide Graffiti Removal Contact with Graffiti Control Systems for Fiscal
Year 2003-2004 in the amount of $35,000.
RECOMMENDATION:
Approve the contract extension.
FINANCIAL IMPACT:
There are sufficient funds in the budget for these expenses.
BACKGROUND:
On May 19, 1993, the City Council awarded a contract to Graffiti Control Systems for graffiti removal
throughout the City of Diamond Bar. Section 31 of the bid specifications within the contract permits
the City Council to extend the contract on an annual basis and adjust the quantity of work, as
necessary, to serve the best interests of the City.
DISCUSSION:
Since the original contract was awarded, the City Council has approved the annual extension of the
contract at the same 1993 cost of $30.00 per site. There were a total of 817 sites (43,645 square
feet) of graffiti removed in the eleven months from July 2002 through May 2003 at an average cost of
$.75 per square foot. We continue to receive outstanding service from Graffiti Control. With ten
years of experience servicing this contract, Graffiti Control Systems has proven that they can
satisfactorily perform the specifications of the contract. Graffiti Control Systems has agreed to forgo a
C.P.I. increase and requests an extension of the contract for the 2003-2004 Fiscal Year.
Prepared
Jarhes DeStefano
Deputy City' Manager
,06i."•.1 ''3 W-' 14:22 909 396 7486
Just 11 03 GI -,36p City of Diamond Ba?'9L9-996-?�H6 P•�
Caro! Horrera
lifxvvr
Robest S. Huff
417w,• ft,COLO
Tar»
Deborah ff. ti`�o sae:
Cr.•Lw6,; Afernbe f
Robert P. "Irbes
Council li;l°177FE7
IL -t , ,
� ' ' �� Diamond Bar
21625 E. Copley Drive • Dianland Bar, CA 91765.4178
(919) 86 2489 - Fax 0.09) 851-3317
♦gg0• www.CityofahiamortdBa.com
June: 11, 2003
MT. Barry Woods
FTesident
1: `tit i Control Systems
Avenue
E I'^ Hollywood, CA 91606
1 ke; Graffiti Removal Contract
Dear Mr. Wcods:
This confirms our conversation today, that in accordance with Section : ! of the specifications of
mgr contract dated May 19. 1993, Ell,' '':Vv of Di mond On -r is in extending the Graffiti
Removal Contract with Graffiti Corral Systems ,iuly :, 21103. Utrough June 30. 2004, The
c. "wict will maintain the unit price of $30.00 per site precegted in your proposal dated
N--awb F, 1993. Total work: for the fis..ai, year -will be in ars aP-,u_',L ;sot to exeee $35.000.
�t.ort approval of this contract eztzt:ss.on by the Dia? fond ;aur 4ii � Cou�scll, a pur0ase order in
Vi e. ariount not. to exceed $35,060 will be processed and farwardet'. to rota.
S: reJ-�-Stef.an
n } -tger
B)° s ;?:zing below, the parties agree to i :e above fermv.
Cs*o1 Herrera,Mayor Date art W
President Date
C ly r,1 litairiloi.a Bar GraffitiControl Systems
Anez
CW; f-'Ierk
.4ppjpoti ed us !? poen:.
Date CUY AtrornLy
Date
2006 0ET'ON LITET9860ST F 'JNI 'S331rV:[3S 3DNdN31NItiW SQOOM 9Z;ST £00Z/TT/90
Agenda # 6.6
Meeting Date:: June 17, 2003
TO:
Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager 0
U
TITLE: Extension of City -Wide Graffiti Removal Contact with Graffiti Control Systems for Fiscal
Year 2003-2004 in the amount of $35,000.
RECOMMENDATION:
Approve the contract extension.
FINANCIAL IMPACT:
There are sufficient funds in the budget for these expenses.
BACKGROUND:
On May 19, 1993, the City Council awarded a contract to Graffiti Control Systems for graffiti removal
throughout the City of Diamond Bar. Section 31 of the bid specifications within the contract permits
the City Council to extend the contract on an annual basis and adjust the quantity of work, as
necessary, to serve the best interests of the City.
DISCUSSION:
Since the original contract was awarded, the City Council has approved the annual extension of the
contract at the same 1993 cost of $30.00 per site. There were a total of 817 sites (43,645 square
feet) of graffiti removed in the eleven months from July 2002 through May 2003 at an average cost of
$.75 per square foot. We continue to receive outstanding service from Graffiti Control. With ten
years of experience servicing this contract, Graffiti Control Systems has proven that they can
satisfactorily perform the specifications of the contract. Graffiti Control Systems has agreed to forgo a
C.P.I. increase and requests an extension of the contract for the 2003-2004 Fiscal Year.
JaYhes De—tefano
Deputy City' Manager
I!
1
i
Z't835 E. —a—ley-"3rive — i)ian—ond Bar, —A—iT[i5.978
9t9) 8b4-24ti9 — Fax (—a9j 861-3t t7
kvww.Cityof-- iamortdea:. con
Tara! Hr—rrera
I:fsvv-
4v—esE $. i—i<<ff
Vvem. - P. 1,7-mng
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City of Diamond $a"'
3une— I I, 2003
A.—r. Barry—%ostds
FTtcsident
!:— : °iiE i Control Systems
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H—flllyv-Good, —A 916Go
Re; Graffiti Ramoval Contract
Ds.— * 144r. '—'Vcoas:
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if
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t
i
Tnis confirms our conversation tudag— —hac in accardarce with Section : ! of the specificsitiorts of
o—sr cctttract dats—d hZay I9, 1993, rile ""r— of—i:ru—n3 13cr i s :qtr, Feted :n emending the Gca—ti
RGmov$I^.ortract with Graffiti Cortrai S—est—::zs ,—srr—.iu;f —, ztJ7,"a. tltros;gl—.Fungi 3G. 2G—k. The
c. —c -act will rszainta;n the unit price o— $3iF.—tJ per site g:—a—ented in you• praposaf elated
I—_ar—:h F. 1993. 'Tota! work for the +t,•.-- vc—r vJ1, be in a:s a, —a,u:u ;—t:t to exeetd $35.000.
--t,on approval of this contract extens.on L}' t—:r—i&t—iond i3s::- uit'— Caujc—I, 2 ptm:hase order in
ti^e arsount nor. to aViceed a35,4Gu wll? oc-..recessed Etnd foru-3rder,'. to yot—.
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Date
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CITY COUNCIL
rhrC)XPOR 1'��
1&S`�
TO: Honorable Mayor and Members the City Council
VIA: Linda C. Lowry, City Manage
Agenda # 6 , 7
Meeting Date: June 17, 2003
AGENDA REPORT
TITLE: REFUND FROM THE METROPOLITAN WATER DISTRICT OF SOUTHERN
CALIFORNIA FISCAL YEAR 2002/2003
RECOMMENDATION:
It is recommended that the City Council instruct staff to write a letter to the Metropolitan Water District
of Southern California seeking a refund for overpayment as well as a separate letter to the Three
Valleys Water Agency and the Walnut Valley Water District urging their support in soliciting a refund
from the MWD.
FISCAL IMPACT:
Once the number of acre-feet of water actually purchased by the city is determined, a refund amount
can be calculated. The refund could be approximately $20,000.
BACKGROUND / DISCUSSION:
The City of Diamond Bar purchases its water from the Walnut Valley Water District, which purchases
its water from -three Valleys Water Agency, which purchases its water from the Metropolitan Water
District of Southern California.
According to Claude A. Lewis, a MWD of Southern California Board Member and Mayor of Carlsbad,
the Metropolitan Water District of Southern California will be in a position to refund $100 Million to its
member agencies at the end of this fiscal year on June 30, 2003. This can be accomplished without
deferring, delaying or canceling a single planned water facilities project, or, adversely impacting any
of MW D's many reserve accounts.
This will be the fifth fiscal year in which MWD has collected more of our money than was needed to
cover its budget, capital improvement program and many reserve accounts. MWD has a history of
not returning excessive revenue collections. Over the past five years MWD has over -collected close
to $350 Million.
MWD has consistently assured the public that we have sufficient water supplies to last for at least the
next 20 years (Attachment 1, Business Wire, January 6, 2003). MWD currently has more than $1
Billion in its various reserve accounts. Also, these funds do not reflect the Prop 50 and other bond
funds that the District has available for water supply projects.
While the MWD has these funds from overpayment and could possibly refund some money, it is
imperative that: cities and agencies put as much pressure on the District as possible. Pressure must
also be put on Three Valleys and Walnut Valley to support our effort and, more importantly, not stop
the flow of the refund once it is achieved.
For example, according to the Walnut Valley Water District, the last time MWD gave a refund the
Three Valleys Water Agency did not release any of the refund money to its customers.
According to the City Engineer, the City of Diamond Bar purchases an average of 495 Acre-feet of
water each year. This could result in a refund of approximately $20,000 for fiscal year 2002/2003.
Prepared by:
Ji larke, Legislative Analyst
Attachments:
1. Article from Business Wire
WD CEO"s Statement on Metropolitan - Board's Direction to " Stay the
Course'' on the Colorado River
Source: BWMS - Business Wire (Mainstream)
Jan 06 20:05
News/Business Editors
LOS ANGELES --(BUSINESS WIRE) --Jan. 6, 2003 --Ronald R. Gastelum, president
and chief executive officer of the Metropolitan Water District of
Southern California, releases the following statement after today's
special meeting of Metropolitan's board of directors on the latest
Colorado River developments:
"During a special meeting today, Metropolitan's board of directors
directed district staff to stay the course and continue discussing the
Quantification Settlement Agreement with the U -S. Secretary of the
Interior and the other California water agencies. The board, however,
directed staff to make no commitments beyond what was negotiated by
Metropolitan, Imperial Irrigation District, Coachella Valley Water
District and the San Diego County Water Authority last October and
authorized by the MWD board last month.
"Although the immediate cutoff of surplus Colorado River water
supplies due to the federal government's suspension of the Interim
Surplus Guidelines results in a serious situation for the state, there
clearly is no emergency in urban Southern California because of the
plann�na and foresight of Metropolitan and its 26 member public agencies.
"Me,_ropolitan's latest supply projections show that Southern
California will have enough imported water from the Colorado River and
Caiifrr.ia aqueducts to meet demands in 2003 and 2004, without having to
dip intc water stored in Southland surface water reservoirs.
117n fact, with the region's continued commitment toward
conser.a io.^., recycling, groundwater cleanup and storage, and a CALFED
ay/Delta solution, along with additional investments in seawater
desalination, water transfers and groundwater banking partnerships,
Metropolitan expects to meet Southern California's imported water demands
for the next 20 years, even without the QSA.
"Regardless, Metropolitan looks forward to continuing discussions. on
the Cc-crad liver that will, hopefully, lead to a on
that
prcv,des cos --effective benefits to all the participating California
water agencies as well as the entire state."
The Metropolitan Water District of Southern California is a consortium
comprised cf 27 cities and water agencies serving 18 million people in
six counties. The district imports water from the Colorado River and
Northern California to supplement local supplies, and helps its members
to develop increased water recycling, desalination, conservation,
storage, and other water -management programs.
--30--jap/la*
CONTACT: Metropolitan Water District of Southern California
Adan Ortecra, Jr., 213/217-5786; 213/445-9645 (mobile)
Bob Muir, 213/217-6930; 213/324-5213 (mobile;
KEYWORD: 'ALIFORNI.A COLORADO
INDUSTRY KEYWORD: ENVIRONMENT FOODS/BEVERAGES GOVERNMENT UTILITIES
SOURCE: Metropolitan Water District of Southern California
Today's News On The Net - Business Wire's full file on the Internet
Attachment 4
Agenda # 6,7
Meeting Date: June 17, 2003
CITY COUNCIL AGENDA REPORT
TO: Honorable Mayor and Members the City Council
VIA: Linda C. Lowry, City Manage
TITLE: REFUND FROM THE METROPOLITAN WATER DISTRICT OF SOUTHERN
CALIFORNIA FISCAL YEAR 2002/2003
RECOMMENDATION:
It is recommended that the City Council instruct staff to write a letter to the Metropolitan Water District
of Southern California seeking a refund for overpayment as well as a separate letter to the Three
Valleys Water Agency and the Walnut Valley Water District urging their support in soliciting a refund
from the MWD.
FISCAL IMPACT:
Once the number of acre-feet of water actually purchased by the city is determined, a refund amount
can be calculated. The refund could be approximately $20,000.
BACKGROUND / DISCUSSION:
The City of Diamond Bar purchases its water from the Walnut Valley Water District, which purchases
its water from -three Valleys Water Agency, which purchases its water from the Metropolitan Water
District of Southern California.
According to Claude A. Lewis, a MWD of Southern California Board Member and Mayor of Carlsbad,
the Metropolitan Water District of Southern California will be in a position to refund $100 Million to its
member agencies at the end of this fiscal year on June 30, 2003. This can be accomplished without
deferring, delaying or canceling a single planned water facilities project, or, adversely impacting any
of MWD's many reserve accounts.
This will be the fifth fiscal year in which MWD has collected more of our money than was needed to
cover its budget, capital improvement program and many reserve accounts. MWD has a history of
not returning excessive revenue collections. Over the past five years MWD has over -collected close
to $350 Million„
MWD has consistently assured the public that we have sufficient water supplies to last for at least the
next 20 years (Attachment 1, Business Wire, January 6, 2003). MWD currently has more than $1
Billion in its various reserve accounts. Also, these funds do not reflect the Prop 50 and other bond
funds that the District has available for water supply projects.
While the MWD has these funds from overpayment and could possibly refund some money, it is
imperative that cities and agencies put as much pressure on the District as possible. Pressure must
also be put on Three Valleys and Walnut Valley to support our effort and, more importantly, not stop
the flow of the refund once it is achieved.
For example, according to the Walnut Valley Water District, the last time MWD gave a refund the
Three Valleys Water Agency did not release any of the refund money to its customers.
According to the City Engineer, the City of Diamond Bar purchases an average of 495 Acre-feet of
water each year. This could result in a refund of approximately $20,000 for fiscal year 2002/2003.
Prepared by:
Attachments:
1. Article from Business Wire
WD CEO's Statement on Metropolitan - Board's Direction to "Stay the
Course" on the Colorado River
Source: BWMS - Business Wire (Mainstream)
Jan 06 20:05
News/Business Editors
LOS ANGELES --(BUSINESS WIRE) --Jan. 6, 2003 --Ronald R. Gastelum, president
and chief executive officer of the Metropolitan Water District of
Southern California, releases the following statement after today's
special meeting of Metropolitan's board of directors on the latest
Colorado River developments:
"During a special meeting today, Metropolitan's board of directors
directed district staff to stay the course and continue discussing the
Quantification Settlement Agreement with the U.S. Secretary of the
Interior and the other California water agencies. The board, however,
directed staff to make no commitments beyond what was negotiated by
Metropolitan, Imperial Irrigation District, Coachella Valley Water
District and the San Diego County Water Authority last October and
authorized by the MWD board last month.
"Although the immediate cutoff of surplus Colorado River water
supplies due to the federal government's suspension of the Interim
Surplus Guidelines results in a serious situation for the state, there
clearly is no emergency in urban Southern California because of the
planning and foresight of Metropolitan and its 26 member public agencies.
"Metropolitan's latest supply projections show that Southern
California will have enough imported water from the Colorado River and
California aqueducts to meet demands in 2003 and 2004, without having to
dip into water stored in Southland surface water reservoirs.
"In fact, with the region's continued commitment toward
conservation, recycling, groundwater cleanup and storage, and a CALFED
ay/Delta solution, along with additional investments in seawater
desalination, water transfers and groundwater banking partnerships,
Metropolitan expects to meet Southern California's imported water demands
for the next 20 years, even without the QSA.
"Regardless, Metropolitan looks forward to continuing discussions. on
the Co_orado River that will, hopefully, lead to a settlement that
provides cost-effective benefits to all the participating California
water agencies as well as the entire state."
The Metropolitan Water District of Southern California is a consortium
comprised of 27 cities and water agencies serving 18 million people in
six counties. The district imports water from the Colorado River and
Northern. California to supplement local supplies, and helps its members
to develop increased water recycling, desalination, conservation,
storage, and other water -management programs.
--30--jap/la*
CONTACT: Metropolitan Water District of Southern California
Adan Ortecra, Jr., 213/217-5786; 213/445-9645 (mobile)
Bob Muir, 213/217-6930; 213/324-5213 (mobile;
KEYWORD: CALIFORNIA COLORADO
INDUSTRY KEYWORD: ENVIRONMENT FOODS/BEVERAGES GOVERNMENT UTILITIES
SOURCE: Metropolitan Water District of Southern California
Today's News On The Net - Business Wire's full file on the Internet
Attachment I
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager*Vvt5
Agenda # 6.8
Meeting Date: June 17, 2003
AGENDA REPORT
TITLE: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
OPPOSING SB 163 (ALARCON) PERSONAL SERVICES CONTRACTING:
COUNTIES AND CITIES
RECOMMENDATION:
It is recommended that the City Council adopt the Resolution.
FISCAL IMPACT:
The fiscal impact is undeterminable. The bill would put tighter restrictions on budget reducing
decisions. This bill could render the city more vulnerable to law suits
BACKGROUND / DISCUSSION:
This bill would authorize a county or city to enter into a personal services contract and require a
county or city to adopt new practices with respect to personal services contracting, creating a state
mandated local program.
According to the League of California Cities, there is no need for this bill. Local agencies can already
establish the provisions of SB 163 without this statewide mandate. SB 163 represents yet another
significant erosion of local control of administrative tools necessary to manage local government.
Proponents have failed to provide evidence of wide spread local agency abuses that would
substantiate this measure.
This bill represents an unconstitutional infringement on authority granted charter counties and cities.
General law counties and cities already face significant limitations on their ability to seek cost and
administrative efficiencies through contracting -out for services.
SB 163 would add additional restrictions and administrative costs. It would further restrict this
infrequently used tool during this time of economic downturn when it could be most beneficial in
preservation of essential public services.
This bill would expose local governments to expensive and time-consuming litigation due to the
vague requirement that potential economic advantage of contracting must not outweigh the public's
interest in having a particular function performed directly by the local agency.
SB 163 would neutralize compensation saving advantages of contract services by requiring that
contractors pay industry wages (however that is defined) and not undercut local agency wages.
More importantly, SB 163 mandates that a personal services contract not result in displacement of
existing public agency workers without providing ample flexible options such as administrative
protection of salary and transfer to other jobs in the local agency with different job titles, or offer of
employment with the contractor.
SB 163 is opposed by the League of California Cities, California State Association of Counties,
California Contract Cities, and the California Taxpayers Association.
Prepared by:
Ji larke, Legislative Analyst
Attachments
RESOLUTION NO. 2003-
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR
TO OPPOSE SB 163 (ALARCON) PERSONAL SERVICES CONTRACTING: COUNTIES AND
CITIES
WHEREAS, California State Senate Bill 163 (Alarcon) would require the City of Diamond
Bar to adopt new practices with respect to personal services contracting, and
WHEREAS, SB 163 would create a state mandated local program, and
WHEREAS, SB 163 represents another significant erosion of local control of
administrative tools necessary to manage local government, and
WHEREAS, SB 163 represents an unconstitutional infringement on authority granted
chartered counties and cities, and
WHEREAS, counties and cities already face significant limitations on their ability to seek
cost and administrative efficiencies through contracting out services, and
WHEREAS, SB 163 would add more restrictions and administrative costs, and
WHEREAS, SB 163 could expose local governments to expensive and time consuming
litigation, and
WHEREAS, SB 163 would neutralize compensation -saving advantages of contract
services by requiring that contractors pay industry wages and not undercut local agency wages,
and
1NHERESAS, SB 163 mandates that contracting of services NOT result in the
displacement of existing public agency workers without providing ample flexible options such as
administrative protection of salary, transfer to other jobs in the local agency with different job
titles, or offer of employment with the contractor,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar
OPPOSES California State Senate Bill 163 (Alarcon) Personal Services Contracting and direct
the following:
SECTION 1. That the City Council of the City of Diamond Bar shall adopt the Resolution
and the City Clerk shall certify to the adoption
SECTION 2. That the City Council of the City of Diamond Bar opposes SB 163
(Alarcon) and asks all elected official to oppose SB 163.
SECTION 3. That copies of Resolution 2003 -XX of the City of Diamond Bar be
Distribute to the following individuals, agencies, and/or organizations:
League of California Cities
California Association of Contract Cities
Gonsalves & Son
State Senator Bob Margett
State Assemblyman Bob Pacheco
PASSED, APPROVED AND ADOPTED this
'2003.
day of
Carol Herrera, Mayor
I, LINDA C. LOWRY, City Clerk of the City of Diamond Bar, California do hereby
certify that the foregoing Resolution was adopted at the regular meeting of the City
Council of the City of Diamond Bar held on the day of ,
2003 by the following vote:
Linda C. Lowry, City Clerk
City of Diamond Bar
Agenda # 6.8
Meeting Date: June 17, 2003
TO:
VIA:
Honorable Mayor and Members of the City Council
Linda C. Lowry, City Manager
TITLE: A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
OPPOSING SB 163 (ALARCON) PERSONAL SERVICES CONTRACTING:
COUNTIES AND CITIES
RECOMMENDATION:
It is recommended that the City Council adopt the Resolution.
FISCAL IMPACT:
The fiscal impact is undeterminable. The bill would put tighter restrictions on budget reducing
decisions. This bill could render the city more vulnerable to law suits
BACKGROUND / DISCUSSION:
This bill would authorize a county or city to enter into a personal services contract and require a
county or city to adopt new practices with respect to personal services contracting, creating a state
mandated local program.
According to the League of California Cities, there is no need for this bill. Local agencies can already
establish the provisions of SB 163 without this statewide mandate. SB 163 represents yet another
significant erosion of local control of administrative tools necessary to manage local government.
Proponents have failed to provide evidence of wide spread local agency abuses that would
substantiate this measure.
This bill represents an unconstitutional infringement on authority granted charter counties and cities.
General law counties and cities already face significant limitations on their ability to seek cost and
administrative efficiencies through contracting -out for services.
SB 163 would add additional restrictions and administrative costs. It would further restrict this
infrequently used tool during this time of economic downturn when it could be most beneficial in
preservation of essential public services.
This bill would expose local governments to expensive and time-consuming litigation due to the
vague requirement that potential economic advantage of contracting must not outweigh the public's
interest in having a particular function performed directly by the local agency.
SB 163 would neutralize compensation saving advantages of contract services by requiring that
contractors pay industry wages (however that is defined) and not undercut local agency wages.
More importantly, SB 163 mandates that a personal services contract not result in displacement of
existing public agency workers without providing ample flexible options such as administrative
protection of salary and transfer to other jobs in the local agency with different job titles, or offer of
employment with the contractor.
SB 163 is opposed by the League of California Cities, California State Association of Counties,
California Contract Cities, and the California Taxpayers Association.
Prepared by:
larke, Legislative Analyst
Attachments
RESOLUTION NO. 2003
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR
TO OPPOSE SB 163 (ALARCON) PERSONAL SERVICES CONTRACTING: COUNTIES AND
CITIES
WHEREAS, California State Senate Bill 163 (Alarcon) would require the City of Diamond
Bar to adopt new practices with respect to personal services contracting, and
WHEREAS, SB 163 would create a state mandated local program, and
WHEREAS, SB 163 represents another significant erosion of local control of
administrative tools necessary to manage local government, and
WHEREAS, SB 163 represents an unconstitutional infringement on authority granted
chartered counties and cities, and
WHEREAS, counties and cities already face significant limitations on their ability to seek
cost and administrative efficiencies through contracting out services, and
WHEREAS, SB 163 would add more restrictions and administrative costs, and
WHEREAS, SB 163 could expose local governments to expensive and time consuming
litigation, and
WHEREAS, SB 163 would neutralize compensation -saving advantages of contract
services by requiring that contractors pay industry wages and not undercut local agency wages,
and
WHERESAS, SB 163 mandates that contracting of services NOT result in the
displacement of existing public agency workers without providing ample flexible options such as
administrative protection of salary, transfer to other jobs in the local agency with different job
titles, or offer of employment with the contractor,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar
OPPOSES California State Senate Bill 163 (Alarcon) Personal Services Contracting and direct
the following:
SECTION 1. That the City Council of the City of Diamond Bar shall adopt the Resolution
and the City Clerk shall certify to the adoption
SECTION 2. That the City Council of the City of Diamond Bar opposes SB 163
(Alarcon) and asks all elected official to oppose SB 163.
SECTION 3. That copies of Resolution 2003 -XX of the City of Diamond Bar be
Distribute to the following individuals, agencies, and/or organizations:
League of California Cities
California Association of Contract Cities
Gonsalves & Son
State Senator Bob Margett
State Assemblyman Bob Pacheco
PASSED, APPROVED AND ADOPTED this day of
, 2003.
Carol Herrera, Mayor
I, LINDA C. LOWRY, City Clerk of the City of Diamond Bar, California do hereby
certify that the foregoing Resolution was adopted at the regular meeting of the City
Council of the City of Diamond Bar held on the day of
2003 by the following vote:
Linda C. Lowry, City Clerk
City of Diamond Bar
Agenda: 6.9
Meeting Date: June 17, 2003
CIT`><' COUNCILAGENDA REPORT
S�
�tL2raRPR � ,
\r98gi;
l
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manage�;YN� I
TITLE: ADOPT RESOLUTION NO. 2003 -XX: A RESOLUTION AMENDING
RESOLUTION NO. 1999-77 TO REDUCE THE CIVIL PENALTIES FOR
PLACEMENT OF TRASH CONTAINERS WITHIN THE PUBLIC RIGHT-
OF-WAY
RECOMMENDATION:
Approve and adopt the Resolution.
FINANCIAL IMPACT
There is no record to date of citations being issued for the trash container violation;
therefore, a substantial increase in revenue is not anticipated. However, having reduced
the fine amount, the citation is expected to be issued occasionally as violations occur
particularly in coordination with the Street Sweeping Program.
BACKGROUND:
City Council Resolution No. 1999-77 established a $100 penalty for violations of the
City's Municipal Code. Per Section 8.16.100 (attached), it is a civil violation and subject
to citation to leave a trash container in the street except for established times. A
violation occurs if the trash container is placed earlier than sunset the day before the
scheduled trash collection and if the trash container remains after 10:00 p.m. the day of
collection. Neighborhood Improvement Officers have left courtesy notices (attached) at
the offender's address; however, to date no citations have been issued for this violation.
DISCUSSION:
Trash containers in the public right-of-way impede the street sweeper that is scheduled
the day after trash collection. The attached amendment to the administrative penalty
Resolution No. 1999-77 reduces the civil penalty for leaving trash containers in the
public right-of-way from $100 to $20, bringing it more closely in line with the vehicle -
parking (penalty amount of $30 for vehicles impeding the street sweeper.
The City Council amended the amount for "Failure to Obey Street Sweeping Parking
Signs," on May 6, 2003. The revised civil penalty for the trash container impeding the
street sweeper has a sliding scale similar to that of the vehicle -parking penalty. The
initial citation is $20; $35 for the same violation within one year; and $75 for the third
violation and additional violations of the same code provision within one year of the first
violation.
PREPARED BY: Linda Smith, Development Services Assistant
REVIEWF_D B
Jani6s DeStefa o
Deputy City Manager
Attachment:
1. Resolution No. 2003 -XX and Schedule 1;
2. Resolution No. 1999-77 and Schedule 1;
3. DBMC Section 8.16.100;
4. Sample of the Courtesy Notice to Correct Violation.
2
RESOLUTION NO. 2003-
A RESOLUTION AMENDING RESOLUTION NO. 1999-77 TO REDUCE
THE CIVIL PENALTIES FOR PLACEMENT OF TRASH CONTAINERS
WITHIN THE PUBLIC RIGHT-OF-WAY
WHEREAS, Resolution No. 1999-77 adopted on October 19, 1999 sets forth the
fines and penalties and indicates the bail amount on Schedule "1" for first, second, and
third offenses of violations to the Diamond Bar Municipal Code; and
WHEREAS, a Revised Schedule of Fines and Penalties has been prepared
which indicates the revised amount of the fine for first, second, and subsequent
offenses for the civil penalty for violation of Municipal Code Section 8.16.100 that
relates to placement of trash containers within the public right-of-way.
NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND
DECLARED BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA,
AS FOLLOWS:
That the Diamond Bar City Council hereby approves the Revised Schedule of Fines and
Penalties attached hereto and set forth in Schedule "1" for any violation of the City of
Diamond Bar Municipal Code.
PASSED, APPROVED AND ADOPTED this day of , 2003.
I, Linda, C. Lowry, City Clerk of the City of Diamond Bar
foregoing Resolution was passed, approved and adopted
City Council of the City of Diamond Bar held on the
2003, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Mayor
do hereby
at a regular
day of _
certify that the
meeting of the
Linda C. Lowry, City Clerk
City of Diamond Bar
1.
4
3.
SCHEDULE 1
FINES AND PENALTIES
FOR MUNICIPAL CODE VIOLATIONS
Violation of Municipal Code Section 8.16.100, Time and date of placement
of containers -(Civil Violation)
$20 - First Violation
$35 - Second Violation of the same code provision within one year.
$75 - Third Violation and additional violations of the same code provision
within one year of the first violation.
All Other Civil Violation of Municipal Code
$100 - First Violation
$200 - Second Violation of the same code provision within one year.
$500 - Third Violation and additional violations of the same code provision
within one year of the first violation.
Violation of Misdemeanors
The fine for violating a misdemeanor under the Municipal Code shall not exceed
the fine imposed for misdemeanors.
Late Payment Penalties
(a) Delinquent days for payment and the prescribed penalty assessed:
* No. of Days Allowed * % of Penalty Assessed
31-60 Days 25% x Fine = Total Late Payment Penalty Due
61-90 Days 50% x Fine = Total Late Payment Penalty Due
More Than 90 Days 100% x Fine = Total Late Payment Penalty Due
Application for Administration Hearing Fee
(a) A $25.00 non-refundable Application Fee must be paid, before a hearing
will be scheduled with the Responsible Person
4
ATTACHMENT "2"
RESOLUTION NO. 99-77
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
ESTABLISHING PENALTIES FOR VIOLATIONS
OF THE CITY OF DIAMOND BAR MUNICIPAL CODE
WHEREAS, on November 2, 1999, the City Council of the City of Diamond Bar adopted
an Ordinance establishing administrative procedures and penalties for violations of the City of
Diamond Bar Municipal Code; and
WHEREAS, said Ordinance provides for a fine to be imposed and paid by a person
issued a citation for a -particular violation of the City of Diamond Bar Municipal Code in an
amount set forth in the Schedule of Fines and Penalties established by Resolution of the City
Council; and
WHEREAS, a Schedule of Fines and Penalties has been prepared which indicates the
amount of the fine for fust, second, and subsequent offenses.
NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND DECLARED
BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, AS
FOLLOWS:
That the Diamond Bar City Council hereby approves the Schedule of Fines and Penalties,
attached hereto and set forth in Schedule 1, for any violation of the City of Diamond Bar
Municipal Code.
PASSED, APPROVED AND ADO this mayday of October , 199zI:
Mayor Pro Tem
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 19th day of Octoher , 1999, by the following vote:
AYES: COUNCILMEMBERS: Herrera, Huff, MPT/O'Connor
NOES: COUNCIL MEMBERS: None
ABSENT:
ABSTAINED
COUNCIL MEMBERS: Ansari, M/Chang
COUNCIL MEMBERS: None
( i
Lyn& Burgess, City Clerk
City of Diamond Bar
99-77
SCHEDULE] _
FINES AND PENALTIES
FOR MUNICIPAL CODE VIOLATIONS
1. Violation of Municipal Code
$11.00 - First Violation
$200 - Second Violation of the same code provision within one year.
$500 - Third Violation and additional violations of the same code provision within one
year of the first violation.
2. Violation of Misdemeanors
The fine for violating a misdemeanor under the Municipal Code shall not exceed the fine
imposed for misdemeanors.
3. Late Payment Penalties
(a) Delinquent days for payment and the prescribed penalty assessed:
* No. of Days Delinguent *Late Payment Penalty Assessed
31-60 Days 25% x Fine = Total Late Payment Penalty Due
61-90 Days 50% x Fine = Total Late Payment Penalty Due
More Than 90 Days 100% x Fine = Total Late Payment Penalty Due
4. Application for Administration Hearing Fee
(a) A $25.00 non-refundable Application Fee must be paid at the time of requesting
an Administrative Hearing, unless the City has granted a Hardship Waiver.
99-77
ATTACHMENT "Y
Sec. 8.16.100. Time and date of placement of containers.
(a) No person shall place, or cause to be placed, any refuse or recyclable material, or container or bin used for
the collection of refuse or recyclable materials, in any public highway or in any place or in any manner other than
hereinabove provided, or at any time other than the days established by the city for the collection of such refuse
or recyclable material on the particular route involved, earlier than sunset of the day preceding the day designated
for collection, and all containers and bins shall be removed from the place of collection prior to 1000 p.m. on the
day the containers and bins have been emptied.
(b) Each owner, occupant, tenant or lessee of a residential or commercial unit shall maintain the same in a
sanitary condition. Should any container or bin not be emptied and the contents removed on the date and time
scheduled by the permittee, they should immediately notify the permittee or the city, and it shall be the duty of the
permittee to forthwith arrange for the collection and disposal of the refuse.
(c) Refuse, recyclables, compostables, salvage and other special waste, as defined herein, which exceeds the
limitations hereinabove set out may, in the discretion of the permittee, be scheduled for special collection upon
the application of the owner or occupant of the premises. Special collection charges may be assessed by the
permittee for this service with prior approval of above-mentioned occupant of the premises and subject to any
requirements set forth in the permit.
(d) No person, other than the owner thereof, the owner's agents or employees or an officer or employee of the
city, or a permittee's agents or employees authorized for such purposes shall tamper or meddle with any
container or bin used for the collection of refuse and recyclables, or the contents thereof, or remove the contents
of any container or bin, or remove any container or bin from the location where the same shall have been
placed by the owner thereof or owner's agent.
(Ord. No. 02(1996), § 2, 2-6-96)
http://livepublis;h.municode.com/l/lpext.dll/lnfobase48/l /1859/ 1 ba2/ 1 ba8/ 1 c03?f=templates&... 6/2/03
I
ATTACHMENT "4"
i
i
1
4701
CITY OF DIAMOND BAR
COMMUNITY AND DEVELOPMENT SERVICES DEPARTMENT
21825 E. COPLEY DRIVE
DIAMOND BAR, CA 91765
(909) 396-5676
COURTESY
NOTICE• CORRECT VIOLATION -1
LOCATION
�i
DIAMOND BAR, CALIFORNIA
A NEIGHBORHOOD IMPROVEMENT OFFICER INSPECTED THE
PROPERTY DESCRIBED ABOVE AND OBSERVED THE
FOLLOWING VIOLATION(S) OF THE DIAMOND BAR MUNICIPAL
CODE:
❑ Improper time and date of placement of trash containers
[DBMC § 8.16.100]
❑ Storage of abandoned or inoperative vehicles
[DBMC § 10.20.010]
❑ Encroachment within public streets or sidewalks
[DBMC § 12.04.140]
❑ Construction without proper permits [DBMC § 15.00.301]
❑ Storage of debris/materials/trash cans in public view
[DBMC § 22.34.030 (a)]
❑ Parking of vehicle on unpaved surface [DBMC § 22.34.030 (b)]
❑ Damage or deterioration of structure [DBMC § 22.34.030 (c)]
❑ Poor landscaping conditions [DBMC § 22.34.030(d)]
❑ Unsafe and non -permitted fences or walls [DBMC § 22.34.030(e)]
❑ Improper display of temporary banners [DBMC § 22.36.040]
❑ Non -permitted signs [DBMC § 22.36.080]
❑ Improper use of property [DBMC § 22.42.010]
❑ Other:
A Neighborhood Improvement Officer will visit the property in __
days to ensure compliance with our community standards. Please
correct the listed violation(s) by or a citation and a
,f $100 fine shall be issued.
If you have any questions regarding this notice, or would like to
schedule an appointment to meet with a Neighborhood
Improvement Officer to discuss the City Code or other concerns in
Iyour neighborhood, please do not hesitate to contact Officer
1at (909) 396-5676.
Thank you for your assistance in maintaining Diamond Bar as a
beautiful and safe place to live, work, and play.
Date: Signed:
Neighborhood Improvement Officer
Copies to:
Yellow -File Blue -Mail White -Subject Property
Agenda: 6.9
Meeting Date: June 17, 2003
CITY COUNCIL AGENDA REPORT
TO:
Honorable Mayor and Members of the City Council
J
VIA: Linda C. Lowry, City ManageN—
TITLE: ADOPT RESOLUTION NO. 2003 -XX: A RESOLUTION AMENDING
RESOLUTION NO. 1999-77 TO REDUCE THE CIVIL PENALTIES FOR
PLACEMENT OF TRASH CONTAINERS WITHIN THE PUBLIC RIGHT-
OF-WAY
RECOMMENDATION:
Approve and adopt the Resolution.
FINANCIAL IMPACT
There is no record to date of citations being issued for the trash container violation;
therefore, a substantial increase in revenue is not anticipated. However, having reduced
the fine amount, the citation is expected to be issued occasionally as violations occur
particularly in coordination with the Street Sweeping Program.
BACKGROUND:
City Council Resolution No. 1999-77 established a $100 penalty for violations of the
City's Municipal Code. Per Section 8.16.100 (attached), it is a civil violation and subject
to citation to leave a trash container in the street except for established times. A
violation occurs if the trash container is placed earlier than sunset the day before the
scheduled trash collection and if the trash container remains after 10:00 p.m. the day of
collection. Neighborhood Improvement Officers have left courtesy notices (attached) at
the offender's address; however, to date no citations have been issued for this violation.
DISCUSSION:
Trash containers in the public right-of-way impede the street sweeper that is scheduled
the day after trash collection. The attached amendment to the administrative penalty
Resolution No. 1999-77 reduces the civil penalty for leaving trash containers in the
1
public right-of-way from $100 to $20, bringing it more closely in line with the vehicle -
parking penalty amount of $30 for vehicles impeding the street sweeper.
The City Council amended the amount for "Failure to Obey Street Sweeping Parking
Signs," on May 6, 2003. The revised civil penalty for the trash container impeding the
street sweeper has a sliding scale similar to that of the vehicle -parking penalty. The
initial citation is $20; $35 for the same violation within one year; and $75 for the third
violation and additional violations of the same code provision within one year of the first
violation.
PREPARED BY: Linda Smith, Development Services Assistant
Ja ieStefa o
Deputy City Manager
Attachment:
1. Resolution No. 2003 -XX and Schedule 1;
2. Resolution No. 1999-77 and Schedule 1;
3. DBMC Section 8.16.100;
4. Sample of the Courtesy Notice to Correct Violation.
2
RESOLUTION NO. 2003
A RESOLUTION AMENDING RESOLUTION NO. 1999-77 TO REDUCE
THE CIVIL PENALTIES FOR PLACEMENT OF TRASH CONTAINERS
WITHIN THE PUBLIC RIGHT-OF-WAY
WHEREAS, Resolution No. 1999-77 adopted on October 19, 1999 sets forth the
fines and penalties and indicates the bail amount on Schedule "1" for first, second, and
third offenses of violations to the Diamond Bar Municipal Code; and
WHEREAS, a Revised Schedule of Fines and Penalties has been prepared
which indicates the revised amount of the fine for first, second, and subsequent
offenses for the civil penalty for violation of Municipal Code Section 8.16.100 that
relates to placement of trash containers within the public right-of-way.
NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND
DECLARED BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA,
AS FOLLOWS:
That the Diamond Bar City Council hereby approves the Revised Schedule of Fines and
Penalties attached hereto and set forth in Schedule "1" for any violation of the City of
Diamond Bar Municipal Code.
PASSED, APPROVED AND ADOPTED this day of , 2003.
Mayor
I, Linda C. Lowry, 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 day of
2003, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Linda C. Lowry, City Clerk
City of Diamond Bar
3
SCHEDULEI
FINES AND PENALTIES
FOR MUNICIPAL CODE VIOLATIONS
1. Violation of Municipal Code Section 8.16.100, Time and date of placement
of containers -(Civil Violation)
$20 - First Violation
$35 - Second Violation of the same code provision within one year.
$75 - Third Violation and additional violations of the same code provision
within one year of the first violation.
All Other Civil Violation of Municipal Code
$100 - First Violation
$200 - Second Violation of the same code provision within one year.
$500 - Third Violation and additional violations of the same code provision
within one year of the first violation.
2. Violation of Misdemeanors
The fine for violating a misdemeanor under the Municipal Code shall not exceed
the fine imposed for misdemeanors.
3. Late Payment Penalties
(a) Delinquent days for payment and the prescribed penalty assessed:
* No. of Days Allowed * % of Penalty Assessed
31-60 Days 25% x Fine = Total Late Payment Penalty Due
61-90 Days 50% x Fine = Total Late Payment Penalty Due
More Than 90 Days 100% x Fine = Total Late Payment Penalty Due
4. Application for Administration Hearing Fee
(a) A $25.00 non-refundable Application Fee must be paid, before a hearing
will be scheduled with the Responsible Person
4
ATTACHMENT "2"
RESOLUTION NO. 99-77
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
ESTABLISHING PENALTIES FOR VIOLATIONS
OF THE CITY OF DIAMOND BAR MUNICIPAL CODE
WHEREAS, on November 2, 1999, the City Council of the City of Diamond Bar adopted
an Ordinance establishing administrative procedures and penalties for violations of the City of
Diamond Bar Municipal Code; and
WHEREAS, said Ordinance provides for a fine to be imposed and paid by a person
-issued a citation for a -particular violation of the City of Diamond Bar Municipal Code in an
amount set forth in the Schedule of Fines and Penalties established by Resolution of the City
Council; and
WHEREAS, a Schedule of Fines and Penalties has been prepared which indicates the
amount of the fine for first, second, and subsequent offenses.
NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND DECLARED
BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, AS
FOLLOWS:
That the Diamond Bar City Council hereby approves the Schedule of Fines and Penalties,
attached hereto and set forth in Schedule 1. for any violation of the City of Diamond Bar
Municipal Code.
PASSED, APPROVED AND ADO this lyday of October , 19921:
Mayor Pro Tem
1. 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 19th day of October , 1999, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: Herrera, Huff, MPT/O'Connor
COUNCIL MEMBERS: None
COUNCIL MEMBERS: Ansari, M/Chang
ABSTAINED: COUNCIL MEMBERS: None
Lyn & Burgess, City C erk
City of Diamond Bar
99-77
SCHEDULE]
FINES AND PENALTIES
FOR MUNICIPAL CODE VIOLATIONS
Violation of Municipal Code
5100 - First Violation
$200 - Second Violation of the same code provision within one year.
$500 - Third Violation and additional violations of the same code provision within one
year of the first violation.
2. Violation of Misdemeanors
The fine for violating a misdemeanor under the Municipal Code shall not exceed the fine
imposed for misdemeanors.
3. Late Payment Penalties
(a) Delinquent days for payment and the prescribed penalty assessed:
* No. of Days Delinquent *Late Payment Penalty Assessed
31-60 Days 25% x Fine = Total Late Payment Penalty Due
61-90 Days 50% x Fine = Total Late Payment Penalty Due
More Than 90 Days 100% x Fine = Total Late Payment Penalty Due
4. Application for Administration Hearing Fee
(a) A $25.00 non-refundable Application Fee must be paid at the time of requesting
an Administrative Hearing, unless the City has granted a Hardship Waiver.
.i\.;.Airt12—'G Li—eruuil J11
ATTACHMENT "3"
Sec. 8.16.1 CIO. Time and date of placement of containers.
(a) No person shall place, or cause to be placed, any refuse or recyclable material, or container or bin used for
the collection of refuse or recyclable materials, in any public highway or in any place or in any manner other than
hereinabove provided, or at any time other than the days established by the city for the collection of such refuse
or recyclable material on the particular route involved, earlier than sunset of the day preceding the day designated
for collection, and all containers and bins shall be removed from the place of collection prior to 10:00 p.m. on the
day the containers and bins have been emptied.
(b) Each owner, occupant, tenant or lessee of a residential or commercial unit shall maintain the same in a
sanitary condition. Should any container or bin not be emptied and the contents removed on the date and time
scheduled by the permittee, they should immediately notify the permittee or the city, and it shall be the duty of the
permittee to forthwith arrange for the collection and disposal of the refuse.
(c) Refuse, recyclables, compostables, salvage and other special waste, as defined herein, which exceeds the
limitations hereinabove set out may, in the discretion of the permittee, be scheduled for special collection upon
the application of the owner or occupant of the premises. Special collection charges may be assessed by the
permittee for this service with prior approval of above-mentioned occupant of the premises and subject to any
requirements set forth in the permit.
(d) No person, other than the owner thereof, the owner's agents or employees or an officer or employee of the
city, or a permittee's agents or employees authorized for such purposes shall tamper or meddle with any
container or bin used for the collection of refuse and recyclables, or the contents thereof, or remove the contents
of any container or bin, or remove any container or bin from the location where the same shall have been
placed by the owner thereof or owner's agent.
(Ord. No. 02(1996), § 2, 2-6-96)
http://Iivepublish.municode.com/1/lpext.dll/lnfobase48/1/1859/1 ba2/1 ba8/1 c03?f=templates&... 6/2/03
ATTACHMENT "4"
470
CITY OF DIAMOND BAR
COMMUNITY AND DEVELOPMENT SERVICES DEPARTMENT
21825 E. COPLEY DRIVE
DIAMOND BAR, CA 91765
(909)396-5676
COURTESY
NOTICE TO CORRECT VIOLATION
LOCATION
DIAMOND BAR, CALIFORNIA
A NEIGHBORHOOD IMPROVEMENT OFFICER INSPECTED THE
PROPERTY DESCRIBED ABOVE AND OBSERVED THE
FOLLOWING VIOLATIONS) OF THE DIAMOND BAR MUNICIPAL
CODE:
^ Improper time and date of placement of trash containers
[DBMC § 8.16.100]
^ Storage of abandoned or inoperative vehicles
[DBMC § 10.20.010]
^ Encroachment within public streets or sidewalks
[DBMC § 12.04.140]
^ Construction without proper permits [DBMC § 15.00.301]
^ Storage of debris/materials/trash cans in public view
[DBMC § 22.34.030 (a)]
^ Parking of vehicle on unpaved surface [DBMC § 22.34.030 (b)]
^ Damage or deterioration of structure [DBMC § 22.34.030 (c)]
^ Poor landscaping conditions [DBMC § 22.34.030(d)]
^ Unsafe and non -permitted fences or walls [DBMC § 22.34.030(e)]
^ Improper display of temporary banners [DBMC § 22.36.040]
^ Non -permitted signs [DBMC § 22.36.080]
^ Improper use of property [DBMC § 22.42.010]
^ Other:
A Neighborhood Improvement Officer will visit the property in
days to ensure compliance with our community standards. Please
correct the listed violation(s) by or a citation and a
$100 fine shall be issued.
If you have any questions regarding this notice, or would like to
schedule an appointment to meet with a Neighborhood
Improvement Officer to discuss the City Code or other concerns in
your neighborhood, please do not hesitate to contact Officer
at (909) 396-5676.
Thank you for your assistance in maintaining Diamond Bar as a
beautiful and safe place to live, work, and play.
Date: Signed:
Neighborhood Improvement Officer
Copies to:
Yellow -File Blue -Mail White -Subject Property
CITY COUNCIL
Agenda: 6. 10
Meeting Date: June 17, 2003
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manage �u�_
TITLE: AWARD CONTRACT TO SAFEWAY SIGN COMPANY FOR STREET
SWEEPING SIGNS IN AN AMOUNT OF $92,300, AND AUTHORIZE A
CONTINGENCY AMOUNT OF $7,700 FOR CHANGE ORDERS TO BE
APPROVED BY THE CITY MANAGER
RECOMMENDATION:
Award the contract.
FINANCIAL IMPACT:
The City Council appropriated $100,000 for this project with the mid -year budget
adjustment.
BACKGROUND:
In April 2003, the City Council reviewed the Street Sweeping Regulation Program and
adopted Resolution No. 2003-16. Staff was directed to install a "No Parking" Street
Sweeping sign at the entrance to each neighborhood street and some additional mid -
block signs on Diamond Bar's longer streets for a total of 800 signs. In addition, thirteen
(13) areas were identified for modification, which require an estimated 220 additional
signs.
In May, staff held five neighborhood meetings to discuss the Street Sweeping Parking
Regulation Program modifications, and receive neighborhood input. Approximately 500
letters were mailed to the affected homeowners, businesses, and school administrators.
The signage for these modification areas has been added to the contract.
DISCUSSION:
On Manch 28, 2003, the Public Works Division issued a Request for Proposal/Bid to
nine (9) sign/maintenance companies which manufacturing and install signs. Two bids
were submitted to the City and opened on April 8, 2003. The lowest responsible bidder
is Safeway Sign Company. The bid was based on a unit cost price for material,
equipment, and labor.
The bids received are as follows:
Safeway Sign Company
Materials (includes tax)
Sign cost (each) $12.61
Light pole installation hardware $ 7.58
Telespar pole $17.59
Rivets (4) per sign $ .76
Installation Labor
New pole $66.00
On light pole $39.00
Traffic Control Services
$16.89
$ 2.11
$20.28
$ .77
$85.00
$48.00
Safeway Sign Company's line item bids are less than Traffic Control Services. Based
on the City's estimated quantities of material and labor, Traffic Control Services'
contract would have been $111,569. Therefore, staff recommends the award of
contract amount of $92,300 to Safeway Sign Company as follows:
Material (includes tax)
1,020
Signs
@ $12.61 =
$12,862-
395
Street light installation hardware
@ $ 7.58 =
$ 2,994-
6;25
Telespar pole
@ $17.59 =
$10,994*
4640
Rivets (4) per sign
@ $ .76 =
$ 3,526*
625
Post anchor
@ $ 8.28 =
$ 5,175
Labor installation
625 On new pole
395 On light pole
Total bid
*Rounded amount
Total amount of contract
Contingency approximately 8%
@ $66.00 = $41,250
@ $39.00 = $15,405
$92,300*
$92,300
$ 7,700
Of the 1,020 signs, 800 are for each residential street and some of Diamond Bar's
longer streets, and 220 for the additional thirteen (13) areas. Further, staff anticipates
that additional signs may be needed for the longer streets, which will be covered by the
contingency. The signs will be ordered upon contract execution, and the installation
should be completed within ninety (90) calendar days.
PREPARED BY: Linda Smith, Development Services Assistant
REVIEWED BY:
D iu
Director of Public Works
Attachments: Agreement
2
James DeStefano
Deputy City Manager
AGREEMENT
The following agreement is made and entered into, in duplicate, as of the date
executed by the Mayor and attested to by the City Clerk, by and between Safeway Sign
Company hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar,
California, hereinafter referred to as "CITY."
WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were
received, publicly opened, and declared on the date specified in the notice; and
WHEREAS, City did accept the bid of CONTRACTOR and;
WHEREAS, City has authorized the Mayor to execute a written contract with
CONTRACTOR for furnishing labor, equipment and material for the Street Sweeping Signs
and Related Material and Equipment Project in the City of Diamond Bar.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is
agreed:
1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary
labor, tools, materials, appliances, and equipment for and do the work for the Street
Sweeping Signs and Related Material and Equipment Project in the City of Diamond
Bar. The work to be performed in accordance with the contract documents and
specifications, dated March 28, 2003, on file in the office of the City Clerk and in accordance
with bid prices hereinafter mentioned and in accordance with the instructions of the City
Engineer.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY:
The Contract Documents and Specifications are incorporated herein by reference and made
a part hereof with like force and effect as if set forth in full herein. The Contract
Documents and Specifications, CONTRACTOR'S Proposal dated April 7, 2003,
together with Attachment "1 ", and this written agreement shall constitute the contract
between the parties. Actual locations shall be determined by the City Engineer and
forwarded to the contractor prior to ordering material. This contract is intended to
require a complete and finished piece of work and anything necessary to complete the work
properly and in accordance with the law and lawful governmental regulations shall be
performed by the CONTRACTOR whether set out specifically in the contract or not. Should
it be ascertained that any inconsistency exists between the aforesaid documents and this
written agreement, the provisions of this written agreement shall control.
3. TERMS OF CONTRACT
The Contractor agrees to complete the contract within ninety (90) calendar
days from date of approval.
The CONTRACTOR agrees further to the assessment of liquidated damages
in the amount of five hundred ($500.00) dollars for each calendar day the work remains
incomplete beyond the expiration of the completion date. City may deduct the amount
thereof from any monies due or that may become due the CONTRACTOR under this
agreement. Progress payments made after the scheduled date of completion shall not
constitute a waiver of liquidated damages.
4. INSURANCE: The CONTRACTOR shall not commence work under this
contract until he has obtained all insurance required hereunder in a company or companies
acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work
on his subcontract until all insurance required of the subcontractor has been obtained. The
CONTRACTOR shall take out and maintain at all times during the life of this contract the
following (policies of insurance:
a. Workers' Compensation Insurance: Before beginning work, the
CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken
out full workers' compensation insurance for all persons whom he may employ directly or
through subcontractors in carrying out the work specified herein, in accordance with the
laws of the State of California. Such insurance shall be maintained in full force and effect
during the period covered by this contract.
In accordance with the provisions of Section 3700 of the California
Labor Code, every CONTRACTOR shall secure the payment of compensation to his
employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City
a certification as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which
requires every employer to be insured against liability for workers' compensation or to
undertake self insurance in accordance with the provisions of that Code, and I will comply
with such provisions before commencing the performance of work of this contract."
b. For all operations of the CONTRACTOR or any sub -contractor in
performing the work provided for herein, insurance with the following minimum limits and
coverage:
1) Public Liability - Bodily Injury (not auto) $500,000 each person;
$1,000,000 each accident.
2) Public Liability - Property Damage (not auto) $250,000 each
person; $500,000 aggregate.
3) CONTRACTOR'S Protective - Bodily Injury $500,000 each
person; $1,000,000 each accident.
4) CONTRACTOR'S Protective - Property Damage $250,000 each
accident; $500,000 aggregate.
5) Automobile - Bodily Injury $500,000 each person; $1,000,000
each accident.
6) Automobile - Property Damage $250,000 each accident.
C. Each such policy of insurance provided for in paragraph b. shall:
1) Be issued by an insurance company approved in writing by City,
which is admitted to do business in the State of California.
2) Name as additional insured the City of Diamond Bar, its officers,
agents and employees, and any other parties specified in the bid documents to be so
included;
3) Specify it acts as primary insurance and that no insurance held
or owned by the designated additional insured shall be called upon to cover a loss under the
policy;
4) Contain a clause substantially in the following words:
"It is hereby understood and agreed that this policy may not be
canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt
by City of a written notice of such cancellation or reduction of coverage as evidenced by
receipt of a registered letter."
5) Otherwise be in form satisfactory to the City.
d. The policy of insurance provided for in subparagraph a. shall contain an
endorsement which:
1) Waives all right of subrogation against all persons and entities
specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of
insurance provided for in paragraph b. by reason of any claim arising out of or connected
with the operations of CONTRACTOR or any subcontractor in performing the work provided
for herein;
2) Provides it shall not be canceled or altered without thirty (30)
days' written notice thereof given to City by registered mail.
e. The CONTRACTOR shall, within ten (10) days from the date of the
notice of award of the Contract, deliver to the City Manager or his designee the original
policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager
or his designee a certificate of the insurance company, showing the issuance of such
insurance:, and the additional insured and other provisions required herein.
5. PREVAILING WAGE: Notice is hereby given that in accordance with the
provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the
CONTRACTOR is required to pay not less than the general prevailing rate of per diem
wages for work of a similar character in the locality in which the public works is performed,
and not less than the general prevailing rate of per diem wages for holiday and overtime
work. In that regard, the Director of the Department of Industrial Relations of the State of
California is required to and has determined such general prevailing rates of per diem
wages. Copies of such prevailing rates of per diem wages are on file in the Office of the
City Clerk of the City of Diamond Bar, 21825 E. Copley Drive, Diamond Bar, California, and
are available to any interested party on request. City also shall cause a copy of such
determinations to be posted at the job site.
The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five
dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or
portion thereof, if such laborer, workman or mechanic is paid less than the general
prevailing rate of wages herein before stipulated for any work done under this Agreement,
by him or by any subcontractor under him.
6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of
Section 1777.5 of the Labor Code, and in accordance with the regulations of the California
Apprenticeship Council, properly indentured apprentices may be employed in the
performance of the work.
The CONTRACTOR is required to make contribution to funds established for the
administrative of apprenticeship programs if he employs registered apprentices or
journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on
the public works site are making such contributions.
The CONTRACTOR and subcontractor under him shall comply with the
requirements of Sections 1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules and other
requirements may be obtained from the Director of Industrial Relations, ex -officio the
Administrator of Apprenticeship, San Francisco, California, or from the Division of
Apprenticeship Standards and its branch offices.
7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal
day's work for all workmen employed in the execution of this contract, and the
CONTRACTOR and any sub -contractor under him shall comply with and be governed by
the laws of the State of California having to do with working hours set forth in Division 2,
Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended.
The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars
($25.00) I -or each laborer, workman or mechanic employed in the execution of the contract,
by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore
mentioned, for each calendar day during which the laborer, workman or mechanic is
required or permitted to labor more than eight (8) hours in violation of the Labor Code.
8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel
and subsistence pay to each workman needed to execute the work required by this contract
as such travel and subsistence payments are defined in the applicable collective bargaining
agreements filed in accordance with Labor Code Section 1773.8.
9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers,
agents and employees ("Idemnitees") shall not be answerable or accountable in any
manner for any loss or damage that may happen to the work or any part thereof, or for any
of the materials or other things used or employed in performing the work; or for injury or
damage to any person or persons, either workmen or employees of the CONTRACTOR, of
his subcontractor's or the public, or for damage to adjoining or other property from any
cause whatsoever arising out of or in connection with the performance of the work. The
CONTRACTOR shall be responsible for any damage or injury to any person or property
resulting from defects or obstructions or from any cause whatsoever.
The CONTRACTOR will indemnify Indemnitees against and will hold and save
Indemnitees harmless from any and all actions, claims, damages to persons or property,
penalties, obligations or liabilities that may be asserted or claimed by any person, firm,
entity, corporation, political subdivision, or other organization arising out of or in connection
with the work, operation, or activities of the CONTRACTOR, his agents, employees,
subcontractors or invitees provided for herein, whether or not there is concurrent passive or
active negligence on the part of City. In connection therewith:
a. The CONTRACTOR will defend any action or actions filed in connection
with any such claims, damages, penalties, obligations or liabilities and will pay all costs and
expenses., including attorneys' fees incurred in connection therewith.
b. The CONTRACTOR will promptly pay any judgment rendered against
the CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations
and liabilities arising out of or in connection with such work, operations or activities of the
CONTRACTOR hereunder, and the CONTRACTOR agrees to save and hold the
Indemnitees harmless therefrom.
C. In the event Indemnitees are made a party to any action or proceeding
filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or
in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to
pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action
or proceeding together with reasonable attorneys' fees.
So much of the money due to the CONTRACTOR under and by virtue of the
contract as shall be considered necessary by City may be retained by City until disposition
has been made of such actions or claims for damages as aforesaid.
This indemnity provision shall survive the termination of the Agreement and is
in addition to any other rights or remedies which Indemnitees may have under the law.
This indemnity is effective without reference to the existence or applicability of
any insurance coverages which may have been required under this Agreement or any
additional insured endorsements which may extend to Indemnitees.
CONTRACTOR, on behalf of itself and all parties claiming under or through it,
hereby waives all rights of subrogation and contribution against the Indemnitees, while
acting within the scope of their duties, from all claims, losses and liabilities arising our of or
incident to activities or operations performed by or on behalf of the Indemnitor regardless of
any prior, concurrent, or subsequent active or passive negligence by the Indemnitees.
10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no
discrimination shall be made in the employment of persons in the work contemplated by this
Agreement because of the race, color or religion of such person. A violation of this section
exposes the CONTRACTOR to the penalties provided for in Labor Code Section 1735.
11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for
furnishing all material and doing the prescribed work the unit prices set forth in
the Price Schedule in accordance with CONTRACTOR'S Proposal dated
April 7, 2003. Initial contract amount Not -to Exceed $92,300 is based
upon Attachment "1", Initial Sign List.
12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by
either party to enforce any term of provision of the this agreement, the prevailing party shall
recover its reasonable attorney's fees and costs incurred with respect thereto.
13. TERMINATION: This agreement may be terminated by the City, without
cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty
(30) days prior to the date of termination specified in the notice. In the event of such
termination, CONTRACTOR shall only be paid for services rendered and expenses
necessarily incurred prior to the effective date of termination.
