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7/1/2003
THIS MEETING IS BEING BROADCAST LIVE BY ADELPHIA FOR AIRING ON CHANNEL 17, AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE -BROADCAST EVERY SATURDAY AT 9:00 A.M. AND EVERY TUESDAY AT 6:30 P.M. ON CHANNEL 17. STUDY SESSION: CITY OF DIAMOND BAR CITY COUNCIL AGENDA July 1, 2003 5:00 p.m. CC -8 Presentation by Friends of the Diamond Bar Library — Read Together America Program CLOSED SESSION: 5:45 p.m. CC -8 Public Comments on Closed Session Agenda City Manager Labor Negotiations — Government Code Section 54954.5(f). Pending Litigation —Government Code Section 54956.9(a). One Case: Recendez, et al, Case File No. KC039432 CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Reverend Samuel Liu, Mt. Calvary Lutheran Church ROLL CALL: Council Members Chang, O'Connor, Zirbes, Mayor Pro Tem Huff, Mayor Herrera APPROVAL OF AGENDA: Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Proclaiming July 2003 as Parks and Recreation Month. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete July 1, 2003 PAGE 2 a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 STEVE TAMAYA BENCH DEDICATION — July 3, 2003 — 4:00 p.m. — Sycamore Canyon Park, 22930 Golden Springs Drive. 5.2 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. 5.3 4T" OF JULY BLAST — July 4, 2003 — 6:30 p.m. - Fireworks display at 9:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Drive. 5.4 PUBLIC SAFETY COMMITTEE MEETING — July 7, 2003 - 7:00 p.m., Diamond Bar/Walnut Sheriff Station, 21695 E. Valley Boulevard, Walnut. 5.5 PLANNING COMMISSION MEETING — July 8, 2003 — 7:00 p.m., Government Center/AQMD Auditorium, 21865 E. Copley Drive. 5.6 CALTRANS MONTHLY MEETING — July 9, 2003 — 6:30 p.m., Government Center/AQMD Room CC -2, 21865 E. Copley Drive. 5.7 CONCERTS IN THE PARK - Cloud 9 (Classic Rock) — July 9, 2003 — 6:30 — 8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Drive. 5.8 TRAFFIC AND TRANSPORTATION COMMISSION MEETING — July 10, 2003 - 7:00 p.m., Government Center/AQMD Hearing Board Room, 21865 E. Copley Drive. 5.9 DIAMOND BAR COMMUNITY FOUNDATION MEETING — July 10, 2003 — 7:00 p.m., Government Center/AQMD Room CC -8, 21865 E. Copley Drive. 5.10 CITY COUNCIL MEETING — July 15, 2003 — 6:30 p.m., Government Center/ AQMD Auditorium, 21865 E. Copley Drive. 6. CONSENT CALENDAR: 6.1 CITY COUNCIL MINUTES: July 1, 2003 PAGE 3 6.1.1 Adjourned Regular Meeting of May 13, 2003 - Approve as submitted. 6.1.2 Study Session of May 20, 2003 — Approve as submitted. 6.1.3 Regular Meeting of May 20, 2003 — Approve as submitted. 6.1.4 Study Session of June 3, 2003 — Approve as submitted. 6.1.5 Regular Meeting of June 3, 2003 — Approve as submitted. 6.2 TRAFFIC & TRANSPORTATION COMMISSION MINUTES — May 8, 2003 - Receive and file. 6.3 WARRANT - Approve Warrant Registers dated June 19 and June 26, 2003 in the amount of $759,384.14 — Approve. 6.4 TREASURER'S STATEMENT - month of May 2003 - Review and approve. 6.5 APPROVE AMENDMENT NO. 4 TO THE AGREEMENT WITH COCA COLA BOTTLING COMPANY OF LOS ANGELES FOR THE PLACEMENT OF BEVERAGE -SERVING VENDING MACHINES IN CITY PARKS FOR THE PERIOD OF AUGUST 1, 2003, THROUGH JULY 31, 2005. Recommended Action: Approve. Requested by: Community Services Division 6.6 ADOPT RESOLUTION NO. 2003-44 OPPOSING AB 1690 (LEND: PUBLIC SAFETY FINANCE AGENCIES) ALLOWING CITIES WHICH CREATE SUCH AN AGENCY TO IMPOSE AN INCOME TAX. Recommended Action: Adopt. Requested by: City Manager 6.7 APPROVE EXONERATION OF CASH DEPOSIT IN LIEU OF GRADING BOND NO. 21172 IN THE AMOUNT OF $1,800 FOR LOT NO. 50 OF TRACT NO. 23483 (2249 INDIAN CREEK ROAD, THE COUNTRY). Recommended Action: Approve. Requested by: Public Works Division 6.8 APPROVE APPROPRIATION OF $5,653 in the FY 2003/04 BUDGET: $1,253 FOR LANDSCAPE MATERIALS FOR THE STEVE TAMAYA MEMORIAL PROJECT AT SYCAMORE CANYON PARK; AND $4,400 FOR FUNDING OF A PORTION OF A RECREATION SUPERVISOR II POSITION. July 1, 2003 PAGE 4 Recommended Action: Approve. Requested by: Community Services Division 7. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: 8.1 ADOPT RESOLUTION NO. 2003-45: AMENDING PERSONNEL RULES AND REGULATIONS TO INCLUDE A PROVISION THAT ALLOWS FOR ACTING PAY AND SETS FORTH GUIDELINES FOR EMPLOYEE SUBMITTAL OF HOME AND EMERGENCY CONTACT INFORMATION. Recommended Action: Adopt. Requested by: Finance Division 8.2 APPROVE CONTRACT BETWEEN THE DIAMOND BAR CHAMBER OF COMMERCE AND THE CITY OF DIAMOND BAR FOR FY 2003-04 IN THE AMOUNT OF $36,000. Recommended Action: Approve. Requested by: City Manager 9. COUNCIL SUB -COMMITTEE REPORTS/ COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Mayor Herrera and Mayor Pro Tem Huff FROM: Linda G. Magnuson, Finance Director SUBJECT: Voucher Register, June 19, 2003 DATE: June 19, 2003 Attached is the Voucher Register dated June 19, 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 July 1, 2003. The checks will be produced after the scheduled meeting time and any recommended changes are made. Please review and sign the attached. BONTERRA CONSULTING INC CITY OF DIAMOND BAR 001-23011-- RUN DATE: 06/19/2003 16:21:03 1,631.88 VOUCHER REGISTER 3139 PROF.SVCS-FPR 96-213 2,096.22 001-23010-- 3154 PROF.SVCS-FPL 2002-09 PAGE: 1 TOTAL PREPAIDS DUE THRU: 06/19/2003 FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION PREPAID 7,909.35 BOY SCOUTS OF AMERICA -TROOP 730 AMOUNT DATE CHECK ADVANCED APPLIED ENGINEERING INC 2034 PARK DEP REFUND-SYC CYN 50.00 2505510-46412-18703-46412 13110 12765 SIGNAL MAINT-B/CYN/PTHFND 1,486.38 2505510-46411-01403-46411 13004 12764 CIP PRJ-AREA 5 SLRRY SEAL 1,258.40 GRACE BRANDT TOTAL PREPAIDS .00 2169 RECREATION REFUND 106.00 TOTAL VOUCHERS 2,746.78 00 TOTAL DUE VENDOR 2,746.78 ALPERT'S PRINTING INC TOTAL DUE VENDOR 106.00 0014095-42110-- 25777 PRINT SVCS -BUS CARDS 59.13 0014010-42110-CC203-42110 25768 PRINT SVCS -COUNCIL 59.13 TOTAL PREPAIDS .00 TOTAL VOUCHERS 118.26 TOTAL DUE VENDOR 118.26 AMERICAN RED CROSS 0014090-42395-- DONATION -JR SMITH 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 APSI INC 2505215-46420-13899-46420 11731 20035026CSC CONSTRCTN SVCS -COM SR CTR 29,147.70 TOTAL PREPAIDS .00 TOTAL VOUCHERS 29,147.70 TOTAL DUE VENDOR 29,147.70 AT&T 0014090-42125-- LONG DIST CHRGS-GENERAL 21.99 0015340-42125-- LONG DIST CHRGS-PARKS 19.64 TOTAL PREPAIDS 00 TOTAL VOUCHERS 41.63 TOTAL DUE VENDOR 41.63 BONTERRA CONSULTING INC 001-23011-- 3170 PROF.SVCS-FER 96-1 1,631.88 001-23011-- 3139 PROF.SVCS-FPR 96-213 2,096.22 001-23010-- 3154 PROF.SVCS-FPL 2002-09 4,181.25 TOTAL PREPAIDS 00 TOTAL VOUCHERS 7,909.35 TOTAL DUE VENDOR 7,909.35 BOY SCOUTS OF AMERICA -TROOP 730 001-23002-- 2034 PARK DEP REFUND-SYC CYN 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 GRACE BRANDT 001-34760-- 2169 RECREATION REFUND 106.00 TOTAL PREPAIDS 00 TOTAL VOUCHERS 106.00 TOTAL DUE VENDOR 106.00 CITY OF DIAMOND BAR RUN DATE: 06/19/2003 16:21:03 VOUCHER REGISTER PAGE: 2 DUE THRU: 06/19/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION _ AMOUNT DATE CHECK STEVE CARPENTER 001-32230-- DB 28902 REFUND -PARKING CITATION 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 SUMI CHOI 001-34780-- 2173 RECREATION REFUND 36.00 TOTAL PREPAIDS 00 TOTAL VOUCHERS 36.00 TOTAL DUE VENDOR 36.00 CHURCH IN THE VALLEY 001-23002-- 52964 PARK DEP REFUND-PANTERA 200.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 200.00 TOTAL DUE VENDOR 200.00 JAMES B CLARKE 0014030-44000-- 13119 LEGISLATIVE SVCS -WK 6/6 840.00 06/19/2003 55074 0014030-44000-- 13119 LEGISLATIVE SVCS -WK 5/23 040.00 06/19/2003 55074 TOTAL PREPAIDS 1,680-00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 1,680.00 COUNTY OF LOS ANGELES RECORDER 001-23010-- RECORDING FEE -FPL 02-64 25.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 25.00 TOTAL DUE VENDOR 25.00 D & J MUNICIPAL SERVICES, INC 0015220-45201-- 12402 DBBLDG 09 BLDG&SFTY SVC -5/26-6/16 24,454.97 TOTAL PREPAIDS .40 TOTAL VOUCHERS 24,454.97 TOTAL DUE VENDOR 24,454.97 DAVID EVANS AND ASSOCIATES,INC 2505510-46416-19303-46416 13177 121675 LNDSCP IMP -TEMPLE AVE 4,500.00 2505310-46415-18502-46415 13177 121675 LNDSCP IMP -TRAIL SYC CYN 4,500.00 2505510-46416-18102-46416 13177 121675 LNDSCP IMP -PATHFINDER 4,500.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 13,500.00 TOTAL DUE VENDOR 13,500.00 CAROL DENNIS 0014030-44000-- 12383 WCCA050703 PROP.SVCS-WCCA MTG 5/7 100.00 0014040-44000-- 12383 DBCCO60303 PROF.SVCS-CNCL MTG 6/3 300.00 0015210-44000-- 13072 PC050703 PROF.SVCS-PLN COMM 5/27 175.00 0015210-44000-- 1$383 PC051303 PROF.SVCS-PLN COMM 5/13 200.00 0015210-44000-- 13072 PCO51303 PROF -SVCS -PLN COMM 5/13 25-00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 800.00 TOTAL DUE VENDOR 800.00 CITY OF DIAMOND BAR RUN DATE: 06/19/2003 16:21:03 VOUCHER REGISTER PAGE: 3 DUE THRU: 06/19/2003 FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION PREPAID AMOUNT DATE CHECK DIAMOND BAR CHINESE AMERICAN ASSC 0114010-42355-- COMMUNITY ORG SUPPORT 1,000.00 06/19/2003 55071 TOTAL PREPAIDS 1,000.00 TOTAL VOUCHERS 00 TOTAL DUE VENDOR 1,000.00 DIAMOND BAR HAND CAR WASH 0015554-42200-- A12175 MAR 03 CAR WASH-P/WKS MAY 03 10.99 0015310-42200-- MAY 03 CAR WASH -COMM SVCS 21.98 0015230-42200-- A12375 APR 03 CAR WASH-NGHBRHD IMP 29,97 0014090-42200-- A12375 APR 03 CAR WASH -POOL VEH 98,91 0014090-42200-- A12375 MAR 03 CAR WASH -POOL VEH 76.93 0015554-42200-- A12375 APR 03 CAR WASH-P/WORKS 10.99 0015230-42200-- A12375 MAR 03 CAR WASH-NGHBRHD IMP 29.97 0015310-42200-- MAR 03 CAR WASH -COMM SVCS 10.99 0015310-42200-- APR 03 CAR WASH -COMM SVCS 23.59 0014090-42200-- A12375 FEB 03 CAR WASH -POOL VEH FEB 43.96 0014090-42200-- A12375 MAY 03 CAR WASH -POOL VEH 65.94 0015230-42200-- A12375 FEB 03 CAR WASH-NGHBRHD IMP FEB 10.99 0015230-42200-- A12375 MAY 03 CAR WASH-NGHBRHD IMP 7,99 TOTAL PREPAIDS 00 TOTAL VOUCHERS 443-20 TOTAL DUE VENDOR 443.20 DIAMOND BAR IMPROVEMENT ASSOCIATION 0014095-42115-- 12920 4896 AD -CONCERTS & 4TH JULY 450.00 1255215-42355-- PAINT THE TOWN PROJ 1,680.00 06/19/2003 55072 1255215-42355-- PAINT THE TOWN PROJ 4,200.00 06/19/2003 55073 1255215-42355-- PAINT THE TOWN PROJ 1,550.00 06/19/2003 55072 TOTAL PREPAIDS 7,430.00 TOTAL VOUCHERS 450.00 TOTAL DUE VENDOR 7,880.00 DIAMOND BAR INTERNATIONAL DELI 0014090-42325-- 12847 3378 MTG SUPPLIES -COUNCIL 6/10 175.00 TOTAL PREPAIDS 00 TOTAL VOUCHERS 175.00 TOTAL DUE VENDOR 175.00 CITY OF DIAMOND BAR RUN DATE: 06/19/2003 16:21:03 VOUCHER REGISTER PAGE: 4 DUE THRU: 06/19/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK DIAMOND BAR PETTY CASH 0015350-42325-- REC-MEETINGS 27.00 0014030-42330-- CMGR-TRAVEL-CONF 41.50 0015350-42110-- REC-PRINTING 17.78 0014040-42340-- C/CLERK-TRAINING 40.00 001-23010-- ENV FEE-FPL 02-066 25.00 001-23010-- ENV FEE-FPL 02-09 15.00 0014090-41200-- GEN GOVT-SUPPLIES 18.04 0015240-42330-- ECON DEV-TRAVEL-CONE 22.00 0015350-42353-- CITY B/DAY PTY-SUPPLIES 12.20 0015350-41200-- REC-SUPPLIES 86.64 0014030-42325-- CMGR-MEETINGS 35-00 0015210-44240-- PLANNING-ENVIRONMENTAL 25.00 0015210-44250-- PLANNING-PROJECTS 25.00 0014090-41400-- GEN GOVT-PROM ITEMS 57.64 'DOTAL PREPAID$ -00 TOTAL VOUCHERS 447,80 TOTAL DUE VENDOR 447.80 FEDERAL EXPRESS 0014090-42120-- 474915704 EXPRESS MAIL-GENERAL 28,67 TOTAL PREPAIDS .00 TOTAL VOUCHERS 28.67 TOTAL DUE VENDOR 28-67 FOOD SYSTEMS INC. 0015510-42325-- 24392 MTG SUPPLIES-P/WORKS 35.08 TOTAL PREPAID$ 90 TOTAL VOUCHERS 35.08 TOTAL DUE VENDOR 35.08 HARINDER GILL 001-34740-- 2174 RECREATION REFUND 64.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 64.00 TOTAL DUE VENDOR 64.00 GLENN'S REFRIGERATION 0015340-42210-- 13162 24911 MAINT-HERITAGE PK 240.00 0015340-42210-- 13162 24912 MAINT-HERITAGE PK 580.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 820-00 TOTAL DUE VENDOR 820.00 DEBBIE GONZALES 0015510-42340-- REIMB-TUITION 136.37 TOTAL PREPAIDS .09 TOTAL VOUCHERS 136.37 TOTAL DUE VENDOR 136.37 GONZALEZ/GOODALE ARCHITECTS 2505215-46420-13899-46420 A10666 12374 ARCHTCTRL SVC-C/SVCS CNTR 117.90 TOTAL PREPAIDS .00 TOTAL VOUCHERS 117.90 TOTAL DUE VENDOR 117.90 CITY OF DIAMOND BAR RUN BATE: 06/19/2003 16:21:03 VOUCHER REGISTER PAGE: 5 DUE THRU: 06/19/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK GOVPARTNER 1185098-46235-- 12938 334 IMPLMNTN & TRNG-MAY 03 850.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 850.00 TOTAL DUE VENDOR 850.00 GRAFFITI CONTROL SYSTEMS 0015230-45520-- 12134 DB 05/03 GRAFFITI CONTRL-MAY 03 2,450-00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,450.00 TOTAL DUE VENDOR 2,450.00 GRIFFITH COMPANY 2505510-46411-13498-46411 11627 13 CIP PROJECT-BREA CYN RD 8,535.70 TOTAL PREPAIDS .00 TOTAL VOUCHERS 8,535.70 TOTAL DUE VENDOR 8,535.70 JAN HEDGES 0015350-45300-- PROF.SVCS-CLOWN TINYTOTS 115.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 115.00 TOTAL DUE VENDOR 115.60 HULS ENVIRONMENTAL MANAGEMENT, LLC 1155515-44000-- 12316 2436 DEPT OF CON -MAY 03 318.75 1155515-44000-- 12316 2439 USED OIL GRANT -MAY 03 581.25 0015510-44240-- 12316 2438 NPDES SVCS -MAY 03 9,318.75 1155515-44000-- 12316 2437 SOLID WASTE -MAY 03 6,450.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 16,668.75 TOTAL DUE VENDOR 16,668.75 ICMA RETIREMENT TRUST -457 001-21108-- PP 13/03 JUNE 03 -PAYROLL DEDUCTION 2,985.89 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,985.89 'DOTAL DUE VENDOR 2,985.89 INLAND VALLEY DAILY BULLETIN 1395539-42115-- 13179 88382 AD P/HRNG-LLAD 39 787.50 1365538-42115-- 13179 99862 AD P/HRNG-LLAD 38 661.50 1415541-42115-- 13179 101069 AD P/HRNG-LLAD 41 795.90 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,244.90 TOTAL DUE VENDOR 2,244.90 JCI EASTERN MECH 1264411-42200-- 5/19/03 PAINT -SHERIFF VEH 519.98 TOTAL PREPAIDS .00 TOTAL VOUCHERS 519.98 TOTAL DUE VENDOR 519.98 _ CITY OF DIAMOND BAR RUN DATE: 06/19/2003 16:40:09 VOUCHER REGISTER PAGE: 6 DUE THRU: 06/19/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK KNOTT'S BERRY FARM 0015350-42410-- 13121 5537 DAY CAMP EXCRSN-KNOTT'S 1,016.00 0015350-42410-- 5537 EXCURSION -YOUTH DAYCAMP 875.60 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,891.60 TOTAL DUE VENDOR 1,891.60 YOUNG KOOK -KIM 001-32230-- DB 24233 REFUND -PARKING CITATION 50-00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 KOURY ENGINEERING & TESTING INC 2505215-46420-13899-46420 12681 906341 -IN INSPECTION SVCS-C/SR CTR 5,105.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 51105.00 TOTAL DUE VENDOR 5,105.00 LDM ASSOCIATES INC 1255215-44000-- 12810 662 CONSULTING SVCS -HOME IMP 3,361.25 TOTAL PREPAIDS -00 TOTAL VOUCHERS 3,361.25 TOTAL DUE VENDOR 3,361.25 LEWIS ENGRAVING INC 0014090-42113-- 12319 11435 ENGRAVING SVCS -BADGES 37.89 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 37,89 TOTAL DUE VENDOR 37.89 LOS ANGELES COUNTY PUBLIC WORKS 0015554-45507-- 12107 AR254174 TRAFFIC MAINT-APR 03 273.93 0015510-45530-- 12108 AR253827 INDUSTRIAL WASTE -APR 03 520.25 TOTAL PREPAIDS .00 TOTAL VOUCHERS 794.18 TOTAL DUE VENDOR 794.18 LOS ANGELES COUNTY SHERIFF'S DEPT 0014411-45401-- 56303 CONTRACT SVCS -MAY 03 319,750.28 0014411-45402-- 56260 SCHL TRFFC CONTRL-MAY 03 2,429.44 0014411-45402-- • 56260 CALVARY TRFFC CNTRL-MAY 6,069.14 1125553-45402-- 56234 TRANSIT SALES -MAY 03 108.73 0014411-45402-- 56104 STAR PROGRAM -MAY 03 8,281.42 TOTAL PREPAIDS .00 TOTAL VOUCHERS 336,639.01 TOTAL DUE VENDOR 336,639.01 FALGUNI MEGHA 001-34740-- 2175 RECREATION REFUND 59,00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 59.00 TOTAL DUE VENDOR 59.00 . CITY OF DIAMOND BAR RUN DATE: 06/19/2003 16:21:03 VOUCHER REGISTER PAGE: 7 DUE THRU: 06/19/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK NEXTEL COMMUNICATIONS 0014090-42130-- 6/6/03 AIRTIME CHRGS-P/W,C/S,C/D 395.34 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 395.34 TOTAL DUE VENDOR 395.34 P.F. PETTIBONE & CO 0015210-41200-- 4252 SUPPLIES -PLANNING 388.95 TOTAL PREPAIDS .00 TOTAL VOUCHERS 388.95 TOTAL DUE VENDOR 388.95 PERS RETIREMENT FUND 0014010-40080-- PP 13/03 CC -RETIRE CONTRIB-EE/ER 291.45 001-21109-- PP 13/03 RETIRE CONTRIB-ER 3,920.83 001-21109-- PP 13/03 RETIRE CONTRIB-EE 5,892.20 0014010-40090-- PP 13/03 CC -SURVIVOR BENEFIT 10.00 001-21109-- PP 13/03 SURVIVOR BENEFIT 38.13 TOTAL PREPAIDS .00 TOTAL VOUCHERS 10,152.61 'DOTAL DUE VENDOR 10,152.61 PERVO PAINT CO 0015554-41250-- 17286 SUPPLIES -ROAD MAINT 1,381.27 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,381.27 TOTAL DUE VENDOR 1,381.27 PRECISION DYNAMICS CORPORATION 0015350-41200-- 726336 SUPPLIES -DAY CAMP 244.49 TOTAL PREPAIDS -00 TOTAL VOUCHERS 244.49 TOTAL DUE VENDOR 244.49 RACHEL PRICE 001-32230-- DB 24083 REFUND -PARKING CITATION 40.00 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 40.00 TOTAL DUE VENDOR 40.00 R & D BLUEPRINT 2505215-46420-13899-46420 3585 PRINT SVCS -COMM SR CTR 10.26 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 10.26 TOTAL DUE VENDOR 10.26 REINBERGER PRINTWERKS 0015210-42110-- 13037 12702 PRINT SVCS-MAINT GUIDES 1,373.81 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 1,373.81 TOTAL DUE VENDOR 1.373.81 CITY OF DIAMOND BAR RUN DATE: 06/19/2003 16:21:03 VOUCHER REGISTER PAGE: 6 DUE THRU: 06/19/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK OMAR RODRIGUEZ 001-32230-- DB 27728 REFUND -PARKING CITATION 60.00 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 60.00 TOTAL DUE VENDOR 60.00 ROTARY CLUB OF WALNUT VALLEY 0114010-42355-- COMMUNITY ORG SUPPORT 500.00 TOTAL PREPAIDS ,qp TOTAL VOUCHERS 500.00 TOTAL DUE VENDOR 500.00 SAN GABRIEL VALLEY CITY MGR ASSOC 0014030-42325-- SGVCMA MTG-CMGR,DOYLE 130.00 06/19/2003 55075 0015210-42325-- SGVCMA MTG-DESTEFANO 65.00 06/19/2003 55075 0014040-42325-- MTG-CRIBBINS 15.00 06/19/2003 55076 0014030-42325-- MTG-WHITEHOUSE 15.00 06/19/2003 55076 TOTAL PREPAIDS 225.00 TOTAL VOUCHERS .00 TOTAL DUE VENDOR 225.00 SAN GABRIEL VALLEY COUNCIL OF GOVTS 0015510-42325-- SGVCOG MTG-ALAMOLHODA 20.00 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 20.00 TOTAL DUE V$NDCR 20.00 SAN GABRIEL VALLEY TRIBUNE 1385536-42115-- 13189 C8391 NOT OF P/HRNG-LLAD #38 776.16 1395539-42115-- 13189 K7779 NOT OF P/HRNG-LLAD #38 952.56 1415541-42115-- 13189 J9651 NOT OF P/HRNG-LLAD #41 952.56 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,681.28 TOTAL DUE VENDOR 2,681.2B LENIA SANCHEZ 001-34780-- 34640 RECREATION REFUND 10.00 TOTAL PREPAIDS ,00 TOTAL VOUCHERS 10.00 TOTAL DUE VENDOR 10.00 MARINA SCOTT 001-23002-- 2094 PARK DEP REFUND -PETERSON 50.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 SIGNAL MAINTENANCE INCORPORATED 0015554-45507-- 12325 51218451 EXTRA ST MAINT-MAY 03 1,116.42 0015554-45507-- 12325 51217958 TRFPC SIGNAL MAINT-MAY 03 2,142.00 TOTAL PREPAIDS ,0q TOTAL VOUCHERS 3,256.42 TOTAL DUE VENDOR 3,258.42 CITY OF DIAMOND BAR RUN DATE: 06/19/2003 16:21:03 VOUCHER REGISTER PAGE: 9 DUE THRU: 06/19/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK SOUTHERN CALIFORNIA EDISON 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 595.69 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 33.41 0015510-42126-- ELECT SVCS -TRAFFIC CONTRL 22.27 1264411-42126-- ELEC SVCS -SHERIFF SVC CTR 286.05 TOTAL PREPAIDS .00 TOTAL VOUCHERS 937.42 TOTAL, DUE VENDOR 937.42 SUBWAY 0014090-42325-- 12210 6/10/03 MTG SUPPLIES-CNCL 6/10 9.96 TOTAL PREPAIDS .00 TOTAL VOUCHERS 9.98 TOTAL DUE VENDOR 9.98 UNITED STATES POSTAL SERVICE 0014090-42120-- REPLENISH POSTAGE METER 2,500.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 2,500.00 TOTAL DUE VENDOR 2,500.00 UNITED TRAFFIC SERVICES SUPPLY 0015554-41250-- 4578 SUPPLIES -ROAD MAINT 444.99 TOTAL PREPAIDS .00 TOTAL VOUCHERS 444.99 TOTAL DUE VENDOR 444.99 URBAN ENTOMOLOGY ASSOCIATION 1385538-42210-- 343 GOPHER CONTROL-B/CYN RD 378.55 TOTAL PREPAIDS .00 TOTAL VOUCHERS 378.55 TOTAL DUE VENDOR 378-55 US HEALTHWORKS MEDICAL GROUP 0014060-42345-- 12373 028-044860 PRE-EMPLOYMENT PHYSICALS 60.00 0014060-42345-- 12373 028-044860 PRE-EMPLOYMENT PHYSICALS 70.00 0014060-42345-- 12373 028-044812 PRE-EMPLOYMENT PHYSICALS 80.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 210.00 TOTAL DUE VENDOR 210.00 VAN WINKLE AND AFFILIATES 0015210-44000-- 12297 JUNE 03 VIDEO DOC SVCS-JUIN 03 1,500.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 1,500.00 TOTAL DUE VENDOR 1,500.00 VERIZON CALIFORNIA 0015340-42125-- 9093965680 PH.SVCS-HTRG COMM CTR 26.76 TOTAL PREPAIDS .00 TOTAL VOUCHERS 26.78 TOTAL DUR VENDOR 26.78 CITY OF DIAMOND BAR RUN DATE: 06/19/2003 16:21:03 VOUCHER REGISTER PAGE: 10 DUE THRU: 06/19/2003 PREPAID FUND/SECT-ACCT-PROJECT-ACCT PO # INVOICE DESCRIPTION AMOUNT DATE CHECK WEST END UNIFORMS 0014415-41200-- 12767 60107 SUPPLIES-V/PATROL 33.40 0014415-41200-- 12767 60177 SUPPLIES-V/PATROL 15.09 0014415-41200-- 12767 60187 SUPPLIES-V/PATROL 160-01 TOTAL PREPAIDS .00 TOTAL VOUCHERS 208.50 TOTAL DUE VENDOR 208.50 WOMEN IN LEISURE SVCS INC 0015350-42315-- MEMBRSHP DUES -S WEST 25.00 0015310-42315-- MEMBRSHP DUES -K CREWS 25.00 TOTAL PREPAID$ -00 TOTAL VOUCHERS 50.00 TOTAL DUE VENDOR 50.00 PAUL WRIGHT 0019090-44000-- 12208 6/13/03 A/V SVCS-P/C,CNCL 245.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 245.00 TOTAL DUE VENDOR 245.00 YOSEMITE WATERS 0015310-42130-- 12165 MAY00191998 EQ RENTAL -MAY 03 12.00 TOTAL PREPAIDS .00 TOTAL VOUCHERS 12.00 TOTAL DUE VENDOR 12.00 REPORT TOTAL PREPAIDS 10,335.00 REPORT TOTAL VOUCHERS 491,355.91 REPORT TOTAL 501,690.91 CITY OF DIAMOHD BA� VDUCHER RE�l6|ER �PHRDVAL T�`e attached lzs�ir� of vouch�rs date� �une 19' 2O�3 ha�e �een ravieweJ, approved, and recomoen�e� f�r Pay�ent. Payments are �creb� a�lowe� fr�m the fn�lcwing Fu��s in Lhese am�un�s FU�D ���3CRl�T7ON P�EP�I0 V8UC�|�|�S 0�1 GEMERAL ���D l,7�5.�O 4l3,9O7.43 011 COM �RCANIZ�TION SJPPDRT 1,000.0� 50O.9� 11Z P8OP 0 - TR��CIT FUND .00 1O�.73 1l5 I�|���A�ED W��lE M6T F��D .00 7,350.i0 1i� AI� QLTY lMPR F� (AB27�6> '0O 85�'O� l�5 CO� �EV Di'K CK�NT FUwD 7,430.0O 3,361.25 l?u CITIZ��� OPT-��S�l� �FTY .00 80�.�3 25� CAPlTAL l�PROV/P�O.� FU%D .�0 59,�63'34 RE[`O�T FO� A�L FUNDS 1V,335.o0 491,351.5z -- Finance Czrector Mayor Mayor Pro Tem T[D�L 1�5,812.�3 l0O.7� 7,350.0: 1�,791.25 i,Bl6.21 59,1�3,�4 June 25, 2003 Mayor Carol Herrera City of Diamond Bar Honorable Mayor Herrera and City Council Members, Study Session: July 1, 2003 OFFICE GIj' int l: P{,.GER utI r AM 19 The Friends of the Diamond Bar Library would like to thank you for proclaiming the month of October, Read Together Diamond Bar, and also for your support and participation in last year's events. Because the program was such a success last year, we are very excited about our plans to build on the event this year. In the early planning stages of this program we have generated a great deal of excitement and enthusiasm with five proposed events, the biggest of which is an Almost 5K, all downhill Family Fun Walk:/Run. All events are outlined for your review in the enclosed calendar. We are hoping that you will include these events in the City Recreation Guide again this year. The 5K not only increases the scope of the planning, it also increases the opportunities for wider community involvement of all ages and all areas of interest. We are planning to make this an annual part of RTDB. It encourages local schools, service and community organizations, as well as local businesses to get involved in activities which boost community pride and ownership. We hope to encourage entrants to the 5K to collect sponsors, donations to be applied toward the purchase of a marquee for the library. At present, we are making inquiries of possible sponsors for different aspects of the events. For example, we are asking someone to sponsor the purchase of 500 T-shirts and 1000 water bottles. We are also asking our local theater to sponsor two showings of the movie HOLES. We are also looking for sponsors for 100 treasure bags for the children after the 5K. There are several ways we would like to see the City of Diamond Bar support this event as well: 1)Provide additional banners and/or signs to tout an annual 5K event, building on previously purchased RTDB banners. These would be placed at intervals along Diamond Bar Boulevard and Grand Avenue. 2)Provide the printing of the T-shirts and water bottle labels with this year's RTDB / HOLES logo and sponsors logos, cost to be determined. 3 )Provide 9 medals as outlined in the description of events on enclosed calendar, to be awarded to the winners of the 5K. 4)Close the route marking the beginning and end of the 5K event for the period from 7:30 a.m. to 11:00 a.m. on the morning of the race; as well as provide shuttle service from the registration site at the bookstore to the starting line at the library, during that same time. 5)Participate in opening and closing ceremonies, including presenting medals to winners. 6)Set an example with a running team at the front to begin the race. 7)Participate in the HOLES Read-a-thon at the library, as local celebrities at library during the month of October. 8)Attend all other events. 9)Honor the winners of the race and the essay/wacky invention/poster contest at the City Council meeting in November, 2003. As you consider the potential of this year's first annual RTDB 5K and other events, we are confident you will become just as excited as we are about this year's program. The Friends continue to strive to find ways to promote literacy and community pride through fun and educational events for a city in which we take great pride. We are building on a track record of ten years of progressive success, each year better than the last. We also find that we attract greater numbers each year because of that track record. The City of Diamond Bar provides a very attractive setting for a diverse population that has continued to set an example for all of our neighbors, with our ability to work together and take pride in this very blessed community. We look forward to working with the City Council in another year of continued success. Please feel free to contact me at 909-860-7662, or at lawhawk(a-.earthlink.net if you have any questions or would like further clarification. I will be out of town June 26 through July 1, however you may contact our President, Nancy Lyons, at 909-860-2450 or at nIyons&pu.edu„ or you may contact our Wine Soiree Chair, Kathleen Newe at 909-612-2162 or at kneweearthlink.net. I will be returning for the next City Council study session at 5:00, July 1, and plan to attend with Kathleen Newe. We look forward to discussing this event with you. Sincerely, Marsha W. Hawkins Vice -President, Friends of the Diamond Bar Library READ TOGETHER DIAMOND BAR 2003 HOLES by LOUIS SACHAR PROPOSED EVENTS: OCTOBER 4: 5K FAMILY FUN WALK/RUN 6 yrs and under, free; 6-14 yrs, $5; 15-49 yrs, $20; 50 yrs and above $10 Event to begin at Diamond Bar Library on Grand Avenue 7:00 Registration and parking at Basically Books Bookstore? Registration includes RTDB / HOLES T-shirt and water bottle Shuttles to library? Last shuttle time to be determined 8:30 Opening ceremonies begin 9:00 Race begins 10:00 Pancake Breakfast begins (Basically Books parking lot, fee to be determined) 11:00 Closing ceremonies at Friends of the Diamond Bar Library Bookstore, Basically Books, Country Hills Town Center Parking Lot Events after 5K: Prizes awarded: I" Place (each division x 3) _ $25, gold medal 2' Place (each division x 3) = silver medal P Place (each division x 3) = bronze medal Treasure Hunt: Children to dig in sand pit for buried treasure tokens (tokens to be redeemed for treasure bags) Biggest Tennis Shoe Contest Pancake Breakfast: beginning at 10:00 a.m., to be served by community service group Service Tables manned by local clubs and orgs, possibly St Jude's and FD OCTOBER 5-31: HOLES Read-a-thon by local celebs and volunteers; 3:00-3:30 at DB Library (contact librarian Kim Peters) OCTOBER 11: LIBRARY EVENT: TBA OCTOBER 19: PROPOSED CINEMA 8 SHOWING OF HOLES OCTOBER 25: BOOK DISCUSSION AT DIAMOND BAR LIBRARY, 2:00 p.m. OCTOBER 15: deadline date for all entries of essay/wacky inventions/HOLES poster contests Certificates to be awarded and recognition at City Council meeting WE ARE ALSO ATTEMPTING TO CONTACT THE AUTHOR FOR A POSSIBLE BOOK SIGNING TO WORK INTO ONE OF THE EVENTS Study Session: July 1, 2003 June 25, 2003 Mayor Carol Herrera City of D=iamond Bar Honorable Mayor Herrera and City Council Members, The Friends of the Diamond Bar Library would like to thank you for proclaiming the month of October, Read Together Diamond Bar, and also for your support and participation in last year's events. Etecause the program was such a success last year, we are very excited about our plans to build on the event this year. In the early planning stages of this program we have generated a great deal of excitement and enthusiasm with five proposed events, the biggest of which is an Almost SK, all downhill Family Fun Walk:/Run. All events are outlined for your review in the enclosed calendar. We are hoping that you —,vill include these events in the City Recreation Guide again this year. The SK not only increases the scope of the planning, it also increases the opportunities for wider community involvement of all ages and all areas of interest. We are planning to make this an annual part of RTDB. It encourages local schools, service and community organizations, as well as local businesses to get involved in activities which boost community pride and ownership. We hope to encourage entrants to the SK to collect sponsors, donations to be applied toward the purchase of a marquee for the library. At preserrt, we are making inquiries of possible sponsors for different aspects of the events. For example, we are asking someone to sponsor the purchase of 500 T-shirts and 1000 water bottles. We are also asking our local theater to sponsor two showings of the movie HOLES. We are also looking for sponsors for 100 treasure bags for the children after the SK. There arf; several ways we would like to see the City of Diamond Bar support this event as well: 1)Provide additional banners and/or signs to tout an annual SK event, building on previously purchased RTDB banners. These would be placed at intervals along Diamond Bar Boulevard and Grand Avenue. 2)Provide the printing of the T-shirts and water bottle labels with this year's RTDB / HOLES logo and sponsors logos, cost to be determined. 3 )Provide 9 medals as outlined in the description of events on enclosed calendar, to be awarded to the winners of the SK. 4)Close the route marking the beginning and end of the SK event for the period from 7:30 a.m. to 11:00 a.m. on the morning of the race; as well as provide shuttle service from the rf;gistration site at the bookstore to the starting line at the library, during that same time. r 5)Participate in opening and closing ceremonies, including presenting medals to winners. 6)Set an example with a running team at the front to begin the race. 7)Participate in the HOLES Read-a-thon at the library, as local celebrities at library during the month of October. 8)Attend all other events. 9)Honor the winners of the race and the essay/wacky invention/poster contest at the City Council meeting in November, 2003. As you consider the potential of this year's first annual RTDB 5K and other events, we are confident you will become just as excited as we are about this year's program. The Friends continue to strive to find ways to promote literacy and community pride through fun and educational events for a city in which we take great pride. We are building on a track record of ten years of progressive success, each year better than the last. We also find that we attract greater numbers each year because of that track record. The City of Diamond Bar provides a very attractive setting for a diverse population that has continued to set an example for all of our neighbors, with our ability to work together and take pride in this very blessed community. We look forward to working with the City Council in another year of continued success. Please feel free to contact me at 909-860-7662, or at lawhawk@a,earthlink.net if you have any questions or would like further clarification. I will be out of town June 26 through July 1, however you may contact our President, Nancy Lyons, at 909-860-2450 or at nlyons@apu.edu„ or you may contact our Wine Soiree Chair, Kathleen Newe at 909-612-2162 or at knewe earthlink.net. I will be returning for the next City Council study session at 5:00, July 1, and plan to attend with Kathleen Newe. We look forward to discussing this event with you. Sincerely, Marsha W. Hawkins Vice -President, Friends of the Diamond Bar Library READ TOGETHER DIAMOND BAR 2003 HOLES by LOUIS SACHAR PROPOSED EVENTS: OCTOBER 4: 5K FAMILY FUN WALK/RUN 6 yrs and under, free; 6-14 yrs, $5; 15-49 yrs, $20; 50 yrs and above $10 Event to begin at Diamond Bar Library on Grand Avenue 7:00 Registration and parking at Basically Books Bookstore? Registration includes RTDB / HOLES T-shirt and water bottle Shuttles to library? Last shuttle time to be determined 8:30 Opening ceremonies begin 9:00 Race begins 10:00 Pancake Breakfast begins (Basically Books parking lot, fee to be determined) 11:00 Closing ceremonies at Friends of the Diamond Bar Library Bookstore, Basically Books, Country Hills Town Center Parking Lot Events after 5K: Prizes awarded: I" Place (each division x 3) _ $25, gold medal 2' Place (each division x 3) = silver medal 3rd Place (each division x 3) = bronze medal Treasure Hunt: Children to dig in sand pit for buried treasure tokens (tokens to be redeemed for treasure bags) Biggest Tennis Shoe Contest Pancake Breakfast: beginning at 10:00 a.m., to be served by community service group Service Tables manned by local clubs and orgs, possibly St Jude's and FD OCTOBER 5-31: HOLES Read-a-thon by local celebs and volunteers; 3:00-3:30 at DB Library (contact librarian Kim Peters) OCTOBER 11: LIBRARY EVENT: TBA OCTOBER 19: PROPOSED CINEMA 8 SHOWING OF HOLES OCTOBER 25: BOOK DISCUSSION AT DIAMOND BAR LIBRARY, 2:00 p.m. OCTOBER 15: deadline date for all entries of essay/wacky inventions/HOLES poster contests Certificates to be awarded and recognition at City Council meeting WE ARE ALSO ATTEMPTING TO CONTACT THE AUTHOR FOR A POSSIBLE BOOK SIGNING TO WORK INTO ONE OF THE EVENTS NoA Agenda � G.1 .l MINUTES OF THE CITY COUNCIL ADJOURNED REGULAR MEETING OF THE CITY OF DIAMOND BAR MAY 13, 2003 CALL TO ORDER: Mayor Herrera called the Adjourned Regular City Council Meeting to order at 4:34 p.m. in the Room CC -8 of the South Coast Air (duality Management District/Government Center, 21865 E. Copley Dr., Diamond Bar, CA. ROLL CALL: Council Members Chang, O'Connor, Zirbes and Mayor Herrera. Mayor Pro Tem Huff arrived at 4:55 p.m. Also present were: Linda Lowry, City Manager; James DeStefano, Deputy City Manager; David Doyle; Deputy City Manager; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Lynda Burgess, City Clerk; Kim Crews, Senior Management Analyst; Fred Alamolholda, Senior Engineer; Teresa Arevalo, Senior Management Analyst; Sharon Gomez, Management Analyst and April Blakey, Public Information Manager. 2. COUNCIL CONSIDERATION: 21.1.1 LEGISLATIVE SUBCOMMITTEE MATTERS — Report by Jim Clarke, Legislative Liaison. 2.1.1 AB 1221 (STEINBERG AND CAMPBELL) BALANCED COMMUNITIES ACT (Continued from May 6, 2003.) - Continued to May 20, 2003. Mr. Clarke reported that the hearing initially scheduled for May 14, had been postponed until the next Wednesday, May 21. If the bill does not get out of committee by the end of May 2003, it dies. The State is advocating taking away 50% of cities' sales tax revenue and replacing it with what they are calling a "property tax backfill", which would come from the Educational Revenue Augmentation fund. He briefly reported that the formula does not work for all cities and that a study conducted by Hinderliter, using 1993 to 2000 tax figures, indicated Diamond Bar would have received approximately $100,000 to $200,000 less revenue in each of those years had AB 1221 been implemented. It is a fluctuating formula that is locked -in using the property tax rate for 2004. The market is volatile and in that there is no guarantee that this legislation benefits the City, but quite the opposite. The legislation actually takes away funds allocated at the local level to use for the State's own general fund. CM/Lowry suggested that the matter be continued to Tuesday, May 20, giving Council the opportunity to review the revised material. It was noted MAY 13, 2003 PAGE 2 CITY COUNCIL that the League is adamantly opposed to the legislation and a number of cities have taken adverse positions. Mr. Clarke stated that even though the hearing was rescheduled, the City's legislative lobbyist, Gonsalves & Son, is working hard to defeat the bill. C/Zirbes was interested in moving forward but preferred to wait for MPT/Huff to arrive to the meeting. C/O'Connor was not comfortable voting on something she had not had an opportunity to study and absorb. If the balance of the Council wanted to take a vote, she would step outside. C/Chang was opposed to the legislation and stated that the State tends to resolve its problems at the expense of local government. He commented that regardless of what other cities were doing, if this Council wants to show its opposition, he would be okay with taking a vote at this time. CM/Lowry briefly explained that the State's proposal to use 2004 as its base - year allows Diamond Bar only a 50% return on any financial enticements used to encourage developments and minimize the capturing of future sales tax. The language of the bill as written is complicated beyond reason. MPT/Huff arrived at 4:55 p.m. After a brief summary of the discussion by M/Herrera, MPT/Huff commented on the benefit of hearing Sacramento's feedback first-hand citing that Sacramento was still trying to address the real problem. It just doesn't yet work for Diamond Bar. Part of the problem is the City is anticipating retail and the City is working hard to get it. If the State had a mechanism for averaging five years out instead of using the current base it would more likely capture future sales tax growth and take into account those cities that have tried to be responsible under existing laws. Neighboring cities come out on the plus side, Diamond Bar is still growing. And yet their councils have consistently fought retail growth and only included residential growth. M/Herrera said that therein lies the quandary - should Council act now or go to Sacramento and get more information and take action next Tuesday. MPT/Huff suggested that a step in the right direction would be to get away from sales tax to property tax and get feedback from Sacramento to find out whether they would be receptive to something that would work for more cities. Mr. Clarke said that if the Council waited to take action until next Tuesday, the resolution could be taken to Sacramento the next morning and presented to the offices of the Appropriations Committee members. Council concurred to continue the matter to May 20, 2003. MAY 13, 2003 PAGE 3 CITY COUNCIL 2.1.2 SB 537 (ROMERO) — SOLID WASTE MANAGEMENT (Continued from May 6, 2003) Mr. Clarke presented Council with a copy of a Resolution from the Board of Supervisors opposing SB 537. C/O'Connor talked about an article in the newspaper today which said that the City of Industry had changed the language or added them to be restricted as well. Mr. Clarke stated that the bill was amended late last night and the language has not yet been added to the legislation but that he had obtained a list of the amendments that were made. In section 44013.a, the amendment restricts the Grand Central recycling/transfer station in the City of Industry. MPT/Huff pointed out that the article indicated that Industry was willing to do that because there is a common feeling that they are trying to restrict the County landfill and not the transport station in their City. According to Los Angeles County Sanitation, there is an application by Grand Central to raise their daily transferable tonnage to 5,000 tons a day, which would be more than what is proposed for Puente Hills. The theory is that if Grand Central had obtained the new permit, they would have been able to make more money. Obviously, it was not fair and LA County decided that Grand Central would remain at the March 2001 limit of 1500 tons per day. Mr. Clarke indicated that Gonsalves would also try to kill this legislation. While it did pass out of committee with these amendments, the prognosis for the bill is not good. In response to C/O'Connor's inquiry as to why Gonsalves would attempt to kill the bill when they sent out a message to support it, Mr. Clarke responded that this was done prior to the amendments. C/O'Connor reminded Council that she took a position in favor of this bill at the Sanitation District on direction from Gonsalves' staff. In an attempt to acquire all the pertinent information relating to this bill, she suggested they study the bill more closely. Mr. Clarke said that C/O'Connor's reasoning was correct at the time. However, the bill has been stripped of everything having to do with expansion and building of new facilities, and focuses on Grand Central and Puente Hills and the amount of times that they can move in -and -out. It's a totally different bill. And it's not doing exactly what the author intended it to do. CM/Lowry said staffs recommendation would be "no action" at this point. MAY 13, 2003 PAGE 4 CITY COUNCIL 2.2 DISCUSSION: CITY COUNCIL GOALS AND OBJECTIVES. M/Herrera reported that she and subcommittee member MPT/Huff agreed that Council needed to first review the goals that it adopted last year and determine how many were accomplished before determining next year's goals. CM/Lowry commented on the importance for Council to dialogue with staff as to the goals' creation, status, and how they were accomplished or not accomplished, as it is staff that has to make them happen. CITY COUNCIL GOALS WITH ONGOING OBJECTIVES FOR FY 2002-2003: CM/Lowry stated that the same format was being used as in the past, with an update in the middle column. The column on the right contains other comments that staff feels should lead us into further discussion such as to whether the matter should be carried into the next year. Staff is seeking direction from Council as to what each goal entails and are the Council and staff on the same page visioning how to carry the goal into the next year's budget or the year after that. Goal - Finalize Plans for Community/Senior Center; Commence Construction of F=acility and Design Schematic Plans for Library. Objective - "Community/Senior Center" — construction is proceeding. Next year's goal would include the operations and the opening costs. Monies for opening, operations, and purchase of fixtures and furnishings were not included in the budget but will be coming to the Council in the form of a Decision Package to be presented at the next meeting. It was questioned as to Council seeing the Senior Center as remaining an objective on next year's Goals and Objectives or does Council see it being absorbed with construction of the center ending. C:/Chang agreed that this goal should be refined to create a policy for use of the facility by the community and seniors. Objective - "Actively pursue alternative forms of library funding (i.e. bonds, assessment districts and state/federal grants) and hire a grant writer to search for funds; explore the cost/benefit (feasibility) of seceding from the County for Library services'— staff is recommending that the City should consider withdrawing from the County Library system and submit stand-alone grant applications. C:/Chang recommended additional study sessions to discuss this project and whether Council wanted to move forward in the pursuit of grants. In response to MPT/Huff, DCM/Doyle explained that the Goals and Objectives state that the City was looking at withdrawing from the County in August or September rather than in July in order to make sure that the bond application is substantially complete and the operating agreement is accomplished before withdrawing. Staff will be preparing to move in that direction by July. MAY 13, 2003 PAGE 5 CITY COUNCIL In response to M/Herrera regarding a Study Session to re-evaluate as to the direction the City should go, DCM/Doyle suggested that the Council wait for a couple of months. Staff has requested financial information from the County regarding the amount Diamond Bar is paying into the system and how it is being spent, as well as the revenue being generated by the City for the County. Additionally, staff needs to develop a "plan of service" for the new library in order to understand staffing needs. At that point, staff could give the information to an outside service -provider and have them cost it out. MPT/Huff concurred that it would be good to have a study session once the information had been gathered. Objective - "Develop concept of teen program" — CM/Lowry stated that staffs recommendation is to move the objective to implementation of the Youth Master Plan Goal. M/Herrera explained that, historically, when Council Members submit their goals, staff looks at the list and categorizes them. Ob'ective - "Study alternate uses of library site if funding fails"— CM/Lowry pointed out that, at this point, the funding has not failed so the Goal should stay on the list. DCM/Doyle also indicated that, if the City gets the funding for the new Library, the goal should include reuse of the present library site. M/Herrera commented that the Fire Department had priority over the current location. DCM/Doyle explained that the Fire Department has discussed use of the current site, but the Library District actually owns the current site. In fact, they publicly stated that the Fire Department would have to purchase the site from them. C:/O'Connor stated that the City has the money to build a library but the question is funding the operations. She inquired as to the City's ultimate intent in the event the City does get the bond. DCM/Doyle said that when the application is submitted, we will know what it would cost to operate the library and the Council and the County have to make a statement to the Bond Board that we would be running a library for 40 years. Council should have all of the operating costs up front before going into the Bond Act application process. Goal: Consider Adoption and Implementation of Economic Development and/or Strategic Plan 2b'ective - Phase I "Identify unmet retail needs; target revitalization of existing commercial areas; attract commercial development; consider strategies with Project MAY 13, 2003 PAGE 6 CITY COUNCIL Area; prioritize commercial areas for economic development opportunities; examine the feasibility of creating a new redevelopment project area". Phase II "Consider strategies without redevelopment; utilize elements of economic plan from Kosmont study; work to pass redevelopment legislation and support other measures allocating stable funding for cities, such as through property taxes; creation of an `Economic Assistance Program' to formulate alternative methods to finance economic development (use of money or bonds to replace lost redevelopment funding)." DCM/DeStefano said that the Redevelopment Project Area concept did not succeed. Staff conducted a roundtable discussion with business -savvy individuals in September, with the results provided to Council in October. It was apparent that focus should be placed on the two vacant pieces of property in the City — Site D and the hospital site, and The Country Hills Towne Center, as well as focus on Kmart. This has evolved into a continuing quest for a grocery store at Country Hills and possible uses in the future that may be residential rather than retail. Site D is being considered by the School District as a possible site for freeway oriented/neighborhood shopping center to fill existing voids in that area. DCM/DeStefano responded to C/O'Connor that about two years ago, Council wanted to look at Site D as a freeway -oriented retail commercial opportunity. It is important for Council to either affirm or redirect this position as staff intends to market the site as a 20 -acre potential for a retail project at the upcoming National Developers Conference. At this point, the City's position is that the site should be retail. DCM/DeStefano commented that the School District is interested in more residential and at this point it may or may not offer a compromise. MPT/Huff stated that the school district was interested in maximizing the dollar and felt it would be through housing. C/O'Connor questioned the City's intent to market the property without knowing the School District's intentions. DCM/DeStefano responded that there is an opportunity being currently vacant, and staff would like to capture that opportunity in the current "hot" market. Staff knows of significant sales tax producers that want to locate on Site D; even though the property owner is not interested, the City is, in marketing the property. The same thing holds true for a couple of other sites in the City, such as the Walnut Valley trailer site. M/Herrera said that one of the reasons the City is aggressively marketing these sites is that the City needs $1,000,000 in new sales tax in order to be in a position to afford the ongoing maintenance for the new Community/Senior Center and Library. C/O'Connor said that a number of residents have proposed that Site D be considered for location of a sports complex. MAY 1:3, 2003 PAGE 7 CITY COUNCIL DCM/DeStefano reiterated the importance for staff to know Council's direction so that marketing energies are maximized for potential developers, as well as staff. Staff could focus its energies on other sites in the City for a sports complex. C/Chang, in response to C/O'Connor, stated that the property owner for Site D doesn't really care what type of facilities go onto the site, they are looking for funds in the area of $15,000,000 and $18,000,000. He could certainly understand the community's desire to have a swimming pool, a sports complex, but everything has a priority and the current priority is the Community/Senior Center and the Library. Fie commented that it was important for the City to focus on finding commercial retail solutions for its vacant property in order to ensure an ongoing revenue stream and provide a more secure financial future for the City. The administration fee of the Community/Senior Center has been projected at $750,000 and the Library cost would double that. Regardless, it is estimated that the City needs approximately $1,000,000 more in annual income to cover these costs. DCM/DeStefano commented that there is also an opportunity to develop a retail center on the current Calvary Chapel property. Staff was focusing on the hospital piece just above it and that appears to be leaning toward a residential opportunity with a small office development. There is more interest on the bottom portion of the property for retail, and there is a well-known developer with an exclusive to do the development. That portion of the four sites has shifted a bit but in a positive direction. Staff sees this as an ongoing objective so that the City can move on to revitalizing some of the centers. CM/Lowry said she didn't know whether the feasibility of creating a new redevelopment project area would continue to be carried forward with the State's unraveling of redevelopment and sales tax benefits. DCM/DeStefano said staff would recommend deleting this item because the climate is unfavorable. Both sides are working hard to cause redevelopment to go away or make it so onerous that it's not worth pursuing in project areas. In addition, it is difficult to produce enough blight in this City to meet the test to generate enough revenue to support creation of a project area. CM/Lowry said the City made a big step by creating the Financing Authority and that was part of her concern regarding AB 1221. The City committed itself to having funds on hand to do economic development, and, if it was going to end up that the City was not going to get its portion of sales tax out of it, the City would have to change considerably its approach on nearly everything. This would include the first phase on how the City was going to develop the properties. Ob'ei ctive - "Establish supermarket for Country Hills Towne Center and/or south eind." DCM/DeStefano stated that C/Zirbes has helped to coordinate, through his contacts, business meetings with members of that business -industry. As a result, staff has spoken with about 20 different grocery store operators that have stores in this MAY 13, 2003 PAGE 8 CITY COUNCIL marketplace, with limited success. Staff is hoping to gain interest in that center at the International Council of Shopping Centers conference. It also appears that a grocery store could be a significant portion of a Site D development because it's a site above the street and even with a lot of grading, and it's a corner location. If that happens, staff would look for a higher -end use with the same kind of regional advertising on a weekly basis, the same kind of high customer counts that a grocery store provides. This would also be done for the Country Hills Center. C/Zirbes said Site D is a prime piece of freeway real estate that the objective should be to put the market in Country Hills rather than creating another center of the same type on Site D. Even with the site's grade difficulties, getting a market back into the Center would be beneficial because it would satisfy the need at the south end of town and would open up the opportunity for sales tax generating businesses on Site D. The School District seems determined to have a retail center at Site D. He would like to see a sports complex there as much as anyone else but we don't have $15 million to build it. C'/Chang stated that the community wanted a high-end shopping center and restaurant available and that Site D would offer the highest and best use site for such a project. It's been nearly impossible to attract a grocery store to the Towne Center because of competition with Wal-Mart. M/Herrera understood that the Council concurred that Site D should be commercial. CM/Lowry confirmed that pursuit of a supermarket for the Country Hills Towne Center would remain an ongoing item. Objective - Conduct a business town forum/open house to discuss business/economic development. DCM/DeStefano confirmed that a portion of this has been completed. Staff is uncertain as to what the Council intended for a town forum/open house. C:/O'Connor suggested that one idea for a town forum/open house would be to display maps of the City's shopping areas and ask what the residents had in mind for development, revamping, etc. DCM/DeStefano said that this may have been appropriate a year or two ago but may not be appropriate today. It would be staffs recommendation to remove that section of the item from the list. C:/O'Connor pointed out that the City's view of the type of development that would generate sales tax may completely differ from the residents' view of the type of uses they would like to see. CM/Lowry said that staff discussed the Council's desires, as well as, possible differences in balancing the desires of the consumer against those of a fiscal manager. Those desire may completely compete with each other. It may be contrary to quality of life, perhaps, but it would be in keeping with the goal to make the most prudent commercial decisions. C/O'Connor stated given a choice of a Home Depot or a sports complex at Site D, she believes the residents would choose the sports complex. DCM/Doyle questioned the revenue source that would be needed for this type project. MAY 13, 2003 PAGE 9 CITY COUNCIL M/Herrera pointed out that if the City does not bring in the $500,000 tax base that Home Depot represents, the City won't have the money to be able to afford the Youth Master Plan, or a sports complex or, even worse would be to build it without the money to operate it. C/Chang commented that a business complex could provide various types of entertainment as well as retail in a center that has good freeway exposure. At this gime, people spend money in other cities to get entertainment and services. DCM/DeStefano said that with a high sales tax producer, Diamond Bar would reap the reward, or it could go in an adjacent City and Diamond Bar would get nothing. We could do the same with a sports complex or some sort of athletic facility. The City could put it in an athletic facility on a big -box site, or it could locate it on an adjacent piece of property by entering into a joint -City effort. At least Diamond Bar would have the opportunity to capture base revenue to run the facility with the limited land the City has left. He explained that Diamond Bar has Industry -property on three sides and they have thousands of vacant acres that present an opportunity for some of the other kinds of uses that are needed, and have been asked for, but don't generate revenue, thus leaving Diamond Bar with the land to generate the revenue to help pay for it. MPT/Huff said that some of this discussion represents an opportunity for educating the residents. They have identified where they would like to see the sports complex if cost were no object but the reality is, cost is an object. The best way to get the amenities is to develop the revenue streams. M/Herrera requested Council's pleasure as to staffs recommendation to deleting the objective "conduct a business town forum/open house". C/Chang pointed out that tie did not want to jeopardize the relationship with the Chamber of Commerce. M/Herrera gave assurance that Diamond Bar regards the Chamber as part of its family, however the item will be deleted. CM/Lowry said that even with the removal of this item from the list, the first item at the top of page 3 would ensure C/Chang's objective. Ob'e� ctive - "Work with the Chamber of Commerce, business owners, residents and management companies to seek the following: a national chain (middle to upper level) restaurant; businesses to fill vacancies, conduct a survey of residents to determine what businesses would be best for the City" — ongoing. C:/O'Connor questioned if the Council's Chamber Subcommittee meets with the Chamber Economic Development Subcommittee. DCM/DeStefano responded that the Chamber Subcommittee has been inactive until just recently --the last three months or so --and they have met only with City staff, CM/Lowry and him. C:/O'Connor explained that the Council has a Chamber Liaison Subcommittee (C/Zirbes and C/Chang) and wondered if that Subcommittee was also included in the Chamber Economic Development Committee in the meetings. C/Zirbes responded "no." MAY 13, 2003 PAGE 11 CITY COUNCIL In response to C/O'Connor, DCM/DeStefano stated that the City was and continues to administer the program by policy. According to the Code, the sign can be in foreign characters with the appropriate translation. In response to C/Chang, DCM/DeStefano explained that Diamond Bar's code is fine in terms of the Pomona case because it is being done for public safety purposes. M/Herrera concluded that staff continues to work with the City Attorney on this matter and Council looks forward to a recommendation for resolution in June. Objective - Look into the creation of an "uptown" or "downtown" area. DCM/DeStefano said that this is an ongoing issue in terms of trying to create Landmarks within the community. Some suggestions have been to add street furniture, streetlights, pavement treatment, etc. There is very little opportunity in terms of new development projects to do this type of thing. Staff indicated that the focus should be on the two sites earlier mentioned as an opportunity to create a sense of place — at Grand Ave. and Diamond Bar Blvd. or the Kmart/Vons area. The way to accomplish this is to select a couple of locations within the City for placement of flags and other types of defining characteristics. M/Herrera stated that the Grand Ave. and Diamond Bar Blvd. area offered the greatest opportunity because it was probably the most frequently visited area. DCM/DeStefano said that other cities have done it by working with development of new areas. Unfortunately, it is difficult for Diamond Bar because of the land and lack of resources. However, it is not impossible, it will just take longer to figure out how to get it done. CM/Lowry asked Council if it saw this as a way of securing the value of its community by encouraging areas to go this route with similar foliage or similar signage, etc. The Council would have to determine this as a way for Diamond Bar to keep its value over the next 20 years so that when a site goes up for sale or rehabilitation, there would be some kind of overlay zone or district concept in place. That is a long-term planning idea. "Uptown—Downtown" -- what does that mean to Council. She speculated as to the vision, aesthetically and physically, that should be set for the future. MPT/Huff commented that even though it would look nicer and people might feel better about it, he did not agree that "spiffing up" Grand Ave. and Diamond Bar Blvd. would make a difference. He cited various locations where ambiance could be created, the golf course or possibly in the Tres Hermanos area. C/O'Connor noticed that some stores have small outside seating areas. Some of the businesses in The Country Hills Towne Center have attempted to do that so they are destination points. She felt the best place to try it would be at The Country Hills Towne Center so that there could be an effort toward upgrading the center and making it a place people wanted to shop. MAY 13, 2003 PAGE 12 CITY COUNCIL C/Zirbes agreed that presently there is no continuity in the City. He agreed with DCM/DeStefano that the obvious sites for such opportunity would be Site D or the hospital property, as well as the Country Hills Towne Center building perhaps an "underground structure". He didn't see a need for labeling "uptown -downtown" because other centers provide the same basic level of service. C/Chang said that he was not so concerned about the concept of "uptown/downtown." Diamond Bar needs a dynamic, quality shopping center that offers good theater, quality restaurants, and family entertainment. He indicated that the best location was at the corner of Grand Ave. and Diamond Bar Blvd. M/Herrera commented that "Uptown/Downtown" was just a concept. The City is looking for some place with ambiance. She commented that the golf course was an ideal spot, that it had a lot of potential. C/O'Connor offered that the Objective could be changed from "Uptown/Downtown" to create a "destination area." Council concurred. Objective - Work with County for possible acquisition of the Diamond Bar Golf Course. DCM/DeStefano said that the objective is to work with the County toward acquiring the golf course for some other purpose. There are a number of opportunities for this one -mile -of -freeway -frontage at Grand Ave., about 170 acres. The key is finding a suitable replacement site for the County golf course, most likely within the same Supervisorial District. The City is not actively marketing the area, rather, looking at it as a future project. Objective - Evaluate Site "D". DCM/DeStefano said that this item should be rolled into Economic Development on Page 2. Goal: Establish An All -Encompassing Beautification Plan Objective - Improve slope maintenance by implementing comprehensive plans for both slope beautification/maintenance and medians. CSD/Rose stated that a draft ordinance is currently being presented to the Planning Commission in an attempt to define the rating standards of slopes presented to the Council about a year ago. Additionally, there are other items in various stages of completion. - Plans and specs for Brea Canyon Cutoff (should be completed by fall 2003). - Entry statement at Temple Ave. and Diamond Bar Blvd. CSD/Rose stated that basic survey work had been completed. The next step is to MAY 13, 2003 PAGE 13 CITY COUNCIL approach the property owners and make sure they concur with the project. The entry project is proposed for the southeast corner. The north side of Temple Ave. was landscaped through District 38 funding. In response to C/O'Connor, CSD/Rose confirmed that the area belongs to the property owners. If the project proceeds and the property owners concur, the City would assume maintenance of the area through an easement, budgeted through District 38. Although the survey included two properties, the City may want to incorporate only one property. Grand Ave. median project (across from the Honda dealership). The City of Industry agreed to allow Diamond Bar to do the project. Most of the project can be accomplished using District 38 funds but there's a small section in Industry and that has to be General Fund monies. Once the State Budget is approved, staff will have a better perspective as to the project's completion. In response to C/O'Connor, CSD/Rose confirmed that the City of Industry is not interested in participating in funding this project. - Diamond Bar Blvd. between Maple Hill and Mountain Laurel (District 38), a project to remove the asphalt and landscape the area. Plans and specs are just about ready. - Pathfinder at Evergreen Springs (similar to the aforementioned project) — The residents have indicated that they would like the canary island pine trees and the oleanders removed and replaced with landscaping similar to that in the area of Golden Springs and Ballena. CSD/Rose said he would like to complete the project before school starts. - Brea Canyon Rd. at Gerndal — a small parkway between the sidewalk and the street to dress up the entry to the residential neighborhood. - Golden Springs at Adel — a small parkway between the sidewalk and the street to dress up the entry to the residential neighborhood. The above projects are ongoing. CM/Lowry suggested that the Council might consider bringing forward another set of beautification projects for next year. Ob'ective - Develop repair program (research funding programs/opportunities to assist low to moderate income families with improvements). CM/Lowry reported that the Neighborhood Improvement Subcommittee has done its job. The home improvement program funded through the CDBG allocation is in place and an amount is being planned for the next year's allocation of CDBG funds. There are five projects currently being worked on with another 11 on the waiting list. MAY 13, 2003 PAGE 14 CITY COUNCIL In keeping with the repair program, DCM/DeStefano has been working with DBIA to try and find use of the set-aside funding for the Paint The Town that will meet the requirements and avoid the lead-based paint issue. M/Herrera expressed concern in not keeping the item in the goals and objectives, it may be overlooked in the future. C/Zirbes said that the program has actually been completed so the item could be deleted. Ivl/Herrera indicated that her concern included monitoring also. C/Chang suggested the goal be to Monitor the Program — Council concurred. Objective - Adopt slopes on major roads and/or possibly provide funding assistance; staff to prepare list of options. CSD/Rose stated that the first project is the slope on Temple Ave. that was previously discussed. He referred Council to the OTHER NOTES section --to conduct a feasibility study to determine the funding mechanism to fund the adoption of private property slopes. District 38 is getting to the point that it will probably not be able to expand beyond what is contemplated; the question would then be whether to increase the assessment or drop additional projects. CSD/Rose confirmed to C/O'Connor that an increase in the assessment would have to be approved by a vote of the people. Staff would recommend that if the Council wanted to pursue funding for additional projects, a feasibility study should take place to determine the City's capabilities. CM/Lowry suggested this be placed on a long- term list and include it under a number of categories. Management would seek Council's advice on a policy decision — are we going to stop improving or are we going to ask for voter -approved funding. C/O'Connor said a third option would be to ask the homeowners to start maintaining their properties. MPT/Huff suggested that if a citizen decided to pay for slope maintenance, the City could provide a sign indicating "Slope Maintained by Joe Cajg;en," similar to what CalTrans does. Obiective: Clean up freeway entrances and improve slopes into City (work with CalTrans). PWD/Liu reported that CalTrans maintains a minimum level of service within their right-of-way. With additional anticipated budget shortfalls, staff continues to voice dissatisfaction but does not expect improvement. If a funding source can be identified, Diamond Bar would need an agreement with the State. C/O'Connor asked PWD/Liu to add to the list of complaints to CalTrans to cleanup under the SR60 overpass at Golden Springs by Peterson Park. MPT/Huff stated that the freeway areas should be cleaned up once or twice a week instead of once or twice a month. CM/Lowry pointed out that this is an ongoing monitoring issue that should remain on the list. As opportunities arise, they need to be added to the list. MAY 13, 2003 PAGE 15 CITY COUNCIL C/O'Connor asked if the cleanup and beautification effort could include the freeway Nide of Golden Springs west of the Golf Course to Brea Canyon, suggesting trees be included. PWD/Liu responded "absolutely." At the end of the four-year HOV project, if there is any left over money, additional landscaping with irrigation could be installed in those areas, as well as replacement of the chain link fence with the vinyl coated product, similar to that around the golf course. C/Chang pointed out that the northbound SR 57 slopes are over grown with weeds and should be maintained. Regarding the "Other Notes Section" - Conduct a feasibility study to determine funding mechanism to fund clean-up, improvement and maintenance of freeway Entrances and adjacent slopes. It was determined that this would be a lower priority item. Obiective. Enforce City codes and ordinances Citywide in an equitable manner and on weekends. Continue discussion of this item until DCM/DeStefano is present. Obiective: Initiate educational program and/or ordinance for gardeners related to blowing of debris into streets. C/Zirbes said that one of the most controversial issues for the City in this past year was street sweeping. Diamond Bar is attempting to keep the streets clean and avoiding debris from flowing into the storm drains. There was brief discussion on the use of blowers by gardeners and clean-up responsibilities. C/Zirbes indicated that many cities have ordinances requiring gardeners to have permits to do business in the city. C/O'Connor suggested an article in The City News would assist in educating the community. MPT/Huff concurred. Objective. Develop a comprehensive ordinance to require shopping centers to Enforce and remove temporary signs (i.e. political signs) from shopping centers (identify groups or individuals who will work with private property owners to remove unauthorized signs on private property if City cannot; require letters of approval from shopping centers to be on file at City Hall; if no letter on file, staff or shopping center has to remove within 48 hours); possibly establish permit system for sign companies. Continued until DCM/DeStefano is present. MAY 13, 2003 PAGE 16 CITY COUNCIL Objective - Continue to plant more trees around the City. CSD/Rose reported that staff is developing a sidewalk street tree maintenance program document. The intent is to bring the document to Council for feedback as to when to remove trees, etc. M/Herrera inquired as to replacement of the sidewalk in the vicinity of Chuck -e - Cheese at Brea Canyon Rd. and Pathfinder as the ficus trees are causing damage. CSD/Rose said it was an ongoing issue and a matter of time until the tree roots again caused the pavement to elevate. M/Herrera said it is nice to enter a city that has nice large old growth trees but is it feasible to maintain the trees at such a cost. CSD/Rose said that is the issue — what does Council want the City to look like in 20 years. If the City continues to remove a tree to redo a sidewalk, in a few years, the canopy would be removed. CSD/Rose briefly explained the homeowners' and city's responsibilities and liability issues with the trimming and removal of trees, as well as replacement of sidewalk. C/O'Connor commented on the unsightliness of asphalt patches for sidewalks. CSD/Rose reported that rubber sidewalks come in a variety of colors and patterns including a brick pattern that residents seemed to like. M/Herrera said she would be interested in revising the policy and seeing what the City could do to preserve its trees. C/O'Connor agreed. Removal of trees can devastate an area. M/Herrera did not realize removing trees could make such a big change. MPT/Huff encouraged staff to save the trees if at all possible. M/Herrera asked staff to frame a policy and provide the Council with suggestions. C/Chang asked staff to include proposed types of trees and possible root barriers. Objective: Enact a comprehensive investigation into the City's infrastructure (i.e. conditions of sewers, etc.). CM/Lowry explained that there are varying opinions on whether or not the infrastructure reporting requirements of GASB34 affects a City's credit rating. In her opinion, this is something that should be done because one of the City's assets is its financial position and another asset is that it has award-winning financial statements. Thus, the Council can be certain its accounting is accurate. The part that is to her even more interesting is the discussion about sewers. C/O'Connor said that this morning's paper had an article that discussed Glendora raising their water rates 50% to 300% over the next few years in order to meet the infrastructure needs for their water lines. CM/Lowry said that although the sewers were never given to Diamond Bar when it incorporated, the County says they will become Diamond Bar's sewers in terms of ownership. Even though the County has been taking the money to maintain the MAY 13, 2003 PAGE 17 CITY COUNCIL sewers, when it is time to replace the sewers, it will be Diamond Bar's problem. Council should keep this in mind in terms of planning for the future. PWD/Liu said that last year, residents were notified about an increase in sewer service charge. In the notice to the residents, the County indicated two separate fees — money for ongoing operations and money for rehab. With the upcoming EPA mandate, it falls to cities to rehab their own infrastructure. Staff will continue to monitor the situation. CM/Lowry pointed out that the Pavement Management System will be an ongoing "business as usual" item. The third piece of the investigation of the infrastructure would be the GIS Implementation. PWD/Liu stated that, additionally, the State 'Vater Board has mandated that cities have to participate in the production of a statewide GIS inventory system. Staff is looking into a system that will meet State and County requirements. Objective: Develop sidewalk/curb replacement fund. C/O'Connor questioned if this item includes fixing the closed Grand Ave. sidewalk by the golf course. DCM/DeStefano indicated that the City would be taking care of that. PWD/Liu explained that the problem is the CalTrans signal -controller and the sidewalk has to be done at the same time. Staff will coordinate that. CM/Lowry said that staffs position is that it has ongoing use of either Gas Tax or CDBG monies. Typically, these funds have been used every year to do sidewalks; what is the necessity of a replacement fund. MPT/Huff said his thought about this item was that when trees cause sidewalks to buckle, these monies could be used to mitigate the state of disrepair. That is different from upgrade projects. This was intended to be a totally separate item for repair matters only. C/O'Connor agreed. Brief discussion continued as to necessities for dedicated monies, and tree and sidewalk replacement fees. FD/Magnuson said that line -item budget appropriations fall back into the General F=und at the end of the year and the monies are re -budgeted on an annual basis. This offsets any proliferation of specialized areas. She recommended an all- encompassing infrastructure fund, or add a line -item for sidewalk maintenance. Council agreed to add a line -item for sidewalks. Further, it was determined to preserve trees that are damaging sidewalks and that DCM/DeStefano would bring back a policy. MAY 13, 2003 PAGE 18 CITY COUNCIL Objective - Develop entry signs that display the different service clubs within the City. C/O'Connor said she has received requests from many service organizations for City entry signs that promote their businesses. She would like to see the City develop some type of display. Council voiced concern about how many signs would be needed at one entrance. MPT/Huff suggested this be in the "when we have money" column. C/O'Connor said the service organizations would pay for it. DCM/Doyle suggested listing the service organizations on a rotational basis on the bulletin board at Diamond Bar Honda. M/Herrera said she would like to see at least one sign. Objective - Build a permanent stage at Sycamore Canyon Park. C/Chang commented that a permanent stage be constructed at Sycamore Canyon Park due to the Concerts in the Park event every summer. CSD/Rose reported that a permanent stage would alter the ambiance and usefulness of the park and that the portable stage is put up once at the beginning of the summer and taken down at the end of the summer. Council concurred to remove this item. Objective - Enforce City codes and ordinances citywide in an equitable manner and on weekends. DCM/DeStefano said that some of the objective had been accomplished (the brochures and the re -direction of the code enforcement efforts, hiring a City Prosecutor). Staff is experiencing more property maintenance issues. "Combo" inspectors are anticipated to broaden code enforcement work beyond zoning. C/O'Connor expressed dismay at the number of sandwich -boards and temporary signs that crop up around the City on the weekends. DCM/DeStefano said that with the use of the City prosecutor, staff is close to taking cases to court, citing three or four businesses that refuse to comply with fundamental property maintenance issues. In the event of economic hardship or physical handicap, service clubs are enlisted to assist in the event residents. C:/O'Connor cited violations that the Community Services Officer (CSO) could concentrate on when not occupied, and suggested that an awareness campaign can be conducted. Discussion ensued to give warning tickets, the amount of the fine, the weekend enforcement, staggered hours, overtime pay, as well as the array of signage in the medians on the weekend. MAY 13, 2003 PAGE 19 CITY COUNCIL DCM/DeStefano said the City could go back to doing all of those things. Objective - Develop a comprehensive ordinance to require shopping centers to Enforce and remove temporary signs, etc. DCM/DeStefano explained that the Planning Commission is looking at a draft proposal this evening for potential changes to about eight different areas of the City's Code. The Commission may continue the matter to a later meeting, bringing the matter to the City Council sometime late June or early July. Goal - Improve Communications with citizens and expand or enhance customer service. Objective - Improve communication/public relations with residents. C/O'Connor said that these items have become a part of staff's ongoing occurrence. Council concurred that these matters were included in PIM/Blakey's ongoing job description. Objective - Establish departmental procedures for returning calls within 24 hours; staff to draft letters for Council in response to community letters (letters responded to within 72 hours); conduct customer service training for staff. DCM/Doyle reported that staff is in the process of implementing the approved CRM program, tracking correspondence and attaining a 72 -hour turnaround time. All letters to the City could be input into a tracking system and the information regarding numbers and response time would be available for Council to consider. Staff requested clarification as to Council's intent relating to correspondence responses; i.e. draft for Council or City Manager signature. It was suggested that an acknowledgement letter be sent indicating the staff member assigned the responsibility. Further, Council would receive copies of all responses, with a copy of the initial request/concern attached. Objective - Utilize DBTV for public service announcements and videos; define usage of DBTV by community organizations; utilize channel to enhance communications with residents; monitor audio/sound issue related to live City Council broadcasts. PIM/Blakey said that since the City has taken over the programming for DBTV, her ongoing goals include monitoring the sound and looking into more ways to add and upgrade programming. Objective - Involve residents in establishing goals/objectives (possibly with survey/flyer). Council agreed to remove this item. MAY 13, 2003 PAGE 20 CITY COUNCIL Objective - Expand e -government capabilities. DCM/Doyle reported that the program is currently being fine tuned and will be operational in about a month. Objective - Establish a 24 hour kiosk in lobby to conduct City services. PIM/Blakey reported this would be available to the public in the very near future. Objective - Keep website current in content and technology. PIM/Blakey reported this is an on-going process. Objective - Inform residents of needed permits. DCM/DeStefano reported that this program would include articles in the City's News, as well as informational brochures available upon request, and can be viewed on the City's website. Ob'ective - Establish programs with local school districts. DCS/Rose commented that this, as well as the mentorship program, would be incorporated in the Youth Master Plan. Objective - Establish "Mayor/Council Member for a day" program. Objective - Establish internship program. CM/Lowry commented that the City has this type of program in place. Ob'ective - Establish mentorship program This is combined with the local school districts programs. Coal: 1) Pursue and promote joint development/use of facilities, parks and open space w/PUSD and WBUSD (coordinate duplicate policies such as for tennis courts and basketball courts), 2) obtain Larkstone Park agreement 3) Implement protect ja portion of the park could be utilized as a natural "laboratory" for the local schools, colleges and universities. Qbjective - Compile list of properties desired for parks/open space; develop plan and financial method for possible acquisition. Objective - Implement Trails Master Plan (includes developing a landscape area overlooking Sycamore Canyon Park)- CSD/Rose commented that staff is currently seeking a grant that would incorporate this plan. MAY 13, 2003 PAGE 21 CITY COUNCIL Objective - Consider development of a sports complex (work with property owners school districts, surrounding cities and counties to purchase property and/or enter into joint use agreement to develop complex which includes a gymnasium, swimming pool and sports fields). Previously discussed. Objective - Build basketball courts, gazebos and benches in each park, as well as initiate flower planting projects. CSD/Rose reported that there is a neighborhood meeting at Starshine Park this Evening. One of the topics is the ADA retrofit of the park, as well as acquiring the residents' input regarding installation of a double half -court with the baskets in the middle. Regarding gazebos, two shelters are being constructed at Pantera Park and two at Sycamore Canyon Park; all should be completed by fall 2003. MPT/Huff asked about the Tamaya memorial. CSD/Rose indicated that that is being considered as part of the overlook at Sycamore. C/O'Connor stated that Mrs. Tamaya indicated that she would be in favor of installation of a bench and trees in the trail in Sycamore with the remaining funds to go toward purchase of a Community Foundation tile. CSD/Rose explained that there are places that are like platforms overlooking the canyon from the trailhead with two benches. Two donations are to be made: one is in memory of Hal Sturim and the other is in memory of Steve Tamaya. Staff hopes to have this completed by July 3rd Obiective - Establish youth advisory committee. CM/Lowry asked if this item could be removed from the goals and objectives list and tie included in the Youth Master Plan. Council concurred. Objective - Establish and design memorial area for veterans — included in Community/Senior Center construction — remove from list. Regarding the memorial area for Veterans, DCM/Doyle stated that three flagpoles with a bronze plaque has been envisioned for that area. Council agreed that this item can be removed. MAY 13, 2003 PAGE 22 CITY COUNCIL Goal: Develop Long and Short -Term Strategic Solutions to Various Traffic and Transportation Issues which impact City residents. Objective - Computerized Signal Management System run by City, not County (Interconnect Master Plan). PWD/Liu stated that the City is about 80% connected to the Interconnect with the County. There is an opportunity to work with the County on a Signal Management System which has been in progress for the last couple of years. The conceptual design will be completed by the end of this year with the actual design estimated to be completed by 2004 and implementation will begin. The City has informed the County that it wants ultimate local control and we have been assured that that can happen. In response to MPT/Huff, PWD/Liu indicated that the funding is still intact for this project. Once the system is built, operation and maintenance costs may have to be absorbed by the cities. MPT/Huff asked what the decision-making process would be for the location of the regional center. PWD/Liu stated that the County's consultant's priority is to negotiate a site. There are still some remaining issues concerning location of the center. This matter will continue to be ongoing for a while. Objective - Pursue/monitor traffic solutions (Four Corners Plan) — ongoing. Objective - Support ACE funding requests and construction of nearby rail -grade crossing projects. CSD/Rose explained that the comment has to do with landscaping and irrigation improvement plans. PWD/Liu reported that the grade separation design has been delayed for at least one year. With both design and funding issues now, the project will be delayed for at least two more years. MPT/Huff said that funding may be available from the Highway 10 carpool lane project. MTA staff suggested they can come up with the money to replace what the Governor removed from the Congestion Management Relief Fund. And if they don't, there is an alternate plan to pull the money out of the car pool lane (the COG's idea) that was scheduled with the 10 freeway project. CM/Lowry indicated that this activity will remain on the Goals list for a while. Objective -Study feasibility of hiring a consultant to study in -town shuttle service feeding park & rides, Metrolink and commercial areas — Consider "Get -About" minibus system for short trips within the City. MAY 13, 2003 PAGE 23 CITY COUNCIL IVIPT/Huff reported that Calabasas implemented a very successful City -sponsored shuttle system to pick up students after school and transport them to the library. He recommends that a similar program would be useful in Diamond Bar. C/O'Connor said that Foundation members suggested applying for a grant to administer this type of program. Council consensus was to keep this on the long-term list of Goals. Objective - Monitor State Route 60 truck lane project — ongoing, part of the Don Camph Project. Objective - Effectively and aggressively pursue resolution of citywide speeding problems. PWD/Liu reported that staff interviewed consultants and a recommendation could be ready for Council consideration in the near future. The concept is to partner with the residents to become part of the stakeholder process and identify some of the priorities. The Sheriffs Department and City staff have been dealing with neighborhood issues in a reactive manner. In response to MPT/Huff, PWD/Liu indicated that the speed hump moratorium will expire this coming August. M/Herrera stated that there should be a Study Session in July to discuss the situation. Ob'ective - Develop an in-house traffic signal synchronization system PWD/Liu reported that the City's consultant has recently completed the project, short of implementing it. It is now on hold because of CalTrans' Traffic Management Plan scheduled to be in effect over the next few years. Resources have been allocated for this fiscal year. C/Zirbes asked if the synchronization program would be somewhat flexible and fluid. PWD/Liu responded "absolutely." There is going to be on-going speeding enforcement, but with the surge of traffic, it is not known exactly how the CalTrans construction project will impact City streets. C:/Zirbes stated that once detour routes are known, staff could program the signals to work with the new detour route that CalTrans is establishing. The SR57/60 HOV project presents an opportunity to test the system to change the dynamics as needed. Obmiective - Provide bike lanes along Grand Ave. and Brea Canyon Rd. in order to connect to surrounding cities. PWD/Liu reported that Grand Ave. was too heavily traveled to accommodate a Class II or III bike lane. The street is considered a Class I bike lane at this time. In order to accommodate five traffic lanes, Grand Ave. would lose part of its median or infringe on the residential and business aspects of the street. MAY 13, 2003 PAGE 24 CITY COUNCIL CSD/Rose pointed out that bike lane improvements were a part of the Trails Master Plan. Council concurred to strike this item and consider it a part of the Trails Master Plan. Monitor, and evaluate proposals for proposed development in areas such as Tres Hermanos, Tonner Canyon and the Shell Oil property; monitor water use in Tres Hermanos. — ongoing All items on Page 13 are to remain in the ongoing status. Review parking ordinances (including oversized commercial vehicles. RV parking and vehicles exceeding 8000 pounds) from both the County and surrounding cities and develop similar ordinances for the City to promote safety and maintain property values — ongoing Review "no parking" ordinance for street sweeping in March 2003 - completed — delete from list C/Zirbes said that he and C/Chang discussed crafting an ordinance regarding trashcans. Perhaps first-time warnings could be given out and a fine of $10 or whatever amount could be established for repeat offenders. CM/Lowry asked Council if they would like this matter agendized for July, Council concurred. Coordinate with the Post Office and Federal representatives to resolve zip code issues — ongoing. Strategic Planning Workshop CM/Lowry said that a percentage of a plan is in place. She outlined some aspects of the City's General Plan and its interpretation meeting today's standards, desires, and future expectations by the community and the City Council. Some cities create 10 -year plans that are updated every year or every two years. For their budget they create a work plan out of the master plan that goes by department and indicates completion dates. The smallest emphasis is placed on the budget. After the city has decided on the work plan, they decide how they will fund it. Also, the plans and ideas need to be in place first, then presented to the public for evaluation. DCM/DeStefano said that although the City's General Plan is almost 10 years old, that probably 90-95 percent remains to be done. He suggested that introspection would allow the Council to be amazed at how much has been done and how much is being done that ties back into the General Plan. He did not believe it was necessary for the City to spend a lot of time changing the General Plan. MAY 13, 2003 PAGE 25 CITY COUNCIL CM/Lowry commented that she viewed the General Plan as the guiding document. Explaining to the public that an item is on the goals and objectives list because it is in the General Plan is much more meaningful and empowering. DCM/DeStefano explained that everything the City does ties into the vision that helped create the General Plan. CM/Lowry said that having a recent buy -in from the constituents like Diamond Bar has on the General Plan is a good thing, a real asset. She recommended that Council and staff do everything possible to maintain that connection. CM/Lowry concurred with MPT/Huff that the City has seen a big change in demographics. Concepts about the city's character may also vary as well. CM/Lowry explained that the second goals and objectives document was resorted to coincide with the General Plan's Vision Statement — a strategic planning format document. If the Council is comfortable with the new format, it could focus on the new format at its next meeting. CM/Lowry said that Business Registration is coming back later. Industry East is never going to go away. Chamber of Commerce Contract — onaoina — eliminate. ;senior Housing Proqram/first time-buver program — eliminate. Faire a local grant writer who can assist Citv and various oraanizations DCM/Doyle said this consists of two items: the City grant writer that has been budgeted in this and the past budget year. The grant writers have worked on a number of grants, have been successful on some and not on others. Staff is recommending that this item be removed so that the grant writer could be considered as an item for the City's annual budget. The second item involved the Diamond Bar Community Foundation grant writer. Last year Council awarded $15,000 for the Foundation's grant writer services. Staff has not included this item in next year's budget and would like direction from the Council on this matter. If the Council chose to consider providing this service, it could be included in the annual budget. C:/O'Connor said she would like to see this item included in the City's budget. M/Herrera commented that (having a grant writer) was important to the success of the Foundation. MAY 13, 2003 PAGE 26 CITY COUNCIL C/O'Connor said that after a year, the Council could determine whether the Foundation could support itself. She reiterated that the Foundation wants to meet with the Council to get answers to several questions, i.e., City involvement. Currently, the City's Finance Director and City Clerk are members of the Foundation, treasurer and secretary, respectively. M/Herrera confirmed that the item should be stricken from the list, included in the budget and remain as a goal. Review Fee Schedules — completed except for Review fees for Community Services and user fees for the new Community/Senior Center. PUBLIC COMMENTS: None Offered. 2.3 FISCAL YEAR 2003-04 BUDGET — Continued to May 20, 2003 Study Session. 2.4 13UDGET DECISION PACKAGES — Continued to May 20, 2003 Study Session. CM/Lowry requested direction from Council. M/Herrera said she would like to see the decision package. C/O'Connor asked staff to provide costs for community service events. CSD/Rose responded that at the end of each event staff prepared a summary of costs. ADJOURNMENT: There being no further business to discuss, M/Herrera adjourned the meeting at 9:10 p.m. to the May 20, 2003, study session. Linda C. Lowry, City Clerk ATTEST: Carol Herrera, Mayor Agenda No. 6.1.1 MINUTES OF THE CITY COUNCIL ADJOURNED REGULAR MEETING OF THE CITY OF DIAMOND BAR MAY 13, 2003 CALL TO ORDER: Mayor Herrera called the Adjourned Regular City Council Meeting to order at 4:34 p.m. in the Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 E. Copley Dr., Diamond E3ar, CA. ROLL CALL: Council Members Chang, O'Connor, Zirbes and Mayor Herrera. Mayor Pro Tern Huff arrived at 4:55 p.m. Also present were: Linda Lowry, City Manager; James DeStefano, Deputy City Manager; David Doyle; Deputy City Manager; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Lynda Burgess, City Clerk; Kim Crews, Senior Management Analyst; Fred Alamolholda, Senior Engineer; Teresa Arevalo, Senior Management Analyst; Sharon Gomez, Management Analyst and April Blakey, Public Information Manager. 2. COUNCIL CONSIDERATION: 21.1.1 LEGISLATIVE SUBCOMMITTEE MATTERS - Report by Jim Clarke, Legislative Liaison. 