THIS SPACE INTENTIONALLY LEFT BLANK
Sent 'Uy:—SE-feway Sign Company; 858-792-1738; Jun -11-03 2:50PM; Page 2/2
06/11/20e3 1,4:38 9098613117 CITY OF DIAMOND BAR PAGE 08
IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all
the formalities required by law on the respective dates set fOM oppOSite their signatures.
State of C:alUbmla
"CONTRACTOR'S" Llcense No. C-61-042 863197
E IOMPANY
S D AD
ADELAN A 1
E 7 46 7070 76 SS Z
Date /� �3 By; David Moore
ice res ant
Dat-- � �.
CITY OF DIAMOND BAR, CALIFORNIA
BY�
H
RRA, MAYOR
ATTEST;
By:
CITY CLER
Date
CONTRACTOR'S Business Phone 76(9-;7-A09- 7O 7o
Emergency Phone at which CONTRACTOR can be reached at any time
APPROVED AS TO FORM;
Date
Attachment "1"
Initial Sign List
June 10, 2003
Material (includes tax)
1020 signs @ $12.61
395 street light installation hardware @ $ 7.58
625 Telespar pole @ $17.59
4640 Rivets (4) per sign @ $ .76
625 post anchor @ $ 8.28
Labor installation
625 on new pole, etc.
395 on light pole
Total bid
*Rounded amount
Total amount of contract
$12,862*
$ 2,994*
_ $10,994*
$ 3,526*
$ 5,175
@ $66.00 = $41,250
@ $39.00 = $15,405
$92,300*
$92,300
Prior to ordering of materials, the City Engineer shall provide final material quantities.
Installation quantities shall be paid on an as -built basis and the noted locations updated
by the CONTRACTOR and verified by the City.
10
Agenda: 6.10
Meeting Date: June 17, 2003
TO:
VIA:
Honorable Mayor and Members of the City Council
Linda C. Lowry, City Manage
TITLE: AWARD CONTRACT TO SAFEWAY SIGN COMPANY FOR STREET
SWEEPING SIGNS IN AN AMOUNT OF $92,300, AND AUTHORIZE A
CONTINGENCY AMOUNT OF $7,700 FOR CHANGE ORDERS TO BE
APPROVED BY THE CITY MANAGER
RECOMMENDATION:
Award the contract.
FINANCIAL IMPACT:
The City Council appropriated $100,000 for this project with the mid -year budget
adjustment.
BACKGROUND:
In April 2003, the City Council reviewed the Street Sweeping Regulation Program and
adopted Resolution No. 2003-16. Staff was directed to install a "No Parking" Street
Sweeping sign at the entrance to each neighborhood street and some additional mid -
block signs on Diamond Bar's longer streets for a total of 800 signs. In addition, thirteen
(13) areas were identified for modification, which require an estimated 220 additional
signs.
In May, staff held five neighborhood meetings to discuss the Street Sweeping Parking
Regulation Program modifications, and receive neighborhood input. Approximately 500
letters were mailed to the affected homeowners, businesses, and school administrators.
The signage for these modification areas has been added to the contract.
DISCUSSION:
On March 28, 2003, the Public Works Division issued a Request for Proposal/Bid to
nine (9) sign/maintenance companies which manufacturing and install signs. Two bids
were submitted to the City and opened on April 8, 2003. The lowest responsible bidder
is Safeway Sign Company. The bid was based on a unit cost price for material,
equipment, and labor.
1
The bids received are as follows:
Safeway Sign Company
Traffic Control Services
Materials (includes tax)
Sign cost (each) $12.61 $16.89
Light pole installation hardware $ 7.58 $ 2.11
Telespar pole $17.59 $20.28
Rivets (4) per sign $ .76 $ .77
Installation Labor
$66.00 $85.00
New pole
On light pole $39.00 $48.00
Safeway Sign Company's line item bids are less than Traffic Control Services. Based
on the City's estimated quantities of material and labor, Traffic Control Services'
contract would have been $111,569. Therefore, staff recommends the award of
contract amount of $92,300 to Safeway Sign Company as follows:
Material (includes tax)
1020 Signs @ $12.61 = $12,862-
395 Street light installation hardware @ $ 7.58 = $ 2,994*
625 Telespar pole @ $17.59 = $10,994-
4640 Rivets (4) per sign @ $ .76 = $ 3,526*
625 Post anchor @ $ 8.28 = $ 5,175
Labor installation
$66.00 = $41,250
625 On new pole @
395 On light pole @ $39.00 = $15,405
Total bid $92,300*
*Rounded amount
$92,300
Total amount of contract
Contingency approximately 8% $ 7,700
Of the 1,020 signs, 800 are for each residential street and some of Diamond Bar's
longer streets, and 220 for the additional thirteen (13) areas. Further, staff anticipates
that additional signs may be needed for the longer streets, which will be covered by the
contingency. The signs will be ordered upon contract execution, and the installation
should be completed within ninety (90) calendar days.
PREPARED BY: Linda Smith, Development Services Assistant
REVIEWED BY:
1
42 d
iu James DeStefano
Director of Public Works Deputy City Manager
Attachments: Agreement
2
AGREEMENT
The following agreement is made and entered into, in duplicate, as of the date
executed by the Mayor and attested to by the City Clerk, by and between Safeway Sign
Company hereinafter referred to as the "CONTRACTOR" and the City of Diamond Bar,
California, hereinafter referred to as "CITY."
WHEREAS, pursuant to Notice Inviting Sealed Bids or Proposals, bids were
received, publicly opened, and declared on the date specified in the notice; and
WHEREAS, City did accept the bid of CONTRACTOR and;
WHEREAS, City has authorized the Mayor to execute a written contract with
CONTRACTOR for furnishing labor, equipment and material for the Street Sweeping Signs
and Related Material and Equipment Project in the City of Diamond Bar.
NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is
agreed:
1. GENERAL SCOPE OF WORK: CONTRACTOR shall furnish all necessary
labor, tools, materials, appliances, and equipment for and do the work for the Street
Sweeping Signs and Related Material and Equipment Project in the City of Diamond
Bar. The work to be performed in accordance with the contract documents and
specifications, dated March 28, 2003, on file in the office of the City Clerk and in accordance
with bid prices hereinafter mentioned and in accordance with the instructions of the City
Engineer.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY:
The Contract Documents and Specifications are incorporated herein by reference and made
a part hereof with like force and effect as if set forth in full herein. The Contract
Documents and Specifications, CONTRACTOR'S Proposal dated April 7, 2003,
together with Attachment "1 ", and this written agreement shall constitute the contract
between the parties. Actual locations shall be determined by the City Engineer and
forwarded to the contractor prior to ordering material. This contract is intended to
require a complete and finished piece of work and anything necessary to complete the work
properly and in accordance with the law and lawful governmental regulations shall be
performed by the CONTRACTOR whether set out specifically in the contract or not. Should
it be ascertained that any inconsistency exists between the aforesaid documents and this
written agreement, the provisions of this written agreement shall control.
3. TERMS OF CONTRACT
The Contractor agrees to complete the contract within ninety (90) calendar
days from date of approval.
The CONTRACTOR agrees further to the assessment of liquidated damages
in the amount of five hundred ($500.00) dollars for each calendar day the work remains
incomplete beyond the expiration of the completion date. City may deduct the amount
thereof from any monies due or that may become due the CONTRACTOR under this
agreement. Progress payments made after the scheduled date of completion shall not
constitute a waiver of liquidated damages.
1
4. INSURANCE: The CONTRACTOR shall not commence work under this
contract until he has obtained all insurance required hereunder in a company or companies
acceptable to City nor shall the CONTRACTOR allow any subcontractor to commence work
on his subcontract until all insurance required of the subcontractor has been obtained. The
CONTRACTOR shall take out and maintain at all times during the life of this contract the
following policies of insurance:
a. Workers' Compensation Insurance: Before beginning work, the
CONTRACTOR shall furnish to the City a certificate of insurance as proof that he has taken
out full workers' compensation insurance for all persons whom he may employ directly or
through subcontractors in carrying out the work specified herein, in accordance with the
laws of the State of California. Such insurance shall be maintained in full force and effect
during the period covered by this contract.
In accordance with the provisions of Section 3700 of the California
Labor Code, every CONTRACTOR shall secure the payment of compensation to his
employees. The CONTRACTOR, prior to commencing work, shall sign and file with the City
a certification as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which
requires every employer to be insured against liability for workers' compensation or to
undertake self insurance in accordance with the provisions of that Code, and I will comply
with such provisions before commencing the performance of work of this contract."
b. For all operations of the CONTRACTOR or any sub -contractor in
performing the work provided for herein, insurance with the following minimum limits and
coverage:
1) Public Liability - Bodily Injury (not auto) $500,000 each person;
$1,000,000 each accident.
2) Public Liability - Property Damage (not auto) $250,000 each
person; $500,000 aggregate.
3) CONTRACTOR'S Protective - Bodily Injury $500,000 each
person; $1,000,000 each accident.
4) CONTRACTOR'S Protective - Property Damage $250,000 each
accident; $500,000 aggregate.
5) Automobile - Bodily Injury $500,000 each person; $1,000,000
each accident.
6) Automobile - Property Damage $250,000 each accident.
c. Each such policy of insurance provided for in paragraph b. shall:
1) Be issued by an insurance company approved in writing by City,
which is admitted to do business in the State of California.
2
2) Name as additional insured the City of Diamond Bar, its officers,
agents and employees, and any other parties specified in the bid documents to be so
included;
3) Specify it acts as primary insurance and that no insurance held
or owned by the designated additional insured shall be called upon to cover a loss under the
policy;
4) Contain a clause substantially in the following words:
"It is hereby understood and agreed that this policy may not be
canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt
by City of a written notice of such cancellation or reduction of coverage as evidenced by
receipt of a registered letter."
5) Otherwise be in form satisfactory to the City.
d. The policy of insurance provided for in subparagraph a. shall contain an
endorsement which:
1) Waives all right of subrogation against all persons and entities
specified in subparagraph 4.c.(2) hereof to be listed as additional insureds in the policy of
insurance provided for in paragraph b. by reason of any claim arising out of or connected
with the operations of CONTRACTOR or any subcontractor in performing the work provided
for herein;
2) Provides it shall not be canceled or altered without thirty (30)
days' written notice thereof given to City by registered mail.
e. The CONTRACTOR shall, within ten (10) days from the date of the
notice of award of the Contract, deliver to the City Manager or his designee the original
policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager
or his designee a certificate of the insurance company, showing the issuance of such
insurance, and the additional insured and other provisions required herein.
5. PREVAILING WAGE: Notice is hereby given that in accordance with the
provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the
CONTRACTOR is required to pay not less than the general prevailing rate of per diem
wages for work of a similar character in the locality in which the public works is performed,
and not less than the general prevailing rate of per diem wages for holiday and overtime
work. In that regard, the Director of the Department of Industrial Relations of the State of
California is required to and has determined such general prevailing rates of per diem
wages. Copies of such prevailing rates of per diem wages are on file in the Office of the
City Clerk. of the City of Diamond Bar, 21825 E. Copley Drive, Diamond Bar, California, and
are available to any interested party on request. City also shall cause a copy of such
determinations to be posted at the job site.
The CONTRACTOR shall forfeit, as penalty to City, not more than twenty-five
dollars ($25.00) for each laborer, workman or mechanic employed for each calendar day or
portion thereof, if such laborer, workman or mechanic is paid less than the general
3
prevailing rate of wages herein before stipulated for any work done under this Agreement,
by him or by any subcontractor under him.
6. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of
Section 1777.5 of the Labor Code, and in accordance with the regulations of the California
Apprenticeship Council, properly indentured apprentices may be employed in the
performance of the work.
The CONTRACTOR is required to make contribution to funds established for the
administrative of apprenticeship programs if he employs registered apprentices or
journeymen in any apprenticeable trade on such contracts and if other CONTRACTOR'S on
the public works site are making such contributions.
The CONTRACTOR and subcontractor under him shall comply with the
requirements of Sections 1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules and other
requirements may be obtained from the Director of Industrial Relations, ex -officio the
Administrator of Apprenticeship, San Francisco, California, or from the Division of
Apprenticeship Standards and its branch offices.
7. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal
day's work for all workmen employed in the execution of this contract, and the
CONTRACTOR and any sub -contractor under him shall comply with and be governed by
the laws of the State of California having to do with working hours set forth in Division 2,
Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended.
The CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars
($25.00) for each laborer, workman or mechanic employed in the execution of the contract,
by him or any sub- CONTRACTOR under him, upon any of the work hereinbefore
mentioned, for each calendar day during which the laborer, workman or mechanic is
required or permitted to labor more than eight (8) hours in violation of the Labor Code.
8. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel
and subsistence pay to each workman needed to execute the work required by this contract
as such travel and subsistence payments are defined in the applicable collective bargaining
agreements filed in accordance with Labor Code Section 1773.8.
9. CONTRACTOR'S LIABILITY: The City of Diamond Bar and its officers,
agents and employees ("Idemnitees") shall not be answerable or accountable in any
manner for any loss or damage that may happen to the work or any part thereof, or for any
of the materials or other things used or employed in performing the work; or for injury or
damage to any person or persons, either workmen or employees of the CONTRACTOR, of
his subcontractor's or the public, or for damage to adjoining or other property from any
cause whatsoever arising out of or in connection with the performance of the work. The
CONTRACTOR shall be responsible for any damage or injury to any person or property
resulting from defects or obstructions or from any cause whatsoever.
The CONTRACTOR will indemnify Indemnitees against and will hold and save
Indemnitees harmless from any and all actions, claims, damages to persons or property,
4
c. In the event Indemnitees are made a party to any action or proceeding
filed or prosecuted against the CONTRACTOR for damages or other claims arising out of or
in connection with the work, operation or activities hereunder, the CONTRACTOR agrees to
pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action
or proceeding together with reasonable attorneys' fees.
So much of the money due to the CONTRACTOR under and by virtue of the
contract as shall be considered necessary by City may be retained by City until disposition
has been made of such actions or claims for damages as aforesaid.
This indemnity provision shall survive the termination of the Agreement and is
in additioin to any other rights or remedies which Indemnitees may have under the law.
This indemnity is effective without reference to the existence or applicability of
any insurance coverages which may have been required under this Agreement or any
additional insured endorsements which may extend to Indemnitees.
CONTRACTOR, on behalf of itself and all parties claiming under or through it,
hereby waives all rights of subrogation and contribution against the Indemnitees, while
acting wil:hin the scope of their duties, from all claims, losses and liabilities arising our of or
incident to activities or operations performed by or on behalf of the Indemnitor regardless of
any prior, concurrent, or subsequent active or passive negligence by the Indemnitees.
10. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no
discrimination shall be made in the employment of persons in the work contemplated by this
Agreement because of the race, color or religion of such person. A violation of this section
exposes ithe CONTRACTOR to the penalties provided for in Labor Code Section 1735.
11. CONTRACT PRICE AND PAYMENT: City shall pay to the CONTRACTOR for
furnishing all material and doing the prescribed work the unit prices set forth in
the Price Schedule in accordance with CONTRACTOR'S Proposal dated
April 7, 2003. Initial contract amount Not -to Exceed $92,300 is based
upon Attachment "1", Initial Sign List.
5
12. ATTORNEY'S FEES: In the event that any action or proceeding is brought by
either party to enforce any term of provision of the this agreement, the prevailing party shall
recover its reasonable attorney's fees and costs incurred with respect thereto.
13. TERMINATION: This agreement may be terminated by the City, without
cause, upon the giving of a written "Notice of Termination" to CONTRACTOR at least thirty
(30) days prior to the date of termination specified in the notice. In the event of such
termination, CONTRACTOR shall only be paid for services rendered and expenses
necessarily incurred prior to the effective date of termination.
THIS SPACE INTENTIONALLY LEFT BLANK
6
. Sent q3V feway Sign Company; 858-792-1736; Jun -11-03 2:50PM; Page 2/2
06/11/2893 14:38 9098613117
CITY OF DIAMOND BAR PAGE 08
IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all
the formalities required by law on the respective dates set forth opposite their signatures.
State of California
"CONTRACTOR'S" License No. C 7 D 86311Z
E SIGN COMPANY
SY_CCAD
Date r;
By: David Moore
CITY OF DIAMOND BAR, CALIFORNIA
By:
CAROLH ERRERA, MAYOR
Dates
ATTEST:
By.,
CITY CLERK
Date
CONTRACTOR'S Business Phone 760 -;z eta, 74;0
Emergency Phone at which CONTRACTOR can be reached at any time
APPROVED AS TO FORM:
CITY -A Y
Date
7
Attachment "1"
Initial Sign List
June 10, 2003
Material (includes tax)
1020 signs
3135 street light installation hardware
625 Telespar pole
4640 Rivets (4) per sign
625 post anchor
Labor installation
625 on new pole, etc.
395 on light pole
Total bid
*Rounded amount
Total amount of contract
@ $12.61 = $12,862-
@ $ 7.58 = $ 2,994-
@ $17.59 = $10,994*
@ $ .76 = $ 3,526*
@ $ 8.28 = $ 5,175
@ $66.00 = $41,250
@ $39.00 = $15,405
$92,300*
$92,300
Prior to ordering of materials, the City Engineer shall provide final material quantities.
Installation quantities shall be paid on an as -built basis and the noted locations updated
by the CONTRACTOR and verified by the City.
10
Agenda # 6-11
Meeting Date: June 17, 2003
CITY COUNCIL AGENDA REPORT
�jas9 r9
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Appropriate $2,207.23 from the Steven M. Tamaya Memorial Fund
RECOMMENDATION:
It is recommended that the City Council appropriate $2,207.23 from the Steven M. Tamaya Memorial
Fund for the purchase of a Community/Senior Center commemorative tile, park bench and additional
landscaping.
FINANCIAL IMPACT:
The Steven M. Tamaya Memorial Fund contains $2,207.23. These funds were obtained through
private donations.
DISCUSSION:
Steven Tamaya was an employee of the City who passed away on July 3, 1999. The City Council
created the Steven M. Tamaya Memorial Fund so that individuals could contribute funds, in his honor,
for the creation and enhancement of City parks.
Recently the City received the attached request from the Steven Tamaya estate to utilize the funds to
purchase a commemorative the at the new Community/Senior Center and a bench to be placed at
Sycamore Canyon Park. Since the FY 2002-03 budget does not include any appropriations from this
fund, this request requires the City Council to appropriate the necessary funds.
In addition to these purchases, staff requests authorization from the Council to utilize any remaining
funds for landscaping or other associated costs. These additional expenditures will be reviewed and
approved by the Steven Tamaya estate, prior to the use of the funds.
PREPARED M
Deputy ity Manager
Attachments
Linda Magnuson
From: Dianna Powell [Dianna@labpak.com]
Sent: Monday, June 02, 2003 5:10 PM
To: Linda Magnuson; Debby O'Connor
Subject: RE: Tamaya Memorial Fund
Good Afternoon Ladies!
Thank you for taking the time out of your busy work day to follow up on
the
Memorial Fund request for me. When Debby contacted me regarding the
Tile, I
thought it weuld be, in addition to the Park Bench at Sycamore Canyon
Park,
an ideal way of memorializing Steve. Steve took great pride and
pleasure in
his position with the City of Diamond Bar and in being an American. To
know
that his memory was associated with the new Community Center, in a
display
near the flag pole area, would have pleased Steven a great deal.
Please consider this my formal request to use funds from the Steven M.
Tamaya Memorial Fund to cover the $200.00 cost of the Community Center
Tile.
Also, please consider this my formal request to utilize the remaining
money
in the fund for a Park Bench in Sycamore Canyon Park as proposed by Bob
Rose. As residents of Diamond Bar, Steven and I visited Sycamore Canyon
Park often. It became a favorite place for us to walk in the summer
months.
I realize that: the money in the fund may exceed the cost of the Tile and
Bench and I very much wish that any money remaining be allocated to
improvements/enhancements at Sycamore Canyon Park (play grounds,
additional
plants, trees, etc.) Please use the excess for what ever is needed
most!
Please let me know if you need anything further from me or if I can
assist
with the Park or Tile projects in any way. I would like very much to be
involved with both projects in any way that is acceptable. You may
contact
me via my work e-mail Dianna@labpak.com or home e-mail
nanapoh@earthlink.net. My work number is listed below and my home
number is
(909) 865-1727.
Thank you again to both you and Debby for following up on this and
making it
happen!
Dianna L. Powell,
Manager of Inside Sales
(800) 777-1471 ext. 242
Fax: (714) 525-0280
PS: I filled out the Tile application and dropped it by Debby's house
last week. If I need to complete any additional forms or if this e-mail
will not suffice as the official request, please let me know and I will
1
Provide whatever is needed. Thank you again!
-----Original Message -----
From: Debby O'Connor [mailto:debby.oconnor@ci.diamond-bar.ca.us]
Sent: Monday„ June 02, 2003 2:43 PM
To: Linda Magnuson
Cc: dianna@latbpak.com
Subject: RE: Tamaya Memorial Fund
Linda,
I am forwarding your message on to Dianna.
Dianna,
Please provide the written request as stated by Linda Magnuson, the
City's
Finance Director.
Debby
-----original Message -----
From: Linda Magnuson
Sent: Mon 6/2/2003 1:54 PM
To: Debby O'Connor
Cc:
Subject: RE: Tamaya Memorial Fund
and It would probably be best to have both a copy of the order form
a letter from her to authorize the expenditure. The money is in a
checking
account. Since its been so long, I will need to make sure who the
signers
are on the account as well as possibly bring it up to date.
Its also my understanding from Bob Rose, that there has been an
authorization to spend some of the money on a bench at Sycamore Cyn.
Since
you are getting the other approval, could you ask her for something on
the
bench as well?
Thanks.
-----Original Message -----
From: Debby O'Connor
Sent: Monday, June 02, 2003 1:48 PM
To: Linda Magnuson
Subject: Tamaya Memorial Fund
I have a Tile Order from Dianna Powell, Steve Tamaya's
widow. She would like to use $200.00 from the Memorial Fund that the
City is
holding to have a tile in Steve's memory placed at the Community Center.
is a Do you need anything in writing making that request or
copy of her Tile Order Form all that you will need? Also, seems to me
that I
remember the account was a checking account so are you able to write the
check to the Community Foundation?
N
Let me know what needs to be done.
Thanks,
Debby
RESOLUTION NO. 99 -SR
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR ESTABLISHING A
STEVEN M. TAMAYA M EMORIALFUND.
WHEREAS, Steven M. Tamaya, an employee of the City of Diamond Bar,
passed away on July 3, 1999; and
WHEREAS, the family wishes a Steven M. Tamaya Memorial Fund be
established so individuals may contribute money, in his honor, for the creation and
enhancement of parks located within the City of Diamond Bar.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby establishes the Steven M. Tamaya
Memorial Fund for the creation and enhancement of parks located within the City of
Diamond Bar.
A. All checks and warrants drawn on these funds shall be executed and
countersigned by any two of the following three positions:
a. Mayor
b. City Treasurer
C. Finance Director
r B. The City Council hereby authorizes and directs the execution of all
documents reasonably necessary to establish a separate bank account for
the accounting of these funds.
PASSED, ADOPTED, AND APPROVED by the City Council of the City of Diamond
Bar, California, this 6th " day of July P1999.
Mayor r
Agenda # 6-11
Meeting Date: June 17, 2003
TO:
Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manage
TITLE: Appropriate $2,207.23 from the Steven M. Tamaya Memorial Fund
RECOMMENDATION:
It is recommended that the City Council appropriate $2,207.23 from the Steven M. Tamaya Memorial
Fund for the purchase of a Community/Senior Center commemorative tile, park bench and additional
landscaping.
FINANCIAL IMPACT:
The Steven M. Tamaya Memorial Fund contains $2,207.23. These funds were obtained through
private donations.
DISCUSSION:
Steven Tamaya was an employee of the City who passed away on July 3, 1999. The City Council
created the Steven M. Tamaya Memorial Fund so that individuals could contribute funds, in his honor,
for the creation and enhancement of City parks.
Recently the City received the attached request from the Steven Tamaya estate to utilize the funds to
purchase a commemorative tile at the new Community/Senior Center and a bench to be placed at
Sycamore Canyon Park. Since the FY 2002-03 budget does not include any appropriations from this
fund, this request requires the City Council to appropriate the necessary funds.
In addition to these purchases, staff requests authorization from the Council to utilize any remaining
funds for landscaping or other associated costs. These additional expenditures will be reviewed and
approved by the Steven Tamaya estate, prior to the use of the funds.
PREPARED -BY:
Deputy' -City Manager
Attachments
Linda Magnuson
From: Dianna Powell [Dianna@labpak.com]
Sent: Monday, June 02, 2003 5:10 PM
To: Linda Magnuson; Debby O'Connor
Subject: RE: Tamaya Memorial Fund
Good Afternoon Ladies!
Thank you for taking the time out of your busy work day to follow up on
the
Memorial Fund request for me. When Debby contacted me regarding the
Tile, I
thought it would be, in addition to the Park Bench at Sycamore Canyon
Pa rk,
an ideal way of memorializing Steve. Steve took great pride and
pleasure in
his position with the City of Diamond Bar and in being an American. To
know
that his memory was associated with the new Community Center, in a
display
near the flag pole area, would have pleased Steven a great deal.
Please consider this my formal request to use funds from the Steven M.
Tamaya Memorial Fund to cover the $200.00 cost of the Community Center
Tile.
Also, please consider this my formal request to utilize the remaining
money
in the fund for a Park Bench in Sycamore Canyon Park as proposed by Bob
Rose. As residents of Diamond Bar, Steven and I visited Sycamore Canyon
Park often. It became a favorite place for us to walk in the summer
months.
I realize that the money in the fund may exceed the cost of the Tile and
Bench and I very much wish that any money remaining be allocated to
improvements /enhancements at Sycamore Canyon Park (play grounds,
additional
plants, trees, etc.) Please use the excess for what ever is needed
most!
Please let me know if you need anything further from me or if I can
assist
with the Park or Tile projects in any way. I would like very much to be
involved with both projects in any way that is acceptable. You may
contact
me via my work e-mail Dianna@labpak.com or home e-mail
nanapoh@earthlink.net. My work number is listed below and my home
number is
(909)865-1727.
Thank you again to both you and Debby for following up on this and
making it
happen!
Dianna L. Powell,
Manager of Inside Sales
(800) 777-1471 ext. 242
Fax: (714) 525-0280
PS: I filled out the Tile application and dropped it by Debby's house
last week. If I need to complete any additional forms or if this e-mail
will not suffice as the official request, please let me know and I will
1
provide whatever is needed. Thank you again!
-----Original Message ----
From: Debby O'Connor [mailto:debby.oconnor@ci.diamond-bar.ca.us]
Sent: Monday, June 02, 2003 2:43 PM
To: Linda Magnuson
Cc: dianna@labpak.com
Subject: RE: Tamaya Memorial Fund
Linda,
I am forwarding your message on to Dianna.
Dianna,
Please provide the written request as stated by Linda Magnuson, the
City's
Finance Director.
Debby
-----Original Message -----
From: Linda Magnuson
Sent: Mon 6/2/2003 1:54 PM
To: Debby O'Connor
Cc:
Subject: RE: Tamaya Memorial Fund
It would probably be best to have both a copy of the order form
and
a letter from her to authorize the expenditure. The money is in a
checking
account. Since its been so long, I will need to make sure who the
signers
are on the account as well as possibly bring it up to date.
Its also my understanding from Bob Rose, that there has been an
authorization to spend some of the money on a bench at Sycamore Cyn.
Since
you are getting the other approval, could you ask her for something on
the
bench as well?
Thanks.
-----Original Message -----
From: Debby O'Connor
Sent: Monday, June 02, 2003 1:48 PM
To: Linda Magnuson
Subject: Tamaya Memorial Fund
I have a Tile Order from Dianna Powell, Steve Tamaya's
widow. She would like to use $200.00 from the Memorial Fund that the
City is
holding to have a tile in Steve's memory placed at the Community Center.
Do you need anything in writing making that request or
is a
copy of her Tile Order Form all that you will need? Also, seems to me
that I
remember the account was a checking account so are you able to write the
check to the Community Foundation?
2
Let me know what needs to be done.
Thanks,
Debby
3
,or
RESOLUTION NO. 99-9;
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DIAMOND BAR ESTABLISHING A
STEVEN M. TAMAYA MEMORIAL FUND.
WHEREAS, Steven M. Tamaya, an employee of the City of Diamond Bar,
passed away on July 3, 1999; and
WHEREAS, the family wishes a Steven M. Tamaya Memorial Fund be
established so individuals may contribute money, in his honor, for the creation and
enhancement of parks located within the City of Diamond Bar.
NOW, THEREFORE, TEE CITY COUNCIL OF THE CITY OF
DIAMOND BAR DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council hereby establishes the Steven M. Tamaya
Memorial Fund for the creation and enhancement of parks located within the City of
Diamond Bar.
A. All checks and warrants drawn on these funds shall be executed and
countersigned by any two of the following three positions:
a. Mayor
b. City Treasurer
c. Finance Director
B. The City Council hereby authorizes and directs the execution of all
documents reasonably necessary to establish a separate bank account for
the accounting of these funds.
PASSED, ADOPTED, AND APPROVED by the City Council of the City of Diamond
Bar, California, this 6th " day of July , 1999.
Mayor
11
Agenda # 6.12
Meeting Date: = June 17. 2003
CITY COUNCIL AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Amendment to Contract with Gonzalez Goodale Architects for Additional Landscape
Design Services at the Community/Senior Center ($16,000) and appropriate funds from
General Fund Reserves
RECOMMENDATION:
It is recommended that the City Council approve an amendment to the contract with the City's
architect for an amount not -to -exceed $16,000 to provide additional landscape design services at the
Community/Senior Center and appropriate funds from General Fund Reserves.
FINANCIAL IMPACT:
The original contract for the landscape architect is approximately $73,600. The cost for the additional
services will increase the landscape design costs to $89,600. Also, there will be additional costs to
the Community/Senior Center project for the extra irrigation and landscaping.
DISCUSSION„
Originally the landscape architect was directed to provide landscaping design services within the
grading plan area only. Conditions in the field required the contractor to deviate from the original
grading plan leaving two pockets of graded area without landscaping. Also, the construction of the
onsite utilities (Sewer, Gas and Water) required significant work on the slope between the fire access
road and Summitridge Drive. This area was not included in the original landscape plan.
Staff recommends the landscape architect be directed to provide design services for these areas
along with the area below the grading limit line to Summitridge Drive. The area below the grading
limit is currently covered with weeds, natural scrub and dead plant material. Attached is the site plan
identifying the areas in which the landscape architect will provide design services.
If the contract amendment is approved by Council, the landscape architect will perform the necessary
calculations to ensure irrigation coverage and will provide irrigation and planting construction
documents. The construction documents will then be provided to the contractor so he can prepare a
cost estimate for the additional irrigation and planting.
PREPARED BY:
I
Deputy ity Mana er
Attachment
8729
washington bMI.
culver city
califomia 90232
www.ahbe.com
t 310.838.044EI
f 1310.204.2664
13102042664 AHBE LANDSCAPE ARCH
I
1
landscape architects
facsimile memorandum
date
28 April 2003
to
Matt Blain
company
Gonzalez Goodale
fax number
626.568.1428 _
regarding
Add Service area
056 P01 APR 28 103 09:28
page count
4
from
. lin Sun _.,T�_
telephone
310.838.0448 x 14
project
Diamond Bar CC
CC
Please notify us at 310.838.0446 if there is a problem with transmittal of this fax.
comments
Matt,
Please see the attached and verify with the city if the marked areas on the sheets are
the areas to include in the add service. The areas that were reviewed on site with Calvin
are the entry planting, areas along the main entry mad, areas adjacent to the side road
and the extension of the southeast slope area. The two areas that were not looked at
when Calvin was there at the job site are the areas to the north of the site. Let us know if
any of the areas should be excluded from the add service. We recommend including all
areas so we can do them all under one add service contract. Please verify and let us
know.
Thank you,
Ling
F:1prn2001\1010101corr MPWX M%1110matftx042809.doo
13102042664 AHBE LANDSCAPE ARCH 056 P02 APR 28 '03 09:29
13102042664 AHBE LANDSCAPE ARCH
0
056 P03 PIPR 28 103 09:29
Aef
/7 VtyI
RN
Agenda # 6.12
Meeting Date: = June 17, 2003
TO:
Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Amendment to Contract with Gonzalez Goodale Architects for Additional Landscape
Design Services at the Community/Senior Center ($16,000) and appropriate funds from
General Fund Reserves
RECOMMENDATION:
It is recommended that the City Council approve an amendment to the contract with the City's
architect for an amount not -to -exceed $16,000 to provide additional landscape design services at the
Community/Senior Center and appropriate funds from General Fund Reserves.
FINANCIAL IMPACT:
The original contract for the landscape architect is approximately $73,600. The cost for the additional
services will increase the landscape design costs to $89,600. Also, there will be additional costs to
the Community/Senior Center project for the extra irrigation and landscaping.
DISCUSSION„
Originally the landscape architect was directed to provide landscaping design services within the
grading plan area only. Conditions in the field required the contractor to deviate from the original
grading plan leaving two pockets of graded area without landscaping. Also, the construction of the
onsite utilities (Sewer, Gas and Water) required significant work on the slope between the fire access
road and Summitridge Drive. This area was not included in the original landscape plan.
Staff recommends the landscape architect be directed to provide design services for these areas
along with the area below the grading limit line to Summitridge Drive. The area below the grading
limit is currently covered with weeds, natural scrub and dead plant material. Attached is the site plan
identifying the areas in which the landscape architect will provide design services.
If the contract amendment is approved by Council, the landscape architect will perform the necessary
calculations to ensure irrigation coverage and will provide irrigation and planting construction
documents. The construction documents will then be provided to the contractor so he can prepare a
cost estimate for the additional irrigation and planting.
PREPARED BY:
Attachment
13102042664 AHBE LANDSCAPE ARCH 056 PO1 APR 28'03 09:28
I
landscape architects
facsimile memorandum
8729
washington blvdl,
culver city
califomia 90232
www.ahbe.com
t — 310.838.0448
f — 310.204.2664
date 28 April 2003 page count 4
to Matt Blain from In Sun _M_
company Gonzalez Goodale telephone 310.838.0448 x 14
fax number 626.568.1428 _ project Diamond Bar CC
regarding Add Service area cc
Please notify us at 310.838.0448 if there is a problem with transmittal of this fax.
comments
Matt,
Please see the attached and verify with the city if the marked areas on the sheets are
the areas to include in the add service. The areas that were reviewed on site with Calvin
are the entry planting, areas along the main entry road, areas adjacent to the side road
and the extension of the southeast slope area. The two areas that were not looked at
when Calvin was there at the job site are the areas to the north of the site. Let us know if
any of the areas should be excluded from the add service. We recommend including all
areas so we can do them all under one add service contract. Please verify and let us
know.
Thank you,
Ling
F:\pri\2001\1010101correspondenoe\ll1 Omattfax042803.doc
13102042664 AHBE LANDSCAPE ARCH
056 P02 APR 28 '03 09:29
' 13102042664 AHBE LANDSCAPE ARCH
056 P03
f -R 28'03 09:29
13102042664 AHBE LANDSCAPE ARCH
056 PO4 APR 28 '03 09:29
Agenda # 0, 13 (a)
Meeting Date: June 17. 2003
CITY COUNCIL
_..%�..
TO: Honorable Mayor and Members of the City Council
VIA: Lunda C. Lowry, City Manager
TITLE: Allocate $182,719.00 From Unappropriated Proposition C Fund Balance,
Award Contract for the Traffic Signal Modification Project at Grand
Avenue/Shotgun Lane, Brea Canyon Road/Lycoming Street, and Golden
Springs Drive/Ballena Drive to Dynalectric in the Amount of $491,576.20,
and Authorize A Contingency Amount of $93,142.80 for Change Orders to
be Approved by the City Manager, for a Total Authorization Amount of
$584,719.00.
RECOMMENDATION:
It is recommended that the City Council:
1) Allocate $182,719.00 from unappropriated Proposition C fund balance and increase the
Capital Improvement Project Funds by this amount for the project.
2) Award the contract to Dynalectric.
FISCAL IMPACT:
The 2002-2003 Annual Budget Allocation for these traffic signal improvements is as follows:
*The $584,719 includes actual base bid amount of $491,576.20, alternate bid amount of
$63,142.80 for interconnect on Golden Springs Drive from Ballena Drive to Diamond Bar
Boulevard and contingency amount of $30,000.00 ($491,576.20 + $63,142.80 + $30,000 =
$584,719.00).
* Total Construction
Budgeted Amount For
Additional Allocation
Funds Needed
Construction
Requested
Grand
Avenue/Shotgun
$268,419.20
$180,000.00
$88,419.20
Lane
Brea Canyon
Road/Lycoming
$134,250.00
$111,000.00
$23,250.00
Street
Golden Springs
Drive/Ballena Drive
$182,049.80
$111,000.00
$71,049.80
TOTAL:
$584,719.00
$402,000.00
$182,719.00
*The $584,719 includes actual base bid amount of $491,576.20, alternate bid amount of
$63,142.80 for interconnect on Golden Springs Drive from Ballena Drive to Diamond Bar
Boulevard and contingency amount of $30,000.00 ($491,576.20 + $63,142.80 + $30,000 =
$584,719.00).
BACKGROUND/DISCUSSION:
As part of the Community/Senior Center project, to accommodate access to the center, and
enhance the traffic circulation, the following improvements are required:
1. Modify the traffic signal at Shotgun Lane
2. Modify the traffic signal at Summitridge Drive to extend the left turn pocket for
eastbound Grand Avenue traffic.
3. Remove the existing river rock hardscape median on Summitridge Drive to
accommodate left turn, right turn and through movements.
4. Modify the existing median on Grand Avenue between Shotgun Lane and
Summitridge Drive.
As part of Fiscal Year 2002/2003 CIP, the left -turn signals for the intersections of Brea
CanyonRoad/LycomingStreet and Golden Springs Drive/Ballena Drive have been included.
The contract documents of these projects were combined and advertised as one contract. On
May 20, 2003, the City Council approved the plans, specifications and authorized the City
Clerk to advertise the project for bids. On June 10, 2003, the City received the following five
bids:
Company
1) Dynalectric
2) Steiny and Company Inc.
3) Pete FK Sons Construction Inc.
4) Moore Electrical Contractors Inc.
5) Pouk & Steinle, Inc.
Base Bid Amount
$491,576.20
$502,492.50
$516,200.00
$523,000.00
$529,637.50
Dynalectric submitted the lowest responsive bid. Staff verified Dynalectric's state contractor
license, completed/current projects with other cities. They have satisfactorily completed many
similar projects for other Cities in southern California. The project schedule is tentatively set as
follows:
Award of Contract
Notice to Proceed
Completion of Construction
PREPARED BY:
Fred Alamolhoda, Senior Engineer
REVIEWED BY:
vid . Liu
Director of Public; Works
June 17, 2003
July 14, 2003
November 5, 2003
Date Prepared: June 10, 2003
James DeStefano
Deputy City Manager
2
Agenda # A, 13 (a)
Meeting Date: June 17, 2003
TO:
VIA:
Honorable Mayor and Members of the City Council
Liinda C. Lowry, City Manager,
TITLE: Allocate $182,719.00 From Unappropriated Proposition C Fund Balance,
Award Contract for the Traffic Signal Modification Project at Grand
Avenue/Shotgun Lane, Brea Canyon Road/Lycoming Street, and Golden
Springs Drive/Ballena Drive to Dynalectric in the Amount of $491,576.20,
and Authorize A Contingency Amount of $93,142.80 for Change Orders to
be Approved by the City Manager, for a Total Authorization Amount of
$584,719.00.
RECOMMENDATION:
It is recommended that the City Council:
1) Allocate $182,719.00 from unappropriated Proposition C fund balance and increase the
Capital Improvement Project Funds by this amount for the project.
2) Award the contract to Dynalectric.
FISCAL IMPACT:
The 2002-2003 Annual Budget Allocation for these traffic signal improvements is as follows:
* Total Construction Budgeted Amount For Additional Allocation
Funds Needed Construction Requested
Grand
Avenue/Shotgun $268,419.20 $180,000.00 $88,419.20
Lane
Brea Canyon
Road/Lycoming $134,250.00 $111,000.00 $23,250.00
Street
Golden Springs
Drive/Ballena Drive $182,049.80 $111,000.00 $71,049.80
TOTAL: $584,719.00 $402,000.00 $182,719.00
*The $584,719 includes actual base bid amount of $491,576.20, alternate bid amount of
$63,142.80 for interconnect on Golden Springs Drive from Ballena Drive to Diamond Bar
Boulevard and contingency amount of $30,000.00 ($491,576.20 + $63,142.80 + $30,000 =
$584,719.00).
BACKGROUND/DISCUSSION:
As part of the Community/Senior Center project, to accommodate access to the center, and
enhance the traffic circulation, the following improvements are required:
1. Modify the traffic signal at Shotgun Lane
2. Modify the traffic signal at Summitridge Drive to extend the left turn pocket for
eastbound Grand Avenue traffic.
3. Remove the existing river rock hardscape median on Summitridge Drive to
accommodate left turn, right turn and through movements.
4. Modify the existing median on Grand Avenue between Shotgun Lane and
Summitridge Drive.
As part of Fiscal Year 2002/2003 CIP, the left -turn signals for the intersections of Brea
Canyon Road/ LycomingStreet and Golden Springs Drive/Ballena Drive have been included.
The contract documents of these projects were combined and advertised as one contract. On
May 20, 2003, the City Council approved the plans, specifications and authorized the City
Clerk to advertise the project for bids. On June 10, 2003, the City received the following five
bids:
Company Base Bid Amount
1) Dynalectric $491,576.20
2) Steiny and Company Inc. $502,492.50
3) Pete FK Sons Construction Inc. $516,200.00
4) Moore Electrical Contractors Inc. $523,000.00
5) Pouk & Steinle, Inc. $529,637.50
Dynalectric submitted the lowest responsive bid. Staff verified Dynalectric's state contractor
license, completed/current projects with other cities. They have satisfactorily completed many
similar projects for other Cities in southern California. The project schedule is tentatively set as
follows:
Award of Contract June 17, 2003
Notice to Proceed July 14, 2003
Completion of Construction November 5, 2003
PREPARED BY:
Fred Alamolhoda, Senior Engineer
Date Prepared: June 10, 2003
REVIEWED BY:
6vid Liu James DeStefano
Director of Public Works Deputy City Manager
CITY COUNCIL
INc<RPoag/�
u
TO: Honorable Mayor and Members ofJhe City Council
VIA: Linda C. Lowry, City Manager tU
Agenda # 6.13 (b)
Meeting Date: June 17, 2003
AGENDA REPORT
TITLE: Approval of Contract Amendment with Warren C. Siecke for Construction
Administration and Inspection Services for the Traffic Signal Modifications
Project at Grand Avenue/Shotgun Lane, Brea Canyon Road/Lycoming, and
Golden Springs Drive/Ballena Drive in the Amount of $33,600 and Authorization of
$4,400 Contingency for Change Orders to be Approved by the City Manager, for a
Total Authorization Amount of $38,000.
RECOMMENDATION:
Approve a Contract Amendment.
FINANCIAL IMPACT:
In Fiscal Year 02/03 Budget, $440,000.00 of Proposition C funds were allocated for signal
modification at Grand Avenue/Shotgun Lane Brea Canyon Road/Lycoming Street and Golden
Springs Drive/Ballena Drive traffic signal. Staff is requesting to utilize $38,000 of the $440,000.00
budgeted to fund the construction management and the remaining $402,000 will be used for
construction.
BACKGROUND/DISCUSSION:
The left -turn signal improvements at Brea Canyon/Lycoming Street and Golden Springs Drive/Ballena
Drive were incorporated with Grand Avenue/Shotgun Lane signal modification bid package to solicit
more competitive bids.
Mr. Siecke has been providing traffic engineering services for the Community/Senior Center Project
and the contract included construction management for the signal modifications at Grand
Avenue/Shotgun Lane. Upon combining the Grand Avenue/Shotgun Lane improvements with the
other two traffic signal improvements, additional construction management services are needed. In
response to staff's request, Mr. Siecke submitted the attached proposal to provide construction
administration/inspection services at Brea Canyon Road/Lycoming Street and Golden Springs
Drive/Ballena Drive.
PREPARED BY:
Fred Alamolhoda, Senior Engineer
REVIEWED BY:,..
David G. Liu, Director of Public Works
Attachment: Warren Siecke's Proposal
Date Prepared: June 9, 2003
James DeStefano, Deputy City Manager
'WQhhEVt C. sieCkf
TRANSPORTATION AND TRAFFIC ENGINEERING
May 23, 2003
„ua•'3
Mr. David Liu, P. E.
Director of Public Works
City of Diamond Bar
21825 East Copley Drive ,
Diamond Bar, CA 91765-4177
SUBJECT: Traffic Signal Construction Observation
Brea Canyon Road and Lycoming Street
Golden Springs Drive and Ballena Drive
I am pleased to submit this proposal to provide construction observation services and preparation
of as -built plans for traffic signal work at the subject intersections.
Mr. John Huie will be assigned as the observer. Mr. Huie is thoroughly familiar with traffic
signal construction based on his twenty-five years experience in the field. He has gained
knowledge of city procedures and preferences through his inspection of the last several signal
installations in the City.
Our fee will be computed on a time and material basis using the category two rates in our current
traffic engineering services agreement. The estimated fee breakdown is shown in the following
table. We will not exceed the total without your prior approval. However, we reserve the right
to request additional compensation if the contractor proves to be extremely difficult to manage.
ITEM ITEM
TOTAL
COST
1 Construction Observation
$22,000.00
2 Prepare As-Builts
$ 1,600.00
Total
$33,600.00
If you need additional information, please call me.
Sincerely,
Warren C. Siecke, P. E.
BAbaAcmprop gs-ballena brea cyn-lyconring
20142 CANYON DR., YORBA LINDA. CA 92886-6058 • 714/970-6247 • FAX 714/779-1644
Agenda # 6.13(b)
Meeting Date: June 17, 2003
CITY COUNCIL AGENDA REPORT
Yr )RP
TO:
VIA:
Honorable Mayor and Members ojhe City Council
Linda C. Lowry, City Manager,
TITLE: Approval of Contract Amendment with Warren C. Siecke for Construction
Administration and Inspection Services for the Traffic Signal Modifications
Project at Grand Avenue/Shotgun Lane, Brea Canyon Road/Lycoming, and
Golden Springs Drive/Ballena Drive in the Amount of $33,600 and Authorization of
$4,400 Contingency for Change Orders to be Approved by the City Manager, for a
Total Authorization Amount of $38,000.
RECOMMENDATION:
Approve a Contract Amendment.
FINANCIAL IMPACT:
In Fiscal Year 02/03 Budget, $440,000.00 of Proposition C funds were allocated for signal
modification at Grand Avenue/Shotgun Lane Brea Canyon Road/Lycoming Street and Golden
Springs Drive/Ballena Drive traffic signal. Staff is requesting to utilize $38,000 of the $440,000.00
budgeted to fund the construction management and the remaining $402,000 will be used for
construction.
BACKGROUND/DISCUSSION:
The left -turn signal improvements at Brea Canyon/Lycoming Street and Golden Springs Drive/Ballena
Drive were incorporated with Grand Avenue/Shotgun Lane signal modification bid package to solicit
more competitive bids.
Mr. Siecke has been providing traffic engineering services for the Community/Senior Center Project
and the contract included construction management for the signal modifications at Grand
Avenue/Shotgun Lane. Upon combining the Grand Avenue/Shotgun Lane improvements with the
other two traffic signal improvements, additional construction management services are needed. In
response to staff's request, Mr. Siecke submitted the attached proposal to provide construction
administration/inspection services at Brea Canyon Road/Lycoming Street and Golden Springs
Drive/Ballena Drive.
PREPARED BY:
Fred Alamolhoda, Senior Engineer
REVIEWED BY:
-_L
David G. Liu, Director of Public Works
Date Prepared: June 9, 2003
James DeStefano, Deputy City Manager
Attachment: Warren Siecke's Proposal
TRANSPORTATION AND TRAFFIC ENGINEERING
May 23, 2003
Mr. David Liu, P. E.
Director of Public Works
City of Diamond Bar
21825 East Copley Drive
Diamond Bar, CA 91765-4177
SUBJECT: Traffic Signal Construction Observation
Brea Canyon Road and Lycoming Street
Golden Springs Drive and Ballena Drive
.—t—
I am pleased to submit this proposal to provide construction observation services and preparation
of as -built plans for traffic signal work at the subject intersections.
Mr. John Huie will be assigned as the observer. Mr. Huie is thoroughly familiar with traffic
signal construction based on his twenty-five years experience in the field. He has gained
knowledge of city procedures and preferences through his inspection of the last several signal
installations in the City.
Our fee will be computed on a time and material basis using the category two rates in our current
traffic engineering services agreement. The estimated fee breakdown is shown in the following
table. VVe will not exceed the total without your prior approval. However, we reserve the right
to request additional compensation if the contractor proves to be extremely difficult to manage.
ITEM ITEM TOTAL
COST
1 Construction Observation $22,000.00
2 Pre aze As-Builts $ 1,600.00
Total $33,600.00
If you need additional information, please call me.
Sincerely,
Warren C. Siecke, P. E.
B:dbar\cmprop gs-ballena brea cyn-lycoming
20142 CANYON DR., YORBA LINDA. CA 92886-6058 714/970-6247 FAX 714/779-1644
CITY COUNCIL
gq %.
TO: Honorable Mayor and Memberso e City Council
VIA: Linda C. Lowry, City Manage" J
Agenda # ti _ 14
Meeting Date: 6-17-03
AGENDA REPORT
TITLE: Extension of City -Wide Landscape Maintenance Contract with TruGreen LandCare for the 2003/04 FY in
the amount of $196,118.59 which includes a 3% C.P.I. increase; authorization of $50,000 to serve as a
contingency for additional work that may be assigned by City staff to TruGreen LandCare during the fiscal
year; and establishment of a 90 -day probationary period that TruGreen LandCare must pass to continue
this contract beyond September 30, 2003.
RECOMMENDATION: It is recommended that the City Council approve the extension of the contract.
FINANCIAL IMPACT: Funds for these services are included in the proposed 2003/04 FY budget.
Parks:
$70,550.76
District #38:
$48,727.82
District #39:
$50,792.55
District #41:
$26,047.46
TOTAL:
$196,118.59
BACKGROUND: On June 16, 1998, the City Council awarded a contract to TruGreen LandCare and Maintenance
(previously Accurate Landscape & Maintenance) in the amount of $233,364.00 for City Wide Landscape maintenance
services. Section 11 of the contract allows the City Council to extend the contract on an annual basis if an extension is
deemed to be in the best interest of the City. For the past several months, staff was concerned about the reduction in
quality of work performed by TruGreen LandCare. During this time, landscape maintenance contracts for Peterson and
Pantera Parks and new parkway areas in District #38 were awarded to other companies. Then in May, TruGreen LandCare
brought a new management team to Diamond Bar, and things have improved substantially. Staff is now prepared to
recommend that the contract be extended for an additional year, from July 1, 2003 through June 30, 2004, but with one
caveat: a 90 -day (probationary period be established for the period of July 1, 2003 through September 30, 2003 to protect
the City in case TruGreen LandCare reverts to its old ways. During the probationary period, the contract can be terminated
without notice if contract specifications are not maintained. After the probationary period, a 30 -day notice of termination will
be required.
DISCUSSION: TruGreen LandCare provides landscape maintenance service to: Landscape Maintenance Districts No. 38,
No. 39 and "1 and City Parks, except Peterson and Pantera Parks and portions of District #38.
096,11, Uw James DeStefano
unity Services Director Deputy City Manager
AMENDMENT #1 TO CONTRACT AGREEMENT
THIS CONTRACT AMENDMENT is made this 17th day of June, 2003 by and between the CITY OF DIAMOND BAR, a
municipal corporation of the State of California ("CITY") and TRUGREEN LANDCARE, ("CONTRACTOR")
Recitals:
a. CONTRACTOR entered into a 12 month AGREEMENT with CITY effective July 1, 1998 ("the
AGREEMENT') for City -Wide Landscape Maintenance Service.
b. Term of the AGREEMENT was extended by City Council during the period of July 1, 1998 through
June 30, 2000.
C. TruGreen LandCare acquired Accurate Landscape Maintenance and along with the City -Wide
Landscape Maintenance Contract on July 1, 2000. Term of Agreement extended by City Council on July 1,
2000 through June 30, 2003. Parties desire to amend the CONTRACT AGREEMENT to extend the term
for an additional 12 months. Subject to a three month probationary period during which the AGREEMENT
may be terminated effective immediately upon receipt of written notice of termination.
Now, therefore, the parties agree to amend the AGREEMENT as follows:
Section 'I — Term of the AGREEMENT provided in Section 2 is revised to extend the CONTRACT AGREEMENT
from July 1, 2003 through June 30, 2004.
Section,'? — Contract Amendment for extension shall not exceed $196,118.59 which includes a 3% C.P.I. increase.
Section <3 — Section 13 of the Agreement is revised to add, "During the probationary period of July 1, 2003 through
September 30, 2003, the contract may be immediately terminated without notice if compliance with contract
specifications is not maintained."
Except as provided above, the AGREEMENT is in all other respects in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #1 TO CONTRACT AGREEMENT on the
date and year first written above.
ATTEST:
CITY OF DIAMOND BAR
A Municipal Corporation
Of the State of California
Signed
Carol Herrera
Title: Mayor
APPROVED TO FORM
City Attorney
TRUGREENLANDCARE
Contractor
Signed
Title
Linda C. Lowry, City Clerk
Agenda# ti -14
Meeting Date: 6-17-03
TO:
VIA:
Honorable Mayor and Members o the City Council
Linda C. Lowry, City Manage
TITLE: Extension of City -Wide Landscape Maintenance Contract with TruGreen LandCare for the 2003/04 FY in
the amount of $196,118.59 which includes a 3% C.P.I. increase; authorization of $50,000 to serve as a
contingency for additional work that may be assigned by City staff to TruGreen LandCare during the fiscal
year; and establishment of a 90 -day probationary period that TruGreen LandCare must pass to continue
this contract beyond September 30, 2003.
RECOMMENDATION: It is recommended that the City Council approve the extension of the contract.
FINANCIAL IMPACT: Funds for these services are included in the proposed 2003/04 FY budget.
Parks: $70,550.76
District #38: $48,727.82
District #39: $50,792.55
District #41: $26,047.46
TOTAL: $196,118.59
BACKGROUND: On June 16, 1998, the City Council awarded a contract to TruGreen LandCare and Maintenance
(previously Accurate Landscape & Maintenance) in the amount of $233,364.00 for City Wide Landscape maintenance
services. Section 11 of the contract allows the City Council to extend the contract on an annual basis if an extension is
deemed to be in the best interest of the City. For the past several months, staff was concerned about the reduction in
quality of work performed by TruGreen LandCare. During this time, landscape maintenance contracts for Peterson and
Pantera Parks and new parkway areas in District #38 were awarded to other companies. Then in May, TruGreen LandCare
brought a new management team to Diamond Bar, and things have improved substantially. Staff is now prepared to
recommend that the contract be extended for an additional year, from July 1, 2003 through June 30, 2004, but with one
caveat: a 90 -day probationary period be established for the period of July 1, 2003 through September 30, 2003 to protect
the City in case TruGreen LandCare reverts to its old ways. During the probationary period, the contract can be terminated
without notice if contract specifications are not maintained. After the probationary period, a 30 -day notice of termination will
be required.
DISCUSSION: TruGreen LandCare provides landscape maintenance service to: Landscape Maintenance Districts No. 38,
No. 39 and 1J4f1 and City Parks, except Peterson and Pantera Parks and portions of District #38.
James DeStefano
Comr(funity Services Director Deputy City Manager
AMENDMENT #1 TO CONTRACT AGREEMENT
THIS CONTRACT AMENDMENT is made this 17th day of June, 2003 by and between the CITY OF DIAMOND BAR, a
municipal corporation of the State of California ("CITY") and TRUGREEN LANDCARE, ("CONTRACTOR")
Recitals:
a. CONTRACTOR entered into a 12 month AGREEMENT with CITY effective July 1, 1998 ("the
AGREEMENT") for City -Wide Landscape Maintenance Service.
b. Term of the AGREEMENT was extended by City Council during the period of July 1, 1998 through
June 30, 2000.
c. TruGreen LandCare acquired Accurate Landscape Maintenance and along with the City -Wide
Landscape Maintenance Contract on July 1, 2000. Term of Agreement extended by City Council on July 1,
2000 through June 30, 2003. Parties desire to amend the CONTRACT AGREEMENT to extend the term
for an additional 12 months. Subject to a three month probationary period during which the AGREEMENT
may be terminated effective immediately upon receipt of written notice of termination.
Now, therefore, the parties agree to amend the AGREEMENT as follows:
Section '1 - Term of the AGREEMENT provided in Section 2 is revised to extend the CONTRACT AGREEMENT
from July 1, 2003 through June 30, 2004.
Section 2 - Contract Amendment for extension shall not exceed $196,118.59 which includes a 3% C.P.I. increase.
Section 3 - Section 13 of the Agreement is revised to add, "During the probationary period of July 1, 2003 through
September 30, 2003, the contract may be immediately terminated without notice if compliance with contract
specifications is not maintained."
Except as provided above, the AGREEMENT is in all other respects in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #1 TO CONTRACT AGREEMENT on the
date and year first written above.
ATTEST:
CITY OF DIAMOND BAR TRUGREEN LANDCARE
A Municipal Corporation Contractor
Of the State of California
Signed Signed
Carol Herrera
Title: Mayor Title
APPROVED TO FORM
City Attorney Linda C. Lowry, City Clerk
Agenda # 6.15 (a)
Meeting Date: June 17, 2003
CITY COUNCILAGENDA REPORT
1�(.Z)RPou; -
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manag
TITLE: Allocate $39,617.40 from Unappropriated General Fund Balance and
Increase the Capital Improvement Project Budget by this Amount, Award
the Contract for the Slurry Seal Area 5 Project to American Asphalt South,
Inc. in the Amount of $402,861.40, and Authorize a Contingency Amount of
$35,170.00 for Project Change Orders to be Approved by the City Manager
for a Total Authorization Amount of $438,031.40.
RECOMMENDATION:
Approve allocation and award the contract.
FISCAL IMPACT:
The FY2002-2003 Budget Amendment allocated $450,000.00 for the project. The lowest
responsive bid received was 24% lower than the Engineer's Estimate. The following are the
budget costs and requested allocation for completion of the project:
*The Contingency amount of $35,170.00 includes the alternate bid item in the amount of
$14,170.00 for the application of slurry seal on Grand Avenue in front of the Community/Senior
Center and a contingency amount of $21,000.00.
Upon Council's allocation approval, the total project budget will be $489,617.40.
BACKGROUND/DISCUSSION:
The Slurry Seal Area 5 Project is the fifth year of the Five -Year Pavement Management
Program. To address the pavement needs and maintain a consistent standard, the slurry seal
project will be constructed concurrently with the Area 5 Asphalt Rubber and Aggregate
Membrane (ARAM) Overlay Project. On June 10, 2003, six (6) bids were received, and the
Total Funds
Needed
Budget Amount
Requested
Allocation
Bid Proposal
$402,861.40
9% Contingency*
$35,170.00
Design/Construction
Administration Encumbered
$51,586.00
TOTAL
$489,617.401
$450,000.00
$39,617.40
*The Contingency amount of $35,170.00 includes the alternate bid item in the amount of
$14,170.00 for the application of slurry seal on Grand Avenue in front of the Community/Senior
Center and a contingency amount of $21,000.00.
Upon Council's allocation approval, the total project budget will be $489,617.40.
BACKGROUND/DISCUSSION:
The Slurry Seal Area 5 Project is the fifth year of the Five -Year Pavement Management
Program. To address the pavement needs and maintain a consistent standard, the slurry seal
project will be constructed concurrently with the Area 5 Asphalt Rubber and Aggregate
Membrane (ARAM) Overlay Project. On June 10, 2003, six (6) bids were received, and the
lowest responsible bidder was American Asphalt South, Inc. The bids received were as
follows:
Company Bid Amount
1. American Asphalt South, Inc. $402,861.40
2. Doug Martin Contracting Co. $424,869.33
3. Pavement Coatings Co. $448,261.21
4. Sudhakar Company, International $485,717.30
5. California Pavement Maintenance Co., Inc. $492,489.66
6. Roy Allan Slurry Seal $526,213.38
Staff has verlified the contractor state license and found it to be valid. References were
checked for similar work completed. The project schedule is tentatively set as follows:
Award of Contract
Start of Construction
Completion of Construction
PREPARED BY:
John L. Ilasin, Assistant Engineer
REVIEWED BY:
D vid Liu
Director of Public Works
June 17, 2003
July 7, 2003
September 8, 2003
Date Prepared: June 11, 2003
James DeStefano
Deputy City Manager
-2-
Agenda # 6.15(a)
Meeting Date: June 17, 2003
TO:
Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manag
TITLE: Allocate $39,617.40 from Unappropriated General Fund Balance and
Increase the Capital Improvement Project Budget by this Amount, Award
the Contract for the Slurry Seal Area 5 Project to American Asphalt South,
Inc. in the Amount of $402,861.40, and Authorize a Contingency Amount of
$35,170.00 for Project Change Orders to be Approved by the City Manager
for a Total Authorization Amount of $438,031.40.
RECOMMENDATION:
Approve allocation and award the contract.
FISCAL IMPACT:
The FY2002-2003 Budget Amendment allocated $450,000.00 for the project. The lowest
responsive bid received was 24% lower than the Engineer's Estimate. The following are the
budget costs and requested allocation for completion of the project:
Total Funds
Budget Amount Requested
Needed Allocation
Bid Proposal $402,861.40
9% Contingency* $35,170.00
Design/Construction
$51,586.00
Administration (Encumbered)
TOTAL $489,617.40 $450,000.00 $39,617.40
*The Contingency amount of $35,170.00 includes the alternate bid item in the amount of
$14,170.00 for the application of slurry seal on Grand Avenue in front of the Community/Senior
Center and a contingency amount of $21,000.00.
Upon Council's allocation approval, the total project budget will be $489,617.40.
BACKGROUND/DISCUSSION:
The Slurry Seal Area 5 Project is the fifth year of the Five -Year Pavement Management
Program. To address the pavement needs and maintain a consistent standard, the slurry seal
project will be constructed concurrently with the Area 5 Asphalt Rubber and Aggregate
Membrane (ARAM) Overlay Project. On June 10, 2003, six (6) bids were received, and the
lowest responsible bidder was American Asphalt South, Inc. The bids received were as
follows:
Company Bid Amount
1. American Asphalt South, Inc. $402,861.40
2. Doug Martin Contracting Co. $424,869.33
3. Pavement Coatings Co. $448,261.21
4. Sudhakar Company, International $485,717.30
5. California Pavement Maintenance Co., Inc. $492,489.66
6. Roy Allan Slurry Seal $526,213.38
Staff has verified the contractor state license and found it to be valid. References were
checked for similar work completed. The project schedule is tentatively set as follows:
Award of Contract June 17, 2003
Start of Construction July 7, 2003
Completion of Construction September 8, 2003
PREPARED BY:
John L. Ilasin, Assistant Engineer Date Prepared: June 11, 2003
REVIEWED BY:
2
David G. Liu James DeStefano
Director of Public Works
Deputy City Manager
2
Agenda # 6 _ I r; (b)
Meeting Date: June 17. 2003
CITY COUNCIL �� AGENDA REPORT
����ORPORV'YLO
�.i
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Managv�
U
TITLE: Allocate $356,906.47 from Unappropriated General Fund Balance and
Increase the Capital Improvement Project Budget by this Amount, Approve
Plans and Specifications, Award the Contract for the Area 5 Asphalt
Rubber and Aggregate Membrane (ARAM) Overlay Project to Manhole
Adjustment, Inc. in the Amount of $339,910.92, and Authorize a
Contingency Amount of $16,995.55 for Project Change Orders to be
Approved by the City Manager for a Total Authorization Amount of
$356,906.47.
RECOMMENDATION:
Approve allocation, plans and specifications, and award the contract.
FISCAL IMPACT:
The FY2002-2003 Budget has no funding allocation for the project. To complete the Five -Year
Slurry Seal Cycle with a consistent standard, an amount of $356,906.47 is required. The
lowest responsive bid received was 6% lower than the Engineer's Estimate.
BACKGROUND/DISCUSSION:
To address the pavement needs and maintain a consistent standard, the ARAM overlay
project will be constructed concurrently with the slurry seal project. On June 10, 2003, one bid
was received from Manhole Adjusting, Inc. in the amount of $339,910.92. Staff has verified the
contractor state license and found it to be valid. Although one bid proposal was received, the
contractor has satisfactorily completed three (3) slurry seal/ARAM projects for the City. The
project schedule is tentatively set as follows:
Award of Contract
Start of Construction
Completion of Construction
PREPARED BY:
John L. Ilasin, ,Assistant Engineer
REVIEWED-Wi(:
DZWZ;76u
Director of Public Works
June 17, 2003
July 7, 2003
August 15, 2003
Date Prepared: June 11, 2003
James DeStefano
Deputy City Manager
Agenda # 6-19(b)
Meeting Date: June 17, 2003
TO:
VIA:
Honorable Mayor and Members of the City Council
Linda C. Lowry, City Manag
TITLE: Allocate $356,906.47 from Unappropriated General Fund Balance and
Increase the Capital Improvement Project Budget by this Amount, Approve
Plans and Specifications, Award the Contract for the Area 5 Asphalt
Rubber and Aggregate Membrane (ARAM) Overlay Project to Manhole
Adjustment, Inc. in the Amount of $339,910.92, and Authorize a
Contingency Amount of $16,995.55 for Project Change Orders to be
Approved by the City Manager for a Total Authorization Amount of
$356,906.47.
RECOMMENDATION:
Approve allocation, plans and specifications, and award the contract.
FISCAL IMPACT:
The FY2002-2003 Budget has no funding allocation for the project. To complete the Five-Year
Slurry Seal Cycle with a consistent standard, an amount of $356,906.47 is required. The
lowest responsive bid received was 6% lower than the Engineer's Estimate.
BACKGROUND/DISCUSSION:
To address the pavement needs and maintain a consistent standard, the ARAM overlay
project will be constructed concurrently with the slurry seal project. On June 10, 2003, one bid
was received from Manhole Adjusting, Inc. in the amount of $339,910.92. Staff has verified the
contractor state license and found it to be valid. Although one bid proposal was received, the
contractor has satisfactorily completed three (3) slurry seal/ARAM projects for the City. The
project schedule is tentatively set as follows:
Award of Contract June 17, 2003
Start of Construction July 7, 2003
Completion of Construction August 15, 2003
PREPARED BY:
John L. Ilasin, Assistant Engineer Date Prepared: June 11, 2003
D&d"GyLiu James DeStefano
Director of Public Works Deputy City Manager
CITY COUNCIL
Agenda # 6 . 16 (a)
Meeting Date: June 17, 2003
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
n
VIA: Linda C. Lowry, City Manager,"It"
TITLE: Award of Contract for the Traffic Signal Improvements Project on
Pathfinder Road at Brea Canyon Road/Fern Hollow Drive, Diamond Bar
High School Westerly Entrance, and Evergreen Springs Drive to
Dynalectric in the Amount of $285,484.00 and Authorize a Contingency
Amount of $114,018.00 for Change Orders to be Approved by the City
Manager for a Total Authorization Amount of $399,502.00.
RECOMMENDATION:
Award the contract to Dynalectric.
FINANCIAL IMPACT:
The 02/03 Mid --Year Budget Amendment allocated a total of $477,988 of Proposition C funds
for the improvements. The lowest bid received is 18% lower than engineer's estimate. The
following is the cost breakdown for the improvements:
Pathfinder at:
Construction Funds Needed
Brea Canyon Road/Fern Hollow Drive- Left
$138,043.00
Turn Phasing
Diamond Bar High School (Westerly
$80,387.00
Entrance
Evergreen Springs Drive- Americans With
Disabilities Act (ADA) Compliance and
Interconnecting
$67,054.00
Subtotal
$285,484.00
Evergreen Springs Drive- Left Turn Phasing
Alternate Item
$100,018.00
5% Contingency
$14,000.00
Total
*$399,502.00
" The $421,502.00 includes actual base bid amount of $285,484.00, alternate bid amount of
$100,018.00 for Evergreen Springs Drive left turn phasing and contingency amount of
$14,000.00 ($285,484.00 + $100,018.00 + $14,000.00 = $399,502.00).
BACKGROUND/DISCUSSION:
On May 20, 2003, the City Council approved the plans and specifications and authorized the
City Clerk to ;advertise for bids. The goals of the project are to reduce congestion, improve
traffic safety and circulation of pedestrians/vehicles in the area surrounding the high school.
While the left burn phasing of Pathfinder Road/Evergreen Springs Drive has been incorporated
into the project as an alternate bid item, the necessity for construction at this time requires
further understanding of the overall circulation pattern. Based on the previous warrant study,
this intersection was warranted for left turn phasing due to delays experienced by the
eastbound left turn motorists on Pathfinder Road. Upon further discussion with our traffic
engineer, this will improve the safety and operational characteristics of this intersection. For
example, a significant amount of left -turn movements will be protected during the left -turn
arrow phase.
Staff believes that the cost of $100,018.00 is a competitive bid for the required improvements
at Pathfinder Road and Evergreen Springs Drive, and recommends the improvements to be
constructed as; part of this project.
On June 11, 2003, the City received the following six bids:
Company
1) Dynalectric
2) Pete & Sons Construction Inc.
3) Pouk & Steinle
4) Moore Electrical Contracting Inc.
5) Steiny and Company Inc.
6) C.T. & F., Inc.
Base Bid Amount
$285,484.00
$286,100.00
$293,797.00
$307,900.00
$328,997.50
$348,037.00
Dynalectric submitted the lowest responsive bid in the amount of $285,484.00. Staff verified
their state contractor license and completed/current projects with other Cities. Dynalectric has
satisfactorily completed many similar projects for other Cities. In working with the Walnut
Valley Unified School District and Diamond Bar High School, it is our collective goal to
complete the installation of these traffic signals by September/October 2003.
The project schedule is tentatively set as follows:
Award of Contract June 17, 2003
Notice to Proceed June 30, 2003
Completion of Construction September 30, 2003
PREPARED BY:
Fred Alamolhoda, Senior Engineer
REVIE
'ffavi6
Director of Public Works
Date Prepared: June 11, 2003
James DeStefano
Deputy City Manager
Agenda # 6.16(a)
Meeting Date: June 17, 2003
TO:
Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager"7,"
TITLE: Award of Contract for the Traffic Signal Improvements Project on
Pathfinder Road at Brea Canyon Road/Fern Hollow Drive, Diamond Bar
High School Westerly Entrance, and Evergreen Springs Drive to
Dynalectric in the Amount of $285,484.00 and Authorize a Contingency
Amount of $114,018.00 for Change Orders to be Approved by the City
Manager for a Total Authorization Amount of $399,502.00.
RECOMMENDATION:
Award the contract to Dynalectric.
FINANCIAL IMPACT:
The 02/03 Mid -Year Budget Amendment allocated a total of $477,988 of Proposition C funds
for the improvements. The lowest bid received is 18% lower than engineer's estimate. The
following is the cost breakdown for the improvements:
Pathfinder at: Construction Funds Needed
Brea Canyon Road/Fern Hollow Drive- Left $138,043.00
Turn Phasing
Diamond Bar High School (Westerly $80,387.00
Entrance)
Evergreen Springs Drive- Americans With
Disabilities Act (ADA) Compliance and
Interconnecting $67,054.00
Subtotal $285,484.00
Evergreen Springs Drive- Left Turn Phasing
Alternate Item $100,018.00
5% Contingency $14,000.00
Total *$399,502.00
* The $421,502.00 includes actual base bid amount of $285,484.00, alternate bid amount of
$100,018.00 for Evergreen Springs Drive left turn phasing and contingency amount of
$14,000.00($285,484.00 + $100,018.00 + $14,000.00 = $399,502.00).
1
BACKGROUND/DISCUSSION:
On May 20, 2003, the City Council approved the plans and specifications and authorized the
City Clerk to advertise for bids. The goals of the project are to reduce congestion, improve
traffic safety and circulation of pedestrians/vehicles in the area surrounding the high school.
While the left turn phasing of Pathfinder Road/Evergreen Springs Drive has been incorporated
into the project as an alternate bid item, the necessity for construction at this time requires
further understanding of the overall circulation pattern. Based on the previous warrant study,
this intersection was warranted for left turn phasing due to delays experienced by the
eastbound left turn motorists on Pathfinder Road. Upon further discussion with our traffic
engineer, this will improve the safety and operational characteristics of this intersection. For
example, a significant amount of left -turn movements will be protected during the left -turn
arrow phase.
Staff believes that the cost of $100,018.00 is a competitive bid for the required improvements
at Pathfinder Road and Evergreen Springs Drive, and recommends the improvements to be
constructed as part of this project.
On June 11, 2003, the City received the following six bids:
Company Base Bid Amount
1) Dynalectric $285,484.00
2) Pete & Sons Construction Inc. $286,100.00
3) Pouk & Steinle $293,797.00
4) Moore Electrical Contracting Inc. $307,900.00
5) Steiny and Company Inc. $328,997.50
6) C.T. & F., Inc. $348,037.00
Dynalectric submitted the lowest responsive bid in the amount of $285,484.00. Staff verified
their state contractor license and completed/current projects with other Cities. Dynalectric has
satisfactorily completed many similar projects for other Cities. In working with the Walnut
Valley Unified School District and Diamond Bar High School, it is our collective goal to
complete the installation of these traffic signals by September/October 2003.
The project schedule is tentatively set as follows:
Award of Contract June 17, 2003
Notice to Proceed June 30, 2003
Completion of Construction September 30, 2003
PREPARED BY:
Fred Alamolhoda, Senior Engineer
avid. Liu
Director of Public Works
Date Prepared: June 11, 2003
James DeStefano
Deputy City Manager
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager AUA)s
Agenda # 6.16 (b)
Meeting Date: June 17, 2003
AGENDA REPORT
TITLE: Approval of Contract Amendment with Warren C. Siecke for Construction
Administration and Inspection Services for the Traffic Signal Improvements
project on Pathfinder Road at Brea Canyon Road/Fern Hollow Drive, Diamond Bar
High School Westerly Entrance, and Evergreen Springs Drive in the Amount of
$33,000.00 and Authorization of $4,000.00 Contingency for Change Orders to be
Approved by the City Manager, for a Total Authorization Amount of $37,000.00.
RECOMMENDATION:
Approve Contract Amendment.
FINANCIAL IMPACT:
In Fiscal Year 02/03 Mid -Year Budget Amendment/May Revision, $477,988.00 of Proposition C funds
were allocated) for these traffic signal improvement projects.
BACKGROUND/DISCUSSION:
Pathfinder Road at Brea Canyon Road/Fern Hollow Drive, and at Evergreen Springs Drive were
previously analyzed and met the requirements for left -turn signal phasing. In April, 2003, the project
was expanded to include a new traffic signal at the Diamond Bar High School westerly entrance. On
May 20, 2003, the City Council approved the plans and specifications and authorized the City Clerk to
advertise these projects for bids. In response to staff's request, City's primary on-call traffic
engineering consultant, Warren Siecke submitted a proposal to provide construction
administration/inspection for these three projects.
PREPARED BY:
Fred Alamolhoda, Senior Engineer
REVIEWED:
Davi G. AK Director of Public Works
Date Prepared: June 9, 2003
James DeStefano, Deputy City Manager
Attachment: Warren Siecke's Proposal, dated May 23, 2003
TRANSPORTATION AND TRAFFIC ENGINEERING
Mr. David Liu, P. E.
Director of Public Works
City of Diamond Bar
21825 East Copley Drive
Diamond Bar, CA 91765-4177
SUBJECT: Traffic Signal Construction Observation
Pathfinder Road and Fernhollow Drive/Brea Canyon Road
Pathfinder Road and Evergreen Springs Drive
Pathfinder Road and High School Driveway
I am pleased to submit this proposal to provide construction observation services for traffic
signal work at the subject intersections.
Mr. John Huie will be assigned as the observer. Mr. Huie is thoroughly familiar with traffic
signal construction based on his twenty-five years experience in the field. He has gained
knowledge of city procedures and preferences through his inspection of the last several signal
installations in the City.
Our fee will be computed on a time and material basis using the category two rates in our current
traffic engineering services agreement. The estimated fee is $33,000. We will not exceed the
total without your prior approval. However, we reserve the right to request additional
compensation if the contractor proves to be extremely difficult to manage.
If you need additional information, please call me.
Sincerely,
Warren C. Siecke, P. E.
BAbaAernpirop pathfinder evergreen rev
20142 CANYON DR., YORBA LINDA, CA 92886-6058 9 714/970-6247 • FAX 714/779-1644
Agenda # 6.16(b)
Meeting Date: June 17, 2003
TO:
VIA:
Honorable Mayor and Members of the City Council
Linda C. Lowry, City Manager
TITLE: Approval of Contract Amendment with Warren C. Siecke for Construction
Administration and Inspection Services for the Traffic Signal Improvements
project on Pathfinder Road at Brea Canyon Road/Fern Hollow Drive, Diamond Bar
High School Westerly Entrance, and Evergreen Springs Drive in the Amount of
$33,000.00 and Authorization of $4,000.00 Contingency for Change Orders to be
Approved by the City Manager, for a Total Authorization Amount of $37,000.00.
RECOMMENDATION:
Approve Contract Amendment.
FINANCIAL IMPACT:
In Fiscal Year 02/03 Mid -Year Budget Amendment/May Revision, $477,988.00 of Proposition C funds
were allocated) for these traffic signal improvement projects.
BACKGROUND/DISCUSSION:
Pathfinder Road at Brea Canyon Road/Fern Hollow Drive, and at Evergreen Springs Drive were
previously analyzed and met the requirements for left -turn signal phasing. In April, 2003, the project
was expanded to include a new traffic signal at the Diamond Bar High School westerly entrance. On
May 20, 2003, the City Council approved the plans and specifications and authorized the City Clerk to
advertise these projects for bids. In response to staffs request, City's primary on-call traffic
engineering consultant, Warren Siecke submitted a proposal to provide construction
administration,/inspection for these three projects.
PREPARED BY:
Fred Alamolhoda, Senior Engineer
DaviaG.—iG. Director of Public Works
Date Prepared: June 9, 2003
James DeStefano, Deputy City Manager
Attachment: \Narren Siecke's Proposal, dated May 23, 2003
--Wwell C. —qfeok)c
TRANSPORTATION AND TRA --i— tNGINE—RING
May 23, 2003
Mr. David Liu, P. E.
Director of Public Works
City of Diamond Baz
21825 E--st Copley Drive
Diamond Baz, CA 91765-4177
SUBJECT: Traffic Signal Construction Observation
Pathfinder Road and Fernhollow DriveBrea Canyon Road
Pathfinder Road and Evergreen Springs Drive
Pathfinder Road and High School Driveway
__ f
Z_
C,
t
—r
I am pleased to submit this proposal to provide construction observation services for traffic
signal work at the subject intersections.
Mr. John Huie will be assigned as the observer. Mr. Huie is thoroughly familiaz with traffic
signal construction based on his twenty-five years experience in the field. He has gained
knowledge of city procedures and preferences through his inspection of the last several signal
installations in the City.
Our fee will be computed on a time and material basis using the category two rates in our current
traffic engineering services agreement. The estimated fee is $33,000. We will not exceed the
total without your prior approval. However, we reserve the right to request additional
compensation if the contractor proves to be extremely difficult to manage.
If you need additional information, please call me.
Sincerely,
Warren C. Siecke, P. E.
B:dbar\cmp—rop pathfinder evergeen rev
20142 CANYON DR., YORBA LINDA, CA 92886-6058 714/970-6247 FAX 714/779-1644
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manage
TITLE: RESOLUTION NO. 2003 -XX RESOLUTION
ASSESSMENT ON CITY OF DIAMOND BAR
ASSESSMENT DISTRICT NO. 38 FOR THE FISCAL
RECOMMENDATION:
Approve Resolution.
FINANCIAL SUMMARY:
Agenda # 7.1.1
Meeting Date: June 17, 2003
AGENDA REPORT
LEVYING AN
LANDSCAPING
YEAR 2003-04.
The requested District 38 levy rate of $15.00 per parcel will generate approximately
$265,440 in assessment revenue. The assessment rate remains the same as the rate
applied at the date of Diamond Bar's incorporation. The assessment revenues shall be
deposited in Special Revenue Landscape Fund 138 and shall apply toward the 2003-04
operation, maintenance, capital budget, and a small reserve for future capital improvements.
The total annual budget of the District is $829,705. The itemized budget for District 38 is
included in the attached Engineer's Report, Financial Analysis, page 4.
BACKGROUND/DISCUSSION:
The landscaping improvements to be maintained by District 38 are the parkways along the
northerly side of Grand Avenue (between Diamond Bar Boulevard and Summitridge Drive),
the southerly side of Temple Avenue (between Diamond Bar Boulevard and Golden Springs
Drive), along Golden Springs Drive (between Torito Lane and Temple Avenue); the
streetscape improvements along Brea Canyon Road (between Pathfinder Road and the
Southerly City Limit); and the medians throughout the City. The maintenance areas are
further detailed in Exhibit "B-1" of the Engineer's Report. The maintenance and servicing of
public landscaping improvements installed and constructed in public places in the city
provides; a special benefit which is received by each and every lot or parcel within the
District, tending to enhance their value. The estimated number of parcels within the District
is 17,696 parcels.
This proposed assessment has been determined to be exempt from the provisions of
Proposition 218 as set forth in Section 5(a): Any assessment imposed exclusively to finance
the capital costs or maintenance and operation expenses for sidewalks, streets, sewers,
water, flood control drainage systems or vector control.
Prepared By:
Sharon 63omez, Management Analyst
REVIEWED BY:
r /
D vid iu
Director of Public Works
Attachments: Resolution No. 2003 -XX
Engineer's Report
r/-
a
Ja s DeStef no
Deputy City Mainager
RESOLUTION NO. 2003-
A RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND
BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 FOR THE
FISCAL YEAR 2003-04.
A. RECITALS.
(i) By its Resolution No. 2003-22, this Council approved a report of the City
Engineer related to City of Diamond Bar Assessment District No. 38 prepared pursuant
to California Streets and Highways Code Section 22623, described the improvements
thereon and gave notice of and fixed the time and place of the hearing on the question
of assessment thereon for fiscal year 2003-04. A diagram of the area encompassed by
said assessment district is attached hereto as Exhibit "A-1."
(ii) Said hearing was duly and properly noticed, commenced at the South
Coast Air Quality Management/Government Center Auditorium, 21865 East Copley
Drive, Diamond Bar, California on June 17, 2003, and was concluded prior to the
adoption of this Resolution.
(iii) All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION.
NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby
find, determine and order as follows:
1. The Recitals, as set forth in Part A of this Resolution, are in all respects
true and correct.
Z. This Council hereby expressly overrules any and all protests filed
objecting to the proposed improvements specified herein or the assessment levied
therefor.
3. Based upon its review of the report of the City Engineer referred to
hereinabove, and other reports and information, the City Council hereby finds that (i)
1
the land within the said District will be benefitted by the improvements specified in said
report, (ii) said District includes all of the lands so benefitted, and (iii) the net amount to
be assessed upon the lands within said District for the 2003-04 fiscal year, in
accordance with said report, is apportioned by a formula and method which fairly
distributes the net amount among all assessable lots or parcels in proportion to the
estimated benefits to be received by each such lot or parcel from the improvements
4. The improvements specified in the report hereinabove referred to which is
on file with the City Clerk of the City of Diamond Bar are hereby ordered to be
completed.
5. The assessment diagram contained in the report referred to hereinabove
and the assessment of $15.00 for each assessable lot located within said District are
hereby adopted and confirmed and said assessment hereby is levied for the 2003-04
fiscal year.
6. The assessment is in compliance with the provisions of the Act, and the
City Council has complied with all laws pertaining to the levy of an annual assessment
pursuant to the Act. The assessment is levied for the purpose of paying the costs and
expenses of the improvements described in the report referred to hereinabove for fiscal
year 2003-04.
7. The City Treasurer shall deposit all moneys representing assessments
collected by the County to the credit of a special fund for use in City of Diamond Bar
Assessment District No. 38.
8. The City Clerk is hereby authorized and directed to file the diagram and
assessment with the County Auditor, together with a certified copy of this Resolution
upon its adoption.
9.. A certified copy of the assessment and diagram shall be filed in the office
of the City Clerk and open for public inspection.
2
ADOPTED AND APPROVED this day of , 2003.
Carol Herrera, Mayor
I, LINDA C. LOWRY, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was passed, approved and adopted at the regular meeting of the
City Council of the City of Diamond Bar held on the day of
, 2003, by.the following Roil Call vote:
AYES:
COUNCIL MEMBERS:
140ES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAINED:
COUNCIL MEMBERS:
ATTEST:
Linda C. Lowry, City Clerk
City of Diamond Bar
3
W
W
h co
�2i
M o-
ENGINEER'S REPORT
Update of
ASSESSMENT DISTRICT NO. 38
Fiscal Year 2003-04
CITY OF DIAMOND BAR
Preliminary: May 20, 2003
Prepared by:
GFB-FRIEDRICH & ASSOC., INC.
6529 Riverside Avenue, Suite 230
Riverside, CA 92506
TABLE OF CONTENTS
INTRODUCTION
BOUNDARIES OF DISTRICT
IMPROVEMENTS
Landscaping
FINANCIAL ANALYSIS
Revenue
Appropriations
METHOD OF APPORTIONMENT
ASSESSMENT
ASSESSMENT ROLL
EXHIBITS
Exhibit "A-1" - Assessment Diagram
Exhibit "B-1" - Improvement Map
Page
1
2
3
6
7
8
INTRODUCTION
Pursuant: to the order of the City Council of the City of Diamond Bar, this report is prepared in
compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of
1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California.
This report presents the engineering analysis for the 2003-04 Fiscal Year for the district known
as:
ASSESSMENT DISTRICT NO. 38
CITY OF DIAMOND BAR
(Hereinafter referred to as "District")
This District, by special benefit assessments, provides funding for the maintenance of
landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way
within the City of Diamond Bar.
Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied
according to benefit rather than according to assessed value. The section states:
"'The net amount to be assessed upon lands within an assessment district may be
apportioned by any formula or method which fairly distributes the net amount among
all] assessable lots or parcels in proportion to the estimated special benefits to be
received by each such lot or parcel from the improvements.
The determination of whether or not a lot or parcel will benefit from the improvements
shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with
Section 5000)) [of the Streets and Highways Code, State of California] . "
As the assessments are levied on the basis of benefit, they are considered a user's fee, not a
tax, and, therefore, are not governed by Article XIIIA of the California Constitution.
Properties owned by public agencies, such as a city, county, state or the federal government,
are not assessable under pre -Prop 218 law.
Assessment District No. 38
Engineer's Report — FY 2003-2004
BOUNDARIES OF DISTRICT
The boundary of the District is completely within the City limits of the City of Diamond Bar
and is shown on the Assessment Diagram (on file in the office of the City Clerk at the City
Hall of Diamond Bar as Exhibit "A-1 "). All parcels of real property included within the
District are described in detail on maps on file in the Los Angeles County Assessor's office.
Assessment District No. 38
Engineer's Report — FY 2003-2004
IMPROVEMENTS
The facilities and items of servicing and maintenance included within the District are as
follows:
Landscaping
Servicing means the furnishing of water for the irrigation of any landscaping, the operation of
any fountains, or the maintenance of any other improvements.
Maintenance means the furnishing of services and materials for the ordinary and usual
maintenance, operation and servicing of any improvement, including:
Repair, removal or replacement of all or any part of any landscape improvement.
2. Providing for the life, growth, health and beauty of landscaping, including without
limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease
or injury.
The removal of trimmings, rubbish, debris and other solid waste.
Improvements to be serviced and maintained include, but are not limited to, median island and
parkway landscaping on major streets and thoroughfares in the City of Diamond Bar. Exhibit
"B-1," attached hereto, shows the location and extent of the landscaping improvements to be
maintained by the proceeds from this assessment district.
Assessment: District No. 38
Engineer's Report— FY 2003-2004
FINANCIAL ANALYSIS
The estimated funding for maintenance and servicing of landscaping for the update of
Assessment District No. 38 for the 2003-04 Fiscal Year is as follows:
2003-04
Recommended Budget
R evens e
Appropriation Fund Balance (from FY 2002-03) $ 549,265
Property Tax - Special Assessments 265,440
Interest Revenue 15,000
TOTAL $ 829,705
Appropriations:
Personnel Services
Salaries
$ 16,600
City Paid Benefits
230
Retirement
2,100
Worker's Compensation Expense
680
Short/Long Term Disability
110
Medicare Expense
240
Cafeteria Benefits
2,730
Operating Expenses
Advertising
2,000
Utilities
112,200
Maintenance -Grounds & Bldg
15,000
Professional Services
20,600
Contract Services
121,200
Capital Outlay
Capital Improvements *
35,000
Transfer to CIP Fund
412,410
Reserve for Future Capital Improvements
88,605
TOTAL $ 829,705
* Includes replacement of ten irrigation controllers/cabinet boxes @ $3,500/each.
Plans and Specifications
Plans and specifications showing the general nature, location and extent of the proposed
improvements are on file in the office of the City Clerk and available for public inspection.
Assessment District No. 38 4
Engineer's Report — FY 2003-2004
METHOD OF APPORTIONMENT
The net amount to be assessed upon lands within the District in accordance with this report is
apportioned by a formula and method which fairly distributes the amount among all assessable
lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from
the improvements, namely the maintenance and servicing of public landscaping improvements
within such District. The maintenance and servicing of public landscaping improvements
installed and constructed in public places in the City of Diamond Bar provides a special benefit
which is received by each and every lot or parcel within the District, tending to enhance their
value.
The primary benefits of landscaping are as set forth below:
Beautification of the streets which are used by all of the residents in Diamond Bar.
AL sense of community pride resulting from well-maintained green spaces.
The enhancement of the value of property which results from the foregoing benefits.
Existing land use information indicates that well over 90 percent of the parcels within the City
of Diamond Bar are residences. Because the special benefits derived apply equally to all
residents and parcels, it has been determined that all assessable parcels would receive the same
net assessment.
Assessment District No. 38
Engineer's Report — FY 2003-2004
ASSESSMENT
The amount to be assessed upon the lots and parcels within the District and the amount
apportioned to each assessable parcel within the District is shown in the table below.
Estimated Assessment Requirements: $265,440
Estimated Number of Parcels:
17,696
Estimated Assessment Per Parcel: $ 15.00
2002-03 Assessment Per Parcel:
2003-04 Assessment Per Parcel:
Difference:
Assessment District No. 38 6
Engineer's Report — FY 2003-2004
$ 15.00
$ 15.00
$ 0.00
ASSESSMENT ROLL
The individual 2003-04 assessments, tabulated by Assessor's parcel number, are shown on an
Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit
"C" and are made a part of this report by reference. (The Assessment Roll is not included in
this report due to its volume.)
Dated: 1 2003
P.- FRjr `
C}Z
Assessment District No. 38
Engineer's Report — FY 2003-2004
GFB-FRIEDRICH & ASSOC., INC.
r
A. ED CH
EXHIBITS
I SHEET I OF 1 SHEET
T 9�
7
��1Jpf2'•-'1 �')��'J y /,pit •4 tai' 1 -
2
` - : \ �+" h' i, �.%.f` • _ \� / f LEGEND
L / \/y ASSESSMENT DISTRICT BOUNDARY
9 �'' YI��`jpllr��' '� .' / .� ��+.. -w 1'7= ..• MEDIANS
�� i��� �(N .�/ ` . / SCM • PARKWAYS
URF AREAS
AREAS TO BE MAINTAINED
�I
MEDIANS: A. DIAMOND
B. GRAND AVE. BLVD.
E
C. GOLDEN SPRINGS RD. (57 FWY OVERCROSSWG
TO WEST CITY LIMITS
PARKWAYS:
D. GRAND AVE - SUMMIT RIDGE TO
DIAMOND BAR BLVD., NORTH SIDE -
F..E TEMPLE - DIAMOND BAR BLVD. TO
i GOLDEN SPRINGS RD_ SOJTH SIDE
TOTAL AREA:
TURF 5.4 ACRES
GROUND COVER 0.83 ACRES
SAN, EXHIBIT NB_1"
ADDITIONAL ASSESSMENT DISTRICT N0.38
I AREAS TO BE MAIN A'NED
if PEA,.. 4e ,, FISCAL YEAR 2003-04
for the
CITY OF DIAMOND BAR
X12
` a.wn eu e..c . n xie .e. o, Gt&FHICDRiI ti
+w un s w,m ew I. F :XSS0C , INC.
Agenda # 7.1.1
Meeting Date: June 17, 2003
TO:
Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manage
TITLE: RESOLUTION NO. 2003 -XX, A ESOLUTION LEVYING AN
ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING
ASSESSMENT DISTRICT NO. 38 FOR THE FISCAL YEAR 2003-04.
RECOMMENDATION:
Approve Resolution.
FINANCIAL SUMMARY:
The requested District 38 levy rate of $15.00 per parcel will generate approximately
$265,440 in assessment revenue. The assessment rate remains the same as the rate
applied at the date of Diamond Bar's incorporation. The assessment revenues shall be
deposited in Special Revenue Landscape Fund 138 and shall apply toward the 2003-04
operation, maintenance, capital budget, and a small reserve for future capital improvements.
The total annual budget of the District is $829,705. The itemized budget for District 38 is
included in the attached Engineer's Report, Financial Analysis, page 4.
BACKGROUND/DISCUSSION:
The landscaping improvements to be maintained by District 38 are the parkways along the
northerly side of Grand Avenue (between Diamond Bar Boulevard and Summitridge Drive),
the southerly side of Temple Avenue (between Diamond Bar Boulevard and Golden Springs
Drive), along Golden Springs Drive (between Torito Lane and Temple Avenue); the
streetscape improvements along Brea Canyon Road (between Pathfinder Road and the
Southerly City Limit); and the medians throughout the City. The maintenance areas are
further detailed in Exhibit "B-1" of the Engineer's Report. The maintenance and servicing of
public landscaping improvements installed and constructed in public places in the city
provides a special benefit which is received by each and every lot or parcel within the
District, tending to enhance their value. The estimated number of parcels within the District
is 17,696 parcels.
i
This proposed assessment has been determined to be exempt from the provisions of
Proposition 218 as set forth in Section 5(a): Any assessment imposed exclusively to finance
the capital costs or maintenance and operation expenses for sidewalks, streets, sewers,
water, flood control drainage systems or vector control.
Prepared By:
Sharon Gomez, Management Analyst
REVIEWED BY:
Did
Director of Public Works
Attachments: Resolution No. 2003 -XX
Engineer's Report
2
RESOLUTION NO. 2003
A RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND
BAR LANDSCAPING ASSESSMENT DISTRICT NO. 38 FOR THE
FISCAL YEAR 2003-04.
A. RECITALS.
(i) By its Resolution No. 2003-22, this Council approved a report of the City
Engineer related to City of Diamond Bar Assessment District No. 38 prepared pursuant
to California Streets and Highways Code Section 22623, described the improvements
thereon and gave notice of and fixed the time and place of the hearing on the question
of assessment thereon for fiscal year 2003-04. A diagram of the area encompassed by
said assessment district is attached hereto as Exhibit "A-1."
(ii) Said hearing was duly and properly noticed, commenced at the South
Coast Air Quality Management/Government Center Auditorium, 21865 East Copley
Drive, Diamond Bar, California on June 17, 2003, and was concluded prior to the
adoption of this Resolution.
(iii) All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION.
NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby
find, determine and order as follows:
1. The Recitals, as set forth in Part A of this Resolution, are in all respects
true and correct.
2„ This Council hereby expressly overrules any and all protests filed
objecting to the proposed improvements specified herein or the assessment levied
therefor.
3. Based upon its review of the report of the City Engineer referred to
hereinabove, and other reports and information, the City Council hereby finds that (i)
1
the land within the said District will be benefitted by the improvements specified in said
report, (ii) said District includes all of the lands so benefitted, and (iii) the net amount to
be assessed upon the lands within said District for the 2003-04 fiscal year, in
accordance with said report, is apportioned by a formula and method which fairly
distributes the net amount among all assessable lots or parcels in proportion to the
estimated benefits to be received by each such lot or parcel from the improvements
4. The improvements specified in the report hereinabove referred to which is
on file with the City Clerk of the City of Diamond Bar are hereby ordered to be
completed.
5. The assessment diagram contained in the report referred to hereinabove
and the assessment of $15.00 for each assessable lot located within said District are
hereby adopted and confirmed and said assessment hereby is levied for the 2003-04
fiscal year.
6. The assessment is in compliance with the provisions of the Act, and the
City Council has complied with all laws pertaining to the levy of an annual assessment
pursuant to the Act. The assessment is levied for the purpose of paying the costs and
expenses of the improvements described in the report referred to hereinabove for fiscal
year 2003-04.
7. The City Treasurer shall deposit all moneys representing assessments
collected by the County to the credit of a special fund for use in City of Diamond Bar
Assessment District No. 38.
8. The City Clerk is hereby authorized and directed to file the diagram and
assessment with the County Auditor, together with a certified copy of this Resolution
upon its adoption.
9. A certified copy of the assessment and diagram shall be filed in the office
of the City Clerk and open for public inspection.
2
ADOPTED AND APPROVED this day of , 2003.
Carol Herrera, Mayor
I, LINDA C. LOWRY, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was passed, approved and adopted at the regular meeting of the
City Council of the City of Diamond Bar held on the day of
, 2003, by.the following Roll Call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
Linda C. Lowry, City Clerk
City of Diamond Bar
3
ENGINEER'S REPORT
Update of
ASSESSMENT DISTRICT NO. 38
Fiscal Year 2003-04
CITY OF DIAMOND BAR
Preliminary: May 20, 2003
Prepared by:
GFB-FRIEDRICH & ASSOC., INC.
6529 Riverside Avenue, Suite 230
Riverside, CA 92506
TABLE OF CONTENTS
Page
INTRODUCTION 1
BOUNDARIES OF DISTRICT 2
IMPROVEMENTS 3
Landscaping
4
FINANCIAL ANALYSIS
Revenue
Appropriations
6
METHOD OF APPORTIONMENT
ASSESSMENT 7
ASSESSMENT ROLL 8
EXHIBITS
Exhibit "A-1" - Assessment Diagram
Exhibit "B-1" - Improvement Map
INTRODUCTION
Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in
compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of
1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California.
This report presents the engineering analysis for the 2003-04 Fiscal Year for the district known
as:
ASSESSMENT DISTRICT NO. 38
CITY OF DIAMOND BAR
(Hereinafter referred to as "District").
This District, by special benefit assessments, provides funding for the maintenance of
landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way
within the City of Diamond Bar.
Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied
according to benefit rather than according to assessed value. The section states:
"The net amount to be assessed upon lands within an assessment district may be
apportioned by any formula or method which fairly distributes the net amount among
all assessable lots or parcels in proportion to the estimated special benefits to be
received by each such lot or parcel from the improvements.
The determination of whether or not a lot or parcel will benefit from the improvements
shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with
Section 5000)) [of the Streets and Highways Code, State of California]. "
As the assessments are levied on the basis of benefit, they are considered a user's fee, not a
tax, and, therefore, are not governed by Article XIIIA of the California Constitution.
Properties owned by public agencies, such as a city, county, state or the federal government,
are not assessable under pre -Prop 218 law.
Assessment District No. 38
Engineer's Report - FY 2003-2004
BOUNDARIES OF DISTRICT
The boundary of the District is completely within the City limits of the City of Diamond Bar
and is shown on the Assessment Diagram (on file in the office of the City Clerk at the City
Hall of Diamond Bar as Exhibit "A-1 "). All parcels of real property included within the
District are described in detail on maps on file in the Los Angeles County Assessor's office.
Assessment District No. 38 2
Engineer's Report - FY 2003-2004
IMPROVEMENTS
The facilities and items of servicing and maintenance included within the District are as
follows:
Landscaping
Servicing means the furnishing of water for the irrigation of any landscaping, the operation of
any fountains, or the maintenance of any other improvements.
Maintenance means the furnishing of services and materials for the ordinary and usual
maintenance, operation and servicing of any improvement, including:
1. Repair, removal or replacement of all or any part of any landscape improvement.
2. Providing for the life, growth, health and beauty of landscaping, including without
limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease
or injury.
3. The removal of trimmings, rubbish, debris and other solid waste.
Improvements to be serviced and maintained include, but are not limited to, median island and
parkway landscaping on major streets and thoroughfares in the City of Diamond Bar. Exhibit
"B-1," attached hereto, shows the location and extent of the landscaping improvements to be
maintained by the proceeds from this assessment district.
Assessment District No. 38 3
Engineer's Report - FY 2003-2004
FINANCIAL ANALYSIS
The estimated funding for maintenance and servicing of landscaping for the update of
Assessment District No. 38 for the 2003-04 Fiscal Year is as follows:
2003-04
Recommended Budget
Revenue:
Appropriation Fund Balance (from FY 2002-03) $ 549,265
Property Tax - Special Assessments 265,440
Interest Revenue 15,000
TOTAL $ 829,705
Appropriations:
Personnel Services
$ 16,600
Salaries
City Paid Benefits 230
Retirement 2,100
Worker's Compensation Expense 680
Short/Long Term Disability 110
Medicare Expense 240
Cafeteria Benefits 2,730
Operating Expenses
2,000
Advertising
Utilities 112,200
Maintenance -Grounds & Bldg 15,000
Professional Services 20,600
Contract Services 121,200
Capital Outlay
35,000
Capital Improvements
Transfer to CIP Fund 412,410
Reserve for Future Capital Improvements 88,605
TOTAL $ 829,705
* Includes replacement of ten irrigation controllers/cabinet boxes @ $3,500/each.
Plans and Specifications
Plans and specifications showing the general nature, location and extent of the proposed
improvements are on file in the office of the City Clerk and available for public inspection.
Assessment District No. 38 4
Engineer's Report - FY 2003-2004
METHOD OF APPORTIONMENT
The net amount to be assessed upon lands within the District in accordance with this report is
apportioned by a formula and method which fairly distributes the amount among all assessable
lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from
the improvements, namely the maintenance and servicing of public landscaping improvements
within such District. The maintenance and servicing of public landscaping improvements
installed and constructed in public places in the City of Diamond Bar provides a special benefit
which is received by each and every lot or parcel within the District, tending to enhance their
value.
The primary benefits of landscaping are as set forth below:
1. Beautification of the streets which are used by all of the residents in Diamond Bar.
2. AL sense of community pride resulting from well-maintained green spaces.
3. The enhancement of the value of property which results from the foregoing benefits.
Existing land use information indicates that well over 90 percent of the parcels within the City
of Diamond Bar are residences. Because the special benefits derived apply equally to all
residents and parcels, it has been determined that all assessable parcels would receive the same
net assessment.
Assessment District No. 38 5
Engineer's Report - FY 2003-2004
ASSESSMENT
The amount to be assessed upon the lots and parcels within the District and the amount
apportioned to each assessable parcel within the District is shown in the table below.
Estimated Assessment Requirements: $265,440
Estimated Number of Parcels: 17,696
Estimated Assessment Per Parcel: $ 15.00
2002-03 Assessment Per Parcel: $ 15.00
2003-04 Assessment Per Parcel: $ 15.00
Difference: $ 0.00
Assessment District No. 38 6
Engineer's Report - FY 2003-2004
ASSESSMENT ROLL
The individual 2003-04 assessments, tabulated by Assessor's parcel number, are shown on an
Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit
"C" and are made a part of this report by reference. (The Assessment Roll is not included in
this report due to its volume.)
Dated: Z
, 2003
GFB-FRIEDRICH & ASSOC., INC.
Assessment District No. 38 7
Engineer's Report - FY 2003-2004
EXHIBITS
SHEETtOF 13MEET
LEGEND
—'— ASSESSMENT DISTRICT BOUNDPRY
—'•—•••• MEDIANS
PARKWAYS
TURF AREAS
AREAS TO BE MAINTAINED
MEDIANS:
A. DIAMOND BPR BLVD.
8. GRAND 4VE,
C. GOLDEN SPRINGS RD. (57 FWY OvERCROSSING
TO WEST C7TY LIMITS.
PARKWAYS:
D. GRAND 4VE -SUMMIT RIDGE TO
DIAMOND BAR BLVD., NOP7M SIDE
E. TEMPLE -DIAMOND 84R BLVD. TD
GOLDEN SPRINGS RD_ SOUTH SIDE
TOTAL AREA:
TURF 5.4 ACRES
GROUND COVER 0,83 ACRES
EXHIBIT "B-1"
INIT ==pro= X., 11 1.
ASSESSMENT DISTRICT N0.38
FISCAL YEAR 2003-04
for the
CITY OF DIAMOND BAR
.—...EO—
aawoe.. a—w.n owe nor C.iK—FAICDRiI'li,
TMe rm'>won.0 I & rLSti(1C_1 INC.
Agenda # 7-1 -2
Meeting Date: June 17, 2003
CITY COUNCIL :;\�ti ,,,,Y. AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: RESOLULTION NO. 2003 -XX, A RESOLUTION LEVYING AN
ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING
ASSESSMENT DISTRICT NO. 39 FOR THE FISCAL YEAR 2003-
04.
RECOMMENDATION:
Approve Resolution.
FINANCIAL SUMMARY:
The requested District 39 levy rate of $130.00 per parcel will generate approximately
$164,450 in assessment revenue. The assessment rate remains the same as the rate
applied at the date of Diamond Bar's incorporation. The assessment revenues shall be
deposited in Special Revenue Landscape Fund 139 and shall apply toward the 2003-04
operation, maintenance, capital budget, and reserve for future improvements. The
District budget totals $379,305. The itemized budget for District 39 is included in the
attached Engineer's Report, Financial Analysis, page 4.
BACKGROUND/DISCUSSION:
The landscaping improvements to be maintained by District 39 are the mini parks,
slopes, and open space areas within the Assessment diagram as reflected in Exhibit "B-
2" of the Engineer's Report. This reflects a total maintenance area of 60.45 acres. The
maintenance and servicing of public landscaping improvements installed and
constructed in public places in the city provides a special benefit which is received by
each and every lot or parcel within the District, tending to enhance their value. The
estimated number of parcels within the District is 1,265 parcels.
This proposed assessment has been determined to be exempt from the provisions of
Proposition 218 as set forth in Section 5(b): Any assessment imposed pursuant to a
petition signed by the persons owning all of the parcels subject to the assessment at the
time the assessment is initially imposed.
Prepared By:
Sharon Gomez, Management Analyst
REVIEWED BY:
d G. Li es DeSfano
Director of Public Works Deputy Citytanager
Attachments: Resolution No. 2003 -XX
Engineer's Report
RESOLUTION NO. 2003-
A RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND
BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 FOR THE
FISCAL YEAR 2003-04.
A. RECITALS.
(i) By its Resolution No. 2003-23, this Council approved a report of the City
Engineer related to City of Diamond Bar Landscaping Assessment District No. 39
prepared pursuant to California Streets and Highways Code Section 22623, described
the improvements thereon and gave notice of and fixed the time and place of the
hearing on the question of assessment thereon for fiscal year 2003-04. A diagram of
the area encompassed by said assessment district is attached hereto as Exhibit "A-2."
(ii) Said hearing was duly and properly noticed, commenced at the South
Coast Air Quality Management/Government Center Auditorium, 21865 East Copley
Drive, Diamond Bar, California on June 17, 2003, and was concluded prior to the
adoption of this Resolution.
(ii) All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION.
NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby
find, determine and order as follows:
1. The Recitals, as set forth in Part A of this Resolution, are in all respects
true and correct.
1
2. This Council hereby expressly overrules any and all protests filed
objecting to the proposed improvements specified herein or the assessment levied
therefor.
3. Based upon its review of the report of the City Engineer referred to
hereinabove, and other reports and information, the City Council hereby finds that (i)
the land within the said District will be benefitted by the improvements specified in said
report, (ii) said District includes all of the lands so benefitted, and (iii) the net amount to
be assessed upon the lands within said District for the 2003-04 fiscal year, in
accordance with said report, is apportioned by a formula and method which fairly
distributes the net amount among all assessable lots or parcels in proportion to the
estimated benefits to be received by each such lot or parcel from the improvements
4. The improvements specified in the report hereinabove referred to which is
on file with the City Clerk of the City of Diamond Bar are hereby ordered to be
completed.
51. The assessment diagram contained in the report referred to hereinabove
and the assessment of $130.00 for each assessable lot located within said District are
hereby adopted and confirmed and said assessment hereby is levied for the 2003-04
fiscal year.
6. The assessment is in compliance with the provisions of the Act, and the
City Council has complied with all laws pertaining to the levy of an annual assessment
pursuant to the Act. The assessment is levied for the purpose of paying the costs and
expenses of the improvements described in the report referred to hereinabove for fiscal
year 2003-04.
7. The City Treasurer shall deposit all moneys representing assessments
collected by the County to the credit of a special fund for use in City of Diamond Bar
Assessment District No. 39.
2
8. The City Clerk is hereby authorized and directed to file the diagram and
assessment with the County Auditor, together with a certified copy of this Resolution
upon its adoption.
9. A certified copy of the assessment and diagram shall be filed in the office
of the City Clerk and open for public inspection.
110. The City Clerk shall certify to the adoption of this Resolution.
ADOPTED AND APPROVED this day of , 2003.
Carol Herrera, Mayor
I, LINDA C. LOWRY, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was passed, approved and adopted at the regular meeting of the
City Council of the City of Diamond Bar held on the day of
, 2003, by the following Roll Call vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAINED:
COUNCIL MEMBERS:
ATTEST:
Linda C. Lowry, City Clerk
City of Diamond Bar
3
SHEET 1 OF 1 SHEET
EXHIBIT "A-2"
ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT N0.39
FISCAL YEAR 2003-04
for the
CITY OF DIAMOND BAR
ENGINEER'S REPORT
Update of
ASSESSMENT DISTRICT NO. 39
Fiscal Year 2003-04
CITY OF DIAMOND BAR
Preliminary: May 20 2003
Prepared by:
GFB-FRIEDRICH & ASSOC., INC.
6529 Riverside Avenue, Suite 230
Riverside, CA 92506
TABLE OF CONTENTS
INTRODUCTION
BOUNDARIES OF DISTRICT
IMPROVEMENTS
Landscaping
FINANCIAL ANALYSIS
Revenue
Appropriations
METHOD OF APPORTIONMENT
ASSESSMENT
ASSESSMENT ROLL
EXHIBITS
Exhibit "A-2" - Assessment Diagram
Exhibit "B-2" - Improvement Map
Page
1
2
3
4
5
6
7
INTRODUCTION
Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in
compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of
1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California.
This report presents the engineering analysis for the 2003-04 Fiscal Year for the district known
as:
ASSESSMENT DISTRICT NO. 39
CITY OF DIAMOND BAR
(Hereinafter referred to as "District").
This District, by special benefit assessments, provides funding for the maintenance of
landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way
within the City of Diamond Bar.
Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied
according to benefit rather than according to assessed value. The section states:
"The net amount to be assessed upon lands within an assessment district may be
apportioned by any formula or method which fairly distributes the net amount among
all assessable lots or parcels in proportion to the estimated special benefits to be
received by each such lot or parcel from the improvements.
The determination of whether or not a lot or parcel will benefit from the improvements
shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with
Section 5000)) [of the Streets and Highways Code, State of California]."
As the assessments are levied on the basis of benefit, they are considered a user's fee, not a
tax, and, therefore, are not governed by Article XIIIA of the California Constitution.
Properties owned by public agencies, such as a city, county, state or the federal government,
are not assessable under pre -Prop 218 law.
Assessment District No. 39
Engineer's (Report — FY 2003-2004
BOUNDARIES OF DISTRICT
The boundary of the District is shown on the Assessment Diagram (on file in the office of the
City Clerk at the City Hall of Diamond Bar as Exhibit "A-2"). All parcels of real property
included within the District are described in detail on maps on file in the Los Angeles County
Assessor's office.
Assessment District No. 39 2
Engineer's Report — FY 2003-2004
IMPROVEMENTS
The facilities and items of servicing and maintenance included within the District are as
follows:
Landscaping
Servicing; means the furnishing of water for the irrigation of any landscaping, the operation of
any fountains, or the maintenance of any other improvements.
Maintenance means the furnishing of services and materials for the ordinary and usual
maintenance, operation and servicing of any improvement, including:
Repair, removal or replacement of all or any part of any landscape improvement.
2. Providing for the life, growth, health and beauty of landscaping, including without
limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease
or injury.
3. The removal of trimmings, rubbish, debris and other solid waste.
The purpose of Assessment District No. 39 is for the maintenance and servicing of mini -parks,
slopes and open spaces within the District. Exhibit "B-2, " attached hereto, shows the location
and extent of the landscaping improvements to be maintained by the proceeds from this
assessment district.
Assessment District No. 39
Engineer's Report — FY 2003-2004
FINANCIAL ANALYSIS
The estimated funding for maintenance and servicing of landscaping for the update of
Assessment District No. 39 for the 2003-04 Fiscal Year is as follows:
2003-04
Recommended Budget
Appropriation Fund Balance (from FY 2002-03) $ 206,855
Property Tax and Assessments 164,450
Interest Revenue 8,000
TOTAL $ 379,305
Appropriations:
Personal Services
Salaries
$ 17,475
City Paid Benefits
225
Retirement
2,040
Worker's Compensation Expense
710
Short/Long Term Disability
15
Medicare Expense
260
Cafeteria Benefits
2,735
Operating Expenses
Advertising
2,000
Utilities
61,160
Maintenance -Grounds & Bldg.
15,000
Professional Services
12,800
Contract Services
62,480
Capital Outlays
Miscellaneous Equipment*
35,000
Capital Improvements .
0
Reserve for Future Capital Improvements
168,175
TOTAL $ 379,305
* Includes replacement of 10 irrigation controllers/controller boxes @ $3,300 each.
As funds become available, it is planned to update equipment in each of the district's mini -parks.
Assessment District No. 39
Engineer's Report — FY 2003-2004
0
Plans and Specifications
Plans and specifications showing the general nature, location and extent of any proposed
improvements are on file in the office of the City Clerk and available for public inspection.
Assessment District No. 39 5
Engineer's Report — FY 2003-2004
METHOD OF APPORTIONMENT
The net amount to be assessed upon lands within the District in accordance with this report is
apportioned by a formula and method which fairly distributes the amount among all assessable
lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from
the improvements, namely the maintenance and servicing of public landscaping improvements
within such District. The maintenance and servicing of public landscaping improvements
installed and constructed in public places in the City of Diamond Bar provides a special benefit
which is received by each and every lot or parcel within the District, tending to enhance their
value.
The primary benefits of landscaping are as set forth below:
Beautification of the streets which are used by all of the residents in Diamond Bar.
2. Public parks which can be utilized and enjoyed by all residents within the District.
A, sense of community pride resulting from well-maintained green spaces.
4. The enhancement of the value of property which results from the foregoing benefits.
Existing land use information indicates that all of the parcels within the District are residences.
Because the special benefits derived apply equally to all residents and parcels, it has been
determined that all assessable parcels would receive the same net assessment.
Assessment District No. 39 6
Engineer's Report — FY 2003-2004
ASSESSMENT
The amount to be assessed upon the lots and parcels within the District and the amount
apportioned to each assessable parcel within the District is shown in the table below.
Estimated Assessment Requirements: $164,450
Estimated Number of Parcels:
1,265
Estimated Assessment Per Parcel: $ 130.00
2002-03 Assessment Per Parcel:
2003-04 Assessment Per Parcel:
Difference:
Assessment District No. 39 %
Engineer's Report — FY 2003-2004
$ 130.00
$ 130.00
$ 0.00
ASSESSMENT ROLL
The individual 2003-04 assessments, tabulated by Assessor's parcel number, are shown on an
Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit
"C" and are made a part of this report by reference. (The Assessment Roll is not included in
this report due to its volume.)
Dated: t/ Z-4 2003
GFB-FRIEDRICH & ASSOC., INC.
O Z
NO. 2. 1 N A. FRIEDMCH
\ EXP. - -06
\Ofc at1EQ%
Assessment District No. 39
Engineer's Report — FY 2003-2004
EXHIBITS
SHEET I OF I SHEET
EXHIBIT "A-2"
ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT N0.39
FISCAL YEAR 2003-04
for the
CITY OF DIAMOND BAR
SHEET I OF 1 SHEET
EXHIBIT "B-2"
ASSESSMENT DISTRICT N0.39
FISCAL YEAR 2003-04
for the
CITY OF DIAMOND BAR
J
PARK
1
LEGEND
11
ASSESSMENT DISTRICT BOUNDARY
4
.........:: RRUSM Se.n Acnes
x-23 PARKS6.95 4 Ws
SLOPES I— xws
TURF 010 Ac g
465 A AHG
i ` • J.6S es Tu1F
`i •' ' D Ac SLCPE
DTHEfl
1 /
\s
�I
i�CF&FRIEDRICH
ASSOC., 11'C_j
nuc cm Dv 01— eAn --- ---_ —�
wD
Agenda# 7.1 _2
Meeting Date: June 17, 2003
CITY COUNCIL I—. AGENDA REPORT
TO:
Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager 6L
41 -
TITLE: RESOLULTION NO. 2003 -XX, A RESOLUTION LEVYING AN
ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING
ASSESSMENT DISTRICT NO. 39 FOR THE FISCAL YEAR 2003-
04,
RECOMMENDATION:
Approve Resolution.
FINANCIAL SUMMARY:
The requested District 39 levy rate of $130.00 per parcel will generate approximately
$164,450 in assessment revenue. The assessment rate remains the same as the rate
applied at the date of Diamond Bar's incorporation. The assessment revenues shall be
deposited in Special Revenue Landscape Fund 139 and shall apply toward the 2003-04
operation, maintenance, capital budget, and reserve for future improvements. The
District budget totals $379,305. The itemized budget for District 39 is included in the
attached Engineer's Report, Financial Analysis, page 4.
BACKGROUND/DISCUSSION:
The landscaping improvements to be maintained by District 39 are the mini parks,
slopes, and open space areas within the Assessment diagram as reflected in Exhibit "B-
2" of the Engineer's Report. This reflects a total maintenance area of 60.45 acres. The
maintenance and servicing of public landscaping improvements installed and
constructed in public places in the city provides a special benefit which is received by
each and every lot or parcel within the District, tending to enhance their value. The
estimated number of parcels within the District is 1,265 parcels.
i
This proposed assessment has been determined to be exempt from the provisions of
Proposition 218 as set forth in Section 5(b): Any assessment imposed pursuant to a
petition signed by the persons owning all of the parcels subject to the assessment at the
time the assessment is initially imposed.
Prepared By:
Sharon Gomez, Management Analyst
REVIEWED BY:
d G Li es DeS efano
Director of Public Works Deputy City anager
Attachments: Resolution No. 2003 -XX
Engineer's Report
2
RESOLUTION NO. 2003
A RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND
BAR LANDSCAPING ASSESSMENT DISTRICT NO. 39 FOR THE
FISCAL YEAR 2003-04.
A. RECITALS.
(i) By its Resolution No. 2003-23, this Council approved a report of the City
Engineer related to City of Diamond Bar Landscaping Assessment District No. 39
prepared pursuant to California Streets and Highways Code Section 22623, described
the improvements thereon and gave notice of and fixed the time and place of the
hearing on the question of assessment thereon for fiscal year 2003-04. A diagram of
the area encompassed by said assessment district is attached hereto as Exhibit "A-2."
(ii) Said hearing was duly and properly noticed, commenced at the South
Coast Air Quality Management/Government Center Auditorium, 21865 East Copley
Drive, Diamond Bar, California on June 17, 2003, and was concluded prior to the
adoption of this Resolution.
(iii) All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION.
NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby
find, determine and order as follows:
1. The Recitals, as set forth in Part A of this Resolution, are in all respects
true and correct.
1
2. This Council hereby expressly overrules any and all protests filed
objecting to the proposed improvements specified herein or the assessment levied
therefor.
Based upon its review of the report of the City Engineer referred to
hereinabove, and other reports and information, the City Council hereby finds that (i)
the land within the said District will be benefitted by the improvements specified in said
report, (ii) said District includes all of the lands so benefitted, and (iii) the net amount to
be assessed upon the lands within said District for the 2003-04 fiscal year, in
accordance with said report, is apportioned by a formula and method which fairly
distributes the net amount among all assessable lots or parcels in proportion to the
estimated benefits to be received by each such lot or parcel from the improvements
4. The improvements specified in the report hereinabove referred to which is
on file with the City Clerk of the City of Diamond Bar are hereby ordered to be
completed.
5. The assessment diagram contained in the report referred to hereinabove
and the assessment of $130.00 for each assessable lot located within said District are
hereby adopted and confirmed and said assessment hereby is levied for the 2003-04
fiscal year.
6. The assessment is in compliance with the provisions of the Act, and the
City Council has complied with all laws pertaining to the levy of an annual assessment
pursuant to the Act. The assessment is levied for the purpose of paying the costs and
expenses of the improvements described in the report referred to hereinabove for fiscal
year 2003-04.
7. The City Treasurer shall deposit all moneys representing assessments
collected by the County to the credit of a special fund for use in City of Diamond Bar
Assessment District No. 39.
2
8. The City Clerk is hereby authorized and directed to file the diagram and
assessment with the County Auditor, together with a certified copy of this Resolution
upon its adoption.
9. A certified copy of the assessment and diagram shall be filed in the office
of the City Clerk and open for public inspection.
110. The City Clerk shall certify to the adoption of this Resolution.
ADOPTED AND APPROVED this day of , 2003.