2.1.1 AB 1221 (STEINBERG AND CAMPBELL) BALANCED COMMUNITIES ACT (Continued from May 6, 2003.) - Continued to May 20, 2003. Mr. Clarke reported that the hearing initially scheduled for May 14, had been postponed until the next Wednesday, May 21. If the bill does not get out of committee by the end of May 2003, it dies. The State is advocating taking away 50% of cities' sales tax revenue and replacing it with what they are calling a "property tax backfill", which would come from the Educational Revenue Augmentation fund. He briefly reported that the formula does not work for all cities and that a study conducted by Hinderliter, using 1993 to 2000 tax figures, indicated Diamond Bar would have received approximately $100,000 to $200,000 less revenue in each of those years had AB 1221 been implemented. It is a fluctuating formula that is locked -in using the property tax rate for 2004. The market is volatile and in that there is no guarantee that this legislation benefits the City, but quite the opposite. The legislation actually takes away funds allocated at the local level to use for the State's own general fund. CM/Lowry suggested that the matter be continued to Tuesday, May 20, giving Council the opportunity to review the revised material. It was noted MAY 13, 2003 PAGE 2 CITY COUNCIL that the League is adamantly opposed to the legislation and a number of cities have taken adverse positions. Mr. Clarke stated that even though the hearing was rescheduled, the City's legislative lobbyist, Gonsalves & Son, is working hard to defeat the bill. C/Zirbes was interested in moving forward but preferred to wait for MPT/Huff to arrive to the meeting. C/O'Connor was not comfortable voting on something she had not had an opportunity to study and absorb. If the balance of the Council wanted to take a vote, she would step outside. C/Chang was opposed to the legislation and stated that the State tends to resolve its problems at the expense of local government. He commented that regardless of what other cities were doing, if this Council wants to show its opposition, he would be okay with taking a vote at this time. CM/Lowry briefly explained that the State's proposal to use 2004 as its base - year allows Diamond Bar only a 50% return on any financial enticements used to encourage developments and minimize the capturing of future sales tax. The language of the bill as written is complicated beyond reason. MPT/Huff arrived at 4:55 p.m. After a brief summary of the discussion by M/Herrera, MPT/Huff commented on the benefit of hearing Sacramento's feedback first-hand citing that Sacramento was still trying to address the real problem. It just doesn't yet work for Diamond Bar. Part of the problem is the City is anticipating retail and the City is working hard to get it. If the State had a mechanism for averaging five years out instead of using the current base it would more likely capture future sales tax growth and take into account those cities that have tried to be responsible under existing laws. Neighboring cities come out on the plus side, Diamond Bar is still growing. And yet their councils have consistently fought retail growth and only included residential growth. M/Herrera said that therein lies the quandary - should Council act now or go to Sacramento and get more information and take action next Tuesday. MPT/Huff suggested that a step in the right direction would be to get away from sales tax to property tax and get feedback from Sacramento to find out whether they would be receptive to something that would work for more cities. Mr. Clarke said that if the Council waited to take action until next Tuesday, the resolution could be taken to Sacramento the next morning and presented to the offices of the Appropriations Committee members. Council concurred to continue the matter to May 20, 2001 MAY 13, 2003 PAGE 3 CITY COUNCIL :2.1.2 SB 537 (ROMERO) - SOLID WASTE MANAGEMENT (Continued from May 6, 2003) Mr. Clarke presented Council with a copy of a Resolution from the Board of Supervisors opposing SB 537. C/O'Connor talked about an article in the newspaper today which said that the City of Industry had changed the language or added them to be restricted as well. Mr. Clarke stated that the bill was amended late last night and the language has not yet been added to the legislation but that he had obtained a list of the amendments that were made. In section 44013.a, the amendment restricts the Grand Central recycling/transfer station in the City of Industry. MPT/Huff pointed out that the article indicated that Industry was willing to do that because there is a common feeling that they are trying to restrict the County landfill and not the transport station in their City. According to Los Angeles County Sanitation, there is an application by Grand Central to raise their daily transferable tonnage to 5,000 tons a day, which would be more than what is proposed for Puente Hills. The theory is that if Grand Central had obtained the new permit, they would have been able to make more money. Obviously, it was not fair and LA County decided that Grand Central would remain at the March 2001 limit of 1500 tons per day. Mr. Clarke indicated that Gonsalves would also try to kill this legislation. While it did pass out of committee with these amendments, the prognosis for the bill is not good. In response to C/O'Connor's inquiry as to why Gonsalves would attempt to kill the bill when they sent out a message to support it, Mr. Clarke responded that this was done prior to the amendments. C/O'Connor reminded Council that she took a position in favor of this bill at the Sanitation District on direction from Gonsalves' staff. In an attempt to acquire all the pertinent information relating to this bill, she suggested they study the bill more closely. Mr. Clarke said that C/O'Connor's reasoning was correct at the time. However, the bill has been stripped of everything having to do with expansion and building of new facilities, and focuses on Grand Central and Puente Hills and the amount of times that they can move in -and -out. It's a totally different bill. And it's not doing exactly what the author intended it to do. CM/Lowry said staffs recommendation would be "no action" at this point. MAY 13, 2003 PAGE 4 2.2 DISCUSSION: CITY COUNCIL GOALS AND OBJECTIVES. CITY COUNCIL M/Herrera reported that she and subcommittee member MPT/Huff agreed that Council needed to first review the goals that it adopted last year and determine how many were accomplished before determining next year's goals. CM/Lowry commented on the importance for Council to dialogue with staff as to the goals' creation, status, and how they were accomplished or not accomplished, as it is staff that has to make them happen. CITY COUNCIL GOALS WITH ONGOING OBJECTIVES FOR FY 2002-2003: CM/Lowry stated that the same format was being used as in the past, with an update in the middle column. The column on the right contains other comments that staff feels should lead us into further discussion such as to whether the matter should be carried into the next year. Staff is seeking direction from Council as to what each goal entails and are the Council and staff on the same page visioning how to carry the goal into the next year's budget or the year after that. Goal - Finalize Plans for Community/Senior Center; Commence Construction of Facility and Design Schematic Plans for Library. Objective - "Community/Senior Center" - construction is proceeding. Next year's goal would include the operations and the opening costs. Monies for opening, operations, and purchase of fixtures and furnishings were not included in the budget but will be coming to the Council in the form of a Decision Package to be presented at the next meeting. It was questioned as to Council seeing the Senior Center as remaining an objective on next year's Goals and Objectives or does Council see it being absorbed with construction of the center ending. C/Chang agreed that this goal should be refined to create a policy for use of the facility by the community and seniors. Objective - "Actively pursue alternative forms of library funding (i.e. bonds, assessment districts and state/federal grants) and hire a grant writer to search for funds; explore the cost/benefit (feasibility) of seceding from the County for Library services"- staff is recommending that the City should consider withdrawing from the County Library system and submit stand-alone grant applications. C:/Chang recommended additional study sessions to discuss this project and whether Council wanted to move forward in the pursuit of grants. In response to MPT/Huff, DCM/Doyle explained that the Goals and Objectives state that the City was looking at withdrawing from the County in August or September rather than in July in order to make sure that the bond application is substantially complete and the operating agreement is accomplished before withdrawing. Staff will be preparing to move in that direction by July. MAY 13, 2003 PAGE 5 CITY COUNCIL In response to M/Herrera regarding a Study Session to re-evaluate as to the direction the City should go, DCM/Doyle suggested that the Council wait for a couple of months. Staff has requested financial information from the County regarding the amount Diamond Bar is paying into the system and how it is being spent, as well as the revenue being generated by the City for the County. Additionally, staff needs to develop a "plan of service" for the new library in order to understand staffing needs. At that point, staff could give the information to an outside service -provider and have them cost it out. MPT/Huff concurred that it would be good to have a study session once the information had been gathered. Objective - "Develop concept of teen program" - CM/Lowry stated that staffs recommendation is to move the objective to implementation of the Youth Master Plan Goal. M/Herrera explained that, historically, when Council Members submit their goals, staff looks at the list and categorizes them. Obiective - "Study alternate uses of library site if funding fails"- CM/Lowry pointed out that, at this point, the funding has not failed so the Goal should stay on the list. DCM/Doyle also indicated that, if the City gets the funding for the new Library, the goal should include reuse of the present library site. M/Herrera commented that the Fire Department had priority over the current location. DCM/Doyle explained that the Fire Department has discussed use of the current site, but the Library District actually owns the current site. In fact, they publicly stated that the Fire Department would have to purchase the site from them. C:/O'Connor stated that the City has the money to build a library but the question is funding the operations. She inquired as to the City's ultimate intent in the event the City does get the bond. DCM/Doyle said that when the application is submitted, we will know what it would cost to operate the library and the Council and the County have to make a statement to the Bond Board that we would be running a library for 40 years. Council should have all of the operating costs up front before going into the Bond Act application process. Goal: Consider Adoption and Implementation of Economic Development and/or Strategic Plan Objective - Phase I "Identify unmet retail needs; target revitalization of existing commercial areas; attract commercial development; consider strategies with Project MAY 13, 2003 PAGE 6 CITY COUNCIL Area; prioritize commercial areas for economic development opportunities; examine the feasibility of creating a new redevelopment project area". Phase II "Consider strategies without redevelopment; utilize elements of economic plan from Kosmont study; work to pass redevelopment legislation and support other measures allocating stable funding for cities, such as through property taxes; creation of an 'Economic Assistance Program' to formulate alternative methods to finance economic development (use of money or bonds to replace lost redevelopment funding)." DCM/DeStefano said that the Redevelopment Project Area concept did not succeed. Staff conducted a roundtable discussion with business -savvy individuals in September, with the results provided to Council in October. It was apparent that focus should be placed on the two vacant pieces of property in the City - Site D and the hospital site, and The Country Hills Towne Center, as well as focus on Kmart. This has evolved into a continuing quest for a grocery store at Country Hills and possible uses in the future that may be residential rather than retail. Site D is being considered by the School District as a possible site for freeway oriented/neighborhood shopping center to fill existing voids in that area. DCM/DeStefano responded to C/O'Connor that about two years ago, Council wanted to look at Site D as a freeway -oriented retail commercial opportunity. It is important for Council to either affirm or redirect this position as staff intends to market the site as a 20 -acre potential for a retail project at the upcoming National Developers Conference. At this point, the City's position is that the site should be retail. DCM/DeStefano commented that the School District is interested in more residential and at this point it may or may not offer a compromise. MPT/Huff stated that the school district was interested in maximizing the dollar and felt it would be through housing. C:/O'Connor questioned the City's intent to market the property without knowing the School District's intentions. DCM/DeStefano responded that there is an opportunity being currently vacant, and staff would like to capture that opportunity in the current "hot" market. Staff knows of significant sales tax producers that want to locate on Site D; even though the property owner is not interested, the City is, in marketing the property. The same thing holds true for a couple of other sites in the City, such as the Walnut Valley trailer site. M/Herrera said that one of the reasons the City is aggressively marketing these sites is that the City needs $1,000,000 in new sales tax in order to be in a position to afford the ongoing maintenance for the new Community/Senior Center and Library. C/O'Connor said that a number of residents have proposed that Site D be considered for location of a sports complex. MAY 13, 2003 PAGE 7 CITY COUNCIL DCM/DeStefano reiterated the importance for staff to know Council's direction so that marketing energies are maximized for potential developers, as well as staff. Staff could focus its energies on other sites in the City for a sports complex. C/Chang, in response to C/O'Connor, stated that the property owner for Site D doesn't really care what type of facilities go onto the site, they are looking for funds in the area of $15,000,000 and $18,000,000. He could certainly understand the community's desire to have a swimming pool, a sports complex, but everything has a priority and the current priority is the Community/Senior Center and the Library. He commented that it was important for the City to focus on finding commercial retail solutions for its vacant property in order to ensure an ongoing revenue stream and provide a more secure financial future for the City. The administration fee of the Community/Senior Center has been projected at $750,000 and the Library cost would double that. Regardless, it is estimated that the City needs approximately $1,000,000 more in annual income to cover these costs. DCM/DeStefano commented that there is also an opportunity to develop a retail center on the current Calvary Chapel property. Staff was focusing on the hospital piece just above it and that appears to be leaning toward a residential opportunity with a small office development. There is more interest on the bottom portion of the property for retail, and there is a well-known developer with an exclusive to do the development. That portion of the four sites has shifted a bit but in a positive direction. Staff sees this as an ongoing objective so that the City can move on to revitalizing some of the centers. CM/Lowry said she didn't know whether the feasibility of creating a new redevelopment project area would continue to be carried forward with the State's unraveling of redevelopment and sales tax benefits. DCM/DeStefano said staff would recommend deleting this item because the climate is unfavorable. Both sides are working hard to cause redevelopment to go away or make it so onerous that it's not worth pursuing in project areas. In addition, it is difficult to produce enough blight in this City to meet the test to generate enough revenue to support creation of a project area. CM/Lowry said the City made a big step by creating the Financing Authority and that was part of her concern regarding AB 1221. The City committed itself to having funds on hand to do economic development, and, if it was going to end up that the City was not going to get its portion of sales tax out of it, the City would have to change considerably its approach on nearly everything. This would include the first phase on how the City was going to develop the properties. Obiei ctive - "Establish supermarket for Country Hills Towne Center and/or south end." DCM/DeStefano stated that C/Zirbes has helped to coordinate, through his contacts, business meetings with members of that business -industry. As a result, staff has spoken with about 20 different grocery store operators that have stores in this MAY 13, 2003 PAGE 8 CITY COUNCIL marketplace, with limited success. Staff is hoping to gain interest in that center at the International Council of Shopping Centers conference. It also appears that a grocery store could be a significant portion of a Site D development because it's a site above the street and even with a lot of grading, and it's a corner location. If that happens, staff would look for a higher -end use with the same kind of regional advertising on a weekly basis, the same kind of high customer counts that a grocery store provides. This would also be done for the Country Hills Center. C/Zirbes said Site D is a prime piece of freeway real estate that the objective should be to put the market in Country Hills rather than creating another center of the same type on Site D. Even with the site's grade difficulties, getting a market back into the Center would be beneficial because it would satisfy the need at the south end of town and would open up the opportunity for sales tax generating businesses on Site D. The School District seems determined to have a retail center at Site D. He would like to see a sports complex there as much as anyone else but we don't have $15 million to build it. C/Chang stated that the community wanted a high-end shopping center and restaurant available and that Site D would offer the highest and best use site for such a project. It's been nearly impossible to attract a grocery store to the Towne Center because of competition with Wal-Mart. M/Herrera understood that the Council concurred that Site D should be commercial. CM/Lowry confirmed that pursuit of a supermarket for the Country Hills Towne Center would remain an ongoing item. Objective - Conduct a business town forum/open house to discuss business/economic development. DCM/DeStefano confirmed that a portion of this has been completed. Staff is uncertain as to what the Council intended for a town forum/open house. C:/O'Connor suggested that one idea for a town forum/open house would be to display maps of the City's shopping areas and ask what the residents had in mind for development, revamping, etc. DCM/DeStefano said that this may have been appropriate a year or two ago but may not be appropriate today. It would be staffs recommendation to remove that section of the item from the list. C:/O'Connor pointed out that the City's view of the type of development that would generate sales tax may completely differ from the residents' view of the type of uses they would like to see. CM/Lowry said that staff discussed the Council's desires, as well as, possible differences in balancing the desires of the consumer against those of a fiscal manager. Those desire may completely compete with each other. It may be contrary to quality of life, perhaps, but it would be in keeping with the goal to make the most prudent commercial decisions. C/O'Connor stated given a choice of a Home Depot or a sports complex at Site D, she believes the residents would choose the sports complex. DCM/Doyle questioned the revenue source that would be needed for this type project. MAY 13, 2003 PAGE 9 CITY COUNCIL M/Herrera pointed out that if the City does not bring in the $500,000 tax base that Home Depot represents, the City won't have the money to be able to afford the 'Youth Master Plan, or a sports complex or, even worse would be to build it without the money to operate it. C/Chang commented that a business complex could provide various types of entertainment as well as retail in a center that has good freeway exposure. At this time, people spend money in other cities to get entertainment and services. DCM/DeStefano said that with a high sales tax producer, Diamond Bar would reap the reward, or it could go in an adjacent City and Diamond Bar would get nothing. We could do the same with a sports complex or some sort of athletic facility. The City could put it in an athletic facility on a big -box site, or it could locate it on an adjacent piece of property by entering into a joint -City effort. At least Diamond Bar would have the opportunity to capture base revenue to run the facility with the limited land the City has left. He explained that Diamond Bar has Industry-property on three sides and they have thousands of vacant acres that present an opportunity for some of the other kinds of uses that are needed, and have been asked for, but don't generate revenue, thus leaving Diamond Bar with the land to generate the revenue to help pay for it. MPT/Huff said that some of this discussion represents an opportunity for educating the residents. They have identified where they would like to see the sports complex if cost were no object but the reality is, cost is an object. The best way to get the amenities is to develop the revenue streams. M/Herrera requested Council's pleasure as to staffs recommendation to deleting the objective "conduct a business town forum/open house". C/Chang pointed out that he did not want to jeopardize the relationship with the Chamber of Commerce. M/Herrera gave assurance that Diamond Bar regards the Chamber as part of its family, however the item will be deleted. CM/Lowry said that even with the removal of this item from the list, the first item at the top of page 3 would ensure C/Chang's objective. Objective - "Work with the Chamber of Commerce, business owners, residents and management companies to seek the following: a national chain (middle to upper level) restaurant; businesses to fill vacancies, conduct a survey of residents to determine what businesses would be best for the City" - ongoing. C:/O'Connor questioned if the Council's Chamber Subcommittee meets with the Chamber Economic Development Subcommittee. DCM/DeStefano responded that the Chamber Subcommittee has been inactive until just recently--the last three months or so--and they have met only with City staff, CM/Lowry and him. C:/O'Connor explained that the Council has a Chamber Liaison Subcommittee (C/Zirbes and C/Chang) and wondered if that Subcommittee was also included in the Chamber Economic Development Committee in the meetings. C/Zirbes responded "no." MAY 13, 2003 PAGE 11 CITY COUNCIL In response to C/O'Connor, DCM/DeStefano stated that the City was and continues to administer the program by policy. According to the Code, the sign can be in foreign characters with the appropriate translation. In response to C/Chang, DCM/DeStefano explained that Diamond Bar's code is fine in terms of the Pomona case because it is being done for public safety purposes. M/Herrera concluded that staff continues to work with the City Attorney on this matter and Council looks forward to a recommendation for resolution in June. Objective - Look into the creation of an "uptown" or "downtown" area. DCM/DeStefano said that this is an ongoing issue in terms of trying to create landmarks within the community. Some suggestions have been to add street furniture, streetlights, pavement treatment, etc. There is very little opportunity in terms of new development projects to do this type of thing. Staff indicated that the focus should be on the two sites earlier mentioned as an opportunity to create a sense of place - at Grand Ave. and Diamond Bar Blvd. or the KmartNons area. The way to accomplish this is to select a couple of locations within the City for placement of flags and other types of defining characteristics. M/Herrera stated that the Grand Ave. and Diamond Bar Blvd. area offered the greatest opportunity because it was probably the most frequently visited area. DCM/DeStefano said that other cities have done it by working with development of new areas. Unfortunately, it is difficult for Diamond Bar because of the land and lack of resources. However, it is not impossible, it will just take longer to figure out how to get it done. CM/Lowry asked Council if it saw this as a way of securing the value of its community by encouraging areas to go this route with similar foliage or similar signage, etc. The Council would have to determine this as a way for Diamond Bar to keep its value over the next 20 years so that when a site goes up for sale or rehabilitation, there would be some kind of overlay zone or district concept in place. That is a long-term planning idea. "Uptown-Downtown" -- what does that mean to Council. She speculated as to the vision, aesthetically and physically, that should be set for the future. MPT/Huff commented that even though it would look nicer and people might feel better about it, he did not agree that "spilling up" Grand Ave. and Diamond Bar Blvd. would make a difference. He cited various locations where ambiance could be created, the golf course or possibly in the Tres Hermanos area. C/O'Connor noticed that some stores have small outside seating areas. Some of the businesses in The Country Hills Towne Center have attempted to do that so they are destination points. She felt the best place to try it would be at The Country Hills Towne Center so that there could be an effort toward upgrading the center and making it a place people wanted to shop. MAY 13, 2003 PAGE 12 CITY COUNCIL C/Zirbes agreed that presently there is no continuity in the City. He agreed with DCM/DeStefano that the obvious sites for such opportunity would be Site D or the hospital property, as well as the Country Hills Towne Center building perhaps an "underground structure". He didn't see a need for labeling "uptown -downtown" because other centers provide the same basic level of service. C/Chang said that he was not so concerned about the concept of "uptown/downtown." Diamond Bar needs a dynamic, quality shopping center that offers good theater, quality restaurants, and family entertainment. He indicated that the best location was at the corner of Grand Ave. and Diamond Bar Blvd. M/Herrera commented that "Uptown/Downtown" was just a concept. The City is looking for some place with ambiance. She commented that the golf course was an ideal spot, that it had a lot of potential. C/O'Connor offered that the Objective could be changed from "Uptown/Downtown" to create a "destination area." Council concurred. Objective - Work with County for possible acquisition of the Diamond Bar Golf Course. DCM/DeStefano said that the objective is to work with the County toward acquiring the golf course for some other purpose. There are a number of opportunities for this one -mile -of -freeway -frontage at Grand Ave., about 170 acres. The key is finding a suitable replacement site for the County golf course, most likely within the same Supervisorial District. The City is not actively marketing the area, rather, looking at it as a future project. Objective - Evaluate Site "D". DCM/DeStefano said that this item should be rolled into Economic Development on Page 2. Goal: Establish An All -Encompassing Beautification Plan Objective - Improve slope maintenance by implementing comprehensive plans for both slope beautification/maintenance and medians. CSD/Rose stated that a draft ordinance is currently being presented to the Planning Commission in an attempt to define the rating standards of slopes presented to the Council about a year ago. Additionally, there are other items in various stages of completion. Plans and specs for Brea Canyon Cutoff (should be completed by fall 2003). Entry statement at Temple Ave. and Diamond Bar Blvd. CSD/Rose stated that basic survey work had been completed. The next step is to MAY 13, 2003 PAGE 13 CITY COUNCIL approach the property owners and make sure they concur with the project. The entry project is proposed for the southeast corner. The north side of Temple Ave. was landscaped through District 38 funding. In response to C/O'Connor, CSD/Rose confirmed that the area belongs to the property owners. If the project proceeds and the property owners concur, the City would assume maintenance of the area through an easement, budgeted through District 38. Although the survey included two properties, the City may want to incorporate only one property. Grand Ave. median project (across from the Honda dealership). The City of Industry agreed to allow Diamond Bar to do the project. Most of the project can be accomplished using District 38 funds but there's a small section in Industry and that has to be General Fund monies. Once the State Budget is approved, staff will have a better perspective as to the project's completion. In response to C/O'Connor, CSD/Rose confirmed that the City of Industry is not interested in participating in funding this project. - Diamond Bar Blvd. between Maple Hill and Mountain Laurel (District 38), a project to remove the asphalt and landscape the area. Plans and specs are just about ready. - Pathfinder at Evergreen Springs (similar to the aforementioned project) - The residents have indicated that they would like the canary island pine trees and the oleanders removed and replaced with landscaping similar to that in the area of Golden Springs and Ballena. CSD/Rose said he would like to complete the project before school starts. - Brea Canyon Rd. at Gerndal - a small parkway between the sidewalk and the street to dress up the entry to the residential neighborhood. - Golden Springs at Adel - a small parkway between the sidewalk and the street to dress up the entry to the residential neighborhood. The above projects are ongoing. CM/Lowry suggested that the Council might consider bringing forward another set of beautification projects for next year. Obiective - Develop repair program (research funding programs/opportunities to assist low to moderate income families with improvements). CM/Lowry reported that the Neighborhood Improvement Subcommittee has done its job. The home improvement program funded through the CDBG allocation is in place and an amount is being planned for the next year's allocation of CDBG funds. There are five projects currently being worked on with another 11 on the waiting list. MAY 13, 2003 PAGE 14 CITY COUNCIL In keeping with the repair program, DCM/DeStefano has been working with DBIA to try and find use of the set-aside funding for the Paint The Town that will meet the requirements and avoid the lead-based paint issue. M/Herrera expressed concern in not keeping the item in the goals and objectives, it may be overlooked in the future. C/Zirbes said that the program has actually been completed so the item could be deleted. M/Herrera indicated that her concern included monitoring also. C/Chang suggested the goal be to Monitor the Program - Council concurred. Objective - Adopt slopes on major roads and/or possibly provide funding assistance; staff to prepare list of options. CSD/Rose stated that the first project is the slope on Temple Ave. that was previously discussed. He referred Council to the OTHER NOTES section --to conduct a feasibility study to determine the funding mechanism to fund the adoption of private property slopes. District 38 is getting to the point that it will probably not be able to expand beyond what is contemplated; the question would then be whether to increase the assessment or drop additional projects. CSD/Rose confirmed to C/O'Connor that an increase in the assessment would have to be approved by a vote of the people. Staff would recommend that if the Council wanted to pursue funding for additional projects, a feasibility study should take place to determine the City's capabilities. CM/Lowry suggested this be placed on a long- term list and include it under a number of categories. Management would seek Council's advice on a policy decision - are we going to stop improving or are we going to ask for voter -approved funding. C/O'Connor said a third option would be to ask the homeowners to start maintaining their properties. MPT/Huff suggested that if a citizen decided to pay for slope maintenance, the City could provide a sign indicating "Slope Maintained by Joe Citizen," similar to what CalTrans does. Obiective: Clean up freeway entrances and improve slopes into City (work with CalTrans). PWD/Liu reported that CalTrans maintains a minimum level of service within their right-of-way. With additional anticipated budget shortfalls, staff continues to voice dissatisfaction but does not expect improvement. If a funding source can be identified, Diamond Bar would need an agreement with the State. C/O'Connor asked PWD/Liu to add to the list of complaints to CalTrans to cleanup under the SR60 overpass at Golden Springs by Peterson Park. MPT/Huff stated that the freeway areas should be cleaned up once or twice a week instead of once or twice a month. CM/Lowry pointed out that this is an ongoing monitoring issue that should remain on the list. As opportunities arise, they need to be added to the list. MAY 13, 2003 PAGE 15 CITY COUNCIL C/O'Connor asked if the cleanup and beautification effort could include the freeway side of Golden Springs west of the Golf Course to Brea Canyon, suggesting trees be included. PWD/Liu responded "absolutely." At the end of the four-year HOV project, if there is any left over money, additional landscaping with irrigation could be installed in those areas, as well as replacement of the chain link fence with the vinyl coated product, similar to that around the golf course. C/Chang pointed out that the northbound SR 57 slopes are over grown with weeds and should be maintained. Regarding the "Other Notes Section" - Conduct a feasibility study to determine funding mechanism to fund clean-up, improvement and maintenance of freeway entrances and adjacent slopes. It was determined that this would be a lower priority item. Objective. Enforce City codes and ordinances Citywide in an equitable manner and on weekends. Continue discussion of this item until DCM/DeStefano is present. Objective: Initiate educational program and/or ordinance for gardeners related to blowing of debris into streets. C/Zirbes said that one of the most controversial issues for the City in this past year was street sweeping. Diamond Bar is attempting to keep the streets clean and avoiding debris from flowing into the storm drains. There was brief discussion on the use of blowers by gardeners and clean-up responsibilities. C/Zirbes indicated that many cities have ordinances requiring gardeners to have permits to do business in the city. C/O'Connor suggested an article in The City News would assist in educating the community. MPT/Huff concurred. Objective. Develop a comprehensive ordinance to require shopping centers to enforce and remove temporary signs (i.e. political signs) from shopping centers (identify groups or individuals who will work with private property owners to remove unauthorized signs on private property if City cannot; require letters of approval from shopping centers to be on file at City Hall; if no letter on file, staff or shopping center has to remove within 48 hours); possibly establish permit system for sign companies. Continued until DCM/DeStefano is present. MAY 13, 2003 PAGE 16 Objective - Continue to plant more trees around the City. CITY COUNCIL (:SD/Rose reported that staff is developing a sidewalk street tree maintenance program document. The intent is to bring the document to Council for feedback as to when to remove trees, etc. M/Herrera inquired as to replacement of the sidewalk in the vicinity of Chuck -e - Cheese at Brea Canyon Rd. and Pathfinder as the ficus trees are causing damage. CSD/Rose said it was an ongoing issue and a matter of time until the tree roots again caused the pavement to elevate. M/Herrera said it is nice to enter a city that has nice large old growth trees but is it feasible to maintain the trees at such a cost. CSD/Rose said that is the issue - what does Council want the City to look like in 20 years. If the City continues to remove a tree to redo a sidewalk, in a few years, the canopy would be removed. CSD/Rose briefly explained the homeowners' and city's responsibilities and liability issues with the trimming and removal of trees, as well as replacement of sidewalk. C/O'Connor commented on the unsightliness of asphalt patches for sidewalks. CSD/Rose reported that rubber sidewalks come in a variety of colors and patterns including a brick pattern that residents seemed to like. M/Herrera said she would be interested in revising the policy and seeing what the City could do to preserve its trees. C/O'Connor agreed. Removal of trees can devastate an area. M/Herrera did not realize removing trees could make such a big change. MPT/Huff encouraged staff to save the trees if at all possible. M/Herrera asked staff to frame a policy and provide the Council with suggestions. C/Chang asked staff to include proposed types of trees and possible root barriers. Objective: Enact a comprehensive investigation into the City's infrastructure (i.e. conditions of sewers, etc.). CM/Lowry explained that there are varying opinions on whether or not the infrastructure reporting requirements of GASB34 affects a City's credit rating. In her opinion, this is something that should be done because one of the City's assets is its financial position and another asset is that it has award-winning financial statements. Thus, the Council can be certain its accounting is accurate. The part that is to her even more interesting is the discussion about sewers. C/O'Connor said that this morning's paper had an article that discussed Glendora raising their water rates 50% to 300% over the next few years in order to meet the infrastructure needs for their water lines. CM/Lowry said that although the sewers were never given to Diamond Bar when it incorporated, the County says they will become Diamond Bar's sewers in terms of ownership. Even though the County has been taking the money to maintain the MAY 13, 2003 PAGE 17 CITY COUNCIL sewers, when it is time to replace the sewers, it will be Diamond Bar's problem. Council should keep this in mind in terms of planning for the future. PWD/Liu said that last year, residents were notified about an increase in sewer service charge. In the notice to the residents, the County indicated two separate fees - money for ongoing operations and money for rehab. With the upcoming EPA mandate, it falls to cities to rehab their own infrastructure. Staff will continue to monitor the situation. CM/Lowry pointed out that the Pavement Management System will be an ongoing "business as usual" item. The third piece of the investigation of the infrastructure would be the GIS Implementation. PWD/Liu stated that, additionally, the State Water Board has mandated that cities have to participate in the production of a statewide GIS inventory system. Staff is looking into a system that will meet State and County requirements. Objective: Develop sidewalk/curb replacement fund. C/O'Connor questioned if this item includes fixing the closed Grand Ave. sidewalk by the golf course. DCM/DeStefano indicated that the City would be taking care of that. PWD/Liu explained that the problem is the CalTrans signal -controller and the sidewalk has to be done at the same time. Staff will coordinate that. CM/Lowry said that staffs position is that it has ongoing use of either Gas Tax or CDBG monies. Typically, these funds have been used every year to do sidewalks; what is the necessity of a replacement fund. MPT/Huff said his thought about this item was that when trees cause sidewalks to buckle, these monies could be used to mitigate the state of disrepair. That is different from upgrade projects. This was intended to be a totally separate item for repair matters only. C/O'Connor agreed. Brief discussion continued as to necessities for dedicated monies, and tree and sidewalk replacement fees. FD/Magnuson said that line -item budget appropriations fall back into the General Fund at the end of the year and the monies are re -budgeted on an annual basis. This offsets any proliferation of specialized areas. She recommended an all- encompassing infrastructure fund, or add a line -item for sidewalk maintenance. Council agreed to add a line -item for sidewalks. Further, it was determined to preserve trees that are damaging sidewalks and that DCM/DeStefano would bring back a policy. MAY 13, 2003 PAGE 18 CITY COUNCIL Objective - Develop entry signs that display the different service clubs within the City. C/O'Connor said she has received requests from many service organizations for City entry signs that promote their businesses. She would like to see the City develop some type of display. Council voiced concern about how many signs would be needed at one entrance. MPT/Huff suggested this be in the "when we have money" column. C/O'Connor said the service organizations would pay for it. DCM/Doyle suggested listing the service organizations on a rotational basis on the bulletin board at Diamond Bar Honda. M/Herrera said she would like to see at least one sign. Objective - Build a permanent stage at Sycamore Canyon Park. C/Chang commented that a permanent stage be constructed at Sycamore Canyon Park due to the Concerts in the Park event every summer. CSD/Rose reported that a permanent stage would alter the ambiance and usefulness of the park and that the portable stage is put up once at the beginning of the summer and taken down at the end of the summer. Council concurred to remove this item. Objective - Enforce City codes and ordinances citywide in an equitable manner and on weekends. DCM/DeStefano said that some of the objective had been accomplished (the brochures and the re -direction of the code enforcement efforts, hiring a City Prosecutor). Staff is experiencing more property maintenance issues. "Combo" inspectors are anticipated to broaden code enforcement work beyond zoning. C/O'Connor expressed dismay at the number of sandwich -boards and temporary signs that crop up around the City on the weekends. DCM/DeStefano said that with the use of the City prosecutor, staff is close to taking cases to court, citing three or four businesses that refuse to comply with fundamental property maintenance issues. In the event of economic hardship or physical handicap, service clubs are enlisted to assist in the event residents. C/O'Connor cited violations that the Community Services Officer (CSO) could concentrate on when not occupied, and suggested that an awareness campaign can be conducted. Discussion ensued to give warning tickets, the amount of the fine, the weekend enforcement, staggered hours, overtime pay, as well as the array of signage in the medians on the weekend. MAY 13, 2003 PAGE 19 CITY COUNCIL DCM/DeStefano said the City could go back to doing all of those things. Objective - Develop a comprehensive ordinance to require shopping centers to enforce and remove temporary signs, etc. DCM/DeStefano explained that the Planning Commission is looking at a draft proposal this evening for potential changes to about eight different areas of the City's Code. The Commission may continue the matter to a later meeting, bringing the matter to the City Council sometime late June or early July. Goal - Improve Communications with citizens and expand or enhance customer service. Objective - Improve communication/public relations with residents. C/O'Connor said that these items have become a part of staffs ongoing occurrence. Council concurred that these matters were included in PIM/Blakey's ongoing job description. Objective - Establish departmental procedures for returning calls within 24 hours; staff to draft letters for Council in response to community letters (letters responded to within 72 hours); conduct customer service training for staff. DCM/Doyle reported that staff is in the process of implementing the approved CRM program, tracking correspondence and attaining a 72-hour turnaround time. All letters to the City could be input into a tracking system and the information regarding numbers and response time would be available for Council to consider. Staff requested clarification as to Council's intent relating to correspondence responses; i.e. draft for Council or City Manager signature. It was suggested that an acknowledgement letter be sent indicating the staff member assigned the responsibility. Further, Council would receive copies of all responses, with a copy of the initial request/concern attached. Objective - Utilize DBTV for public service announcements and videos; define usage of DBTV by community organizations; utilize channel to enhance communications with residents; monitor audio/sound issue related to live City Council broadcasts. PIM/Blakey said that since the City has taken over the programming for DBTV, her ongoing goals include monitoring the sound and looking into more ways to add and upgrade programming. Objective - Involve residents in establishing goals/objectives (possibly with survey/flyer). Council agreed to remove this item. MAY 13, 2003 PAGE 20 Objective - Expand e-government capabilities. CITY COUNCIL DCM/Doyle reported that the program is currently being fine tuned and will be operational in about a month. Objective - Establish a 24 hour kiosk in lobby to conduct City services. PIM/Blakey reported this would be available to the public in the very near future. Objective - Keep website current in content and technology. PIM/Blakey reported this is an on-going process. Objective - Inform residents of needed permits. DCM/DeStefano reported that this program would include articles in the City's News, as well as informational brochures available upon request, and can be viewed on the City's website. Objective - Establish programs with local school districts. DCS/Rose commented that this, as well as the mentorship program, would be incorporated in the Youth Master Plan. Objective - Establish "Mayor/Council Member for a day" program. Objective - Establish internship program. CM/Lowry commented that the City has this type of program in place. Objective - Establish mentorship program This is combined with the local school districts programs. Goal: 1) Pursue and promote joint development/use of facilities, parks and open space w/PUSD and WBUSD (coordinate duplicate policies such as for tennis courts and basketball courts), 2) obtain Larkstone Park agreement, 3) Implement protect La portion of the park could be utilized as a natural "laboratory" for the local schools, colleges and universities. Objective - Compile list of properties desired for parks/open space; develop plan and financial method for possible acquisition. Objective - Implement Trails Master Plan (includes developing a landscape area overlooking Sycamore Canyon Park). C:SD/Rose commented that staff is currently seeking a grant that would incorporate this plan. MAY 13, 2003 PAGE 21 CITY COUNCIL Objective - Consider development of a sports complex (work with property owners school districts, surrounding cities and counties to purchase property and/or enter into joint use agreement to develop complex which includes a gymnasium, swimming pool and sports fields). Previously discussed. Objective - Build basketball courts, gazebos and benches in each park, as well as initiate flower planting projects. CSD/Rose reported that there is a neighborhood meeting at Starshine Park this evening. One of the topics is the ADA retrofit of the park, as well as acquiring the residents' input regarding installation of a double half -court with the baskets in the middle. Regarding gazebos, two shelters are being constructed at Pantera Park and two at Sycamore Canyon Park; all should be completed by fall 2003. MPT/Huff asked about the Tamaya memorial. CSD/Rose indicated that that is being considered as part of the overlook at Sycamore. C/O'Connor stated that Mrs. Tamaya indicated that she would be in favor of installation of a bench and trees in the trail in Sycamore with the remaining funds to go toward purchase of a Community Foundation tile. CSD/Rose explained that there are places that are like platforms overlooking the canyon from the trailhead with two benches. Two donations are to be made: one is in memory of Hal Sturim and the other is in memory of Steve Tamaya. Staff hopes to have this completed by July 3rd. Objective - Establish youth advisory committee. CM/Lowry asked if this item could be removed from the goals and objectives list and be included in the Youth Master Plan. Council concurred. Objective - Establish and design memorial area for veterans - included in Community/Senior Center construction - remove from list. Regarding the memorial area for Veterans, DCM/Doyle stated that three flagpoles with a bronze plaque has been envisioned for that area. Council agreed that this item can be removed. MAY 13, 2003 PAGE 22 CITY COUNCIL Goal: Develop Long and Short -Term Strategic Solutions to Various Traffic and Transportation Issues which impact City residents. Objective - Computerized Signal Management System run by City, not County (Interconnect Master Plan). PWD/Liu stated that the City is about 80% connected to the Interconnect with the County. There is an opportunity to work with the County on a Signal Management System which has been in progress for the last couple of years. The conceptual design will be completed by the end of this year with the actual design estimated to be completed by 2004 and implementation will begin. The City has informed the County that it wants ultimate local control and we have been assured that that can happen. In response to MPT/Huff, PWD/Liu indicated that the funding is still intact for this project. Once the system is built, operation and maintenance costs may have to be absorbed by the cities. MPT/Huff asked what the decision-making process would be for the location of the regional center. PWD/Liu stated that the County's consultant's priority is to negotiate a site. There are still some remaining issues concerning location of the center. This matter will continue to be ongoing for a while. Objective - Pursue/monitor traffic solutions (Four Corners Plan) - ongoing. Objective - Support ACE funding requests and construction of nearby rail -grade crossing projects. CSD/Rose explained that the comment has to do with landscaping and irrigation improvement plans. PWD/Liu reported that the grade separation design has been delayed for at least one year. With both design and funding issues now, the project will be delayed for at least two more years. MPT/Huff said that funding may be available from the Highway 10 carpool lane project. MTA staff suggested they can come up with the money to replace what the Governor removed from the Congestion Management Relief Fund. And if they don't, there is an alternate plan to pull the money out of the car pool lane (the COG's idea) that was scheduled with the 10 freeway project. CM/Lowry indicated that this activity will remain on the Goals list for a while. Objective -Study feasibility of hiring a consultant to study in -town shuttle service feeding park & rides, Metrolink and commercial areas - Consider "Get -About" minibus system for short trips within the City. MAY 13, 2003 PAGE 23 CITY COUNCIL MPT/Huff reported that Calabasas implemented a very successful City -sponsored shuttle system to pick up students after school and transport them to the library. He recommends that a similar program would be useful in Diamond Bar. C/O'Connor >aid that Foundation members suggested applying for a grant to administer this type of program. Council consensus was to keep this on the long-term list of Goals. Objective - Monitor State Route 60 truck lane project - ongoing, part of the Don Camph Project. Objective - Effectively and aggressively pursue resolution of citywide speeding problems. PWD/Liu reported that staff interviewed consultants and a recommendation could be ready for Council consideration in the near future. The concept is to partner with the residents to become part of the stakeholder process and identify some of the priorities. The Sheriffs Department and City staff have been dealing with neighborhood issues in a reactive manner. In response to MPT/Huff, PWD/Liu indicated that the speed hump moratorium will expire this coming August. M/Herrera stated that there should be a Study Session in July to discuss the situation. Objective - Develop an in-house traffic signal synchronization system. PWD/Liu reported that the City's consultant has recently completed the project, short of implementing it. It is now on hold because of CalTrans' Traffic Management Plan scheduled to be in effect over the next few years. Resources have been allocated for this fiscal year. C/Zirbes asked if the synchronization program would be somewhat flexible and fluid. PWD/Liu responded "absolutely." There is going to be on-going speeding enforcement, but with the surge of traffic, it is not known exactly how the CalTrans construction project will impact City streets. C/Zirbes stated that once detour routes are known, staff could program the signals to work with the new detour route that CalTrans is establishing. The SR57/60 HOV project presents an opportunity to test the system to change the dynamics as needed. Objective - Provide bike lanes along Grand Ave. and Brea Canyon Rd. in order to connect to surrounding cities. PWD/Liu reported that Grand Ave. was too heavily traveled to accommodate a Class II or III bike lane. The street is considered a Class I bike lane at this time. In order to accommodate five traffic lanes, Grand Ave. would lose part of its median or infringe on the residential and business aspects of the street. MAY 13, 2003 PAGE 24 CITY COUNCIL CSD/Rose pointed out that bike lane improvements were a part of the Trails Master Plan. Council concurred to strike this item and consider it a part of the Trails Master Plan. Monitor and evaluate proposals for proposed development in areas such as Tres Hermanos, Tonner Canyon and the Shell Oil property; monitor water use in Tres Hermanos. - ongoing All items on Page 13 are to remain in the ongoing status. Review parking ordinances (including oversized commercial vehicles, RV parking and vehicles exceeding 8000 pounds) from both the County and surrounding cities and develop similar ordinances for the City to promote safety and maintain property values - ongoing Review "no parking" ordinance for street sweeping in March 2003 - completed - delete from list C/Zirbes said that he and C/Chang discussed crafting an ordinance regarding trashcans. Perhaps first-time warnings could be given out and a fine of $10 or whatever amount could be established for repeat offenders. CM/Lowry asked Council if they would like this matter agendized for July, Council concurred. Coordinate with the Post Office and Federal representatives to resolve zip code issues - ongoing. Strategic Planning Workshop CM/Lowry said that a percentage of a plan is in place. She outlined some aspects of the City's General Plan and its interpretation meeting today's standards, desires, and future expectations by the community and the City Council. Some cities create 10-year plans that are updated every year or every two years. For their budget they create a work plan out of the master plan that goes by department and indicates completion dates. The smallest emphasis is placed on the budget. After the city has decided on the work plan, they decide how they will fund it. Also, the plans and ideas need to be in place first, then presented to the public for evaluation. DCM/DeStefano said that although the City's General Plan is almost 10 years old, that probably 90-95 percent remains to be done. He suggested that introspection would allow the Council to be amazed at how much has been done and how much is being done that ties back into the General Plan. He did not believe it was necessary for the City to spend a lot of time changing the General Plan. MAY 13, 2003 PAGE 25 CITY COUNCIL CM/Lowry commented that she viewed the General Plan as the guiding document. Explaining to the public that an item is on the goals and objectives list because it is in the General Plan is much more meaningful and empowering. DCM/DeStefano explained that everything the City does ties into the vision that helped create the General Plan. CM/Lowry said that having a recent buy-in from the constituents like Diamond Bar has on the General Plan is a good thing, a real asset. She recommended that Council and staff do everything possible to maintain that connection. CM/Lowry concurred with MPT/Huff that the City has seen a big change in demographics. Concepts about the city's character may also vary as well. CM/Lowry explained that the second goals and objectives document was resorted to coincide with the General Plan's Vision Statement - a strategic planning format document. If the Council is comfortable with the new format, it could focus on the new format at its next meeting. CM/Lowry said that Business Registration is coming back later. Industry East is never going to go away. Chamber of Commerce Contract - ongoing - eliminate. Senior Housing Program/first time-buyer program - eliminate. Hire a local grant writer who can assist City and various organizations DCM/Doyle said this consists of two items: the City grant writer that has been budgeted in this and the past budget year. The grant writers have worked on a number of grants, have been successful on some and not on others. Staff is recommending that this item be removed so that the grant writer could be considered as an item for the City's annual budget. The second item involved the Diamond Bar Community Foundation grant writer. Last year Council awarded $15,000 for the Foundation's grant writer services. Staff has not included this item in next year's budget and would like direction from the Council on this matter. If the Council chose to consider providing this service, it could be included in the annual budget. C:/O'Connor said she would like to see this item included in the City's budget. M/Herrera commented that (having a grant writer) was important to the success of the Foundation. MAY 13, 2003 PAGE 26 CITY COUNCIL C/O'Connor said that after a year, the Council could determine whether the Foundation could support itself. She reiterated that the Foundation wants to meet with the Council to get answers to several questions, i.e., City involvement. Currently, the City's Finance Director and City Clerk are members of the Foundation, treasurer and secretary, respectively. M/Herrera confirmed that the item should be stricken from the list, included in the budget and remain as a goal. Review Fee Schedules - completed except for Review fees for Community Services and user fees for the new Community/Senior Center. PUBLIC COMMENTS: None Offered. 