Carol Herrera, Mayor
I, LINDA C. LOWRY, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was passed, approved and adopted at the regular meeting of the
City Council of the City of Diamond Bar held on the day of
, 2003, by the following Roll Call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
Linda C. Lowry, City Clerk
City of Diamond Bar
3
EXHIBIT "A-2"
ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT NO.39
FISCAL YEAR 2003-04
for the
CITY OF DIAMOND BAR
SGALE I =100
RASE MAP COURTESY OF
THE CDT OF OIfl (I BRA
SHEET 1 OF 1 SHEET
THE ASSESSMENT NUMBER FOR EACH LOT OR PARCEL WITHIN THE
DISTRICT IS THE ASSESSOR'S PARCEL NUMBER AS ASSIGNED BY THE
COUNTY OF LOS ANGELES ASSESSORS OFFICE
THE LINES AND DIMENSIONS FOR EACH LOT OR PARCEL OF LAND WITHIN
THE DISTRICT ARE SHOWN ON THE ASSESSOR'S PARCEL MAPS ON FILE IN
THE OFFICE OF THE LOS ANGELES COUNTY ASSESSOR
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF DIAMOND
BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA. THIS _
DAY OF. 20
CITY CLERK Of THE
CITY OF DIAMOND BAR
FILED IN THE OFFICE OF THE COUNTY AUDITOR. COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, THIS DAY OF
20
CITY CLERK OF THE
CITY OF DIAMOND BAR
ENGINEER'S REPORT
Update of
ASSESSMENT DISTRICT NO. 39
Fiscal Year 2003-04
CITY OF DIAMOND BAR
Preliminary: May 20 2003
Prepared by:
GFB-FRIEDRICH & ASSOC., INC.
6529 Riverside Avenue, Suite 230
Riverside, CA 92506
TABLE OF CONTENTS
INTRODUCTION
Page
1
BOUNDARIES OF DISTRICT 2
IMPROVEMENTS 3
Landscaping
4
FINANCIAL ANALYSIS
Revenue
Appropriations
5
METHOD OF APPORTIONMENT
ASSESSMENT 6
ASSESSMENT ROLL 7
EXHIBITS
Exhibit "A-2" - Assessment Diagram
Exhibit "B-2" - Improvement Map
INTRODUCTION
Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in
compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of
1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California.
This report presents the engineering analysis for the 2003-04 Fiscal Year for the district known
as:
ASSESSMENT DISTRICT NO. 39
CITY OF DIAMOND BAR
(Hereinafter referred to as "District").
This District, by special benefit assessments, provides funding for the maintenance of
landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way
within the City of Diamond Bar.
Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied
according to benefit rather than according to assessed value. The section states:
"The net amount to be assessed upon lands within an assessment district may be
apportioned by any formula or method which fairly distributes the net amount among
all assessable lots or parcels in proportion to the estimated special benefits to be
received by each such lot or parcel from the improvements.
The determination of whether or not a lot or parcel will benefit from the improvements
shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with
Section 5000)) [of the Streets and Highways Code, State of California]."
As the assessments are levied on the basis of benefit, they are considered a user's fee, not a
tax, and, therefore, are not governed by Article XIIIA of the California Constitution.
Properties owned by public agencies, such as a city, county, state or the federal government,
are not assessable under pre -Prop 218 law.
Assessment District No. 39
Engineer's Report - FY 2003-2004
BOUNDARIES OF DISTRICT
The boundary of the District is shown on the Assessment Diagram (on file in the office of the
City Clerk at the City Hall of Diamond Bar as Exhibit "A-2"). All parcels of real property
included within the District are described in detail on maps on file in the Los Angeles County
Assessor's office.
Assessment District No. 39 2
Engineer's Report - FY 2003-2004
IMPROVEMENTS
The facilities and items of servicing and maintenance included within the District are as
follows:
Landscapin
Servicing means the furnishing of water for the irrigation of any landscaping, the operation of
any fountains, or the maintenance of any other improvements.
Maintenance means the furnishing of services and materials for the ordinary and usual
maintenance, operation and servicing of any improvement, including:
1. Repair, removal or replacement of all or any part of any landscape improvement.
2. Providing for the life, growth, health and beauty of landscaping, including without
limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease
or injury.
3. The removal of trimmings, rubbish, debris and other solid waste.
The purpose of Assessment District No. 39 is for the maintenance and servicing of mini -parks,
slopes and open spaces within the District. Exhibit "B-2, " attached hereto, shows the location
and extent of the landscaping improvements to be maintained by the proceeds from this
assessment district.
Assessment District No. 39 3
Engineer's Report - FY 2003-2004
FINANCIAL ANALYSIS
The estimated funding for maintenance and servicing of landscaping for the update of
Assessment District No. 39 for the 2003-04 Fiscal Year is as follows:
2003-04
Recommended Budget
Revenue:
Appropriation Fund Balance (from FY 2002-03) $ 206,855
Property Tax and Assessments 164,450
Interest Revenue 8,000
TOTAL $ 379,305
Appropriations:
Personal Services
Salaries $ 17,475
City Paid Benefits 225
Retirement 2,040
Worker's Compensation Expense 710
Short/Long Term Disability 15
Medicare Expense 260
Cafeteria Benefits 2,735
Operating Expenses
Advertising 2,000
Utilities 61,160
Maintenance -Grounds & Bldg. 15,000
Professional Services 12,800
Contract Services 62,480
Capital Outlays
Miscellaneous Equipment* 35,000
Capital Improvements . 0
Reserve for Future Capital Improvements 168,175
TOTAL $ 379,305
* Includes replacement of 10 irrigation controllers/controller boxes @ $3,300 each.
As funds become available, it is planned to update equipment in each of the district's mini -parks.
Assessment District No. 39 4
Engineer's Report - FY 2003-2004
Plans and Specifications
Plans and specifications showing the general nature, location and extent of any proposed
improvements are on file in the office of the City Clerk and available for public inspection.
Assessment District No. 39 5
Engineer's Report - FY 2003-2004
METHOD OF APPORTIONMENT
The net amount to be assessed upon lands within the District in accordance with this report is
apportioned by a formula and method which fairly distributes the amount among all assessable
lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from
the improvements, namely the maintenance and servicing of public landscaping improvements
within such District. The maintenance and servicing of public landscaping improvements
installed and constructed in public places in the City of Diamond Bar provides a special benefit
which is received by each and every lot or parcel within the District, tending to enhance their
value.
The primary benefits of landscaping are as set forth below:
1. Beautification of the streets which are used by all of the residents in Diamond Bar.
2. Public parks which can be utilized and enjoyed by all residents within the District.
3. A sense of community pride resulting from well-maintained green spaces.
4. The enhancement of the value of property which results from the foregoing benefits.
Existing land use information indicates that all of the parcels within the District are residences.
Because the special benefits derived apply equally to all residents and parcels, it has been
determined that all assessable parcels would receive the same net assessment.
Assessment District No. 39 6
Engineer's Report - FY 2003-2004
ASSESSMENT
The amount to be assessed upon the lots and parcels within the District and the amount
apportioned to each assessable parcel within the District is shown in the table below.
Estimated Assessment Requirements: $164,450
Estimated Number of Parcels: 1,265
Estimated Assessment Per Parcel: $ 130.00
2002-03 Assessment Per Parcel: $ 130.00
2003-04 Assessment Per Parcel: $ 130.00
Difference: $ 0.00
Assessment District No. 39 7
Engineer's Report - FY 2003-2004
ASSESSMENT ROLL
The individual 2003-04 assessments, tabulated by Assessor's parcel number, are shown on an
Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit
"C" and are made a part of this report by reference. (The Assessment Roll is not included in
this report due to its volume.)
Dated: , 2003
GFB-FRIEDRICH & ASSOC., INC.
NA. F ED CH
Assessment District No. 39 8
Engineer's Report - FY 2003-2004
EXHIBITS
EXHIBIT "A-2"
ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT NO.39
FISCAL YEAR 2003-04
for the
CITY OF DIAMOND BAR
SCALE:,550
'BASE NAP COLRTt RY OF
THE COY OF DIANOIW BM
SHEET I OF 1 SHEET
THE ASSESSMENT NUMBER FOR EACH LOT OR PARCEL WITHIN THE
DISTRICT 15 THE ASSESSOR'S PARCEL NUMBER AS ASSIGNED BY THE
COUNTY OF LOS ANGELES NSSESSOR'S OFFICE
THE LINES AND DIMENSIONS FOR EACH LOT OR PARCEL OF LAND WITHIN
THE DISTRICT ARE SHOWN ON THE ASSESSORS PARCEL MAPS ON FILE IN
THE OFFICE OF THE LOS ANGELES COUNTY ASSESSOR
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF DIAMOND
BAR. COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, THIS
DAY OF. 20
CITY CLERK Of THE
CITY Of DIAMOND BAR
FILED IN THE OFFICE OF THE COUNTY AUDITOR, COUNTY OF LOS
ANGELES STATE OF CALIFORNIA, THIS _ DAY OF
20
CITY CLERK OF THE
CITY OF DIAMOND BAR
GFB-FRIEDRICFI
SHEET10F1SHEET
EXHIBIT "B-2"
ASSESSMENT DISTRICT N0.39
FISCAL YEAR 2003-04
for the
CITY OF DIAMOND BAR
LEGEND
ASSESSMENT DISTRICT BOIMDngY
'BASE MpP COLFfEEY OF
TIE CfiY x OIAIACMI BAP
BRUSH W.73AcKs
wws S." ACRES
SLOPES i4s7 AcREs
TURF 0,10 ACRES
oARK9 ApE:
4.65 as TU16
uD A— uavE
12D Ac OTHEf1
—, GFB—FRIEDRICH
I_& ASSOC., INC_j
500 1000 i5W 2000
Agenda # 7. 1.3
Meeting Date: June 17, 2003
CITY COUNCIL AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
7
VIA: Linda C. Lowry, City Manager Zu�L{
TITLE: RESOLUTION NO. 2003 -XX, A RESOLUTION LEVYING AN
ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING
ASSESSMENT DISTRICT NO. 41 FOR THE FISCAL YEAR 2003-04.
RECOMMENDATION:
Approve Resolution.
FINANCIAL SUMMARY:
The requested District 41 levy rate of $220.50 per parcel will generate approximately
$122,157 in assessment revenue. The assessment rate remains the same as the rate
applied at the date of incorporation of the City of Diamond Bar. The assessment revenues
shall be deposited in Special Revenue Landscape Fund 141 and shall apply toward the
2003-04. operation, maintenance, capital improvement budget, and reserve for future
improvements. The District budget totals $484,766. The itemized budget for District 41 is
included in the attached Engineer's Report, Financial Analysis, page 4.
BACKGROUND/DISCUSSION:
The landscaping improvements to be maintained by District 41 are the slopes, and open
space areas within the Assessment diagrams as reflected in Exhibit "B-3" of the Engineer's
Report. This reflects a total maintenance area of 15.5 acres. The maintenance and
servicing of public landscaping improvements installed and constructed in public places in
the city provides a special benefit which is received by each and every lot or parcel within
the District, tending to enhance their value. The estimated number of parcels within the
District is 554 parcels.
This proposed assessment has been determined to be exempt from the provisions of
Proposition 218 as set forth in Section 5(b): Any assessment imposed pursuant to a petition
signed by the persons owning all of the parcels subject to the assessment at the time the
assessment is initially imposed.
Prepared By:
Sharon iaomez, Management Analyst
REVIEWED BY:
Da id ZrLiu
Director of Public Works
Attachments: Resolution No. 2003 -XX
Engineer's Report
r l\
Ja es DeSt fano
Deputy City Manager
RESOLUTION NO. 2003-
A RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND
BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 FOR THE
FISCAL YEAR 2003-04.
A. RECITALS.
(li) By its Resolution No. 2003-24, this Council approved a report of the City
Engineer related to City of Diamond Bar Landscaping Assessment District No. 41
prepared pursuant to California Streets and Highways Code Section 22623, described
the improvements thereon and gave notice of and fixed the time and place of the
hearing on the question of assessment thereon for fiscal year 2003-04. A diagram of
the area encompassed by said assessment district is attached hereto as Exhibit "A-3."
(ii) Said hearing was duly and properly noticed, commenced at the South
Coast Air Quality Management Auditorium/Government Center, 21865 East Copley
Drive, Diamond Bar, California on June 17, 2003, and was concluded prior to the
adoption of this Resolution.
(iii) All legal prerequisites to the adoption of this Resolution have occurred.
B. BESOLUTION.
NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby
find, determine and order as follows:
1. The Recitals, as set forth in Part A of this Resolution, are in all respects
true and correct.
2. This Council hereby expressly overrules any and all protests filed
objecting to the proposed improvements specified herein or the assessment levied
therefor.
1
�t. Based upon its review of the report of the City Engineer referred to
hereinabove, and other reports and information, the City Council hereby finds that (i)
the land within the said District will be benefitted by the improvements specified in said
report, (ii) said District includes all of the lands so benefitted, and (iii) the net amount to
be assessed upon the lands within said District for the 2003-04 fiscal year, in
accordance with said report, is apportioned by a formula and method which fairly
distributes the net amount among all assessable lots or parcels in proportion to the
estimated benefits to be received by each such lot or parcel from the improvements
4. The improvements specified in the report hereinabove referred to which is
on file with the City Clerk of the City of Diamond Bar are hereby ordered to be
completed.
5. The assessment diagram contained in the report referred to hereinabove
and the assessment of $220.50 for each assessable lot located within said District are
hereby adopted and confirmed and said assessment hereby is levied for the 2003-04
fiscal year.
6. The assessment is in compliance with the provisions of the Act, and the
City Council has complied with all laws pertaining to the levy of an annual assessment
pursuant to the Act. The assessment is levied for the purpose of paying the costs and
expenses of the improvements described in the report referred to hereinabove for fiscal
year 2003-04.
7. The City Treasurer shall deposit all moneys representing assessments
collected by the County to the credit of a special fund for use in City of Diamond Bar
Assessment District No. 41.
8. The City Clerk is hereby authorized and directed to file the diagram and
assessment with the County Auditor, together with a certified copy of this Resolution
upon its adoption.
K
13. A certified copy of the assessment and diagram shall be filed in the office
of the City Clerk and open for public inspection.
'10. The City Clerk shall certify to the adoption of this Resolution.
ADOPTED AND APPROVED this day of , 2003.
Carol Herrera, Mayor
I, LINDA C. LOWRY, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was passed, approved and adopted at the regular meeting of the
City Council of the City of Diamond Bar held on the day of
2003, by the following Roll Call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
Linda C. Lowry, City Clerk
City of Diamond Bar
3
SHEET 1 OF 1 SHEET
EXHIBIT "A-3"
ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT N0.41
FISCAL YEAR 2003-04
for the
CITY OF DIAMOND BAR
ENGINEER'S REPORT
Update of
ASSESSMENT DISTRICT NO. 41
Fiscal Year 2003-04
CITY OF DIAMOND BAR
Preliminary: May 20, 2003
Prepared by:
GFB-FRIEDRICH & ASSOC., INC.
6529 Riverside Avenue, Suite 230
Riverside, CA 92506
TABLE OF CONTENTS
INTRODUCTION
BOUNDARIES OF DISTRICT
IMPROVEMENTS
Landscaping
FINANCIAL ANALYSIS
Revenue
Appropriations
METHOD OF APPORTIONMENT
ASSESSMENT
ASSESSMENT ROLL
EXHIBITS
Exhibit "A-3" - Assessment Diagram
Exhibit "B-3" - Improvement Map
Page
1
2
3
4
5
6
7
INTRODUCTION
Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in
compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of
1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California.
This report presents the engineering analysis for the 2003-04 Fiscal Year for the district known
as:
ASSESSMENT DISTRICT NO. 41
CITY OF DIAMOND BAR
(Hereinafter referred to as "District").
This District, by special benefit assessments, provides funding for the maintenance of
landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way
within the City of Diamond Bar.
Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied
according to benefit rather than according to assessed value. The section states:
"The net amount to be assessed upon lands within an assessment district may be
apportioned by any formula or method which fairly distributes the net amount among
all assessable lots or parcels in proportion to the estimated special benefits to be
received by each such lot or parcel from the improvements.
The determination of whether or not a lot or parcel will benefit from the improvements
shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with
Section 5000)) [of the Streets and Highways Code, State of California]."
As the assessments are levied on the basis of benefit, they are considered a user's fee, not a
tax, and, therefore, are not governed by Article XIIIA of the California Constitution.
Properties owned by public agencies, such as a city, county, state or the federal government,
are not assessable under pre -Prop 218 law.
Assessment: District No. 41
Engineer's Report — FY 2003-2004
BOUNDARIES OF DISTRICT
The boundary of the District is shown on the Assessment Diagram (on file in the office of the
City Clerk at the City Hall of Diamond Bar as Exhibit "A-3"). All parcels of real property
included within the District are described in detail on maps on file in the Los Angeles County
Assessor's office.
Assessment District No. 41
Engineer's Report — FY 2003-2004
IMPROVEMENTS
The facilities and items of servicing and maintenance included within the District are as
follows:
Landscaping
Servicing means the furnishing of water for the irrigation of any landscaping, the operation of
any fountains, or the maintenance of any other improvements.
Maintenance means the furnishing of services and materials for the ordinary and usual
maintenance, operation and servicing of any improvement, including:
Repair, removal or replacement of all or any part of any landscape improvement.
2. Providing for the life, growth, health and beauty of landscaping, including without
limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease
or injury.
3. The removal of trimmings, rubbish, debris and other solid waste.
The purpose of Assessment District No. 41 is for the maintenance and servicing of mini -parks,
slopes and open spaces within the District. Exhibit "B-3," attached hereto, shows the location
and extent of the landscaping improvements to be maintained by the proceeds from this
assessment district.
Assessment District No. 41
Engineer's Report — FY 2003-2004
FINANCIAL ANALYSIS
The estimated funding for maintenance and servicing of landscaping for the update of
Assessment District No. 41 for the 2003-04 Fiscal Year is as follows:
Revenue:
Appropriation Fund Balance (from FY 2002-03)
Property Tax and Assessments
Interest Revenue
TOTAL
Appropriations:
Personal Services
Salaries
City Paid Benefits
Retirement
Worker's Compensation Expense
Short/Long Term Disability
Medicare Expense
Cafeteria Benefits
Operating Expenses
Advertising
Utilities
Maintenance -Grounds & Bldg
Professional Services
Contract Services
Contract Services
Weed/Pest Abatement
Capital Outlays
Miscellaneous Equipment
Capital Improvements
Reserve for Future Capital Improvements
TOTAL
2003-04
Recommended Budget
$ 356,609
122,157
6,000
$ 484,766
R
16,600
230
2,100
680
110
240
2,730
2,000
72,010
10,000
16,200
31,000
15,000
52,500
240,000
23,366
$ 484,766
* Includes replacement of 15 irrigation controllers/ controller boxes @ $3,500 each.
Assessment. District No. 41 4
Engineer's Report — FY 2003-2004
METHOD OF APPORTIONMENT
The net amount to be assessed upon lands within the District in accordance with this report is
apportioned by a formula and method which fairly distributes the amount among all assessable
lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from
the improvements, namely the maintenance and servicing of public landscaping improvements
within such District. The maintenance and servicing of public landscaping improvements
installed and constructed in public places in the City of Diamond Bar provides a special benefit
which is received by each and every lot or parcel within the District, tending to enhance their
value.
The primary benefits of landscaping are as set forth below:
Beautification of the streets which are used by all of the residents in Diamond Bar.
2. Public parks which can be utilized and enjoyed by all residents within the District.
A sense of community pride resulting from well-maintained green spaces.
4. The enhancement of the value of property which results from the foregoing benefits.
Existing land use information indicates that all of the parcels within the District are residences.
Because the special benefits derived apply equally to all residents and parcels, it has been
determined that all assessable parcels would receive the same net assessment.
Assessment District No. 41
Engineer's Report — FY 2003-2004
ASSESSMENT
The amount to be assessed upon the lots and parcels within the District and the amount
apportioned to each assessable parcel within the District is shown in the table below.
Estimated Assessment Requirements: $122,157
Estimated Number of Parcels:
554
Estimated Assessment Per Parcel: $ 220.50
2002-03 Assessment Per Parcel: $ 220.50
2003-04 Assessment Per Parcel: $ 220.50
Difference: $ 0.00
Assessment District No. 41
Engineer's Report — FY 2003-2004
ASSESSMENT ROLL
The individual 2003-04 assessments, tabulated by Assessor's parcel number, are'shown on an
Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit
"C" and are made a part of this report by reference. (The Assessment Roll is not included in
this report due to its volume.)
Dated: � t/ l� , 2003
GFB-FRIEDRICH & ASSOC., INC.
FR/FO�� `tea
O
�0 77t*� N A. IE H
EEXP
CML
Assessment District No. 41
Engineer's Report — FY 2003-2004
SHEET 1 OF 1 SHEET I
EXHIBIT "A-3"
ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT N0.41
FISCAL YEAR 2003-04
for the
CITY OF DIAMOND BAR
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF DIAMOND
BAR, COUNTY OF LOS ANGELES. STATE OF CALIFORNIA. THIS
DAY OF 20_
cl, CLERK OF THE
CITY OF DIAMOND BAR
FILED IN THE OFFICE OF THF COUNTY AUDITOR, COUNTY OF LOS
ANGELES, STATE OF CALIFORNIA, TIS _ DAY OF
2D_
CITY CLERE OE THE
CITY OF OIAMONO BAR
THE ASSESSMEITNUMEE'R FOR E LOT OR °ARCEL —111 THE
A
IS NE SSESSOR'$ vA Ra, H— AS ASSISNEO SY THE
COUNTY OF LOS ANGELES aESFS50R•5 OFFICE.
THE LINES AND OIMEN&ONS FOR EA,^.H LOT OR PARCEL OF LAND WITHIN
'HE DISTRICT ARE SHO—ON THE ASSESSOR'S FARCEI MAPS ONFILE IN
THE OFFICE OF TIE LOS ANGELES COUNT' ASSEBSOR.
EXHIBIT "B-3"
SHEET 1 OF 1 SHEET
ASSESSMENT DISTRICT N0.41
FISCAL YEAR 2003-04
for the
CITY OF DIAMOND BAR
H-��-t—J
LEGEND
--- ASSESSMENT DISTRICT BOUNDARY
............: BRUSH a.00 AG.E6
�......... �_..,`- SLOPES 12.6A s
TURF 11.—.1
Agenda # 7. 1, 3
Meeting Date: June 17, 2003
TO:
VIA:
Honorable Mayor and Members of the City Council
2
Linda C. Lowry, City Managertuti
TITLE: RESOLUTION NO. 2003 -XX, A RESOLUTION LEVYING AN
ASSESSMENT ON CITY OF DIAMOND BAR LANDSCAPING
ASSESSMENT DISTRICT NO. 41 FOR THE FISCAL YEAR 2003-04.
RECOMMENDATION:
Approve Resolution.
FINANCIAL SUMMARY:
The requested District 41 levy rate of $220.50 per parcel will generate approximately
$122,157 in assessment revenue. The assessment rate remains the same as the rate
applied at the date of incorporation of the City of Diamond Bar. The assessment revenues
shall be deposited in Special Revenue Landscape Fund 141 and shall apply toward the
2003-04 operation, maintenance, capital improvement budget, and reserve for future
improvements. The District budget totals $484,766. The itemized budget for District 41 is
included in the attached Engineer's Report, Financial Analysis, page 4.
BACKGROUND/DISCUSSION:
The landscaping improvements to be maintained by District 41 are the slopes, and open
space areas within the Assessment diagrams as reflected in Exhibit "B-3" of the Engineer's
Report. This reflects a total maintenance area of 15.5 acres. The maintenance and
servicing of public landscaping improvements installed and constructed in public places in
the city provides a special benefit which is received by each and every lot or parcel within
the District, tending to enhance their value. The estimated number of parcels within the
District is 554 parcels.
This proposed assessment has been determined to be exempt from the provisions of
Proposition 218 as set forth in Section 5(b): Any assessment imposed pursuant to a petition
signed by the persons owning all of the parcels subject to the assessment at the time the
assessment is initially imposed.
Prepared By:
Sharon Gomez, Management Analyst
REVIEWED BY:
Da id .Liu Jas DeSt fano
Director of Public Works
Attachments: Resolution No. 2003 -XX
Engineer's Report
Deputy City Manager
2
RESOLUTION NO. 2003
A RESOLUTION LEVYING AN ASSESSMENT ON CITY OF DIAMOND
BAR LANDSCAPING ASSESSMENT DISTRICT NO. 41 FOR THE
FISCAL YEAR 2003-04.
A. RECITALS.
(i) By its Resolution No. 2003-24, this Council approved a report of the City
Engineer related to City of Diamond Bar Landscaping Assessment District No. 41
prepared pursuant to California Streets and Highways Code Section 22623, described
the improvements thereon and gave notice of and fixed the time and place of the
hearing on the question of assessment thereon for fiscal year 2003-04. A diagram of
the area encompassed by said assessment district is attached hereto as Exhibit "A-3."
(ii) Said hearing was duly and properly noticed, commenced at the South
Coast Air Quality Management Auditorium/Government Center, 21865 East Copley
Drive, Diamond Bar, California on June 17, 2003, and was concluded prior to the
adoption of this Resolution.
(iii) All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION.
NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby
find, determine and order as follows:
1. The Recitals, as set forth in Part A of this Resolution, are in all respects
true and correct.
2. This Council hereby expressly overrules any and all protests filed
objecting to the proposed improvements specified herein or the assessment levied
therefor.
1
3. Based upon its review of the report of the City Engineer referred to
hereinabove, and other reports and information, the City Council hereby finds that (i)
the land within the said District will be benefitted by the improvements specified in said
report, (ii) said District includes all of the lands so benefitted, and (iii) the net amount to
be assessed upon the lands within said District for the 2003-04 fiscal year, in
accordance with said report, is apportioned by a formula and method which fairly
distributes the net amount among all assessable lots or parcels in proportion to the
estimated benefits to be received by each such lot or parcel from the improvements
4. The improvements specified in the report hereinabove referred to which is
on file with the City Clerk of the City of Diamond Bar are hereby ordered to be
completed.
5. The assessment diagram contained in the report referred to hereinabove
and the assessment of $220.50 for each assessable lot located within said District are
hereby adopted and confirmed and said assessment hereby is levied for the 2003-04
fiscal year.
6. The assessment is in compliance with the provisions of the Act, and the
City Council has complied with all laws pertaining to the levy of an annual assessment
pursuant to the Act. The assessment is levied for the purpose of paying the costs and
expenses of the improvements described in the report referred to hereinabove for fiscal
year 2003-04.
7. The City Treasurer shall deposit all moneys representing assessments
collected by the County to the credit of a special fund for use in City of Diamond Bar
Assessment District No. 41.
8. The City Clerk is hereby authorized and directed to file the diagram and
assessment with the County Auditor, together with a certified copy of this Resolution
upon its adoption.
2
9. A certified copy of the assessment and diagram shall be filed in the office
of the City Clerk and open for public inspection.
'10. The City Clerk shall certify to the adoption of this Resolution.
ADOPTED AND APPROVED this day of , 2003.
Carol Herrera, Mayor
I, LINDA C. LOWRY, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was passed, approved and adopted at the regular meeting of the
City Council of the City of Diamond Bar held on the day of
, 2003, by the following Roll Call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
Linda C. Lowry, City Clerk
City of Diamond Bar
3
EXHIBIT "A-3"
ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT NO.41
FISCAL YEAR 2003-04
for the
CITY OF DIAMOND BAR
cemm
SCALE I. 300
THE ASSESSMENT NUMBER FOR EACH LOT OR PARCEL WITHIN THE
DISTRICT IS THE ASSESSCR'S PARCEL NUMBER AS ASSIGNED BY THE
COUNTY OF LOS ANGELES ASSESSOR'S OFFICE
THE LINES AND DIMENSIONS FOR EACH LOT OR PARCEL OF LAND WITHIN
THE DISTRICT ARE SHOWN ON THE ASSESSORS PARCEL MAPS OMFILE IN
THE OFFICE OF THE LOS ANGELES COUNTY ASSESSOR
BASE NAP CONTEST OF
TIE CITY OF ONMpO BAR
SHEET 1 OF 1 SHEET
FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF DIAMOND
BAR. COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, THIS _
OAY OF, 20_
CITY CLERK OF THE
CITY OF DIAMOND BAR
FILED IN THE OFFICE OF THE COUNTY AUDITOR, COUNTY OF L05
ANGELES, STATE OF CALIFORNIA, THIS _ DAY OF
20 -
CITY CLERK OF THE
CITY OF DIAMOND BAR
ENGINEER'S REPORT
Update of
ASSESSMENT DISTRICT NO. 41
Fiscal Year 2003-04
CITY OF DIAMOND BAR
Preliminary: May 20, 2003
Prepared by:
GFB-FRIEDRICH & ASSOC., INC.
6529 Riverside Avenue, Suite 230
Riverside, CA 92506
TABLE OF CONTENTS
Page
INTRODUCTION 1
BOUNDARIES OF DISTRICT 2
IMPROVEMENTS 3
Landscaping
4
FINANCIAL ANALYSIS
Revenue
Appropriations
5
METHOD OF APPORTIONMENT
ASSESSMENT 6
ASSESSMENT ROLL 7
EXHIBITS
Exhibit "A-3" - Assessment Diagram
Exhibit "B-3" - Improvement Map
INTRODUCTION
Pursuant to the order of the City Council of the City of Diamond Bar, this report is prepared in
compliance with the requirements of Article 4, Chapter 1, Landscaping and Lighting Act of
1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California.
This report presents the engineering analysis for the 2003-04 Fiscal Year for the district known
as:
ASSESSMENT DISTRICT NO. 41
CITY OF DIAMOND BAR
(Hereinafter referred to as "District").
This District, by special benefit assessments, provides funding for the maintenance of
landscaped areas owned by the City of Diamond Bar which are located in public rights-of-way
within the City of Diamond Bar.
Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be levied
according to benefit rather than according to assessed value. The section states:
"The net amount to be assessed upon lands within an assessment district may be
apportioned by any formula or method which fairly distributes the net amount among
all assessable lots or parcels in proportion to the estimated special benefits to be
received by each such lot or parcel from the improvements.
The determination of whether or not a lot or parcel will benefit from the improvements
shall be made pursuant to the Improvement Act of 1911 (Division 7 (commencing with
Section 5000)) [of the Streets and Highways Code, State of California]. "
As the assessments are levied on the basis of benefit, they are considered a user's fee, not a
tax, and, therefore, are not governed by Article XIIIA of the California Constitution.
Properties owned by public agencies, such as a city, county, state or the federal government,
are not assessable under pre -Prop 218 law.
Assessment District No. 41
Engineer's Report - FY 2003-2004
BOUNDARIES OF DISTRICT
The boundary of the District is shown on the Assessment Diagram (on file in the office of the
City Clerk at the City Hall of Diamond Bar as Exhibit "A -Y). All parcels of real property
included within the District are described in detail on maps on file in the Los Angeles County
Assessor's office.
Assessment District No. 41 2
Engineer's Report - FY 2003-2004
IMPROVEMENTS
The facilities and items of servicing and maintenance included within the District are as
follows:
Landscaping
Servicing means the furnishing of water for the irrigation of any landscaping, the operation of
any fountains, or the maintenance of any other improvements.
Maintenance means the furnishing of services and materials for the ordinary and usual
maintenance, operation and servicing of any improvement, including:
1. Repair, removal or replacement of all or any part of any landscape improvement.
2. Providing for the life, growth, health and beauty of landscaping, including without
limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for disease
or injury.
3. The removal of trimmings, rubbish, debris and other solid waste.
The purpose of Assessment District No. 41 is for the maintenance and servicing of mini -parks,
slopes and open spaces within the District. Exhibit "B-3," attached hereto, shows the location
and extent of the landscaping improvements to be maintained by the proceeds from this
assessment district.
Assessment District No. 413
Engineer's Report - FY 2003-2004
FINANCIAL ANALYSIS
The estimated funding for maintenance and servicing of landscaping for the update of
Assessment District No. 41 for the 2003-04 Fiscal Year is as follows:
2003-04
Recommended Budget
Revenue:
Appropriation Fund Balance (from FY 2002-03) $ 356,609
Property Tax and Assessments 122,157
Interest Revenue 6,000
TOTAL $ 484,766
Appropriations:
Personal Services
$ 16,600
Salaries
City Paid Benefits 230
Retirement 2,100
Worker's Compensation Expense 680
Short/Long Term Disability 110
Medicare Expense 240
Cafeteria Benefits 2,730
Operating Expenses
2,000
Advertising
Utilities 72,010
Maintenance -Grounds & Bldg 10,000
Professional Services 16,200
Contract Services
31,000
Contract Services
Weed/Pest Abatement 15,000
Capital Outlays
52,500
Miscellaneous Equipment
Capital Improvements 240,000
Reserve for Future Capital Improvements 23,366
TOTAL $ 484,766
* Includes replacement of 15 irrigation controllers/ controller boxes @ $3,500 each.
Assessment District No. 414
Engineer's Report - FY 2003-2004
METHOD OF APPORTIONMENT
The net amount to be assessed upon lands within the District in accordance with this report is
apportioned by a formula and method which fairly distributes the amount among all assessable
lots or parcels in proportion to the estimated benefits to be received by each lot or parcel from
the improvements, namely the maintenance and servicing of public landscaping improvements
within such District. The maintenance and servicing of public landscaping improvements
installed and constructed in public places in the City of Diamond Bar provides a special benefit
which is received by each and every lot or parcel within the District, tending to enhance their
value.
The primary benefits of landscaping are as set forth below:
1. Beautification of the streets which are used by all of the residents in Diamond Bar.
2. Public parks which can be utilized and enjoyed by all residents within the District.
3. A sense of community pride resulting from well-maintained green spaces.
4. The enhancement of the value of property which results from the foregoing benefits.
Existing land use information indicates that all of the parcels within the District are residences.
Because the special benefits derived apply equally to all residents and parcels, it has been
determined that all assessable parcels would receive the same net assessment.
Assessment District No. 41 5
Engineer's Report - FY 2003-2004
ASSESSMENT
The amount to be assessed upon the lots and parcels within the District and the amount
apportioned to each assessable parcel within the District is shown in the table below.
Estimated Assessment Requirements: $122,157
Estimated Number of Parcels: 554
Estimated Assessment Per Parcel: $ 220.50
2002-03 Assessment Per Parcel: $ 220.50
2003-04 Assessment Per Parcel: $ 220.50
Difference: $ 0.00
Assessment District No. 416
Engineer's Report - FY 2003-2004
ASSESSMENT ROLL
The individual 2003-04 assessments, tabulated by Assessor's parcel number, are 'shown on an
Assessment Roll on file in the Office of the City Clerk of the City of Diamond Bar as Exhibit
"C" and are made a part of this report by reference. (The Assessment Roll is not included in
this report due to its volume.)
Dated:
, 2003
GFB-FRIEDRICH & ASSOC., INC.
Assessment District No. 41
Engineer's Report - FY 2003-2004
7
EXHIBITS
EXHIBIT "A-3"
ASSESSMENT DIAGRAM
ASSESSMENT DISTRICT NO.41
FISCAL YEAR 2003-04
for the
CITY OF DIAMOND BAR
SCALE I" . 300
THE ASSESSMENT NUMBER FOR EACH LOT OR PARCEL WITHIN THE
DISTRICT IS THE ASSESSOR'S PARCEL NUMBER AS ASSIGNED BY THE
COUNTY OF LOS ANGELES ASSESSOR'S OFFICE
THE LINES AND DIMENSIONS FOR EACH LOT OR PARCEL OF LAND WITHIN
THE DISTRICT ARE SHOWN ON THE ASSESSORS PARCEL MAPS ONFILE IN
THE OFFICE OF THE LOS ANGELES COUNTY ASSESSOR
MASS YAP COEMTEST OF
THE CRY OF DNM010 BAR
cm
SHEET 1 OF I SHEET
7 FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY OF DIAMOND
BAR, COUNTY OF LOS ANGELES. STATE OF CALIFORNIA, THIS
DAY OF 20_
CITY CLERK OF THE
CITY OF DIAMOND BAR
FILED IN THE OFFICE OF THE COUNTY AUDITOR, COUNTY OF LOS
ANGELES. STATE OF CALIFORNIA, THIS — DAY OF
20
CITY CLERK OF THE
CITY OR DIAMOND BAR
EXHIBIT � � B-3"
ASSESSMENT DISTRICT N0.41
FISCAL YEAR 2003 - 04
for the
CITY OF DIAMOND BAR
--m
SCALE: I" , SOC'
'BASE MAP COINiEBY OF
YIIE Cm' OF OWM011B BAR
'Or -A Ir T--3 T -r I V,
:w i —,r— — Ku rruc r—+vi--
fit r--..( if I 1—
LEGEND
SHEET 1 OF 1 SHEET
--- ASSESSMENT DISTRICT BOUNDARY
,,,, ....... is BRUSH a.00 AOBEs
SLOPES 12.06 ACRE6
TURF I],600 9F.
"i B-FRIEDRICH
Agenda # 1 (;4)
Meeting Date: June 17, 2003
CITY COUNCIL AGENDA REPORT
l�gg i
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manage X��
TITLE: Approval and adoption of the FY03-04 City of Diamond Bar Proposed Municipal Budget
RECOMMENDATION:
Adopt Resolution 03 -XX — "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, 2003 AND ENDING JUNE 30, 2004, INCLUDING
MAINTENANCE AND OPERATIONS, SPECIAL FUNDS AND CAPITAL IMPROVEMENTS AND
APPROPRIATING FUNDS FOR ACCOUNTS, DEPARTMENTS, DIVISIONS, OBJECTS AND
PURPOSES THEREIN SET FORTH" amending the City Manager Proposed FY03-04 Budget as
directed by City Council in this public meeting.
FINANCIAL IMPACT:
The document as submitted reflects General Fund Estimated Resources of $14,158,724 with
anticipated appropriations of $13,119,270. This results in an increase of $1,039,454 to the General
Fund reserves from annual operations. In addition to the annual appropriations, the proposed budget
reflects a transfer of $1,824,120 in General Fund reserves to the Capital Improvement Projects Fund
to assist in the construction of several capital improvement projects. If approved, the FY03-04
Municipal Budget anticipates an ending General Fund fund balance of $18,935,957. The proposed
budget also includes a Capital Improvement program that amounts to $7,183,413. In addition there
are spending plans for the various Special Revenue Funds and Internal Service Funds.
BACKGROUND:
Each year the City Manager prepares and submits a preliminary municipal budget for review and
adoption. This year the proposed budget was presented to the Finance Sub -Committee at its
meeting on May 6, 2003, and has been discussed at various City Council study sessions and
meetings during the months of May and June 2003. During these discussions an emphasis was
placed on adopting a conservative budget that could absorb possible State cuts in funding.
To that end a General Fund spending plan was prepared that could sustain a $1,000,000 reduction in
State subventions.
DISCUSSION:
The attached budget document presents an operating plan that permits the City to live within a
reasonable estimate of revenues while continuing to provide community programs and services to the
residents of the City of Diamond Bar, including making planned improvements to infrastructure and
facilities.
The budget as presented has taken into consideration the very real possibility that there may be State
funding cuts. As a result there are several items that have been placed on hold pending the outcome
of the State budget crisis. These items include:
Neighborhood Traffic Safety Study
Tree Planting and Trimming
General Plan Revision
Strategic Plan
Trade Advertising (Econ Develpmt)
Sr Neighborhood Imp Ofcr
Cable Video Professional Service
$100,000
100,000
100,000
15,000
5,000
79,000 (replaced w/ PT Nbrhd Imp Ofcr - $25,000)
10,000
Once the State Budget crisis is resolved, these items will be re-evaluated and reconsidered for
inclusion back into the operating plan of the City.
Items of Note Included in the Budget:
Personnel Changes:
Cost of Living Adjustment (COLA) — a 3.0 percent COLA has been applied. This is based on the CPI
as provided through the U.S. Department of Labor and California Department of Finance.
Cafeteria Benefit — Due to ever increasing cost of PERS health care insurance costs, the cafeteria
benefit has been increased by $25 and now stands at $770/month and $800/month for exempt
employees and City Council.
Staffing of the Community/Senior Center — It is anticipated that the Community/Senior Center will be
completed in early 2004. As a result, the proposed budget includes funds to staff and maintain the
facility for one half of the year.
Environmental Services Staffing and Improved Customer Service — The budget includes an additional
Senior Management Analyst position and Intern position for the Public Works Division. These
positions will assist in bringing many of the environmental services functions in-house from the
current contractor.
K
Community/Senior Center
The Capital Improvement Project Budget includes two items for the Community/Senior Center. There
is a line item for construction in the amount of $879,000. This represents the outstanding amount of
the contingency which was built into the construction contract approved and awarded by the City
Council to KPRS Construction and the additional funds awarded to MTGL. The other line item in the
amount of $354,200 is for the purchase of furniture, fixtures and equipment for the facility. These
items will be funded through a combination of Park and Facility Development Funds and General
Fund reserves.
Street Signs
The City Council has as one of its goals, the beautification of the City. In an effort to address this
goal, a new City Logo street sign was designed. During Fiscal Year 2003, the City started a program
to replace all of the City street signs with the new signs. It was anticipated that this effort would take
several years to complete. During the budget study sessions, it was decided that additional funds
should be incorporated into the budget in order to complete the balance of the City during FY03-04.
This document includes these funds.
City Manager's Compensation
The current proposed budget does not include an increase in the City Manager's compensation. The
City Manager evaluation sub -committee has recommended that the adopted budget include an
additional appropriation of $6,150, to allow for an increase of 5% to the City Manager's annual salary.
PREPARED BY:
Linda G. Magnuson
REVIEWED BY:
Depar*n6nt Head
Attachments:
Resolution #03 -XX
Fiscal Year 2003-2004 Annual Budget (proposed)
Oko
Deputy City anager
A. Recitals
RESOLUTION NO. 2003-
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, 2003
AND ENDING JUNE 30, 2004 INCLUDING MAINTENANCE AND
OPERATIONS, SPECIAL FUNDS AND CAPITAL IMPROVEMENTS
AND APPROPRIATING FUNDS FOR ACCOUNTS, DEPARTMENTS,
DIVISIONS, OBJECTS AND PURPOSES THEREIN SET FORTH.
(i) The City Manager has heretofore prepared and presented to this City Council a
proposed budget for the City's fiscal year 2003-2004, including staffing and position allocations,
maintenance and operations, special funds and capital improvements, including appropriations
therefor (referred to the "Budget" sometimes hereinafter).
(ii) The Planning Commission of the City of Diamond Bar has heretofore publicly
reviewed the proposed capital improvements specified in the Budget and has rendered to the City
Council its report thereon concerning conformity of the capital improvement program with the City's
contemplated general plan, all as required by California Government Code Section 65401. Copies of
the Budget are on file in the office of the City Clerk labeled "City of Diamond Bar 2003-2004 Budget"
and said Budget hereby is made a part of this Resolution.
(iii) The City Council has conducted public meetings on the entirety of the fiscal year
2003-04 Budget and concluded said meetings prior to the adoption of this Resolution.
(iv) All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION.
NOW THEREFORE, the City Council of the City of Diamond Bar does hereby find,
determine and resolve as follows:
1. In all respects, as set forth in the Recitals, Part A, of this Resolution.
2. The City Council hereby finds and determines that the capital improvement program
set forth in the Budget, and each project identified therein, is categorically exempt from the
requirements of the California Environmental Quality Act of 1970, as amended, and the guidelines
promulgated thereunder pursuant to Section 15301 of Division 6 of Title 14 of the California Code of
Regulations.
3. The Budget, including the changes enumerated and directed to be made by the City
Council during the course of the public meeting conducted by the City Council, hereby is adopted as
the Budget of the City of Diamond Bar for the fiscal year commencing July 1, 2003 and ending June
30, 2004 and consisting of the estimated and anticipated expenditures and revenues for that fiscal
year.
4. 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. 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.
5. Subject to further provision of this Resolution, the appropriations made above
constitute the maximum amount authorized for obligation and expenditure by the City Manager for
respective departments, divisions and objects as set forth in the Budget. Each department head shall
be responsible, as well as the City Manager, for seeing that said maximum amounts are not
exceeded.
6. No warrant shall be issued nor shall any indebtedness be incurred which exceeds
the unexpended balance of the fund and department appropriations herein above authorized unless
such appropriations shall have been amended by a supplemental appropriation duly enacted by the
City Council, or by individual appropriations within any aforesaid fund or department therein, except
insofar as the City Manager may authorized transfers pursuant to this Resolution.
7. Within the various funds and departments contained in the Budget, the City Manager
is authorized to employ, during the fiscal year covered by said Budget, the number and classification
of such full time employees as are shown in the Budget all subject to the provisions of the City's
classification and compensation plans as amended and adopted by the City Council. Part time and
seasonal employees are authorized as necessary by the City Manager provided that the total to be
obligated and expended within any fund and department set forth in the Budget, with respect to
salaries and wages therefor, shall not exceed the budgeted and appropriated amount, as the same
may be amended by the City Council, from time to time.
8. The City Manager hereby is authorized to transfer funds appropriated hereby or by
supplemental appropriation as follows: With respect to those classifications designated by 04,14�}
serie,1000 series, 2000 series, 4000 series, 5000 series and code 6000 series, the City Manager
may transfer amounts between and within those classifications, but only within a department or fund.
9. The City Clerk shall certify to the adoption of this Resolution.
PASSED, ADOPTED AND APPROVED this day of , 2003.
Carol Herrera, Mayor
I, Linda C. Lowry, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing
Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of
Diamond Bar held on the day of , 2003, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
Linda C. Lowry, City Clerk of the
City of Diamond Bar
Agenda # $ 1 (a)
Meeting Date: June 17, 2003
TO:
Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manage
TITLE: Approval and adoption of the FY03-04 City of Diamond Bar Proposed Municipal Budget
RECOMMENDATION:
Adopt Resolution 03 -XX - "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, 2003 AND ENDING JUNE 30, 2004, INCLUDING
MAINTENANCE AND OPERATIONS, SPECIAL FUNDS AND CAPITAL IMPROVEMENTS AND
APPROPRIATING FUNDS FOR ACCOUNTS, DEPARTMENTS, DIVISIONS, OBJECTS AND
PURPOSES THEREIN SET FORTH" amending the City Manager Proposed FY03-04 Budget as
directed by City Council in this public meeting.
FINANCIAL IMPACT:
The document as submitted reflects General Fund Estimated Resources of $14,158,724 with
anticipated appropriations of $13,119,270. This results in an increase of $1,039,454 to the General
Fund reserves from annual operations. In addition to the annual appropriations, the proposed budget
reflects a transfer of $1,824,120 in General Fund reserves to the Capital Improvement Projects Fund
to assist in the construction of several capital improvement projects. If approved, the FY03-04
Municipal Budget anticipates an ending General Fund fund balance of $18,935,957. The proposed
budget also includes a Capital Improvement program that amounts to $7,183,413. In addition there
are spending plans for the various Special Revenue Funds and Internal Service Funds.
BACKGROUND:
Each year the City Manager prepares and submits a preliminary municipal budget for review and
adoption. This year the proposed budget was presented to the Finance Sub -Committee at its
meeting on May 6, 2003, and has been discussed at various City Council study sessions and
meetings during the months of May and June 2003. During these discussions an emphasis was
placed on adopting a conservative budget that could absorb possible State cuts in funding.
I
To that end a General Fund spending plan was prepared that could sustain a $1,000,000 reduction in
State subventions.
DISCUSSION:
The attached budget document presents an operating plan that permits the City to live within a
reasonable estimate of revenues while continuing to provide community programs and services to the
residents of the City of Diamond Bar, including making planned improvements to infrastructure and
facilities.
The budget as presented has taken into consideration the very real possibility that there may be State
funding cuts. As a result there are several items that have been placed on hold pending the outcome
of the State budget crisis. These items include:
Neighborhood Traffic Safety Study
Tree Planting and Trimming
General Plan Revision
Strategic Plan
Trade Advertising (Econ Develpmt)
Sr Neighborhood Imp Ofcr
Cable Video Professional Service
$100,000
100,000
100,000
15,000
5,000
79,000 (replaced w/ PT Nbrhd Imp Ofcr - $25,000)
10,000
Once the State Budget crisis is resolved, these items will be re-evaluated and reconsidered for
inclusion back into the operating plan of the City.
Items of Note Included in the Budget:
Personnel Changes:
Cost of Living Adjustment (COLA) - a 3.0 percent COLA has been applied. This is based on the CPI
as provided through the U.S. Department of Labor and California Department of Finance.
Cafeteria Benefit - Due to ever increasing cost of PERS health care insurance costs, the cafeteria
benefit has been increased by $25 and now stands at $770/month and $800/month for exempt
employees and City Council.
Staffing of the Community/Senior Center - It is anticipated that the Community/Senior Center will be
completed in early 2004. As a result, the proposed budget includes funds to staff and maintain the
facility for one half of the year.
Environmental Services Staffing and Improved Customer Service - The budget includes an additional
Senior Management Analyst position and Intern position for the Public Works Division. These
positions will assist in bringing many of the environmental services functions in-house from the
current contractor.
2
Community/Senior Center
The Capital Improvement Project Budget includes two items for the Community/Senior Center. There
is a line item for construction in the amount of $879,000. This represents the outstanding amount of
the contingency which was built into the construction contract approved and awarded by the City
Council to KPRS Construction and the additional funds awarded to MTGL. The other line item in the
amount of $354,200 is for the purchase of furniture, fixtures and equipment for the facility. These
items will be funded through a combination of Park and Facility Development Funds and General
Fund reserves.
Street Signs
The City Council has as one of its goals, the beautification of the City. In an effort to address this
goal, a new City Logo street sign was designed. During Fiscal Year 2003, the City started a program
to replace all of the City street signs with the new signs. It was anticipated that this effort would take
several years to complete. During the budget study sessions, it was decided that additional funds
should be incorporated into the budget in order to complete the balance of the City during FY03-04.
This document includes these funds.
City Manager's Compensation
The current proposed budget does not include an increase in the City Manager's compensation. The
City Manager evaluation sub -committee has recommended that the adopted budget include an
additional appropriation of $6,150, to allow for an increase of 5% to the City Manager's annual salary.
PREPARED BY:
Linda G. Magnuson
REVIEWED BY:
Depart nt Head
Deputy Citylcianager
Attachments:
Resolution #03 -XX
Fiscal Year 2003-2004 Annual Budget (proposed)
3
RESOLUTION NO. 2003
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, 2003
AND ENDING JUNE 30, 2004 INCLUDING MAINTENANCE AND
OPERATIONS, SPECIAL FUNDS AND CAPITAL IMPROVEMENTS
AND APPROPRIATING FUNDS FOR ACCOUNTS, DEPARTMENTS,
DIVISIONS, OBJECTS AND PURPOSES THEREIN SET FORTH.
A. Recitals
(i)
The City Manager has heretofore prepared and presented to this City Council a
proposed budget for the City's fiscal year 2003-2004, including staffing and position allocations,
maintenance and operations, special funds and capital improvements, including appropriations
therefor (referred to the "Budget" sometimes hereinafter).
(ii) The Planning Commission of the City of Diamond Bar has heretofore publicly
reviewed the proposed capital improvements specified in the Budget and has rendered to the City
Council its report thereon concerning conformity of the capital improvement program with the City's
contemplated general plan, all as required by California Government Code Section 65401. Copies of
the Budget are on file in the office of the City Clerk labeled "City of Diamond Bar 2003-2004 Budget"
and said Budget hereby is made a part of this Resolution.
(iii) The City Council has conducted public meetings on the entirety of the fiscal year
2003-04 Budget and concluded said meetings prior to the adoption of this Resolution.
(iv) All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION.
NOW THEREFORE, the City Council of the City of Diamond Bar does hereby find,
determine and resolve as follows:
1. In all respects, as set forth in the Recitals, Part A, of this Resolution.
2. The City Council hereby finds and determines that the capital improvement program
set forth in the Budget, and each project identified therein, is categorically exempt from the
requirements of the California Environmental Quality Act of 1970, as amended, and the guidelines
promulgated thereunder pursuant to Section 15301 of Division 6 of Title 14 of the California Code of
Regulations.
3. The Budget, including the changes enumerated and directed to be made by the City
Council during the course of the public meeting conducted by the City Council, hereby is adopted as
the Budget of the City of Diamond Bar for the fiscal year commencing July 1, 2003 and ending June
30, 2004 and consisting of the estimated and anticipated expenditures and revenues for that fiscal
year.
4. 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. 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.
5. Subject to further provision of this Resolution, the appropriations made above
constitute the maximum amount authorized for obligation and expenditure by the City Manager for
respective departments, divisions and objects as set forth in the Budget. Each department head shall
be responsible, as well as the City Manager, for seeing that said maximum amounts are not
exceeded.
6. No warrant shall be issued nor shall any indebtedness be incurred which exceeds
the unexpended balance of the fund and department appropriations herein above authorized unless
such appropriations shall have been amended by a supplemental appropriation duly enacted by the
City Council, or by individual appropriations within any aforesaid fund or department therein, except
insofar as the City Manager may authorized transfers pursuant to this Resolution.
7'. Within the various funds and departments contained in the Budget, the City Manager
is authorized to employ, during the fiscal year covered by said Budget, the number and classification
of such full time employees as are shown in the Budget all subject to the provisions of the City's
classification and compensation plans as amended and adopted by the City Council. Part time and
seasonal employees are authorized as necessary by the City Manager provided that the total to be
obligated and expended within any fund and department set forth in the Budget, with respect to
salaries and wages therefor, shall not exceed the budgeted and appropriated amount, as the same
may be amended by the City Council, from time to time.
8. The City Manager hereby is authorized to transfer funds appropriated hereby or by
supplemental appropriation as follows: With respect to those classifications designated by code 0000
series,1000 series, 2000 series, 4000 series, 5000 series and code 6000 series, the City Manager
may transfer amounts between and within those classifications, but only within a department or fund.
9. The City Clerk shall certify to the adoption of this Resolution.
PASSED, ADOPTED AND APPROVED this day of , 2003.
Carol Herrera, Mayor
I, Linda C. Lowry, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing
Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of
Diamond Bar held on the day of , 2003, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
Linda C. Lowry, City Clerk of the
City of Diamond Bar
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
Agenda # a J1 t h t
Meeting Date: June 17, 2003
AGENDA REPORT
VIA: Linda C. Lowry, City Manage
TITLE: Review and approve Resolution No: 2003 -XX which adopts the FY 2003-
2004 Investment Policy.
RECOMMENDATION:
It is recommended that City Council review and approve Resolution No: 2003 -XX which
adopts the FY 2003-2004 Investment Policy.
FINANCIAL IMPACT:
None
DISCUSSION:
Submitted for Council's review and approval is the FY 2003-04 Investment Policy and its
accompanying resolution. The proposed investment policy states the goals of the City's
investment activities, the types of investments in which the City will invest funds, and
the monthly reporting requirements.
The FY 2003-04 Investment Policy is the same as the City's prior year's investment
policy.
The attached investment policy was drafted in accordance with the Government
Finance Officers Association (GFOA) investment policy outline and model. The City as
part of its investment policy, requires all broker/dealers to complete a questionnaire and
provide information on their portfolios and investment policies. The broker/dealer
questionnaire was adapted from a questionnaire that was provided by the City's auditing
firm of Conrad and Associates. Additionally, the proposed investment policy has been
reviewed and approved by the City's auditors.
It should be noted that the City continues to invest in the State Treasurer's Local
Agency Investment Fund. The investment goals and practices of LAIF are in
concurrence with the City's investment goals and objectives. Attached, as Exhibit B is a
description of the LAIF program.
PREPARED BY:
Linda G. Magnuson, Finance Director
REVIEWED BY:
DepaAr6bnt Head
Attachments:
Resolution No: 2003 -XX
Investment Policy
Ow
Deputy City Manager
RESOLUTION NO: 2003-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING THE
STATEMENT OF INVESTMENT
WHEREAS, it is the City's policy to annually adopt the City investment policy,
and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
HEREBY RESOLVES, that the attached Statement of Investment Policy (Exhibit A) be
adopted as presented herein.
PASSED, ADOPTED AND APPROVED THIS day of 12003
Carol H. Herrera, Mayor
I, LINDA C. LOWRY, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was passed, approved and adopted at a 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:
ABSTAIN: COUNCIL MEMBERS:
ATTEST:
Linda C.Lowry
City Clerk of the City of Diamond Bar
EXHIBIT A
CITY OF DIAMOND BAR
INVESTMENT POLICY - FY 2003-04
PURPOSE
This Statement is intended to provide guidelines for the prudent investment of the City's
temporarily idle cash and to outline the policies for maximizing the efficiency of the
City's cash management system. The ultimate goal is to enhance the economic status
of the City while protecting it's accumulated cash.
It is the policy of the City Council to review, update and adopt the City's Investment
Policy on an annual basis.
INVESTMENT OBJECTIVE
The investment of funds of the City of Diamond Bar is directed to the goals of safety,
liquidity and yield. The authority governing investments for municipal governments is
set forth in the Government Code, Sections 53601, et. seq.
1. Safely. Safety of principal is the foremost objective of the investment
program. Investments shall be undertaken in a manner that seeks to ensure the
preservation of capital in the overall portfolio. The objective will be to mitigate
credit risk and interest rate risk. The City will operate only in those investments
that are considered very safe.
A. Credit Risk is the risk of loss due to the failure of the security issuer or
backer. Credit risk will be mitigated by:
Limiting investments to the safest types of securities;
Pre -qualifying the broker-dealers with which the City will do business. This
will be done via a competitive bid and the response on a questionnaire
(Appendix B) submitted by the prospective institution. In addition broker-
dealers should be primary, registered investment securities dealers;
Diversifying the investment portfolio in order that potential losses on
individual securities do not exceed the income generated from the
remainder of the portfolio.
B. Interest Rate Risk is the risk that the market value of portfolio securities will
fall due to a change in general interest rates. Interest rate risk will be
mitigated by:
Structuring the investment portfolio so that securities mature to meet cash
requirements for ongoing operations, thereby avoiding the need to sell
securities on the open market prior to their maturation to meet specific
operational needs;
Operating funds will be invested primarily in shorter term securities.
PAGE 2 - Investment Policy
2. Liquidity. The investment portfolio will remain sufficiently liquid to meet all operating
requirements which might be reasonably anticipated. This is accomplished by
structuring the portfolio so that securities mature at the same time as cash is needed to
meet anticipated demands. Additionally, since all possible cash demands cannot be
anticipated, the portfolio will consist largely of securities with active secondary or resale
markets.
3. Yield. Yield is the potential dollar earnings an investment can provide and
sometimes is described as the rate of return. The primary objective of the investment
policy of the City of Diamond Bar is SAFETY. Investments shall be undertaken to
ensure the preservation of capital in the overall portfolio. The investment portfolio shall
be designed with the objective of attaining a market rate of return throughout budgetary
and economic cycles, taking into account the investment risk constraints and cash flow
characteristics of the portfolio. Return on investment is of least importance compared to
the safety and liquidity objectives described above. Investments are limited to relatively
low risk securities in anticipation of earning a fair return relative to the risk being
assumed. Securities shall not be sold prior to maturity unless one of the following
conditions exists: 1) a declining credit security could be sold early to minimize loss of
principal; 2) a security swap would improve the quality of yield in the portfolio; or 3)
liquidity needs of the portfolio require that a security be sold.
POLICY
As a General Law city, Diamond Bar operates its accumulated idle cash investments
under the prudent man rule. This insures that "...investment shall be made with the
exercise of that degree of judgement and care, under circumstances then prevailing,
which persons of prudence, discretion and intelligence exercise in the management of
their own affairs, not for speculation but for investment considering the probable safety
of their capital as well as the probable income to be derived." (CC #2261) This affords
the City a broad spectrum of investment opportunities, so long as the investment is
deemed prudent and is allowable under current law of the State of California and the
regulations of the City of Diamond Bar.
The City of Diamond Bar strives to maintain the level of investment of all funds as near
100% as possible, through daily and projected cash flow determinations. Cash
management and investment transactions are the responsibility of the Treasurer.
Investments are allowed in the following media:
United States treasury bills, bonds, notes or any other obligations or securities issued
by the United States treasury or any other obligation guaranteed as to principal and
interest by the United States.
Local Agency Investment Fund (state pool) - Demand Deposits
Certificates of Deposit (or Time Deposits), placed with commercial banks and/or
savings banks.
Negotiable Certificates of Deposit
Bankers Acceptances
Commercial Paper
PAGE 3 - Investment Policy
Medium Term Corporate Notes
Passbook Savings Accounts
Active Deposits
Money Market Funds comprised of investments rated in the highest category by
Moody's Investors Services Inc. or by Standard & Poor's Corporation.