2.3 FISCAL YEAR 2003-04 BUDGET - Continued to May 20, 2003 Study Session. 2.4 BUDGET DECISION PACKAGES - Continued to May 20, 2003 Study Session. CM/Lowry requested direction from Council. M/Herrera said she would like to see the decision package. C/O'Connor asked staff to provide costs for community service events. CSD/Rose responded that at the end of each event staff prepared a summary of costs. ADJOURNMENT: There being no further business to discuss, M/Herrera adjourned the meeting at 9:10 p.m. to the May 20, 2003, study session. Linda C. Lowry, City Clerk ATTEST: Carol Herrera, Mayor Agenda No. 6.1.2 CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION MAY 20, 2003 STUDY SESSION: Mayor Herrera called the Study Session to order at 5:07 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 E. Copley Dr., Diamond Bar, CA. Present: Council Members Chang, O'Connor, Zirbes, Mayor Pro Tem/Huff and Mayor Herrera Also Present were: Linda Lowry, City Manager; Mike Jenkins, City Attorney; David Doyle, Deputy City Manager; David Liu, Public Works Director; Bob Rose, Community Services Director; Lynda Burgess, City Clerk; April Blakey, Public Information Manager; Lt. Joe Maxey, Walnut/Diamond Bar Sheriff; Deputy Mark St.Amant, Walnut/Diamond Bar Sheriff; Fred Alamoholda, Senior I=ngineer; Teresa Arevalo, Sr. Management Analyst, and Susan Full, Accountant II. ► Fiscal Year 2003-04 Budget ► Public Comments 1) Fiscal Year 2003-04 Budget CM/Lowry stated that the agenda package budget packet contains FD/Magnuson's adjustments to the budget document. Sheet No. 3 shows the current estimated resources and current estimated appropriations with transfers out for the capital improvement funds at the bottom (2.4 million dollars). Not included is the Councils' salary adjustment. Behind the budget document are the available decision packages C/O'Connor had pertinent questions about changes in the detail document summarized by the aforementioned sheets. The last document in front of the agenda is the decision package summary. These were the items that staff would have brought forward for discussion and have not been included in the budget document. CM/Lowry explained that the first report is the long-awaited Community/Senior I;enter plan for operations and set up for furniture and fixtures; the second report is an expansion of the Senior Excursion Program; the third report is an increase in staff personnel by replacing a consulting contract; the fourth report is a re - appropriation of the additional funds to continue expansion of services to On Line; fifth report is the Strategic Planning program that was addressed at the last meeting; Information Systems Report, a management support to the existing information systems in place of hiring a higher level management person on staff MAY 20, 2003 PAGE 2 CC STUDY SESSION the City would contract management services, and last, a proposed capital improvement plan for the parks department. If the capital improvement plan is removed, which for the most part is funded by special funds, this is an additional budget request for $1,040,000; $90,000 would be funded by AB939 and $60,000 is from AB 2766 money for the information systems to increase On Line services. COMMUNITY/SENIOR CENTER COSTS/BUDGET CSD/Rose stated that for purposes of this exercise, staff has estimated an opening date for the Community/Senior Center of March 1, 2004. Even if the center opened prior to that date, there would be a certain amount of startup time. Staff anticipates that operation of the center would utilize several existing staff members in primary full-time positions with some changes to their classifications. i.e., one of the Recreation Supervisor positions would be promoted to Recreation Supervisor II. That person would continue fulfilling their current responsibilities and would have the additional responsibility of overseeing the Community/Senior Center and its staff. That position would take effect July 1, 2003, in order to give the employee an opportunity to begin gearing up to assume the position. A Community Service Coordinator position would be replaced by a Recreation Specialist position effective July 1, 2003. The existing Parks and Maintenance Superintendent position would be downgraded to a Parks and Maintenance Supervisor position on January 1, 2004, upon retirement of the current Parks and Maintenance Superintendent on December 31, 2003. The Office Assistant II would transfer from the City Hall office to the Community/Senior Center office at the appropriate time. The Community Service Leader II (75% position) would be transferred to the Community/Senior Center to assist with its operation. That position would be back-filled with a 20 -hour position with no benefits to work in the Tiny Tots program. The $4,740.39 is the cost for the backfill position for Tiny Tots for the period March 1, 2004 through June 30, 2004. The Community Service Leader II position is a new position — 50 percent non -benefit position that would assist with the programming for the Community/Senior Center. The other part-time positions would be Park Maintenance Helper II and Park Maintenance Helper I, which are positions that would be filled on an as -needed basis. The 17 part-time positions represent six full-time equivalents. Iervices and Supplies — CSD/Rose reported that the following dollar amounts are for the period March 1, 2004 through June 30, 2004: Janitorial Service $26,640; Landscape Maintenance - $5,000; cleaning supplies - $3,500; utilities (based on pro -rated cost of Heritage Community Center) $44,721.90; miscellaneous maintenance fees contingency $3,330; staff orientation training $6,000; marketing and promotional $45,000; Capital Outlay (one-time costs — furniture & fixtures) $354,195. MAY 21), 2003 PAGE 3 CC STUDY SESSION CSD/Rose stated that staff has discussed the possibility of allowing Mt. SAC to have senior programs on-site. In exchange, Mt. SAC would provide the teachers, computers and maintenance at no charge to the City. Diamond Bar wants to be certain that the computers would be available for other adult programs and activities with no strings attached. DCM/Doyle responded to C/Chang that there is no real stage lighting for theatrical -type performances. There will be a raised platform and some lighting associated with that but not to performance -theater quality. Additionally, there is no drop-down closing curtain. It does include a drop-down projector with two alcoves to each side of the platform. CSD/Rose said that the salary benefit amount is $799,341.89. He conservatively estimated annual revenues of $170,000 and estimated only 10 percent of that amount for the first three months. The net cost estimated to open the facility and operate the facility for the first four months is $220,319.87. Without the one-time FF&E costs, the estimated annual cost to run the facility would be about $683,154.15, including full- and part-time staff and no revenue offset. C/Zirbes said it appeared that the majority of cost was salaries. He requested confirmation that existing staff that was included in the budget would be moved from City Hall to the Community/Senior Center. CSD/Rose explained that staff members will move from City Hall to the Community/Senior Center and those vacancies left at City Hall would not be filled. C/Zirbes said that in looking at the annual maintenance, the salaries would not be an additional amount but in fact, would be transferred from other departments. In looking at the differences it would appear that it is well under $100,000. CSD/Rose affirmed that all of the salaries fall within the Community Services Department budget. C/O'Connor asked if CSD/Rose knew what the actual net (excluding current salaries) would be to run the Community/Senior Center. CSD/Rose said that the $683,154.15 less $170,000 anticipated revenue and the current salaries, the net - net is $292,000. M/Herrera was assured that there was sufficient office and counter space to house City personnel at the Community/Senior Center. E=XPANSION OF THE SENIOR EXCURSION PROGRAM CM/Lowry said the bottom line is that there is no cost to the General Fund. The difference between the fees and cost is supported by Prop A monies. This report indicates how the program would be expanded which would increase the budget for the program by $16,250. MAY 20, 2003 PAGE 4 CC STUDY SESSION CSD/Rose affirmed the net effect of the expansion is explained that bus transportation costs qualify within excursion extends beyond those boundaries, the cost increased to cover the cost of the transportation. zero. Additionally, he certain areas. If the to the participants is REQUEST TO CREATE AN ADDITIONAL SENIOR MANAGEMENT ANALYST POSITION CM/Lowry explained that the person filling this position would report to the Public Works Division and have oversight of AB939 reporting requirements. Cost offset would occur by reducing the environmental consulting services currently provided by J. Michael Hulls. Net bottom line is no expense to the General Fund. This is an internal management device created to bring more resources in-house and to increase the ability to do more tasks in the public works area. This item includes a part-time front counter person to improve customer service. ONLINE SERVICES DEVELOPMENT DCM/Doyle reported that staff has done an e -government master plan. Staff is in the process of implementing two online services. Web site cleanup is near completion. Next year staff will attempt to do another online service, yet to be determined. Staff would like to set aside monies out of the AB2766 fund for whatever service is considered. Potential services include online transit pass sales, and online building and safety permitting applications. SUPPORT FOR INFORMATION SYSTEMS DCM/Doyle explained that it has been very helpful to have a part-time IS intern on board that can fix minor computer equipment problems so that MISTech/DeFriend can be available to handle more involved assignments. More importantly, monies should be set aside for outsourcing. His idea is to have an (- Team manager to help determine what types of online services to engage and help in the coordination. The City was fortunate to have Civic Resource Group dedicated to implement the Parks and Rec reservation system through the contract for the e -government program. The City was also fortunate that they were in-house when staff was moving forward with the City's Web site and CRM Solution selection. Civic Resource Group was used for both of those items at almost no cost to the City. As the City moves forward into this application, an expert in the field is needed. DCM/Doyle confirmed that money for this item would come from the General Fund. MAY 21), 2003 PAGE 5 CC STUDY SESSION COMMUNITY STRATEGIC PLANNING PROGRAM CM/Lowry explained that this is a goal staff would like to bring forward that creates more tangible measurements for Council to identify staffs performance in meeting goals. Creating measurement criteria for the departments allows Council the mechanism to identify staffs improvement. COMMUNITY SERVICES DIVISION WISH LIST $2.6 million CSD/Rose said that $20,000 is from the General Fund and the rest is from donations and other types of funding. C/O'Connor questioned how easily these funds could be acquired. CSD/Rose explained that all of the funds on the Proposed CIP Program — Community Services list were available except for the donation ($75,000). The only question on the Prop 40 money is that the state has not yet appropriated those funds. However, the funds are committed to the City of Diamond Bar, receipt of the funds has not been determined. He inquired if the the list reflected the way the Council would like to see the funds utilized. M/Herrera asked if the Parks and Recreation Commission participated in the makeup of the list. CSD/Rose said not entirely. Next week would be an ideal time to discuss the list during the joint meeting. The Phase III ADA Improvements at Sycamore Canyon Park is totally supported by the P&R Commission. They support the Trail & Trailhead Improvements at Sycamore Canyon Park. There are mixed reviews on the artificial turf at Lorbeer -- they want to see much tighter language with the Pomona Unified School District before funds are committed to that facility. The Commission has received conceptual plan updates for the ADA Improvements at Starshine Park. The Commission had not received a report on the total cost, so this item should be discussed. The neighborhood meeting occurred one week ago and staff received a lot of worthwhile input from the community. He guessed the Commission would be supportive. The Summitridge Park restrooms, tot Lot, and drinking fountain have been removed. The question is whether the City should bring in portables until Council has decided how to use the property on a long-term basis. If the intent is to leave it as a ballfield and grass area, it makes sense to construct permanent facilities. There is a myriad of possibilities and other options to be considered before a commitment is made. M/Herrera commented that $650,000 was a lot to spend for artificial turf. CSD/Rose responded that artificial turf would provide a playable surface. For example, the recent soccer tournament pointed out the need for ongoing maintenance of the sod. He said he had no confidence that if the City spent MAY 20, 2003 PAGE 6 CC STUDY SESSION money laying in turf that it would be maintained any better than it is now - it would just be turned into a dirt field again. $650,000 is about a 10-12 year commitment. At the end of that period, another layer of artificial turf would give the field a 20- 24 year use at half the cost to do it the second time. It ends up costing about a million dollars to provide an excellent 20-25 year facility. IO/Herrera asked if the City planned any activities at Lorbeer. CSD/Rose said that the City does not conduct any recreational programs at Lorbeer and only schedules reservations. If the City wanted to pursue a joint -use agreement for other portions of the Lorbeer campus, it would give the City opportunities to recoup some value. C/O'Connor stated that the value was in the use of the field by youth organizations such as Pop Warner, AYSO, etc. The City is making a facility available for the youth even though the City might not have direct use. It would be similar to Paul C. Grow Park. The City owns that facility and the City maintains it. C/Zirbes asked what the annual cost would be to maintain the lower portion of the Lorbeer field. CSD/Rose responded that to redo the field would probably cost in the neighborhood of $150,000 to $200,000 and about $15,000 to maintain. C/Zirbes asked if the youth organizations pay the City to use the fields. CSD/Rose said that the only fee the organizations pay is for the cost of the restrooms. C/O'Connor stated that at one time AYSO offered to maintain the field. M/Herrera asked if the school district would allow artificial turf. CSD/Rose said that during initial discussions school board members felt there was value in putting down artificial turf. However, the discussion has not entered the "nuts and bolts" phase. In response to C/Chang, CSD/Rose indicated the total in the Parks Development Fund was about 2.6 million dollars. CSD/Rose explained what the proposed Phase III ADA Improvement at Sycamore Canyon Park would entail. He offered to bring the renderings to the joint meeting. 10PT/Huff asked the size of the meeting room at Heritage Park and other questions about the Summitridge Park proposed facility. CSD/Rose responded that the size of the entire building is 3,400 square feet. The meeting area consumes about 1,750 square feet. The ADA Retrofit at Sycamore will create a larger meeting room. He anticipated ping-pong and other types of activities would occur in that location, as well as group meetings, childcare, etc. There are a variety of opportunities available for the facility MAY 20, 2003 PAGE 7 CC STUDY SESSION He did not think the facility would conflict with the center at Summitridge Park. It is in a different part of town and offers different options. The Community/Senior Center would lend itself to a completely different type of programming. The immediate availability of the Sycamore Canyon Park facility was important. Sycamore Canyon Park is the largest public space owned by the City. The majority of the improvements will significantly upgrade the park. The building offers a quality space for the summer daycare program and would be attractive to other organizations. The facility increases the number of restrooms that are important during activities such as Concerts in the Park. MPT/Huff said his concern was that the City was creating a lot more space at the Community/Senior Center and now more space is being created at Sycamore Canyon Park that would use a big chunk of the Parks Development fund. He questioned how staff was planning to pay for this prior to shifting it back to the Community fund. CSD/Rose said that staff was under the impression that CDBG money would be available. The priority for that money has changed and staff saw this as an opportunity. 10PT/Huff commented that Council should look at the overall picture. It seemed to him there was a big need for a park complex for soccer in town. If there was space for such a facility it would, in his opinion, be a better use of the money rather than re-creating space while creating new space in the Community/Senior Center. IO/Herrera said she would feel more comfortable receiving community input as to whether or not they would like to have the City proceed with these items. These are precious dollars. Once the money is spent, it is gone. She asked if the rest of the Council was comfortable with the list or did they want to hold off on these particular specific items. MPT/Huff said the slopes needed to be done. C/Zirbes noted that Summitridge Park needed to get done. C/O'Connor asked if the City was required to do the ADA improvements. CSD/Rose said that the City is required to do ADA Improvements. It is the scope of work that is in question. The City pays about $408 per month for the portable restrooms at Sycamore Canyon Park. IVI/Herrera said that there seemed to be consensus on the Sycamore Canyon Park slopes and the Summitridge Park improvements. MAY 20, 2003 PAGE 8 CC STUDY SESSION (."/O'Connor said the City had obtained an $18,000 grant for the Sycamore Canyon Trailhead improvements. The Diamond Bar Community Foundation is seeking a $75,000 grant to complete the project. M/Herrera said that consensus is to move forward on the three aforementioned items and to leave the remaining items for further consideration. DECISION PACKAGE SUMMARIZATION IVI/Herrera said that the items that do not impact the General Fund are "move forward" items — 1) Expanded Senior Excursion Program, 2) Personnel Change — Public Works/Environmental, and 3) Additional On Line Services Development. IVI/Herrera commented that it would be prudent for the Council to take a look at the City's reserves and label them, especially when the legislature intends to look at reserves. These reserves are important to the City's future and, in her opinion, should not be used for ongoing expenses. However, that is up for debate. She cited the importance of moving forward with the strategic planning. IVI/Herrera said that it appeared there was consensus to move forward with the Community Strategic Planning Program. DCM/Doyle offered additional explanation of the Information Systems Support request. MPT/Huff mentioned that the City was already understaffed in this area. The Council concurred to include Information Systems Support in the "move forward" items. CM/Lowry suggested that the Proposed Capital Improvement Plan for Parks could be addressed in the Strategic Planning agenda about the use of reserves. Depending on whether the Council wanted to retire the debt sooner rather than Ilater, the 1.6 million dollars may play differently in the longer term. C/Chang agreed that Sycamore Canyon Park needed some improvement but that the City should spend that kind of money on a building. C/O'Connor stated that it would be helpful to have a building at Sycamore Canyon Park. The Park accommodates 1,000 people each week during Concerts in the Park and it would be good to provide a nice bathroom facility. In addition, day camp uses the park for 10 weeks. C/Zirbes suggested the concerts could be moved up to Summitridge Park. CM/Lowry said that for the next Council meeting, the "move forward" items would be included in the document. MAY 20, 2003 PAGE 9 CC STUDY SESSION C/O'Connor noted there was room for small decision packages. One item is City On Line, as it was not being used anymore. DCM/Doyle explained that the budget amount for City On Line is about $100 per month and that C/O'Connor is correct, it is not being used and concurred that it should be eliminated. C/O'Connor suggested that the City News should remain as is rather than going to color in order to save $8,500. FLIM/Blakey responded that staff was seeking continuity between the Recreation Guide and the City News in order to have everything look the same for the benefit of the public. There would be a cost offset by having one printer print both publications. C/Zirbes asked if Council would have an opportunity to go through their goals and objectives to see how they tie into the budget. CM/Lowry responded that Council would have to finish the goals and objectives in order to see how they impact the appropriations. M/Herrera asked each Council Member to get their list of goals and objectives to staff for compilation. The list will be distributed to Council Members for ranking. PUBLIC COMMENTS: Clyde Hennessee commented that the City should not be so anxious to spend its money. There is a lot of talk about supporting sports in this City. He did not support giving a half million dollars of the City's money to a school. ADJOURNMENT: With no further business to come before the City Council, M/Herrera adjourned the Study Session at 6:31 p.m. to Closed Session. Linda C. Lowry, City Clerk ATTEST: Carol Herrera, Mayor Agenda No. 6.1.2 CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION MAY 20, 2003 STUDY SESSION: Mayor Herrera called the Study Session to order at 5:07 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 E. Copley Dr., Diamond Bar, CA. Present: Council Members Chang, O'Connor, Zirbes, Mayor Pro Tem/Huff and Mayor Herrera Also Present were: Linda Lowry, City Manager; Mike Jenkins, City Attorney; David Doyle, Deputy City Manager; David Liu, Public Works Director; Bob Rose, Community Services Director; Lynda Burgess, City Clerk; April Blakey, Public Information Manager; Lt. Joe Maxey, Walnut/Diamond Bar Sheriff; Deputy Mark St.Amant, Walnut/Diamond Bar Sheriff; Fred Alamoholda, Senior Engineer; Teresa Arevalo, Sr. Management Analyst, and Susan Full, Accountant II. Fiscal Year 2003-04 Budget Public Comments 1) Fiscal Year 2003-04 Budget (;M/Lowry stated that the agenda package budget packet contains FD/Magnuson's adjustments to the budget document. Sheet No. 3 shows the current estimated resources and current estimated appropriations with transfers out for the capital improvement funds at the bottom (2.4 million dollars). Not included is the Councils' salary adjustment. Behind the budget document are the available decision packages C/O'Connor had pertinent questions about changes in the detail document summarized by the aforementioned sheets. The last document in front of the agenda is the decision package summary. These were the items that staff would have brought forward for discussion and have not been included in the budget document. CM/Lowry explained that the first report is the long-awaited Community/Senior Center plan for operations and set up for furniture and fixtures; the second report is an expansion of the Senior Excursion Program; the third report is an increase in staff personnel by replacing a consulting contract; the fourth report is a re - appropriation of the additional funds to continue expansion of services to On Line; fifth report is the Strategic Planning program that was addressed at the last meeting; Information Systems Report, a management support to the existing information systems in place of hiring a higher level management person on staff MAY 20, 2003 PAGE 2 CC STUDY SESSION the City would contract management services, and last, a proposed capital improvement plan for the parks department. If the capital improvement plan is removed, which for the most part is funded by special funds, this is an additional budget request for $1,040,000; $90,000 would be funded by AB939 and $60,000 is from AB 2766 money for the information systems to increase On Line services. COMMUNITY/SENIOR CENTER COSTS/BUDGET CSD/Rose stated that for purposes of this exercise, staff has estimated an opening date for the Community/Senior Center of March 1, 2004. Even if the center opened prior to that date, there would be a certain amount of startup time. Staff anticipates that operation of the center would utilize several existing staff members in primary full-time positions with some changes to their classifications. i.e., one of the Recreation Supervisor positions would be promoted to Recreation Supervisor II. That person would continue fulfilling their current responsibilities and would have the additional responsibility of overseeing the Community/Senior Center and its staff. That position would take effect July 1, 2003, in order to give the employee an opportunity to begin gearing up to assume the position. A Community Service Coordinator position would be replaced by a Recreation Specialist position effective July 1, 2003. The existing Parks and Maintenance Superintendent position would be downgraded to a Parks and Maintenance Supervisor position on January 1, 2004, upon retirement of the current Parks and Maintenance Superintendent on December 31, 2003. The Office Assistant II would transfer from the City Hall office to the Community/Senior Center office at the appropriate time. The Community Service Leader II (75% position) would be transferred to the Community/Senior Center to assist with its operation. That position would be back-filled with a 20 -hour position with no benefits to work in the Tiny Tots program. The $4,740.39 is the cost for the backfill position for Tiny Tots for the period March 1, 2004 through June 30, 2004. The Community Service Leader II position is a new position - 50 percent non -benefit position that would assist with the programming for the Community/Senior Center. The other part-time positions would be Park Maintenance Helper II and Park Maintenance Helper I, which are positions that would be filled on an as -needed basis. The 17 part-time positions represent six full-time equivalents. Services and Supplies - CSD/Rose reported that the following dollar amounts are for the period March 1, 2004 through June 30, 2004: Janitorial Service $26,640; Landscape Maintenance - $5,000; cleaning supplies - $3,500; utilities (based on pro -rated cost of Heritage Community Center) $44,721.90; miscellaneous maintenance fees contingency $3,330; staff orientation training $6,000; marketing and promotional $45,000; Capital Outlay (one-time costs - furniture & fixtures) $354,195. MAY 21), 2003 PAGE 3 CC STUDY SESSION CSD/Rose stated that staff has discussed the possibility of allowing Mt. SAC to have senior programs on-site. In exchange, Mt. SAC would provide the teachers, computers and maintenance at no charge to the City. Diamond Bar wants to be certain that the computers would be available for other adult programs and activities with no strings attached. DCM/Doyle responded to C/Chang that there is no real stage lighting for theatrical -type performances. There will be a raised platform and some lighting associated with that but not to performance -theater quality. Additionally, there is no drop-down closing curtain. It does include a drop-down projector with two alcoves to each side of the platform. CSD/Rose said that the salary benefit amount is $799,341.89. He conservatively estimated annual revenues of $170,000 and estimated only 10 percent of that amount for the first three months. The net cost estimated to open the facility and operate the facility for the first four months is $220,319.87. Without the one-time FF&E costs, the estimated annual cost to run the facility would be about $683,154.15, including full- and part-time staff and no revenue offset. C/Zirbes said it appeared that the majority of cost was salaries. He requested confirmation that existing staff that was included in the budget would be moved from City Hall to the Community/Senior Center. CSD/Rose explained that staff members will move from City Hall to the Community/Senior Center and those vacancies left at City Hall would not be filled. C/Zirbes said that in looking at the annual maintenance, the salaries would not be an additional amount but in fact, would be transferred from other departments. In looking at the differences it would appear that it is well under $100,000. CSD/Rose affirmed that all of the salaries fall within the Community Services Department budget. C/O'Connor asked if CSD/Rose knew what the actual net (excluding current salaries) would be to run the Community/Senior Center. CSD/Rose said that the $683,154.15 less $170,000 anticipated revenue and the current salaries, the net - net is $292,000. M/Herrera was assured that there was sufficient office and counter space to house City personnel at the Community/Senior Center. EXPANSION OF THE SENIOR EXCURSION PROGRAM CM/Lowry said the bottom line is that there is no cost to the General Fund. The difference between the fees and cost is supported by Prop A monies. This report indicates how the program would be expanded which would increase the budget for the program by $16,250. MAY 20, 2003 PAGE 4 CC STUDY SESSION CSD/Rose affirmed the net effect of the expansion is zero. Additionally, he explained that bus transportation costs qualify within certain areas. If the excursion extends beyond those boundaries, the cost to the participants is increased to cover the cost of the transportation. REQUEST TO CREATE AN ADDITIONAL SENIOR MANAGEMENT ANALYST POSITION CM/Lowry explained that the person filling this position would report to the Public Works Division and have oversight of AB939 reporting requirements. Cost offset would occur by reducing the environmental consulting services currently provided by J. Michael Hulls. Net bottom line is no expense to the General Fund. This is an internal management device created to bring more resources in-house and to increase the ability to do more tasks in the public works area. This item includes a part-time front counter person to improve customer service. ONLINE SERVICES DEVELOPMENT DCM/Doyle reported that staff has done an e -government master plan. Staff is in the process of implementing two online services. Web site cleanup is near completion. Next year staff will attempt to do another online service, yet to be determined. Staff would like to set aside monies out of the AB2766 fund for whatever service is considered. Potential services include online transit pass sales, and online building and safety permitting applications. SUPPORT FOR INFORMATION SYSTEMS DCM/Doyle explained that it has been very helpful to have a part-time IS intern on board that can fix minor computer equipment problems so that MISTech/DeFriend can be available to handle more involved assignments. More importantly, monies should be set aside for outsourcing. His idea is to have an Team manager to help determine what types of online services to engage and help in the coordination. The City was fortunate to have Civic Resource Group dedicated to implement the Parks and Rec reservation system through the contract for the e -government program. The City was also fortunate that they were in-house when staff was moving forward with the City's Web site and CRM Solution selection. Civic Resource Group was used for both of those items at almost no cost to the City. As the City moves forward into this application, an expert in the field is needed. DCM/Doyle confirmed that money for this item would come from the General Fund. MAY 20, 2003 PAGE 5 COMMUNITY STRATEGIC PLANNING PROGRAM CC STUDY SESSION CM/Cowry explained that this is a goal staff would like to bring forward that creates more tangible measurements for Council to identify staffs performance in meeting goals. Creating measurement criteria for the departments allows Council the mechanism to identify staffs improvement. CSD/Rose said that $20,000 is from the General Fund and the rest is from donations and other types of funding. (',/O'Connor questioned how easily these funds could be acquired. CSD/Rose Explained that all of the funds on the Proposed CIP Program -Community Services list were available except for the donation ($75,000). The only question on the Prop 40 money is that the state has not yet appropriated those funds. However, the funds are committed to the City of Diamond Bar, receipt of the funds has not been determined. He inquired if the the list reflected the way the Council would like to see the funds utilized. PSI/Herrera asked if the Parks and Recreation Commission participated in the rnakeup of the list. CSD/Rose said not entirely. Next week would be an ideal time to discuss the list during the joint meeting. I—rhe Phase III ADA Improvements at Sycamore Canyon Park is totally supported k>y the P&R Commission. They support the Trail & Trailhead Improvements at Sycamore Canyon Park. There are mixed reviews on the artificial turf at Lorbeer -- they want to see much tighter language with the Pomona Unified School District before funds are committed to that facility. The Commission has received conceptual plan updates for the ADA Improvements at Starshine Park. The Commission had not received a report on the total cost, so this item should be discussed. The neighborhood meeting occurred one week ago and staff received a lot of worthwhile input from the community. He guessed the Commission would k>e supportive. 1"he Summitridge Park restrooms, tot Lot, and drinking fountain have been removed. The question is whether the City should bring in portables until Council has decided how to use the property on a long-term basis. If the intent is to leave iit as a ballfield and grass area, it makes sense to construct permanent facilities. 1"here is a myriad of possibilities and other options to be considered before a commitment is made. M/Herrera commented that $650,000 was a lot to spend for artificial turf. C;SD/Rose responded that artificial turf would provide a playable surface. For example, the recent soccer tournament pointed out the need for ongoing maintenance of the sod. He said he had no confidence that if the City spent MAY 20, 2003 PAGE 6 CC STUDY SESSION money laying in turf that it would be maintained any better than it is now - it would just be turned into a dirt field again. $650,000 is about a 10-12 year commitment. At the end of that period, another layer of artificial turf would give the field a 20- 24 year use at half the cost to do it the second time. It ends up costing about a million dollars to provide an excellent 20-25 year facility. PSI/Herrera asked if the City planned any activities at Lorbeer. CSD/Rose said that the City does not conduct any recreational programs at Lorbeer and only schedules reservations. If the City wanted to pursue a joint-use agreement for other portions of the Lorbeer campus, it would give the City opportunities to recoup some value. C/O'Connor stated that the value was in the use of the field by youth organizations such as Pop Warner, AYSO, etc. The City is making a facility available for the youth even though the City might not have direct use. It would be similar to Paul C. Grow Park. The City owns that facility and the City maintains it. C/Zirbes asked what the annual cost would be to maintain the lower portion of the Lorbeer field. CSD/Rose responded that to redo the field would probably cost in the neighborhood of $150,000 to $200,000 and about $15,000 to maintain. C/Zirbes asked if the youth organizations pay the City to use the fields. CSD/Rose said that the only fee the organizations pay is for the cost of the restrooms. C/O'Connor stated that at one time AYSO offered to maintain the field. M/Herrera asked if the school district would allow artificial turf. CSD/Rose said that during initial discussions school board members felt there was value in putting down artificial turf. However, the discussion has not entered the "nuts and bolts" phase. In response to C/Chang, CSD/Rose indicated the total in the Parks Development Fund was about 2.6 million dollars. CSD/Rose explained what the proposed Phase III ADA Improvement at Sycamore Canyon Park would entail. He offered to bring the renderings to the joint meeting. PMT/Huff asked the size of the meeting room at Heritage Park and other questions about the Summitridge Park proposed facility. CSD/Rose responded that the size of the entire building is 3,400 square feet. The meeting area consumes about 1,750 square feet. The ADA Retrofit at Sycamore will create a larger meeting room. He anticipated ping-pong and other types of activities would occur in that location, as well as group meetings, childcare, etc. There are a variety of opportunities available for the facility MAY 20, 2003 PAGE 7 CC STUDY SESSION He did not think the facility would conflict with the center at Summitridge Park. It is in a different part of town and offers different options. The Community/Senior Center would lend itself to a completely different type of programming. The immediate availability of the Sycamore Canyon Park facility was important. Sycamore Canyon Park is the largest public space owned by the City. The majority of the improvements will significantly upgrade the park. The building offers a quality space for the summer daycare program and would be attractive to other organizations. The facility increases the number of restrooms that are important during activities such as Concerts in the Park. PMT/Huff said his concern was that the City was creating a lot more space at the Community/Senior Center and now more space is being created at Sycamore Canyon Park that would use a big chunk of the Parks Development fund. He questioned how staff was planning to pay for this prior to shifting it back to the Community fund. CSD/Rose said that staff was under the impression that CDBG money would be available. The priority for that money has changed and staff saw this as an opportunity. PMT/Huff commented that Council should look at the overall picture. It seemed to him there was a big need for a park complex for soccer in town. If there was space for such a facility it would, in his opinion, be a better use of the money rather than re-creating space while creating new space in the Community/Senior Center. M/Herrera said she would feel more comfortable receiving community input as to whether or not they would like to have the City proceed with these items. These are precious dollars. Once the money is spent, it is gone. She asked if the rest of the Council was comfortable with the list or did they want to hold off on these particular specific items. PMT/Huff said the slopes needed to be done. C/Zirbes noted that Summitridge Park needed to get done. C/O'Connor asked if the City was required to do the ADA improvements. CSD/Rose said that the City is required to do ADA Improvements. It is the scope of work that is in question. The City pays about $408 per month for the portable restrooms at Sycamore Canyon Park. IVI/Herrera said that there seemed to be consensus on the Sycamore Canyon Park slopes and the Summitridge Park improvements. MAY 20, 2003 PAGE 8 CC STUDY SESSION (31/0'Connor said the City had obtained an $18,000 grant for the Sycamore Canyon Trailhead improvements. The Diamond Bar Community Foundation is seeking a $75,000 grant to complete the project. I"MI/Herrera said that consensus is to move forward on the three aforementioned items and to leave the remaining items for further consideration. DECISION PACKAGE SUMMARIZATION IVI/Herrera said that the items that do not impact the General Fund are "move forward" items - 1) Expanded Senior Excursion Program, 2) Personnel Change - Public Works/Environmental, and 3) Additional On Line Services Development. IVI/Herrera commented that it would be prudent for the Council to take a look at the City's reserves and label them, especially when the legislature intends to look at reserves. These reserves are important to the City's future and, in her opinion, should not be used for ongoing expenses. However, that is up for debate. She cited the importance of moving forward with the strategic planning. IVI/Herrera said that it appeared there was consensus to move forward with the Community Strategic Planning Program. DCM/Doyle offered additional explanation of the Information Systems Support request. MPT/Huff mentioned that the City was already understaffed in this area. The Council concurred to include Information Systems Support in the "move forward" items. CM/Lowry suggested that the Proposed Capital Improvement Plan for Parks could be addressed in the Strategic Planning agenda about the use of reserves. Depending on whether the Council wanted to retire the debt sooner rather than (later, the 1.6 million dollars may play differently in the longer term. C/Chang agreed that Sycamore Canyon Park needed some improvement but that the City should spend that kind of money on a building. C/O'Connor stated that it would be helpful to have a building at Sycamore Canyon Park. The Park accommodates 1,000 people each week during Concerts in the Park and it would be good to provide a nice bathroom facility. In addition, day camp uses the park for 10 weeks. C/Zirbes suggested the concerts could be moved up to Summitridge Park. CM/Lowry said that for the next Council meeting, the "move forward" items would be included in the document. MAY 20, 2003 PAGE 9 CC STUDY SESSION C/O'Connor noted there was room for small decision packages. One item is City On Line, as it was not being used anymore. DCM/Doyle explained that the budget amount for City On Line is about $100 per month and that C/O'Connor is correct, it is not being used and concurred that it should be eliminated. C/O'Connor suggested that the City News should remain as is rather than going to color in order to save $8,500. PIM/Blakey responded that staff was seeking continuity between the Recreation Guide and the City News in order to have everything look the same for the benefit of the public. There would be a cost offset by having one printer print both publications. C/Zirbes asked if Council would have an opportunity to go through their goals and objectives to see how they tie into the budget. CM/Lowry responded that Council would have to finish the goals and objectives in order to see how they impact the appropriations. M/Herrera asked each Council Member to get their list of goals and objectives to staff for compilation. The list will be distributed to Council Members for ranking. PUBLIC COMMENTS: Clyde Hennessee commented that the City should not be so anxious to spend its money. There is a lot of talk about supporting sports in this City. He did not support giving a half million dollars of the City's money to a school. ADJOURNMENT: With no further business to come before the City Council, M/Herrera adjourned the Study Session at 6:31 p.m. to Closed Session. Linda C. Lowry, City Clerk ATTEST: Carol Herrera, Mayor Agenda NO. 6.1.3 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR May 20, 2003 CALL TO ORDER: Mayor Herrera called the meeting to order at 6:43 p.m. in the Auditorium of the South Coast Air Quality Management District, 21865 E. Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of Allegiance. INVOCATION: Pastor Bob Stebe, Northminster Presbyterian Church gave the invocation. ROLL CALL: Council Members Chang, O'Connor, Zirbes, Mayor Pro Tem Huff, and Mayor Herrera. Staff present: Linda Lowry, City Manager; Mike Jenkins, City Attorney; David Doyle, Deputy City Manager; David Liu, Public Works Director; Bob Rose, Community Services Director, and Lynda Burgess, City Clerk. APPROVAL OF AGENDA: CM/Lowry announced that the report regarding Consent Calendar Item 6.5 was amended to reflect the deletion of reference to a CPI adjustment. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Proclaimed May 2003 as "Hire a Veteran Month." 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/Lowry reported that Council met earlier this evening to review a seven -item decision package table including staffing and operating requirements for the opening of the Community/Senior Center estimated to be effective March 1, 2004; expansion of the Senior Excursion Program; a shift of contract services to in-house staff to be funded cut of special funds; consulting services for IS (Information Systems) with an equal amount from special funds and general funds; approval in -concept of a place marker for a community strategic planning program; and a number of considerations within a, request from the Community Services Director for capital improvements. The Community Services Capital Improvements will be discussed further at a joint meeting with the Parks and Recreation Commission on May 27. Staff will incorporate those items into a complete budget document that will be placed on the agenda for consideration and discussion by the Council at its first meeting in June. CM/Lowry offered a clarification with respect to the May 6 CalTrans presentation which reported that City staff had known of the plans for the 57/60 HOV lane project for years and that communication had been ongoing. Although staff had been informed about the construction work as it relates to the freeway and ramping, CalTrans' plan for detouring traffic onto local streets and their other traffic mitigation MAY 20, 2003 PAGE 2 plans were not shared with the City until the next day, when it was mentioned for the first time during a Chamber of Commerce meeting. This discussion had never occurred with City staff. After a number of telephone calls, it was decided to schedule a meeting between Diamond Bar City staff and CalTrans to actually discuss, for the first time, the mitigation plan for how traffic will be handled on the streets of Diamond Bar when construction begins and prior to construction on the SR57/60 This was a miscommunication within the CalTrans staff as to the degree to which Diamond Bar staff had been included in the planning. There is now ongoing discussion. Diamond Bar has taken a very firm stance in requiring input into the matter in which traffic will be detoured onto city streets. As unpopular as it may be with CalTrans, staff has interpreted the ongoing direction from the Council to be that the City's first goal is to protect the interests of our community. CalTrans' construction schedules and whatever impediments there may be to the success of those schedules will not deter city staff and Council from assuring the best possible detour routes for everyone's benefit and most especially, for the benefit of Diamond Bar residents. Staff will continue its vigilance. CalTrans will attend the next City Council meeting. It is hoped that staff and Council will be able to sit in complete concurrence with CalTrans statements instead of being disappointed at the degree to which the City was not included in the planning. 3. PUBLIC COMMENTS: Dr. Tom Blake, Life Chiropractic, spoke about the lack of visibility and safety issues relating to large trucks parking on Golden Springs Dr. in front of Coco's Restaurant. His business is located in the Diamond Center just west of Coco's Restaurant and when leaving the center, visibility in both directions is substantially reduced. He stated that this was an accident waiting to happen that would result in serious injury or death. Clyde Hennessee said there was an ongoing problem of gravel on his street carried in the tires of vehicles leaving the Little League field. The street sweepers do not pick up the material because it is in the middle of the street. As a result, rocks and gravel remain in the roadway on Sunset Crossing Rd. and are often thrown into the air by oncoming traffic. He questioned if the street sweeper could be directed to make an extra effort to pickup the gravel and asked Council to look into this issue. 4. RESPONSE TO PUBLIC COMMENTS: PWD/Liu responded to Dr. Blake that the north curbside of Golden Springs in front of Coco's Restaurant offers two-hour parking-- that was created several years ago to accommodate the businesses. Sight visibility is an issue to be revisited and this matter will be forward to staff for further study. Additionally, the matter will be forwarded to the Traffic and Transportation Commission for further consideration. All of the businesses and affected property owners will be invited to attend and provide their input. MAY 20, 2003 PAGE 3 PWD/Liu responded to Mr. Hennessee that he would speak with the City's street sweeper to see if an additional effort can be made by the City to pick up the loose gravel. PWD/Liu responded to M/Herrera that he would personally invite Dr. Blake to participate in the Traffic and Transportation Commission discussion regarding truck parking on the north side of Golden Springs Drive. The Commission's recommendation will be forwarded to the City Council for its consideration. 5. SCHEDULE OF FUTURE EVENTS: 5.1 PARKS AND RECREATION COMMISSION MEETING — May 22, 2003 — 7:00 p.m., SCAQMD/Government Center Board Hearing Room, 21865 E. Copley Dr. 5.2 MEMORIAL DAY HOLIDAY — Monday, May 26, 2003 — City Offices will be closed. Will reopen Tuesday, May 27, 2003. 5.3 CITY COUNCIL/PARKS AND RECREATION COMMISSION JOINT MEETING — May 27, 2003 - 5:00 p.m., - Room CC -8, SCAQMD/Government Center, 21865 E. Copley Dr. ;i.4 PLANNING COMMISSION MEETING — May 27, 2003 — 7:00 p.m., SCAQMD/Government Center Auditorium, 21865 E. Copley Dr. 5.5 PUBLIC SAFETY COMMITTEE MEETING - June 2, 2003 - 7:00 p.m., Diamond Bar/Walnut Sheriff's Station, 21695 E. Valley Blvd., Walnut. 5.6 CITY COUNCIL MEETING — June 3, 2003 — 6:30 p.m., SCAQMD/Government Center, 21865 E. Copley Dr. 6. CONSENT CALENDAR: Moved by C/Zirbes, seconded by MPT/Huff to approve the Consent Calendar as presented. Except for Agenda Item 6.4, motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, O'Connor, Zirbes, MPT/Huff, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 61.1 APPROVED CITY COUNCIL MINUTES: 6.1.1 Study Session of May 6, 2003 — As submitted. 6.1.2 Regular Meeting of May 6, 2003 — As submitted. MAY 20, 2003 PAGE 4 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of March 25, 2003. 6.2.2 Regular Meeting of April 22, 2003. 6.3 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION COMMISSION MINUTES — Regular Meeting of March 13, 2003. 6.4 APPROVED WARRANTS - dated May 8 and May 15, 2003 totaling $1,199,672.43. (C/O'Connor voted against approval of Purchase Order 12343) 6.5 APPROVED INCREASE IN RATES FOR CITY ATTORNEY SERVICES. 6.6 ADOPTED RESOLUTIONS APPROVING THE ENGINEER'S REPORT, DECLARING THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS AND FIXING A TIME AND PLACE FOR A HEARING OF OBJECTIONS THEREON: 6.6.1 RESOLUTION NO. 2003-22 DECLARING THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 38 AND DIRECT THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING ON JUNE 17, 2003. 6.6.2 RESOLUTION NO. 2003-23 DECLARING THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 39 AND DIRECT THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING ON JUNE 17, 2003. 6.6.3 RESOLUTION NO. 2003-24 DECLARING THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 41 AND DIRECT THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING ON JUNE 17, 2003. 6.7 APPROVED NOTICE OF COMPLETION FOR THE BREA CANYON ROAD STREETSCAPE AND STREET IMPROVEMENTS PROJECT BETWEEN PATHFINDER ROAD AND SOUTHERLY CITY LIMITS (GRIFFITH COMPANY). 6.8 APPROVED CONTRACT AMENDMENT WITH WARREN C. SIECKE FOR TRAFFIC ENGINEERING SERVICES FOR THE BREA CANYON CUTOFF RD. AND STATE RTE. 57 ON/OFF RAMPS IN THE AMOUNT OF $9,500 AND AUTHORIZE A CONTINGENCY OF $3,000 FOR CHANGE ORDERS TO BE APPROVED BY CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $12,500. MAY 20, 2003 PAGE 5 13.9 EXTENDED CONTRACT SERVICES AGREEMENT WITH SOUTHLAND SPORTS OFFICIALS FOR THE 2003/04 FY IN AN AMOUNT NOT TO EXCEED $32,000. 6.10 ADOPTED RESOLUTION NO. 2003-25 APPROVING PLANS AND SPECIFICATIONS FOR TRAFFIC SIGNAL IMPROVEMENTS ON PATHFINDER RD. AT BREA CANYON RD./FERN HOLLOW DR., PATHFINDER RD. AT D.B. HIGH SCHOOL WESTERLY ENTRANCE AND PATHFINDER RD. AT EVERGREEN SPRINGS DR. AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS. 6.11 ADOPTED RESOLUTION NO. 2003-26 APPROVING PLANS AND SPECIFICATIONS FOR THE AREA 5 SLURRY SEAL PROJECT AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS. 6.12 (a) REJECTED ALL BIDS FOR THE TRAFFIC SIGNAL MODIFICATION PROJECT AT THE INTERSECTION OF GRAND AVE. AND SHOTGUN LN. (b) ADOPTED RESOLUTION NO. 2003-27 APPROVING PLANS AND SPECIFICATIONS FOR THE TRAFFIC SIGNAL MODIFICATION PROJECT AT THE INTERSECTIONS OF GRAND AVE./SHOTGUN LANE, BREA CANYON RDJLYCOMING ST. AND GOLDEN SPRINGS DR./BALLENA DR. AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS. 6.13 ADOPTED RESOLUTION NO. 2003-28 OPPOSING AB 1221 (STEINBERG AND CAMPBELL) BALANCED COMMUNITIES ACT — Continued from May 13, 2003. 7. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: None 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Chang reported that during the past several weeks Council has spent considerable time working on budget revisions and looking at how Diamond Bar can best perform for the residents and the City's future under the mandates of the upcoming state budget cuts. Recently, City officials visited the state legislature and spoke with 10 to 15 legislators letting them know about the City's concerns regarding the state dipping into the City's "pockets" and to not discount their promises of funding. Since the budget was passed, it now falls to the city to determine the impacts. Diamond Bar is fiscally healthy and City's services would have to be cut. He congratulated students who graduated this year, attended a couple of graduating ceremonies, and congratulated students who attained this goal and thanked parents for supporting their children. MAY 20, 2003 PAGE 6 C/Zirbes agreed that Council has spent a considerable amount of time during the past month reviewing the City's budget and deciding how to proceed in the next fiscal year anticipating the State's actions affecting Diamond Bar. There is still a lot of work to be done but he expressed confidence that Diamond Bar would have a healthy budget for fiscal year 2003/04. He reminded residents that the seventh annual Paint the Town project would be held on Saturday, June 7. He encouraged residents to participate in the project and help make a difference in their community. About 150 people will paint three or four homes this year. The project commences at about 7:00 a.m. and ends just after lunch. C/O'Connor was pleased to hear CM/Lowry speak about the CalTrans project. C/O'Connor said she attended the May 7 business -owner meeting and was alarmed to learn about the detour routes. There will be major impacts as a result of this project but the community has waited a long time for the SR57/60 HOV lane improvement project. Nevertheless, Diamond Bar can continue to work toward Lessening the impacts to its residents. On Friday, May 9 she had the pleasure of speaking during a hearing of the State and Local Budget Committee held in the SCAQMD/Government Center. The state asked cities to speak on the effects of the vehicle license in -lieu fee and redevelopment funds. At that point, the state was considering not back filling either of those funds. She was pleased to report Diamond Bar's position for the record and the negative impact loss of those funds would have on the City. All of the cities offered the same comments, that if the funds were cut, cities would have to cutback public services and safety. On Saturday, May 10, she attended the Sheriff's open house. On Monday, May 12 she got a sponsor to take retired -Commander Art Herrera and Lt. Maxey to play in the Booster Club fundraiser golf tournament. While retrieving a wayward golf ball she inadvertently stepped on a rather large snake. On Thursday, May 15, the Diamond Bar Community Foundation met. Members are very excited about obtaining funds from the sale of commemorative tiles for placement at the Community/Senior Center. June 1 is the deadline for assuring placement of the tiles for the grand opening. The Foundation will continue to take orders after June 1 but the price increases because the Foundation is responsible for paying the installation fee. The Foundation has sold about 300 tiles to date and at least two multi -tile arrays at $2,500 each. On Friday, May 16, she attended the Walnut Valley Water District ribbon cutting for an Industry well dealing with reclaimed water. On Saturday, May 17, the Diamond Bar Community Foundation raised $990 through the sale of used street signs. On Sunday, May 18, she attended the Pacific Crest Drum and Bugle Corp 10' year MAY 20, 2003 PAGE 7 anniversary reception. She was presented a plaque that she accepted on behalf of the Council thanking the City for its support. She gave the plaque back and asked that they present it to the Council in person this evening. Apparently, they were unable to attend this evening. On May 19 the Public Works Division held a street sweeping neighborhood meeting. Unfortunately, there was no one in attendance. More meetings will be held in the weeks to come. MPT/Huff said that as C/Chang mentioned, some of the Council Members visited Sacramento to meet with legislators. Also while in Sacramento, the Council of Governments met with and hosted a dinner for the San Gabriel Valley Caucus comprised of all of the Assembly members and Senators that form the San Gabriel Valley. At the recent Council of Governments, he was selected to serve as Vice President of the organization made up of 31 cities and nine million residents. He was also re -appointed President of Foothill Transit. While these organizations and obligations take time, being involved in regional issues is important to the interests of D.B., especially with cut -through traffic coming into the City from the north and the east. During the celebration of Memorial Day everyone should reflect on those who have given their lives to protect our freedoms. This particular year when Americans have been on foreign soil, it is a very apt time to consider that our freedom has been bought and paid for at a very expensive price. But to do otherwise is unthinkable. M/Herrera said that as indicated by the prior speakers, Council Members are very hard working and attend a plethora of meetings in order to make Diamond Bar better. She and MPT/Huff recently attended the International Council of Shopping Centers Conference. It is a very large conference with representatives of many national businesses in attendance. DCM/DeStefano talked with a number of representatives and presented them with packets of information about the different shopping centers in the City that included information about Diamond Bar's demographics and traffic counts. While residents do not care too much about the City's traffic counts, the businesses were very excited about the number of vehicles that passed through intersections during a given period of time. The intent was to try to bring additional tax dollars back to Diamond Bar in order to adequately maintain the Community/Senior Center currently under construction and possibly a library that the City hopes to build in the future. Staff estimates that about $1,000,000 additional tax revenue is needed to support these facilities. DCM/DeStefano remained in Las Vegas to continue the dialogue about growth opportunities in Diamond Bar. Last Saturday she attended the Sunshine Seniors Mothers Day Celebration. The Indian organization presented her with a plaque thanking the Council and staff for supporting the group. The group is looking forward to the opening of the new Community/Senior Center because the group is very large and active. MAY 20, 2003 PAGE 8 10. ADJOURNMENT: There being no further business to conduct, M/Herrera adjourned the meeting at 7:25 p.m. Linda C. Lowry, City Clerk ATTEST: Carol Herrera, Mayor Agenda NO. 6.1.3 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR May 20, 2003 CALL TO ORDER: Mayor Herrera called the meeting to order at 6:43 p.m. in the Auditorium of the South Coast Air Quality Management District, 21865 E. Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of Allegiance. INVOCATION: Pastor Bob Stebe, Northminster Presbyterian Church gave the invocation. ROLL CALL: Council Members Chang, O'Connor, Zirbes, Mayor Pro Tern Huff, and Mayor Herrera. Staff present: Linda Lowry, City Manager; Mike Jenkins, City Attorney; David Doyle, Deputy City Manager; David Liu, Public Works Director; Bob Rose, Community Services Director, and Lynda Burgess, City Clerk. APPROVAL OF AGENDA: CM/Lowry announced that the report regarding Consent Calendar Item 6.5 was amended to reflect the deletion of reference to a CPI adjustment. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Proclaimed May 2003 as "Hire a Veteran Month." 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/Lowry reported that Council met earlier this evening to review a seven -item decision package table including staffing and operating requirements for the opening of the Community/Senior Center estimated to be effective March 1, 2004; expansion of the Senior Excursion Program; a shift of contract services to in-house staff to be funded out of special funds; consulting services for IS (Information Systems) with an equal amount from special funds and general funds; approval in -concept of a place marker for a community strategic planning program; and a number of considerations within a, request from the Community Services Director for capital improvements. The Community Services Capital Improvements will be discussed further at a joint meeting with the Parks and Recreation Commission on May 27. Staff will incorporate those items into a complete budget document that will be placed on the agenda for consideration and discussion by the Council at its first meeting in June. CM/Lowry offered a clarification with respect to the May 6 CalTrans presentation which reported that City staff had known of the plans for the 57/60 HOV lane project for years and that communication had been ongoing. Although staff had been informed about the construction work as it relates to the freeway and ramping, CalTrans' plan for detouring traffic onto local streets and their other traffic mitigation MAY 20, 2003 PAGE 2 plans were not shared with the City until the next day, when it was mentioned for the first time during a Chamber of Commerce meeting. This discussion had never occurred with City staff. After a number of telephone calls, it was decided to schedule a meeting between Diamond Bar City staff and CalTrans to actually discuss, for the first time, the mitigation plan for how traffic will be handled on the streets of Diamond Bar when construction begins and prior to construction on the SR57/60 This was a miscommunication within the CalTrans staff as to the degree to which Diamond Bar staff had been included in the planning. There is now ongoing discussion. Diamond Bar has taken a very firm stance in requiring input into the matter in which traffic will be detoured onto city streets. As unpopular as it may be with CalTrans, staff has interpreted the ongoing direction from the Council to be that the City's first goal is to protect the interests of our community. CalTrans' construction schedules and whatever impediments there may be to the success of those schedules will not deter city staff and Council from assuring the best possible detour routes for everyone's benefit and most especially, for the benefit of Diamond E3ar residents. Staff will continue its vigilance. CalTrans will attend the next City Council meeting. It is hoped that staff and Council will be able to sit in complete concurrence with CalTrans statements instead of being disappointed at the degree to which the City was not included in the planning. 3. PUBLIC COMMENTS: Dr. Tom Blake, Life Chiropractic, spoke about the lack of visibility and safety issues relating to large trucks parking on Golden Springs Dr. in front of Coco's Restaurant. His business is located in the Diamond Center just west of Coco's Restaurant and when leaving the center, visibility in both directions is substantially reduced. He stated that this was an accident waiting to happen that would result in serious injury or death. Clyde Hennessee said there was an ongoing problem of gravel on his street carried in the tires of vehicles leaving the Little League field. The street sweepers do not pick up the material because it is in the middle of the street. As a result, rocks and gravel remain in the roadway on Sunset Crossing Rd. and are often thrown into the air by oncoming traffic. He questioned if the street sweeper could be directed to make an extra effort to pickup the gravel and asked Council to look into this issue. 4. RESPONSE TO PUBLIC COMMENTS: PWD/Liu responded to Dr. Blake that the north curbside of Golden Springs in front of Coco's Restaurant offers two-hour parking-- that was created several years ago to accommodate the businesses. Sight visibility is an issue to be revisited and this matter will be forward to staff for further study. Additionally, the matter will be forwarded to the Traffic and Transportation Commission for further consideration. All of the businesses and affected property owners will be invited to attend and provide their input. MAY 20, 2003 PAGE 3 PWD/Liu responded to Mr. Hennessee that he would speak with the City's street sweeper to see if an additional effort can be made by the City to pick up the loose gravel. PWD/Liu responded to M/Herrera that he would personally invite Dr. Blake to participate in the Traffic and Transportation Commission discussion regarding truck parking on the north side of Golden Springs Drive. The Commission's recommendation will be forwarded to the City Council for its consideration. 5. SCHEDULE OF FUTURE EVENTS: 5.1 PARKS AND RECREATION COMMISSION MEETING - May 22, 2003 - 7:00 p.m., SCAQMD/Government Center Board Hearing Room, 21865 E. Copley Dr. 5.2 MEMORIAL DAY HOLIDAY - Monday, May 26, 2003 - City Offices will be closed. Will reopen Tuesday, May 27, 2003. 5.3 CITY COUNCIUPARKS AND RECREATION COMMISSION JOINT MEETING - May 27, 2003 - 5:00 p.m., - Room CC -8, SCAQMD/Government Center, 21865 E. Copley Dr. 5.4 PLANNING COMMISSION MEETING - May 27, 2003 - 7:00 p.m., SCAQMD/Government Center Auditorium, 21865 E. Copley Dr. 5i.5 PUBLIC SAFETY COMMITTEE MEETING - June 2, 2003 - 7:00 p.m., Diamond Bar/Walnut Sheriff's Station, 21695 E. Valley Blvd., Walnut. 5.6 CITY COUNCIL MEETING - June 3, 2003 - 6:30 p.m., SCAQMD/Government Center, 21865 E. Copley Dr. 6. CONSENT CALENDAR: Moved by C/Zirbes, seconded by MPT/Huff to approve the Consent Calendar as presented. Except for Agenda Item 6.4, motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, O'Connor, Zirbes, MPT/Huff, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 APPROVED CITY COUNCIL MINUTES: 6.1.1 Study Session of May 6, 2003 - As submitted. 6.1.2 Regular Meeting of May 6, 2003 - As submitted. MAY 20, 2003 PAGE 4 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of March 25, 2003, 6.2.2 Regular Meeting of April 22, 2003. 6.3 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION COMMISSION MINUTES - Regular Meeting of March 13, 2003. 6.4 APPROVED WARRANTS - dated May 8 and May 15, 2003 totaling $1,199,672.43. (C/O'Connor voted against approval of Purchase Order 12343) 6.5 APPROVED INCREASE IN RATES FOR CITY ATTORNEY SERVICES. 6.6 ADOPTED RESOLUTIONS APPROVING THE ENGINEER'S REPORT, DECLARING THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS AND FIXING A TIME AND PLACE FOR A HEARING OF OBJECTIONS THEREON: 6.6.1 RESOLUTION NO. 2003-22 DECLARING THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 38 AND DIRECT THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING ON JUNE 17, 2003. 6.6.2 RESOLUTION NO. 2003-23 DECLARING THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 39 AND DIRECT THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING ON JUNE 17, 2003. 6.6.3 RESOLUTION NO. 2003-24 DECLARING THE CITY'S INTENTION TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 41 AND DIRECT THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING ON JUNE 17, 2003. 6.7 APPROVED NOTICE OF COMPLETION FOR THE BREA CANYON ROAD STREETSCAPE AND STREET IMPROVEMENTS PROJECT BETWEEN PATHFINDER ROAD AND SOUTHERLY CITY LIMITS (GRIFFITH COMPANY). 6.8 APPROVED CONTRACT AMENDMENT WITH WARREN C. SIECKE FOR TRAFFIC ENGINEERING SERVICES FOR THE BREA CANYON CUTOFF RD. AND STATE RTE, 57 ON/OFF RAMPS IN THE AMOUNT OF $9,500 AND AUTHORIZE A CONTINGENCY OF $3,000 FOR CHANGE ORDERS TO BE APPROVED BY CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $12,500. MAY 21), 2003 PAGE 5 6.9 EXTENDED CONTRACT SERVICES AGREEMENT WITH SOUTHLAND SPORTS OFFICIALS FOR THE 2003/04 FY IN AN AMOUNT NOT TO EXCEED $32,000. 6.10 ADOPTED RESOLUTION NO. 2003-25 APPROVING PLANS AND SPECIFICATIONS FOR TRAFFIC SIGNAL IMPROVEMENTS ON PATHFINDER RD. AT BREA CANYON RD./FERN HOLLOW DR., PATHFINDER RD. AT D.B. HIGH SCHOOL WESTERLY ENTRANCE AND PATHFINDER RD. AT EVERGREEN SPRINGS DR. AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS. 6.11 ADOPTED RESOLUTION NO. 2003-26 APPROVING PLANS AND SPECIFICATIONS FOR THE AREA 5 SLURRY SEAL PROJECT AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS. 6.12 (a) REJECTED ALL BIDS FOR THE TRAFFIC SIGNAL MODIFICATION PROJECT AT THE INTERSECTION OF GRAND AVE. AND SHOTGUN LN. (b) ADOPTED RESOLUTION NO. 2003-27 APPROVING PLANS AND SPECIFICATIONS FOR THE TRAFFIC SIGNAL MODIFICATION PROJECT AT THE INTERSECTIONS OF GRAND AVE./SHOTGUN LANE, BREA CANYON RD./LYCOMING ST. AND GOLDEN SPRINGS DR./BALLENA DR. AND DIRECTING THE CITY CLERK TO ADVERTISE FOR BIDS. 6.13 ADOPTED RESOLUTION NO. 2003-28 OPPOSING AB 1221 (STEINBERG AND CAMPBELL) BALANCED COMMUNITIES ACT - Continued from May 13, 2003. 7. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: None 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Chang reported that during the past several weeks Council has spent considerable time working on budget revisions and looking at how Diamond Bar can best perform for the residents and the City's future under the mandates of the upcoming state budget cuts. Recently, City officials visited the state legislature and spoke with 10 to 15 legislators letting them know about the City's concerns regarding the state dipping into the City's "pockets" and to not discount their promises of funding. Since the budget was passed, it now falls to the city to determine the impacts. Diamond Bar is fiscally healthy and City's services would have to be cut. He congratulated students who graduated this year, attended a couple of graduating ceremonies, and congratulated students who attained this goal and thanked parents for supporting their children. MAY 20, 2003 PAGE 6 C/Zirbes agreed that Council has spent a considerable amount of time during the past month reviewing the City's budget and deciding how to proceed in the next fiscal year anticipating the State's actions affecting Diamond Bar. There is still a lot of work to be done but he expressed confidence that Diamond Bar would have a healthy budget for fiscal year 2003/04. He reminded residents that the seventh annual Paint the Town project would be held on Saturday, June 7. He encouraged residents to participate in the project and help make a difference in their community. About 150 people will paint three or four homes this year. The project commences at about 7:00 a.m. and ends just after lunch. C/O'Connor was pleased to hear CM/Lowry speak about the CalTrans project. C/O'Connor said she attended the May 7 business -owner meeting and was alarmed to learn about the detour routes. There will be major impacts as a result of this project but the community has waited a long time for the SR57/60 HOV lane improvement project. Nevertheless, Diamond Bar can continue to work toward lessening the impacts to its residents. On Friday, May 9 she had the pleasure of speaking during a hearing of the State and Local Budget Committee held in the SCAQMD/Government Center. The state asked cities to speak on the effects of the vehicle license in-lieu fee and redevelopment funds. At that point, the state was considering not back filling either of those funds. She was pleased to report Diamond Bar's position for the record and the negative impact loss of those funds would have on the City. All of the cities offered the same comments, that if the funds were cut, cities would have to cutback public services and safety. On Saturday, May 10, she attended the Sheriff's open house. On Monday, May 12 she got a sponsor to take retired-Commander Art Herrera and Lt. Maxey to play in the Booster Club fundraiser golf tournament. While retrieving a wayward golf ball she inadvertently stepped on a rather large snake. On Thursday, May 15, the Diamond Bar Community Foundation met. Members are very excited about obtaining funds from the sale of commemorative tiles for placement at the Community/Senior Center. June 1 is the deadline for assuring placement of the tiles for the grand opening. The Foundation will continue to take orders after June 1 but the price increases because the Foundation is responsible for paying the installation fee. The Foundation has sold about 300 tiles to date and at least two multi-tile arrays at $2,500 each. On Friday, May 16, she attended the Walnut Valley Water District ribbon cutting for an Industry well dealing with reclaimed water. On Saturday, May 17, the Diamond Bar Community Foundation raised $990 through the sale of used street signs. On Sunday, May 18, she attended the Pacific Crest Drum and Bugle Corp 10' year MAY 20, 2003 PAGE 7 anniversary reception. She was presented a plaque that she accepted on behalf of the Council thanking the City for its support. She gave the plaque back and asked that they present it to the Council in person this evening. Apparently, they were unable to attend this evening. On May 19 the Public Works Division held a street sweeping neighborhood meeting. Unfortunately, there was no one in attendance. More meetings will be held in the weeks to come. MPT/Huff said that as C/Chang mentioned, some of the Council Members visited Sacramento to meet with legislators. Also while in Sacramento, the Council of Governments met with and hosted a dinner for the San Gabriel Valley Caucus comprised of all of the Assembly members and Senators that form the San Gabriel Valley. At the recent Council of Governments, he was selected to serve as Vice President of the organization made up of 31 cities and nine million residents. He was also re-appointed President of Foothill Transit. While these organizations and obligations take time, being involved in regional issues is important to the interests of D.B., especially with cut-through traffic coming into the City from the north and the east. During the celebration of Memorial Day everyone should reflect on those who have given their lives to protect our freedoms. This particular year when Americans have been on foreign soil, it is a very apt time to consider that our freedom has been bought and paid for at a very expensive price. But to do otherwise is unthinkable. M/Herrera said that as indicated by the prior speakers, Council Members are very hard working and attend a plethora of meetings in order to make Diamond Bar better. She and MPT/Huff recently attended the International Council of Shopping Centers Conference. It is a very large conference with representatives of many national businesses in attendance. DCM/DeStefano talked with a number of representatives and presented them with packets of information about the different shopping centers in the City that included information about Diamond Bar's demographics and traffic counts. While residents do not care too much about the City's traffic counts, the businesses were very excited about the number of vehicles that passed through intersections during a given period of time. The intent was to try to bring additional tax dollars back to Diamond Bar in order to adequately maintain the Community/Senior Center currently under construction and possibly a library that the City hopes to build in the future. Staff estimates that about $1,000,000 additional tax revenue is needed to support these facilities. DCM/DeStefano remained in Las Vegas to continue the dialogue about growth opportunities in Diamond Bar. Last Saturday she attended the Sunshine Seniors Mothers Day Celebration. The Indian organization presented her with a plaque thanking the Council and staff for supporting the group. The group is looking forward to the opening of the new Community/Senior Center because the group is very large and active. MAY 20, 2003 PAGE 8 10. ADJOURNMENT: There being no further business to conduct, M/Herrera adjourned the meeting at 7:25 p.m. Linda C. Lowry, City Clerk ATTEST: Carol Herrera, Mayor Agenda No. 6.1.4 CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION JUNE 3, 2003 STUDY SESSION: Mayor Herrera called the Study Session to order at 5:07 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 E. Copley Dr., Diamond Bar, CA. Present: Council Members O'Connor, Zirbes, Mayor Pro Tem/Huff, and Mayor Herrera Council Member Chang arrived at 5:09 p.m. Staff Present: Linda Lowry, City Manager; Mike Jenkins, City Attorney; ,James DeStefano, Deputy City Manager; David Doyle, Deputy City Manager; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; April Blakey, Communications/Marketing Manager; "fommye Cribbins, Assistant City Clerk; Fred Alamolholda, Senior Engineer. 1) Fiscal Year 2003-04 Budget and Capital Improvement Programs. CM/Lowry stated that she and FD/Magnuson would walk the Council through the changes made to the official document that staff is asking Council to adopt at its next meeting. Page 2 is a schedule that represents the decision packages that Council approved at its last meeting. Behind that are the actual itemized adjustments in order to include those decision package items — bottom line figures reflected elsewhere in the budget wherever transfers or combining of items is accomplished. Page 122 and 123 includes capital improvement and the project wish list, where the City stands with its decision packages, and budget documents with staffs best effort to include Council's comments and Finance Committee recommendations for capital improvements. CM/Lowry referred the Council to the top of Page 122 — Slurry Seal for Area 5 and Area 1. The Finance Subcommittee recommended that the first item under street improvement 16001, Prospector Road and 16101, North Walnut Drive to Lemon, and the Washington Street cul-de-sac closure be postponed. These items were included as part of the ongoing capital improvement budget list. They have been highlighted to indicate the subcommittee's recommendation that the three projects be delayed. M/Herrera said that the subcommittee's recommendation was in conjunction with the preparation of several scenarios, depending on the amount of funding received from the state. These items were flagged for possible delay in anticipation of the funding that would be available. JUNE ;3, 2003 PAGE 2 CC STUDY SESSION MPT/Huff explained that the Washington Street cul-de-sac project is a sensitive issue that was called for in the City's General Plan and was also a part of the entire Industry East Project. In fact, City of Industry has completed the cul-de-sac -- Diamond Bar has not done it on this side. CM/Lowry asked for Council's direction on these items. C/Zirbes said he was okay with the subcommittee's recommendations; Council concurred. CM/Lowry referred Council Members to the Parks and Recreation improvements on Page 122. Staff added the Sycamore Canyon ADA Retrofit as amended for Phase 11. Line 15700 is Phase II. Line 18502 is the trailhead only. As a result of the last meeting, staff added in the Summitridge Park restrooms and drinking fountain. CSD/Rose explained that the estimate did not include the utility hookup. Construction of a sewer line could amount to a sizeable dollar difference. Staff will report back when a better estimate is received. It is likely that the estimate would increase by about $100,000. CM/Lowry stated that because the City does single -year budgets and capital improvements, the picnic shelters need to be carried -over and re -appropriated because the City would not have a contract in time to approve a purchase order for next year - $120,000 in Prop A monies. There are still some contracts that have not been done for incidentals for the Community/Senior Center — nothing beyond what has already been appropriated. M/Herrera asked staff to footnote the items that were appropriated and not spent. CM/Lowry said that Starshine remained the same. The amount indicated for miscellaneous improvements under 19403 for Sycamore Canyon slope (landscape repair) is for the construction phase. CM/Lowry stated that this is staff's recap to this point. Once Council gets into its goals and objectives and new goals and objectives, there may be additional items that impact the report. If so, those extra items could be summarized for Council at its next meeting. The slope improvement for Brea Canyon Cutoff is line 19203 under miscellaneous improvements. The A column at the top of Page 122 is MTA funds. GOALS AND OBJECTIVES: DCM/Doyle reported that staff's free-flow memo reminds everyone what the City has done. All of the Council's Goals and Objectives for the last fiscal year were categorized under General Plan categories — Retention of Rural Country Living, Community Character and Preservation of Open Space, Reduction of Regional Traffic Impacts, Promotion of Viable Commercial Activity and Creation of Community Environment. Staff added a category for Council's consideration — To JUNE 3, 2003 PAGE 3 CC STUDY SESSION Operate the City in a Fiscally and Managerial Responsible and Prudent Manner. Staff showed all of the goals and objectives to Council at a prior meeting in May and merged those items under the General Plan goals. Further, staff placed new goals offered by Council Members Zirbes and O'Connor within that context. If Council determines that these items should be added to the list, each Member should rank the order to each of the objectives under each goal. C/Zirbes said that when he came on the Council one of his goals was to sweep City streets on a weekly basis. There is a budget item for $240,000 for this item and a revenue offset of $300,000, for a profit of $60,000 exclusive of the CSOs. He reported on the services and methodology Valley Vista Service uses to calculate charges; which include city size, equipment required, and full maintenance. The dump fees — a figure provided by Valley Vista - would be substantially offset by the composting program. He commented that prior to the city's incorporation, streets were swept every week, and that he has received many complaints about the city's current contractor. He favored the City leasing, operating, and managing the street sweeping project, it would provide better service and offer more flexibility in schedules for about the same price. MPT/Huff asked if the lease program included the cost of fuel. C/Zirbes responded that Valley Vista would fuel the equipment and it could be placed in Diamond Bar or set in a composting area. The City could also have a pickup and drop off every day. C:/O'Connor asked if the City would have additional liability if it took on this service. Last time this issue was discussed someone mentioned that the City has to meet disposal standards. CA/Jenkins said that at this time, the City has no liability, so that would be additional. Insurance would need to include accidents that may occur from the vehicle or environmental liability. Additionally, there may be increased costs for employee insurance. C:/Zirbes said he was suggesting that the operator be a Diamond Bar employee so that the City would have authority for discharging duties. The matter of hazardous materials and other potential liabilities to the City would be worthy of investigation. It was determined that one vehicle would be sufficient and suggested that the lease agreement be based upon the size of sweeper and would include maintenance and breakdown. C/Chang was not sure if the dump fee was enough to cover more than once a week. In terms of profit or loss, he indicated that $200,000 should be the maximum. The City was not interested in street sweeping being a profit-making venture and hoped the number of citations would be reduced. In the worse case scenario, the City would still realize a $30,000 profit. JUNE 3, 2003 PAGE 4 CC STUDY SESSION Discussion ensued as to the type and quality of equipment Valley Vista offered; work efficiency by a City employee versus a contractor; and hours of operation. C/Zirbes commented he was not proposing the city should lease equipment from Valley Vista but merely presenting numbers based on Valley Vista's estimates and that his goal was to have Council consideration. CM/Lowry reported that there are at least two ways to have weekly street sweeping, if that is Council's goal; purchase increased sweeping from Dixon or bring it in-house. C/Zirbes said it is not so much a matter of wanting weekly street sweeping as it is having in-house control. MPT/Huff commented that although the concept of weekly street sweeping is attractive, he was basically okay with every other week. There was further discussion comparing the benefits versus costs with weekly and bi-weekly street sweeping. C/O'Connor noted that there were certain times of the year when weekly street sweeping was advantageous. However, she was riot sure it was important to have weekly year-round street sweeping and that quality of service could be negotiated with the current contractor. MPT/Huff asked if the contractor was being given feedback because this topic has been discussed for some time now. He has not heard about any improvement so he is with the understanding that the contractor was performing at what he felt was an acceptable level. PWD/Liu said that staff has been giving direction to Mr. Dixon. C:/Zirbes stated that with respect to his second item, JCC was looking to sell their five -acre parcel at the SR 60 and Diamond Bar Boulevard, at the north end of town between the off -ramp and Wienerschnitzel. Recently, Council approved a zone change for the property. His suggestion is that JCC donate the property to Diamond Bar, that the City make basic landscape improvements and dedicate it to CalTrans for improvement to the freeway system in and around Diamond Bar. C/Zirbes explained his third item was for the City to take a look at putting all of the new street signs up this year for continuity rather than portion the project out over two or three years. Each area costs about $35,000 for sign replacement. C/Zirbes noted that Pathfinder Road does not look very good from the SR 57 and that Item 4 suggests incorporating a project to improve the south side of Pathfinder Rd and the slope coming off of the SR 57 on the north side of Pathfinder and Evergreen Springs. CM/Lowry said that staff had talked about whether some of these items would require an appropriation; doing all of the signs this year would require adding $167,000 to the current proposed budget. Staff related that considerable progress JUNE 3, 2003 PAGE 5 CC STUDY SESSION could be made on the Pathfinder Rd. issue without an appropriation. If the Council gave it a goal priority it would be something the City could absorb without budget appropriation. C/O'Connor offered that it would not be good to single -out one area at the cost of other areas throughout the City. M/Herrera said that if these items are added to the goals, Council Members would have to go through a re -ranking to see how the other goals would fare. Work on the other slopes is already included in the Council's goals and this slope would be added to the category. C/Zirbes explained that Item 5 came out during discussions in the past year. He envisioned establishing a committee similar to the Community/Senior Center committee to begin looking at the possibility of a sports complex. In addition to obtaining the community's aspirations, the committee would also be charged with determining size, potential sites, and funding sources, similar to the process undertaken to determine the feasibility of a community center and a library. C/Zirbes said that his sixth item referred to the current budget item for a full-time senior neighborhood improvement officer. A possible cost-effective compromise would be to hire a 20 -hour per week part-time officer to give the City weekend coverage for monitoring illegal signs, etc. C/O'Connor said her first item was to adopt a Code of Ethics. The number two goal was to update the City Manager's job description. She expressed the necessity for budget purposes to have a more explicit understanding of the City Manager's role and responsibility relating to Council -attended conferences. M/Herrera stated that this item would be more appropriately addressed as part of the City Manager evaluation process and should, perhaps, be discussed on that level. C:/O'Connor indicated that conference attendance was a budget item and whether the Council wanted to monetarily support conference attendance. M/Herrera said that usually conference attendance is more subjective depending on the Council Member's need for information. For instance, new Council Members would be expected to attend more conferences so that they could learn about various subjects. After a period of time, there is nothing new to be gained by attending. MPT/Huff pointed out that it is also a matter of availability. M/Herrera related that currently there is no policy in place and the whole topic is probably more appropriate for the evaluation process. C/O'Connor said that her third item has to do with placing items on Council agendas. This item may also have to do with updating the Council handbook for a clearer understanding for both Council Members and staff. JUNE 3, 2003 PAGE 6 CC STUDY SESSION C/O'Connor stated that her fourth suggestion deals with Council appointed committees. She wondered if Council should continue to have assignments on regional committees. As long as Council has assigned subcommittee members, the delegates and alternates should attend the meetings. From time to time circumstances preclude delegates from attending meetings. However, when Council Members consistently do not attend meetings it is a problem for the City. M/Herrera said it was difficult and somewhat impossible to define a uniform standard for accountability. Everyone performs jobs differently, according to their availability. M/Herrera said that some of the committees inherited by Council Members were dropped because there was no perceived value to the City. Such things are a natural evolution with respect to the City's participation. She asserted that every person wants to be the best possible Council Member and attend important events. C/O'Connor suggested that the Council should revisit the current committees and perhaps have staff offer suggestions accordingly. M/Herrera was not sure that this item was appropriate to be placed on the list of goals. Perhaps the Council could review this matter during one of its study sessions. DCM/Doyle recapped: 9) The JCC donation — change accept to consider. 2) Establish a process to evaluate sports needs. 3) Provide proposal to hire a part-time neighborhood improvement officer. 4) Consider bringing street sweeping in-house (provide cost -benefit report to Council). 5) Add $70,000 to 2003/04 budget for completion of citywide street sign replacement. 6) Include south side of Pathfinder Rd. in the Adopt -a -Slope program. 7) Code of Ethics — Identify policy on Council agenda. 8) Update City Manager's job description (City Manager Evaluation — not included in the goals and objectives list). Si) Change #4 to a Council Policy regarding Council appointed committees to a goal that would be to review the current Council appointees — schedule a study session to discuss. PUBLIC COMMENTS: Mr. Jerry Hamilton stated that overall the City Council was doing a good job on its budget. Fifty percent of the homes in his neighborhood have new owners. He reported that a five-year old survey would be outdated and should be updated. JUNE 3, 2003 PAGE 7 CC STUDY SESSION Mr. Clyde Hennessee announced that the City would take on additional expense by hiring an employee to do the street sweeping. The Council should rethink spending an additional $70,000 to install street signs as part of its goal toward fiscal responsibility. He agreed that Pathfinder Road should be improved and that establishing a committee to evaluate the City's sports needs was a good idea. He opposed hiring a part-time code enforcement officer to patrol streets on the weekend. A Code of Ethics should have been adopted years ago. Some of the meetings Council Members attend are no longer effective. The Council Members can determine what meetings are important to attend. CM/Lowry stated that the rollover budget includes additional items and does not support a one or two million -dollar reduction. C/O'Connor inquired as to Council discussing other possible budget changes. M/Herrera asked the Council whether it supports approval of a rollover budget or a budget that includes a one million or two -million dollar cut. C/Zirbes commented that cities would receive their fair share and was happy with the budget as presented. M/Herrera suggested that it was backward to adopt a rollover budget without knowing whether or not appropriate funds would be forthcoming. The City could opt to hold certain projects for six months to make certain funds were received. C/Chang supported a one million -dollar budget cut. M/Herrera agreed. With Council's concurrence, M/Herrera directed staff to prepare a budget identifying one million dollars worth of items that could be put on hold. C/O'Connor pointed out that the budget as presented to the Council, includes a $370,000 profit in addition to a 1 million dollar savings and wondered if staff was being asked to reduce an additional million dollars from the budget; bringing the total of the City's carry-over reserves to $1,370,000. C/Chang said that with the revised budget, if the State cuts no money from Diamond Bar's budget then the City would have a $1.3 million surplus this year. CM/Lowry reminded the Council that it decided not to cut-back on the slurry seal program. She stated that with additional clarification from Council, such as to whether or not staff was to delay the slurry seal project in light of reduced state subventions, staff would be able to determine what process and areas to address. M/Herrera said she did not want to cut any positions. The City was staffed to its limit, and perhaps delay filling the vacancies that currently exist. C/Chang said that by holding off Prospector's Road, Walnut Drive, and Washington Street cul-de-sac, the City would save over one million dollars. He supported the cutback of the three items that were agreed to by the Council. JUNE 3, 2003 PAGE 8 CC STUDY SESSION FD/Magnuson explained that staff already looked at taking out the CIP transfer out of the reserves. So, these three projects were not included. M/Herrera asked if Council was willing to hold off on the slurry seal projects. CM/Lowry said that the City is already $371,000 within its budget based on this scenario, necessitating only $630,000 to be reduced, leading the discussion back to the previous scenario of eliminating cost of living increase, and some of the consulting work already budgeted to meet the goals. After a brief exchange, CM/Lowry confirmed that staff was directed to bring back a budget for $13,115,000. ADJOURNMENT: With no further business to come before the City Council, M/Herrera adjourned the Study Session at 6:50 p.m. to Closed Session. Tommye Cribbins, Assistant City Clerk ATTEST: Carol Herrera, Mayor Agenda No. 6.1.4 CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION JUNE 3, 2003 STUDY SESSION: Mayor Herrera called the Study Session to order at 5:07 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 E. Copley Dr., Diamond Bar, CA. Present: Council Members O'Connor, Zirbes, Mayor Pro Tem/Huff, and Mayor Herrera Council Member Chang arrived at 5:09 p.m. Staff Present: Linda Lowry, City Manager; Mike Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Doyle, Deputy City Manager; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; April Blakey, Communications/Marketing Manager; Tommye Cribbins, Assistant City Clerk; Fred Alamolholda, Senior Engineer. 