Repurchase Agreements
Prohibited investments include securities not listed above(unless authorized pursuant to
section 53601 (L)), as well as inverse floaters, range notes, interest only strips derived
from a pool of mortgages (Collateralized Mortgage Obligations), and any security that
could result in zero interest accrual if held to maturity, as specified in Section 53601.6.
(Zero interest accrual means the security has the potential to realize zero interest
depending upon the structure of the security. Zero coupon bonds and similar
investments that start at a level below the face value are legal because their value does
increase.)
Government and agency paper are the highest quality investments available in terms of
safety and liquidity. Certificates of deposit and savings accounts are insured or
collateralized. Only commercial paper, with A-1 Moody's and P-1 Standard & Poor's
ratings, is authorized for purchase.
Most investments are highly liquid, with the exception of collateralized and insured
certificates of deposit held by banks and savings banks. Maturities are selected to
anticipate cash needs, thereby eliminating the need for forced liquidation.
Effective January 1, 1989 the Government Code, Section 53601 states..."no investment
shall be made in any security, other than a security underlying a repurchase or reverse
repurchase agreement authorized by this section, which at the time of the investment
has a term remaining to maturity in excess of five years, unless the legislative body has
granted express authority to make that investment either specifically or as a part of an
investment program approved no less than three months prior to the investment."
Therefore longer-term investments (over one year) are limited to maturities of five years
or less unless specifically approved by the City Council.
Diamond Bar attempts to obtain the highest yield possible when selecting investments,
provided that the criteria for safety and liquidity are met. Ordinarily, through a positive
yield curve, (i.e., longer term investment rates are higher than those of shorter term
maturities), the City attempts to ladder its maturities to meet anticipated cash needs in
such a way that longer term investments carry a higher rate than is available in the
extremely short term market of 30 days or less.
The City is authorized to invest in the Local Agency Investment Fund based upon
periodic reviews of the book to market value of the investment pool and an annual
review of the goals and strategies of the investment board. If there are changes in the
management of the Local Agency Investment Fund, and there is a conflict with the
City's investment goals, the City may elect to discontinue investment in LAIF.
It should be noted that, per LAI F's investment policy, no more than 10% of its portfolio
may be invested in Reverse Repurchase Agreements. Since these types of
investments are extremely sophisticated, the City of Diamond Bar chooses not to
individually invest in these types of securities but will participate LAI F's investment in
Page 4- Investment Policy
these as long as the percentage of the portfolio remains at 10% or less.
POLICY CONSTRAINTS
The City operates its investment pool with many State and self-imposed constraints.
The City does not purchase or sell securities on margin.
The City does not buy stocks or deal in futures or options.
The City does not use Reverse Repurchase Agreements for the investment of funds.
The City does not invest in Guaranteed Small Business Administration (SBA) Notes.
SAFEKEEPING OF SECURITIES
The City of Diamond Bar will adopt the operational practice of having all purchased
securities physically delivered, versus payment to a safekeeping account at the City's
depository bank. It is recognized this will be to a third party independent custodian
under contractual agreement made with the Security Services Division of the chosen
bank.
Investment transactions will be authorized by the City Treasurer and executed by either
the Finance Director or the Assistant City Clerk. The transactions will be verified via
monthly reconciliations by the Senior Accountant.
REPORTING
A monthly report of investments will be provided to the City Manager. The required
elements of this report are as follows:
a) Type of investment
b) Institution
c) Date of Maturity
d) Amount of deposit or cost of security
e) Current market value of securities with maturity in excess of twelve months
f) Statement relating the report to the Statement of Investment Policy
g) Rate of interest
h) Statement that there are sufficient funds to meet the next six months' obligations
The basic premise underlying the City of Diamond Bar's investment philosophy is to
insure that money is always available when needed.
Attachment: Appendix A - Description of Investments
Appendix B - Broker Dealer Questionnaire
Appendix C - Local Agency Investment Fund Description
Linda C. Lowry
City Manager
Appendix A
Description of Investments
U.S. Treasury Issues are direct obligations of the United States Government. These
issues are called bills, notes and bonds. The maturity range of new issues is from 13
weeks (T -Bills) to 30 years (T -Bonds). These are highly liquid and are considered the
safest investment security.
Federal Agency Securities are issued by direct U.S. Government agencies or quasi -
government agencies. Many of these issues are guaranteed directly or indirectly by the
United States Government. Examples of these securities are Federal Home Loan Bank
(FHLB) notes, Federal National Mortgage Associations (FNMA) notes, Federal Farm
Credit Bank (FFCB) notes, Small Business Administration (SBA) notes, Government
National Bank (GNMA) notes, Federal Home Loan Mortgage Credit (FHLMC) notes
and Student Loan Association (SALLMAE) notes.
Investment in these types of securities is limited to 20% of the portfolio.
Local Agency Investment Fund (LAIF) is a special fund in the State Treasury which
local agencies may use to deposit funds for investment. There is no minimum
investment period and the minimum transaction is $5,000, in multiples of $1,000 above
that, with a maximum of $30 million for any agency. It offers high liquidity because
deposits can be converted to cash in twenty-four hours and no interest is lost. All
interest is distributed to those agencies participating on a proportionate share
determined by the amounts deposited and the length of time they are deposited.
Interest is paid quarterly via direct deposit into the agency's LAIF account.
The State keeps an amount for reasonable costs of making the investments, not to
exceed one-quarter of one percent of the earnings.
Certificates of Deposit are investments for inactive funds issued by banks, savings
and loans and credit unions. Investments of $100,000 are insured respectively by
Federal Deposit Insurance Corporation (FDIC), Federal Savings and Loan Insurance
Corporation (FSLIC) and the National Credit Union Share Insurance Fund (NCUSIF).
Certificates of Deposit can be issued from 14 days to several years in maturity allowing
the City of Diamond Bar's investment of funds to be matched to cash flow needs. For
deposits exceeding $100,000 the financial institution is required to collateralize with
110% government securities collateral. City of Diamond Bar does not accept 150%
Collateral (First Trust Deeds) or 105% Letters of Credit (L.C.). Section 53635.2 of, the
Government Code prohibits investments in certificates of deposits of state or federal
credit unions if any member of the city's governing or managing officers(Council, City
manager, Fiscal officers)serves on the credit union board or key committee positions.
Negotiable Certificates of Deposit are unsecured obligations of the financial
institution. These securities are generally issued in bearer form and pay interest at
maturity. Although negotiable, a strong secondary market exists only in the NCD's
issued by the largest United States banks. Examples of large banks include Bank
of America, Citibank, Chase Manhattan, Manufacturers Hanover, etc. These securities
generally trade with minimum amounts of $1 million per trade with the average trade in
the secondary market of $5 million.
Page 2 - Appendix A
Investment in Negotiable Certificates of Deposit is limited to 30% of the investment
portfolio per Government Code Section 53601.
Bankers Acceptances are short-term credit arrangements to enable businesses to
obtain funds to finance commercial transactions. They are time drafts drawn on a bank
by an exporter or importer to obtain funds to pay for specific merchandise. By its
acceptance, the bank becomes primarily liable for the payment of the draft at maturity.
An acceptance is a high grade negotiable instrument. Acceptances are purchased in
various denominations for 30 to 180 days but no longer than 180 days. The interest is
calculated on a 360 day discount basis similar to Treasury Bills.
Investment in Banker's Acceptances is limited to 40% of the investment portfolio per
Government Code Section 53601.
Commercial Paper is a short term unsecured promissory note issued by a corporation
to raise working capital. These negotiable instruments may be purchased at a discount
to par value or interest bearing. Commercial paper is issued by corporations such as
General Motors Acceptance Corporation (GMAC), Shearson American Express, Bank
of America, Wells Fargo Bank, etc.
Local agencies are permitted by state law to invest in commercial paper of "prime"
quality of the highest ranking or of the highest letter and numerical rating as provided by
Moody's Investor's Service, Inc. or Standard & Poors Corporation. Purchases of eligible
commercial paper may not exceed 270 days maturity nor exceed twenty five percent of
the local agency's total investemnts.
Investment in Commercial Paper is limited to 25% of the total investment portfolio and
10% of the issuing corporation per Government Code Section 53601.
Medium Term Corporate Notes are unsecured promissory notes issued by a
corporation organized and operating in the United States. These are negotiable
instruments and are traded in the secondary market. Medium Term Notes (MTN) can be
defined as extended maturity commercial paper. Corporations use these MTN's to raise
capital. Examples of MTN issuers are General Electric, GMAC, Citibank, Wells Fargo
Bank, etc. Investment in Medium Term Corporate Notes is limited to 30% of the
investment portfolio per Government Code 53601. Notes must be rated "A" or better.
Passbook Savings Account is a certificate of deposit issued in any amount for a non
specified amount of time. Interest rate is much lower than CD's but the savings account
allows flexibility. Funds can be deposited and withdrawn according to daily needs.
Mutual Funds are referred to in the Government Code, Section 53601, K, as "shares of
beneficial interest issued by diversified management companies". The Mutual Fund
must be restricted by its by-laws to the same investments as the local agency by the
Government Code. These investments are Treasury issues, Federal Agency issues,
State of California and City (within California) debt obligations, Certificates of Deposit,
Repurchase Agreements, Reverse Repurchase Agreements, Financial Futures and
Financial Options and Medium Term Corporate Notes. The quality rating and
percentage restrictions in each investment category, which are applicable to the local
agency also, apply to the Mutual Fund. Additional limitations apply to such
management companies or their investment advisors.
The City may not invest in a mutual fund, which invests in derivative types of products.
The purchase price of shares of mutual funds shall not include any sales commission.
Investments in mutual funds shall not exceed fifteen percent of the local agency's
investment portfolio.
Active Deposits are demand or checking accounts which receive revenues and pay
disbursements.
Money Market Funds are comprised of short term government securities, certificates of
deposit and highly rated commercial paper. Average length of maturity is twenty to fifty
days. Money Market Funds are 100% liquid at any time.
Repurchase Agreements and Reverse Repurchase Agreements are short term
investment transactions. Banks buy temporarily idle funds from a customer by selling
him U.S. Government or other securities with a contractual agreement to repurchase
the same securities on a future date. Repurchase agreements are typically one to ten
days in maturity. The customer receives interest from the bank. The interest rate
reflects both the prevailing demand for Federal Funds and the maturity of the REPO.
Some banks will execute repurchase agreements for a minimum of $100,000, but most
banks have a minimum of $500,000. A reverse -repurchase agreement (reverse -repo) is
exactly what the name implies.
The City of Diamond Bar does NOT invest in Reverse Repurchase Agreements.
Financial Futures and Financial Options are forward contracts for securities. The
government code states that a local agency may incur future contracts/options in any of
the investment securities enumerated in Section 53601 A -N. Due to the volatility of
trading in financial futures the City of Diamond Bar does NOT invest in financial futures
of financial options.
Derivative Products are structured products, which limits, through imbedded options,
the flow of principal and or interest to the note holder. This limitation could be on how
fast payments are received, how much principal is returned, or how high or low a
coupon can move.
Derivative is also a broad term referring to any security which derives its value from
another underlying asset.
The City of Diamond Bar does NOT invest in derivative products.
APPENDIX B
CITY OF DIAMOND BAR
BROKER/DEALER QUESTIONNAIRE AND CERTIFICATION
1. Name of Firm:
2. Address:
3. Telephone:( ) ( )
4. Broker's Representative to the City (attach resume):
Name:
Title:
Telephone:( )
5. Manager/Partner-in-Charge (attach resume)
Name:
Title:
Telephone:( )
6. List all personnel who will be trading with or quoting securities to City
employees (attach resume)
Name:
Title:
Telephone:( 1 ( )
7. Which of the above personnel have read the City's investment policy?
8. Is your firm a primary dealer in United States Government Securities?
Yes No
CITY OF DIAMOND BAR
Broker/Dealer Questionnaire and Certification
Name of Firm:
Page Two
9. List the total volume of United States Government and Agency Securities for the last
calendar year.
Firm -wide $ No. of Transactions
Your local office $ No. of Transactions
10. Which instruments are offered regularly by your local office?
_ Treasury Bills
Treasury Notes/Bonds
BA's (domestic)
BA's (foreign)
_ Commercial Paper
Agencies (specify):
_ CMO's
Bank CD's
S&LCD's
Repos
Reverse Repos
Other (specify):
11. References -- Please identify your most directly comparable public sector clients in
our geographical area.
Entity
Contact
Telephone ( )
Client Since
12. Have any of your clients ever sustained a loss on a securities transaction arising
from a misunderstanding or misrepresentation of the risk characteristics of the
instrument? If so, explain.
0
CITY OF DIAMOND BAR
Broker/Dealer Questionnaire and Certification
Name of Firm:
Page Three
13. Has your local office ever subject to a regulatory or state/federal agency
investigation for alleged improper, fraudulent, disreputable or unfair activities
related to the sale of securities? Have any of your employees been so
investigated? If so explain
14. Has a client ever claimed in writing that your firm was responsible for investment
losses? If so, explain.
15. Explain your normal custody and delivery process. Who audits these fiduciary
systems? Can you meet safekeeping requirements?
16. How many and what percentage of your transactions failed
Last month? Last year?
17. Describe the capital line and trading limits of the office that would conduct
business with the City of Diamond Bar.
18. Does your firm participate in the S.I.P.C. insurance program if not, explain.
CITY OF DIAMOND BAR
Broker/Dealer Questionnaire and Certification
Name of Firm:
Page Four
19.
What portfolio information,
if any, do you require
from your clients?
20.
What reports, transactions,
confirmations and paper trail
will the City receive?
21. Does your firm offer investment training to your clients?
Yes No
22. Please enclose the following: ,
Latest audited financial statements.
Samples of reports, transactions, and confirmations the City will receive.
Samples of research reports and/or publications that your firm regularly provides
to clients.
Complete schedule of fees and charges for various transactions.
CITY OF DIAMOND BAR
Broker/Dealer Questionnaire and Certification
Name of Firm:
Page Five
***CERTIFICATION***
I hereby certify that I have personally read the Statement of Investment Policy of the City of
Diamond Bar, and have implemented reasonable procedures and a system of controls
designed to preclude imprudent investment activities arising out of transactions conducted
between our firm and the City of Diamond Bar. All sales personnel will be routinely informed
of the City's investment objectives, horizons, outlooks, strategies and risk constraints
whenever we are so advised by the City. We pledge to exercise due diligence in informing the
City of Diamond Bar of all foreseeable risks associated with financial transactions conducted
with our firm. Under penalties of perjury, the responses to this questionnaire are true and
accurate to the best of my knowledge.
Signed
Title
Date
Countersignature* Date
Title
* Company president or person in charge of government securities
operations.
Exhibit B
LOCAL AGENCY INVESTMENT FUND
The Local Agency Investment Fund was established by Chapter 730, Statutes of 1976. This
fund enables local government agencies or trustees to remit money not required for immediate needs
to the State Treasurer for the purpose of investment. In order to derive the maximum rate of return
possible, the State Treasurer has elected to invest these monies as a part of the Pooled Money
Investment Account.
Each participating agency determines the length of time its money will be on deposit with the
State Treasurer with the exception of bond proceeds, which must remain for a minimum of 30 days.
As the end of each calendar quarter, all earnings derived from investments are distributed by the
State Controller to the participating government agencies in proportion to each agency's respective
amounts deposited in the Fund and the length of time such amounts remained therein. Prior to
distribution, the State's reasonable costs of administering this program are deducted from the
earnings.
This program offers local agencies the opportunity to participate in a major portfolio which daily
invests hundreds of millions of dollars, using the investment expertise of the Treasurer's Office
Investments staff at no additional cost to the taxpayer. This in-house management team is comprised
of civil servants who have individually worked for the State Treasurer's Office for over 20 years.
The LAIF Has oversight by the Local Agency Investment Advisory Board. The Board consists
of five members as designated by statute. The Chairman is the State Treasurer or his designated
representative, Two members qualified by training and experience in the field of investment or
finance, and two members who are treasurers, finance or fiscal officers or business managers
employed by any County, City of local district or municipal corporation of this State, are appointed by
the State Treasurer. The term of each appointment is two years or at the pleasure of the appointing
authority.
All securities are purchased under the authority of Government Code Section 16430 and
16480.4. The State Treasurer's Office takes delivery of all securities purchased on a delivery versus
payment basis using a third party custodian. All investments are purchased at market, and market
valuation is conducted monthly.
Additionally, the PMIA has Policies, Goals, and Objectives for the portfolio to make certain that the
goals of Safety, Liquidity and Yield are not jeopardized and that prudent management prevails.
These policies are formulated by investment staff and reviewed by both the PMIB and the LAIF Board
on an annual basis.
The State Treasurer's Office is audited by the Bureau of State Audits on an annual basis. The
resulting opinion is included in the subsequent Pooled Money monthly report following its
publications. The Bureau of State Audits also has a continuing audit process throughout the year.
The State Controller's Office, as well as an in-house audit process involving three separate divisions
audit all investment and LAIF claims on a daily basis.
EXHIBIT B
Local Agency Investment Fund - continued
It has been determined that the State of California cannot declare bankruptcy under Federal
regulations, thereby allowing the Government Code Section 16429.3 to stand. This Sections states
that "money placed with the State Treasurer for deposit in the LAIF shall not be subject to a either: (a)
transfer or loan pursuant to Sections 16310, 16312, or 16313, or (b) impoundment or seizure by any
state official or state agency."
During the 2002 session, California Government Code 16429.4 was added to the LAIF's
enabling legislation. The Section states that "the right of a city, county, city and county, special
district, nonprofit corporation, or qualified quasi -governmental agency, to withdraw its deposited
money from the LAIF upon demand may not be altered, impaired, or denied in any way by state
official or state agency based upon the State's failure to adopt a State Budget by July of each new
fiscal year."
The LAIF has grown from 293 participants and $468 million in 1977 to 3039 participants and
$21.8 billion in 2003.
Agenda # s 1(h )
Meeting Date: June 17,2003
CITY COUNCIL AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manage
TITLE: Review and approve Resolution No: 2003 -XX which adopts the FY 2003-
2004 Investment Policy.
RECOMMENDATION:
It is recommended that City Council review and approve Resolution No: 2003 -XX which
adopts the FY 2003-2004 Investment Policy.
FINANCIAL IMPACT:
None
DISCUSSION:
Submitted for Council's review and approval is the FY 2003-04 Investment Policy and its
accompanying resolution. The proposed investment policy states the goals of the City's
investment activities, the types of investments in which the City will invest funds, and
the monthly reporting requirements.
The FY 2003-04 Investment Policy is the same as the City's prior year's investment
policy.
The attached investment policy was drafted in accordance with the Government
Finance Officers Association (GFOA) investment policy outline and model. The City as
part of its investment policy, requires all broker/dealers to complete a questionnaire and
provide information on their portfolios and investment policies. The broker/dealer
questionnaire was adapted from a questionnaire that was provided by the City's auditing
firm of Conrad and Associates. Additionally, the proposed investment policy has been
reviewed and approved by the City's auditors.
It should be noted that the City continues to invest in the State Treasurer's Local
Agency Investment Fund. The investment goals and practices of LAIF are in
concurrence with the City's investment goals and objectives. Attached, as Exhibit B is a
description of the LAIF program.
PREPARED BY:
Linda G. Magnuson, Finance Director
REVIEWED BY:
Depai nt Head
Deputy City Manager
Attachments:
Resolution No: 2003 -XX
Investment Policy
RESOLUTION NO: 2003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING THE
STATEMENT OF INVESTMENT
and
WHEREAS, it is the City's policy to annually adopt the City investment policy,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
HEREBY RESOLVES, that the attached Statement of Investment Policy (Exhibit A) be
adopted as presented herein.
PASSED, ADOPTED AND APPROVED THIS day of, 2003
Carol H. Herrera, Mayor
I, LINDA C. LOWRY, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was passed, approved and adopted at a 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:
ABSTAIN: COUNCIL MEMBERS:
ATTEST:
Linda C.Lowry
City Clerk of the City of Diamond Bar
EXHIBIT A
CITY OF DIAMOND BAR
INVESTMENT POLICY - FY 2003-04
PURPOSE
This Statement is intended to provide guidelines for the prudent investment of the City's
temporarily idle cash and to outline the policies for maximizing the efficiency of the
City's cash management system. The ultimate goal is to enhance the economic status
of the City while protecting it's accumulated cash.
It is the policy of the City Council to review, update and adopt the City's Investment
Policy on an annual basis.
INVESTMENT OBJECTIVE
The investment of funds of the City of Diamond Bar is directed to the goals of safety,
liquidity and yield. The authority governing investments for municipal governments is
set forth in the Government Code, Sections 53601, et. seq.
1. Safely. Safety of principal is the foremost objective of the investment
program. Investments shall be undertaken in a manner that seeks to ensure the
preservation of capital in the overall portfolio. The objective will be to mitigate
credit risk and interest rate risk. The City will operate only in those investments
that are considered very safe.
A. Credit Risk is the risk of loss due to the failure of the security issuer or
backer. Credit risk will be mitigated by:
Limiting investments to the safest types of securities;
Pre -qualifying the broker-dealers with which the City will do business. This
will be done via a competitive bid and the response on a questionnaire
(Appendix B) submitted by the prospective institution. In addition broker-
dealers should be primary, registered investment securities dealers;
Diversifying the investment portfolio in order that potential losses on
individual securities do not exceed the income generated from the
remainder of the portfolio.
B. Interest Rate Risk is the risk that the market value of portfolio securities will
fall due to a change in general interest rates. Interest rate risk will be
mitigated by:
Structuring the investment portfolio so that securities mature to meet cash
requirements for ongoing operations, thereby avoiding the need to sell
securities on the open market prior to their maturation to meet specific
operational needs;
Operating funds will be invested primarily in shorter term securities.
PAGE 2 - Investment Policy
2. Liquidity. The investment portfolio will remain sufficiently liquid to meet all operating
requirements which might be reasonably anticipated. This is accomplished by
structuring the portfolio so that securities mature at the same time as cash is needed to
meet anticipated demands. Additionally, since all possible cash demands cannot be
anticipated, the portfolio will consist largely of securities with active secondary or resale
markets.
3. Yield. Yield is the potential dollar earnings an investment can provide and
sometimes is described as the rate of return. The primary objective of the investment
policy of the City of Diamond Bar is SAFETY. Investments shall be undertaken to
ensure the preservation of capital in the overall portfolio. The investment portfolio shall
be designed with the objective of attaining a market rate of return throughout budgetary
and economic cycles, taking into account the investment risk constraints and cash flow
characteristics of the portfolio. Return on investment is of least importance compared to
the safety and liquidity objectives described above. Investments are limited to relatively
low risk securities in anticipation of earning a fair return relative to the risk being
assumed. Securities shall not be sold prior to maturity unless one of the following
conditions exists: 1) a declining credit security could be sold early to minimize loss of
principal; 2) a security swap would improve the quality of yield in the portfolio; or 3)
liquidity needs of the portfolio require that a security be sold.
POLICY
As a General Law city, Diamond Bar operates its accumulated idle cash investments
under the prudent man rule. This insures that "...investment shall be made with the
exercise of that degree of judgement and care, under circumstances then prevailing,
which persons of prudence, discretion and intelligence exercise in the management of
their own affairs, not for speculation but for investment considering the probable safety
of their capital as well as the probable income to be derived." (CC #2261) This affords
the City a broad spectrum of investment opportunities, so long as the investment is
deemed prudent and is allowable under current law of the State of California and the
regulations of the City of Diamond Bar.
The City of Diamond Bar strives to maintain the level of investment of all funds as near
100% as possible, through daily and projected cash flow determinations. Cash
management and investment transactions are the responsibility of the Treasurer.
Investments are allowed in the following media:
United States treasury bills, bonds, notes or any other obligations or securities issued
by the United States treasury or any other obligation guaranteed as to principal and
interest by the United States.
Local Agency Investment Fund (state pool) - Demand Deposits
Certificates of Deposit (or Time Deposits), placed with commercial banks and/or
savings banks.
Negotiable Certificates of Deposit
Bankers Acceptances
Commercial Paper
PAGE 3 - Investment Policy
Medium Term Corporate Notes
Passbook Savings Accounts
Active Deposits
Money Market Funds comprised of investments rated in the highest category by
Moody's Investors Services Inc. or by Standard & Poor's Corporation.
Repurchase Agreements
Prohibited investments include securities not listed above(unless authorized pursuant to
section 53601 (L)), as well as inverse floaters, range notes, interest only strips derived
from a pool of mortgages (Collateralized Mortgage Obligations), and any security that
could result in zero interest accrual if held to maturity, as specified in Section 53601.6.
(Zero interest accrual means the security has the potential to realize zero interest
depending upon the structure of the security. Zero coupon bonds and similar
investments that start at a level below the face value are legal because their value does
increase.)
Government and agency paper are the highest quality investments available in terms of
safety and liquidity. Certificates of deposit and savings accounts are insured or
collateralized. Only commercial paper, with A-1 Moody's and P-1 Standard & Poor's
ratings, is authorized for purchase.
Most investments are highly liquid, with the exception of collateralized and insured
certificates of deposit held by banks and savings banks. Maturities are selected to
anticipate cash needs, thereby eliminating the need for forced liquidation.
Effective January 1, 1989 the Government Code, Section 53601 states..."no investment
shall be made in any security, other than a security underlying a repurchase or reverse
repurchase agreement authorized by this section, which at the time of the investment
has a term remaining to maturity in excess of five years, unless the legislative body has
granted express authority to make that investment either specifically or as a part of an
investment program approved no less than three months prior to the investment."
Therefore longer-term investments (over one year) are limited to maturities of five years
or less unless specifically approved by the City Council.
Diamond Bar attempts to obtain the highest yield possible when selecting investments,
provided that the criteria for safety and liquidity are met. Ordinarily, through a positive
yield curve, (i.e., longer term investment rates are higher than those of shorter term
maturities), the City attempts to ladder its maturities to meet anticipated cash needs in
such a way that longer term investments carry a higher rate than is available in the
extremely short term market of 30 days or less.
The City is authorized to invest in the Local Agency Investment Fund based upon
periodic reviews of the book to market value of the investment pool and an annual
review of the goals and strategies of the investment board. If there are changes in the
management of the Local Agency Investment Fund, and there is a conflict with the
City's investment goals, the City may elect to discontinue investment in LAIF.
It should be noted that, per LAIF's investment policy, no more than 10% of its portfolio
may be invested in Reverse Repurchase Agreements. Since these types of
investments are extremely sophisticated, the City of Diamond Bar chooses not to
individually invest in these types of securities but will participate LAIF's investment in
Page 4- Investment Policy
these as long as the percentage of the portfolio remains at 10% or less.
POLICY CONSTRAINTS
The City operates its investment pool with many State and self-imposed constraints.
The City does not purchase or sell securities on margin.
The City does not buy stocks or deal in futures or options.
The City does not use Reverse Repurchase Agreements for the investment of funds.
The City does not invest in Guaranteed Small Business Administration (SBA) Notes.
SAFEKEEPING OF SECURITIES
The City of Diamond Bar will adopt the operational practice of having all purchased
securities physically delivered, versus payment to a safekeeping account at the City's
depository bank. It is recognized this will be to a third party independent custodian
under contractual agreement made with the Security Services Division of the chosen
bank.
Investment transactions will be authorized by the City Treasurer and executed by either
the Finance Director or the Assistant City Clerk. The transactions will be verified via
monthly reconciliations by the Senior Accountant.
REPORTING
A monthly report of investments will be provided to the City Manager. The required
elements of this report are as follows:
a) Type of investment
b) Institution
c) Date of Maturity
d) Amount of deposit or cost of security
e) Current market value of securities with maturity in excess of twelve months
f) Statement relating the report to the Statement of Investment Policy
g) Rate of interest
h) Statement that there are sufficient funds to meet the next six months' obligations
The basic premise underlying the City of Diamond Bar's investment philosophy is to
insure that money is always available when needed.
Attachment: Appendix A - Description of Investments
Appendix B - Broker Dealer Questionnaire
Appendix C - Local Agency Investment Fund Description
Linda C. Lowry
City Manager
Appendix A
Description of Investments
U.S. Treasury Issues are direct obligations of the United States Government. These
issues are called bills, notes and bonds. The maturity range of new issues is from 13
weeks (T -Bills) to 30 years (T -Bonds). These are highly liquid and are considered the
safest investment security.
Federal Agency Securities are issued by direct U.S. Government agencies or quasi -
government agencies. Many of these issues are guaranteed directly or indirectly by the
United States Government. Examples of these securities are Federal Home Loan Bank
(FHLB) notes, Federal National Mortgage Associations (FNMA) notes, Federal Farm
Credit Bank (FFCB) notes, Small Business Administration (SBA) notes, Government
National Bank (GNMA) notes, Federal Home Loan Mortgage Credit (FHLMC) notes
and Student Loan Association (SALLMAE) notes.
Investment in these types of securities is limited to 20% of the portfolio.
Local Agency Investment Fund (LAIF) is a special fund in the State Treasury which
local agencies may use to deposit funds for investment. There is no minimum
investment period and the minimum transaction is $5,000, in multiples of $1,000 above
that, with a maximum of $30 million for any agency. It offers high liquidity because
deposits can be converted to cash in twenty-four hours and no interest is lost. All
interest is distributed to those agencies participating on a proportionate share
determined by the amounts deposited and the length of time they are deposited.
Interest is paid quarterly via direct deposit into the agency's LAIF account.
The State keeps an amount for reasonable costs of making the investments, not to
exceed one-quarter of one percent of the earnings.
Certificates of Deposit are investments for inactive funds issued by banks, savings
and loans and credit unions. Investments of $100,000 are insured respectively by
Federal Deposit Insurance Corporation (FDIC), Federal Savings and Loan Insurance
Corporation (FSLIC) and the National Credit Union Share Insurance Fund (NCUSIF).
Certificates of Deposit can be issued from 14 days to several years in maturity allowing
the City of Diamond Bar's investment of funds to be matched to cash flow needs. For
deposits exceeding $100,000 the financial institution is required to collateralize with
110% government securities collateral. City of Diamond Bar does not accept 150%
Collateral (First Trust Deeds) or 105% Letters of Credit (L.C.). Section 53635.2 of, the
Government Code prohibits investments in certificates of deposits of state or federal
credit unions if any member of the city's governing or managing officers(Council, City
manager, Fiscal off icers)serves on the credit union board or key committee positions.
Negotiable Certificates of Deposit are unsecured obligations of the financial
institution. These securities are generally issued in bearer form and pay interest at
maturity. Although negotiable, a strong secondary market exists only in the NCD's
issued by the largest United States banks. Examples of large banks include Bank
of America, Citibank, Chase Manhattan, Manufacturers Hanover, etc. These securities
generally trade with minimum amounts of $1 million per trade with the average trade in
the secondary market of $5 million.
Page 2 - Appendix A
Investment in Negotiable Certificates of Deposit is limited to 30% of the investment
portfolio per Government Code Section 53601.
Bankers Acceptances are short-term credit arrangements to enable businesses to
obtain funds to finance commercial transactions. They are time drafts drawn on a bank
by an exporter or importer to obtain funds to pay for specific merchandise. By its
acceptance, the bank becomes primarily liable for the payment of the draft at maturity.
An acceptance is a high grade negotiable instrument. Acceptances are purchased in
various denominations for 30 to 180 days but no longer than 180 days. The interest is
calculated on a 360 day discount basis similar to Treasury Bills.
Investment in Banker's Acceptances is limited to 40% of the investment portfolio per
Government Code Section 53601.
Commercial Paper is a short term unsecured promissory note issued by a corporation
to raise working capital. These negotiable instruments may be purchased at a discount
to par value or interest bearing. Commercial paper is issued by corporations such as
General Motors Acceptance Corporation (GMAC), Shearson American Express, Bank
of America, Wells Fargo Bank, etc.
Local agencies are permitted by state law to invest in commercial paper of "prime"
quality of the highest ranking or of the highest letter and numerical rating as provided by
Moody's Investor's Service, Inc. or Standard & Poors Corporation. Purchases of eligible
commercial paper may not exceed 270 days maturity nor exceed twenty five percent of
the local agency's total investemnts.
Investment in Commercial Paper is limited to 25% of the total investment portfolio and
10% of the issuing corporation per Government Code Section 53601.
Medium Term Corporate Notes are unsecured promissory notes issued by a
corporation organized and operating in the United States. These are negotiable
instruments and are traded in the secondary market. Medium Term Notes (MTN) can be
defined as extended maturity commercial paper. Corporations use these MTN's to raise
capital. Examples of MTN issuers are General Electric, GMAC, Citibank, Wells Fargo
Bank, etc. Investment in Medium Term Corporate Notes is limited to 30% of the
investment portfolio per Government Code 53601. Notes must be rated "A" or better.
Passbook Savings Account is a certificate of deposit issued in any amount for a non
specified amount of time. Interest rate is much lower than CD's but the savings account
allows flexibility. Funds can be deposited and withdrawn according to daily needs.
Mutual Funds are referred to in the Government Code, Section 53601, K, as "shares of
beneficial interest issued by diversified management companies". The Mutual Fund
must be restricted by its by-laws to the same investments as the local agency by the
Government Code. These investments are Treasury issues, Federal Agency issues,
State of California and City (within California) debt obligations, Certificates of Deposit,
Repurchase Agreements, Reverse Repurchase Agreements, Financial Futures and
Financial Options and Medium Term Corporate Notes. The quality rating and
percentage restrictions in each investment category, which are applicable to the local
agency also, apply to the Mutual Fund. Additional limitations apply to such
management companies or their investment advisors.
The City may not invest in a mutual fund, which invests in derivative types of products.
The purchase price of shares of mutual funds shall not include any sales commission.
Investments in mutual funds shall not exceed fifteen percent of the local agency's
investment portfolio.
Active Deposits are demand or checking accounts which receive revenues and pay
disbursements.
Money Market Funds are comprised of short term government securities, certificates of
deposit and highly rated commercial paper. Average length of maturity is twenty to fifty
days. Money Market Funds are 100% liquid at any time.
Repurchase Agreements and Reverse Repurchase Agreements are short term
investment transactions. Banks buy temporarily idle funds from a customer by selling
him U.S. Government or other securities with a contractual agreement to repurchase
the same securities on a future date. Repurchase agreements are typically one to ten
days in maturity. The customer receives interest from the bank. The interest rate
reflects both the prevailing demand for Federal Funds and the maturity of the REPO.
Some banks will execute repurchase agreements for a minimum of $100,000, but most
banks have a minimum of $500,000. A reverse -repurchase agreement (reverse -repo) is
exactly what the name implies.
The City of Diamond Bar does NOT invest in Reverse Repurchase Agreements.
Financial Futures and Financial Options are forward contracts for securities. The
government code states that a local agency may incur future contracts/options in any of
the investment securities enumerated in Section 53601 A -N. Due to the volatility of
trading in financial futures the City of Diamond Bar does NOT invest in financial futures
of financial options.
Derivative Products are structured products, which limits, through imbedded options,
the flow of principal and or interest to the note holder. This limitation could be on how
fast payments are received, how much principal is returned, or how high or low a
coupon can move.
Derivative is also a broad term referring to any security which derives its value from
another underlying asset.
The City of Diamond Bar does NOT invest in derivative products.
APPENDIX B
CITY OF DIAMOND BAR
BROKER/DEALER QUESTIONNAIRE AND CERTIFICATION
1. Name of Firm:
2. Address:
3. Telephone: Li
LI
4. Broker's Representative to the City (attach resume):
Name:
Title:
Telephone: ( )
5. Manager/Partner-in-Charge (attach resume)
Name:
Title:
Telephone: Li
6. List all personnel who will be trading with or quoting securities to City
employees (attach resume)
Name:
Title:
Telephone: Li
LI
7. Which of the above personnel have read the City's investment policy?
8. Is your firm a primary dealer in United States Government Securities?
Yes No
CITY OF DIAMOND BAR
Broker/Dealer Questionnaire and Certification
Name of Firm:
Page Two
9. List the total volume of United States Government and Agency Securities for the last
calendar year.
Firm -wide $
Your local office $
No. of Transactions
No. of Transactions
10. Which instruments are offered regularly by your local office?
Treasury Bills
Treasury Notes/Bonds
BA's (domestic)
BA's (foreign)
Commercial Paper
Agencies (specify):
CMO's
Bank CD's
S&LCD's
Repos
Reverse Repos
Other (specify):
11. References -- Please identify your most directly comparable public sector clients in
our geographical area.
Entity
Contact
Telephone ( )
Client Since
12. Have any of your clients ever sustained a loss on a securities transaction arising
from a misunderstanding or misrepresentation of the risk characteristics of the
instrument? If so, explain.
CITY OF DIAMOND BAR
Broker/Dealer Questionnaire and Certification
Name of Firm:
Page Three
13. Has your local office ever subject to a regulatory or state/federal agency
investigation for alleged improper, fraudulent, disreputable or unfair activities
related to the sale of securities? Have any of your employees been so
investigated? If so explain
14. Has a client ever claimed in writing that your firm was responsible for investment
losses? If so, explain.
15. Explain your normal custody and delivery process. Who audits these fiduciary
systems? Can you meet safekeeping requirements?
16. How many and what percentage of your transactions failed
Last month? Last year?
17. Describe the capital line and trading limits of the office that would conduct
business with the City of Diamond Bar.
18. Does your firm participate in the S.I.P.C. insurance program if not, explain.
CITY OF DIAMOND BAR
Broker/Dealer Questionnaire and Certification
Name of Firm:
Page Four
19. What portfolio information, if any, do you require from your clients?
20. What reports, transactions, confirmations and paper trail will the City receive?
21. Does your firm offer investment training to your clients?
Yes No
22. Please enclose the following:
Latest audited financial statements.
Samples of reports, transactions, and confirmations the City will receive.
Samples of research reports and/or publications that your firm regularly provides
to clients.
Complete schedule of fees and charges for various transactions.
CITY OF DIAMOND BAR
Broker/Dealer Questionnaire and Certification
Name of Firm:
Page Five
***CERTIFICATION***
I hereby certify that I have personally read the Statement of Investment Policy of the City of
Diamond Bar, and have implemented reasonable procedures and a system of controls
designed to preclude imprudent investment activities arising out of transactions conducted
between our firm and the City of Diamond Bar. All sales personnel will be routinely informed
of the City's investment objectives, horizons, outlooks, strategies and risk constraints
whenever we are so advised by the City. We pledge to exercise due diligence in informing the
City of Diamond Bar of all foreseeable risks associated with financial transactions conducted
with our firm. Under penalties of perjury, the responses to this questionnaire are true and
accurate to the best of my knowledge.
Signed Date
Title
Countersignature* Date
Title
* Company president or person in charge of government securities
operations.
Exhibit B
LOCAL AGENCY INVESTMENT FUND
The Local Agency Investment Fund was established by Chapter 730, Statutes of 1976. This
fund enables local government agencies or trustees to remit money not required for immediate needs
to the State Treasurer for the purpose of investment. In order to derive the maximum rate of return
possible, the State Treasurer has elected to invest these monies as a part of the Pooled Money
Investment Account.
Each participating agency determines the length of time its money will be on deposit with the
State Treasurer with the exception of bond proceeds, which must remain for a minimum of 30 days.
As the end of each calendar quarter, all earnings derived from investments are distributed by the
State Controller to the participating government agencies in proportion to each agency's respective
amounts deposited in the Fund and the length of time such amounts remained therein. Prior to
distribution, the State's reasonable costs of administering this program are deducted from the
earnings.
This program offers local agencies the opportunity to participate in a major portfolio which daily
invests hundreds of millions of dollars, using the investment expertise of the Treasurer's Office
Investments staff at no additional cost to the taxpayer. This in-house management team is comprised
of civil servants who have individually worked for the State Treasurer's Office for over 20 years.
The LAIF Has oversight by the Local Agency Investment Advisory Board. The Board consists
of five members as designated by statute. The Chairman is the State Treasurer or his designated
representative.. Two members qualified by training and experience in the field of investment or
finance, and two members who are treasurers, finance or fiscal officers or business managers
employed by any County, City of local district or municipal corporation of this State, are appointed by
the State Treasurer. The term of each appointment is two years or at the pleasure of the appointing
authority.
All securities are purchased under the authority of Government Code Section 16430 and
16480.4. The State Treasurer's Office takes delivery of all securities purchased on a delivery versus
payment basis using a third party custodian. All investments are purchased at market, and market
valuation is conducted monthly.
Additionally, the PMIA has Policies, Goals, and Objectives for the portfolio to make certain that the
goals of Safety, Liquidity and Yield are not jeopardized and that prudent management prevails.
These policies are formulated by investment staff and reviewed by both the PMIB and the LAIF Board
on an annual basis.
The State Treasurer's Office is audited by the Bureau of State Audits on an annual basis. The
resulting opinion is included in the subsequent Pooled Money monthly report following its
publications. The Bureau of State Audits also has a continuing audit process throughout the year.
The State Controller's Office, as well as an in-house audit process involving three separate divisions
audit all investment and LAIF claims on a daily basis.
EXHIBIT B
Local Agency Investment Fund - continued
It has been determined that the State of California cannot declare bankruptcy under Federal
regulations, thereby allowing the Government Code Section 16429.3 to stand. This Sections states
that "money placed with the State Treasurer for deposit in the LAIF shall not be subject to e either: (a)
transfer or loan pursuant to Sections 16310, 16312, or 16313, or (b) impoundment or seizure by any
state official or state agency."
During the 2002 session, California Government Code 16429.4 was added to the LAIF's
enabling legislation. The Section states that "the right of a city, county, city and county, special
district, nonprofit corporation, or qualified quasi -governmental agency, to withdraw its deposited
money from the LAIF upon demand may not be altered, impaired, or denied in any way by state
official or state agency based upon the State's failure to adopt a State Budget by July of each new
fiscal year."
The LAIF has grown from 293 participants and $468 million in 1977 to 3039 participants and
$21.8 billion in 2003.
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
AVI
TITLE: Appropriations Limit- Fiscal Year 2003-2004
RECOMMENDATION:
Agenda # 8.1(c )
Meeting Date: June 17, 2003
AGENDA REPORT
Approve the use of the percentage change in total assessed valuation for the city, due to
nonresidential new construction for use in calculating the Fiscal Year 2003-2004 Appropriations Limit.
Approve Resolution 2003 -XX, which establishes the Fiscal Year 2003-2004 Appropriations Limit at
$24,723,466.
FINANCIAL IMPACT:
BACKGROUND:
Per City Policy, the Finance Department presents the Appropriations Limit for the City Council's
review and approval. Pursuant to Article XIIIB of the California Constitution (known as the Gann
Limit), the City must compute an annual appropriations limit, which places a ceiling on the total
amount of tax revenues, the City can actually appropriate annually. The limit is adjusted each year
using the following factors: (1) the percentage change in California Per Capita Income, or the change
in the City's Assessed Valuation due to new non-residential construction, whichever is greater and (2)
the percentage change in the Citywide, or Countywide population, whichever is greater.
DISCUSSION:
As required by Government Code Section 7910, the City Council is being asked to formally adopt by
resolution the Appropriations Limit for Fiscal Year 2003-2004.
In addition, Proposition 111 requires a recorded vote of the City Council regarding the annual
adjustment factors which are being applied for Fiscal Year 2003-2004.
Page 2 -Appropriations Limit FY 2003-2004 Report
The factor recommended is the percentage change in total assessed valuation for the city, due to
nonresidential new construction.
The net increase in non-residential new construction valuation was 10.55%. Los Angeles County
provides the information regarding percentage change in non-residential new construction. This fiscal
year the California per capita personal income showed an increase of 2.31 %. The price factor, which
may be used by the City, could either be the percentage change in the California per Capita personal
income, or the percentage change in the local assessment roll due to the addition of local non-
residential new construction.
It is being recommended that Council adopt the percentage change in total assessed valuation for the
city, due to nonresidential new construction for use in the Adjustment of the Gann (Appropriations)
Limit for Fiscal Year 2003-2004.
PREPARED BY:
Susan Full, Accountant II
REVIEWED BY:
MAN a W1112, WIFNITZ
Attachments:
Appropriations Limit Resolution and Worksheets
CITY OF DIAMOND BAR
APPROPRIATIONS LIMIT WORK SHEET
2003-2004
% Change Non Residential
new construction
Nonresidential converted to a Ratio
2002-2003 Appropriations Limit
2003-2004 Appropriations Limit
10.55%
1.1055
$22,364,058
$24,723,466
6/9/03 2003-2004
CITY OF DIAMOND BAR
ANNUAL APPROPRIATIONS LIMIT
EXHIBIT "A"
2003-2004
1989-90
Base Year
9,882,416
1990-91
Adjusted Base
10,785,669
1991-92
Adjusted Base
11,585,192
1992-93
Adjusted Base
11,762,247
1993-94
Adjusted Base
12,275,495
1994-95
Adjusted Base
13,169,824
1995-96
Adjusted Base
14,005,207
1996-97
Adjusted Base
14,729,615
1997-98
Adjusted Base
15,608,665
1998-99
Adjusted Base
16,482,389
1999-00
Adjusted Base
17,561,562
2000-01
Adjusted Base
18,772,045
2001-02
Adjusted Base
20,576,003
2002-03
Adjusted Base
22,364,058
2003-04
Adjusted Base
24,723,466
6/9/03 2003-2004
CITY OF DIAMOND BAR
APPROPRIATIONS LIMIT WORK SHEET
2003-2004
California Per Capita Income
% Change over Prior Year
Population Change
% Change over Prior Year (County)
Per Capita converted to a Ratio
Population converted to a Ratio
Calculation of Growth Factor
2002-2003 Appropriations Limit
2003-2004 Appropriations Limit
2.31%
1.66%
1.0231
1.0166
1.0401
$22,364,058
$23,260,487
6/9/03 2003-2004
CITY OF DIAMOND BAR
APPROPRIATIONS LIMIT WORK SHEET
California Per Capita Income
% Change over Prior Year
Population Change
% Change over Prior Year (City)
Per Capita converted to a Ratio
Population converted to a Ratio
Calculation of Growth Factor
2002-2003 Appropriations Limit
2003-2004 Appropriations Limit
2003-2004
2.31%
1.59%
1.0231
1.0159
1.0394
$22,364,058
$23,244,470
6/9/03 2003-2004
RESOLUTION NO. 2003 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, SETTING
THE PROPOSITION 4 (GANN) APPROPRIATIONS LIMIT FOR FISCAL
YEAR 2003-2004 FOR THE CITY OF DIAMOND BAR IN ACCORDANCE
WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE
GOVERNMENT CODE
WHEREAS, Article XIII B of the Constitution of the State of California (enacted with the
passage of Proposition 4 in 1979 and modified with the passage of Proposition 111 in 1990), provides
that the total annual appropriations limit of such entity for the prior year be adjusted for changes in the
non-residential assessed valuation or the percentage change in the California Per Capita Income and
population except as otherwise specifically provided for in said Article; and
WHEREAS, Section 7910 of the Government Code provides that each year the governing
body of each local jurisdiction shall, by resolution, establish its appropriations limit for the following
fiscal year pursuant to Article XIII B at a regularly scheduled meeting or a noticed special meeting.
Prior to such meeting, documentation used in the determination of the appropriation limit shall be
available to the public; and
WHEREAS, Proposition 111 as approved by the voters of the State of California, revised the
method for calculating the Gann Spending Limit. It also requires a recorded voice vote of the City
Council regarding which of the annual adjustment factors have been selected each year; and
WHEREAS, Section 7902 (a) and 7902.6 of the Government Code sets forth the method for
determining the appropriations limit for each local jurisdiction for the fiscal year; and
WHEREAS, the City Council of the City of Diamond Bar wishes to establish the appropriation
limit for fiscal year 2003-2004 for the City of Diamond Bar.
r
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Diamond Bar, California, as follows:
Section 1. That it is hereby found and determined that the documentation used in the
determination of the appropriations limit for the City of Diamond Bar for fiscal year 2003-
2004 was available to the public in City offices of said City at least fifteen days prior to
this date.
Section 2. That the County of Los Angeles LAFCO, established the appropriations
limit for the newly incorporated City.
Section 3. That the factor selected is the percentage change in total assessed
valuation for the city, due to non-residential construction.
Section 4. That the Appropriations Limit for the City of Diamond Bar as established in
accordance with Section 7902(a) and Section 7902.6 of the California Government
Code is $24,723,466.
Section 5. That the Mayor of the City of Diamond Bar shall sign and the City Clerk
shall certify to the passage and adoption of this Resolution No. 2003-XXXX .
PASSED, APPROVED AND ADOPTED this day of 2003.
Carol Herrera, Mayor
I, Linda C. Lowry, City Clerk of the City of Diamond Bar do hereby certify that the foregoing
Resolution was passed, and approved and adopted 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:
Linda C. Lowry, City Clerk
City of Diamond Bar
Agenda # 8.1(c)
Meeting Date: June 17, 2003
TO:
Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager,
TITLE: Appropriations Limit- Fiscal Year 2003-2004
RECOMMENDATION:
Approve the use of the percentage change in total assessed valuation for the city, due to
nonresidential new construction for use in calculating the Fiscal Year 2003-2004 Appropriations Limit.
Approve Resolution 2003 -XX, which establishes the Fiscal Year 2003-2004 Appropriations Limit at
$24,723,466.
FINANCIAL IMPACT:
BACKGROUND:
Per City Policy, the Finance Department presents the Appropriations Limit for the City Council's
review and approval. Pursuant to Article XIIIB of the California Constitution (known as the Gann
Limit), the City must compute an annual appropriations limit, which places a ceiling on the total
amount of tax revenues, the City can actually appropriate annually. The limit is adjusted each year
using the following factors: (1) the percentage change in California Per Capita Income, or the change
in the City's Assessed Valuation due to new non-residential construction, whichever is greater and (2)
the percentage change in the Citywide, or Countywide population, whichever is greater.
DISCUSSION:
As required by Government Code Section 7910, the City Council is being asked to formally adopt by
resolution the Appropriations Limit for Fiscal Year 2003-2004.
In addition, Proposition 111 requires a recorded vote of the City Council regarding the annual
adjustment factors which are being applied for Fiscal Year 2003-2004.
Page 2 -Appropriations Limit FY 2003-2004 Report
The factor recommended is the percentage change in total assessed valuation for the city, due to
nonresidential new construction.
The net increase in non-residential new construction valuation was 10.55%. Los Angeles County
provides the information regarding percentage change in non-residential new construction. This fiscal
year the California per capita personal income showed an increase of 2.31 %. The price factor, which
may be used by the City, could either be the percentage change in the California per Capita personal
income, or the percentage change in the local assessment roll due to the addition of local non-
residential new construction.
It is being recommended that Council adopt the percentage change in total assessed valuation for the
city, due to nonresidential new construction for use in the Adjustment of the Gann (Appropriations)
Limit for Fiscal Year 2003-2004.
PREPARED BY:
Susan Full, Accountant II
REVIEWED BY:
zlk TI--
Departt Head
Attachments:
Appropriations Limit Resolution and Worksheets
CITY OF DIAMOND BAR
APPROPRIATIONS LIMIT WORK SHEET
2003-2004
% Change Non Residential
10.55%
new construction
Nonresidential converted to a Ratio 1.1055
2002-2003 Appropriations Limit $22,364,058
2003-2004 Appropriations Limit $24,723,466
6/9/03 2003-2004
CITY OF DIAMOND BAR
ANNUAL APPROPRIATIONS LIMIT
EXHIBIT "A"
2003-2004
1989-90 Base Year 9,882,416
1990-91 Adjusted Base 10,785,669
1991-92 Adjusted Base 11,585,192
1992-93 Adjusted Base 11,762,247
1993-94 Adjusted Base 12,275,495
1994-95 Adjusted Base 13,169,824
1995-96 Adjusted Base 14,005,207
1996-97 Adjusted Base 14,729,615
1997-98 Adjusted Base 15,608,665
1998-99 Adjusted Base 16,482,389
1999-00 Adjusted Base 17,561,562
2000-01 Adjusted Base 18,772,045
2001-02 Adjusted Base 20,576,003
2002-03 Adjusted Base 22,364,058
2003-04 Adjusted Base 24,723,466
6/9/03
CITY OF DIAMOND BAR
APPROPRIATIONS LIMIT WORK SHEET
2003-2004
California Per Capita Income
2.31%
% Change over Prior Year
Population Change
1.66%
% Change over Prior Year (County)
Per Capita converted to a Ratio 1.0231
Population converted to a Ratio 1.0166
Calculation of Growth Factor 1.0401
2002-2003 Appropriations Limit $22,364,058
2003-2004 Appropriations Limit $23,260,487
6/9/03 2003-2004
CITY OF DIAMOND BAR
APPROPRIATIONS LIMIT WORK SHEET
2003-2004
California Per Capita Income
2.31%
% Change over Prior Year
Population Change
1.59%
% Change over Prior Year (City)
Per Capita converted to a Ratio 1.0231
Population converted to a Ratio 1.0159
Calculation of Growth Factor 1.0394
2002-2003 Appropriations Limit $22,364,058
2003-2004 Appropriations Limit $23,244,470
6/9/03 2003-2004
RESOLUTION NO. 2003
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, SETTING
THE PROPOSITION 4 (GANN) APPROPRIATIONS LIMIT FOR FISCAL
YEAR 2003-2004 FOR THE CITY OF DIAMOND BAR IN ACCORDANCE
WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF THE
GOVERNMENT CODE
WHEREAS, Article XIII B of the Constitution of the State of California (enacted with the
passage of Proposition 4 in 1979 and modified with the passage of Proposition 111 in 1990), provides
that the total annual appropriations limit of such entity for the prior year be adjusted for changes in the
non-residential assessed valuation or the percentage change in the California Per Capita Income and
population except as otherwise specifically provided for in said Article; and
WHEREAS, Section 7910 of the Government Code provides that each year the governing
body of each local jurisdiction shall, by resolution, establish its appropriations limit for the following
fiscal year pursuant to Article XIII B at a regularly scheduled meeting or a noticed special meeting.
Prior to such meeting, documentation used in the determination of the appropriation limit shall be
available to the public; and
WHEREAS, Proposition 111 as approved by the voters of the State of California, revised the
method for calculating the Gann Spending Limit. It also requires a recorded voice vote of the City
Council regarding which of the annual adjustment factors have been selected each year; and
WHEREAS, Section 7902 (a) and 7902.6 of the Government Code sets forth the method for
determining the appropriations limit for each local jurisdiction for the fiscal year; and
WHEREAS, the City Council of the City of Diamond Bar wishes to establish the appropriation
limit for fiscal year 2003-2004 for the City of Diamond Bar.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Diamond Bar, California, as follows:
Section 1. That it is hereby found and determined that the documentation used in the
determination of the appropriations limit for the City of Diamond Bar for fiscal year 2003-
2004 was available to the public in City offices of said City at least fifteen days prior to
this date.
Section 2. That the County of Los Angeles LAFCO, established the appropriations
limit for the newly incorporated City.
Section 3. That the factor selected is the percentage change in total assessed
valuation for the city, due to non-residential construction.
Section 4. That the Appropriations Limit for the City of Diamond Bar as established in
accordance with Section 7902(a) and Section 7902.6 of the California Government
Code is $24,723,466.
Section 5. That the Mayor of the City of Diamond Bar shall sign and the City Clerk
shall certify to the passage and adoption of this Resolution No. 2003-XXXX .
PASSED, APPROVED AND ADOPTED this day of , 2003.
Carol Herrera, Mayor
I, Linda C. Lowry, City Clerk of the City of Diamond Bar do hereby certify that the foregoing
Resolution was passed, and approved and adopted 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:
Linda C. Lowry, City Clerk
City of Diamond Bar
CITY COUNCIL
Agenda #: 8.1 d and 8.1 e
Meeting Date: June 17, 2003
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Resolutions of the City Council of the City of Diamond Bar regarding personnel rules and regulations:
A. Resolution No. 2003 -XX, setting forth personnel rules and regulations and rescinding Resolution
No. 2002-51.
B. Resolution No. 2003 -XX, establishing salary ranges and rates for all classes of employment
rescinding Resolution No. 2002-52.
RECOMMENDATION:
It is recommended that the City Council adopt Resolution No. 2003 -XX, setting forth personnel rules and regulations (Rules
Resolution) and Resolution No. 2003 -XX, establishing job classifications and salary schedules (Salary Resolution).
FINANCIAL IMPACT:
The proposed 3% cost of living adjustment (COLA) for City personnel is estimated to be $86,900 and the benefit allotment
enhancement is estimated to be $14,600 for a total estimated cost to the City in the amount of $101,500 for FY 03-04.
These costs along with the various proposed personnel changes and additional staffing recommendations have been
incorporated into the FY 03-04 Municipal budget. A description of each personnel change is further described in the
background/discussion section of this report.
BACKGROUND/DISCUSSION:
At its May 20 and June 10, 2003 Study Sessions, the City Council approved the recommended FY 03-04 Municipal Budget
decision packages for personnel staffing changes. Personnel changes included staffing for the Community/Senior Center
in the Community Services Division, additional part-time assistance in the Neighborhood Improvement Division and in-
house staffing of environment services in the Public Works Division.
In addition to the staffing proposals, the FY 03-04 proposed budget includes a COLA of 3% for all positions and a $25
increase to the benefit allotment. These proposed changes including language for clarification purposes make it necessary
to amend the Rules and Salary Resolutions.
Summary of Changes in the Rules Resolution (Attachment A)
Job Classifications — Hourly Non -Benefited Part-time Positions (Rules Section 2)
Pursuant to Government Code 20305, part-time employees are excluded from CalPERS membership if they work less than
1000 hours per fiscal year. The City currently tracks hours on a fiscal year; however, the Rules Resolution states that hours
are based on a calendar year. This section is being amended for clarification purposes to state that hours are based on a
fiscal year to be consistent with the CalPERS guideline and the City's current practice.
Rules and Salary Resolution Staff Report
Page 2
Health Benefit Allotment (Rules Section 6)
This section has been amended to increase the monthly health benefit allotment by $25. Effective January 1, 2003, health
benefit plans offered to City of Diamond Bar employees under the CaIPERS Health Program increased an average of 25%
for HMO plans and 20% for PPO plans. CaIPERS health plans are expected to increase an additional 20% for the 2004
plan year. The increase to the City's monthly health benefit allotment should help offset a portion of those increases.
The Section 2 and Section 6 changes have been incorporated into the Rules Resolution.
Summary of Changes in the Salary Schedule Resolution (Attachment B)
The proposed personnel changes that are reflected in the Salary Resolution include a COLA adjustment of 3.0% for all full-
time and part-time positions and the creation of additional range classifications and positions in the Community Services,
Neighborhood Improvement and Public Works/Engineering Divisions. Additional range classifications and positions resulted
in an increase to the number of authorized positions from 40 to 42 full-time positions and 50 to 70 part-time positions
(Attachment C).
Community Services Division
The recommended staffing of the Community/Senior Center includes the creation of additional range classifications and
positions as well as the utilization of existing positions.
A Recreation Supervisor II position, will replace one existing Recreation Supervisor position, to provide expanded
programming supervision. A Parks and Maintenance Supervisor position, will replace one existing Superintendent of Parks
and Maintenance position effective December 31, 2003 due to an anticipated retirement, to provide maintenance and
operations support. A Recreation Specialist position will provide office supervision and oversee the expanded senior citizen
and facility reservation programs. Parks Maintenance Helper II positions will perform event set-up. These positions
resulted in the addition of the following range classifications to the Salary Resolution:
Recreation Supervisor II: Range Classification 1897
Parks and Maintenance Supervisor: Range Classification 1635
Recreation Specialist Range Classification 1437
Parks Maintenance Helper II: Range Classification 763
In addition to the additional range classifications and positions above, existing positions will be utilized to assist in the day-
to-day operations of the Community/Senior Center. These include: Parks Maintenance Helper and Community Service
Leader positions to perform event set-up; a % part-time Community Services Leader II position and Community Services
Leader I positions to assist with office and programming support; and, an Office Assistant II position to provide front desk
operations with support from part-time Community Services Leader and Parks Maintenance Helper positions. No additional
range classifications were needed for these positions since they currently exist in the Salary Resolution.
Neighborhood Improvement Division
In December 2001 the City Council formed a Neighborhood Improvement Sub -committee to develop policies and programs
to protect and preserve the integrity and property values of neighborhoods within the City. In June of 2002 the Sub-
committee recommended the creation of a Senior Neighborhood Improvement Officer position; however, the recruitment
was unsuccessful and with uncertainty of the state budget, the position was placed on hold. During the FY 03-04 budget
process, staffing in this division was re-evaluated and staff was directed to add a part-time Neighborhood Improvement
Officer position. This position resulted in the addition of the following range classification to the Salary Resolution:
Neighborhood Improvement Officer (part-time benefited): Range Classification 987
Rules and Salary Resolution Staff Report
Page 3
Public Works Division
The proposed budget also incorporates an additional Senior Management Analyst position and an Intern (Engineering)
position to bring many of the integrated environmental services in-house. Since 1995, the City has contracted with Huls
Environmental Management for consulting services addressing storm water, solid waste, recycling, waste prevention and
public outreach to achieve and maintain environmental compliance in an integrated fashion. By bringing these services in-
house the City will enhance its level of customer service at a net cost of $7,400. These positions can be primarily funded
with a combination of AB 939, Prop A, and Integrated Waste Management Funds. No additional range classifications were
needed for these positions since they currently exist in the Salary Resolution.