1) Fiscal Year 2003-04 Budget and Capital Improvement Programs. CM/Lowry stated that she and FD/Magnuson would walk the Council through the changes made to the official document that staff is asking Council to adopt at its next meeting. Page 2 is a schedule that represents the decision packages that Council approved at its last meeting. Behind that are the actual itemized adjustments in order to include those decision package items - bottom line figures reflected elsewhere in the budget wherever transfers or combining of items is accomplished. Page 122 and 123 includes capital improvement and the project wish list, where the City stands with its decision packages, and budget documents with staffs best effort to include Council's comments and Finance Committee recommendations for capital improvements. CM/Lowry referred the Council to the top of Page 122 - Slurry Seal for Area 5 and Area 1. The Finance Subcommittee recommended that the first item under street improvement 16001, Prospector Road and 16101, North Walnut Drive to Lemon, and the Washington Street cul-de-sac closure be postponed. These items were included as part of the ongoing capital improvement budget list. They have been highlighted to indicate the subcommittee's recommendation that the three projects be delayed. M/Herrera said that the subcommittee's recommendation was in conjunction with the preparation of several scenarios, depending on the amount of funding received from the state. These items were flagged for possible delay in anticipation of the funding that would be available. JUNE 3, 2003 PAGE 2 CC STUDY SESSION MPT/Huff explained that the Washington Street cul-de-sac project is a sensitive issue that was called for in the City's General Plan and was also a part of the entire Industry East Project. In fact, City of Industry has completed the cul-de-sac -- Diamond Bar has not done it on this side. CM/Lowry asked for Council's direction on these items. C/Zirbes said he was okay with the subcommittee's recommendations; Council concurred. CM/Lowry referred Council Members to the Parks and Recreation improvements on Page 122. Staff added the Sycamore Canyon ADA Retrofit as amended for Phase II. Line 15700 is Phase II. Line 18502 is the trailhead only. As a result of the last meeting, staff added in the Summitridge Park restrooms and drinking fountain. CSD/Rose explained that the estimate did not include the utility hookup. Construction of a sewer line could amount to a sizeable dollar difference. Staff will report back when a better estimate is received. It is likely that the estimate would increase by about $100,000. CM/Lowry stated that because the City does single -year budgets and capital improvements, the picnic shelters need to be carried -over and re -appropriated because the City would not have a contract in time to approve a purchase order for next year - $120,000 in Prop A monies. There are still some contracts that have not been done for incidentals for the Community/Senior Center - nothing beyond what has already been appropriated. M/Herrera asked staff to footnote the items that were appropriated and not spent. CM/Lowry said that Starshine remained the same. The amount indicated for miscellaneous improvements under 19403 for Sycamore Canyon slope (landscape repair) is for the construction phase. CM/Lowry stated that this is staffs recap to this point. Once Council gets into its goals and objectives and new goals and objectives, there may be additional items that impact the report. If so, those extra items could be summarized for Council at its next meeting. The slope improvement for Brea Canyon Cutoff is line 19203 under miscellaneous improvements. The A column at the top of Page 122 is MTA funds. GOALS AND OBJECTIVES: DCM/Doyle reported that staffs free-flow memo reminds everyone what the City has done. All of the Council's Goals and Objectives for the last fiscal year were categorized under General Plan categories - Retention of Rural Country Living, Community Character and Preservation of Open Space, Reduction of Regional Traffic Impacts, Promotion of Viable Commercial Activity and Creation of Community Environment. Staff added a category for Council's consideration - To JUNE 3, 2003 PAGE 3 CC STUDY SESSION Operate the City in a Fiscally and Managerial Responsible and Prudent Manner. Staff showed all of the goals and objectives to Council at a prior meeting in May and merged those items under the General Plan goals. Further, staff placed new goals offered by Council Members Zirbes and O'Connor within that context. If Council determines that these items should be added to the list, each Member should rank the order to each of the objectives under each goal. C/Zirbes said that when he came on the Council one of his goals was to sweep City streets on a weekly basis. There is a budget item for $240,000 for this item and a revenue offset of $300,000, for a profit of $60,000 exclusive of the CSOs. He reported on the services and methodology Valley Vista Service uses to calculate charges; which include city size, equipment required, and full maintenance. The dump fees - a figure provided by Valley Vista - would be substantially offset by the composting program. He commented that prior to the city's incorporation, streets were swept every week, and that he has received many complaints about the city's current contractor. He favored the City leasing, operating, and managing the street sweeping project, it would provide better service and offer more flexibility in schedules for about the same price. MPT/Huff asked if the lease program included the cost of fuel. C/Zirbes responded that Valley Vista would fuel the equipment and it could be placed in Diamond Bar or set in a composting area. The City could also have a pickup and drop off every day. C:/O'Connor asked if the City would have additional liability if it took on this service. Last time this issue was discussed someone mentioned that the City has to meet disposal standards. CA/Jenkins said that at this time, the City has no liability, so that would be additional. Insurance would need to include accidents that may occur from the vehicle or environmental liability. Additionally, there may be increased costs for employee insurance. C/Zirbes said he was suggesting that the operator be a Diamond Bar employee so that the City would have authority for discharging duties. The matter of hazardous materials and other potential liabilities to the City would be worthy of investigation. It was determined that one vehicle would be sufficient and suggested that the lease agreement be based upon the size of sweeper and would include maintenance and breakdown. C/Chang was not sure if the dump fee was enough to cover more than once a week. In terms of profit or loss, he indicated that $200,000 should be the maximum. The City was not interested in street sweeping being a profit-making venture and hoped the number of citations would be reduced. In the worse case scenario, the City would still realize a $30,000 profit. JUNE 3, 2003 PAGE 4 CC STUDY SESSION Discussion ensued as to the type and quality of equipment Valley Vista offered; work efficiency by a City employee versus a contractor; and hours of operation. C/Zirbes commented he was not proposing the city should lease equipment from Valley Vista but merely presenting numbers based on Valley Vista's estimates and that his goal was to have Council consideration. CM/Lowry reported that there are at least two ways to have weekly street sweeping, if that is Council's goal; purchase increased sweeping from Dixon or bring it in-house. C/Zirbes said it is not so much a matter of wanting weekly street sweeping as it is having in-house control. MPT/Huff commented that although the concept of weekly street sweeping is attractive, he was basically okay with every other week. There was further discussion comparing the benefits versus costs with weekly and bi-weekly street sweeping. C/O'Connor noted that there were certain times of the year when weekly street sweeping was advantageous. However, she was riot sure it was important to have weekly year-round street sweeping and that quality of service could be negotiated with the current contractor. MPT/Huff asked if the contractor was being given feedback because this topic has been discussed for some time now. He has not heard about any improvement so he is with the understanding that the contractor was performing at what he felt was an acceptable level. PWD/Liu said that staff has been giving direction to Mr. Dixon. C/Zirbes stated that with respect to his second item, JCC was looking to sell their five -acre parcel at the SR 60 and Diamond Bar Boulevard, at the north end of town between the off -ramp and Wienerschnitzel. Recently, Council approved a zone change for the property. His suggestion is that JCC donate the property to Diamond Bar, that the City make basic landscape improvements and dedicate it to CalTrans for improvement to the freeway system in and around Diamond Bar. C/Zirbes explained his third item was for the City to take a look at putting all of the new street signs up this year for continuity rather than portion the project out over two or three years. Each area costs about $35,000 for sign replacement. C/Zirbes noted that Pathfinder Road does not look very good from the SR 57 and that Item 4 suggests incorporating a project to improve the south side of Pathfinder Rd and the slope coming off of the SR 57 on the north side of Pathfinder and Evergreen Springs. CM/Lowry said that staff had talked about whether some of these items would require an appropriation; doing all of the signs this year would require adding $67,000 to the current proposed budget. Staff related that considerable progress JUNE 3, 2003 PAGE 5 CC STUDY SESSION could be made on the Pathfinder Rd. issue without an appropriation. If the Council gave it a goal priority it would be something the City could absorb without budget appropriation. C/O'Connor offered that it would not be good to single -out one area at the cost of other areas throughout the City. M/Herrera said that if these items are added to the goals, Council Members would have to go through a re -ranking to see how the other goals would fare. Work on the other slopes is already included in the Council's goals and this slope would be added to the category. C/Zirbes explained that Item 5 came out during discussions in the past year. He envisioned establishing a committee similar to the Community/Senior Center committee to begin looking at the possibility of a sports complex. In addition to obtaining the community's aspirations, the committee would also be charged with determining size, potential sites, and funding sources, similar to the process undertaken to determine the feasibility of a community center and a library. C/Zirbes said that his sixth item referred to the current budget item for a full-time senior neighborhood improvement officer. A possible cost-effective compromise would be to hire a 20 -hour per week part-time officer to give the City weekend coverage for monitoring illegal signs, etc. C/O'Connor said her first item was to adopt a Code of Ethics. The number two goal was to update the City Manager's job description. She expressed the necessity for budget purposes to have a more explicit understanding of the City Manager's role and responsibility relating to Council -attended conferences. M/Herrera stated that this item would be more appropriately addressed as part of the City Manager evaluation process and should, perhaps, be discussed on that level. C:/O'Connor indicated that conference attendance was a budget item and whether the Council wanted to monetarily support conference attendance. M/Herrera said that usually conference attendance is more subjective depending on the Council Member's need for information. For instance, new Council Members would be expected to attend more conferences so that they could learn about various subjects. After a period of time, there is nothing new to be gained by attending. MPT/Huff pointed out that it is also a matter of availability. M/Herrera related that currently there is no policy in place and the whole topic is probably more appropriate for the evaluation process. C/O'Connor said that her third item has to do with placing items on Council agendas. This item may also have to do with updating the Council handbook for a clearer understanding for both Council Members and staff. JUNE 3, 2003 PAGE 6 CC STUDY SESSION C/O'Connor stated that her fourth suggestion deals with Council appointed committees. She wondered if Council should continue to have assignments on regional committees. As long as Council has assigned subcommittee members, the delegates and alternates should attend the meetings. From time to time circumstances preclude delegates from attending meetings. However, when Council Members consistently do not attend meetings it is a problem for the City. M/Herrera said it was difficult and somewhat impossible to define a uniform standard for accountability. Everyone performs jobs differently, according to their availability. M/Herrera said that some of the committees inherited by Council Members were dropped because there was no perceived value to the City. Such things are a natural evolution with respect to the City's participation. She asserted that every person wants to be the best possible Council Member and attend important events. C/O'Connor suggested that the Council should revisit the current committees and perhaps have staff offer suggestions accordingly. M/Herrera was not sure that this item was appropriate to be placed on the list of goals. Perhaps the Council could review this matter during one of its study sessions. DCM/Doyle recapped: 1) The JCC donation - change accept to consider. Establish a process to evaluate sports needs. 2) 3) Provide proposal to hire a part-time neighborhood improvement officer. 4) Consider bringing street sweeping in-house (provide cost -benefit report to Council). 5) Add $70,000 to 2003/04 budget for completion of citywide street sign replacement. 6) Include south side of Pathfinder Rd. in the Adopt -a -Slope program. 7) Code of Ethics - Identify policy on Council agenda. EI) Update City Manager's job description (City Manager Evaluation - not included in the goals and objectives list). 9i) Change #4 to a Council Policy regarding Council appointed committees to a goal that would be to review the current Council appointees - schedule a study session to discuss. PUBLIC COMMENTS: Mr. Jerry Hamilton stated that overall the City Council was doing a good job on its budget. Fifty percent of the homes in his neighborhood have new owners. He reported that a five-year old survey would be outdated and should be updated. JUNE3,2003 PAGE 7 CC STUDY SESSION Mr. Clyde Hennessee announced that the City would take on additional expense by hiring an employee to do the street sweeping. The Council should rethink spending an additional $70,000 to install street signs as part of its goal toward fiscal responsibility. He agreed that Pathfinder Road should be improved and that establishing a committee to evaluate the City's sports needs was a good idea. He opposed hiring a part-time code enforcement officer to patrol streets on the weekend. A Code of Ethics should have been adopted years ago. Some of the meetings Council Members attend are no longer effective. The Council Members can determine what meetings are important to attend. CM/Lowry stated that the rollover budget includes additional items and does not support a one or two million -dollar reduction. C/O'Connor inquired as to Council discussing other possible budget changes. M/Herrera asked the Council whether it supports approval of a rollover budget or a budget that includes a one million or two -million dollar cut. C/Zirbes commented that cities would receive their fair share and was happy with the budget as presented. M/Herrera suggested that it was backward to adopt a rollover budget without knowing whether or not appropriate funds would be forthcoming. The City could opt to hold certain projects for six months to make certain funds were received. C/Chang supported a one million -dollar budget cut. M/Herrera agreed. With Council's concurrence, M/Herrera directed staff to prepare a budget identifying one million dollars worth of items that could be put on hold. C/O'Connor pointed out that the budget as presented to the Council, includes a $370,000 profit in addition to a 1 million dollar savings and wondered if staff was being asked to reduce an additional million dollars from the budget; bringing the total of the City's carry-over reserves to $1,370,000. C/Chang said that with the revised budget, if the State cuts no money from Diamond Bar's budget then the City would have a $1.3 million surplus this year. CM/Lowry reminded the Council that it decided not to cut-back on the slurry seal program. She stated that with additional clarification from Council, such as to whether or not staff was to delay the slurry seal project in light of reduced state subventions, staff would be able to determine what process and areas to address. M/Herrera said she did not want to cut any positions. The City was staffed to its limit, and perhaps delay filling the vacancies that currently exist. C/Chang said that by holding off Prospector's Road, Walnut Drive, and Washington Street cul-de-sac, the City would save over one million dollars. He supported the cutback of the three items that were agreed to by the Council. JUNE 3, 2003 PAGE 8 CC STUDY SESSION FD/Magnuson explained that staff already looked at taking out the CIP transfer out of the reserves. So, these three projects were not included. M/Herrera asked if Council was willing to hold off on the slurry seal projects. CM/Lowry said that the City is already $371,000 within its budget based on this scenario, necessitating only $630,000 to be reduced, leading the discussion back to the previous scenario of eliminating cost of living increase, and some of the consulting work already budgeted to meet the goals. After a brief exchange, CM/Lowry confirmed that staff was directed to bring back a budget for $13,115,000. ADJOURNMENT: With no further business to come before the City Council, M/Herrera adjourned the Study Session at 6:50 p.m. to Closed Session. Tommye Cribbins, Assistant City Clerk ATTEST: Carol Herrera, Mayor Agenda No. 6.1.5 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JUNE 3, 2003 CALL TO ORDER: Mayor Herrera called the meeting to order at 7:00 p.m. in the Auditorium of the South Coast Air Quality Management District, 21865 E. Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Council Member Chang led the Pledge of Allegiance. INVOCATION: Mr. Paul Keh, 2"d Council, Jesus Christ of Latter Day Saints gave the invocation. ROLL CALL: Council Members Chang, O'Connor, Zirbes, Mayor Pro Tem Huff, and Mayor Herrera. Staff present: Linda Lowry, City Manager; Mike Jenkins, City Attorney; David Doyle, Deputy City Manager; Jim DeStefano, Deputy City Manager; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director and Tommye Cribbins, Assistant City Clerk. APPROVAL OF AGENDA: CM/Lowry reported that the CalTrans representative is not available for tonight's presentation under Agenda Item 1. A meeting between CalTrans officials and staff is scheduled for tomorrow afternoon to discuss traffic mitigation plans and alternate routing for the SR 57/60 improvements. Additionally, Margaret Donnellan Todd had a scheduling conflict and would not be available for her presentation under Agenda Item 1.3 and requested that the matter be rescheduled. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 11.1 Presentation by CalTrans representative regarding the 57/60 High Occupancy Vehicle (HOV) Freeway reconstruction project (lane construction) — canceled. 11.2 Presentation of City Tile to Loren Wilson, General Manager, Oak Tree Lanes, as Business of the Month, June 2003, and display of Business of the Month video. 11.3 Presentation by L. A. County Librarian Margaret Donnellan Todd on the impacts of the proposed County FY 2003-04 budget on library services in the City — Continued. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered. 3. PUBLIC COMMENTS: Lorelei Gerdine, 3024 Deerfield Place, Chino Hills, said she was concerned about parking next to the Industry Metro -Link Station. With the growth in train -use population, the parking is limited and it has caused overflow JUNE 3, 2003 PAGE 2 CITY COUNCIL parking on Washington Street. Because of inadequate signage about the street sweeping on Mondays, she received a citation. Paul Vessov, 2532 Crooked Creek Dr., Diamond Bar, requested the bus bench be moved away from his rear property wall that faces Diamond Bar Blvd. He presented the Council with photos of the area and photos of a bus bench further down on Diamond Bar Blvd that showed better placement. Jerry Hamilton asked if traffic would be diverted through Diamond Bar during construction of the CalTrans project and if so, would hazardous waste and hazardous chemicals be transported on the City's streets. If so, enforcement should be increased on the streets. He asked if the City could have the presence of the Highway Patrol since this is a State project. He has heard a lot of talk about supporting sports events — the City needs libraries. Clyde Hennessee concurred with Mr. Hamilton stating that the City needs libraries more than it needs more sports and sports facilities. With respect to Item 6.6, does the City really need more computers? He did not understand why the City needed more computers every two to three years. During tonight's Study Session, one of the new goals to be considered was "to operate the City in a fiscally and managerial responsible and prudent manner." He thought that this was always a goal of Diamond Bar. 4. RESPONSE TO PUBLIC COMMENTS: M/Herrera responded to Ms. Gerdine that the City increased the signage on Washington Street and throughout the City. Further, the City of Industry plans to double the size of the current Metro -Link Station parking lot. She asked Ms. Gerdine to resubmit her citation for review to the City Manager. M/Herrera indicated to Mr. Vessov that staff would look into the matter of the bus bench at the rear of his property and explained to Mr. Hennessee that it has been an unwritten goal for the City to operate in a prudent and fiscally responsible manner. The only difference is that the policy is now a written policy. DCM/Doyle responded to Mr. Hennessee's inquiry that Item 6.6 deals with the replacement of the majority of desktop computers at City Hall. Staff members rely on computer technology for about 90 percent of their work. The mainframe computer system was upgraded — the desktop computers were not since the original purchase approximately five years ago. The City is aggressively moving into an e -government environment and staff believes it is prudent to upgrade the existing computers that have exceeded their warranty periods. It is prudent for City government to maintain current technology so that there is no negative impact to the City and its residents. JUNE 3, 2003 PAGE 3 CITY COUNCIL S. SCHEDULE OF FUTURE EVENTS: 5.1 DIAMOND BAR IMPROVEMENT ASSOCIATION ANNUAL "PAINT THE TOWN" PROJECT — June 7, 2003 - 7:00 a.m. — assembles at Heritage Park, 2900 S. Brea Canyon Rd. 5.2 PLANNING COMMISSION MEETING — June 10, 2003 — 7:00 p.m., SCAQMD/Government Center Auditorium, 21865 E. Copley Drive. 5.3 TRAFFIC AND TRANSPORTATION COMMISSION MEETING — June 12, 2003 — 7:00 p.m., SCAQMD/Government Center, 21865 E. Copley Dr. 5.4 DIAMOND BAR COMMUNITY FOUNDATION MEETING — June 12, 2003 — 7:00 p.m., SCAQMD/Government Center Room CC -8, 21865 E. Copley Dr. 15.5 CITY COUNCIL MEETING — June 17, 2003 — 6:30 p.m., SCAQMD/Government Center Auditorium, 21865 E. Copley Dr. 5.6 THE FIRST IN THE SERIES OF CONCERTS IN THE PARK (sponsored by the Diamond Bar Community Foundation), "SoundBytes" (60's — 90's music) — June 25, 2003, 6:30 p.m. — 8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Dr. 6. CONSENT CALENDAR: Moved by C/Chang, seconded by C/O'Connor, to approve the Consent Calendar as presented with the removal of Item 6.5. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, O'Connor, Zirbes, MPT/Huff, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 13.1 CITY COUNCIL MINUTES — Adjourned Regular Meeting for May 13, 2003 — Continued to June 17, 2003. (subsequently continued to July 1, 2003) 6.2 RECEIVED AND FILED - PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of April 24, 2003. 6.3 APPROVED WARRANT REGISTERS dated May 22 and May 29, 2003 in an amount totaling $946,892.53. 6.4 APPROVED TREASURER'S STATEMENT — month of April 2003. 6.6 APPROVED PURCHASE OF COMPUTERS FOR CITY HALL IN AN AMOUNT NOT -TO -EXCEED $78,587 AND APPROPRIATED $16,000 FROM GENERAL FUND RESERVES. JUNE 3, 2003 PAGE 4 CITY COUNCIL 13.7 RECEIVED AND FILED — ANNUAL REPORT FROM VALLEY VISTA SERVICES FOR CALENDAR YEAR 2002. 6.8 RECEIVED AND FILED — ANNUAL REPORT FROM WASTE MANAGEMENT, INC. FOR CALENDAR YEAR 2002. ITEMS REMOVED FROM CONSENT CALENDAR: 6.5 ADOPTED RESOLUTION NO. 2003-29: OPPOSING ANY REDUCTION IN SERVICE AT THE DIAMOND BAR PUBLIC LIBRARY. C/Chang stated that due to the State budget crisis, the County received a cut of about 7.2 million dollars to the library fund, a cut that would affect the City. The City has always been self-sufficient and there should be no reduction in service because the shortfall lies with the County, not the City. C/Chang moved, MPT/Huff seconded, to adopt Resolution No. 2003-29 opposing any reduction in service at the Diamond Bar Public Library. AYES: COUNCIL MEMBERS: Chang, O'Connor, Zirbes, MPT/Huff, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 7. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: 8.1 DISCUSSION AND DIRECTION REGARDING YOUTH MASTER PLAN STEERING COMMITTEE. CM/Lowry reported that as Council is aware, it approved a contract for a consulting company to work with staff and the City to prepare a Youth Master Plan. Included in the proposal was the creation of a stakeholder group and steering committee to work on formulation of the plan. At its May 20 Study Session, Council discussed potential makeup of the steering committee. Tonight's agenda item is to further that discussion. M/Herrera stated that this is a budget item that will cost the City $87,000 and it bears discussion amongst Council Members as to the process. C/O'Connor asked for a recommendation from staff and the consultant as to who they felt should serve on the steering committee that would provide the most successful results. Staff previously mentioned school district members and teachers who would have a vested interest. JUNE 3, 2003 PAGE 5 CITY COUNCIL CSD/Rose responded that staff met with the consultant on one occasion. Following the meeting, staff received the list of criteria for selection of members for the stakeholder group and steering committee. Staff would be happy to attach names to the criteria list for Council's consideration, if so instructed. C/O'Connor was not so interested in names as organizations. Letters need to be sent prior to the close of school in two weeks. Schools are one option for selection of representation and she hoped Council would have more direction from staff about the consultant's recommendation. CSD/Rose indicated that there is a definite desire to have school board members, City Council Members, representatives from the Superintendent's office of both school districts, as well as people within elementary, middle, and high schools that are available to provide the type of work the steering committee would be charged with. The steering committee would be doing a lot of research and members need to make a commitment of time to be a part of the group. Also, the steering committee should include private sector individuals such as pediatricians, psychologists, etc. C/O'Connor commented on the selection process and commitment necessary. M/Herrera commented that because this was a budget item, Council participation would be important and desirable. Certainly staff could make recommendations. She hoped that the Council would not spend a lot of time reinventing the wheel. There are other communities that have plans this City could mirror. She also hoped that the development of the Youth Master Plan would be all- inclusive to include churches, as they have very strong youth organizations and programs. She also hoped that representatives could be selected from many groups — not just teachers and not just pediatricians. There would likely be other community members who would like to participate and that they should send a letter of interest to the City for staff to compile a list. Perhaps each Council Member could then appoint one or more members from that list. She concurred with C/O'Connor's point that people may need to be notified prior to the close of school. In response to C/O'Connor, CSD/Rose responded that the consultant's goal was to have the steering committee in place as soon as possible, within the next 30 days. C/O'Connor suggested letters be sent to appropriate organizations, schools and churches and other individuals right away. The City hired a consultant JUNE 3, 2003 PAGE 6 CITY COUNCIL and would like to have his suggestions mandated by the Council. M/Herrera said that the consultant is charged to develop the City's plan, not their plan. C/Chang agreed that a recruitment letter should be sent out as soon as possible. In his opinion, letters should be sent to all of the sports organizations, leagues, and any other organizations suggested by staff and the consultant. The letter should set a time limit for response, as well as informing the prospective members with a tentative agenda. C/O'Connor suggested that two Council Members and two Parks and Recreation Commissioners should serve on the steering committee. C/Zirbes said that a limited number of people are being proposed to serve on the steering committee. He was not certain that City officials should occupy four of the maximum twenty seats. Getting letters out is important. Consultants are familiar with the process and understand that a limited number of people work to move the process forward. He would be more interested in seeing the types of titles and positions that would be listed by the consultant. C/Chang favored 19 or 21 steering committee members including two Council Members plus the consultant and staff. However, the consultant and staff should not have voting power. M/Herrera agreed with C/Zirbes that she would not like to see Council Members and Parks and Recreation Commissioners take up four of the 20 slots. The consultant has recommended that the steering committee be comprised of no more than 20 individuals. The plan would come back to the Council for approval so there is no need for Council Members to participate in the steering committee. CSD/Rose reported that the consultant indicated that the steering committee needs representation by at least one Council Member and One Parks and Recreation Commissioner in addition to school district and other entities. This is the City's plan and there should be City representation in the development of the plan. Offering clarification to M/Herrera, C/Chang affirmed that one member of Council and one member of the Parks and Recreation Commission be selected to serve, with voting rights, but that staff should remain neutral. MPT/Huff said that he did not have strong feelings either way, and can understand the value in having a Council Member and a Parks and Recreation Commissioner serve on the steering committee. That model JUNE 3, 2003 PAGE 7 CITY COUNCIL proved effective for the Community/Senior Center task force and the offsite parking issues. After further clarification by CSD/Rose that the consultant did not provide a specific number but encouraged a Council Member to be involved in the process, C/Zirbes reiterated that it may be too early in the process for Council to mandate the number of seats filled by Council and the Parks and Recreation Commission members. C/Chang moved, C/Zirbes seconded, to have one Council Member and one Parks and Recreation Commissioner represented on the Youth Master Plan steering committee with the remaining membership from the community at - large, and the consultant and staff remaining neutral. AYES: COUNCIL MEMBERS: Chang, Zirbes, M/Herrera NOES: COUNCIL MEMBERS: O'Connor, MPT/Huff ABSENT: COUNCIL MEMBERS: None C/O'Connor said she voted "NO" because she preferred to wait for the consultant's input as to who should serve on the steering committee. 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Chang said that his two sons are very pleased with the basketball courts and facilities at Pantera Park. He has noticed that the basketball courts are used to capacity. He lauded staffs effort with the design and maintenance of Pantera Park, the facility is enjoyed by many, even at night. He suggested law enforcement officials patrol the area to maintain the integrity of the park and its safety. C/Zirbes thanked the Parks and Recreation Commission for participating in a joint session with the Council last Tuesday. He congratulated the Brahma Foundation on its successful Casino Night last Friday. They raised $40,000 for the high school. He attended a "Friends of the Library" event and congratulated them on their event. He asked everyone to participate in the "Paint the Town" program this Saturday. C:/O'Connor was disappointed that CalTrans was a no-show this evening. At the Chamber meeting, CalTrans spoke about the detour routes that they intended to put throughout the City. She was pleased when a resident recognized the issue of the potentially hazardous waste and toxic material that would be transported throughout the city. She did not realize that construction would take place as far north as the signs are posted. Signs declare that the southbound off -ramp from the SR 57 at Sunset Crossing Road would be closed intermittently. She also noted signs declaring Alternate 57/60 Route at Sunset Crossing Rd. She asked staff to find out why CalTrans is commencing that far north with their closures and how often the JUNE 3, 2003 PAGE 8 CITY COUNCIL closures would take place. The same holds true for the eastbound Brea Canyon exit. She asked staff to provide a report on these issues at the next Council meeting and ask CalTrans if trucks transporting hazardous waste and toxic chemicals could be diverted to Valley Boulevard so that potential impacts to residential neighborhoods would be mitigated. Schools will be out in two weeks. Her youngest is graduating from middle school. She asked everyone to be watchful about the children that would soon be on City sidewalks and drive carefully. MPT/Huff reported that on May 28 the Alameda Corridor East held a groundbreaking ceremony for an overpass/underpass project at Nogales Rd. C/Chang and Congressman David Drier attended the event. Congressman Drier was instrumental in helping attain funding for the project as were other officials, including Congressman Gary Miller. It is exciting to see the $44 million project commence. At issue is a funding source for at least the three of the four grade separations in the Fast phase; included in that is Brea Canyon Rd. ACE is hopeful that MTA will step forward with funding to help realize the project He reminded residents that the Walnut Valley Rotary Club would host a charity golf tournament at 7:30 a.m. on Thursday morning. The proceeds help supplement arts programs for school children in Diamond Bar, Walnut, and Rowland Heights, and for the Mt. SAC jazz program. M/Herrera explained that tonight's meeting commenced a little late due to a very involved study session to address next year's budget. The Council continues to work prudently, identifying the budget items to be considered, at the June 17 meeting, for possible elimination due to the State's situation. She reported that the San Gabriel Valley Council of Governments appointed her to the SCAG transportation committee. This committee is charged with looking at truck traffic on the SR 60. A couple of years ago SCAG looked at diverting all of the truck traffic onto the SR 60 and building truck lanes. Truck lanes would cost billions of dollars and would mean an additional lane above the freeway lanes. There was no resolution on who would pay for these changes. SCAG continues to look at the SR 60 as the only solution for the truck traffic. She was pleased to be able to point out to SCAG that they should look at other freeways such as the 10 and 210 freeways and that the SR 60 cannot be their only solution for moving truck traffic eastward. 10. ADJOURNMENT: There being no further business to conduct, M/Herrera adjourned the meeting at 8:12 p.m. ATTEST: Carol Herrera, Mayor Tommye Cribbins, Assistant City Clerk Agenda No. 6.1.5 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR JUNE 3, 2003 CALL TO ORDER: Mayor Herrera called the meeting to order at 7:00 p.m. in the Auditorium of the South Coast Air Quality Management District, 21865 E. Copley Dr., Diamond Bar, CA. PLEDGE OF ALLEGIANCE: Council Member Chang led the Pledge of Allegiance. INVOCATION: Mr. Paul Keh, 2"d Council, Jesus Christ of Latter Day Saints gave the invocation. ROLL CALL: Council Members Chang, O'Connor, Zirbes, Mayor Pro Tern Huff, and Mayor Herrera. Staff present: Linda Lowry, City Manager; Mike Jenkins, City Attorney; David Doyle, Deputy City Manager; Jim DeStefano, Deputy City Manager; David Liu, Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Finance Director and Tommye Cribbins, Assistant City Clerk. APPROVAL OF AGENDA: CM/Lowry reported that the CalTrans representative is not avaiilable for tonight's presentation under Agenda Item 1. A meeting between CalTrans officials and staff is scheduled for tomorrow afternoon to discuss traffic mitigation plans and alternate routing for the SR 57/60 improvements. Additionally, Margaret Donnellan Todd had a scheduling conflict and would not be available for her presentation under Agenda Item 1.3 and requested that the matter be rescheduled. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 11.1 Presentation by CalTrans representative regarding the 57/60 High Occupancy Vehicle (HOV) Freeway reconstruction project (lane construction) - canceled. 11.2 Presentation of City Tile to Loren Wilson, General Manager, Oak Tree Lanes, as Business of the Month, June 2003, and display of Business of the Month video. 1.3 Presentation by L. A. County Librarian Margaret Donnellan Todd on the impacts of the proposed County FY 2003-04 budget on library services in the City - Continued. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered. 3. PUBLIC COMMENTS: Lorelei Gerdine, 3024 Deerfield Place, Chino Hills, said she was concerned about parking next to the Industry Metro-Link Station. With the growth in train-use population, the parking is limited and it has caused overflow JUNE 3, 2003 PAGE 2 CITY COUNCIL parking on Washington Street. Because of inadequate signage about the street sweeping on Mondays, she received a citation. Paul Vessov, 2532 Crooked Creek Dr., Diamond Bar, requested the bus bench be moved away from his rear property wall that faces Diamond Bar Blvd. He presented the Council with photos of the area and photos of a bus bench further down on Diamond Bar Blvd that showed better placement. Jerry Hamilton asked if traffic would be diverted through Diamond Bar during construction of the CalTrans project and if so, would hazardous waste and hazardous chemicals be transported on the City's streets. If so, enforcement should be increased on the streets. He asked if the City could have the presence of the Highway Patrol since this is a State project. He has heard a lot of talk about supporting sports events - the City needs libraries. Clyde Hennessee concurred with Mr. Hamilton stating that the City needs libraries more than it needs more sports and sports facilities. With respect to Item 6.6, does the City really need more computers? He did not understand why the City needed more computers every two to three years. During tonight's Study Session, one of the new goals to be considered was "to operate the City in a fiscally and managerial responsible and prudent manner." He thought that this was always a goal of Diamond Bar. 4. RESPONSE TO PUBLIC COMMENTS: M/Herrera responded to Ms. Gerdine that the City increased the signage on Washington Street and throughout the City. Further, the City of Industry plans to double the size of the current Metro-Link Station parking lot. She asked Ms. Gerdine to resubmit her citation for review to the City Manager. M/Herrera indicated to Mr. Vessov that staff would look into the matter of the bus bench at the rear of his property and explained to Mr. Hennessee that it has been an unwritten goal for the City to operate in a prudent and fiscally responsible manner. The only difference is that the policy is now a written policy. DCM/Doyle responded to Mr. Hennessee's inquiry that Item 6.6 deals with the replacement of the majority of desktop computers at City Hall. Staff members rely on computer technology for about 90 percent of their work. The mainframe computer system was upgraded - the desktop computers were not since the original purchase approximately five years ago. The City is aggressively moving into an e -government environment and staff believes it is prudent to upgrade the existing computers that have exceeded their warranty periods. It is prudent for City government to maintain current technology so that there is no negative impact to the City and its residents. JUNE 3, 2003 PAGE 3 5. SCHEDULE OF FUTURE EVENTS: CITY COUNCIL 5.1 DIAMOND BAR IMPROVEMENT ASSOCIATION ANNUAL "PAINT THE TOWN" PROJECT - June 7, 2003 - 7:00 a.m. - assembles at Heritage Park, 2900 S. Brea Canyon Rd. 5.2 PLANNING COMMISSION MEETING - June 10, 2003 - 7:00 p.m., SCAQMD/Government Center Auditorium, 21865 E. Copley Drive. 5.3 TRAFFIC AND TRANSPORTATION COMMISSION MEETING - June 12, 2003 - 7:00 p.m., SCAQMD/Government Center, 21865 E. Copley Dr. 5.4 DIAMOND BAR COMMUNITY FOUNDATION MEETING - June 12,2003- 7:00 p.m., SCAQMD/Government Center Room CC -8, 21865 E. Copley Dr. 5.5 CITY COUNCIL MEETING - June 17, 2003 - 6:30 p.m., SCAQMD/Government Center Auditorium, 21865 E. Copley Dr. 5.6 THE FIRST IN THE SERIES OF CONCERTS IN THE PARK (sponsored by the Diamond Bar Community Foundation), "SoundBytes" (60's - 90's music) - June 25, 2003, 6:30 p.m. - 8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Dr. 6. CONSENT CALENDAR: Moved by C/Chang, seconded by C/O'Connor, to approve the Consent Calendar as presented with the removal of Item 6.5. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, O'Connor, Zirbes, MPT/Huff, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 13.1 CITY COUNCIL MINUTES - Adjourned Regular Meeting for May 13, 2003 - Continued to June 17, 2003. (subsequently continued to July 1, 2003) 13.2 RECEIVED AND FILED - PARKS AND RECREATION COMMISSION MINUTES - Regular Meeting of April 24, 2003. 6.3 APPROVED WARRANT REGISTERS dated May 22 and May 29, 2003 in an amount totaling $946,892.53. 6.4 APPROVED TREASURER'S STATEMENT - month of April 2003. 6.6 APPROVED PURCHASE OF COMPUTERS FOR CITY HALL IN AN AMOUNT NOT -TO -EXCEED $78,587 AND APPROPRIATED $16,000 FROM GENERAL FUND RESERVES. JUNE 3, 2003 PAGE 4 CITY COUNCIL 6.7 RECEIVED AND FILED - ANNUAL REPORT FROM VALLEY VISTA SERVICES FOR CALENDAR YEAR 2002. 6.8 RECEIVED AND FILED - ANNUAL REPORT FROM WASTE MANAGEMENT, INC. FOR CALENDAR YEAR 2002. ITEMS REMOVED FROM CONSENT CALENDAR: E3.5 ADOPTED RESOLUTION NO. 2003-29: OPPOSING ANY REDUCTION IN SERVICE AT THE DIAMOND BAR PUBLIC LIBRARY. C/Chang stated that due to the State budget crisis, the County received a cut of about 7.2 million dollars to the library fund, a cut that would affect the City. The City has always been self-sufficient and there should be no reduction in service because the shortfall lies with the County, not the City. C/Chang moved, MPT/Huff seconded, to adopt Resolution No. 2003-29 opposing any reduction in service at the Diamond Bar Public Library. AYES: COUNCIL MEMBERS: Chang, O'Connor, Zirbes, MPT/Huff, M/Herrera NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 7. PUBLIC HEARINGS: None 8. COUNCIL CONSIDERATION: 8.1 DISCUSSION AND DIRECTION REGARDING YOUTH MASTER PLAN STEERING COMMITTEE. CM/Lowry reported that as Council is aware, it approved a contract for a consulting company to work with staff and the City to prepare a Youth Master Plan. Included in the proposal was the creation of a stakeholder group and steering committee to work on formulation of the plan. At its May 20 Study Session, Council discussed potential makeup of the steering committee. Tonight's agenda item is to further that discussion. M/Herrera stated that this is a budget item that will cost the City $87,000 and it bears discussion amongst Council Members as to the process. C/O'Connor asked for a recommendation from staff and the consultant as to who they felt should serve on the steering committee that would provide the most successful results. Staff previously mentioned school district members and teachers who would have a vested interest. JUNE 3, 2003 PAGE 5 CITY COUNCIL CSD/Rose responded that staff met with the consultant on one occasion. Following the meeting, staff received the list of criteria for selection of members for the stakeholder group and steering committee. Staff would be happy to attach names to the criteria list for Council's consideration, if so instructed. C/O'Connor was not so interested in names as organizations. Letters need to be sent prior to the close of school in two weeks. Schools are one option for selection of representation and she hoped Council would have more direction from staff about the consultant's recommendation. CSD/Rose indicated that there is a definite desire to have school board members, City Council Members, representatives from the Superintendent's office of both school districts, as well as people within elementary, middle, and high schools that are available to provide the type of work the steering committee would be charged with. The steering committee would be doing a lot of research and members need to make a commitment of time to be a part of the group. Also, the steering committee should include private sector individuals such as pediatricians, psychologists, etc. C/O'Connor commented on the selection process and commitment necessary. M/Herrera commented that because this was a budget item, Council participation would be important and desirable. Certainly staff could make recommendations. She hoped that the Council would not spend a lot of time reinventing the wheel. There are other communities that have plans this City could mirror. She also hoped that the development of the Youth Master Plan would be all- inclusive to include churches, as they have very strong youth organizations and programs. She also hoped that representatives could be selected from many groups - not just teachers and not just pediatricians. There would likely be other community members who would like to participate and that they should send a letter of interest to the City for staff to compile a list. Perhaps each Council Member could then appoint one or more members from that list. She concurred with C/O'Connor's point that people may need to be notified prior to the close of school. In response to C/O'Connor, CSD/Rose responded that the consultant's goal was to have the steering committee in place as soon as possible, within the next 30 days. C/O'Connor suggested letters be sent to appropriate organizations, schools and churches and other individuals right away. The City hired a consultant JUNE 3, 2003 PAGE 6 CITY COUNCIL and would like to have his suggestions mandated by the Council. M/Herrera said that the consultant is charged to develop the City's plan, not their plan. C/Chang agreed that a recruitment letter should be sent out as soon as possible. In his opinion, letters should be sent to all of the sports organizations, leagues, and any other organizations suggested by staff and the consultant. The letter should set a time limit for response, as well as informing the prospective members with a tentative agenda. C/O'Connor suggested that two Council Members and two Parks and Recreation Commissioners should serve on the steering committee. C/Zirbes said that a limited number of people are being proposed to serve on the steering committee. He was not certain that City officials should occupy four of the maximum twenty seats. Getting letters out is important. Consultants are familiar with the process and understand that a limited number of people work to move the process forward. He would be more interested in seeing the types of titles and positions that would be listed by the consultant. C/Chang favored 19 or 21 steering committee members including two Council Members plus the consultant and staff. However, the consultant and staff should not have voting power. M/Herrera agreed with C/Zirbes that she would not like to see Council Members and Parks and Recreation Commissioners take up four of the 20 slots. The consultant has recommended that the steering committee be comprised of no more than 20 individuals. The plan would come back to the Council for approval so there is no need for Council Members to participate in the steering committee. CSD/Rose reported that the consultant indicated that the steering committee needs representation by at least one Council Member and One Parks and Recreation Commissioner in addition to school district and other entities. This is the City's plan and there should be City representation in the development of the plan. Offering clarification to M/Herrera, C/Chang affirmed that one member of Council and one member of the Parks and Recreation Commission be selected to serve, with voting rights, but that staff should remain neutral. MPT/Huff said that he did not have strong feelings either way, and can understand the value in having a Council Member and a Parks and Recreation Commissioner serve on the steering committee. That model JUNE 3, 2003 PAGE 7 CITY COUNCIL proved effective for the Community/Senior Center task force and the offsite parking issues. After further clarification by CSD/Rose that the consultant did not provide a specific number but encouraged a Council Member to be involved in the process, C/Zirbes reiterated that it may be too early in the process for Council to mandate the number of seats filled by Council and the Parks and Recreation Commission members. C/Chang moved, C/Zirbes seconded, to have one Council Member and one Parks and Recreation Commissioner represented on the Youth Master Plan steering committee with the remaining membership from the community at - large, and the consultant and staff remaining neutral. AYES: COUNCIL MEMBERS: Chang, Zirbes, M/Herrera NOES: COUNCIL MEMBERS: O'Connor, MPT/Huff ABSENT: COUNCIL MEMBERS: None C/O'Connor said she voted "NO" because she preferred to wait for the consultant's input as to who should serve on the steering committee. 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C:/Chang said that his two sons are very pleased with the basketball courts and facilities at Pantera Park. He has noticed that the basketball courts are used to capacity. He lauded staffs effort with the design and maintenance of Pantera Park, the facility is enjoyed by many, even at night. He suggested law enforcement officials patrol the area to maintain the integrity of the park and its safety. C/Zirbes thanked the Parks and Recreation Commission for participating in a joint session with the Council last Tuesday. He congratulated the Brahma Foundation on its successful Casino Night last Friday. They raised $40,000 for the high school. He attended a "Friends of the Library" event and congratulated them on their event. He asked everyone to participate in the "Paint the Town" program this Saturday. C:/O'Connor was disappointed that CalTrans was a no-show this evening. At the Chamber meeting, CalTrans spoke about the detour routes that they intended to put throughout the City. She was pleased when a resident recognized the issue of the potentially hazardous waste and toxic material that would be transported throughout the city. She did not realize that construction would take place as far north as the signs are posted. Signs declare that the southbound off -ramp from the SR 57 at Sunset Crossing Road would be closed intermittently. She also noted signs declaring Alternate 57/60 Route at Sunset Crossing Rd. She asked staff to find out why CalTrans is commencing that far north with their closures and how often the JUNE 3, 2003 PAGE 8 CITY COUNCIL closures would take place. The same holds true for the eastbound Brea Canyon exit. She asked staff to provide a report on these issues at the next Council meeting and ask CalTrans if trucks transporting hazardous waste and toxic chemicals could be diverted to Valley Boulevard so that potential impacts to residential neighborhoods would be mitigated. Schools will be out in two weeks. Her youngest is graduating from middle school. She asked everyone to be watchful about the children that would soon be on City sidewalks and drive carefully. MPT/Huff reported that on May 28 the Alameda Corridor East held a groundbreaking ceremony for an overpass/underpass project at Nogales Rd. C/Chang and Congressman David Drier attended the event. Congressman Drier was instrumental in helping attain funding for the project as were other officials, including Congressman Gary Miller. It is exciting to see the $44 million project commence. At issue is a funding source for at least the three of the four grade separations in the last phase; included in that is Brea Canyon Rd. ACE is hopeful that MTA will step forward with funding to help realize the project He reminded residents that the Walnut Valley Rotary Club would host a charity golf tournament at 7:30 a.m. on Thursday morning. The proceeds help supplement arts programs for school children in Diamond Bar, Walnut, and Rowland Heights, and for the Mt. SAC jazz program. M/Herrera explained that tonight's meeting commenced a little late due to a very involved study session to address next year's budget. The Council continues to work prudently, identifying the budget items to be considered, at the June 17 meeting, for possible elimination due to the State's situation. She reported that the San Gabriel Valley Council of Governments appointed her to the SCAG transportation committee. This committee is charged with looking at truck traffic on the SR 60. A couple of years ago SCAG looked at diverting all of the truck traffic onto the SR 60 and building truck lanes. Truck lanes would cost billions of dollars and would mean an additional lane above the freeway lanes. There was no resolution on who would pay for these changes. SCAG continues to look at the SR 60 as the only solution for the truck traffic. She was pleased to be able to point out to SCAG that they should look at other freeways such as the 10 and 210 freeways and that the SR 60 cannot be their only solution for moving truck traffic eastward. 