The COLA and recommended staffing changes have been incorporated into the Salary Resolution.
The Rules Resolution and Salary Resolution become effective upon adoption.
PREPARED BY.,
Teresa Arevalo, Senior Management Analyst
REVIEWED BY:
David Doyle
Deputy City Manager
Attachments:
xlht'a.h `
[inda Magnuson
Finance Director
Attachment A: Rules Resolution amending Resolution No. 2003-xx with changes in highlighted text for additions and
strikethrough text for deletions to the appropriate sections.
Attachment B: Salary Resolution 2003-xx establishing salary ranges and rates.
Attachment C: Personnel Summary (list of authorized positions)
Executive Management
-City Manager
-Deputy City Manager
-Public Works Director
-Finance Director
-Dir.Of Community Services
-City Clerk
Full Time Exempt
Attactment C: Personnel Summary
City Of Diamond Bar
Personnel Summary
Fiscal Year 2003-2004
1 1 1
2 2 2
1 1 1
1 1 1
1 1 1
1 1 1
7 7
-Associate Planner
1
1
-Supt of Parks & Maint
1
1
-Public Works - Supervisor
1
1
-Parks & Maint - Supervisor
1
1
-Public Information Manager
1
1
-Assistant Civil Engineer
1
1
-Assoc. Engineer
1
1
-Executive Assistant
1
1
-Senior Administrative Analyst
3
2
-Management Analyst
1
1
-Senior Accountant
1
0
-Development Services Assistant
1
1
-Accountant II
0
1
-Communications & Marketing Coordinator
1
1
-Sr. Neighborhood Improvement Ofcr
1
0
-Assistant City Clerk
1
1
-Recreation Supervisor II
-Recreation Supervisor
2
2
18
16
Full Time Non -Exempt Positions
-Recreation Specialist
0
0
-Administrative Assistant
3
3
-Senior Account Clerk
2
2
-Office Assistant II
1
1
-MIS Technician
1
1
-Neighborhood Improvement Ofcr
2
2
-Maintenance Worker II
1
1
-Office Assistant
3
3
-Community Services Coordinator
3
3
16
16
Totals - Full Time
41
39
7
1
0.5 (6 mo)
1
0.5 (6 mo)
1
1
1
1
4
1
0
1
1
1
0
1
0.5 (6 mo)
1.5 (6 mo)
0
18 0
1
3
2
1
1
2
1
3
3
17 0
42 0
-Neighborhood Improvement Ofcr
-Com Services Leader II - 30 hr/wk
-Com Services Leader I - 20 hr/wk
Totals
-Park Maintenance Helper
-Park Maintenance Helper II
-Com Services Coordinator-Daycamp
-Com Services Worker (seasonal)
-Com Services Leader I
-Com Services Leader II
-Intern/Part-Time
Totals - Part Time
City Of Diamond Bar
Personnel Summary
Fiscal Year 2003-2004
2 2
1 1
3 3
1
Actual
5
2
Approved
1
4
0
2002-2003
Approved
8
Actual
5
2003-2004
Proposed
13
Approved
5
1
1
1
3
3
3
16
9
21
18
10
20
2
1
3
48
29
66
0
51
32
70
0
Attachment A: Rules Resolution
RESOLUTION NO. 2003 -XX
RESOLUTION OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL RULES AND
REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACATIONS, LEAVES
OF ABSENCES, AND OTHER REGULATIONS EFFECTIVE JULY 1, 2003;
RESCINDING RESOLUTION NO. 2002-51 IN ITS ENTIRETY.
1. WHEREAS, the purpose of the rules and regulations is to communicate to employees the
benefits, policies and requirements of the job, as well as provide guidance to supervisors in the administration
of the personnel system;
2. WHEREAS, the City Council has determined that it is necessary to the efficient operation and
management of the City that rules and regulations be maintained prescribing sick leave, vacation, leaves of
absences, and other regulations for the officers and employees of the City; and
WHEREAS, as the rules and regulations do not create any contract of employment, express or
implied, or any rights in the nature of a contract;
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Diamond Bar, California,
as follows:
SECTION 1. COMPREHENSIVE JOB CLASSIFICATION AND SALARY SCHEDULES
Pursuant to Ordinance 21 (1989), a comprehensive job classification and salary schedule for authorized full-
time and part-time positions shall be established upon adoption of a resolution by the City Council.
SECTION 2. JOB CLASSIFICATIONS
For the purposes of the City's Personnel System, each position title shall correspond to a job classification
number as reflected in the job classification and salary resolution.
A. Hourly Non -benefited Positions — Job Classification Range 100-899.
These positions are classified and referenced as either seasonal or intermittent part-time.
1. Seasonal Part-time — a seasonal position is a position that is utilized up to 40 hours per week on a
seasonal or partial year basis, but not more than 1000 hours per M year
2. Intermittent Part-time — an intermittent position is a position that is utilized an average of 19 '/2 hours
or less per week and no more than 1000 hours per 16 ', ealend year.
B. Hourly Benefited Positions — Job Classification Range 900-999.
These positions are classified and referenced as regular part-time. A regular part-time position is a
position that is utilized twelve (12) months per year and works an average of 20 or more hours per week
on a year-round basis. Benefits for regular part-time employees shall be the same as provided for non-
exempt full-time employees on a pro -rated basis.
Resolution 2003 -XX
Rules Resolution No. 2003 -XX
Page 2
C. Full-time Non- Exempt Positions — Job Classification Range 1000-1599.
Positions in job classification range 1000-1599 are subject to the Fair Labor Standards Act (FLSA)
overtime requirements.
D. Full-time Exempt Positions — Job Classification Range 1600-1999.
The City of Diamond Bar has determined various executive, administrative and professional employees
are exempt from the overtime requirements of the FLSA. Employees in the job classification range
1600 and above are considered exempt.
E. Executive Management Positions — Job Classification Range 2000-3999 are Executive Management
positions, which are also classified as exempt. Executive management positions may be terminated with
or without cause, at any time, at the will of the City, in its sole discretion.
SECTION 3. ADVANCEMENT WITHIN THE SALARY SCHEDULE
A. New full-time and regular part-time employees shall be hired at the entry step or any step at the
discretion of the City Manager and must successfully complete a one-year probation period. At the end
of six months, the employee will be given a performance evaluation and shall be eligible for the next
step. Every year thereafter, employees shall be given a performance evaluation and shall move to each
successive step, so long as the employee's performance is satisfactory or above.
B. Intermittent and seasonal part-time employees shall be hired at the entry step or any step at the
discretion of the City Manager and must successfully complete a one-year probation period. At the end
of six months, the employee will be given a performance evaluation. In order to receive a step increase,
a part-time employee must complete one year of service and worked a minimum of 500 hours.
C. An employee that has received a one-year evaluation and has reached the top step in their job
classification shall be moved to a July 1 annual evaluation date.
D. An employee shall receive their annual step increase on time regardless of supervisor's completion of
timely evaluation.
SECTION 4. PROBATION
The probationary period shall be regarded as a part of the testing process and shall be utilized for closely
observing the employee's work to determine the employee's fitness for the position.
A. In an effort to monitor newly hired employees, the probation period for newly hired employees is one
year of actual and continuous service. Periods of time on paid or unpaid leave exceeding five (5) days
(consecutive or not) shall automatically extend the probationary period by that number of days the
employee is on leave.
B. If it is determined that the probationary should be extended, the probationary employee shall be given
notice in writing prior to the expiration of the original probationary period.
Resolution 2003 -XX
Rules Resolution No. 2003 -XX
Page 3
C. During the probationary period an employee may be rejected at any time without cause and without the
right of appeal.
SECTION 5. VEHICLE USE
A. Private automobiles are not to be used for the City business except as authorized. The City Manager
may authorize such use at the reimbursement rate equal to that set forth by the Internal Revenue Service.
Payments shall be based upon the most direct route to and from the destination, and garage and parking
expenses shall be paid in addition to the current rate, upon submission of paid receipts.
B. Executive Management Employees will receive a monthly car allowance of $150 per month. This
stipend will be in lieu of any mileage reimbursement. If additional garage and parking expenses are
incurred, they are reimbursable.
SECTION 6. HEALTH BENEFIT ALLOTMENT
All designated officials, full-time employees and regular part-time employees will be provided a
monthly allotment of $7-4-5 a month (pro -rated for regular part-time employees) which can be applied to
selected benefit options as described in Section 7.
A. Members of the City Council, Executive Management and employees defined as full-time exempt shall
receive an additional $30.00 per month to be applied as described in Section 7.
B. Premiums for selected benefits options are paid from the monthly health benefit allotment as described
in section 7. The total of all premiums for selected benefits that exceed the monthly health benefit
allotment will be paid at the employees' expense as a bi-weekly payroll deduction.
C. Employees who are not encumbering their entire health benefit allotment will have those funds applied
to a Section 457 deferred compensation plan offered through the International City Management
Association (ICMA). Monies in excess of the City's 457 Plan maximum shall be paid off annually each
December.
SECTION 7. HEALTH AND BENEFIT OPTIONS
A. All designated officials, full-time employees and designated regular part-time employees (pro -rated for
regular part-time employees) are eligible to receive group health, dental, vision, life, deferred
compensation, disability insurance and employee assistance program within the City's group insurance
carrier(s). The administrative cost and premiums are paid as described below. Eligible dependents of
designated officials and full-time and part-time employees are eligible for health, dental and vision
insurance.
B. Premiums for selected benefits that are not paid by the City are paid from the employee's monthly
health benefit allotment to a maximum as described in Section 6. The total of all premiums for selected
benefits that exceed the monthly health benefit allotment will be paid at the employees' expense as a bi-
weekly payroll deduction.
Resolution 2003 -XX
Rules Resolution No. 2003 -XX
Page 4
1. Health Plan: Designated officials and full-time and regular part-time employees and their eligible
dependents are eligible for health coverage through the California Public Employees' Retirement
System (Ca1PERS). Premiums vary depending on health plan selected. If selected, the premium is
deducted from the monthly health benefit allotment.
2. Dental Plan: Two dental plans are available to designated officials and full-time and regular part-
time employees and their eligible dependents. The City pays for employee coverage. If dependent
coverage is selected, the premium is deducted from the monthly health benefit allotment.
3. Vision Plan: One vision plan is available to designated officials and full-time and regular part-time
employees and their eligible dependents. The City pays for employee coverage. If dependent
coverage is selected, the premium is deducted from the monthly health benefit allotment.
4. Life/Accidental Death and Dismemberment Insurance: Life and accidental death and
dismemberment insurance is provided to all designated officials ($10,000 benefit) and full-time and
regular part-time employees ($50,000 benefit). This benefit is provided at no cost to designated
officials and full-time employees and at a pro -rated cost to regular part-time employees.
Supplemental life insurance is also available. If supplemental life insurance is selected, the premium
is deducted from the monthly health benefit allotment.
5. Deferred Compensation: A Section 457 deferred compensation plan is made available to all
designated officials and full-time and regular part-time employees through the International City
Management Association (ICMA). Employees not encumbering their entire monthly health benefit
allotment will have those excess funds deferred into this plan. Employees may also elect to have
additional contributions are their expense as a payroll deduction on a bi-weekly basis. Total deferral
contributions are not to exceed limits under Section 457 of the Internal Revenue Code.
6. Short-term and Long-term Disability: A short-term and long-term disability benefit is provided to all
full-time and regular part-time employees at no cost to the employee. This benefit provides income
replacement in the event of a covered disability at 60% of salary up to a maximum of $1500 per
week. There is a 15 -day elimination period for short-term disability.
7. Employee Assistance Program (EAP) — All designated officials and full-time and regular part-time
employees are eligible to receive face-to-face assessment, treatment and follow-up to help resolve a
broad range of personal, work, and family problems. Employees are eligible to receive up to 5 -
sessions of treatment with professional counselors for early intervention and treatment at no cost the
employee.
SECTION 8. STATUS OF EMPLOYMENT
All employees serve under the City Manager, pursuant to Government Code Section 34856. Per
Government Code Section 36506, nothing in these rules and regulations shall be construed to provide
employees with any tenure or property interest in employment.
SECTION 9. PUBLIC EMPLOYEES' RETIREMENT SYSTEM - DEFERRED
COMPENSATION
The City of Diamond Bar shall pay the employee contribution of said employee salary to the State
Public Employees' Retirement System (PERS) as deferred income.
Resolution 2003 -XX
Rules Resolution No. 2003 -XX
Page 5
SECTION 10. PAY PERIODS
The compensation due to all officers and employees of the City shall be paid on a bi-weekly basis.
SECTION 11. PAY DAYS
Warrants, checks or electronic transfers in the payment of compensation shall be made available by the
City to employees and officers of the City on the Friday succeeding the close of any given pay period. In an
event that pay day falls on a holiday, all warrants, electronic transfers or checks in payment of compensation
shall be made available to the City employee on the last work day preceding the holiday.
SECTION 12. WORKING HOURS AND OVERTIME
A. Nine (9) hours Monday through Thursday and eight (8) hours on Friday, exclusive of lunch period, shall
constitute a day's work for all full time employees participating in the 9/80 flex plan. Employees
participating in the 9/80 -flex plan will work 80 hours in a nine -day period.
Eight (8) hours, exclusive of lunch period, shall constitute a day's work for all full time employees
participating in the traditional eight- (8) hour work schedule.
B. The official work week of the City of Diamond Bar shall be Monday through Thursday, 7:30 a.m. to
5:30 p.m., and Friday, 7:30 a.m. to 4:30 p.m. It shall be the duty of each Department Head to arrange the
work of their Department so that each employee therein shall not work more than five days in each
calendar week. The City Manager may require an employee to temporarily perform service in excess of
five (5) days per week when public necessity or convenience so requires.
The work period will be begin at 12:01 p.m. on Friday and end the following Friday at noon for all
full-time employees on a traditional schedule and all full-time employees scheduled to be off on
Fridays in accordance with the 9/80 work schedule.
2. The work period will begin at 12:01 p.m. on Monday and end the following Monday at 12 noon for
all full-time employees scheduled to be off on Mondays in accordance with the 9/80 schedule.
C. Whenever an employee, other than an exempt employee, shall be required to work overtime, beyond 40
hours per week, such person shall receive compensation for such overtime worked at one and one-half
(1 1/2) tirnes the regular rate of pay, provided they have completed full 40 hour work week.
D. Any full time employee, other than an exempt, who is required to work on an observed holiday beyond
the regular 40 hour work week, shall be entitled to pay at the rate of two (2) times the regular rate of pay
provided they have worked a 40 hour work week.
E. Hourly and non-exempt employees are prohibited from working overtime without express authorization
from the City Manager.
F. There is nothing contained within this Section to exclude the City from implementing a 4-10 or
traditional Plan at their option.
Resolution 2003 -XX
Rules Resolution No. 2003 -XX
Page 6
SECTION 13. ANNUAL VACATION
The purpose of annual vacation leave is to enable each eligible employee annually to return to his or her work
mentally and physically refreshed. All eligible employees shall be entitled to annual vacation leave with pay as
follows:
A. A full time employee, pursuant to the below schedule, shall be entitled to a vacation, to be accrued at the
appropriate hours per pay period. Regular part-time employees are eligible for vacation at a pro -rated
accrual rate based upon hours scheduled to work.
YEARS OF SERVICE ANNUALVACATION ACCRUAL
1 - 5 80 hours 3.08 hours per pay period
6-10 120 hours 4.62 hours per pay period
11 & up 160 hours 6.15 hours per pay period
B. Vacation time may be accumulated to a maximum of 240. Once the 240 -hour maximum accumulation
is exceeded, no further vacation leave shall accrue until the employee reduces the accumulation below
the maximum.
C. The total vacation allowance shall be computed to the nearest whole day based upon the number of full
months of City service.
D. In the event one or more observed holidays follow accumulated vacation leave, such days shall not be
charged as vacation leave and the vacation leave shall be extended accordingly for those employees
eligible for such holidays.
E. An employee shall take vacation at such time during the calendar year based upon due regard to the
needs of the employee's services and the work schedule.
F. Employees are eligible to use vacation leave, as it is accrued and/or accumulated.
G. The time set for the vacation of the City Manager shall be subject to the approval of the City Council.
H. Employees who terminate shall be paid the salary equivalent to all accrued and accumulated vacation.
I. All vacation requests shall be made at least ten (10) days in advance and employee's supervisor and City
Manager must give prior approval.
J. If an employee does not request time off in advance and simply does not show up for work, the City
Manager may deny the use of vacation time or other benefit for the time off, and said employee is
subject to disciplinary action including discharge.
K. Exempt employees, for the purpose of accrual, shall be credited with previous municipal experience, up
to five (5) years of full-time service.
Resolution 2003 -XX
Rules Resolution No. 2003 -XX
Page 7
SECTION 14. SICK LEAVE
A. Sick leave with pay shall be accrued by full-time employees at a rate of 3.08 hours per pay period.
Regular part-time employees are eligible for sick leave and receive a pro -rated accrual rate based upon
hours scheduled to work.
B. Employees are eligible to use sick leave, as it is accrued and/or accumulated.
C. Absence or illness may not be charged to sick leave if not already accrued and/or accumulated.
D. Each full time employee shall be paid annually for all accrued sick leave in excess of the maximum
allowable accumulation of 200 hours at a rate of one-half the employee's current wage at the time of
payment. Said payment is to be made during the month of December, or at such other time as the City
Manager may determine, at his/her absolute discretion, as appropriate.
E. Sick leave shall be allowed only in case of necessity and actual sickness or disability of the employee or
dependent family members, as determined by the City Manager. In order to receive sick leave with pay,
the employee shall notify the supervisor or Department Head prior to or within two (2) hours after the
time set for beginning daily duties. The City Manager may, if he/she deems necessary, require the
employee to file a Physician's Certificate or a Personal Affidavit.
F. Sick leave shall not accrue to any employee for any month in which that employee is on unpaid leave
and does not work a minimum of 80 hours in any one month.
G. If an employee does not show up for work and does not call in within two hours, the City Manager may
deny use of sick leave for the unauthorized time off, and employee is subject to disciplinary action.
H. Except as otherwise required by law, employees using all accumulated sick leave may be deemed to
have abandoned their employment.
I. After five (5) years of service, when an employee retires, resigns or terminates in good standing, that
employee will be paid all accumulated sick leave at a rate of one-half (1/2) of the employee's current rate
of pay at his/her date of termination.
J. Sick leave to attend to the illness of a child, parent, or spouse of the employee (pursuant to California
Labor Code Section 233). Use of sick leave for this purpose (as opposed to when used for an
employee's own illness), shall be limited to half the yearly sick leave entitlement in any one (1) year
period. The amount of leave available is limited to what the employee accrued prior to utilizing sick
leave for this purpose. Additionally, sick leave taken for this purpose shall be allowed only in the case
of necessity of and actual illness of an employee's child, parent, or spouse as determined by the City
Manager. In order to receive sick leave with pay for this purpose, the employee shall notify the
Department Head prior to or within (2 hours after the start of the employee's scheduled work shift. The
City Manager may, if he/she deems necessary, require the employee to file a Physician's Certificate
(regarding the illness of the employee's child, parent or spouse) or an Affidavit stating the cause of
absence. Use of sick leave under this section shall not extend the maximum period of leave to which an
employee is entitled under Family and Medical Leave (Section 16).
Resolution 2003 -XX
Rules Resolution No. 2003 -XX
Page 8
SECTION 15. FAMILY AND MEDICAL LEAVE
The family and medical leave policy complies with the California Government Code, Sections 12945,
12945.2, and 19702.3, and the federal Family and Medical Leave Act of 1993. California law shall prevail
unless preempted by federal law.
Copies of the state and federal acts are available in the Personnel Department. Following is a summary of
pertinent sections.
A. The family and medical leave allows for an eligible employee to take twelve (12) weeks of leave in a
twelve (12) month period for the birth, adoption, or foster care of a child; the serious health condition of
the employee's child, parent or spouse; or the employee's own serious health condition.
B. During the twelve (12) week period, paid leave may be charged to accrued benefit time such as vacation,
administrative leave and floating holidays, at the employee's request during the family and medical
leave period as long as the total time off does not exceed twelve (12) weeks in a twelve (12) month
period. In addition, accrued sick leave may be used at the employee's request, in accordance with
Section 15. If the employee has extinguished their benefit leave and accrued leave balance, but have a
balance in their FMLA, they are still eligible to take the time, but must do so at no pay and with no
accrual of leave time (sick or vacation).
C. Health insurance benefits shall continue for the duration of the family and medical leave under the same
conditions as if the employee had continued employment. If the employee fails to return to work after
the period of leave to which the employee is entitled has expired, the City is entitled to recover the
premiums paid on behalf of the employee for maintaining coverage.
D. To be eligible for family and medical leave, the employee must be employed by the City of Diamond
Bar for at least 12 months and has worked at least 1,250 hours over the previous 12 -month period for the
City of Diamond Bar.
E. The City will use a rolling 12 -month period measured backward from the date the employee uses
FMLA.
F. The City Manager may, if he/she deems necessary, required the employee to file a Physicians Certificate
or Personal Affidavit stating the cause of absence.
G. When a husband and wife are both employed by the City of Diamond Bar, they are limited to a total of
12 weeks collectively for family leave during the 12 -month period.
H. Employee will be reinstated to the same position of employment held when the employee's leave
commenced; or reinstated to an equivalent position with equivalent employment benefits, pay, and other
terms and conditions of employment, unless position ceased to exist for reasons unrelated to the leave.
Resolution 2003 -XX
Rules Resolution No. 2003 -XX
Page 9
SECTION 16. PREGNANCY DISABILITY LEAVE
In compliance with California law, the following section has been added. Separate from FMLA, when
an employee is pregnant, they are eligible for six weeks of leave for a normal childbirth and up to 16 weeks
when there is certification by a physician that there is a disability or related medical condition due to the
pregnancy.
A. During the Pregnancy Disability Leave Time, paid leave may be charged to accrued benefit time such as
vacation, administrative leave and floating holidays, at the employee's request. In addition, accrued sick
leave may be used at the employee's request, in accordance with Section 15. If the employee has
extinguished their benefit leave and accrued leave balance, but have a balance in their PDL, they are still
eligible to take the time, but must do so at no pay and with no accrual of leave time (sick or vacation).
B. Health insurance benefits shall continue for the duration of the Pregnancy Disability Leave under the
same conditions as if the employee had continued employment. If the employee fails to return to work
after the period of leave to which the employee is entitled has expired; the City is entitled to recover the
premiums paid on behalf of the employee for maintaining coverage.
C. The City Manager may require the employee to file a physician's certificate or personal affidavit if the
leave is to be for more than a six-week period.
SECTION 17. BEREAVEMENT LEAVE
When circumstances are such and the City Manager determines that conditions warrant, three (3) paid
bereavement leave days may be granted in the event of death of a relative of a full-time employee. "Relative" is
defined as spouse, parents, children, step -children, brother, sisters, grandparents, grandchildren, half-brothers,
half-sisters, aunts, uncles, to the City employee or as may be approved by the City Manager.
SECTION 18. UNAUTHORIZED LEAVE
If an employee does not show up for work for three consecutive work days without notifying said
employee's supervisor or Department Head, said employee shall be considered to have voluntarily terminated
employment with the City.
SECTION 19. ON-THE-JOB INJURY
Whenever a person is compelled to be absent from employment with the City on account of injury
arising out of or in the course of that employee's employment as determined by the Workers' Compensation Act,
the employee may elect to apply pro -rated accrued sick leave, if any, to such absence to receive compensation
of an amount of the difference between the compensation received under the Workers' Compensation Act and
that employee's regular pay, not to exceed the amount of the employee's earned sick leave. An employee in such
instance may also elect to use any earned vacation time in like manner after sick leave is exhausted. The City
will pay the employee up to three (3) days of that employee's regular salary as it relates to an on-the-job injury
and if not covered by Workers' Compensation.
Resolution 2003 -XX
Rules Resolution No. 2003 -XX
Page 10
SECTION 20. JURY DUTY
If a full-time employee is called for jury duty, such person shall receive regular pay while actually
performing jury service, however, any amount received by such employee as payment for services as juror shall
be reimbursed to the City. All mileage paid to the employee, as a juror shall not be considered as a
reimbursable item to the City. Regular part-time employees who are eligible for jury duty receive such as a pro-
rated accrual rate based upon hours scheduled to work.
SECTION 21. ATTENDANCE
Full time employees shall be in attendance at their work in accordance with the rules regarding hours of
work, holidays, and leave. Departments shall keep attendance records of all employees. Absence of any
employee without leave may result in possible disciplinary action, including discharge.
SECTION 22. HOLIDAYS
A. Holidays which fall on Saturday shall be observed on the preceding Friday, and holidays which fall on
Sunday shall be observed on the following Monday. Paid holidays are only for the observed days.
B. The City of Diamond Bar's observed paid holidays are as follows:
1.
New Year's Day (January 1)
2.
President's Day (observed the third Monday in February)
3.
Memorial Day (observed the last Monday in May)
4.
Independence Day (July 4)
5.
Labor Day (observed first Monday in September)
6.
Veteran's Day (November 11)
7.
Thanksgiving Day
8.
Day following Thanksgiving Day
9.
Christmas Eve (December 24)
10.
Christmas Day (December 25)
11.
Sixteen (16) Floating Holiday Hours
C. If an observed holiday falls on a nine (9) hour work day under the 9/80 work schedule, those employees
on the 9/80 schedule shall receive nine (9) hours of holiday pay and those employees on a traditional
work schedule shall receive eight hours of holiday pay.
D. If an observed holiday falls on an eight (8) hour work day under the 9/80 work schedule, those
employees on the 9/80 schedule shall be receive eight (8) hours of holiday pay and those employees on
the traditional work schedule shall receive eight (8) hours of holiday pay.
SECTION 23. FLOATING HOLIDAY HOURS
A. Each full time employee is allowed sixteen (16) hours per calendar year, January through December.
Regular part-time employees are allowed prorated floating holiday hours per calendar year, January
through December based upon hours scheduled to work.
Resolution 2003 -XX
Rules Resolution No. 2003 -XX
Page 11
B. Floating Holiday hours are not cumulative and must be used during the above period or said employee
will lose the allocated hours.
C. Each employee must submit a request in advance, and approval must be given by the employee's
supervisor and Department Head.
D. An employee is eligible to use floating holiday hours as they are accrued.
E. Floating Holiday hours may be used in lieu of sick leave only if all other benefit time has been
exhausted.
SECTION 24. TRAINING PLAN
The City Manager and employees of the City are eligible to request specialized training in the form of
symposiums, special courses, forums, etc., at the City's expense.
SECTION 25. LEAVE OF ABSENCE
Leave of absence without pay may only be granted by the City Manager and shall not exceed one year,
except as otherwise prescribed by law.
SECTION 26. RESIGNATION
An employee wishing to terminate employment in good standing shall file a written resignation with the
City Manager stating the effective date and reasons for leaving, at least two (2) weeks prior to the resignation.
Failure to give such notice shall mean the employee did not terminate in good standing, unless by reason of
hardship and upon that employee's request, the City Manager has waived the two-week notice requirement.
SECTION 27. ANTI -NEPOTISM PROVISION
A. Relatives of those listed below may not be employed anywhere in the City organization:
1. City Council Members;
2. Standing Board and Commission members;
3. Management Team Members of the City;
5. Employees of the City Manager's Department; or
6. Employees of the Personnel Department.
B. The employment of a relative within a department is prohibited when they:
1. Perform joint duties;
2. Share responsibility of authority;
3. Function in the same chain of command; and
4. Work on the same shift at the same work site.
C. For business reasons of supervision, safety, security or morale, the City may refuse to place one spouse
under the direct supervision of the other spouse.
Resolution 2003 -XX
Rules Resolution No. 2003 -XX
Page 12
D. For business reasons of supervision, safety, security or morale, an employer may refuse to place both
spouses in the same department, division, or facility if the work involves potential conflicts of interest or
other hazards greater for married couples than other persons.
E. "Relative" means child, stepchild, parent, grandparent, grandchild, brother, sister, half-brother, half-
sister, aunt, uncle, niece, nephew, parent -in-law, brother -in law, sister-in-law, or another individual
related by blood or marriage.
F. "Employee" means any person who receives a City paycheck for services rendered to the City.
G. For business reasons, these sections shall be enforced to address the marriage of employees in the City's
employment, within six (6) months of said marriage.
H. Exceptions to this section may be made by the City Manager in unusual circumstances where the
concerns addressed by this policy are not implicated. Any appeal of the enforcement of this section shall
be in accordance to the City's grievance procedures.
SECTION 28. NON-DISCRIMINATION
The City of Diamond Bar does hereby affirm to adopt and support a policy of non-discrimination with
regard to all phases of personnel recruitment, selection and appointment. The City further declares that it will
not exclude from participation in, deny the benefits to, or subject to discrimination any person on the basis of
race, color, sex, religious affiliation, national origin, age or disability, thereby affirming the City of Diamond
Bar's posture as an equal opportunity employer.
SECTION 29. EMPLOYEE PERFORMANCE EVALUATION APPEALS PROCEDURES
It is the intent of the City to offer fair and equitable appeals procedures for employee's performance
evaluations. Below are the official guidelines.
A. Employee and supervisor meet to review and discuss the employee's performance evaluation.
B. The employee may respond in writing to the contents of the evaluation. The employee must submit this
response to the Department Head within five (5) working days immediately following receipt of the
evaluation.
C. The Department Head, as the reviewing official, shall respond in writing to the employee within five (5)
working days. This response becomes an official part of the evaluation.
D. If the Department Head does not respond or if the employee chooses to continue to appeal following the
response from the reviewing official, the employee must submit an additional written response to the
Personnel Officer within five (5) working days after receipt of the reviewing official's response.
E. The Personnel Officer shall review the evaluation appeal within five (5) days with the employee,
supervisor and Department Head. Every effort will be made at this level to resolve the appeal. If the
Personnel Officer and City Manager are the same, the appeal shall proceed directly to the City Manager.
Resolution 2003 -XX
Rules Resolution No. 2003 -XX
Page 13
F. If the matter is not settled, a written appeal may be submitted to the City Manager by the employee
within five (5) working days following the decision rendered in writing by the Personnel Officer.
G. The City Manager shall review the appeal with the employee, supervisor, Department—Head and
Personnel Officer. The decision shall be rendered in writing within fifteen (15) working days by the
City Manager, and the decision of the City Manager shall be final.
SECTION 30. POST OFFER PHYSICAL EXAMS
As a condition of an offer of City employment all candidates must successfully pass a post -offer
physical and substance abuse exam and are subject to fingerprinting and a background investigation. The
candidates being considered for employment will be sent to a City authorized physician at the City's expense.
SECTION 31. EMERGENCY CALL -OUT POLICY
The following Emergency Call -Out Policy shall be adhered to:
A. When a full time employee or part-time, other than an exempt employee, is called out for a City
emergency, the employee shall be given a minimum of two hours pay, regardless of the amount of time
it takes to rectify the problem.
B. The employee shall be paid overtime per Section 12.
SECTION 32. ADMINISTRATIVE LEAVE
Exempt employees are allowed eighteen (18) hours of administrative leave per fiscal year. Executive
Management employees are allowed thirty-six (36) hours of administrative leave per fiscal year. Additional
days of leave may be authorized by the City Manager, based on the number of total hours the individual works
over and above 40 hours per work week.
Administrative leave may not be accumulated and carried over to the following year. It must be used by June
30 of each fiscal year. Leave may be granted in hourly increments. Requests shall be submitted to employee's
immediate supervisor for approval, then forwarded to the City Manager for approval. Administrative leave will
be authorized at the convenience of the City and the work schedule.
SECTION 33. MEDICARE
Pursuant to Revenue Billing 86-68 of the Internal Revenue Code, all employees hired after March 31,
1987 will have 1.45 percent of their base salary deducted from their paycheck to be paid to Medicare. The City
will match the 1.45 percent as mandated by law.
Resolution 2003 -XX
Rules Resolution No. 2003 -XX
Page 14
SECTION 34. IMMIGRATION REFORM AND CONTROL ACT OF 1986
In compliance with the Immigration Reform and Control Act of 1986, all new employees must verify
identity and entitlement to work in the United States by providing required documentation.
SECTION 35. EXTENDED BENEFITS — COBRA
The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) provides for the continuation
of health care coverage to certain employees who terminated employment and beneficiaries of employees who
die, become disabled or are divorced. Employees become eligible for continued coverage upon termination of
service, whether voluntary or not (other than termination for gross misconduct), retirement or reduction in hours
worked. For these employees and their dependents, continued coverage is available for the time period set forth
by law, at their expense.
SECTION 36. TUITION REIMBURSEMENT
Subject to Council fiscal year budget authorization, each full-time and regular part-time (on a pro -rated
basis) employee shall be entitled to reimbursement in the amount of $500 per fiscal year, for college -level or
university -level educational courses (including tuition and related books), which have been approved by the
Personnel Officer or his/her designate as being job-related and of value to the City. Reimbursement under this
Section is contingent upon the verification of the attainment of a letter grade of "C" or better, or in those cases
where no letter grade is given, verification of completion of the course with a "Pass" or "Credit" grade and
submittal of a receipt for registration bearing the name of the course, for which reimbursement is being
requested. In the case of reimbursement for books for any approved/verified course; a syllabus, course reading
list or course outline showing the book as being required for the course, plus a receipt bearing the title of the
book shall be submitted.
SECTION 37. PART TIME EMPLOYEES' RETIREMENT
Effective July 1, 1991, intermittent and seasonal part-time employees will be covered by a retirement
system, under Social Security (OASDI). An employee's contribution rate shall be 6.2% on wages up to the
maximum provided by law. The employer's tax rate is the same. Election workers and emergency workers are
excepted from coverage, under this section. Regular part-time employees are covered under the State Public
Employees' Retirement System (PERS).
SECTION 38. SEVERABILITY
The City Council declares that, should any provision, section, paragraph, sentence, or work of this
Resolution be rendered or declared invalid by any final Court action in a court of competent jurisdiction, or by
reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of
this Resolution shall remain in full force and effect.
SECTION 39. Resolution No. 2002-51 is hereby repealed in its entirety.
Resolution 2003 -XX
Rules Resolution No. 2003 -XX
Page 15
PASSED, ADOPTED AND APPROVED THIS day of , 2003
Carol Herrera, Mayor
I, Linda C. Lowry, City Manager of the City of Diamond Bar, do hereby certify that the foregoing
Resolution was passed, approved and adopted at a 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:
ABSTAIN: COUNCIL MEMBERS:
ATTEST:
Linda C. Lowry, City Manager
City of Diamond Bar
Resolution 2003 -XX
Attachment B: Salary Resolution
Resolution No. 2003 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR ESTABLISHING SALARY RANGES FOR ALL CLASSES OF
EMPLOYMENT EFFECTIVE THE PAY PERIOD COMMENCING JULY 1,
2003; RESCINDING RESOLUTION NO. 2002-52 IN ITS ENTIRETY.
WHEREAS, the City Council of the City of Diamond Bar has adopted the annual budget for fiscal year
2003-2004;
WHEREAS, the City Council of the City of Diamond Bar wishes to establish salary ranges
(Attachment 1, Schedule A-E) for the compensation of its employees, including cost of living
adjustments and compliance with minimum wage requirements;
WHEREAS, it is necessary to assign each position to a job classification number that reflects the
various levels as either non-exempt full-time (Schedule A), exempt full-time (Schedule B), executive -
management (Schedule C), non -benefited part-time (Schedule D) or benefited part-time (Schedule E)
(Schedule A-E attached);
WHEREAS, it is necessary from time to time to establish comprehensive job classifications and
salary schedules to fix the rate of compensation to be paid to employees of the City;
NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Diamond Bar, does hereby
repeal all previous salary resolutions and establishes salary ranges for non-exempt full-time, exempt
full-time, executive -management, non -benefited part-time and benefited part-time as outlined in
Salary Schedules A-E.
PASSED, ADOPTED AND APPROVED this day of , 2003.
Carol Herrera, Mayor
I, LINDA C. LOWRY, City Manager 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:
ABSTAIN: COUNCIL MEMBERS:
ATTEST:
Linda C. Lowry, City Manager
City of Diamond Bar
Attachment 1: Salary Schedules A-E
CITY OF DIAMOND BAR
SALARY RANGES BY POSITION
FY 2003-2004
FULL-TIME NON-EXEMPT POSITIONS
(JOB CLASSIFICATIONS 1000-1599)
RANGE JOB TITLE
1037 Office Assistant
1141 Account Clerk II
Community Services Coordinator
Office Assistant 11
1203 Parks Maintenance Worker 11
1257 Administrative Secretary
Senior Account Clerk
1365 Senior Administrative Assistant
1437 Nei hborhood Improvement Officer
1519 Management Information System
(MIS) Technician
Schedule A
Effective 7/1/03
A B C D E F G
12.15 12.76 13.39 14.06 14.77 15.50 16.28
971.8211 1,020.4121 1,071.4327 1,125.0044 1,181.2546 1,240.3173 1,302.3332
2,105.61 2,210.89 2,321.44 2,437.51 2,559.38 2,687.35 2,821.72
13.36 14.02 14.73
15.46
16.24 17.05
17.90
1,068,5514 1,121.9790 1,178.0779
1,236.9818
1,298.8309 1,363.7724
1,431.9611
2,315.19 2,430.95 2,552.50
2,680.13
2,814.13 2,954.84
3,102.58
14.09 14.79 15.53
16.31
17.12 17.98
18.88
1,127.0006 1,183.3506 1,242.5182
1,304.6441
1,369.8763 1,438.3701
1,510.2886
2,441.83 2,563.93 2,692.12
2,826.73
2,968.07 3,116.47
3,272.29
14.72 15.46 16.23
17.04
17.89 18.79
19.73
1,177.6603 1,236.5434 1,298.3705
1,363.2891
1,431.4535 1,503.0262
1,578.1775
2,551.60 2,679.18 2,813.14
2,953.79
3,101.48 3,256.56
3,419.38
15.52 16.29 17.11
17.96
18.86 19.80
20.79
1,241.2406 1,303.3026 1,368.4677
1,436.8911
1,508.7357 1,584.1724
1,663.3811
2,689.35 2,823.82 2,965.01
3,113.26
3,268.93 3,432.37
3,603.99
16.83 17.67 18.56
19.49
20.46 21.48
22.56
1,346.5656 1,413.8939 1,484.5886
1,558.8180
1,636.7589 1,718.5969
1,804.5267
2,917.56 3,063.44 3,216.61
3,377.44
3,546.31 3,723.63
3,909.81
17.79 18.68 19.61
20.59
21.62 22.70
23.84
1,423.1683 1,494.3267 1,569.0431
1,647.4952
1,729.8700 1,816.3635
1,907.1817
3,083.53 3,237.71 3,399.59
3,569.57
3,748.05 3,935.45
4,132.23
CITY OF DIAMOND BAR
SALARY RANGES BY POSITION
FY 2003-2004
FULL-TIME EXEMPT POSITIONS
(JOB CLASSIFICATIONS 1600-1999)
RANGE JOB TITLE
1752 Senior Management Analyst
Sr. Neighborhood Improvement Officer
Schedule B
Effective 7/1/03
A B C D E F G
19.14 20.10 21.10 22.16 23.27 24.43 25.65
1,531.2550 1,607.8178 1,688.2087 1,772.6191 1,861.2501 1,954.3126 2,052.0282
3,317.72 3,483.61 3,657.79 3,840.67 4,032.71 4,234.34 4,446.06
20.58 21.61 22.69 23.82 25.01 26.26 27.57
1,646.0992 1,728.4042 1,814.8244 1,905.5656 2,000.8439 2,100.8861 2,205.9304
3,566.55 3,744.88 3,932.12 4,128.73 4,335.16 4,551.92 4,779.52
1897
Communications & Marketing Coordinator
22.21 23.33 24.49 25.72 27.00 28.35 29.77
"NAW
1,777.1692 1,866.0277 1,959.3290 2,057.2955 2,160.1603 2,268.1683 2,381.5767
1,777.1692
Senior Accountant
3,850.53 4,043.06 4,245.21 4,457.47 4,680.35 4,914.36 5,160.08
Superintendent of Parks/Maintenance
1987
Associate Planner
23.27 24.43 25.65 26.94 28.28 29.70 31.18
Associate Engineer
1,861.4458 1,954.5181 2,052.2440 2,154.8562 2,262.5990 2,375.7290 2,494.5154
Executive Assistant
4,033.13 4,234.79 4,446.53 4,668.86 4,902.30 5,147.41 5,404.78
1990
Senior Engineer
25.01 26.26 27.58 28.96 30.40 31.92 33.52
Senior Planner
2,001.0541 2,101.1068 2,206.1621 2,316.4702 2,432.2937 2,553.9084 2,681.6038
4,335.62 4,552.40 4,780.02 5,019.02 5,269.97 5,533.47 5,810.14
1995
Public Information Manager
27.00 28.35 29.77 31.26 32.82 34.46 36.19
2,160.1499 2,268.1574 2,381.5653 2,500.6435 2,625.6757 2,756.9595 2,894.8075
4,680.32 4,914.34 5,160.06 5,418.06 5,688.96 5,973.41 6,272.08
CITY OF DIAMOND BAR
SALARY RANGES BY POSITION
FY 2003-2004
EXECUTIVE MANAGEMENT (EXEMPT) POSITIONS
(JOB CLASSIFICATIONS 2000-3999)
RANGE JOB TITLE
2319 Assistant to the City Manager
City Clerk
2571 Deputy Public Works Director
2985 City Engineer/Public Works Director
Comm. Development Director
Community Services Director
Finance Director
3172 Deputy City Manager
A B C D E
Schedule C
Effective 7/1/03
F G
27.15 28.51 29.93 31.43 33.00 34.65 36.38
2,171.9976 2,280.5975 2,394.6274 2,514.3587 2,640.0767 2,772.0805 2,910.6845
4,705.99 4,941.29 5,188.36 5,447.78 5,720.17 6,006.17 6,306.48
30.10 31.61 33.19 34.85 36.59 38.42 40.34
2,408.3436 2,528.7607 2,655.1988 2,787.9587 2,927.3567 3,073.7245 3,227.4107
5,218.08 5,478.98 5,752.93 6,040.58 6,342.61 6,659.74 6,992.72
34.95 36.70 38.54 40.46 42.49 44.61 46.84
2,796.3775 2,936.1964 3,083.0062 3,237.1565 3,399.0144 3,568.9651 3,747.4133
6,058.82 6,361.76 6,679.85 7,013.84 7,364.53 7,732.76 8,119.40
37.14 39.00 40.95 43.00 45.15 47.41 49.78
2,971.5990 3,120.1789 3,276.1878 3,439.9972 3,611.9971 3,792.5970 3,982.2268
6,438.46 6,760.39 7,098.41 7,453.33 7,825.99 8,217.29 8,628.16
CITY OF DIAMOND BAR
SALARY RANGES BY POSITION
FY 2003-2004
PART-TIME HOURLY: NON -BENEFITED POSITIONS
(Job Classifications 500 - 899)
RANGE JOB TITLE
515 Community Services Worker
537 Community Services Leader 1
753 Community Services Leader ll
Intern
Parks Maintenance Helper
WIN
775 Community Services Coordinator
800 Engineering Aide
Schedule D
Effective 7/1/03
A B C D E F G
7.13 7.49 7.87 8.26 8.67 9.11 9.56
7.79 8.18 8.82 9.42 10.05 10.67 11.22
8.81 9.42 10.05 10.67 11.31 11.95 12.58
12.15
12.76
13.39
14.06
14.77
15.50
16.28
13.36
14.02
14.73
15.47
16.23
17.05
17.89
14.72
15.45
16.22
17.04
17.89
18.78
19.73
Schedule E
Effective 7/1/03
PART-TIME HOURLY: BENEFITED POSITIONS
(Job Classifications 900 - 999)
RANGE JOB TITLE A B C D E F G
937 Community Services Leader 1 7.79 8.18 8.82 9.42 10.05 10.67 11.22
953 Community Services Leader 11 8.81 9.42 10.05 10.67 11.31 11.95 12.58
987 „ '�+ 16.83 17.67 18.56 19.49 20.46 21.48 22.56
0
Agenda #: 8.1 d and 8.1 e
Meeting Date: June 17, 2003
CITY COUNCIL 1 11 — AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Resolutions of the City Council of the City of Diamond Bar regarding personnel rules and regulations:
A. Resolution No. 2003 -XX, setting forth personnel rules and regulations and rescinding Resolution
No. 2002-51.
B. Resolution No. 2003 -XX, establishing salary ranges and rates for all classes of employment
rescinding Resolution No. 2002-52.
RECOMMENDATION:
It is recommended that the City Council adopt Resolution No. 2003 -XX, setting forth personnel rules and regulations (Rules
Resolution) and Resolution No. 2003 -XX, establishing job classifications and salary schedules (Salary Resolution).
FINANCIAL IMPACT:
The proposed 3% cost of living adjustment (COLA) for City personnel is estimated to be $86,900 and the benefit allotment
enhancement is estimated to be $14,600 for a total estimated cost to the City in the amount of $101,500 for FY 03-04.
These costs along with the various proposed personnel changes and additional staffing recommendations have been
incorporated into the FY 03-04 Municipal budget. A description of each personnel change is further described in the
background/discussion section of this report.
BACKGROUND/DISCUSSION:
At its May 20 and June 10, 2003 Study Sessions, the City Council approved the recommended FY 03-04 Municipal Budget
decision packages for personnel staffing changes. Personnel changes included staffing for the Community/Senior Center
in the Community Services Division, additional part-time assistance in the Neighborhood Improvement Division and in-
house staffing of environment services in the Public Works Division.
In addition to the staffing proposals, the FY 03-04 proposed budget includes a COLA of 3% for all positions and a $25
increase to the benefit allotment. These proposed changes including language for clarification purposes make it necessary
to amend the Rules and Salary Resolutions.
Summary of Changes in the Rules Resolution (Attachment A)
Job Classifications - Hourly Non -Benefited Part-time Positions (Rules Section 2)
Pursuant to Government Code 20305, part-time employees are excluded from CaIPERS membership if they work less than
1000 hours per fiscal year. The City currently tracks hours on a fiscal year; however, the Rules Resolution states that hours
are based on a calendar year. This section is being amended for clarification purposes to state that hours are based on a
fiscal year to be consistent with the CaIPERS guideline and the City's current practice.
Rules and Salary Resolution Staff Report
Page 2
Health Benefit Allotment (Rules Section 6)
This section has been amended to increase the monthly health benefit allotment by $25. Effective January 1, 2003, health
benefit plans offered to City of Diamond Bar employees under the CaIPERS Health Program increased an average of 25%
for HMO plans and 20% for PPO plans. CaIPERS health plans are expected to increase an additional 20% for the 2004
plan year. The increase to the City's monthly health benefit allotment should help offset a portion of those increases.
The Section 2 and Section 6 changes have been incorporated into the Rules Resolution.
Summary of Changes in the Salary Schedule Resolution (Attachment B)
The proposed personnel changes that are reflected in the Salary Resolution include a COLA adjustment of 3.0% for all full-
time and part-time positions and the creation of additional range classifications and positions in the Community Services,
Neighborhood Improvement and Public Works/Engineering Divisions. Additional range classifications and positions resulted
in an increase to the number of authorized positions from 40 to 42 full-time positions and 50 to 70 part-time positions
(Attachment Q.
Community Services Division
The recommended staffing of the Community/Senior Center includes the creation of additional range classifications and
positions as well as the utilization of existing positions.
A Recreation Supervisor II position, will replace one existing Recreation Supervisor position, to provide expanded
programming supervision. A Parks and Maintenance Supervisor position, will replace one existing Superintendent of Parks
and Maintenance position effective December 31, 2003 due to an anticipated retirement, to provide maintenance and
operations support. A Recreation Specialist position will provide office supervision and oversee the expanded senior citizen
and facility reservation programs. Parks Maintenance Helper II positions will perform event set-up. These positions
resulted in the addition of the following range classifications to the Salary Resolution:
Recreation Supervisor II:
Parks and Maintenance Supervisor:
Recreation Specialist
Parks Maintenance Helper II:
Range Classification 1897
Range Classification 1635
Range Classification 1437
Range Classification 763
In addition to the additional range classifications and positions above, existing positions will be utilized to assist in the day-
to-day operations of the Community/Senior Center. These include: Parks Maintenance Helper and Community Service
Leader positions to perform event set-up; a 3 part-time Community Services Leader II position and Community Services
Leader I positions to assist with office and programming support; and, an Office Assistant II position to provide front desk
operations with support from part-time Community Services Leader and Parks Maintenance Helper positions. No additional
range classifications were needed for these positions since they currently exist in the Salary Resolution.
Neighborhood Improvement Division
In December 2001 the City Council formed a Neighborhood Improvement Sub -committee to develop policies and programs
to protect and preserve the integrity and property values of neighborhoods within the City. In June of 2002 the Sub-
committee recommended the creation of a Senior Neighborhood Improvement Officer position; however, the recruitment
was unsuccessful and with uncertainty of the state budget, the position was placed on hold. During the FY 03-04 budget
process, staffing in this division was re-evaluated and staff was directed to add a part-time Neighborhood Improvement
Officer position. This position resulted in the addition of the following range classification to the Salary Resolution:
Neighborhood Improvement Officer (part-time benefited): Range Classification 987
Rules and Salary Resolution Staff Report
Page 3
Public Works Division
The proposed budget also incorporates an additional Senior Management Analyst position and an Intern (Engineering)
position to bring many of the integrated environmental services in-house. Since 1995, the City has contracted with Huls
Environmental Management for consulting services addressing storm water, solid waste, recycling, waste prevention and
public outreach to achieve and maintain environmental compliance in an integrated fashion. By bringing these services in-
house the City will enhance its level of customer service at a net cost of $7,400. These positions can be primarily funded
with a combination of AB 939, Prop A, and Integrated Waste Management Funds. No additional range classifications were
needed for these positions since they currently exist in the Salary Resolution.
The COLA and recommended staffing changes have been incorporated into the Salary Resolution.
The Rules Resolution and Salary Resolution become effective upon adoption.
PREPARED BY.
Teresa Arevalo, Senior Management Analyst
REVIEWED BY:
t
in a Magnuson
David Doyle
Deputy City Manager Finance Director
Attachments:
Attachment A: Rules Resolution amending Resolution No. 2003-xx with changes in highlighted text for additions and
strikethrough text for deletions to the appropriate sections.
Attachment B: Salary Resolution 2003-xx establishing salary ranges and rates.
Attachment C: Personnel Summary (list of authorized positions)
Attachment C: Personnel Summary
City Of Diamond Bar
Personnel Summary
Fiscal Year 2003-2004
FULL TIME
2002-2003 2003-2004
Approved Actual Proposed Approved
Executive Management
1 1
1
-City Manager
-Deputy City Manager
2 2
2
-Public Works Director
1 1
1
-Finance Director 1
1 1
-Dir.Of Community Services
1 1
1
-City Clerk 1
1 1
7 7
7 0
Full Time Exempt
1 1
1
-Associate Planner
-Supt of Parks & Maint
1 1
0.5 (6 mo)
-Public Works - Supervisor
1 1
1
-Parks & Maint - Supervisor
0.5 (6 mo)
-Public Information Manager
1 1
1
-Assistant Civil Engineer
1 1
1
-Assoc. Engineer 1
1 1
-Executive Assistant
1 1
1
-Senior Administrative Analyst
3
2
-Management Analyst
1 1
1
-Senior Accountant 1
0 0
-Development Services Assistant
1
1 1
-Accountant II 0 1
1
-Communications & Marketing Coordinator
1 1
-Sr. Neighborhood Improvement Ofcr
1
0 0
-Assistant City Clerk 1
1
1
-Recreation Supervisor II
0.5 (6 mo)
-Recreation Supervisor 2
2
1.5 (6 mo)
18 16 18
0
Full Time Non -Exempt Positions
0 0 1
-Recreation Specialist
-Administrative Assistant 3
3
3
-Senior Account Clerk 2
2
2
-Office Assistant II 1 1
1
-MIS Technician 1 1
1
-Neighborhood Improvement Ofcr
2
2 2
-Maintenance Worker II 1
1
1
-Office Assistant 3 3
3
-Community Services Coordinator
3
3 3
16 16 17
0
Totals - Full Time 41 39
42
0
City Of Diamond Bar
Personnel Summary
Fiscal Year 2003-2004
BENEFITTED PART TIME
2002-2003 2003-2004
Approved Actual
Proposed
Approved
-Neighborhood Improvement Ofcr
1
-Com Services Leader II - 30 hr/wk
2
2 2
-Com Services Leader I - 20 hr/wk
1
1 1
Totals 3 3 4
0
NON -BENEFITTED PART TIME
* • 2002-2003 2003-2004
Approved Actual
Proposed
Approved
-Park Maintenance Helper 8 5 13
-Park Maintenance Helper II 5
-Com Services Coordinator-Daycamp 1 1 1
-Com Services Worker (seasonal) 3 3 3
-Com Services Leader I 16 9 21
-Com Services Leader II 18 10 20
-Intern/Part-Time 2 1 3
48 29 66 0
Totals - Part Time 51 32 70 0
Attachment A: Rules Resolution
RESOLUTION NO. 2003 -XX
RESOLUTION OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL RULES AND
REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACATIONS, LEAVES
OF ABSENCES, AND OTHER REGULATIONS EFFECTIVE JULY 1, 2003;
RESCINDING RESOLUTION NO. 2002-51 IN ITS ENTIRETY.
1. WHEREAS, the purpose of the rules and regulations is to communicate to employees the
benefits, policies and requirements of the job, as well as provide guidance to supervisors in the administration
of the personnel system;
2. WHEREAS, the City Council has determined that it is necessary to the efficient operation and
management of the City that rules and regulations be maintained prescribing sick leave, vacation, leaves of
absences, and other regulations for the officers and employees of the City; and
3. WHEREAS, as the rules and regulations do not create any contract of employment, express or
implied, or any rights in the nature of a contract;
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Diamond Bar, California,
as follows:
SECTION 1. COMPREHENSIVE JOB CLASSIFICATION AND SALARY SCHEDULES
Pursuant to Ordinance 21 (1989), a comprehensive job classification and salary schedule for authorized full-
time and part-time positions shall be established upon adoption of a resolution by the City Council.
SECTION 2. JOB CLASSIFICATIONS
For the purposes of the City's Personnel System, each position title shall correspond to a job classification
number as reflected in the job classification and salary resolution.
A. Hourly Non -benefited Positions - Job Classification Range 100-899.
These positions are classified and referenced as either seasonal or intermittent part-time.
1. Seasonal Part-time - a seasonal position is a position that is utilized up to 40 hours per week on a
seasonal or partial year basis, but not more than 1000 hours per fiscal year
2. Intermittent Part-time - an intermittent position is a position that is utilized an average of 19 1/2 hours
or less per week and no more than 1000 hours per fiscal ealend year.
B. Hourly Benefited Positions - Job Classification Range 900-999.
These positions are classified and referenced as regular part-time. A regular part-time position is a
position that is utilized twelve (12) months per year and works an average of 20 or more hours per week
on a year-round basis. Benefits for regular part-time employees shall be the same as provided for non-
exempt full-time employees on a pro -rated basis.
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C. Full-time Non- Exempt Positions - Job Classification Range 1000-1599.
Positions in job classification range 1000-1599 are subject to the Fair Labor Standards Act (FLSA)
overtime requirements.
D. Full-time Exempt Positions - Job Classification Range 1600-1999.
The City of Diamond Bar has determined various executive, administrative and professional employees
are exempt from the overtime requirements of the FLSA. Employees in the job classification range
1600 and above are considered exempt.
E. Executive Management Positions - Job Classification Range 2000-3999 are Executive Management
positions, which are also classified as exempt. Executive management positions may be terminated with
or without cause, at any time, at the will of the City, in its sole discretion.
SECTION 3. ADVANCEMENT WITHIN THE SALARY SCHEDULE
A. New full-time and regular part-time employees shall be hired at the entry step or any step at the
discretion of the City Manager and must successfully complete a one-year probation period. At the end
of six months, the employee will be given a performance evaluation and shall be eligible for the next
step. Every year thereafter, employees shall be given a performance evaluation and shall move to each
successive step, so long as the employee's performance is satisfactory or above.
B. Intermittent and seasonal part-time employees shall be hired at the entry step or any step at the
discretion of the City Manager and must successfully complete a one-year probation period. At the end
of six months, the employee will be given a performance evaluation. In order to receive a step increase,
a part-time employee must complete one year of service and worked a minimum of 500 hours.
C. An employee that has received a one-year evaluation and has reached the top step in their job
classification shall be moved to a July 1 annual evaluation date.
D. An employee shall receive their annual step increase on time regardless of supervisor's completion of
timely evaluation.
SECTION 4. PROBATION
The probationary period shall be regarded as a part of the testing process and shall be utilized for closely
observing the employee's work to determine the employee's fitness for the position.
A. In an effort to monitor newly hired employees, the probation period for newly hired employees is one
year of actual and continuous service. Periods of time on paid or unpaid leave exceeding five (5) days
(consecutive or not) shall automatically extend the probationary period by that number of days the
employee is on leave.
B. If it is determined that the probationary should be extended, the probationary employee shall be given
notice in writing prior to the expiration of the original probationary period.
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C. During the probationary period an employee may be rejected at any time without cause and without the
right of appeal.
SECTION 5. VEHICLE USE
A. Private automobiles are not to be used for the City business except as authorized. The City Manager
may authorize such use at the reimbursement rate equal to that set forth by the Internal Revenue Service.
Payments shall be based upon the most direct route to and from the destination, and garage and parking
expenses shall be paid in addition to the current rate, upon submission of paid receipts.
B. Executive Management Employees will receive a monthly car allowance of $150 per month. This
stipend will be in lieu of any mileage reimbursement. If additional garage and parking expenses are
incurred, they are reimbursable.
SECTION 6. HEALTH BENEFIT ALLOTMENT
All designated officials, full-time employees and regular part-time employees will be provided a
monthly allotment of $770 $745 a month (pro -rated for regular part-time employees) which can be applied to
selected benefit options as described in Section 7.
A. Members of the City Council, Executive Management and employees defined as full-time exempt shall
receive an additional $30.00 per month to be applied as described in Section 7.
B. Premiums for selected benefits options are paid from the monthly health benefit allotment as described
in section 7. The total of all premiums for selected benefits that exceed the monthly health benefit
allotment will be paid at the employees' expense as a bi-weekly payroll deduction.
C. Employees who are not encumbering their entire health benefit allotment will have those funds applied
to a Section 457 deferred compensation plan offered through the International City Management
Association (ICMA). Monies in excess of the City's 457 Plan maximum shall be paid off annually each
December.
SECTION 7. HEALTH AND BENEFIT OPTIONS
A. All designated officials, full-time employees and designated regular part-time employees (pro -rated for
regular part-time employees) are eligible to receive group health, dental, vision, life, deferred
compensation, disability insurance and employee assistance program within the City's group insurance
carrier(s). The administrative cost and premiums are paid as described below. Eligible dependents of
designated officials and full-time and part-time employees are eligible for health, dental and vision
insurance.
B. Premiums for selected benefits that are not paid by the City are paid from the employee's monthly
health benefit allotment to a maximum as described in Section 6. The total of all premiums for selected
benefits that exceed the monthly health benefit allotment will be paid at the employees' expense as a bi-
weekly payroll deduction.
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Rules Resolution No. 2003 -XX
Page 4
1. Health Plan: Designated officials and full-time and regular part-time employees and their eligible
dependents are eligible for health coverage through the California Public Employees' Retirement
System (Ca1PERS). Premiums vary depending on health plan selected. If selected, the premium is
deducted from the monthly health benefit allotment.
2. Dental Plan: Two dental plans are available to designated officials and full-time and regular part-
time employees and their eligible dependents. The City pays for employee coverage. If dependent
coverage is selected, the premium is deducted from the monthly health benefit allotment.
3. Vision Plan: One vision plan is available to designated officials and full-time and regular part-time
employees and their eligible dependents. The City pays for employee coverage. If dependent
coverage is selected, the premium is deducted from the monthly health benefit allotment.
4. Life/Accidental Death and Dismemberment Insurance: Life and accidental death and
dismemberment insurance is provided to all designated officials ($10,000 benefit) and full-time and
regular part-time employees ($50,000 benefit). This benefit is provided at no cost to designated
officials and full-time employees and at a pro -rated cost to regular part-time employees.
Supplemental life insurance is also available. If supplemental life insurance is selected, the premium
is deducted from the monthly health benefit allotment.
5. Deferred Compensation: A Section 457 deferred compensation plan is made available to all
designated officials and full-time and regular part-time employees through the International City
Management Association (ICMA). Employees not encumbering their entire monthly health benefit
allotment will have those excess funds deferred into this plan. Employees may also elect to have
additional contributions are their expense as a payroll deduction on a bi-weekly basis. Total deferral
contributions are not to exceed limits under Section 457 of the Internal Revenue Code.
6. Short-term and Long-term Disability: A short-term and long-term disability benefit is provided to all
full-time and regular part-time employees at no cost to the employee. This benefit provides income
replacement in the event of a covered disability at 60% of salary up to a maximum of $1500 per
week. There is a 15 -day elimination period for short-term disability.
7. Employee Assistance Program (EAP) - All designated officials and full-time and regular part-time
employees are eligible to receive face-to-face assessment, treatment and follow-up to help resolve a
broad range of personal, work, and family problems. Employees are eligible to receive up to 5 -
sessions of treatment with professional counselors for early intervention and treatment at no cost the
employee.
SECTION 8. STATUS OF EMPLOYMENT
All employees serve under the City Manager, pursuant to Government Code Section 34856. Per
Government Code Section 36506, nothing in these rules and regulations shall be construed to provide
employees with any tenure or property interest in employment.
SECTION 9. PUBLIC EMPLOYEES' RETIREMENT SYSTEM - DEFERRED
COMPENSATION
The City of Diamond Bar shall pay the employee contribution of said employee salary to the State
Public Employees' Retirement System (PERS) as deferred income.
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Rules Resolution No. 2003 -XX
Page 5
SECTION 10. PAY PERIODS
The compensation due to all officers and employees of the City shall be paid on a bi-weekly basis.
SECTION 11. PAY DAYS
Warrants, checks or electronic transfers in the payment of compensation shall be made available by the
City to employees and officers of the City on the Friday succeeding the close of any given pay period. In an
event that pay day falls on a holiday, all warrants, electronic transfers or checks in payment of compensation
shall be made available to the City employee on the last work day preceding the holiday.
SECTION 12. WORKING HOURS AND OVERTIME
A. Nine (9) hours Monday through Thursday and eight (8) hours on Friday, exclusive of lunch period, shall
constitute a day's work for all full time employees participating in the 9/80 flex plan. Employees
participating in the 9/80 -flex plan will work 80 hours in a nine -day period.
Eight (8) hours, exclusive of lunch period, shall constitute a day's work for all full time employees
participating in the traditional eight- (8) hour work schedule.
B. The official work week of the City of Diamond Bar shall be Monday through Thursday, 7:30 a.m. to
5:30 p.m., and Friday, 7:30 a.m. to 4:30 p.m. It shall be the duty of each Department Head to arrange the
work of their Department so that each employee therein shall not work more than five days in each
calendar week. The City Manager may require an employee to temporarily perform service in excess of
five (5) days per week when public necessity or convenience so requires.
1. The work period will be begin at 12:01 p.m. on Friday and end the following Friday at noon for all
full-time employees on a traditional schedule and all full-time employees scheduled to be off on
Fridays in accordance with the 9/80 work schedule.
2. The work period will begin at 12:01 p.m. on Monday and end the following Monday at 12 noon for
all full-time employees scheduled to be off on Mondays in accordance with the 9/80 schedule.
C. Whenever an employee, other than an exempt employee, shall be required to work overtime, beyond 40
hours per week, such person shall receive compensation for such overtime worked at one and one-half
(1 1/2) times the regular rate of pay, provided they have completed full 40 hour work week.
D. Any full time employee, other than an exempt, who is required to work on an observed holiday beyond
the regular 40 hour work week, shall be entitled to pay at the rate of two (2) times the regular rate of pay
provided they have worked a 40 hour work week.
E. Hourly and non-exempt employees are prohibited from working overtime without express authorization
from the City Manager.
F. There is nothing contained within this Section to exclude the City from implementing a 4-10 or
traditional Plan at their option.
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Rules Resolution No. 2003 -XX
Page 6
SECTION 13. ANNUAL VACATION
The purpose of annual vacation leave is to enable each eligible employee annually to return to his or her work
mentally and physically refreshed. All eligible employees shall be entitled to annual vacation leave with pay as
follows:
A. A full time employee, pursuant to the below schedule, shall be entitled to a vacation, to be accrued at the
appropriate hours per pay period. Regular part-time employees are eligible for vacation at a pro -rated
accrual rate based upon hours scheduled to work.
YEARS OF SERVICE ANNUALVACATION ACCRUAL
1 - 5 80 hours 3.08 hours per pay period
6-10 120 hours 4.62 hours per pay period
11 & up 160 hours 6.15 hours per pay period
B. Vacation time may be accumulated to a maximum of 240. Once the 240 -hour maximum accumulation
is exceeded, no further vacation leave shall accrue until the employee reduces the accumulation below
the maximum.
C. The total vacation allowance shall be computed to the nearest whole day based upon the number of full
months of City service.
D. In the event one or more observed holidays follow accumulated vacation leave, such days shall not be
charged as vacation leave and the vacation leave shall be extended accordingly for those employees
eligible for such holidays.
E. An employee shall take vacation at such time during the calendar year based upon due regard to the
needs of the employee's services and the work schedule.
F. Employees are eligible to use vacation leave, as it is accrued and/or accumulated.
G. The time set for the vacation of the City Manager shall be subject to the approval of the City Council.
H. Employees who terminate shall be paid the salary equivalent to all accrued and accumulated vacation.
1. All vacation requests shall be made at least ten (10) days in advance and employee's supervisor and City
Manager must give prior approval.
J. If an employee does not request time off in advance and simply does not show up for work, the City
Manager may deny the use of vacation time or other benefit for the time off, and said employee is
subject to disciplinary action including discharge.
K. Exempt employees, for the purpose of accrual, shall be credited with previous municipal experience, up
to five (5) years of full-time service.
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Page 7
SECTION 14. SICK LEAVE
A. Sick leave with pay shall be accrued by full-time employees at a rate of 3.08 hours per pay period.
Regular part-time employees are eligible for sick leave and receive a pro -rated accrual rate based upon
hours scheduled to work.
B. Employees are eligible to use sick leave, as it is accrued and/or accumulated.
C. Absence or illness may not be charged to sick leave if not already accrued and/or accumulated.
D. Each full time employee shall be paid annually for all accrued sick leave in excess of the maximum
allowable accumulation of 200 hours at a rate of one-half the employee's current wage at the time of
payment. Said payment is to be made during the month of December, or at such other time as the City
Manager may determine, at his/her absolute discretion, as appropriate.
E. Sick leave shall be allowed only in case of necessity and actual sickness or disability of the employee or
dependent family members, as determined by the City Manager. In order to receive sick leave with pay,
the employee shall notify the supervisor or Department Head prior to or within two (2) hours after the
time set for beginning daily duties. The City Manager may, if he/she deems necessary, require the
employee to file a Physician's Certificate or a Personal Affidavit.
F. Sick leave shall not accrue to any employee for any month in which that employee is on unpaid leave
and does not work a minimum of 80 hours in any one month.
G. If an employee does not show up for work and does not call in within two hours, the City Manager may
deny use of sick leave for the unauthorized time off, and employee is subject to disciplinary action.
H. Except as otherwise required by law, employees using all accumulated sick leave may be deemed to
have abandoned their employment.
1. After five (5) years of service, when an employee retires, resigns or terminates in good standing, that
employee will be paid all accumulated sick leave at a rate of one-half (1/2) of the employee's current rate
of pay at his/her date of termination.
J. Sick leave to attend to the illness of a child, parent, or spouse of the employee (pursuant to California
Labor Code Section 233). Use of sick leave for this purpose (as opposed to when used for an
employee's own illness), shall be limited to half the yearly sick leave entitlement in any one (1) year
period. The amount of leave available is limited to what the employee accrued prior to utilizing sick
leave for this purpose. Additionally, sick leave taken for this purpose shall be allowed only in the case
of necessity of and actual illness of an employee's child, parent, or spouse as determined by the City
Manager. In order to receive sick leave with pay for this purpose, the employee shall notify the
Department Head prior to or within (2 hours after the start of the employee's scheduled work shift. The
City Manager may, if he/she deems necessary, require the employee to file a Physician's Certificate
(regarding the illness of the employee's child, parent or spouse) or an Affidavit stating the cause of
absence. Use of sick leave under this section shall not extend the maximum period of leave to which an
employee is entitled under Family and Medical Leave (Section 16).
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Rules Resolution No. 2003 -XX
Page 8
SECTION 15. FAMILY AND MEDICAL LEAVE
The family and medical leave policy complies with the California Government Code, Sections 12945,
12945.2, and 19702.3, and the federal Family and Medical Leave Act of 1993. California law shall prevail
unless preempted by federal law.
Copies of the state and federal acts are available in the Personnel Department. Following is a summary of
pertinent sections.
A. The family and medical leave allows for an eligible employee to take twelve (12) weeks of leave in a
twelve (12) month period for the birth, adoption, or foster care of a child; the serious health condition of
the employee's child, parent or spouse; or the employee's own serious health condition.
B. During the twelve (12) week period, paid leave may be charged to accrued benefit time such as vacation,
administrative leave and floating holidays, at the employee's request during the family and medical
leave period as long as the total time off does not exceed twelve (12) weeks in a twelve (12) month
period. In addition, accrued sick leave may be used at the employee's request, in accordance with
Section 15. If the employee has extinguished their benefit leave and accrued leave balance, but have a
balance in their FMLA, they are still eligible to take the time, but must do so at no pay and with no
accrual of leave time (sick or vacation).
C. Health insurance benefits shall continue for the duration of the family and medical leave under the same
conditions as if the employee had continued employment. If the employee fails to return to work after
the period of leave to which the employee is entitled has expired, the City is entitled to recover the
premiums paid on behalf of the employee for maintaining coverage.
D. To be eligible for family and medical leave, the employee must be employed by the City of Diamond
Bar for at least 12 months and has worked at least 1,250 hours over the previous 12 -month period for the
City of Diamond Bar.
E. The City will use a rolling 12 -month period measured backward from the date the employee uses
FMLA.
F. The City Manager may, if he/she deems necessary, required the employee to file a Physicians Certificate
or Personal Affidavit stating the cause of absence.
G. When a husband and wife are both employed by the City of Diamond Bar, they are limited to a total of
12 weeks collectively for family leave during the 12 -month period.
H. Employee will be reinstated to the same position of employment held when the employee's leave
commenced; or reinstated to an equivalent position with equivalent employment benefits, pay, and other
terms and conditions of employment, unless position ceased to exist for reasons unrelated to the leave.
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Rules Resolution No. 2003 -XX
Page 9
SECTION 16. PREGNANCY DISABILITY LEAVE
In compliance with California law, the following section has been added. Separate from FMLA, when
an employee is pregnant, they are eligible for six weeks of leave for a normal childbirth and up to 16 weeks
when there is certification by a physician that there is a disability or related medical condition due to the
pregnancy.
A. During the Pregnancy Disability Leave Time, paid leave may be charged to accrued benefit time such as
vacation, administrative leave and floating holidays, at the employee's request. In addition, accrued sick
leave may be used at the employee's request, in accordance with Section 15. If the employee has
extinguished their benefit leave and accrued leave balance, but have a balance in their PDL, they are still
eligible to take the time, but must do so at no pay and with no accrual of leave time (sick or vacation).
B. Health insurance benefits shall continue for the duration of the Pregnancy Disability Leave under the
same conditions as if the employee had continued employment. If the employee fails to return to work
after the period of leave to which the employee is entitled has expired; the City is entitled to recover the
premiums paid on behalf of the employee for maintaining coverage.
C. The City Manager may require the employee to file a physician's certificate or personal affidavit if the
leave is to be for more than a six-week period.
SECTION 17. BEREAVEMENT LEAVE
When circumstances are such and the City Manager determines that conditions warrant, three (3) paid
bereavement leave days may be granted in the event of death of a relative of a full-time employee. "Relative" is
defined as spouse, parents, children, step -children, brother, sisters, grandparents, grandchildren, half-brothers,
half-sisters, aunts, uncles, to the City employee or as may be approved by the City Manager.
SECTION 18. UNAUTHORIZED LEAVE
If an employee does not show up for work for three consecutive work days without notifying said
employee's supervisor or Department Head, said employee shall be considered to have voluntarily terminated
employment with the City.
SECTION 19. ON-THE-JOB INJURY
Whenever a person is compelled to be absent from employment with the City on account of injury
arising out of or in the course of that employee's employment as determined by the Workers' Compensation Act,
the employee may elect to apply pro -rated accrued sick leave, if any, to such absence to receive compensation
of an amount of the difference between the compensation received under the Workers' Compensation Act and
that employee's regular pay, not to exceed the amount of the employee's earned sick leave. An employee in such
instance may also elect to use any earned vacation time in like manner after sick leave is exhausted. The City
will pay the employee up to three (3) days of that employee's regular salary as it relates to an on-the-job injury
and if not covered by Workers' Compensation.
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Rules Resolution No. 2003 -XX
Page 10
SECTION 20. JURY DUTY
If a full-time employee is called for jury duty, such person shall receive regular pay while actually
performing jury service, however, any amount received by such employee as payment for services as juror shall
be reimbursed to the City. All mileage paid to the employee, as a juror shall not be considered as a
reimbursable item to the City. Regular part-time employees who are eligible for jury duty receive such as a pro-
rated accrual rate based upon hours scheduled to work.
SECTION 21. ATTENDANCE
Full time employees shall be in attendance at their work in accordance with the rules regarding hours of
work, holidays, and leave. Departments shall keep attendance records of all employees. Absence of any
employee without leave may result in possible disciplinary action, including discharge.
SECTION 22. HOLIDAYS
A. Holidays which fall on Saturday shall be observed on the preceding Friday, and holidays which fall on
Sunday shall be observed on the following Monday. Paid holidays are only for the observed days.
B. The City of Diamond Bar's observed paid holidays are as follows:
1. New Year's Day (January 1)
2. President's Day (observed the third Monday in February)
3. Memorial Day (observed the last Monday in May)
4. Independence Day (July 4)
5. Labor Day (observed first Monday in September)
6. Veteran's Day (November 11)
7. Thanksgiving Day
8. Day following Thanksgiving Day
9. Christmas Eve (December 24)
10. Christmas Day (December 25)
11. Sixteen (16) Floating Holiday Hours
C. If an observed holiday falls on a nine (9) hour work day under the 9/80 work schedule, those employees
on the 9/80 schedule shall receive nine (9) hours of holiday pay and those employees on a traditional
work schedule shall receive eight hours of holiday pay.
D. If an observed holiday falls on an eight (8) hour work day under the 9/80 work schedule, those
employees on the 9/80 schedule shall be receive eight (8) hours of holiday pay and those employees on
the traditional work schedule shall receive eight (8) hours of holiday pay.
SECTION 23. FLOATING HOLIDAY HOURS
A. Each full time employee is allowed sixteen (16) hours per calendar year, January through December.
Regular part-time employees are allowed prorated floating holiday hours per calendar year, January
through December based upon hours scheduled to work.
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Page 11
B. Floating Holiday hours are not cumulative and must be used during the above period or said employee
will lose the allocated hours.
C. Each employee must submit a request in advance, and approval must be given by the employee's
supervisor and Department Head.
D. An employee is eligible to use floating holiday hours as they are accrued.
E. Floating Holiday hours may be used in lieu of sick leave only if all other benefit time has been
exhausted.
SECTION 24. TRAINING PLAN
The City Manager and employees of the City are eligible to request specialized training in the form of
symposiums, special courses, forums, etc., at the City's expense.
SECTION 25. LEAVE OF ABSENCE
Leave of absence without pay may only be granted by the City Manager and shall not exceed one year,
except as otherwise prescribed by law.
SECTION 26. RESIGNATION
An employee wishing to terminate employment in good standing shall file a written resignation with the
City Manager stating the effective date and reasons for leaving, at least two (2) weeks prior to the resignation.
Failure to give such notice shall mean the employee did not terminate in good standing, unless by reason of
hardship and upon that employee's request, the City Manager has waived the two-week notice requirement.
SECTION 27. ANTI -NEPOTISM PROVISION
A. Relatives of those listed below may not be employed anywhere in the City organization:
1. City Council Members;
2. Standing Board and Commission members;
3. Management Team Members of the City;
5. Employees of the City Manager's Department; or
6. Employees of the Personnel Department.
B. The employment of a relative within a department is prohibited when they:
1. Perform joint duties;
2. Share responsibility of authority;
3. Function in the same chain of command; and
4. Work on the same shift at the same work site.
C. For business reasons of supervision, safety, security or morale, the City may refuse to place one spouse
under the direct supervision of the other spouse.
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D. For business reasons of supervision, safety, security or morale, an employer may refuse to place both
spouses in the same department, division, or facility if the work involves potential conflicts of interest or
other hazards greater for married couples than other persons.
E. "Relative" means child, stepchild, parent, grandparent, grandchild, brother, sister, half-brother, half-
sister, aunt, uncle, niece, nephew, parent -in-law, brother -in law, sister-in-law, or another individual
related by blood or marriage.
F. "Employee" means any person who receives a City paycheck for services rendered to the City.
G. For business reasons, these sections shall be enforced to address the marriage of employees in the City's
employment, within six (6) months of said marriage.
H. Exceptions to this section may be made by the City Manager in unusual circumstances where the
concerns addressed by this policy are not implicated. Any appeal of the enforcement of this section shall
be in accordance to the City's grievance procedures.
SECTION 28. NON-DISCRIMINATION
The City of Diamond Bar does hereby affirm to adopt and support a policy of non-discrimination with
regard to all phases of personnel recruitment, selection and appointment. The City further declares that it will
not exclude from participation in, deny the benefits to, or subject to discrimination any person on the basis of
race, color, sex, religious affiliation, national origin, age or disability, thereby affirming the City of Diamond
Bar's posture as an equal opportunity employer.
SECTION 29. EMPLOYEE PERFORMANCE EVALUATION APPEALS PROCEDURES
It is the intent of the City to offer fair and equitable appeals procedures for employee's performance
evaluations. Below are the official guidelines.
A. Employee and supervisor meet to review and discuss the employee's performance evaluation.
B. The employee may respond in writing to the contents of the evaluation. The employee must submit this
response to the Department Head within five (5) working days immediately following receipt of the
evaluation.
C. The Department Head, as the reviewing official, shall respond in writing to the employee within five (5)
working days. This response becomes an official part of the evaluation.
D. If the Department Head does not respond or if the employee chooses to continue to appeal following the
response from the reviewing official, the employee must submit an additional written response to the
Personnel Officer within five (5) working days after receipt of the reviewing official's response.
E. The Personnel Officer shall review the evaluation appeal within five (5) days with the employee,
supervisor and Department Head. Every effort will be made at this level to resolve the appeal. If the
Personnel Officer and City Manager are the same, the appeal shall proceed directly to the City Manager.
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F. If the matter is not settled, a written appeal may be submitted to the City Manager by the employee
within five (5) working days following the decision rendered in writing by the Personnel Officer.
G. The City Manager shall review the appeal with the employee, supervisor, Department -Head and
Personnel Officer. The decision shall be rendered in writing within fifteen (15) working days by the
City Manager, and the decision of the City Manager shall be final.
SECTION 30. POST OFFER PHYSICAL EXAMS
As a condition of an offer of City employment all candidates must successfully pass a post -offer
physical and substance abuse exam and are subject to fingerprinting and a background investigation. The
candidates being considered for employment will be sent to a City authorized physician at the City's expense.
SECTION 31. EMERGENCY CALL -OUT POLICY
The following Emergency Call -Out Policy shall be adhered to:
A. When a full time employee or part-time, other than an exempt employee, is called out for a City
emergency, the employee shall be given a minimum of two hours pay, regardless of the amount of time
it takes to rectify the problem.
B. The employee shall be paid overtime per Section 12.
SECTION 32. ADMINISTRATIVE LEAVE
Exempt employees are allowed eighteen (18) hours of administrative leave per fiscal year. Executive
Management employees are allowed thirty-six (36) hours of administrative leave per fiscal year. Additional
days of leave may be authorized by the City Manager, based on the number of total hours the individual works
over and above 40 hours per work week.
Administrative leave may not be accumulated and carried over to the following year. It must be used by June
30 of each fiscal year. Leave may be granted in hourly increments. Requests shall be submitted to employee's
immediate supervisor for approval, then forwarded to the City Manager for approval. Administrative leave will
be authorized at the convenience of the City and the work schedule.
SECTION 33. MEDICARE
Pursuant to Revenue Billing 86-68 of the Internal Revenue Code, all employees hired after March 31,
1987 will have 1.45 percent of their base salary deducted from their paycheck to be paid to Medicare. The City
will match the 1.45 percent as mandated by law.
Resolution 2003 -XX
Rules Resolution No. 2003 -XX
Page 14
SECTION 34. IMMIGRATION REFORM AND CONTROL ACT OF 1986
In compliance with the Immigration Reform and Control Act of 1986, all new employees must verify
identity and entitlement to work in the United States by providing required documentation.
SECTION 35. EXTENDED BENEFITS - COBRA
The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) provides for the continuation
of health care coverage to certain employees who terminated employment and beneficiaries of employees who
die, become disabled or are divorced. Employees become eligible for continued coverage upon termination of
service, whether voluntary or not (other than termination for gross misconduct), retirement or reduction in hours
worked. For these employees and their dependents, continued coverage is available for the time period set forth
by law, at their expense.
SECTION 36. TUITION REIMBURSEMENT
Subject to Council fiscal year budget authorization, each full-time and regular part-time (on a pro -rated
basis) employee shall be entitled to reimbursement in the amount of $500 per fiscal year, for college -level or
university -level educational courses (including tuition and related books), which have been approved by the
Personnel Officer or his/her designate as being job-related and of value to the City. Reimbursement under this
Section is contingent upon the verification of the attainment of a letter grade of "C" or better, or in those cases
where no letter grade is given, verification of completion of the course with a "Pass" or "Credit" grade and
submittal of a receipt for registration bearing the name of the course, for which reimbursement is being
requested. In the case of reimbursement for books for any approved/verified course; a syllabus, course reading
list or course outline showing the book as being required for the course, plus a receipt bearing the title of the
book shall be submitted.
SECTION 37. PART TIME EMPLOYEES' RETIREMENT
Effective July 1, 1991, intermittent and seasonal part-time employees will be covered by a retirement
system, under Social Security (OASDI). An employee's contribution rate shall be 6.2% on wages up to the
maximum provided by law. The employer's tax rate is the same. Election workers and emergency workers are
excepted from coverage, under this section. Regular part-time employees are covered under the State Public
Employees' Retirement System (PERS).
SECTION 38. SEVERABILITY
The City Council declares that, should any provision, section, paragraph, sentence, or work of this
Resolution be rendered or declared invalid by any final Court action in a court of competent jurisdiction, or by
reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences, and words of
this Resolution shall remain in full force and effect.
SECTION 39. Resolution No. 2002-51 is hereby repealed in its entirety.
Resolution 2003 -XX
Rules Resolution No. 2003 -XX
Page 15
PASSED, ADOPTED AND APPROVED THIS day of, 2003
Carol Herrera, Mayor
I, Linda C. Lowry, City Manager of the City of Diamond Bar, do hereby certify that the foregoing
Resolution was passed, approved and adopted at a 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:
ABSTAIN: COUNCIL MEMBERS:
ATTEST:
Linda C. Lowry, City Manager
City of Diamond Bar
Resolution 2003 -XX
Attachment B: Salary Resolution
Resolution No. 2003 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR ESTABLISHING SALARY RANGES FOR ALL CLASSES OF
EMPLOYMENT EFFECTIVE THE PAY PERIOD COMMENCING JULY 1,
2003; RESCINDING RESOLUTION NO. 2002-52 IN ITS ENTIRETY.
WHEREAS, the City Council of the City of Diamond Bar has adopted the annual budget for fiscal year
2003-2004;
WHEREAS, the City Council of the City of Diamond Bar wishes to establish salary ranges
(Attachment 1, Schedule A-E) for the compensation of its employees, including cost of living
adjustments and compliance with minimum wage requirements;
WHEREAS, it is necessary to assign each position to a job classification number that reflects the
various levels as either non-exempt full-time (Schedule A), exempt full-time (Schedule B), executive -
management (Schedule C), non -benefited part-time (Schedule D) or benefited part-time (Schedule E)
(Schedule A-E attached);
WHEREAS, it is necessary from time to time to establish comprehensive job classifications and
salary schedules to fix the rate of compensation to be paid to employees of the City;
NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Diamond Bar, does hereby
repeal all previous salary resolutions and establishes salary ranges for non-exempt full-time, exempt
full-time, executive -management, non -benefited part-time and benefited part-time as outlined in
Salary Schedules A-E.
PASSED, ADOPTED AND APPROVED this day of , 2003.
Carol Herrera, Mayor
I, LINDA C. LOWRY, City Manager 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:
ABSTAIN: COUNCIL MEMBERS:
ATTEST:
Linda C. Lowry, City Manager
City of Diamond Bar
Attachment 1: Salary Schedules A-E
Schedule A
Effective 7/1/03
CITY OF DIAMOND BAR
SALARY RANGES BY POSITION
FY 2003-2004
FULL-TIME NON-EXEMPT POSITIONS
(JOB CLASSIFICATIONS 1000-1599)
RANGE JOB TITLE A B C D E F G
1037 Office Assistant 12.15 12.76 13.39 14.06 14.77 15.50 16.28
971.8211 1,020.4121 1,071.4327 1,125.0044 1,181.2546
1,240.3173 1,302.3332
Schedule B
Effective 7/1/03
CITY OF DIAMOND BAR
SALARY RANGES BY POSITION
FY 2003-2004
FULL-TIME EXEMPT POSITIONS
(JOB CLASSIFICATIONS 1600-1999)
RANGE JOB TITLE A B
1635 Accountant Il 19.14 20.10
Assistant City Clerk 1,531.2550
1,954.3126 2,052.0282
Assistant Engineer 3,317.72 3,483.61
Assistant Planner
C D E F G
21.10 22.16 23.27 24.43 25.65
1,607.8178 1,688.2087 1,772.6191
3,657.79 3,840.67 4,032.71 4,234.34 4,446.06
Management Analyst
752 Parks & Maintenance Supervisor
0.58 1.61 2.69 3.82 5.01 6.26 7.57
Public Works Supervisor
Recreation Supervisor
Senior Management Analyst
Sr. Neighborhood Improvement Officer 1,646.0992 1,728.4042
2,000.8439 2,100.8861 2,205.9304
3,566.55 3,744.88 3,932.12 4,128.73 4,335.16 4,551.92
1897 Communications & Marketing Coordinator 22.21 23.33
Recreation Supervisor II 1,777.1692 1,866.0277
2,160.1603 2,268.1683 2,381.5767
Senior Accountant 3,850.53 4,043.06 4,245.21 4,457.47 4,680.35
1987 Superintendent of Parks/Maintenance
23.27 24.43 25.65 26.94 28.28 29.70 31.18
Associate Planner
1,861.2501
1,814.8244 1,905.5656
4,779.52
24.49 25.72
1,959.3290
4,914.36 5,160.08
27.00 28.35 29.77
2,057.2955
2,105.61 2,210.89 2,321.44 2,437.51 2,559.38 2,687.35 2,821.72
1141
Account Clerk II 13.36 14.02 14.73 15.46 16.24 17.05 17.90
Community Services Coordinator 1,068.5514 1,121.9790 1,178.0779 1,236.9818
1,298.8309 1,363.7724 1,431.9611
Office Assistant 11 2,315.19 2,430.95 2,552.50 2,680.13 2,814.13 2,954.84 3,102.58
1203
Parks Maintenance Worker II 14.09 14.79 15.53 16.31 17.12 17.98
18.88
1,127.0006 1,183.3506 1,242.5182 1,304.6441
1,369.8763
1,438.3701 1,510.2886
2,441.83 2,563.93 2,692.12 2,826.73 2,968.07 3,116.47 3,272.29
1257
Administrative Secretary 14.72 15.46 16.23 17.04 17.89 18.79
19.73
Senior Account Clerk 1,177.6603 1,236.5434 11298.3705
1,363.2891
1,431.4535 1,503.0262 1,578.1775
2,551.60 2,679.18 2,813.14 2,953.79 3,101.48 3,256.56 3,419.38
1365
Senior Administrative Assistant 15.52 16.29 17.11 17.96 18.86
19.80 20.79
1,241.2406 1,303.3026 1,368.4677 1,436.8911
1,508.7357
1,584.1724 1,663.3811
2,689.35 2,823.82 2,965.01 3,113.26 3,268.93 3,432.37 3,603.99
1437
Neighborhood Improvement Officer 16.83 17.67 18.56 19.49 20.46
21.48 22.56
Recreation Specialist 1,346.5656 1,413.8939 1,484.5886
1,558.8180
1,636.7589 1,718.5969 1,804.5267
2,917.56 3,063.44 3,216.61 3,377.44 3,546.31 3,723.63 3,909.81
1519
Management Information System 17.79 18.68 19.61 20.59 21.62
22.70 23.84
(MIS) Technician 1,423.1683 1,494.3267 1,569.0431 1,647.4952 1,729.8700
1,816.3635 1,907.1817
3,083.53 3,237.71 3,399.59 3,569.57 3,748.05 3,935.45 4,132.23
Schedule B
Effective 7/1/03
CITY OF DIAMOND BAR
SALARY RANGES BY POSITION
FY 2003-2004
FULL-TIME EXEMPT POSITIONS
(JOB CLASSIFICATIONS 1600-1999)
RANGE JOB TITLE A B
1635 Accountant Il 19.14 20.10
Assistant City Clerk 1,531.2550
1,954.3126 2,052.0282
Assistant Engineer 3,317.72 3,483.61
Assistant Planner
C D E F G
21.10 22.16 23.27 24.43 25.65
1,607.8178 1,688.2087 1,772.6191
3,657.79 3,840.67 4,032.71 4,234.34 4,446.06
Management Analyst
752 Parks & Maintenance Supervisor
0.58 1.61 2.69 3.82 5.01 6.26 7.57
Public Works Supervisor
Recreation Supervisor
Senior Management Analyst
Sr. Neighborhood Improvement Officer 1,646.0992 1,728.4042
2,000.8439 2,100.8861 2,205.9304
3,566.55 3,744.88 3,932.12 4,128.73 4,335.16 4,551.92
1897 Communications & Marketing Coordinator 22.21 23.33
Recreation Supervisor II 1,777.1692 1,866.0277
2,160.1603 2,268.1683 2,381.5767
Senior Accountant 3,850.53 4,043.06 4,245.21 4,457.47 4,680.35
1987 Superintendent of Parks/Maintenance
23.27 24.43 25.65 26.94 28.28 29.70 31.18
Associate Planner
1,861.2501
1,814.8244 1,905.5656
4,779.52
24.49 25.72
1,959.3290
4,914.36 5,160.08
27.00 28.35 29.77
2,057.2955
Associate Engineer 1,861.4458 1,954.5181 2,052.2440 2,154.8562 2,262.5990
2,375.7290 2,494.5154
Executive Assistant 4,033.13 4,234.79 4,446.53 4,668.86 4,902.30 5,147.41 5,404.78
1990 Senior Engineer 25.01 26.26 27.58 28.96 30.40 31.92 33.52
Senior Planner 2,001.0541 2,101.1068 2,206.1621 2,316.4702 2,432.2937
2,553.9084 2,681.6038
4,335.62 4,552.40 4,780.02 5,019.02 5,269.97 5,533.47 5,810.14
1995 Public Information Manager 27.00 28.35 29.77 31.26 32.82 34.46 36.19
2,160.1499 2,268.1574 2,381.5653 2,500.6435 2,625.6757
2,756.9595 2,894.8075
4,680.32 4,914.34 5,160.06 5,418.06 5,688.96 5,973.41 6,272.08
Schedule C
Effective 7/1/03
CITY OF DIAMOND BAR
SALARY RANGES BY POSITION
FY 2003-2004
EXECUTIVE MANAGEMENT (EXEMPT) POSITIONS
(JOB CLASSIFICATIONS 2000-3999)
RANGE JOB TITLE A B C D E F G
2319 Assistant to the City Manager 27.15 28.51 29.93 31.43 33.00 34.65 36.38
City Clerk 2,171.9976 2,280.5975 2,394.6274 2,514.3587 2,640.0767
2,772.0805 2,910.6845
4,705.99 4,941.29 5,188.36 5,447.78 5,720.17 6,006.17 6,306.48
2571 Deputy Public Works Director 30.10 31.61 33.19 34.85 36.59 38.42 40.34
2,408.3436 2,528.7607 2,655.1988 2,787.9587 2,927.3567
3,073.7245 3,227.4107
5,218.08 5,478.98 5,752.93 6,040.58 6,342.61 6,659.74 6,992.72
2985 City Engineer/Public Works Director 34.95 36.70 38.54
40.46
42.49
44.61 46.84
Comm. Development Director 2,796.3775 2,936.1964
3,083.0062 3,237.1565
3,399.0144 3,568.9651 3,747.4133
15.45
Schedule E
Community Services Director
PART-TIME HOURLY: BENEFITED POSITIONS
(Job Classifications 900 - 999)
6,058.82 6,361.76 6,679.85 7,013.84 7,364.53 7,732.76 8,119.40
RANGE JOB TITLE A B
C
937 Community Services Leader 1
Finance Director
953 Community Services Leader II
8.81
987 Neighborhood Improvement Officer
3172 Deputy City Manager 37.14 39.00 40.95 43.00
45.15
47.41
49.78
2,971.5990 3,120.1789 3,276.1878
31439.9972
3,611.9971
3,792.5970 3,982.2268
6,438.46 6,760.39 7,098.41 7,453.33 7,825.99 8,217.29
8,628.16
CITY OF DIAMOND BAR
SALARY RANGES BY POSITION
FY 2003-2004
Schedule D
Effective 7/1/03
PART-TIME HOURLY: NON -BENEFITED POSITIONS
(Job Classifications 500 - 899)
RANGE JOB TITLE A B C D E
F
G
515 Community Services Worker 7.13 7.49 7.87 8.26
8.67
9.11
9.56
537 Community Services Leader/ 7.79 8.18 8.82 9.42
10.05
10.67
11.22
753 Community Services Leader II 8.81 9.42 10.05 10.67
11.31
11.95
12.58
Intern
Parks Maintenance Helper
12.15 12.76 13.39
14.06
770 Parks Maintenance Helper 11
775 Community Services Coordinator
13.36
800 Engineering Aide 14.72
15.45
Schedule E
Effective 7/1/03
PART-TIME HOURLY: BENEFITED POSITIONS
(Job Classifications 900 - 999)
RANGE JOB TITLE A B
C
937 Community Services Leader 1
7.79
953 Community Services Leader II
8.81
987 Neighborhood Improvement Officer
14.77 15.50 16.28
14.02 14.73 15.47 16.23 17.05 17.89
16.22 17.04 17.89 18.78 19.73
D E F G
8.18 8.82 9.42 10.05 10.67 11.22
9.42 10.05 10.67 11.31 11.95 12.58
16.83 17.67 18.56 19.49 20.46 21.48
22.56
Agenda # 8 , 2
Meeting Date: June 1 7, 2 n n 3
CITY COUNCIL AGENDA REPORT
lyC>RHRA��'U
TO: Honorable Mayor and Members o�the City Council
VIA: Linda C. Lowry, City Manage 111f
TITLE: Approve Valley Vista Services Rate Adjustment for CPI, Disposal, and Extraordinary Costs
RECOMMENDATION:
Approve the rate adjustment request.
FINANCIAL IMPACT:
There is no financial impact to the City of Diamond Bar. The proposed rate adjustment will be paid for by Valley
Vista Services customers (bin users). The rate adjustment ranges between 7.7% to 13.0% with the smaller bin
size having the lowest increase. On average, the rate adjustments amount to about a nine percent (9%)
increase. The City has audited the calculations and justification provided, and compared the adjusted rates to
the Los Angeles County average for commercial rates of major haulers. The calculations have been
performed in accordance with the approved contract, and are reasonable.
BACKGROUND:
In August 2000, the City Council awarded an exclusive contract to Valley Vista Services to collect refuse and
recyclables in the commercial (bin service) sector. The contract stipulates Valley Vista Services can adjust
rates to account for: (1) a cost of living Consumer Price Index (CPI) adjustment on the non -disposal portion of
the rate (2) an increase for that portion of the rate which is impacted by the aggregated dumping fees, and (3)
other extraordinary cost. See Attachment A, Rate Adjustment Methodology for Valley Vista Services.
DISCUSSION:
(1) For the service (non -dumping fee) component of the monthly bin rate, Valley Vista has requested a CPI
adjustment of 3.92% for the year April 1, 2002 through March 31, 2003. (2) They have provided information
justifying their request for an adjustment for disposal costs, from $23 per ton to $30 per ton. This increase
results from increased use of the transfer station due to early closure at Puente Hills Landfill. The adjustment is
applied only to the monthly rates, not to surcharges. (3) There is no request for extraordinary cost increase.
The new bin rates and surcharges are provided in Attachment B. The old rates and the new rates are
presented side by side in Attachment C, entitled "Computation of Commercial Collection Rates."
Report to Council
June 17, 2003
Comparative Rate Analysis for Diamond Bar
Page 2 of 2
A comparative rate analysis was performed by Huls Environmental, the City's consultant, to compare the
proposed rates of Valley Vista for commercial collection with a selection of rates currently charged in Los
Angeles County. Selection of a countywide average of rates is used to correct for programmatic and other
variations among the cities. Results of the comparative analysis are provided in the table found below:
COMMERCIAL (BIN) RATES
Average rates for Los Angeles County (current fiscal Surrounding Cities Rates Minus City Fees
year) for major haulers (excluding city fees) for 3 -yard based on 3 -yd bin collected once weekly
bin collected once weekly: without city fees (new rates)
firm
avg rate
cities
rate x cities
City
Rate
Valley Vista
$63.20
02
126.40
La Puente
$64.40
CalMet
$78.69
06
473.35
Walnut
$66.30
Waste Mgmt
$80.75
13
1049.80
San Dimas
$87.24
Republic
$83.76
08
664.44
La Verne
$84.71
Athens
$93.75
07
685.68
Industry
$88.88
Totals
36
2999.67
Average Rate $83.32 $78.31
Valley Vista Proposed Rate $76.16 $76.16
As can be seen from the comparative rate analysis, Valley Vista's proposed rate for refuse collection is below
the norm whether examining rates from surrounding cities or countywide.
PREPARED BY:
J. Michael Huls, REA, Integrated Environmental Services Coordinator
REVIEWED BY:
David . Liu, Ofecfor of Public Works 4ieStefan% Deputy City Manager
Attachments:
A Exhibit A from the Agreements (Rate Adjustment Methodology for Valley Vista Services)
B Rate Schedule for Commercial Accounts
C Rate adjustment request from Valley Vista Services
Attachment A
Exhibit "A" Rate Adjustment Methodology for Valley Vista Services
CPI Rate Adjustment
Subject to the approval of the City Manager, the fees identified in Exhibit "A" will be adjusted on
July 1St of each year beginning July 1, 2002 by the percentage change in the Consumer Price
Index (CPI) for the 12 months ended the previous March 31St based on the Los Angeles/
Anaheim/Riverside Area Index. The CPI index will be applied solely to the non -disposal portion
of the rate.
Disposal Rate Adjustment
Fees found in Exhibit "A" reflect a $23.00 per ton blended disposal rate. In conjunction with the
annual CPI rate adjustment schedule and procedure, the Contractor will submit all necessary
documentation requested by the City Manager to establish the net change in annual disposal
costs for the previous 12 months ended the previous March 31 st. This net change in disposal
costs will be divided by the number of residential customers and added or subtracted from the
Customer Service Rate Adjustment Request. Disposal adjustments will be limited to annual
changes in disposal gate rates, government mandated fees, and taxes. No disposal facilities
will be utilized by the Contractor without a 30 -day prior written consent of the City Manager.
The disposal rate will be adjusted by resolution of the City Council on or before July 1 St of each
year beginning July 1, 2002 in accordance with the changes recommended by the City
Manager.
Extraordinary Rate Adjustment
In addition to the above, the Contractor may request in writing an increase in the service
charges above the CPI and disposal costs based upon extraordinary circumstances limited to
the following: transportation, processing, government mandated fees and taxes, and other costs
as documented and agreed to by the City Manager. The Contractor's request will be submitted
in conjunction with the annual CPI rate adjustment, and will be added to any CPI and disposal
rate adjustment. The rate will be adjusted for extraordinary circumstances by resolution of the
City Council on or before July 1 s' of each year beginning July 2, 2002 in accordance with the
changes recommended by the City Manager.
Rate Adjustment Schedule
All requests for rate adjustments shall be submitted by the Contractor by or before April 201t' of
each year beginning with April 20, 2002. The City must respond to the request in writing by May
201h or 30 days after receipt of the request. The City Manager will approve the CPI rate
adjustment; however, Council will consider the City Manager's recommendations for disposal
rate and extraordinary rate adjustments, and vote by resolution on or before July 1St of each
calendar year, beginning in the year 2002. Effective dates of new rates will be July 1St of each
calendar year.
Attachment B
Attachment C
E '` U
Cy
Di,
A, n04OGER
8[`AR
Valley Vista Services ~(�}�' 'S WncE
�¢ Waste Disposal and Recycling Division 03 APR 21 11 12
Recovering the Earth's Resources Post Office Box 3405 • 17445 East Railroad Street City of Industry, California 91744 (800) 442-6454 • fax (626) 961-1105
April 19, 2002
Ms. Linda Lowry, City Manager
Diamond Bar City Hall
21825 E. Copley Drive
Diamond Bar, CA
Re: Annual Rate Adjustment under the terms of "Agreement for Integrated Waste
Management Services, dated August 15, 2000"
Dear Linda,
As per the terms of the above referenced Agreement, Valley Vista Services, Inc. may avail itself
to three different rate adjustment provisions. The agreement refers to them as the "CPI Rate
Adjustment" the "Disposal Rate Adjustment' and the "Extraordinary Rate Adjustment".
During the last year VVS has incurred significant increases in transportation, insurance, fuel and
other costs, which are addressed under the "Extraordinary Rate Adjustment" provision. At this
time however, we have chosen forgo this rate adjustment.
With regard to the CPI provision, during the period the March 2002 to March 2003 the change in
the Consumer Price Index for Los Angeles -Riverside -Orange County, computes to an upward
change of 3.92°/x. With regard to the Disposal Rate provision VVS has incurred dump/transfer
costs in excess of the $23.00 per ton that is incorporated in to our original contract rates.
In response to these items, VVS does hereby request an increase in rates that incorporates the
CPI change and an adjustment of the dump/transfer component from $23.00 to $30.00 per ton.
We have incorporated these items into our rates, and have prepared the attached exhibits for
your review and consideration.
As per the terms of the Agreement, once approved these adjustments would be effective as of
.iuiy 1, 2003 and would be reflected in the raies charged io customers with 'their Juiy 1, 2003
billings.
If you should have any questions, please do not hesitate to contact our Chief Financial Officer,
Lee Segura or myself.
Perez
cc: David Liu, Director of Public
(D Printed on Recycled Paper
.s
Valley Vista Services
aQ
Waste Disposal and Recycling Division
Recovering the Earth's Resources Post Office Box 3405 • 17445 East Railroad Street City of industry, California 91744 (800) 442-6454 • fax (626) 961-1105
May 6, 2003
Mr. Michael Huls
Huls Environmental, LLC
1074 Parkview Drive, Suite 105
Covina, CA 91724
Re: Facsimile Transmittal of May 1, 2003 regarding Diamond Bar Annual Rate
Adjustment, Agreement dated August 15, 2000.
Dear Michael,
When VVS entered into the Agreement with the City of Diamond Bar, it was
understood that VVS utilized transfer stations and that service rates incorporated
a blended disposal rate of $23.00 per ton. It was also understood that VVS used
the transfer facility operated by United Waste Recycling & Transfer Station, Inc.,
and that it intended to use the Grand Central Recycling & Transfer Station, Inc.
once it opened for business.
In June of 2001, VVS ceased using the United Waste Recycling & Transfer
Station and began using the Grand Central Recycling & Transfer Station. The
change in transfer stations reduced VVS's transfer rate from $38.50 per ton to
$34.77 per ton; however, this savings has been more than offset by increased
transfer station usage due to the congestion and the recurring early daily closure
of the Puente Hills Landfill.
In regard to this increase in costs, we prepared our rate proposal based upon a
blended disposal rate of $30.00 per ton.
If you should have any questions regarding the above please do not hesitate to
contact either Lee Segura or myself.
Thank you for your assistance on this matter.
Sincerely,
David M. Perez
® Printed on Recycled Paper
Agenda # 8.2
Meeting Date: June 17, 2(11)3
CITY COUNCIL;'— AGENDA REPORT
TO:
Honorable Mayor and Members o,f,the City Council
VIA: Linda C. Lowry, City Manage
TITLE: Approve Valley Vista Services Rate Adjustment for CPI, Disposal, and Extraordinary Costs
RECOMMENDATION:
Approve the rate adjustment request.
FINANCIAL IMPACT:
There is no financial impact to the City of Diamond Bar. The proposed rate adjustment will be paid for by Valley
Vista Services customers (bin users). The rate adjustment ranges between 7.7% to 13.0% with the smaller bin
size having the lowest increase. On average, the rate adjustments amount to about a nine percent (9%)
increase. The City has audited the calculations and justification provided, and compared the adjusted rates to
the Los Angeles County average for commercial rates of major haulers. The calculations have been
performed in accordance with the approved contract, and are reasonable.
BACKGROUND:
In August 2000, the City Council awarded an exclusive contract to Valley Vista Services to collect refuse and
recyclables in the commercial (bin service) sector. The contract stipulates Valley Vista Services can adjust
rates to account for: (1) a cost of living Consumer Price Index (CPI) adjustment on the non -disposal portion of
the rate (2) an increase for that portion of the rate which is impacted by the aggregated dumping fees, and (3)
other extraordinary cost. See Attachment A. Rate Adjustment Methodology for Valley Vista Services.
DISCUSSION:
(1) For the service (non -dumping fee) component of the monthly bin rate, Valley Vista has requested a CPI
adjustment of 3.92% for the year April 1, 2002 through March 31, 2003. (2) They have provided information
justifying their request for an adjustment for disposal costs, from $23 per ton to $30 per ton. This increase
results from increased use of the transfer station due to early closure at Puente Hills Landfill. The adjustment is
applied only to the monthly rates, not to surcharges. (3) There is no request for extraordinary cost increase.
The new bin rates and surcharges are provided in Attachment B. The old rates and the new rates are
presented side by side in Attachment C, entitled "Computation of Commercial Collection Rates."
Report to Council
June 17, 2003
Comparative Rate Analysis for Diamond Bar
Page 2 of 2
A comparative rate analysis was performed by Huls Environmental, the City's consultant, to compare the
proposed rates of Valley Vista for commercial collection with a selection of rates currently charged in Los
Angeles County. Selection of a countywide average of rates is used to correct for programmatic and other
variations among the cities. Results of the comparative analysis are provided in the table found below:
COMMERCIAL (BIN) RATES
Average rates for Los Angeles County (current fiscal
year) for major haulers (excluding city fees) for 3 -yard
bin collected once weekly:
firm avg rate cities rate x cities
Valley Vista $63.20 02 126.40
CalMet $78.69 06 473.35
Waste Mgmt $80.75 13 1049.80
Republic $83.76 08 664.44
Athens $93.75 07 685.68
Totals 36 2999.67
Average Rate $83.32
Valley Vista Proposed Rate $76.16
Surrounding Cities Rates Minus City Fees
based on 3 -yd bin collected once weekly
without city fees (new rates)
City Rate
La Puente $64.40
Walnut $66.30
San Dimas $87.24
La Verne $84.71
Industry $88.88
$78.31
$76.16
As can be seen from the comparative rate analysis, Valley Vista's proposed rate for refuse collection is below
the norm whether examining rates from surrounding cities or countywide.
PREPARED BY:
J. Michael Huls, REA, Integrated Environmental Services Coordinator
REVIEWED BY:
eStefan4, Deputy City Manager
Attachments:
A Exhibit A from the Agreements (Rate Adjustment Methodology for Valley Vista Services)
B Rate Schedule for Commercial Accounts
C Rate adjustment request from Valley Vista Services
Attachment A
Exhibit "A" Rate Adjustment Methodology for Valley Vista Services
CPI Rate Adjustment
Subject to the approval of the City Manager, the fees identified in Exhibit "A" will be adjusted on
July 1" of each year beginning July 1, 2002 by the percentage change in the Consumer Price
Index (CPI) for the 12 months ended the previous March 31st based on the Los Angeles/
Anaheim/Riverside Area Index. The CPI index will be applied solely to the non -disposal portion
of the rate.
Disposal Rate Adjustment
Fees found in Exhibit "A" reflect a $23.00 per ton blended disposal rate. In conjunction with the
annual CPI rate adjustment schedule and procedure, the Contractor will submit all necessary
documentation requested by the City Manager to establish the net change in annual disposal
costs for the previous 12 months ended the previous March 31St. This net change in disposal
costs will be divided by the number of residential customers and added or subtracted from the
Customer Service Rate Adjustment Request. Disposal adjustments will be limited to annual
changes in disposal gate rates, government mandated fees, and taxes. No disposal facilities
will be utilized by the Contractor without a 30 -day prior written consent of the City Manager.
The disposal rate will be adjusted by resolution of the City Council on or before July 1St of each
year beginning July 1, 2002 in accordance with the changes recommended by the City
Manager.
Extraordinary Rate Adjustment
In addition to the above, the Contractor may request in writing an increase in the service
charges above the CPI and disposal costs based upon extraordinary circumstances limited to
the following: transportation, processing, government mandated fees and taxes, and other costs
as documented and agreed to by the City Manager. The Contractor's request will be submitted
in conjunction with the annual CPI rate adjustment, and will be added to any CPI and disposal
rate adjustment. The rate will be adjusted for extraordinary circumstances by resolution of the
City Council on or before July 1St of each year beginning July 2, 2002 in accordance with the
changes recommended by the City Manager.
Rate Adjustment Schedule
All requests for rate adjustments shall be submitted by the Contractor by or before April 20th of
each year beginning with April 20, 2002. The City must respond to the request in writing by May
20th or 30 days after receipt of the request. The City Manager will approve the CPI rate
adjustment; however, Council will consider the City Manager's recommendations for disposal
rate and extraordinary rate adjustments, and vote by resolution on or before July 1St of each
calendar year, beginning in the year 2002. Effective dates of new rates will be July 1St of each
calendar year.
Attachment B
Attachment C
Valley Vista Services
Waste Disposal and Recycling Division
Recovering me Earth's Resources Post Office Box 3405 • 17445 East Railroad Street City of Industry, California 91744 (800) 442-
6454 • fax (626) 961-1105
April 19, 2002
Ms. Linda Lowry, City Manager
Diamond Bar City Hall
21825 E. Copley Drive
Diamond Bar, CA
Re: Annual Rate Adjustment under the terms of "Agreement for Integrated Waste
Management Services, dated August 15, 2000"
Dear Linda,
As per the terms of the above referenced Agreement, Valley Vista Services, Inc. may avail itself
to three different rate adjustment provisions. The agreement refers to them as the "CPI Rate
Adjustment" the "Disposal Rate Adjustment" and the "Extraordinary Rate Adjustment".
During the last year WS has incurred significant increases in transportation, insurance, fuel and
other costs, which are addressed under the "Extraordinary Rate Adjustment" provision. At this
time however, we have chosen forgo this rate adjustment.
With regard to the CPI provision, during the period the March 2002 to March 2003 the change in
the Consumer Price Index for Los Angeles -Riverside -Orange County, computes to an upward
change of 3.92%. W ith regard to the Disposal Rate provision WS has incurred dump/transfer
costs in excess of the $23.00 per ton that is incorporated in to our original contract rates.
In response to these items, WS does hereby request an increase in rates that incorporates the
CPI change and an adjustment of the dump/transfer component from $23.00 to $30.00 per ton.
We have incorporated these items into our rates, and have prepared the attached exhibits for
your review and consideration.
As per the terms of the Agreement, once approved these adjustments would be effective as of
Juiy i, 2003 and would be ren"ected in the rates charged to customers with their Juiy 1, 2iu3
billings.
If you should have any questions, please do not hesitate to contact our Chief Financial Officer,
Lee Segura or myself.
® Printed nn Recycled Paper
.4W
Valley Vista Services
Waste Disposal and Recycling Division
Recovering the Earth's Resources Post Office Box 3405 • 17445 East Railroad Street City of Industry, California 91744 (800) 442-
6454 • fax (626) 961-1105
May 6, 2003
Mr. Michael Huls
Huls Environmental, LLC
1074 Parkview Drive, Suite 105
Covina, CA 91724
Re: Facsimile Transmittal of May 1, 2003 regarding Diamond Bar Annual Rate
Adjustment, Agreement dated August 15, 2000.
Dear Michael,
When VVS entered into the Agreement with the City of Diamond Bar, it was
understood that VVS utilized transfer stations and that service rates incorporated
a blended disposal rate of $23.00 per ton. It was also understood that VVS used
the transfer facility operated by United Waste Recycling & Transfer Station, Inc.,
and that it intended to use the Grand Central Recycling & Transfer Station, Inc.
once it opened for business.
In June of 2001, VVS ceased using the United Waste Recycling & Transfer
Station and began using the Grand Central Recycling & Transfer Station. The
change in transfer stations reduced VVS's transfer rate from $38.50 per ton to
$34.77 per ton; however, this savings has been more than offset by increased
transfer station usage due to the congestion and the recurring early daily closure
of the Puente Hills Landfill.
In regard to this increase in costs, we prepared our rate proposal based upon a
blended disposal rate of $30.00 per ton.
If you should have any questions regarding the above please do not hesitate to
contact either Lee Segura or myself.
Thank you for your assistance on this matter.
19
Printed on Recycled Paper
.4
Agenda # 8.3
Meeting Date: June 17, 2003
CITY COUNCIL AGENDA REPORT
v
fry"CORpoTca'�"�%
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
/p�
TITLE: Approve Waste Management Rate Adjustment for CPI, Disposal, and Extraordinary
Costs and Amend Rate Adjustment Methodology
RECOMMENDATION:
Approve the rate adjustment request and amend methodology.
FINANCIAL IMPACT:
There is no financial impact to the City of Diamond. The proposed rate adjustment will be paid for by
Waste Management customers (barrel users). The increase ranges from $0.59 to $0.90 with the 35 -
gallon barrel having the lowest increase. The City has audited the calculations and justification
provided, and compared the adjusted rates to the Los Angeles County average for residential rates of
major haulers. The calculations have been performed in accordance with the approved contract and
the adjusted rates are reasonable.
BACKGROUND:
In August 2000, the City Council awarded an exclusive contract to Waste Management to collect
refuse and recyclables in the residential sector. The contract stipulates Waste Management can
adjust rates to account for: (1) a cost of living Consumer Price Index (CPI) adjustment on the non -
disposal portion of the rate, (2) an increase for that portion of the rate which is impacted by the
aggregated dumping fees, and (3) other extraordinary costs. (See Attachment A, Rate Adjustment
Methodology for Waste Management.)
DISCUSSION:
RATE ADJUSTMENT
(1) For the service (non -dumping fee) component of the monthly barrel rate, Waste Management has
requested a CPI adjustment of 3.92% for the year April 1, 2002 through March 31, 2003. (2) They
have provided information justifying their request for an adjustment for disposal costs. This increase
results from increased use of the transfer station due to early closure at Puente Hills Landfill. The
adjustment is applied only to the monthly rates, not to surcharges. (3) There is no request for
extraordinary cost increase.
With a 4.99% increase request, Waste Management apportioned the cost to the relative size of the
container. This will meet the intent of our "Pay -As -You -Throw Program"/variable rate structure.
Further, these adjustments will allow residents that are committed to recycling, and have smaller
refuse containers, to pay less than customers with additional and/or larger refuse containers. No
surcharges or other costs are adjusted so as to keep the system as simple as possible. The new
residential monthly rates and surcharges are provided in Attachment B. As an easy comparison, the
current rates and the proposed rates are presented in the table shown below.
Current Rates and Proposed Rates with 4.99% increase
35 Gallon 64 Gallon 96 Gallon
Service
Current
Proposed
Current
Proposed
Current
Proposed
Component
Refuse, Recycling
$11.89
$12.48
$14.96
$15.71
$18.03
$18.93
& Green Waste
Additional Refuse
$4.00
$4.20
$6.00
$6.30
$8.00
$8.40
Cart
Senior Rate
$10.11
$10.61
$12.72
$13.35
$15.33
$16.09
Notes: the above listed rates exclude City fees of $0.75 per month
Comparative Rate Analysis for Diamond Bar
A comparative analysis was performed by Huls Environmental, the City's consultant, of the proposed
residential rate of Waste Management with a selection of rates currently charged in Los Angeles
County. Selection of a countywide average of rates was used so as to correct for programmatic
differences and other variations among the cities. Results are provided in the table found on the
following page.
It should be noted that the basis for comparison is predicated on the median container offered by
Waste Management, i.e., the 64 -gallon automated can, to allow as accurate a comparison as
possible with other communities that offer a range of container sizes and collection schemes.
Additionally, it is acknowledged that Diamond Bar's solid waste and recycling program is more
comprehensive and stringent than most of the communities surveyed, inasmuch as the City requires
automated collection using variable rates and limited volume.
Also, surrounding cities' rates are shown in the same table, but are for illustrative purposes only since
the specific programs offered by the surrounding cities may vary greatly from Diamond Bar's
program. All rates identified exclude any city fees.
2
RESIDENTIAL (BARREL) RATES
Average rates for Los Angeles County (current fiscal year) Surrounding Cities Rates Minus
City Fees
for major haulers (excluding city fees) for base container: Based on 64 -gallon container*
firm
avg rate
cities rate x cities
City
Rate
Valley Vista
$15.05
01
15.05
La Puente
$15.05
CalMet
$12.63
07
88.39
Walnut
$16.00
Waste Mgmt
$12.73
20
254.56
San Dimas
$14.37
Republic
$12.39
12
148.73
La Verne
$16.14
BFI
$12.01
05
60.07
Pomona
$21.64
Athens
$16.16
08
129.28
Claremont
$21.70
* Walnut is based on 96 gal can
Totals
53
696.18
Average Rate
$13.13
$17.48
Waste Management
Proposed Rate
$15.71
$15.71
As can be seen from the comparative rate analysis, Waste Management's proposed rate for the
median can service is above the countywide norm but within a competitive range, and below the
average for surrounding cities.
DISCUSSION:
CONTRACT AMENDMENT/RATE ADJUSTMENT METHODOLOY
During the review process, it became apparent and necessary to clarify the methodology used to
calculate rate adjustments. The clarification makes a definitive separation between Service Costs
and Disposal Costs. Service Costs are defined as all non -disposal costs for performing trash hauling
services. The Disposal Costs reflects tipping fees and any assessments directly related to the
disposal of trash.
Service costs will be adjusted by the percentage of change in the CPI for the 12 months ended the
previous March 31St based on the Los Angeles/Orange/Riverside Area Index. The CPI percentage
will be applied solely to the non -disposal portion of the rate and will not apply to the disposal portion
of the rate structure.
Disposal costs will be adjusted based on the previous 12 months ended the previous March 31St. The
net change in disposal costs will be based on the percentage difference between the previous 12 -
month period and the current 12 -month period. Disposal adjustments will be limited to annual
changes in disposal gate rates, government mandated fees, and taxes.
3
These suggested changes/modifications are reflected in Attachment A. A copy of the amendment
has been forwarded to Waste Management, and they have concurred with the changes.
PREPARED BY:
J. Michael Huls, REA, Integrated Environmental Services Coordinator
Sharon Gomez, Management Analyst
REVIEWED BY:
Da G u, Director of Public Works
Jim eStefano, Dep ty City Manager
Attachments:
A Exhibit A from the Agreements (Rate Adjustment Methodology for Waste Management)
B Rate Schedule for Residential Accounts
C Rate adjustment request from Waste Management
4
Attachment A
Exhibit "A" Rate Adjustment Methodology for Waste Management
Definition For
The normal rats
reflects tipping
Portion of the r
tion
CPI Rate Adjustment
Subject to the approval of the City Manager, the fees identified in Exhibit "A" will be adjusted on
July 1St of each year beginning July 1, 2002 by the percentage change in the Consumer Price
Index (CPI) for the 12 months ended the previous March 31St based on the Los Angeles/
Anaheim/Riverside Area Index. The CPI index will be applied solely to the non -disposal portion
of the rate. The CPI index will not apply to the disposalportion of the rate structure.
Disposal Rate Adjustment
Fees found in Exhibit "A" reflect a $23.00 per ton blended disposal rate. In conjunction with the
annual CPI rate adjustment schedule and procedure, the Contractor will submit all necessary
documentation requested by the City Manager to establish the net change in annual disposal
costs for the previous 12 months ended the previous March 31 st. This net change in disposal
costs will be divided by the RUrnbeF of residential Gustemers and added or GubtraGted ftem the
apportioned to the rates based on the portion of
the rate attributed to disposal costs. Disposal adjustments will be limited to annual changes in
disposal gate rates, government mandated fees, and taxes. No disposal facilities will be utilized
by the Contractor without a 30 -day prior written consent of the City Manager. The disposal rate
will be adjusted by resolution of the City Council on or before July 1st of each year beginning
July 1, 2002 in accordance with the changes recommended by the City Manager.
Extraordinary Rate Adjustment
In addition to the above, the Contractor may request in writing an increase in the service
charges above the CPI and disposal costs based upon extraordinary circumstances limited to
the following: transportation, processing, government mandated fees and taxes, and other costs
as documented and agreed to by the City Manager. The Contractor's request will be submitted
in conjunction with the annual CPI rate adjustment, and will be added to any CPI and disposal
rate adjustment. The rate will be adjusted for extraordinary circumstances by resolution of the
City Council on or before July 1st of each year beginning July 2, 2002 in accordance with the
changes recommended by the City Manager.
Rate Adjustment Schedule
All requests for rate adjustments shall be submitted by the Contractor by or before April 201h of
each year beginning with April 20, 2002. The City must respond to the request in writing by May
20th or 30 days after receipt of the request. The City Manager will approve the CPI rate
adjustment; however, Council will consider the City Manager's recommendations for disposal
rate and extraordinary rate adjustments, and vote by resolution on or before July 1 St of each
calendar year, beginning in the year 2002. Effective dates of new rates will be July 1 St of each
calendar year.
Attachment B
Exhibit "A"
Residential Rates (all rates are monthly unless otherwise specified)
July 1, 2003
4.99% increase
Basic Rates
Service Component'
35 Gallon
64 Gallon
96 Gallon
Refuse, Recycling & Green Waste
$12.48
$15.71
$18.93
Refuse, Recycling & Green Waste with City Fees
13.23
16.46
19.68
Senior Rate
10.61
13.35
16.09
Senior Rate with City Fees
11.36
14.10
16.84
Additional Refuse Cart
4.20
6.30
8.40
Surcharges
apply to every service type)
Additional Green Waste Cart Surcharge in Excess of Two
$2.00
$1.25
$15.00
-$2.84
$10.00
$15.00
$50.00
$25.00
Additional Recycling Cart in Excess of Two
Backyard Service Surcharge
Yard Waste Reduction Discount
Household Hazardous Waste Collection Fee
Automated Cart Exchange switch to larger one
Replacement of lost or damaged cart
Bulky Item Collection (in excess of four (4) times per year
and three 3 cubicyards)
Service: Service normally consists of a set of three automated carts. Rates are
based on a resident receiving and using one (1) variable capacity refuse
cart, one (1) 64 -gallon recycling cart and one (1) 64 -gallon green waste
cart. Residents are eligible to receive one (1) additional green waste
and/or recycling cart at no additional charge. There is a slight charge as
noted above for additional recycling and green waste carts in excess of
two (2). Please note that by City Ordinance, discounts are limited to no
more than 30% cumulative. Eligible residents must provide qualifying
proof pursuant to the City Code.
Composting: Residents are eligible to participate in the home composting and grass
cycling program. Participation makes residents eligible to receive the
green waste discount. Participation includes attending a City sponsored
home compost seminar (four (4) scheduled each year), receipt and
operations of a home composting bin, and return of the green waste cart
to Waste Management. To remain eligible, no recyclable or compostable
green wastes (excluding palm fronds, wood, or other green wastes not
accepted by the green waste program) can be disposed in the refuse
container. To attend a workshop, call (909) 396.5671.
City Fees: Currently set at $0.75 per month. This fee should be added to the
Refuse, Recycling and Green Waste Rates for 35 gallon, 64 gallon and
96 gallon capacities to determine effective rates.
Bulky Items: Residents can request bulky item pickup by calling 909.599.1274, at
I least 24 hours before the requested pickup. Bulky items will be picked
up on your regular collection day. Each household is eligible to receive
four (4) free bulky item pickups per year at no extra chare, so long as the
bulky items set out do not exceed three (3) cubic yards. Due to state
law, many electronic devises are considered hazardous waste such as
computer monitors, CPU's, televisions, and stereos. These items are no
longer eligible for bulky item collection. Please call 909.599.1274 for
instructions on their proper disposal.
Changes: Rates are subject to annual adjustments based on the Los Angeles -Long
Beach Consumer Price Index (CPI), disposal fees, and extraordinary
circumstances. All adjustments are normally effective July 1 of each
calendar year unless otherwise stipulated.
HHW: Residents are eligible to have their household hazardous wastes
collected by our door-to-door collection service. The co -payment
required by the resident is $10 while the City and grant funds make up
the difference of $77 per stop. Call the HHW Hotline at 1-800-HHW-
PKUP to schedule collection at a time and date of your convenience. In
addition, if you have hypodermic needles (Sharps) to dispose, call the
hot line to receive a Sharps kit. There may be a small charge.
Nonresidential Rates
Waste Management is eligible to provide temporary bin service to single family residents who
are doing yard work, roofing, and small construction or renovation projects. Rates for such
service are in conformance with Valley Vista Services, and are incorporated by reference.
2
Attachment C
1A/1A®
WASTE MANAGEMENT
June 12, 2003
Linda C. Lowry, City Manager
City of Diamond Bar
21825 E. Copley Drive
Diamond Bar, CA 91765
RE: Rate Increase for Fiscal Year 2003/2004
Revision 2
Dear Mrs. Lowry:
SAN GABRIEL / POMONA VALLEY
13940 East Live Oak Avenue
Baldwin Park, CA 91706
(626)960-7551
(626) 814-1955 Fax
Waste Management San Gabriel/Pomona Valley (Waste Management) is proud of its partnership
with the City of Diamond Bar. Working together we have accomplished the most comprehensive
environmental program in the San Gabriel Valley and beyond. The multi -service approach taken
by the City includes its award winning fully automated "Pay As You Throw" (PAYT) curbside
collection program, door-to-door HHW and electronic waste program, "Smart Gardener"
composting workshops, and mail -in medical Sharps program.
Diamond Bar's residents continue to demonstrate their understanding and commitment to
recycling. Proof is the steadily improved residential refuse diversion, which translated to 52%
diversion for Diamond Bar's reported year 2001.
Looking back at the beginning of our PAYT implementation, we have come a long way. Change
is often difficult, and we had a few bumps in the road. A journey Waste Management and
Diamond Bar's elected leadership, residents, City's staff and environmental consultant, traveled
together, setting the pace for other municipalities to emulate. Congratulations are earned by all.
It suffices to say our work is not complete. Excellence is our goal. Service can always improve,
diversion can always be higher, new programs await discovery and implementation. Waste
Management stands a ready partner to share a continued journey with the City of Diamond Bar.
As with all things... there is a price, per the franchise agreement Waste Management requests its
annual rate review. Waste Management has not received a price increase since November 1,
2000. After many discussions and meetings with the City's consultant and staff, we resolved the
methodology by which our annual price increase is calculated and presented. The resulting
methodology recognizes the benchmark measurements as those used to calculate the current
rates. This formula was submitted within Waste Management's winning RFP response entitled,
"Single Family Residential services assumptions/facts".
9
City of Diamond Bar
RE: Rate increase 2003/2004
Revision 2
Page 2
We present the following rate review for your favorable consideration and approval. Our request
addresses two rate adjustment methodology components as described on Exhibit "A" of the
franchise agreement: CPI rate adjustment and Disposal rate adjustment.
Disposal Tonnage and Cost
Disposal Cost Modification — We have provided our calculations in the following table to
identify the net disposal tonnage and tipping fees. This table correctly identifies the disposal
costs and resultant net cost/benefit, which would be applied to any rate increase request. Our
calculations show that the City should receive a net benefit of $979.00. This benefit is
indicative of the fine effort of the residents who participated in the new recycling program
implemented in 2000.
* Year is represented by April 1" through March 30" as dictated by the Agreement.
+ Difference between 2001-2002 year and 2002-2003 is the avoided disposal cost Waste Management realized as a savings due to the reduction
in disposal tonnage.
CPI -Related Rate Modification
To determine the amount of the allowable CPI -modified rate increase, we have taken the total
billed charges and subtracted the disposal costs to identify the collection -related costs by which
we multiply CPI against. This calculation correctly yields the potential CPI -related rate
adjustment for the year April 1, 2002 through March 31, 2003:
1
Year
Tons per 12 mos
$/ton
Total $
1
2001-2002*
16,448 refuse
$23.00
$378,304
2
4
1u'5 . i � c
2002-2003*
8,705 green wastes
Total 2001-2002
16,332 refuse
$11.05
$23.00
$96,190
$474,494.00
$375,636
5
9035 green wastes
$11.05
$99,837
6
- ! U777
100,
Total 2002-2003
a>'-
$475,473.00
7
Difference +
(line 6 minus line 3)'
<$979>
* Year is represented by April 1" through March 30" as dictated by the Agreement.
+ Difference between 2001-2002 year and 2002-2003 is the avoided disposal cost Waste Management realized as a savings due to the reduction
in disposal tonnage.
CPI -Related Rate Modification
To determine the amount of the allowable CPI -modified rate increase, we have taken the total
billed charges and subtracted the disposal costs to identify the collection -related costs by which
we multiply CPI against. This calculation correctly yields the potential CPI -related rate
adjustment for the year April 1, 2002 through March 31, 2003:
1
Total Billed Charges *
$2,465,158
2
Actual Disposal Costs **
$507,157
3
Net Collection Costs
$1,958,001
4
CPI modification factor****
3.92%
5
Multiply line 3 by line 4 to identify net CPI increase
$76,754
* Net of AB939 fees
** Difference between above table represents actual/extraordinary incurred disposal costs
*** The Los Angeles, Riverside, Orange County CPI index change from March 2002
(181.1) to March 2003 (188.2) is 7.1 index, divided by 181.1 equals a 3.92% increase
Net Rate Adjustment
To determine the net rate adjustment, we add disposal cost increase/decrease to the CPI—related
collection cost increase.
City of Diamond Bar
RE: Rate increase 2003/2004
Revision 2
Page 3
The total C.P.I. increase requested for 2003/2004 is $91,267. The increase represents $6.14
annual per unit increase and $0.51 monthly per unit increase.
The following table identifies the calculated rate increase:
1
Rate Increase with CPI
$76,754
2
Refuse Disposal Change 2002/2003
$<2,668>
3
Green Waste Disposal Chane 2002/2003
$3,647
4
Proposed 2001/2002 Rate Increase
$13,534**
5
Available Rate Increase
$91,267*
* Excludes extraordinary costs
** Our proposed net rate adjustment that would have been applied last July — August 2002 if Waste Management had been able to
adequately address your questions last year.
The following table identifies the C.P.I. rate increase when applied by unit:
1 Available C.P.I. Rate Increase
$91,267.00
2 Total Billed Units
14,858
3 Annual Increase Per Unit
$6.14*
4 Monthly Increase Per Unit
$0.51**
* Total available C.P.I. rate increase divided by the number of total billed units equals annual increase per unit
** Annual increase per unit divided by twelve (12) equals the monthly increase per unit
Current Rates and Proposed Rates with $0.51 per unit increase
35 Gallon 64 Gallon 96 Gallon
Service Component
Current
Proposed
Current
Proposed
Current
Proposed
Refuse, Recycling & Green Waste
$11.89
$12.40
$14.96
$15.47
$18.03
$18.54
Additional Refuse Cart Surcharge
$4.00
$4.00
$6.00
$6.00
$8.00
$8.00
Senior Rate
$10.11
$10.62
$12.72
$13.23
$15.33
$15.84
Disposal Rate Adjustment
As you know available landfill space is shrinking. The fact of diminished available landfill
space causes a substantial challenge for the future, and in fact we are experiencing the challenges
now. Although the gate rate fee associated with using Puente Hills Landfill has not changed
significantly for some time, early closure of the landfill requires use of a Materials Recycling
Facility (MFR) or Transfer Station, which adds costs. Attached are charts representing actual
closing times at Puente Hills Landfill compared month to month for the years 2001, 2002, and to
March 31, 2003. These charts dramatically illustrate the daily changing landfill closure times.
After viewing them one can easily understand the difficulty in managing the disposal of refuse.
At the encouragement of the City we have established a relationship with Grand Central Transfer
Station and use this facility whenever refuse is not available for Puente Hills Landfill. The
necessity of using transfer stations to facilitate refuse disposal creates increased service costs and
clearly qualifies for rate adjustment under Exhibit A of the franchise contract.
City of Diamond Bar
RE: Rate increase 2003/2004
Revision 2
Page 4
The following table identifies the calculated rate increase:
* Cost based on benchmark disposal rate
** Difference between benchmark blended disposal rate per ton and actual 2002/2003 disposal cost
The following table identifies the disposal rate increase when applied by unit:
1
2002/2003
Tons per 12 mos
$/ton
Total
1
Eligible Refuse Disposal Adustment
16,332
$23.00
$375,636*
2
Actual Green Wastes Disposal
9035
$11.05
$ 99,837
3
Total (line 1 + line 2)�
`v' '°
$6.00
$475,331
4
Actual Disposal Cost
16,332
$24.94
$407,320
5
Actual Green Waste Disposal
9035
$11.05 1
$ 99,837
6
Total Actual Disposal Costs
�,
Pg�� ;
$507,157
7
Difference = Increased Disposal Costs
(line 6 minus line 3)
$ 31,684 **
* Cost based on benchmark disposal rate
** Difference between benchmark blended disposal rate per ton and actual 2002/2003 disposal cost
The following table identifies the disposal rate increase when applied by unit:
1
Available Disposal Rate Increase
$31,684
2
Total Billed Units
14,858
3
Annual Increase Per Unit
$2.13*
4
Monthly Increase Per Unit
$0.18**
* Total available disposal rate increase divided by the number of total billed units equals annual increase per unit
** Annual increase per unit divided by twelve (12) equals the monthly increase per unit
Current Rates and Proposed Rates with $0.18 per unit disposal increase
35 Gallon 64 Gallon 96 Gallon
Service Component
Current
Proposed
Current
Proposed
Current
Proposed
Refuse, Recycling & Green Waste
$11.89
$12.07
$14.96
$15.14
$18.03
$18.21
Additional Refuse Cart Surcharge
$4.00
$4.00
$6.00
$6.00
$8.00
$8.00
Senior Rate
$10.29
$10.62
$12.72
$12.90
$15.33
$15.51
2003/2004 Rate Adjustment Calculations
The total price increase requested for 2003/2004 is $122,950.00. The increase represents a
4.99% increase of our total billing of $2,465,158, or $8.27 annual per unit increase, and $0.69
monthly per unit increase.
Available Adjustment
Total
1
Proposed 2001/2002 Rate Increase
$13,534
2
Rate Increase with CPI
$76,754
3
Refuse Disposal Chane
$<2,668>
4
Green Waste Disposal Chane
$3,647
5
1 Increased Disposal Costs
$31,684
6
1 Total Requested Increase
$122,950.00
The total price increase requested for 2003/2004 is $122,950.00. The increase represents a
4.99% increase of our total billing of $2,465,158, or $8.27 annual per unit increase, and $0.69
monthly per unit increase.
City of Diamond Bar
RE: Rate increase 2003/2004
Revision 2
Page 5
The following table identifies the calculated increase:
1
Total 2003/2004 Requested Increase
$122,950.00
2
Number of Units Billed Annually (line 3 multiplied by 12)
178,296
3
Number of Units Billed Monthly
14,858
4
Annual Per Unit Increase (line 1 divided by line 3)
$8.27
5
Monthly Per Unit Increase (line 1 divided by line 2)
$0.69
The following table identifies the C.P.I. & disposal rate increase when applied by residential
unit:
Total Annual Monthly
1 Eligible C.P.I. Increase $91,267.00 $6.14 $0.51
2 Disposal Increase $31,684.00 $2.13 $0.18
3 Total Requested Increase (add line 1 and line 2) $122,950.00 $8.27 $0.69
Application of Net Rate Adjustment to Rate Structure
The following options are presented in passing through the approved increase. We can apportion
the total increase by applying a flat -fixed rate increase to each residence at $0.69 per unit per
month, or we can apportion costs to rates and additional refuse cart surcharges by 4.99%.
We suggest applying the increase by percentage of monthly rates and additional refuse cart
surcharges. We believe passing through increases to our customers in this manner provides the
most fair and consistent method. It supports Diamond Bar's "pay as you throw program" by
allowing customers that are committed to recycling, and have smaller refuse containers, to pay
less than customers with additional and/or larger refuse containers.
At the City's direction, the method to apportion the rate increase would result in a price increase
for the customer's monthly service as shown below:
Current Rates and Proposed Rates with $0.69 per unit increase
35 Gallon 64 Gallon 96 Gallon
Service Component
Current
Proposed
Current
Proposed
Current
Proposed
Refuse, Recycling & Green Waste
$11.89
$12.58
$14.96
$15.65
$18.03
$18.72
Additional Refuse Cart Surcharge
$4.00
$4.00
$6.00
$6.00
$8.00
$8.00
Senior Rate
$10.11
$10.80
$12.72
$13.41
$15.33
$16.02
Current Rates and Proposed Rates with 4.99% increase
35 Gallon 64 Gallon 96 Gallon
Service Component
Current
Proposed
Current
Proposed
Current
Proposed
Refuse, Recycling & Green Waste
$11.89
$12.48
$14.96
$15.71
$18.03
$18.93
Additional Refuse Cart Surcharge
$4.00
$4.20
$6.00
$6.30
$8.00
$8.40
Senior Rate
$10.11
$10.61
$12.72
$13.35
$15.33
$16.09
(Preferred method)
City of Diamond Bar
RE: Rate increase 2003/2004
Revision 2
Page 6
VARIANCE % vs. Unit Increase 35 Gallon Gallon 96 Gallon
Service Component
Current
Proposed
Current
Proposed
Current
Proposed
Refuse, Recycling & Green Waste
$11.89
$ (0.10)
$14.96
$ 0.06
$18.03
$0.21
Additional Refuse Cart Surcharge
$4.00
$ 0.20
$6.00
$ 0.30
$8.00
$ 0.40
Senior Rate
$10.11
$ (0.19)
$12.72
$ (0.06)
$15.33
$ 0.08
Notes: the above listed rates exclude City fees of $0.75 per month
Effective Date
The franchise agreement's Exhibit A states, "effective dates of new rates will be July ls` of each
calendar year". Diamond Bar residents are billed three months in advance for Waste
Management's service. The next schedule billing for the City will be mailed in July 2003, after
the provided effective date.
We propose that the July 2003 rate adjustment be included in the billing cycle for August,
September and November 2003. We are open to discuss suggestions/options you may have
which will result in making our rate adjustment whole.
Ancillary Surcharges
It is our opinion surcharges should not be effected by rate increases, at this time. We
recommend the ancillary surcharges remain the same as shown in the table below. We feel this
is better since it will keep surcharges consistent over time, making understanding of the system
easier for residents.
Surcharges
Current
Additional Green Waste Cart Surcharge in Excess of Two
$2.00
Additional Recycling Cart in Excess of Two
$1.25
Backyard Service Surcharge
$15.00
Yard Waste Reduction Discount
-$2.84
Household Hazardous Waste Collection Fee
$10.00
Automated Cart Exchange (switch to large size only)
$15.00
Replacement of lost or damage container
$50.00
Bulky Item Collection (in excess of four times per year and 3 cubicyards)
$25.00
City of Diamond Bar
RE: Rate increase 2003/2004
Revision 2
Page 7
The City of Diamond Bar is important to Waste Management San Gabriel/Pomona Valley; we
truly value our relationship with your award-winning City. We are committed to providing
many years of excellent service. Thank you for your continued support.
Y,
Carolyn J. ,�derson
Revresenteti've to Diamond Bar
Waste Management San Gabriel/Pomona Valley
Attachments
Cc: David Liu, City of Diamond Bar
Sharon Gomez, City of Diamond Bar
Michael Huls, Huls Environmental
Rick DePaiva, Waste Management San Gabriel/Pomona Valley
Ray Andersen, Waste Management Los Angeles Market Area
I
TO:
Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager,
TITLE: Approve Waste Management Rate Adjustment for CPI, Disposal, and Extraordinary
Costs and Amend Rate Adjustment Methodology
RECOMMENDATION:
Approve the rate adjustment request and amend methodology.
FINANCIAL IMPACT:
There is no financial impact to the City of Diamond. The proposed rate adjustment will be paid for by
Waste Management customers (barrel users). The increase ranges from $0.59 to $0.90 with the 35 -
gallon barrel having the lowest increase. The City has audited the calculations and justification
provided, and compared the adjusted rates to the Los Angeles County average for residential rates of
major haulers. The calculations have been performed in accordance with the approved contract and
the adjusted rates are reasonable.
BACKGROUND:
In August 2000, the City Council awarded an exclusive contract to Waste Management to collect
refuse and recyclables in the residential sector. The contract stipulates Waste Management can
adjust rates to account for: (1) a cost of living Consumer Price Index (CPI) adjustment on the non -
disposal portion of the rate, (2) an increase for that portion of the rate which is impacted by the
aggregated dumping fees, and (3) other extraordinary costs. (See Attachment A, Rate Adjustment
Methodology for Waste Management.)
DISCUSSION:
RATE ADJUSTMENT
(1) For the service (non -dumping fee) component of the monthly barrel rate, Waste Management has
requested a CPI adjustment of 3.92% for the year April 1, 2002 through March 31, 2003. (2) They
have provided information justifying their request for an adjustment for disposal costs. This increase
results from increased use of the transfer station due to early closure at Puente Hills Landfill. The
Agenda # 8.3
Meeting Date: June 17, 2003
adjustment is applied only to the monthly rates, not to surcharges. (3) There is no request for
extraordinary cost increase.
With a 4.99% increase request, Waste Management apportioned the cost to the relative size of the
container. This will meet the intent of our "Pay -As -You -Throw Program"/variable rate structure.
Further, these adjustments will allow residents that are committed to recycling, and have smaller
refuse containers, to pay less than customers with additional and/or larger refuse containers. No
surcharges or other costs are adjusted so as to keep the system as simple as possible. The new
residential monthly rates and surcharges are provided in Attachment B. As an easy comparison, the
current rates and the proposed rates are presented in the table shown below.
Current Rates and Proposed Rates with 4.99% increase
35 Gallon
64 Gallon
96 Gallon
Service Current Proposed Current Proposed Current Proposed
Component
Refuse, Recycling $11.89 $12.48 $14.96 $15.71 $18.03 $18.93
& Green Waste
Additional Refuse $4.00 $4.20 $6.00 $6.30 $8.00 $8.40
Cart
Senior Rate $10.11 $10.61 $12.72 $13.35 $15.33 $16.09
Notes: the above listed rates exclude City fees of $0.75 per month
Comparative Rate Analysis for Diamond Bar
A comparative analysis was performed by Huls Environmental, the City's consultant, of the proposed
residential rate of Waste Management with a selection of rates currently charged in Los Angeles
County. Selection of a countywide average of rates was used so as to correct for programmatic
differences and other variations among the cities. Results are provided in the table found on the
following page.
It should be noted that the basis for comparison is predicated on the median container offered by
Waste Management, i.e., the 64 -gallon automated can, to allow as accurate a comparison as
possible with other communities that offer a range of container sizes and collection schemes.
Additionally, it is acknowledged that Diamond Bar's solid waste and recycling program is more
comprehensive and stringent than most of the communities surveyed, inasmuch as the City requires
automated collection using variable rates and limited volume.
Also, surrounding cities' rates are shown in the same table, but are for illustrative purposes only since
the specific programs offered by the surrounding cities may vary greatly from Diamond Bar's
program. All rates identified exclude any city fees.
2
RESIDENTIAL (BARREL) RATES
Surrounding Cities Rates Minus
Average rates for Los Angeles County (current fiscal year)
City Fees
Based on 64 -gallon container*
for major haulers (excluding city fees) for base container:
firm avg rate cities rate x cities City Rate
Valley Vista $15.05 01 15.05 La Puente $15.05
CalMet $12.63 07 88.39 Walnut $16.00
Waste Mgmt $12.73 20 254.56 San Dimas $14.37
Republic $12.39 12 148.73 La Verne $16.14
BFI $12.01 05 60.07 Pomona $21.64
Athens $16.16 08 129.28 Claremont $21.70
Totals 53 696.18 * Walnut is based on 96 gal can
Average Rate $13.13 $17.48
Waste Management Proposed Rate $15.71 $15.71
As can be seen from the comparative rate analysis, Waste Management's proposed rate for the
median can service is above the countywide norm but within a competitive range, and below the
average for surrounding cities.
DISCUSSION:
CONTRACT AMENDMENT/RATE ADJUSTMENT METHODOLOY
During the review process, it became apparent and necessary to clarify the methodology used to
calculate rate adjustments. The clarification makes a definitive separation between Service Costs
and Disposal Costs. Service Costs are defined as all non -disposal costs for performing trash hauling
services. The Disposal Costs reflects tipping fees and any assessments directly related to the
disposal of trash.
Service costs will be adjusted by the percentage of change in the CPI for the 12 months ended the
previous March 31st based on the Los Angeles/Orange/Riverside Area Index. The CPI percentage
will be applied solely to the non -disposal portion of the rate and will not apply to the disposal portion
of the rate structure.
Disposal costs will be adjusted based on the previous 12 months ended the previous March 31St. The
net change in disposal costs will be based on the percentage difference between the previous 12 -
month period and the current 12 -month period. Disposal adjustments will be limited to annual
changes in disposal gate rates, government mandated fees, and taxes.
3
These suggested changes/modifications are reflected in Attachment A. A copy of the amendment
has been forwarded to Waste Management, and they have concurred with the changes.
PREPARED BY:
J. Michael Huls, REA, Integrated Environmental Services Coordinator
Sharon Gomez, Management Analyst
REVIEWED BY:
av G , Director of Public Works JinMeStefano,\Depi ty City Manager
Attachments:
A Exhibit A from the Agreements (Rate Adjustment Methodology for Waste Management)
B Rate Schedule for Residential Accounts
C Rate adjustment request from Waste Management
4
Attachment A
Exhibit "A" Rate Adjustment Methodology for Waste Management
Definition For Service:
The normal rates shall include a Service Portion and a Disposal Portion. The Disposal Portion
reflects tipping fees and any assessments directly related to disposal of trash. The Service
Portion of the rate shall be all other non -disposal costs of business.
CPI Rate Adjustment
Subject to the approval of the City Manager, the fees identified in Exhibit "A" will be adjusted on
July V t of each year beginning July 1, 2002 by the percentage change in the Consumer Price
Index (CPI) for the 12 months ended the previous March 31st based on the Los Angeles/
Anaheim/Riverside Area Index. The CPI index will be applied solely to the non -disposal portion
of the rate. The CPI index will not apply to the disposal portion of the rate structure.
Disposal Rate Adjustment
Fees found in Exhibit "A" reflect a $23.00 per ton blended disposal rate. In conjunction with the
annual CPI rate adjustment schedule and procedure, the Contractor will submit all necessary
documentation requested by the City Manager to establish the net change in annual disposal
costs for the previous 12 months ended the previous March 31St. This net change in disposal
costs will be divided by the RUFnbeF Of Fesidential Gustemers and added or subtraGted 40M the
Customer S ,ice Rate Adjustment Request apportioned to the rates based on the portion of
the rate attributed to disposal costs. Disposal adjustments will be limited to annual changes in
disposal gate rates, government mandated fees, and taxes. No disposal facilities will be utilized
by the Contractor without a 30 -day prior written consent of the City Manager. The disposal rate
will be adjusted by resolution of the City Council on or before July 1St of each year beginning
July 1, 2002 in accordance with the changes recommended by the City Manager.
Extraordinary Rate Adjustment
In addition to the above, the Contractor may request in writing an increase in the service
charges above the CPI and disposal costs based upon extraordinary circumstances limited to
the following: transportation, processing, government mandated fees and taxes, and other costs
as documented and agreed to by the City Manager. The Contractor's request will be submitted
in conjunction with the annual CPI rate adjustment, and will be added to any CPI and disposal
rate adjustment. The rate will be adjusted for extraordinary circumstances by resolution of the
City Council on or before July 1St of each year beginning July 2, 2002 in accordance with the
changes recommended by the City Manager.
Rate Adjustment Schedule
All requests for rate adjustments shall be submitted by the Contractor by or before April 20th of
each year beginning with April 20, 2002. The City must respond to the request in writing by May
20th or 30 days after receipt of the request. The City Manager will approve the CPI rate
adjustment; however, Council will consider the City Manager's recommendations for disposal
rate and extraordinary rate adjustments, and vote by resolution on or before July 1St of each
calendar year, beginning in the year 2002. Effective dates of new rates will be July 1 St of each
calendar year.
Attachment B
Exhibit "A"
Residential Rates (all rates are monthly unless otherwise specified)
July 1, 2003
4.99% increase
Basic Rates
Service Component' 35 Gallon 64 Gallon 96 Gallon
Refuse, Recycling & Green Waste $12.48 $15.71 $18.93
Refuse, Recycling & Green Waste with City Fees 13.23 16.46 19.68
Senior Rate 10.61 13.35 16.09
Senior Rate with City Fees 11.36 14.10 16.84
Additional Refuse Cart 4.20 6.30 8.40
Surcharges (apply to every service type)
Additional Green Waste Cart Surcharge in Excess of Two $2.00
Additional Recycling Cart in Excess of Two $1.25
Backyard Service Surcharge $15.00
Yard Waste Reduction Discount -$2.84
Household Hazardous Waste Collection Fee $10.00
Automated Cart Exchange (switch to larger one) $15.00
Replacement of lost or damaged cart $50.00
Bulky Item Collection (in excess of four (4) times per year
$25.00
and three (3) cubic yards)
Service:
Service normally consists of a set of three automated carts. Rates are
based on a resident receiving and using one (1) variable capacity refuse
cart, one (1) 64 -gallon recycling cart and one (1) 64 -gallon green waste
cart. Residents are eligible to receive one (1) additional green waste
and/or recycling cart at no additional charge. There is a slight charge as
noted above for additional recycling and green waste carts in excess of
two (2). Please note that by City Ordinance, discounts are limited to no
more than 30% cumulative. Eligible residents must provide qualifying
proof pursuant to the City Code.
Composting: Residents are eligible to participate in the home composting and grass
cycling program. Participation makes residents eligible to receive the
green waste discount. Participation includes attending a City sponsored
home compost seminar (four (4) scheduled each year), receipt and
operations of a home composting bin, and return of the green waste cart
to Waste Management. To remain eligible, no recyclable or compostable
green wastes (excluding palm fronds, wood, or other green wastes not
accepted by the green waste program) can be disposed in the refuse
container. To attend a workshop, call (909) 396.5671.
1
City Fees: Currently set at $0.75 per month. This fee should be added to the
Refuse, Recycling and Green Waste Rates for 35 gallon, 64 gallon and
96 gallon capacities to determine effective rates.
Bulky Items: Residents can request bulky item pickup by calling 909.599.1274, at
least 24 hours before the requested pickup. Bulky items will be picked
up on your regular collection day. Each household is eligible to receive
four (4) free bulky item pickups per year at no extra chare, so long as the
bulky items set out do not exceed three (3) cubic yards. Due to state
law, many electronic devises are considered hazardous waste such as
computer monitors, CPU's, televisions, and stereos. These items are no
longer eligible for bulky item collection. Please call 909.599.1274 for
instructions on their proper disposal.
Changes: Rates are subject to annual adjustments based on the Los Angeles -Long
Beach Consumer Price Index (CPI), disposal fees, and extraordinary
circumstances. All adjustments are normally effective July 1 of each
calendar year unless otherwise stipulated.
HHW: Residents are eligible to have their household hazardous wastes
collected by our door-to-door collection service. The co -payment
required by the resident is $10 while the City and grant funds make up
the difference of $77 per stop. Call the HHW Hotline at 1-800-HHW-
PKUP to schedule collection at a time and date of your convenience. In
addition, if you have hypodermic needles (Sharps) to dispose, call the
hot line to receive a Sharps kit. There may be a small charge.
Nonresidential Rates
Waste Management is eligible to provide temporary bin service to single family residents who
are doing yard work, roofing, and small construction or renovation projects. Rates for such
service are in conformance with Valley Vista Services, and are incorporated by reference.
2
Attachment C
WASTE MANAGEMENT
June 12, 2003
Linda C. Lowry, City Manager
City of Diamond Bar
21825 E. Copley Drive
Diamond Bar, CA 91765
RE: Rate Increase for Fiscal Year 2003/2004
Revision 2
Dear Mrs. Lowry:
SAN GABRIEL / POMONA VALLEY
13940 East Live Oak Avenue
Baldwin Park, CA 91706
(626)960-7551
(626) 814-1955 Fax
Waste Management San Gabriel/Pomona Valley (Waste Management) is proud of its partnership
with the City of Diamond Bar. Working together we have accomplished the most comprehensive
environmental program in the San Gabriel Valley and beyond. The multi -service approach taken
by the City includes its award winning fully automated "Pay As You Throw" (PAYT) curbside
collection program, door-to-door HHW and electronic waste program, "Smart Gardener"
composting workshops, and mail -in medical Sharps program.
Diamond Bar's residents continue to demonstrate their understanding and commitment to
recycling. Proof is the steadily improved residential refuse diversion, which translated to 52%
diversion for Diamond Bar's reported year 2001.
Looking back at the beginning of our PAYT implementation, we have come a long way. Change
is often difficult, and we had a few bumps in the road. A journey Waste Management and
Diamond Bar's elected leadership, residents, City's staff and environmental consultant, traveled
together, setting the pace for other municipalities to emulate. Congratulations are earned by all.
It suffices to say our work is not complete. Excellence is our goal. Service can always improve,
diversion can always be higher, new programs await discovery and implementation. Waste
Management stands a ready partner to share a continued journey with the City of Diamond Bar.
As with all things ... there is a price, per the franchise agreement Waste Management requests its
annual rate review. Waste Management has not received a price increase since November 1,
2000. After many discussions and meetings with the City's consultant and staff, we resolved the
methodology by which our annual price increase is calculated and presented. The resulting
methodology recognizes the benchmark measurements as those used to calculate the current
rates. This formula was submitted within Waste Management's winning RFP response entitled,
"Single Family Residential services assumptions/facts".
City of Diamond Bar
RE: Rate increase 2003/2004
Revision 2
Page 2
We present the following rate review for your favorable consideration and approval. Our request
addresses two rate adjustment methodology components as described on Exhibit "A" of the
franchise agreement: CPI rate adjustment and Disposal rate adjustment.
Disposal Tonnage and Cost
Disposal Cost Modification - We have provided our calculations in the following table to
identify the net disposal tonnage and tipping fees. This table correctly identifies the disposal
costs and resultant net cost/benefit, which would be applied to any rate increase request. Our
calculations show that the City should receive a net benefit of $979.00. This benefit is
indicative of the fine effort of the residents who participated in the new recycling program
implemented in 2000.
Year Tons per 12 mos $/ton Total $
1 2001-2002* 16,448 refuse $23.00 $378,304
2 8,705 green wastes $11.05 $96,190
3 Total 2001-2002 $474,494.00
4 2002-2003* 16,332 refuse $23.00 $375,636
5 9035 green wastes $11.05 $99,837
6 Total 2002-2003 $475,473.00
7 Difference + (line 6 minus line 3) <$979>
* Year is represented by April 1" through March 30" as dictated by the Agreement.
+ Difference between 2001-2002 year and 2002-2003 is the avoided disposal cost Waste Management realized as a savings due to
the reduction
in disposal tonnage.
CPI -Related Rate Modification
To determine the amount of the allowable CPI -modified rate increase, we have taken the total
billed charges and subtracted the disposal costs to identify the collection -related costs by which
we multiply CPI against. This calculation correctly yields the potential CPI -related rate
adjustment for the year April 1, 2002 through March 31, 2003:
1 Total Billed Charges * $2,465,158
2 Actual Disposal Costs ** $507,157
3 Net Collection Costs $1,958,001
4 CPI modification factor**** 3.92%
5 Multiply line 3 by line 4 to identify net CPI increase $76,754
* Net of AB939 fees
** Difference between above table represents actual/extraordinary incurred disposal costs
*** The Los Angeles, Riverside, Orange County CPI index change from March 2002
(181.1) to March 2003 (188.2) is 7.1 index, divided by 181.1 equals a 3.92% increase
Net Rate Adjustment
To determine the net rate adjustment, we add disposal cost increase/decrease to the CPI -related
collection cost increase.
City of Diamond Bar
RE: Rate increase 2003/2004
Revision 2
Page 3
The total C.P.I. increase requested for 2003/2004 is $91,267. The increase represents $6.14
annual per unit increase and $0.51 monthly per unit increase.
The following table identifies the calculated rate increase:
1 Rate Increase with CPI $76,754
2 Refuse Disposal Change 2002/2003 $<2,668>
3 Green Waste Disposal Change 2002/2003 $3,647
4 Proposed 2001/2002 Rate Increase $13,534**
5 Available Rate Increase $91,267*
**
Excludes extraordinary costs
Our proposed net rate adjustment that would have been applied last July - August 2002 if Waste Management had been able to
adequately address your questions last year.
The following table identifies the C.P.I. rate increase when aDDlied by unit:
1 Available C.P.I. Rate Increase $91,267.00
2 Total Billed Units 14,858
3 Annual Increase Per Unit $6.14*
4 Monthly Increase Per Unit $0.51**
*
**
Total available C.P.I. rate increase divided by the number of total billed units equals annual increase per unit
Annual increase per unit divided by twelve (12) equals the monthly increase per unit
Current Rates and Proposed Rates with $0.51 per unit increase
35 Gallon
64 Gallon
96 Gallon
Service Component Current Proposed Current Proposed Current Proposed
Refuse, Recycling & Green Waste $11.89 $12.40 $14.96 $15.47 $18.03 $18.54
Additional Refuse Cart Surcharge $4.00 $4.00 $6.00 $6.00 $8.00 $8.00
Senior Rate $10.11 $10.62 $12.72 $13.23 $15.33 $15.84
Disposal Rate Adjustment
As you know available landfill space is shrinking. The fact of diminished available landfill
space causes a substantial challenge for the future, and in fact we are experiencing the challenges
now. Although the gate rate fee associated with using Puente Hills Landfill has not changed
significantly for some time, early closure of the landfill requires use of a Materials Recycling
Facility (MFR) or Transfer Station, which adds costs. Attached are charts representing actual
closing times at Puente Hills Landfill compared month to month for the years 2001, 2002, and to
March 31, 2003. These charts dramatically illustrate the daily changing landfill closure times.
After viewing them one can easily understand the difficulty in managing the disposal of refuse.
At the encouragement of the City we have established a relationship with Grand Central Transfer
Station and use this facility whenever refuse is not available for Puente Hills Landfill. The
necessity of using transfer stations to facilitate refuse disposal creates increased service costs and
clearly qualifies for rate adjustment under Exhibit A of the franchise contract.
City of Diamond Bar
RE: Rate increase 2003/2004
Revision 2
Page 4
The following table identifies the calculated rate increase:
2002/2003 Tons per 12 mos $/ton Total
1 Eligible Refuse Disposal Adustment 16,332 $23.00 $375,636*
2 Actual Green Wastes Disposal 9035 $11.05 $ 99,837
3 Total (line 1 + line 2) $475,331
4 Actual Disposal Cost 16,332 $24.94 $407,320
5 Actual Green Waste Disposal 9035 $11.05 $ 99,837
6 Total Actual Disposal Costs $507,157
7 Difference = Increased Disposal Costs (line 6 minus line 3) $ 31,684 **
* Cost based on benchmark disposal rate
** Difference between benchmark blended disposal rate per ton and actual 2002/2003 disposal cost
The following table identifies the disposal rate increase when annlied by unit:
1 Available Disposal Rate Increase $31,684
2 Total Billed Units 14,858
3 Annual Increase Per Unit $2.13*
4 Monthly Increase Per Unit $0.18**
* Total available disposal rate increase divided by the number of total billed units equals annual increase per unit
** Annual increase per unit divided by twelve (12) equals the monthly increase per unit
Current Rates and Proposed Rates with $0.18 per unit disposal increase
35 Gallon
64 Gallon
96 Gallon
Service Component Current Proposed Current Proposed Current Proposed
Refuse, Recycling & Green Waste $11.89 $12.07 $14.96 $15.14 $18.03 $18.21
Additional Refuse Cart Surcharge $4.00 $4.00 $6.00 $6.00 $8.00 $8.00
Senior Rate $10.29 $10.62 $12.72 $12.90 $15.33 $15.51
2003/2004 Rate Adjustment Calculations
Available Adjustment Total
1 Proposed 2001/2002 Rate Increase $13,534
2 Rate Increase with CPI $76,754
3 Refuse Disposal Change $<2,668>
4 Green Waste Disposal Change $3,647
5 Increased Disposal Costs $31,684
6 Total Requested Increase $122,950.00
The total price increase requested for 2003/2004 is $122,950.00. The increase represents a
4.99% increase of our total billing of $2,465,158, or $8.27 annual per unit increase, and $0.69
monthly per unit increase.
City of Diamond Bar
RE: Rate increase 2003/2004
Revision 2
Page 5
The following table identifies the calculated increase:
1 Total 2003/2004 Requested Increase $122,950.00
2 Number of Units Billed Annually (line 3 multiplied by 12) 178,296
3 Number of Units Billed Monthly 14,858
4 Annual Per Unit Increase (line 1 divided by line 3) $8.27
5 Monthly Per Unit Increase (line 1 divided by line 2) $0.69
The following table identifies the C.P.I. & disposal rate increase when applied by residential
unit:
Total
Annual
Monthl
1 Eligible C.P.I. Increase $91,267.00 $6.14 $0.51
2 Disposal Increase $31,684.00 $2.13 $0.18
3 Total Requested Increase (add line 1 and line 2) $122,950.00 $8.27 $0.69
Application of Net Rate Adjustment to Rate Structure
The following options are presented in passing through the approved increase. We can apportion
the total increase by applying a flat -fixed rate increase to each residence at $0.69 per unit per
month, or we can apportion costs to rates and additional refuse cart surcharges by 4.99%.
We suggest applying the increase by percentage of monthly rates and additional refuse cart
surcharges. We believe passing through increases to our customers in this manner provides the
most fair and consistent method. It supports Diamond Bar's "pay as you throw program" by
allowing customers that are committed to recycling, and have smaller refuse containers, to pay
less than customers with additional and/or larger refuse containers.
At the City's direction, the method to apportion the rate increase would result in a price increase
for the customer's monthly service as shown below:
Current Rates and Proposed Rates with $0.69 per unit increase
35 Gallon 64 Gallon
96 Gallon
Service Component Current Proposed Current Proposed Current Proposed
Refuse, Recycling & Green Waste $11.89 $12.58 $14.96 $15.65 $18.03 $18.72
Additional Refuse Cart Surcharge $4.00 $4.00 $6.00 $6.00 $8.00 $8.00
Senior Rate $10.11 $10.80 $12.72 $13.41 $15.33 $16.02
Current Rates and Proposed Rates with 4.99% increase
35 Gallon 64 Gallon
96 Gallon
Service Component Current Proposed Current Proposed Current Proposed
Refuse, Recycling & Green Waste $11.89 $12.48 $14.96 $15.71 $18.03 $18.93
Additional Refuse Cart Surcharge $4.00 $4.20 $6.00 $6.30 $8.00 $8.40
Senior Rate $10.11 $10.61 $12.72 $13.35 $15.33 $16.09
(Preferred method)
City of Diamond Bar
RE: Rate increase 2003/2004
Revision 2
Page 6
VARIANCE % vs. Unit Increase 35 Gallon
Gallon
96 Gallon
Service Component Current Proposed Current Proposed Current Proposed
Refuse, Recycling & Green Waste $11.89 $ (0.10) $14.96 $ 0.06 $18.03 $0.21
Additional Refuse Cart Surcharge $4.00 $ 0.20 $6.00 $ 0.30 $8.00 $ 0.40
Senior Rate $10.11 $ (0.19) $12.72 $ (0.06) $15.33 $ 0.08
Notes: the above listed rates exclude City fees of $0.75 per month
Effective Date
The franchise agreement's Exhibit A states, "effective dates of new rates will be July 1s' of each
calendar year". Diamond Bar residents are billed three months in advance for Waste
Management's service. The next schedule billing for the City will be mailed in July 2003, after
the provided effective date.
We propose that the July 2003 rate adjustment be included in the billing cycle for August,
September and November 2003. We are open to discuss suggestions/options you may have
which will result in making our rate adjustment whole.
Ancillary Surcharges
It is our opinion surcharges should not be effected by rate increases, at this time. We
recommend the ancillary surcharges remain the same as shown in the table below. We feel this
is better since it will keep surcharges consistent over time, making understanding of the system
easier for residents.
Surcharges Current
Additional Green Waste Cart Surcharge in Excess of Two $2.00
Additional Recycling Cart in Excess of Two $1.25
Backyard Service Surcharge $15.00
Yard Waste Reduction Discount -$2.84
Household Hazardous Waste Collection Fee $10.00
Automated Cart Exchange (switch to large size only) $15.00
Replacement of lost or damage container $50.00
Bulky Item Collection (in excess of four times per year and 3 cubic yards) $25.00
City of Diamond Bar
RE: Rate increase 2003/2004
Revision 2
Page 7
The City of Diamond Bar is important to Waste Management San Gabriel/Pomona Valley; we
truly value our relationship with your award-winning City. We are committed to providing
many years of excellent service. Thank you for your continued support.
Carolyn J. ,A derson
Representi
ve to Diamond Bar
Waste Management San Gabriel/Pomona Valley
Attachments
Cc: David Liu, City of Diamond Bar
Sharon Gomez, City of Diamond Bar
Michael Huls, Huls Environmental
Rick DePaiva, Waste Management San Gabriel/Pomona Valley
Ray Andersen, Waste Management Los Angeles Market Area
Agenda # 8.4
Meeting Date: 6/17/03
CITY COUNCIL `��' AGENDA REPORT
TO: Honorable Mayor and Members. the the City Council
VIA: Linda C. Lowry, City Manag SCA �)
TITLE: Review of Staff Process to Resolve Street-Tree/Sidewalk Conflicts in the Public Right -Of
Way.
RECOMMENDATION: Review proposed policies and direct staff to prepare an appropriate
resolution for City Council adoption.
FINANCIAL IMPACT: The cost to implement the policy would depend on the elements included in
the policy. The current process is fiscally conservative and includes the
following costs:
Tree and Stump Removal: $149.10 per tree and stump
Raised Sidewalk Grinding: $35.10 per location
Asphalt Ramping: $35.10 per location
Sidewalk Removal and Replacement: $12.99 per sq. ft.
Tree Replacement: $255 for 24" box w/root barrier and water tubes
The average annual expenditure has been approximately $96,500
BACKGROUND: City staff has developed many processes over the years that are used daily to
implement the programs approved by the City Council. Resolving street
tree/sidewalk conflicts is one of these processes. Although staff has used the same
process to resolve street-tree/sidewalk conflicts for at least the past eleven years,
the process has never been formally approved by the City Council. This agenda
item gives the City Council the opportunity to review staff's present method of
operation, discuss options used by other cities, and to concur with staffs process, to
direct staff to provide additional information or to revise the methods utilized.
DISCUSSION: Staff has taken a fiscally conservative approach to street-tree/sidewalk conflicts that
attempts to balance the need to maintain the aesthetics of the neighborhood while
limiting the City's liability exposure. This approach is described as follows:
Staff reviews location and communicates with resident at adjacent home to provide
options. Options include:
a. Grind down raised section of sidewalk to eliminate tripping hazard. Tree is
saved. — Cost is $35.10 per location.
b. If raised section of sidewalk has been ground down up to two inches
previously, offer to eliminate the tripping hazard by placing an asphalt ramp
to the raised section. Tree is saved. — Cost is $35.10 per location.
c. Remove and replace the sidewalk. If this option is selected, the tree must be
removed to avoid future potential damage to the sidewalk. Staff then works
with the resident to select a replacement tree. When the new tree is planted,
a root barrier is placed between the tree and the hardscape. Approximate
cost is a minimum of $665 up to over $1,000, depending on how much
concrete is involved ($260 per five-foot length by four -foot width).
Other cities in Southern California use a variety of other options to deal with
street-tree/sidewalk conflicts. The primary purpose of these options is to attempt
to save the tree involved. Each of the options listed below have its own
cost/liability issues that would require additional research if they were to be
considered for Diamond Bar, however, these are presented for City Council
discussion and consideration:
1. When the sidewalk is removed and replaced, do not remove the tree. Some
cities cut the offending roots and then replace the sidewalk. This practice
could increase the city's liability if it can be proved that a tree fell and caused
damage because the city had some of the trees roots removed.
2. To save the tree, some cities narrow the sidewalk adjacent to the tree to as
little as 36" wide (from the standard 48" to 60" wide) to provide more space
for the tree. Narrowing of the sidewalks adjacent to trees would impact the
aesthetics of the neighborhood. It is not known, at this time, what liability
issues could result.
3. Another option is to replace a sidewalk by going around the offending roots
and onto the resident's property. This will require the city to obtain an
easement from the property owner to place the sidewalk on his property.
4. Some cities will save the tree by creating a ramp over the offending roots,
while remaining within the public right-of-way. The ramp must be constructed
in a manner not to create a large drop-off from the sidewalk to the adjacent
property, and must maintain wheel chair accessibility. Because of the need
for survey work and additional ramping materials, this option could be quite
expensive.
5. Other cities are experimenting with alternative sidewalk materials, such as
rubber, so that offending roots can be left in place and the sidewalk will flex
instead of rise or crack. Since this is a new process, liability issues are still
somewhat unknown. The cost for rubber sidewalks is a little more expensive
than concrete.
REVIEWED Y:
0 ose
Director of Community Services
i1
James DeStelano
Deputy City M nager
Agenda # 8.4
Meeting Date: 6/17/03
TO:
Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manag
TITLE: Review of Staff Process to Resolve Street-Tree/Sidewalk Conflicts in the Public Right -Of
Way.
RECOMMENDATION: Review proposed policies and direct staff to prepare an appropriate
resolution for City Council adoption.
FINANCIAL IMPACT: The cost to implement the policy would depend on the elements included in
the policy. The current process is fiscally conservative and includes the
following costs:
Tree and Stump Removal: $149.10 per tree and stump
Raised Sidewalk Grinding: $35.10 per location
Asphalt Ramping: $35.10 per location
Sidewalk Removal and Replacement: $12.99 per sq. ft.
Tree Replacement: $255 for 24" box w/root barrier and water tubes
The average annual expenditure has been approximately $96,500
BACKGROUND: City staff has developed many processes over the years that are used daily to
implement the programs approved by the City Council. Resolving street
tree/sidewalk conflicts is one of these processes. Although staff has used the same
process to resolve street-tree/sidewalk conflicts for at least the past eleven years,
the process has never been formally approved by the City Council. This agenda
item gives the City Council the opportunity to review staffs present method of
operation, discuss options used by other cities, and to concur with staff's process, to
direct staff to provide additional information or to revise the methods utilized.
DISCUSSION: Staff has taken a fiscally conservative approach to street-tree/sidewalk conflicts that
attempts to balance the need to maintain the aesthetics of the neighborhood while
limiting the City's liability exposure. This approach is described as follows:
Staff reviews location and communicates with resident at adjacent home to provide
options. Options include:
a. Grind down raised section of sidewalk to eliminate tripping hazard. Tree is
saved. - Cost is $35.10 per location.
b. If raised section of sidewalk has been ground down up to two inches
previously, offer to eliminate the tripping hazard by placing an asphalt ramp
to the raised section. Tree is saved. - Cost is $35.10 per location.
c. Remove and replace the sidewalk. If this option is selected, the tree must be
removed to avoid future potential damage to the sidewalk. Staff then works
with the resident to select a replacement tree. When the new tree is planted,
a root barrier is placed between the tree and the hardscape. Approximate
cost is a minimum of $665 up to over $1,000, depending on how much
concrete is involved ($260 per five-foot length by four -foot width).
Other cities in Southern California use a variety of other options to deal with
street-tree/sidewalk conflicts. The primary purpose of these options is to attempt
to save the tree involved. Each of the options listed below have its own
cost/liability issues that would require additional research if they were to be
considered for Diamond Bar, however, these are presented for City Council
discussion and consideration:
1. When the sidewalk is removed and replaced, do not remove the tree. Some
cities cut the offending roots and then replace the sidewalk. This practice
could increase the city's liability if it can be proved that a tree fell and caused
damage because the city had some of the trees roots removed.
2. To save the tree, some cities narrow the sidewalk adjacent to the tree to as
little as 36" wide (from the standard 48" to 60" wide) to provide more space
for the tree. Narrowing of the sidewalks adjacent to trees would impact the
aesthetics of the neighborhood. It is not known, at this time, what liability
issues could result.
3. Another option is to replace a sidewalk by going around the offending roots
and onto the resident's property. This will require the city to obtain an
easement from the property owner to place the sidewalk on his property.
4. Some cities will save the tree by creating a ramp over the offending roots,
while remaining within the public right-of-way. The ramp must be constructed
in a manner not to create a large drop-off from the sidewalk to the adjacent
property, and must maintain wheel chair accessibility. Because of the need
for survey work and additional ramping materials, this option could be quite
expensive.
5. Other cities are experimenting with alternative sidewalk materials, such as
rubber, so that offending roots can be left in place and the sidewalk will flex
instead of rise or crack. Since this is a new process, liability issues are still
somewhat unknown. The cost for rubber sidewalks is a little more expensive
than concrete.
ose James DeSte ano
Director of Community Services Deputy City Mbnager
Agenda # 8.5
Meeting Date: 06/17/03
CITY COUNCIL AGENDA REPORT
TO: Honorable Mayor and Members Rf the City Council
VIA: Linda C. Lowry, City Manager
��"J
TITLE: APPOINTMENT OF ONE MEMBER OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR TO SERVE ON THE YOUTH MASTER PLAN STEERING
COMMITTEE.
RECOMMENDATION: Appoint one City Council Member to serve on the Youth Master
Plan Steering Committee and direct staff to begin the recruitment of additional committee
members.
FINANCIAL IMPACT: None.
BACKGROUND: At the regular City Council meeting of June 3, 2003, the City Council
voted to appoint one member of the City Council and directed the Parks and Recreation
Commission to appoint one member of the Parks and Recreation Commission to the Youth
Master Plan Steering Committee.
DISCUSSION: The Youth Master Plan Steering Committee will provide a continuing
committee to represent the data base of information, as well as analyze needs and
opportunities, achieve collective understanding about the community's existing youth needs
and services, and achieve consensus around a community -wide Youth Master Plan. The
Steering Committee should be comprised of no less than twelve (12) and no more than
twenty (20) stakeholders from the Diamond Bar community.
The Steering Committee will be tasked with developing a community -wide "Vision Statement"
for Diamond Bar youth and families and a comprehensive set of "Guiding Principles" for the
Youth Master Plan, in order to establish a foundation for the work of the committee.
The Youth Master Plan will be most successful when the Steering Committee members
represent the expertise of those agencies, organizations, and individuals that best represent
youth and family needs. The Steering Committee should reflect a broad cross-section of the
community. Emphasis should be placed on selecting members who could represent multiple
constituencies within the community (i.e. a parent who is also a health professional),
including parents, youth, coaches, youth service providers, elected officials, City and School
District administrators, community volunteers, agency representatives, faith -based
organization representatives, health professionals, and law enforcement personnel.
Knowledge and expertise in youth development and support to create strong families from
the membership of the Steering Committee will drive the efforts of the process to ensure a
comprehensive Youth Master Plan that will serve the greater good of the Diamond Bar
community.
The following represents desirable attributes for Steering Committee members. It is
important for potential members to have a minimum of four (4) of these attributes:
1. Interested in and cares for the youth of Diamond Bar; could represent multiple
constituencies.
2. Has a working knowledge of the concepts of youth development.
3. Knows the Diamond Bar community very well.
4. Time and commitment to serve on the Steering Committee, including attendance at
all Steering Committee meetings, Stakeholder Group meetings, and participating in
specific tasks as they are identified through the process.
5. Has the ability to work in a committee setting to develop consensus on issues and
opportunities as they occur.
6. Actively seeks out and represents the broadest needs and concerns of the youth of
Diamond Bar.
The following represents a list of community stakeholders, who are being asked to serve on
the Youth Master Plan Steering Committee:
City Council Member
Parks and Recreation Commission Member
Youth (1 from Diamond Ranch High School, 1 from Diamond Bar High School)
Pomona Unified School District Superintendent
Walnut Valley Unified School District Superintendent
Private School Administrator
Pomona Unified School District Board Member
Walnut Valley Unified School District Board Member
Mt. San Antonio College Administrator
Los Angeles County Sheriff's Department Captain
Diamond Bar Library Librarian
City of Diamond Bar Community Services Director
Diamond Bar Community Foundation Member
YMCA Associate Branch Director- Diamond Bar/ Walnut Branch
Council of African American Parents Representative
Mom's Club of Diamond Bar Representative
Health Care Professional
Service Club/ Organization Representative
Youth Sports Organization Representative
YMCA Board Member
Walnut Valley Unified School District Principal/ Teacher
Pomona Unified School District Principal/ Teacher
PREPARED BY:
Kim Crews, Senior Management Analyst
REVI ED Y-
B b ose
Director of Community Services
1
James DeSt ano
Deputy City Manager
Agenda # 8.5
Meeting Date: 06/17/03
AA TV
1'1i-'
CITY COUNCIL
TO:
Honorable Mayor and MembersRf the City Council
VIA: Linda C. Lowry, City Manager
TITLE: APPOINTMENT OF ONE MEMBER OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR TO SERVE ON THE YOUTH MASTER PLAN STEERING
COMMITTEE.
RECOMMENDATION: Appoint one City Council Member to serve on the Youth Master
Plan Steering Committee and direct staff to begin the recruitment of additional committee
members.
FINANCIAL IMPACT: None.
BACKGROUND: At the regular City Council meeting of June 3, 2003, the City Council
voted to appoint one member of the City Council and directed the Parks and Recreation
Commission to appoint one member of the Parks and Recreation Commission to the Youth
Master Plan Steering Committee.
DISCUSSION: The Youth Master Plan Steering Committee will provide a continuing
committee to represent the data base of information, as well as analyze needs and
opportunities, achieve collective understanding about the community's existing youth needs
and services, and achieve consensus around a community -wide Youth Master Plan. The
Steering Committee should be comprised of no less than twelve (12) and no more than
twenty (20) stakeholders from the Diamond Bar community.
The Steering Committee will be tasked with developing a community -wide "Vision Statement"
for Diamond Bar youth and families and a comprehensive set of "Guiding Principles" for the
Youth Master Plan, in order to establish a foundation for the work of the committee.
The Youth Master Plan will be most successful when the Steering Committee members
represent the expertise of those agencies, organizations, and individuals that best represent
youth and family needs. The Steering Committee should reflect a broad cross-section of the
community. Emphasis should be placed on selecting members who could represent multiple
constituencies within the community (i.e. a parent who is also a health professional),
including parents, youth, coaches, youth service providers, elected officials, City and School
District administrators, community volunteers, agency representatives, faith -based
organization representatives, health professionals, and law enforcement personnel.
Knowledge and expertise in youth development and support to create strong families from
the membership of the Steering Committee will drive the efforts of the process to ensure a
comprehensive Youth Master Plan that will serve the greater good of the Diamond Bar
community.
The following represents desirable attributes for Steering Committee members. It is
important for potential members to have a minimum of four (4) of these attributes:
1. Interested in and cares for the youth of Diamond Bar; could represent multiple
constituencies.
2. Has a working knowledge of the concepts of youth development.
3. Knows the Diamond Bar community very well.
4. Time and commitment to serve on the Steering Committee, including attendance at
all Steering Committee meetings, Stakeholder Group meetings, and participating in
specific tasks as they are identified through the process.
5. Has the ability to work in a committee setting to develop consensus on issues and
opportunities as they occur.
6. Actively seeks out and represents the broadest needs and concerns of the youth of
Diamond Bar.
The following represents a list of community stakeholders, who are being asked to serve on
the Youth Master Plan Steering Committee:
City Council Member
Parks and Recreation Commission Member
Youth (1 from Diamond Ranch High School, 1 from Diamond Bar High School)
Pomona Unified School District Superintendent
Walnut Valley Unified School District Superintendent
Private School Administrator
Pomona Unified School District Board Member
Walnut Valley Unified School District Board Member
Mt. San Antonio College Administrator
Los Angeles County Sheriffs Department Captain
Diamond Bar Library Librarian
City of Diamond Bar Community Services Director
Diamond Bar Community Foundation Member
YMCA Associate Branch Director- Diamond Bar/ Walnut Branch
Council of African American Parents Representative
Mom's Club of Diamond Bar Representative
Health Care Professional
Service Club/ Organization Representative
Youth Sports Organization Representative
YMCA Board Member
Walnut Valley Unified School District Principal/ Teacher
Pomona Unified School District Principal/ Teacher
PREPARED BY:
Kim Crews, Senior Management Analyst
B6b' Rose v James DeStelfano
Director of Community Services Deputy City Manager