10. ADJOURNMENT: There being no further business to conduct, M/Herrera adjourned the meeting at 8:12 p.m. ATTEST: Tommye Cribbins, Assistant City Clerk Carol Herrera, Mayor CITY OF DIAMOND BAR Agenda No. 6.2 MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION MAY 8, 2003 CALL TO ORDER: Chairman Morris called the meeting to order at 7:05 p.m. in the South Coast Air Quality Manage rnent/Government Center Hearing Board Room, 21865 E. Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Pincher led the Pledge of Allegiance. ROLL CALL: Present: Chairman Morris, Vice Chairman Pincher and Commissioners Kashyap and Virginkar. Commissioner Torng arrived at 7:10 p.m. and was excused at 8:25 p.m. Also Present: David Liu, Public Works Director, Fred Alamolhoda, Senior Engineer; Sharon Gomez, Management Analyst; John Ilasin, Assistant Engineer; Debbie Gonzales, Administrative Assistant and Deputy Diane Dodd. APPROVAL OF MINUTES: II. Minutes of March 13, 2003. C/Virginkar moved, VC/Pincher seconded to approve the March 13, 2003 minutes as presented. Without objection, the motion was so ordered with C/Torng being absent. III. COMMISSION COMMENTS: VC/Pincher was glad to see the article in the City News featuring Public Works Week. She felt the article was well written. IV. PUBLIC COMMENTS: Debby O'Connor, Chairman of the Diamond Bar Community Foundation, stated that there is also an article on the front page of The City News about the Community/Senior Center. She encouraged the Commissioners to participate in the building of the facility by purchasing a commemorative tile. The deadline for purchases has been extended to June 1. After June 1 the price will increase. If orders are received by June 1 installation is guaranteed for grand opening. The Foundation is also selling street signs as they are replaced in neighborhoods throughout the community. The next sale is scheduled for Area 5 north of Grand, east of Golden Springs and south of Temple Avenue. She left flyers for each of the events. V. CONSENT CALENDAR: None VI. ITEMS FROM STAFF A. Traffic Enforcement Update — Report by Deputy Dodd - Received and filed on the following items: May 8, 2003 PAGE 2 T&T COMMISSION Citations: March 2003 Deputy Dodd reported that citations (1783) were up from February (1113). 2. Collisions: March 2003 Deputy Dodd reported that collisions were up from February due to the rain. 3. Street Sweeping: Deputy Dodd stated that street sweeping citations increased in January and March. Complaints regarding street sweeping fell into three categories: 1) "they didn't see the sign because it was located at the entrance to the neighborhood" 2) they weren't aware of any street sweeping ordinance, they didn't live in the area, and 3) they were never notified (of the ordinance) by the City." Council recently approved installation of additional signs on every street. She believed the installation of additional signs on every street recently approved by the City Council would alleviate the majority of requests for dismissal. 3. Radar Trailer Development 4. Results of Traffic Operations Deputy Dodd reported that on March 4, the department conducted an operation on northbound Grand Avenue at the eastbound SR 60 on ramp as a result of complaints from motorists leaving the SCAOMD/Government Center. Some drivers traveling in the middle lane turn onto the freeway at the last minute. This type of movement is illegal. Eleven (11) citations were issued during this operation. On March 11, the department conducted an operation on Prospectors Road between Sunset Crossing Road and Rock River Drive. During that operation 35 citations were issued. The deputies are aware of the cut -through traffic problems. During the period January 1 through March 31, a total 132 speeding citations were issued in that area. On March 25, the department conducted an operation at Lorbeer Middle School. During the period from 2:15 p.m. to 2:45 p.m., 8 citations were issued, 7 of which were for making the right turn and one was for failing to yield to a pedestrian in the crosswalk. The overweight vehicles operation, speed enforcement and safety checkpoint operations are scheduled to be conducted in June. The Diamond Bar/Walnut station will hold its open house this Saturday, May 10 from 1:00 to 4:00 p.m. May 8, 2003 PAGE 3 5. Future Deployment of the Radar Trailer T&T COMMISSION Deputy Dodd reported that only Vehicle #1 will be deployed in May. When vehicle #2 is repaired, it too will be deployed. VC/Pincher asked if the trailer could be placed on Pathfinder Road near Presado Drive closer to Diamond Bar Boulevard to check the speed of the vehicles coming over the hill and down Pathfinder Road. VII. OLD BUSINESS: None VIII. NEW BUSINESS: None IX. STATUS OF PREVIOUS ACTION ITEMS: PWD/Liu reported that at its May 6 meeting the City Council amended the street sweeping parking regulation program. Additional signage will be placed at the entrance to each residential street in the City. The Sheriff's Department has certain discretionary authority for citation exemption. Prior to Tuesday night the parking penalty was $50 per citation. Council reduced the amount to $30 per citation. At its May 20 meeting, the City Council will consider the following items. Traffic signal design for Brea Canyon Cutoff at the southbound SR 57 on and off ramps; rejection of bids for the Grand Avenue/Shotgun traffic signal serving "The Country Estates" as well as, the Community/Senior Center currently under construction. Proposal includes left -turn signal modifications for Golden Springs at Ballena and for Brea Canyon Road and Lycoming. At the Council's May 20 meeting, staff will present its recommendation to the Council to authorize staff to advertise the Pathfinder Road signals at Brea Canyon Road/Fern Hollow Diamond Bar High School Westerly entrance and Evergreen Springs Drive intersections. On May 20 Council will authorize staff to proceed with advertisement for the Area 5 slurry seal program. Chair/Morris was pleased that the slurry seal would take place during the summer months rather than during the school year. X. ITEMS FROM COMMISSIONERS: C/Virginkar asked what the fine is for a prohibited U-turn. Deputy Dodd responded that a prohibited U-turn is a moving violation. The Pomona Court sets the fine. Fines generally range from $25 to $50 for first offenders. C/Virginkar felt the fine should be increased to $150 to deter offenders. May 8, 2003 PAGE 4 T&T COMMISSION XI. INFORMATIONAL ITEMS: A. Diamond Bar High School Traffic Circulation. MA/Gomez reported that the committee comprised of Diamond Bar High School administrators, Walnut Valley Unified School District staff, the Sheriff's Department and City staff devised a plan to attempt a solution to circulation problems at the school. The rough draft plan was presented to one of the City's traffic engineers who determined that it was feasible. The drawing included in tonight's packet was presented to the City Council and ultimately approved during their April 1, 2003 study session. Tomorrow the plans and specifications will be delivered to the City's plan checker. Staff expects to implement the plan for the next school year. MA/Gomez and PWD/Liu explained the plan to the Commission. C/Torng commended staff for working with the school to reach this conclusion. He asked if the cost of this plan is more than the original plan. PWD/Liu responded that because of the new signal the cost was increased. The original proposal was to install the left turn signals at Brea Canyon/Fern Hollow Drive and Evergreen Springs Drive. The additional signal increases the cost. VC/Pincher said that during the past month she has tried to avoid Pathfinder Road during school let out hours. She found herself going down Pathfinder Road before school let out and there were cars lined up by the school in the "Do Not Stop Between 7:00 a.m. and 5:00 p.m." zone. PWD/Liu explained that the Sheriff's Department's enforcement is done on a rotational basis that is listed in Deputy Dodd's report each month. C/Virginkar said that in his opinion, this is a half-baked plan designed to fail. He drives that area regularly and things have gone from bad to worse each year. The parents want to drop children as quickly as possible and proceed on to their destination. The way this has been designed, there are two entry points for vehicles traveling in a westerly direction. You would expect the parents to come from Pathfinder Road west to east and enter the westerly driveway, a task that will take a longer period of time. The idea is for parents to drop their children at a point closest to the school. Once you enter into the school property and attempt to proceed to the closest drop off point, it will take 15 to 20 minutes because of all of the vehicles. The May 8, 2003 PAGE 5 T&T COMMISSION parents will never comply. What will happen is that the kids will be dropped off as the parents are waiting and the kids will start walking through the parking lot toward the school creating more of a logjam. After vehicles exit the school parking and are waiting to make a left or right turn a gridlock will be created because of people coming from the west. If someone can explain to him how those drivers can get to the easterly part of the school from the west without having a dedicated lane to exit in a timely fashion; in the meantime, there are a lot of vehicles traveling from east to west on Pathfinder Road and they have one entrance. This is a disaster. He sees the problem every day. Now he goes down Silver Hawk Drive and comes back on Evergreen Springs Drive. There were times when he could go past Evergreen Springs Drive and drop off his child. Now the line is all the way to Viento Verano Drive. Yesterday he was very glad to see the deputy in the area because he saw a child crossing Pathfinder Road to get to the school. He also saw a driver making a U-turn right in front of the deputy. Fortunately, the deputy stopped her. He sees this type of behavior all of the time. Unless the Evergreen Springs Drive drop off is taken into consideration it will be a disaster. Solving the problem on Pathfinder Road is a dilution. In his opinion, this problem requires further review and more participation by school officials/volunteers to patrol the area. Chair/Morris saw two other Commissioners nodding in agreement with CNirginkar. The Sheriff's Department would likely agree that a small portion of the drivers would participate in a safe traffic flow pattern. In his opinion, the human factor needs to be considered. C/Virginkar said that his primary concern is that the $315,000 will go down the drain. He did not believe that this would be the solution and he was concerned that this money was not being properly used. PWD/Liu said that CNirginkar's comments are concerns that have been expressed over the years. Enforcement and driver behavior are two separate items. From a traffic management perspective staff looks at all possibilities. The consultant listed seven or eight alternatives. Looking at the data, the consultant took the best alternative. As we stated, this is not the perfect solution. It is a step toward mitigation. We hope that the parents will perceive this as a more convenient means for drop off and pick up. From initiation of this program, staff has been working closely with the school district police and the Sheriff's Department. At the same time, driveway modifications could be implemented. Chair/Morris pointed out that Diamond Ranch High School with a population of 1,000 fewer students than Diamond Bar High School has five people to monitor the turn around and drop off area. This May 8, 2003 PAGE 6 T&T COMMISSION project would take the same amount of commitment in order to be effective. Hopefully, those people in attendance would be school district people. If no one is present to monitor the situation, parents will continue to do whatever they please. If a monitoring system is part of this solution, it could work. He asked staff to touch base with the schools to see if there is any striping or re -striping that needs to be done so that it could be done prior to the opening of school in September. PWD/Liu said that each year the City re -stripes the streets around all fourteen schools in the City. On May 21 and May 28 staff will meet with all school principals from both school districts. The purpose of these meetings is to address concerns prior to the next school year and to establish an ongoing communication so that the City and schools can respond to needs more effectively. Chair/Morris reminded PWD/Liu about the meeting with the former principal of Diamond Ranch High School and the confusion about the boundaries on Phillips Ranch Road. Have the problems between the signal location on the off ramp for the eastbound SR 60 and the line where there is 20 yards of pavement without striping been addressed? He was not certain whether the problem belonged to CalTrans or the City of Pomona. PWD/Liu responded that staff would look into the matter and present it as an informational item on June 12. C/Kashyap felt that $315,000 was not too much money for the scope of work outlined. He assumed that there had been a great deal of discussion among the parties involved — designer, traffic engineer, school district, City staff, Sheriff's Department, Fire Department and parents. If this is the best answer to the problem he supports the plan. He felt it was a very important first step that would lead to further modifications. There has to be a meeting of the minds among all who use it and all who enforce it. The number of 3,000 students is a significant number to drop off in the space of one hour in the morning. Those are the logistics. Perhaps the school hours could be staggered. Based on the current circumstances, this is the best solution. He commended staff on their good job. He has heard a lot of good things this evening — getting the school, the Sheriff's Department and parents involved in enforcement. Chair/Morris asked if Diamond Bar High School had a zero class. C/Virginkar responded "yes." Chair/Morris said Diamond Ranch High School used staggered start times with a zero period to reduce traffic impacts. May 8, 2003 PAGE 7 T&T COMMISSION PWD/Liu said that the band (200 plus members) come in before 7:00 a.m. The City continues to seek input from the school district and the high school. Everyone realizes this is a difficult problem. At the same time, we have to start at some point and continue working to realize tangible improvements. Chair/Morris felt that if the high school could get one-third of the students into a zero period it would dramatically relieve the situation. On the plus side, it allows some teachers and students to go home early in the afternoon. C/Kashyap felt students should be encouraged to use buses instead of driving to school. We need to take a close look at our mind set and how we are running our lives. Parents can do a lot to help this situation because parents are creating the problem. C/Torng said he supports C/Virginkar's comments. He felt it was not a good solution. Even though the Council has the power to fast track this plan he felt they had not spent sufficient time to determine a viable mitigation plan. He wanted to go on record stating that there was not enough time spent considering all possible options for mitigation. C/Virginkar said that two of his children were in a zero period class. As a result, all of the in the school parking lot and the parking spaces on Pathfinder Road are used up by zero period attendees. When the other kids arrive at the regular time they add to the congestion because they are trying to park on Pathfinder Road. The intent of the zero period is helpful, but in fact, it adds to the congestion. His negativity stems from frustration that is based on seven years of experience taking his children to that school. Additionally, he has been involved with the school traffic study since the beginning and he has seen firsthand what little cooperation the City received from the Walnut Valley Unified School District and from Diamond Bar High School. A big disappointment for him is that with all of the traffic studies and proposed solutions that have come before this Commission, he was very surprised that in this instance, this plan was not first considered by the Traffic and Transportation Commission for its recommendation to the Council. B. Neighborhood Traffic Management Program. PWD/Liu reported that staff is currently preparing the fiscal year 2003/04 budget. The Council amended the budget on May 6 to reflect potential state budget shortfalls. As part of that process, the original amount of $50,000 budgeted for this project was deferred to next year. In next year's budget May 8, 2003 PAGE 8 T&T COMMISSION beginning July 1, staff is requesting $100,000 for the Neighborhood Traffic Management Program. C/Virginkar asked how long the bids are valid. PWD/Liu responded that staff has 90 days to award a contract. C/Kashyap recalled that the Commissioners and staff, the interview panel was unanimous in their selection. C/Virginkar said he was pleased that this process began during his tenure and that the Commissioners had an opportunity to participate in this exercise. C/Kashyap thanked staff for giving the Commissioners an opportunity to work with them on this important proposal. From his perspective it was a very positive experience. C. SR 57/60 Direct HOV (High Occupancy Vehicle) Connector Project SE/Alamolhoda presented staff's report. CalTrans has conducted four meetings in the City regarding this project. Yesterday, during the Chamber of Commerce meeting, CalTrans disclosed proposed traffic detour routes and explained the construction staging. When difficult questions were being asked by the public, CalTrans made statements that disturbed staff members. After the meeting, staff met with CalTrans officials to discuss certain matters. For instance, CalTrans made a statement during the meeting that staff had approved the detours as proposed which was not true. After the meeting CalTrans management called the City this morning to apologize for erroneous statements made during the meeting. He now believed that CalTrans understood and acknowledged the fact that the City would not tolerate long freeway on and off ramp closings. Certainly the City understands the magnitude of the project but Diamond Bar is a bedroom community that suffers from major traffic problems on its streets. The City has requested meetings between CalTrans and Diamond Bar engineers to discuss the feasibility of temporary ramps during construction. The Encroachment Permit that CalTrans obtained from the City had five conditions that CalTrans has not met. The permit expires next month and if CalTrans does not work with the City it is likely the permit would not be extended. Chair/Morris was concerned about the added burden on the already overworked Sheriff's Department. If these plans proceed as proposed, Golden Springs Drive, Pathfinder Road, Brea Canyon Road and Diamond Bar Boulevard will be turned into cut through streets for freeway traffic. C/Kashyap asked if the City would have adequate resources to police the streets with the added traffic. May 8, 2003 PAGE 9 T&T COMMISSION Deputy Dodd could not foretell what the increase in traffic and related problems might be as an offshoot of the project. She felt the department would have to wait and see what kind of problems might arise. PWD/Liu said the most important document is the traffic control plan, a plan that has yet to receive any kind of concurrence from the City of Diamond Bar. The downside is that CalTrans unveiled their plans in a public forum absent the City's knowledge and concurrence. Whatever the plan, the City will have to work closely with the Sheriff's Department because there will be additional traffic on City streets. Additionally, the concerns involve commercial truck traffic. It is likely that with the need for additional enforcement, CalTrans will be asked to contribute. Not only is there an issue of increased traffic and safety concerns, but damage to the City's infrastructure. There are a number of issues that have to be coordinated. The City is very supportive of this long awaited project. At the same time, CalTrans has to be sensitive to the needs and concerns of this City. While this project will ultimately benefit this City and surrounding jurisdictions, Diamond Bar will suffer the major impact. C/Torng left the meeting at 8:25 p.m. D. Access Point/Circulation at the Diamond Bar Towne - Big Lots, and Diamond Bar Towne Center - Ralphs SE/Alamolhoda presented staff's report. Chair/Morris felt the most cost-effective solution to the circulation pattern was to post right -turn -only signs on both sides of the street. C/Virginkar said that the coordination and safety of the signals in the area is excellent. E. Speed Hump Survey AE/Ilasin presented staff's report. He indicated that in general, Navajo Springs Road and Decorah Road have seen an overall decline in total vehicles and speed since installation of speed humps. In addition, speeds have declined. The decline in total vehicles may be due to motorists choosing alternate routes to avoid the speed humps. The one-year moratorium imposed by the City Council expires August 2003. VC/Pincher asked if the 8 percent decrease in speed is a good reduction number, or is 20 percent better? She was also concerned about where the 29 percent (decrease in vehicles) were going? She has difficulty with one street transferring its burden to another street. May 8, 2003 PAGE 10 T&T COMMISSION PWD/Liu said that an 8 percent decrease in speed is good. Whenever a city installs speed humps a certain amount of traffic is ultimately diverted to adjacent streets. In fact, the Commission heard from residents living on adjacent streets that their traffic has increased. The overall speed reduction is a good sign that the speed humps are effective. Equally significant is the reduction of the total number of vehicles exceeding 55 mph. From a safety point of view, the two streets are safer. However, with the addition of speed humps the concern is about the consequences to adjacent streets. For these reasons, the Neighborhood Traffic Management Program is critical to the success of a citywide program. CNirginkar found it interesting that vehicle speeds dropped dramatically within 60 days of installation of the speed humps and continued during the study 150 days. However, the 420 day study indicates that the southbound and northbound speeds are pretty much the same as they were before installation of the speed humps. As he stated during prior discussions regarding speed humps, once people get used to speed humps speeds return to pre -speed hump installation statistics. Therefore, he continues to believe that speed humps are not effective and that the problem is merely being transferred to other neighborhoods. Chair/Morris said he felt uncomfortable about installing speed humps in that neighborhood because it was one area where there was no cut -through traffic. If speed humps are reconsidered, the City should look at them in a different manner and for locations where there are other types of traffic than neighborhood traffic. Chair/Morris said that with the Neighborhood Traffic Management Study on hold and with the SR 57/60 project going forward, the City either needs to push the Neighborhood Traffic Management Study or involve CalTrans in the matter. If the City is going to be heavily impacted on its City streets, it should consider implementing the red light system. Since the project is a four-year project, perhaps CalTrans could be involved in the implementation of the system. C/Kashyap said that in his experience, there is no substitute for live enforcement. XII. SCHEDULE OF FUTURE CITY EVENTS —as agendized. May 8, 2003 PAGE 11 T&T COMMISSION ADJOURNMENT: There being no further business to come before the Traffic and Transportation Commission, Chairman Morris adjourned the meeting at 8:50 p.m. Respectfully, /s/ David G. Liu David G. Liu, Secretary Attest: s/ Roland Morris Chairman Roland Morris CITY OF DIAMOND BAR Agenda No. 6.2 MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION MAY 8, 2003 CALL TO ORDER: Chairman Morris called the meeting to order at 7:05 p.m. in the South Coast Air Quality Manage rnent/Government Center Hearing Board Room, 21865 E. Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Pincher led the Pledge of Allegiance. ROLL CALL: Present: Chairman Morris, Vice Chairman Pincher and Commissioners Kashyap and Virginkar. Commissioner Torng arrived at 7:10 p.m. and was excused at 8:25 p.m. Also Present: David Liu, Public Works Director, Fred Alamolhoda, Senior Engineer; Sharon Gomez, Management Analyst; John llasin, Assistant Engineer; Debbie Gonzales, Administrative Assistant and Deputy Diane Dodd. APPROVAL OF MINUTES: II. Minutes of March 13, 2003. CNirginkar moved, VC/Pincher seconded to approve the March 13, 2003 minutes as presented. Without objection, the motion was so ordered with C/Torng being absent. III. COMMISSION COMMENTS: VC/Pincher was glad to see the article in the City News featuring Public Works Week. She felt the article was well written. IV. PUBLIC COMMENTS: Debby O'Connor, Chairman of the Diamond Bar Community Foundation, stated that there is also an article on the front page of The City News about the Community/Senior Center. She encouraged the Commissioners to participate in the building of the facility by purchasing a commemorative tile. The deadline for purchases has been extended to June 1. After June 1 the price will increase. If orders are received by June 1 installation is guaranteed for grand opening. The Foundation is also selling street signs as they are replaced in neighborhoods throughout the community. The next sale is scheduled for Area 5 north of Grand, east of Golden Springs and south of Temple Avenue. She left flyers for each of the events. V. CONSENT CALENDAR: None VI. ITEMS FROM STAFF A. Traffic Enforcement Update - Report by Deputy Dodd - Received and filed on the following items: May 8, 2003 PAGE 2 1. Citations: March 2003 T&T COMMISSION Deputy Dodd reported that citations (1783) were up from February (1113). 2. Collisions: March 2003 Deputy Dodd reported that collisions were up from February due to the rain. 3. Street Sweeping: Deputy Dodd stated that street sweeping citations increased in January and March. Complaints regarding street sweeping fell into three categories: 1) "they didn't see the sign because it was located at the entrance to the neighborhood" 2) they weren't aware of any street sweeping ordinance, they didn't live in the area, and 3) they were never notified (of the ordinance) by the City." Council recently approved installation of additional signs on every street. She believed the installation of additional signs on every street recently approved by the City Council would alleviate the majority of requests for dismissal. 3. Radar Trailer Development 4. Results of Traffic Operations Deputy Dodd reported that on March 4, the department conducted an operation on northbound Grand Avenue at the eastbound SR 60 on ramp as a result of complaints from motorists leaving the SCAQMD/Government Center. Some drivers traveling in the middle lane turn onto the freeway at the last minute. This type of movement is illegal. Eleven (11) citations were issued during this operation. On March 11, the department conducted an operation on Prospectors Road between Sunset Crossing Road and Rock River Drive. During that operation 35 citations were issued. The deputies are aware of the cut -through traffic problems. During the period January 1 through March 31, a total 132 speeding citations were issued in that area. On March 25, the department conducted an operation at Lorbeer Middle School. During the period from 2:15 p.m. to 2:45 p.m., 8 citations were issued, 7 of which were for making the right turn and one was for failing to yield to a pedestrian in the crosswalk. The overweight vehicles operation, speed enforcement and safety checkpoint operations are scheduled to be conducted in June. The Diamond Bar/Walnut station will hold its open house this Saturday, May 10 from 1:00 to 4:00 p.m. May 8, 2003 PAGE 3 5. Future Deployment of the Radar Trailer T&T COMMISSION Deputy Dodd reported that only Vehicle #1 will be deployed in May. When vehicle #2 is repaired, it too will be deployed. VC/Pincher asked if the trailer could be placed on Pathfinder Road near Presado Drive closer to Diamond Bar Boulevard to check the speed of the vehicles coming over the hill and down Pathfinder Road. VII. OLD BUSINESS: None VIII. NEW BUSINESS: None IX. STATUS OF PREVIOUS ACTION ITEMS: PWD/Liu reported that at its May 6 meeting the City Council amended the street sweeping parking regulation program. Additional signage will be placed at the entrance to each residential street in the City. The Sheriffs Department has certain discretionary authority for citation exemption. Prior to Tuesday night the parking penalty was $50 per citation. Council reduced the amount to $30 per citation. At its May 20 meeting, the City Council will consider the following items. Traffic signal design for Brea Canyon Cutoff at the southbound SR 57 on and off ramps; rejection of bids for the Grand Avenue/Shotgun traffic signal serving "The Country Estates" as well as, the Community/Senior Center currently under construction. Proposal includes left -turn signal modifications for Golden Springs at Ballena and for Brea Canyon Road and Lycoming. At the Council's May 20 meeting, staff will present its recommendation to the Council to authorize staff to advertise the Pathfinder Road signals at Brea Canyon Road/Fern Hollow Diamond Bar High School Westerly entrance and Evergreen Springs Drive intersections. On May 20 Council will authorize staff to proceed with advertisement for the Area 5 slurry seal program. Chair/Morris was pleased that the slurry seal would take place during the summer months rather than during the school year. X. ITEMS FROM COMMISSIONERS: C/Virginkar asked what the fine is for a prohibited U-turn. Deputy Dodd responded that a prohibited U-turn is a moving violation. The Pomona Court sets the fine. Fines generally range from $25 to $50 for first offenders. C/Nirginkar felt the fine should be increased to $150 to deter offenders. May 8, 2003 PAGE 4 XI. INFORMATIONAL ITEMS: A. Diamond Bar High School Traffic Circulation, T&T COMMISSION MA/Gomez reported that the committee comprised of Diamond Bar High School administrators, Walnut Valley Unified School District staff, the Sheriff's Department and City staff devised a plan to attempt a solution to circulation problems at the school. The rough draft plan was presented to one of the City's traffic engineers who determined that it was feasible. The drawing included in tonight's packet was presented to the City Council and ultimately approved during their April 1, 2003 study session. Tomorrow the plans and specifications will be delivered to the City's plan checker. Staff expects to implement the plan for the next school year. MA/Gomez and PWD/Liu explained the plan to the Commission. C/Torng commended staff for working with the school to reach this conclusion. He asked if the cost of this plan is more than the original plan. PWD/Liu responded that because of the new signal the cost was increased. The original proposal was to install the left turn signals at Brea Canyon/Fern Hollow Drive and Evergreen Springs Drive. The additional signal increases the cost. VC/Pincher said that during the past month she has tried to avoid Pathfinder Road during school let out hours. She found herself going down Pathfinder Road before school let out and there were cars lined up by the school in the "Do Not Stop Between 7:00 a.m. and 5:00 p.m." zone. PWD/Liu explained that the Sheriffs Department's enforcement is done on a rotational basis that is listed in Deputy Dodd's report each month. CNirginkar said that in his opinion, this is a half-baked plan designed to fail. He drives that area regularly and things have gone from bad to worse each year. The parents want to drop children as quickly as possible and proceed on to their destination. The way this has been designed, there are two entry points for vehicles traveling in a westerly direction. You would expect the parents to come from Pathfinder Road west to east and enter the westerly driveway, a task that will take a longer period of time. The idea is for parents to drop their children at a point closest to the school. Once you enter into the school property and attempt to proceed to the closest drop off point, it will take 15 to 20 minutes because of all of the vehicles. The May 8, 2003 PAGE 5 T&T COMMISSION parents will never comply. What will happen is that the kids will be dropped off as the parents are waiting and the kids will start walking through the parking lot toward the school creating more of a logjam. After vehicles exit the school parking and are waiting to make a left or right turn a gridlock will be created because of people coming from the west. If someone can explain to him how those drivers can get to the easterly part of the school from the west without having a dedicated lane to exit in a timely fashion; in the meantime, there are a lot of vehicles traveling from east to west on Pathfinder Road and they have one entrance. This is a disaster. He sees the problem every day. Now he goes down Silver Hawk Drive and comes back on Evergreen Springs Drive. There were times when he could go past Evergreen Springs Drive and drop off his child. Now the line is all the way to Viento Verano Drive. Yesterday he was very glad to see the deputy in the area because he saw a child crossing Pathfinder Road to get to the school. He also saw a driver making a U-turn right in front of the deputy. Fortunately, the deputy stopped her. He sees this type of behavior all of the time. Unless the Evergreen Springs Drive drop off is taken into consideration it will be a disaster. Solving the problem on Pathfinder Road is a dilution. In his opinion, this problem requires further review and more participation by school officials/volunteers to patrol the area. Chair/Morris saw two other Commissioners nodding in agreement with CNirginkar. The Sheriff's Department would likely agree that a small portion of the drivers would participate in a safe traffic flow pattern. In his opinion, the human factor needs to be considered. CNirginkar said that his primary concern is that the $315,000 will go down the drain. He did not believe that this would be the solution and he was concerned that this money was not being properly used. PWD/Liu said that CNirginkar's comments are concerns that have been expressed over the years. Enforcement and driver behavior are two separate items. From a traffic management perspective staff looks at all possibilities. The consultant listed seven or eight alternatives. Looking at the data, the consultant took the best alternative. As we stated, this is not the perfect solution. It is a step toward mitigation. We hope that the parents will perceive this as a more convenient means for drop off and pick up. From initiation of this program, staff has been working closely with the school district police and the Sheriff's Department. At the same time, driveway modifications could be implemented. Chair/Morris pointed out that Diamond Ranch High School with a population of 1,000 fewer students than Diamond Bar High School has five people to monitor the turn around and drop off area. This May 8, 2003 PAGE 6 T&T COMMISSION project would take the same amount of commitment in order to be effective. Hopefully, those people in attendance would be school district people. If no one is present to monitor the situation, parents will continue to do whatever they please. If a monitoring system is part of this solution, it could work. He asked staff to touch base with the schools to see if there is any striping or re-striping that needs to be done so that it could be done prior to the opening of school in September. PWD/Liu said that each year the City re-stripes the streets around all fourteen schools in the City. On May 21 and May 28 staff will meet with all school principals from both school districts. The purpose of these meetings is to address concerns prior to the next school year and to establish an ongoing communication so that the City and schools can respond to needs more effectively. Chair/Morris reminded PWD/Liu about the meeting with the former principal of Diamond Ranch High School and the confusion about the boundaries on Phillips Ranch Road. Have the problems between the signal location on the off ramp for the eastbound SR 60 and the line where there is 20 yards of pavement without striping been addressed? He was not certain whether the problem belonged to CalTrans or the City of Pomona. PWD/Liu responded that staff would look into the matter and present it as an informational item on June 12. C/Kashyap felt that $315,000 was not too much money for the scope of work outlined. He assumed that there had been a great deal of discussion among the parties involved - designer, traffic engineer, school district, City staff, Sheriff's Department, Fire Department and parents. If this is the best answer to the problem he supports the plan. He felt it was a very important first step that would lead to further modifications. There has to be a meeting of the minds among all who use it and all who enforce it. The number of 3,000 students is a significant number to drop off in the space of one hour in the morning. Those are the logistics. Perhaps the school hours could be staggered. Based on the current circumstances, this is the best solution. He commended staff on their good job. He has heard a lot of good things this evening - getting the school, the Sheriffs Department and parents involved in enforcement. Chair/Morris asked if Diamond Bar High School had a zero class. C/Virginkar responded "yes." Chair/Morris said Diamond Ranch High School used staggered start times with a zero period to reduce traffic impacts. May 8, 2003 PAGE 7 T&T COMMISSION PWD/Liu said that the band (200 plus members) come in before 7:00 a.m. The City continues to seek input from the school district and the high school. Everyone realizes this is a difficult problem. At the same time, we have to start at some point and continue working to realize tangible improvements. Chair/Morris felt that if the high school could get one-third of the students into a zero period it would dramatically relieve the situation. On the plus side, it allows some teachers and students to go home early in the afternoon. C/Kashyap felt students should be encouraged to use buses instead of driving to school. We need to take a close look at our mind set and how we are running our lives. Parents can do a lot to help this situation because parents are creating the problem. C/Torng said he supports CNirginkar's comments. He felt it was not a good solution. Even though the Council has the power to fast track this plan he felt they had not spent sufficient time to determine a viable mitigation plan. He wanted to go on record stating that there was not enough time spent considering all possible options for mitigation. CNirginkar said that two of his children were in a zero period class. As a result, all of the in the school parking lot and the parking spaces on Pathfinder Road are used up by zero period attendees. When the other kids arrive at the regular time they add to the congestion because they are trying to park on Pathfinder Road. The intent of the zero period is helpful, but in fact, it adds to the congestion. His negativity stems from frustration that is based on seven years of experience taking his children to that school. Additionally, he has been involved with the school traffic study since the beginning and he has seen firsthand what little cooperation the City received from the Walnut Valley Unified School District and from Diamond Bar High School. A big disappointment for him is that with all of the traffic studies and proposed solutions that have come before this Commission, he was very surprised that in this instance, this plan was not first considered by the Traffic and Transportation Commission for its recommendation to the Council. B. Neighborhood Traffic Management Program. PWD/Liu reported that staff is currently preparing the fiscal year 2003/04 budget. The Council amended the budget on May 6 to reflect potential state budget shortfalls. As part of that process, the original amount of $50,000 budgeted for this project was deferred to next year. In next year's budget May 8, 2003 PAGE 8 T&T COMMISSION beginning July 1, staff is requesting $100,000 for the Neighborhood Traffic Management Program. CNirginkar asked how long the bids are valid. PWD/Liu responded that staff has 90 days to award a contract. C/Kashyap recalled that the Commissioners and staff, the interview panel was unanimous in their selection. CNirginkar said he was pleased that this process began during his tenure and that the Commissioners had an opportunity to participate in this exercise. C/Kashyap thanked staff for giving the Commissioners an opportunity to work with them on this important proposal. From his perspective it was a very positive experience. C. SR 57/60 Direct HOV (High Occupancy Vehicle) Connector Project SE/Alamolhoda presented staff's report. CalTrans has conducted four meetings in the City regarding this project. Yesterday, during the Chamber of Commerce meeting, CalTrans disclosed proposed traffic detour routes and explained the construction staging. When difficult questions were being asked by the public, CalTrans made statements that disturbed staff members. After the meeting, staff met with CalTrans officials to discuss certain matters. For instance, CalTrans made a statement during the meeting that staff had approved the detours as proposed which was not true. After the meeting CalTrans management called the City this morning to apologize for erroneous statements made during the meeting. He now believed that CalTrans understood and acknowledged the fact that the City would not tolerate long freeway on and off ramp closings. Certainly the City understands the magnitude of the project but Diamond Bar is a bedroom community that suffers from major traffic problems on its streets. The City has requested meetings between CalTrans and Diamond Bar engineers to discuss the feasibility of temporary ramps during construction. The Encroachment Permit that CalTrans obtained from the City had five conditions that CalTrans has not met. The permit expires next month and if CalTrans does not work with the City it is likely the permit would not be extended. Chair/Morris was concerned about the added burden on the already overworked Sheriff's Department. If these plans proceed as proposed, Golden Springs Drive, Pathfinder Road, Brea Canyon Road and Diamond Bar Boulevard will be turned into cut through streets for freeway traffic. C/Kashyap asked if the City would have adequate resources to police the streets with the added traffic. May 8, 2003 PAGE 9 T&T COMMISSION Deputy Dodd could not foretell what the increase in traffic and related problems might be as an offshoot of the project. She felt the department would have to wait and see what kind of problems might arise. PWD/Liu said the most important document is the traffic control plan, a plan that has yet to receive any kind of concurrence from the City of Diamond Bar. The downside is that CalTrans unveiled their plans in a public forum absent the City's knowledge and concurrence. Whatever the plan, the City will have to work closely with the Sheriffs Department because there will be additional traffic on City streets. Additionally, the concerns involve commercial truck traffic. It is likely that with the need for additional enforcement, CalTrans will be asked to contribute. Not only is there an issue of increased traffic and safety concerns, but damage to the City's infrastructure. There are a number of issues that have to be coordinated. The City is very supportive of this long awaited project. At the same time, CalTrans has to be sensitive to the needs and concerns of this City. While this project will ultimately benefit this City and surrounding jurisdictions, Diamond Bar will suffer the major impact. C/Torng left the meeting at 8:25 p.m. D. Access Point/Circulation at the Diamond Bar Towne - Big Lots, and Diamond Bar Towne Center - Ralphs SE/Alamolhoda presented staffs report. Chair/Morris felt the most cost-effective solution to the circulation pattern was to post right-turn-only signs on both sides of the street. CNirginkar said that the coordination and safety of the signals in the area is excellent. Speed Hump Survey AE/Ilasin presented staff's report. He indicated that in general, Navajo Springs Road and Decorah Road have seen an overall decline in total vehicles and speed since installation of speed humps. In addition, speeds have declined. The decline in total vehicles may be due to motorists choosing alternate routes to avoid the speed humps. The one-year moratorium imposed by the City Council expires August 2003. VC/Pincher asked if the 8 percent decrease in speed is a good reduction number, or is 20 percent better? She was also concerned about where the 29 percent (decrease in vehicles) were going? She has difficulty with one street transferring its burden to another street. May 8, 2003 PAGE 10 T&T COMMISSION PWD/Liu said that an 8 percent decrease in speed is good. Whenever a city installs speed humps a certain amount of traffic is ultimately diverted to adjacent streets. In fact, the Commission heard from residents living on adjacent streets that their traffic has increased. The overall speed reduction is a good sign that the speed humps are effective. Equally significant is the reduction of the total number of vehicles exceeding 55 mph. From a safety point of view, the two streets are safer. However, with the addition of speed humps the concern is about the consequences to adjacent streets. For these reasons, the Neighborhood Traffic Management Program is critical to the success of a citywide program. CNirginkar found it interesting that vehicle speeds dropped dramatically within 60 days of installation of the speed humps and continued during the study 150 days. However, the 420 day study indicates that the southbound and northbound speeds are pretty much the same as they were before installation of the speed humps. As he stated during prior discussions regarding speed humps, once people get used to speed humps speeds return to pre-speed hump installation statistics. Therefore, he continues to believe that speed humps are not effective and that the problem is merely being transferred to other neighborhoods. Chair/Morris said he felt uncomfortable about installing speed humps in that neighborhood because it was one area where there was no cut-through traffic. If speed humps are reconsidered, the City should look at them in a different manner and for locations where there are other types of traffic than neighborhood traffic. Chair/Morris said that with the Neighborhood Traffic Management Study on hold and with the SR 57/60 project going forward, the City either needs to push the Neighborhood Traffic Management Study or involve CalTrans in the matter. If the City is going to be heavily impacted on its City streets, it should consider implementing the red light system. Since the project is a four-year project, perhaps CalTrans could be involved in the implementation of the system. C/Kashyap said that in his experience, there is no substitute for live enforcement. XII. SCHEDULE OF FUTURE CITY EVENTS - as agendized. May 8, 2003 PAGE 11 T&T COMMISSION ADJOURNMENT: There being no further business to come before the Traffic and Transportation Commission, Chairman Morris adjourned the meeting at 8:50 p.m. Respectfully, /s/ David G. Liu Attest: David G. Liu, Secretary /s/ Roland Morris Chairman Roland Morris CITY COUNCIL TO: Honorable Mayor and Members of he City Council VIA: Linda C. Lowry, City ManageL TITLE: Treasurer's Statement — May 31, 2003 RECOMMENDATION: Approve the May 2003, Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Agenda # Meeting Date: 6.4 July 1, 2003 AGENDA REPORT Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. This statement shows the cash balances for the various funds, with a breakdown of bank account balances, investment account balances and the effective yield earned from investments. PREPARED BY: Susan Full, Accountant II C ZG Department Head Attachments: Treasurer's Statement 013 Deputy City Manager CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT May 31, 2003 BEGINNING TRANSFERS ENDING BALANCE RECEIPTS DISBURSEMENTS IN (OUT) BALANCE GENERAL FUND $22,993,108.89 $1,164,922.33 $1,095,703.46 $23,062,327.76 LIBRARY SERVICES FUND 81,642.73 505.94 81,136.79 COMMUNITY ORG SUPPORT FD (11,754.00) 250.00 (12,004.00) GAS TAX FUND (103,329.61) 87,370.54 0.00 (15,959.07) TRANSIT TX(PROPA) FD 1,390,030.89 102,198.15 96,965.73 1,395,263.31 TRANSIT TX (PROP C) FD 1,271,532.14 51,533.03 1,323,065.17 ISTEA Fund 752,129.87 752,129.87 INTEGRATED WASTE MGT FD 555,096.52 3,910.10 11,329.88 547,676.74 AB2928-TR CONGESTION RELIEF FD 255,366.26 255,366.26 AIR QUALITY IMPRVMNT FD 168,028.62 190.63 167,837.99 PARK & FACILITIES DEVEL. FD 2,447,481.67 2,447,481.67 COM DEV BLOCK GRANT FD (120,806.77) 101,936.00 8,365.46 (27,236.23) CITIZENS OPT -PUBLIC SAFETY FD 277,351.42 5,164.70 272,186.72 NARCOTICS ASSET SEIZURE FD 307,289.72 307,289.72 CA LAW ENFORCEMENT EQUIP PRGN 84,271.46 84,271.46 LANDSCAPE DIST #38 FD 548,230.41 31,176.21 21,757.95 557,648.67 LANDSCAPE DIST #39 FD 284,938.61 19,831.32 8,170.71 296,599.22 LANDSCAPE DIST #41 FD 413,175.78 14,455.23 6,128.66 421,502.35 GRAND AV CONST FUND 128,201.78 128,201.78 CAP IMPROVEMENT PRJ FD (1,024,952.70) 986,318.63 (2,011,271.33) SELF INSURANCE FUND 1,150,992.07 1,150,992.07 EQUIPMENT REPLACEMENT FUND 166,392.69 166,392.69 COMPUTER REPLACEMENT FUND (3,160.61) 1,483.44 (4,644.05) PUBLIC FINANCING AUTHORITY FUND 9,449,845.92 1.29 25,699.03 9,424,148.18 TOTALS 41,461,103.76 1,577,334.20 2,268,034.22 $0.00 40770,403.74 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT $207,839.79 PAYROLL ACCOUNT 10,598.37 CHANGE FUND 250.00 PETTY CASH ACCOUNT 500.00 TOTAL DEMAND DEPOSITS $219,188.16 INVESTMENTS: US TREASURY Money Market Acct. $59,346.23 LOCAL AGENCY INVESTMENT FD 31,067,721.17 31,127,067.40 CASH WITH FISCAL AGENT: US TREASURY Money Market Account $626,103.80 LOCAL AGENCY INVESTMENT FD 8,798,044.38 (Bond Proceeds Account) 9,424,148.18 TOTAL CASH $40,770,403.74 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. There are two LAIF accounts set The regular account's funds are available for withdrawal within 24 hours. The LAIF Bond Proceeds account's withdrawals re( 30 days notice. As a secondary investment option, the City maintains the US Treasury Sweep Accounts with Wells Fargo and the City's Fiscal Agent, Union Bank of California. Any excess funds are "swept' on a dally basis from the City's bank accounts and are invest overnight in a pool of US Treasury Notes. Interest Is credited to the City's bank accounts on a monthly basis L.A. LF - Effective Yield -May 2003 1.769% Wells Fargo Money Mkt -Effective Yield - May 2003 0.584% Union Bank Money Mkt - Effective Yleld - May. 2003 1.010% All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's estimated ��expend itures Lin a C. Lowry, Treasurer Agenda # 6.4 Meeting Date: July 1, 2003 TO: Honorable Mayor and Members oche City,Council VIA: Linda C. Lowry, City Manag I TITLE: Treasurer's Statement - May 31, 2003 RECOMMENDATION: Approve the May 2003, Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. This statement shows the cash balances for the various funds, with a breakdown of bank account balances, investment account balances and the effective yield earned from investments. PREPARED BY: Susan Full, Accountant II Departm ent Head \ J Deputy City Manager Attachments: Treasurer's Statement CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT May 31, 2003 TRANSFERS ENDING BEGINNING IN (OUT) BALANCE BALANCE RECEIPTS DISBURSEMENTS GENERAL FUND $22,993,108.89 $1,164,922.33 $1,095,703.46 $23,062,327.76 LIBRARY SERVICES FUND 81,642.73 505.94 81,136.79 COMMUNITY ORG SUPPORT FID (11,754.00) 250.00 (12,004.00) GAS TAX FUND (103,329.61) 87,370.54 0.00 (15,959.07) TRANSIT TX (PROP A) FD 1,390,030.89 102,198.15 96,965.73 1,395,263.31 TRANSIT TX (PROP C) FD 1,271,532.14 51,533.03 1,323,065.17 ISTEA Fund 752,129.87 752,129.87 INTEGRATED WASTE MGT FD 555,096.52 3,910.10 11,329.88 547,676.74 AB2928-TR CONGESTION RELIEF FD 255,366.26 255,366.26 AIR QUALITY IMPRVMNT FD 168,028.62 190.63 167,837.99 PARK & FACILITIES DEVEL. FD 2,447,481.67 2,447,481.67 COM DEV BLOCK GRANT FD (120,806.77) 101,936.00 8,365.46 (27, 236.23) CITIZENS OPT -PUBLIC SAFETY FD 277,351.42 5,164.70 272,186.72 NARCOTICS ASSET SEIZURE FD 307,289.72 307,289.72 CA LAW ENFORCEMENT EQUIP PRGN 84,271.46 84,271.46 LANDSCAPE DIST #38 FD 548,230.41 31,176.21 21,757.95 557,648.67 LANDSCAPE DIST #39 FD 284,938.61 19,831.32 8,170.71 296,599.22 LANDSCAPE DIST #41 FD 413,175.78 14,455.23 6,128.66 421,502.35 GRAND AV CONST FUND 128,201.78 128,201.78 CAP IMPROVEMENT PRJ FD (1,024,952.70) 986,318.63 (2,011,271.33) SELF INSURANCE FUND 1,150,992.07 1,150,992.07 EQUIPMENT REPLACEMENT FUND 166,392.69 166,392.69 COMPUTER REPLACEMENT FUND (3,160.61) 1,483.44 (4,644.05) PUBLIC FINANCING AUTHORITY FUND 9,449,845.92 1.29 25,699.03 9,424,148.18 TOTALS $41,461,103.76 $1,577,334.20 $2,268,034.22 $0.00$40 770,403.74 SUMMARY OF CASH: GENERAL ACCOUNT $207,839.79 DEMAND DEPOSITS: PAYROLL ACCOUNT 10,598.37 CHANGE FUND 250.00 PETTY CASH ACCOUNT 500.00 TOTAL DEMAND DEPOSITS $219,188.16 INVESTMENTS: US TREASURY Money Market Acct. $59,346.23 LOCAL AGENCY INVESTMENT FD 31,067,721.17 31,127,067.40 US TREASURY Money Market Account $626,103.80 CASH WITH FISCAL AGENT: LOCAL AGENCY INVESTMENT FD 8,798,044.38 (Bond Proceeds Account) 9,424,148.18 TOTAL CASH $40,770,403.74 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. There are two LAIF accounts set The regular account's funds are available for withdrawal within 24 hours. The LAIF Bond Proceeds account's withdrawals re( 30 days notice. As a secondary investment option, the City maintains the US Treasury Sweep Accounts with Wells Fargo and the City's Fiscal Agent, Union Bank of California. Any excess funds are "swept" on a daily basis from the City's bank accounts and are invesl overnight in a pool of US Treasury Notes. Interest Is credited to the City's bank accounts on a monthly basis L.A.I.F - Effective Yield - May 2003 1.769% Wells Fargo Money Mkt -Effective Yield - May 2003 0.584% Union Bank Money Mkt - Effective Yield - May. 2003 1.010% All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expenditures,: //,7 Agenda # 6.5 Meeting Date: 07/01/03 i - III --- CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Man age�a"0,�/� �J TITLE: APPROVAL OF AMENDMENT #4 TO EXTEND LICENSE AGREEMENT WITH COCA-COLA, BOTTLING COMPANY OF LOS ANGELES FOR THE PLACEMENT OF BEVERAGE -SERVING VENDING MACHINES IN CITY PARKS FOR THE PERIOD OF AUGUST 1, 2003 THROUGH JULY 31, 2005. RECOMMENDATION: Approve extension of the license agreement. FINANCIAL IMPACT: The City's annual share of the revenue from the beverage sales from the vending machines in the City's parks averaged approximately $13,505 for the past two years. The removal of the vending machines at Summitridge Park during the construction of the Community/ Senior Center created a 5.5% reduction in the average revenue (previously $14,300) Annual electrical cost to operate the vending machines borne by the City is estimated to be $1,584. The projected net proceeds for the City for the two-year term of the proposed extension are $23,842. BACKGROUND: The City Council approved a one-year license agreement beginning August 1, 1999 for the Coca-Cola Bottling Company of Los Angeles to provide beverage -dispensing vending machines in the City parks. The City Council approved one-year agreement extension amendments in 2000, 2001, and in 2002. The current agreement is scheduled to expire on July 31, 2003. The Coca-Cola Bottling Company of Los Angeles is seeking an extension of the agreement for the period of August 1, 2003 through July 31, 2005. DISCUSSION: At their May 22, 2003 meeting, the Parks and Recreation Commission reviewed the extension request and recommended that the City Council approve the twenty-four (24) month extension as the service that Coca Cola has provided to the City since 1999 has been satisfactory and the vending machines in the parks provide a beneficial service to park users. The Coca-Cola Bottling Company of Los Angeles agreed to maintain the $1.00 per unit cost for the duration of the twenty-four (24) month agreement term. ATTACHMENTS: Amendment #4 to License Agreement Commercial Outdoor Vending Machine License Agreement PREPARED BY: Kim Crews, Senior Management Analyst REVIEWEN3Y: Bob ose JtAes DeSttnager no Director of Community Services Deputy City Jun -25-03 04:04pm From -CCE INDUSTRY +6266554474 T-943 P.02/02 F-631 AMZMNW '.f #4 TO LICTsME AGREEMWiT TSS AbUMMENT #4 To LICENSE AGREEMENT is made this 1' day of July, 2003 by turd between the CITY OF DIAMOND BAR, 9 =Unicil* aot'pctatiotr of the State of California ("Cn " j od COCA COLA BOTIUNG COMPANY OF LOS ANGII.ES (LICENSEFM Recitals: a. LICENSEE entered into a 12 month AGREEMENT with CnT Offective August 1, 1999 ("the AGREEMENT") fur the placement of beveragDderving vwding machines in City Poics. b. Term of the AGREFMSNI' was revised par Amendment #1 to cxtxmd the AGREEM SIT from August 1, 2000 through July 31, 2001. c. Tam of the AGREEMENT was revW-d per Amendment #2 to extend the AORMNENT ftmn August 1, 2001 through July 31,2002- d. 1,2002_d Tam of the AGRE-EMENT was revised per Amendment #3 to extend the AGRB' from August 1, 2002 through July 31, 2003. e. Parties desire to amend dw AGREEMENT to extend the term for an additional 24 months. Now, therefore, the parties We to amend the Air as follows: Section 1— Term of the AGREEMENT provided in Section 2 is revised to extend the AGREEMENT frond August 1, 2003 through July 31, 2005. Exoapt as provided above, the AGREBONT is in all other respects in full force and effect. IN WPTNESS WHEREOF, the parties hereto have exccutsd this AMENDMEW 04 TO AGRERMliNT an the date, and year fast writtrn above. ATTEST: CITY OF DIAMOND BAR A Municipal Corporation Of the State or California Signed Carol xesrera Tide: Mayor APPROVED TO FORM COCA COLA BOTTLING COMPANY OF LOS ANGI3.ES Licensee Sipcid ILL —it Title Ad tv, 0k 1 r�GV1GG�) CYty AU"ocy Linda C. Lowry, City Clerk CITY OF DIAMOND BAR COMMERCIAL OUTDOOR VENDING MACHINE LICENSE AGREEMENT RECITALS A. The Coca Cola Bottling Company of Los Angeles (hereinafter "Licensee") seeks to vend its beverage products from vending machines located in certain parks owned and operated by the City of Diamond Bar (hereinafter "City"). B. City desires to place beverage -serving vending machines at specified locations within certain of its parks as a service to park users. C. This Agreement sets forth the terms and conditions under which Licensee may install its vending machines in City parks. LICENSE 1. License. A revocable non-exclusive license (hereinafter the "License" or "Agreement") is hereby granted to Licensee to install the number of beverage -serving vending machines in accordance with the specifications and in the precise locations and configuratiions all as described in Exhibit A attached hereto and incorporated herein by this reference, and subject to the terms and conditions of this License. 2. Term. This License shall take effect on August 1, 1999 and shall remain in effect for a period of twelve (12) months through July 31, 2000, unless earlier revoked by City pursuant to Paragraph 3 herein or voluntarily relinquished or abandoned by the Licensee. The parties may prior to its expiration mutually agree to extend this License for an additional period of time. 3. Termination. This revocable License may be revoked by City at any time, with or without cause, in City's sole discretion, upon giving Licensee thirty (30) days' advance notice of revocation. 4. Fee. Licensee shall pay to City in consideration of the use of its property for the above-described purposes a commission of 35% of the price charged for each unit of beverage sold from the licensed vending machines. The commission shall be paid quarterly, in arrears, in accordance with the following schedule: City of Diamond Bar Page 1 Agreement - Commercial Outdoor Vending Machine License PAYMENT DUE FOR July 15 April, May and June October 15 July, August and September January 15 October, November and December April 15 January, February and March 5. Beverage selection and pricing. Licensee shall vend the following products from its vending machines: carbonated beverages (20 oz. bottle), PowerAde Beverages (20 oz. bottle), Fruitopia Beverages (20 oz. bottle) and Naya Water (16.9 oz. bottle). Beverage pricing shall not exceed One Dollar ($1.00) per bottle during twelve month term of this License. 6. Installation and maintenance of vending machines. Licensee shall at its own cost and expense install its vending machines at the approved locations identified in Exhibit A and maintain them in an attractive, clean and operable condition. Licensee shall be responsible for providing its machines with routine maintenance, service, cleaning and collections so as to avoid creation of a nuisance. Licensee shall repair malfunctioning or inoperative machines, remove graffiti, and repair any damage to machines within twenty- four hours of receipt of notice of same from the City; provided, however, that Licensee may respond on Monday to any such notice received after 12:00 Noon on the preceding Friday. 7. Lockdown of machines during events. Licensee agrees to lock down its vending machines so that they are unavailable for use: i) during the school day in Paul C. Grow Park; ii) when concession stands are operating during sporting events in Peterson and Pantera Parks; iii) during the City's annual birthday celebration and concerts -in -the park; and iv) during community events designated by City in writing at least ten (10) days in advance of the event. 8. Assignment. This License shal I not be assigned or transferred without the written consent of City. Any such purported assignment or transfer shall be void and of no effect. In the event that the Licensee sells, transfers, leases or otherwise conveys a controlling interest in the above-described business as an ongoing concern, the Licensee shall provide any such purchaser, lessee or transferee with a copy of this instrument and with notice that it is not assignable without written consent of City. 9. Indemnification. Licensee shall indemnify and hold harmless City, its officers, employees and agents from and against all claims, causes of action, liabilities and damages for injuries to persons and property, including reasonable costs of defense and attorney fees, arising from Licensee's activities on City property pursuant to this License, including but not limited to Licensee's negligent or wrongful acts, errors or omissions in the installation, continued maintenance and use of the vending machines in their location. Licensee shall promptly pay the amount of any judgment rendered against City of Diamond Bar Page 2 Agreement - Commercial Outdoor Vending Machine License City, its officers, employees and agents for any such indemnified claims, and reasonable costs and attorney fees incurred by City in the defense of such claims. 10.City'sright of entry. Licensee acknowledges the City's absolute right to enter upon the area in which the vending machines are located for purposes of inspection, replacement, repair, or maintenance of public facilities above, on or under the area. 11. Damage to vending machines and property. Licensee assumes responsibility for all damage to its vending machines caused by third parties and to City's property caused by Licensee's placement and maintenance of the vending machines, and shall reimburse City for correction of any such damage. City shall have no responsibility or liability for damage to Licensee's vending machines caused by third parties. 12. Restoration of premises. Within thirty (30) days of expiration of this License, whether upon its expiration or earlier termination, Licensee shall at its expense remove its vending machines and restore the property to its condition prior to placement of the machines. In the event Licensee fails to do so, City shall have the option of removing the machines at Licensee's expense and Licensee waives all claims for damage to the machines resulting from such removal. Any cost incurred by City in so doing shall constitute a debt of the Licensee to the City, and recoverable by City in any manner provided by law. 13. Possessory interest. Licensee acknowledges that this permit may create a taxable possessory interest subject to property taxation, and that Licensee shall be solely responsible for satisfaction of any property taxes levied on the property. 14. Compliance with codes. Licensee shall perform all work in full compliance with all applicable codes, ordinances and laws, and obtain all necessary permits. 15. Promotional support. Licensee shall provide to City: i) one PowerAde Parks and Recreation Athletic Kit (with a retail value of $500) for every PowerAde vending machine placed pursuant to this License; and ii) a one-time donation of 25 free cases of 12 oz. Coca Cala products. 16. Records and audit. Licensee shall maintain accounts and records adequate to identify and account for all beverage product sales made pursuant to this License for a period of three (3) years after the expiration of this License. All such records shall be -made available to City for inspection or audit at any time upon reasonable notice and during regular business hours. 17. Responsible parties and notice. Unless otherwise designated in writing, the City's Community Services Director shall serve as City's representative for City of Diamond Bar Page 3 Agreement - Commercial Outdoor Vending Machine License administration of this License. All activities performed by Licensee shall be coordinated with hire, and all notices shall be delivered or directed to him at: City of Diamond Bar 21660 E. Copley Drive Suite 100 Diamond Bar, CA 91763 ATTN: Community Services Director Unless otherwise designated in writing, Kimberly Curtis shall serve as Licensee's representative on all matters pertaining to this License, and any/all agreements made by her shall be binding on Licensee. All notices to Licensee shall be delivered or d i rected to: Coca Cola Bottling Company of Los Angeles 13255 E. Amar Road City of Industry, CA 91746 ATTN: Kimberly Curtis 18. Entire Agreement; Modification. This License supersedes any and all other agreements, either oral or written, between the parties and contains all of the covenants and agreements between the parties. Each party to this License acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by or relied upon by any party which are not embodied herein. Any modification to this License shall be effective only if in writing and signed by both parties. City of Diamond Bar Page 4 Agreement - Commercial Outdoor Vending Machine License IN WITNESS WHEREOF, the parties have executed this Commercial Outdoor Vending Machine License Agreement on the date first written above. COCA COLA BOTTLING COMPANY OF LOS ANGELES By: Kimberly Curtis, Branch Manager CITY OF DIAMOND BAR By: GC- Mayor Wen Chang ATTEST: CIT CLtn,k Xy Signature(s) must be acknowledged before a Notary Public: STATE OF CALIFORNIA COUNTY OF LO NGELES s5 n I Aefore me, the undersigned, a Notary Public in and for said tate, personally appe,)red know n to the person _ whose/name was/were subscribed to the within instrument and a to be acknowledged that jam_ executed the same. Witness hand an fficial seal. Ciry of Diamond Bar Page 5 / Agreement - Commercial Outdoor Vending Machine License CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State! of California County ss. before m - Dat' Name and Twe c personally appeared A'f h L- I i ANNET[E MAL B= _Oonrr.al M i 117M4 Mlatrk GM=courtf @WCWMEVftAPr77.2=1 i .lane personally known to me proved to me on the basis of satisfactory evidence to be the persor"t- whose name( -,tis/ subscribed to the within instrument and acknowledged to me that hel he/ ey executed the same in r authorized capacity(iea}, and that by ry etr- signature(s}on the instrument the personT*, or the entity upon behalf of which the persotfst acted, executed the instrument. WIT ESS my -and official seal. Place Notary Seal Above Signature o Notary Public OPT! NAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Llgcument Title or Type of Document: l Document Date:— � _ (7 v If Number of Pages: !_ Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signers Name: Individual Corporate Officer — Title(s): Partner — Limited `, General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: RIGHT THUMBPRINT OF SIGNER TOP Ot tnUMb here C 1997 National NotaryAssociation - 9350 De Soto Ave . P.O. Box 2402 - Chatsworth, CA 91313-2402 a Prop, No. 5907 Reoroer: Call Tall -Free 1.800.816-6827 Agenda # 6. 5 Meeting Date: 07/01/03 --iii CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manag—l—,----,—,—,+ J EXTEND LICENSE AGREEMENT WITH TITLE: APPROVAL OF AMENDMEN T #4 TO COCA-COLA, BOTTLING COMPANY OF LOS ANGELES FOR THE PLACEMENT OF BEVERAGE -SERVING VENDING MACHINES IN CITY PARKS FOR THE PERIOD OF AUGUST 1, 2003 THROUGH JULY 31, 2005. RECOMMENDATION: Approve extension of the license agreement. FINANCIAL IMPACT: The City's annual share of the revenue from the beverage sales from the vending rachines in the City's parks averaged approximately $13,505 for the past two years. The removal of the vending machines at Summitridge Park during the construction of the Community/ Senior Center created a 5.5% reduction in the average revenue (previously $14,300) Annual electrical cost to operate the vending machines borne by the City is estimated to be $1,584. The projected net proceeds for the City for the two-year term of the proposed extension are $23,842. BACKGROUIND: The City Council approved cone -year license agreement beginning August 1, 1999 for the Coca-Cola Bottling Company of Los Angeles to provide beverage -dispensing vending machines in the City parks. The City Council approved one-year agreement extension amendments in 2000, 2001, and in 2002. The current agreement is scheduled to expire on July 31, 2003. The Coca-Cola Bottling Company of Los Angeles is seeking an extension of the agreement for the period of August 1, 2003 through July 31, 2005. DISCUSSION: At their May 22, 2003 meeting, the Parks and Recreation Commission reviewed the extension request and recommended that the City Council approve the twenty-four (24) month e;—tension as the service that Coca Cola has provided to the City since 1999 has been satisfactory and the vending machines in the parks provide a beneficial service to park users. The Coca-Cola Bottling Company of Los Angeles agreed to maintain the $1.00 per unit cost for the duration of the twenty-four (24) month agreement term. ATTACHMENTS: Amendment #4 to License Agreement Commercial Outdoor Vending Machine License Agreement PREPARED BY: Kim Crews, Senior Management Analyst Bob Rose Jafnes DeStelano Director of Community Services Deputy City Manager Jun -25-03 04:04ps Froa-CCE INDUSTRY +6268554474 T-943 P.02/02 F-632 AMEI—TAMEIV'JC #4 TO I.IC—NSE AGREEMENT 7I7T1S A1—NDMEN'T #4 TO I—iCENSE AGRF.—iN'Y' is mado tb—is 1' day of July, 2043 by end tretween tlu C:IT'Y OF DIAMOND BAIL, g muaticipsil corporation of the State of California ("CITY'S —d COCA, COLA HOTTLI'.NQ COMPANY OP LOS ANGE,I.ES (ziCENSEE'— Kecitals: a LxC—SSEE entarod into a 12 month A.GREENiENT wlth CiTX ed—'ootive August 1,1999 ("the AGREFMENT'— for the placement of beverage—eervmg vandin8 Machines in City Fark—. b. Term of the AC—RBFMSNT was revised par Amendment #1 to axtxmd the AOR—BMENT from August I, 2000 through July 31,001. d Team of the AGRF, a]—NT was revise8 per Amendment #3 to extend tk—e AGRBBM—VT' from Auguut 1, 2002 through July 31, 2003. e. Paarties desire to amend tau A(3R158Ni1'—V'!'ta extend the team for an additional 24 months. IyTow, theratfoxe, the parties agme to amend the AG—tEBMI—I'T as follows: 3<<xtion 1 -Term of the AGREEMENT; provided in Section 2 is revised to extend the AGREEMENT from August 1, 2003 through July 31, 2005. F,—wept as pmvi—ded abovq tl— AGR,EhiV—V7' is in aA ether respects in full force and effect. TN WTTNBSS WHEREOF, the parties htreto have executed this AMSNDME1Vx #4 TO AGkF—EFNT aa: the date and year i—t w:ittrn above. ATTB3?: C -7Y OF DIAMOND BAR A Municipal Corporation Of 1ho State of California COCA COT.A HC)TTLIldC— C:OMFANY OF LOS ANGEI.BS Licensee S',i—ned Carol Herrera Title: Mayor APPROVED TO FORM' Signed Title -- —r— — 1 — —VIGG— CITY OF DIAMOND BAR COMMERCIAL OUTDOOR VENDING MACHINE LICENSE AGREEMENT RECITALS A. The Coca Cola Bottling Company of Los Angeles (hereinafter "Licensee") seeks to vend its beverage products from vending machines located in certain parks owned and operated by the City of Diamond Bar (hereinafter "City"). B. City desires to place beverage -serving vending machines at specified locations within certain of its parks as a service to park users. C. This Agreement sets forth the terms and conditions under which Licensee may install its vending machines in City parks. LICENSE 1. License. A revocable non-exclusive license (hereinafter the "License" or "Agreement") is hereby granted to Licensee to install the number of beverage -serving vending machines in accordance with the specifications and in the precise locations and configuratiions all as described in Exhibit A attached hereto and incorporated herein by this reference, and subject to the terms and conditions of this License. 2. Term. This License shall take effect on August 1, 1999 and shall remain in effect for a period of twelve (12) months through July 31, 2000, unless earlier revoked by City pursuant to Paragraph 3 herein or voluntarily relinquished or abandoned by the Licensee. The parties may prior to its expiration mutually agree to extend this License for an additional period of time. 3. Termination. This revocable License may be revoked by City at any time, with or without cause, in City's sole discretion, upon giving Licensee thirty (30) days' advance notice of revocation. 4. Fee. Licensee shall pay to City in consideration of the use of its property for the above-described purposes a commission of 35% of the price charged for each unit of beverage sold from the licensed vending machines. The commission shall be paid quarterly, in arrears, in accordance with the following schedule: City of Diamond Bar Page 1 Agreement - Commercial Outdoor Vending Machine License 14 PAYMENT DUE FOR July 15 April, May and June October 15 July, August and September January 15 October, November and December April 15 January, February and March 5. Beverage selection and pricing. Licensee shall vend the following products from its vending machines: carbonated beverages (20 oz. bottle), PowerAde Beverages (20 oz. bottle), Fruitopia Beverages (20 oz. bottle) and Naya Water (16.9 oz. bottle). Beverage pricing shall not exceed One Dollar ($1.00) per bottle during twelve month term of this License. 6. Installation and maintenance of vending machines. Licensee shall at its own cost and expense install its vending machines at the approved locations identified in Exhibit A and maintain them in an attractive, clean and operable condition. Licensee shall be responsible for providing its machines with routine maintenance, service, cleaning and collections so as to avoid creation of a nuisance. Licensee shall repair malfunctioning or inoperative machines, remove graffiti, and repair any damage to machines within twenty- four hours of receipt of notice of same from the City; provided, however, that Licensee may respond on Monday to any such notice received after 12:00 Noon on the preceding Friday. 7. Lockdown of machines during events. Licensee agrees to lock down its vending machines so that they are unavailable for use: i) during the school day in Paul C. Grow Park; ii) when concession stands are operating during sporting events in Peterson and Pantera Parks; iii) during the City's annual birthday celebration and concerts -in -the park; and iv) during community events designated by City in writing at least ten (10) days in advance of the event. 8. Assignment. This License shall not be assigned or transferred without the written consent of City. Any such purported assignment or transfer shall be void and of no effect. In the event that the Licensee sells, transfers, leases or otherwise conveys a controlling interest in the above-described business as an ongoing concern, the Licensee shall provide any such purchaser, lessee or transferee with a copy of this instrument and with notice that it is not assignable without written consent of City. 9. Indemnification. Licensee shall indemnify and hold harmless City, its officers, employees and agents from and against all claims, causes of action, liabilities and damages for injuries to persons and property, including reasonable costs of defense and attorney fees, arising from Licensee's activities on City property pursuant to this License, including but not limited to Licensee's negligent or wrongful acts, errors or omissions in the installation, continued maintenance and use of the vending machines in their location. Licensee shall promptly pay the amount of any judgment rendered against City of Diamond Bar Page 2 Agreement - Commercial Outdoor Vending Machine License City, its officers, employees and agents for any such indemnified claims, and reasonable costs and attorney fees incurred by City in the defense of such claims. 10. City's right of entry. Licensee acknowledges the City's absolute right to enter upon the area in which the vending machines are located for purposes of inspection, replacement, repair, or maintenance of public facilities above, on or under the area. 11. Damage to vending machines and property. Licensee assumes responsibility for all damage to its vending machines caused by third parties and to City's property caused by Licensee's placement and maintenance of the vending machines, and shall reimburse City for correction of any such damage. City shall have no responsibility or liability for damage to Licensee's vending machines caused by third parties. 12. Restoration of premises. Within thirty (30) days of expiration of this License, whether upon its expiration or earlier termination, Licensee shall at its expense remove its vending machines and restore the property to its condition prior to placement of the machines. In the event Licensee fails to do so, City shall have the option of removing the machines at Licensee's expense and Licensee waives all claims for damage to the machines resulting from such removal. Any cost incurred by City in so doing shall constitute a debt of the Licensee to the City, and recoverable by City in any manner provided by law. 13. Possessory interest. Licensee acknowledges that this permit may create a taxable possessory interest subject to property taxation, and that Licensee shall be solely responsible for satisfaction of any property taxes levied on the property. 14. Compliance with codes. Licensee shall perform all work in full compliance with all applicable codes, ordinances and laws, and obtain all necessary permits. 15. Promotional support. Licensee shall provide to City: i) one PowerAde Parks and Recreation Athletic Kit (with a retail value of $500) for every PowerAde vending machine placed pursuant to this License; and ii) a one-time donation of 25 free cases of 12 oz. Coca Cola products. 16. Records and audit. Licensee shall maintain accounts and records adequate to identify and account for all beverage product sales made pursuant to this License for a period of three (3) years after the expiration of this License. All such records shall be -made available to City for inspection or audit at any time upon reasonable notice and during regular business hours. 17. Responsible parties and notice. Unless otherwise designated in writing, the City's Community Services Director shall serve as City's representative for City of Diamond Bar Page 3 Agreement - Commercial Outdoor Vending Machine License administration of this License. All activities performed by Licensee shall be coordinated with hire, and all notices shall be delivered or directed to him at: City of Diamond Bar 21660 E. Copley Drive Suite 100 Diamond Bar, CA 91763 ATTN: Community Services Director Unless otherwise designated in writing, Kimberly Curtis shall serve as Licensee's representative on all matters pertaining to this License, and any/all agreements made by her shall be binding on Licensee. All notices to Licensee shall be delivered or directed to: Coca Cola Bottling Company of Los Angeles 13255 E. Amar Road City of Industry, CA 91746 ATTN: Kimberly Curtis 18. Entire Agreement; Modification. This License supersedes any and all other agreements, either oral or written, between the parties and contains all of the covenants and agreements between the parties. Each party to this License acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by or relied upon by any party which are not embodied herein. Any modification to this License shall be effective only if in writing and signed by both parties. City of Diamond Bar Page 4 Agreement - Commercial Outdoor Vending Machine License IN WITNESS WHEREOF, the parties have executed this Commercial Outdoor Vending Machine License Agreement on the date first written above. COCA COLA BOTTLING COMPANY OF LOS ANGELES Kimberly Curtis, Branch Manager ATTEST: CITY OF DIAMOND BAR By: Signature(s) must be acknowledged before a Notary Public: STATE OF CALIFORNIA COUNTY OF LOS -ANGELES for said tale ersonaII a e red S Ip Y Ftj known to me to be the person whose name was/were subscribed to the within instrument and acknowledged that executed the same. W itnes xi hand an fficial seal. ss ilefore me, the undersigned, a Notary Public in and aZi.— c ra City of Diamond Bar Page 5 v Agreement - Commercial Outdoor Vending Machine License CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT rc—.t--,c:c'.cc.- - -r ;— States of California Place Notary Seal Above Though the mformat—on below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. OPT/ONAL Description of Attached C)gcum t C 11 -- Title or Type of Document: Document Date: I- — — _-7 Number of Pages: Signer(s) Other Than Named Above: --/ —L' — ---- Capacity(ies) Claimed by Signer Signers Name: individual Corporate Officer -Title(s): Partner -" Limited ' ! General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is I—epresen5ng: personally known to me ^' proved to me on the basis of satisfactory evidence to be the persort>fs)- whose name(s—' is subscribed to the within instrument and acknowledged to me that he ley executed the same in e— authorized capacity(ies}, and that by — r/ eir- signature(s}on the instrument the person -91, or the entity upon behalf of which the persot—sj- acted, executed the instrument. RIGHT THUMBPRINT OF SIGNER t r t T K iT P f. ii r� e, C 1997 National Notary Association • 9350 pe Solo Ave . P.O. Box 2402 • Chatswortti, CA 91313-2402 Prod. No. 5907 Reorder. Call Tdl-Free 1•B—Q•816-6827 Agenda # 6.6 Meeting Date: July 1, 2003 CITY COUNCIL AGENDA REPORT lh'kPOR+� l8S9 TO: Honorable Mayor and Members the City Council VIA: Linda C. Lowry, City Manage &J� Z�� TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR OPPOSING AB 1690 (LEND): PUBLIC SAFETY FINANCE AGENCIES RECOMMENDATION: It is recommended that the City Council adopt the Resolution. FISCAL IMPACT: The fiscal impact is undeterminable. BACKGROUND / DISCUSSION: AB 1690 is sponsored by the California Firefighters Association. This bill would authorize a county, city or county and city that forms a public safety finance agency to levy a local general income tax and shift a specified portion of annual property tax allocation income to the public safety finance agency. For cities the limit on the tax would be 8% of the of an individual's state income tax liability. The tax would be paid to the Franchise Tax Board with annual state income taxes. The money would be transmitted back to the city after processing fees and other expenses are taken out. The tax would be a discretionary source of funding. Thus, it can not be considered a "special tax" or "special assessment" Therefore, the tax would be subject to a simple majority — not two thirds - of the voters. AB 1690 would ALSO require the county auditor to transfer a portion of the city's annual property tax revenue to the public safety finance agency in an amount equal to 50% of the estimated local income tax revenues to be collected with in the first 12 months. The bill would mandate expenditure requiring the governing board of the public safety finance agency allocate the property tax revenues it receives as follows: 40% of the funds shall be dedicated to fire protection; 40% shall be dedicated to police and sheriff services; 20% shall be allocated as specified in a written agreement between the chief fire official and sheriff or police chief. AB 1690 would make the formation of a public safety finance agency purely optional. However, if it were used, it would tie the hands of city government regarding local spending and budget decisions with a state mandate. It would lock in annual funding levels for fire and police or sheriff services. This is also another way for the state to keep other revenue from local governments and has been hastily written in the wake of the state budget crisis. Prepared by: JirVXarke, Legislative Analyst Attachments The Sacramento Bee -- sacbee.com -- Bill would allow local income tax Assemblyman Jay La Suer, R -La Mesa. "Just because you don't use a gun, you use the law, doesn't mean you're not a thief." Assemblyman Mark Leno, the San Francisco Democrat who proposed AB 1690, said the legislation simply extends the notion of local control. The bill would authorize, but not require, cities and counties to consider imposing such a tax to supplement public safety services. Click here to uiew sample ad SE Voter approval would be required, but local governments could set the threshold at a simple majority or a supermajority, Leno said. "It's just a tool to use when necessary," he said of the tax. Cities and counties would have flexibility in structuring the tax: They could make it temporary, for example, or mandate that it apply only when revenues drop to a certain level, Leno said. The bill is co -written by John Burton, president pro tem of the Senate, which now must consider the landmark legislation. No precise estimate of potential proceeds is available. Statewide, $3.4 billion could be raised if every city and county imposed the maximum tax, officials said. California would join at least 12 other states -- including New York and Pennsylvania -- that offer some form of local income tax option. AB 1690 is a direct response to shaky financial times that directly affect city and county budgets, Leno said. Critics claim AB 1690 violates the spirit of Proposition 13, which requires that taxes for a specific purpose, such as public safety, must be approved by a supermajority of affected voters. "This is going around the voters," said Assembly Republican leader Dave Cox of Fair Oaks. "This is an attempt to lower the threshold." Under AB 1690, local income taxes would represent a percentage of a wage earner's state income tax liability. Cities could impose a tax of up to 8 percent, and counties up to 2 percent, of the amount an individual owes in state income taxes. Page 2 of 4 DATA-ENTRYL_ C..LAIMS_.._. S_IECURI_TYF__F... X7.50-$_i_1J,_I Guard ... ENVIRONME PROFESSION EIP ... Restaurant NOW HIRINI CONSTRUCTI( expandin�cor SOCIAL_W.ORF (LCSW,_ MFT._o MARKETING e prefd. Outgoi DENTAL OFFII For b_usy__mult COS_M ETO_LOC I_N STRUCTOR_ highly_,, ly__,,. DENTIST Mail forreview to . Sales -Outside 500 Co. Comr CONSTRUCTIc Carpenter L_ Fo MANAGEM_ENl Sacramento_S Water ... TILE INSTALL Journeyman t installers ... Con5tru_tt on_I M.anagerl View_AI_I_Top http://www.sacbce.com/content/politics/story/6800457p-7750889c.html 6/9/03 The Sacramento Bee -- sacbee.com -- Bill would allow local income tax Page 3 of 4 If local governments adopted the maximum possible tax, Californians earning less than $100,000 per year would pay about $70 annually, Leno said. The bill is the brainchild of California Professional Firefighters, and it requires that public safety services be enhanced in any city or county imposing such a tax. The formula for doing so, however, is roundabout and apparently designed to avoid requiring a supermajority vote, critics say. Here's how AB 1690 would work: Californians would pay their local income tax to the Franchise Tax Board, just as they currently do with state taxes. The local revenue would then be transferred to the appropriate cities and counties as discretionary funds -- but with a catch. For every dollar gained from the local income tax, cities and counties must transfer 50 cents in other funds to supplement public safety programs. Public safety finance agencies would be formed in participating jurisdictions to serve as a conduit for the transfer. Impacts on local government would be the same as merely designating 50 percent of the income tax proceeds to public safety. But the distinction may have important legal ramifications. By not channeling the new proceeds directly into public safety, the income tax may avoid being deemed a "special tax" subject to a two-thirds vote. "It's a shell game and a fairly blatant violation of Proposition 13," said Jon Coupal, president of the Howard Jarvis Taxpayers Association. Allowing local governments to impose income taxes would be "extraordinarily stupid" -- in part because high -wage earners could simply leave town, Coupal said. Leno dismissed such claims. "Would someone pick up and move out of San Francisco to save $70? Unimaginable," he said. Enhancing public services through an income tax could make cities and counties even more attractive, Leno said. The League of California Cities has not yet taken a position on AB 1690, said Dwight Stenbakken, the group's legislative director. One concern is that the legislation locks local governments into increasing public safety funding by a specific formula, he said. Carroll Wills, a spokesman for California Professional Firefighters, which http://www.sacbee.com/content/politics/story/6800457p-7750889c.html 6/9/03 The Sacramento Bee -- sacbee.com -- Bill would allow local income tax Page 4 of 4 sponsored AB 1690, said the measure "puts local taxing authority back where it belongs -- in the hands of voters." The organization represents 30,000 firefighters statewide and is a key player in fighting efforts to recall Gov. Gray Davis. Davis has taken no position on AB 1690, and typically does not take a position on a bill until both houses of the Legislature have voted, spokesman Russ Lopez said. About the Writer The Bee's Jim Sanders can be reached at (916) 326-5538 or isanders@sacbee.com. TtlCSaCraMCntDEIee - Get the whole story every day - SUBSCRIBE NOW! Contact Us/Feedback I Privacy Policy I Terms of Use News 1 Sports I Business I Politics I Opinion I Entertainment I Lifestyle I Travel I _W_omen. Cars I Classifieds I Homes I Jobs I Yellow Pages Help I Newsletters I Site Mao I Subscribe to the Print Edition I Traffic I Weather I Wireless Delivery About Us I Advertise in The Bee I Advertise Online I Contact Circulation Customer Service I Events [ Sacramento Bee Web sites 1 Sacbee.com I SacTicket.com I Sacramento.com Copyright © The Sacramento Bee / ver. 4 http://www.sacbee.com/content/politics/story/6800457p-7750889c.html 6/9/03 "is Lf -_;t> Oua\'tEvs top tax bill � �m its tracks EMOCRATIC lawmakers in Sacramento �DAnd want to give California's city and county governments a gift worth as much as $3.4 billion. you'll be the one paying for it The gift comes in the form of AB 1690, which passed through the Assembly and now awaits Senate approval. If signed into law, the legislation would allow local governments to start taxing income, a power now reserved for Washington and Sacramento. That smacking noise you hear is the sound of city and county leaders licking their chops. In a convoluted attempt to skirt Proposition 13 protections, AB 1690, co-authored by Assembly members Ron Calderon, D -Montebello and Ed Chavez, D -Industry, would let Let Sacra. local governments decide for themselves whether imposing an mento income tax would require a two. knOW IOud thirds super -majority or a sim- ple majority of the affected elec- and clear: torate. We do not C*e' does anyone care to guess which threshold -local gov- Want to ernments would choose for make up themselves? For too many elected officials for budget the power to tax income would be a temptation hard to resist in Woes With order to infuse more taxpayer a local cash into budgets picked clean by Sacramento. income Mustering a mere 50 percent tax; we d0 of the vote in municipal elec- tions, where turnout is minus - not want a tale, couldn't be any easier. All they need to do is put together a law that high-priced campaign, happily makes it funded by any number of special interests eager to get their share easier of the take. for such with income -taxing power in the hands of the very same peo- a tax --pie who made the decision to to eXiSt. _allow public employees to retire at 80 percent of salary, taxpayers PM( wouldn't stand a chance. AB 1690's coup de grace is a provision requiring local governments to spend only 50 percent of their -income-tax proceeds on public safety. That way; cities and counties can sell the tax hike as a critical need, while at the same time keeping half the money to spend any way they want, say, on public employee salaries or sweetheart deals for city contractors. Sponsoring the legislation is California Professional Firefighters, which, no doubt, sees local income taxes as a way to get more money into its members' hands. But why should cities and counties need more tax money to pay for such basic services as firefighting? Isn't that what prop- erty and sales taxes are for? The story of most local governments is that as bureaucratic costs go up, services go down, mak- ing city and county leaders ever desperate for more cash — the fact that only one city that we know of (Duarte) has retired its utility tax is sure proof of that Compounding the problem is the constant fear that Sacramento might at any time cut back local funding — a fear that would be made all the more real if municipal governments could tax income. It's no secret that legislators look fust to local funding when it comes to reducing spending to balance the state budget, forcing the county and cities to seek out cash by other means — such as the local income tax. That's the evil genius of AB 1690. The legislation would allow state and local gov- ernments alike to continue spending inefficiently, subsidizing their waste by socking it to the taxpay- ers once again. This is one bill that should never become law. RESOLUTION NO. 2003- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO OPPOSE AB 1690 (LEVO): PUBLIC SAFETY FINANCE AGENCIES WHEREAS, Assembly Bill 1690 would authorize cities and counties which form a public safety finance agency to levy a local general income tax if the tax is approved by a majority of the voters, and WHEREAS, AB 1690 requires the county auditor to transmit property tax revenue in an amount equal to 50 percent of the local tax revenue to the public safety finance agency, and WHEREAS, AB 1690 mandates that the property tax revenue shifted to the public safety finance agency must be spent on fire protection and police and sheriff services, and WHEREAS, AB 1690 could impose new revenue allocation duties upon local officials and a state -mandated local program, and WHEREAS, AB 1690 could result in an unfair burden on tax payers and local governments in the wake of the state budget crisis, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar OPPOSES Assembly Bill 1690 (Leno): Public Safety Finance Agencies and directs 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 AB 1690 (Leno) and urges all state elected officials to oppose AB 1690. SECTION 3. That the Diamond Bar City staff fax a copy of the above Resolution to Gonzalves & Son in order to be officially recorded with the Senate Committee on Revenue and Taxation (the bills current status) as being opposed to AB 1690. PASSED, APPROVED AND ADOPTED this 1st day of July, 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 duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the 1St day of July, 2003, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Linda C. Lowry, City Clerk Agenda # 6.6 Meeting Date: July 1, 2003 CITY COUNCIL AGENDA REPORT TO: VIA: Honorable Mayor and Members gf the City Council Linda C. Lowry, City Manage TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR OPPOSING AB 1690 (LEND): PUBLIC SAFETY FINANCE AGENCIES RECOMMENDATION: It is recommended that the City Council adopt the Resolution. FISCAL IMPACT: The fiscal impact is undeterminable. BACKGROUND / DISCUSSION: AB 1690 is sponsored by the California Firefighters Association. This bill would authorize a county, city or county and city that forms a public safety finance agency to levy a local general income tax and shift a specified portion of annual property tax allocation income to the public safety finance agency. For cities the limit on the tax would be 8% of the of an individual's state income tax liability. The tax would be paid to the Franchise Tax Board with annual state income taxes. The money would be transmitted back to the city after processing fees and other expenses are taken out. The tax would be a discretionary source of funding. Thus, it can not be considered a "special tax" or "special assessment" Therefore, the tax would be subject to a simple majority - not two thirds - of the voters. AB 1690 would ALSO require the county auditor to transfer a portion of the city's annual property tax revenue to the public safety finance agency in an amount equal to 50% of the estimated local income tax revenues to be collected with in the first 12 months. The bill would mandate expenditure requiring the governing board of the public safety finance agency allocate the property tax revenues it receives as follows: 40% of the funds shall be dedicated to fire protection; 40% shall be dedicated to police and sheriff services; 20% shall be allocated as specified in a written agreement between the chief fire official and sheriff or police chief. AB 1690 would make the formation of a public safety finance agency purely optional. However, if it were used, it would tie the hands of city government regarding local spending and budget decisions with a state mandate. It would lock in annual funding levels for fire and police or sheriff services. This is also another way for the state to keep other revenue from local governments and has been hastily written in the wake of the state budget crisis. Prepared by: JinY larke, Legislative Analyst Attachments • The Sacramento Bee -- sacbee.com Bill would allow local income tax ';'— Assemblyman Jay La Suer, R -La Mesa. "Just because you don't use a gun, you use the law, doesn't mean you're not a thief." Assemblyman Mark Leno, the San Francisco Democrat who proposed AB 1690, said the legislation simply extends the notion of local control. The bill would authorize, but not require, cities and counties to consider imposing such a tax to supplement public safety services. SELL I' —'C—UR—ELF {_I' ^^--Cjj AR.+C--M SHOW YOUR VEHICLE TO H LOCHL flHD NATIONAL flUDIENCE ONLINE WITH H PHOTO FOR ONLY $35 L;t.!',t:3.; !!a lie' ECllc CP3" CII@t.5! -Enjoy unlimited free renewals until your u—icle It,soJd„- -Ciet local and notional exposure to millions, cors—pgrfxtisitprs„ -Quick & easy - qet your ad online in minutes uHth 5 sirr—pW stgps}, -Your ad package includes a free photo, printabl„— fliers & bill o! sale. -Protect your privacy by deciding how people may eontactl—ou. Click here to view sample ad ___0_ Voter approval would be required, but local governments could set the threshold at a simple majority or a supermajority, Leno said. "It's just a tool to use when necessary,” he said of the tax. Cities and counties would have flexibility in structuring the tax: They could make it temporary, for example, or mandate that it apply only when revenues drop to a certain level, Leno said. The bill is co -written by John Burton, president pro tem of the Senate, which now must consider the landmark legislation. No precise estimate of potential proceeds is available. Statewide, $3.4 billion could be raised if every city and county imposed the maximum tax, officials said. Page 2 of 4 DATA_ENTRYJ CLAIM$_,_.. IRCURITK-F $7ZQ74-I.jJ-1 Guar ENVIRONME PROFESSION EIP ... Remummant NOW HIRINI CONSTRUM exp jldin SOCALMOR (LUW-METio MARKETING e pref'd. Outgoi DINTALREEB Eor busy -mutt COSMETOLOC INSTRUCTOR hi-ghly-,,. DENTIST Mail for review to . Sales -Outside S00 Co. Comr California would join at least 12 other states -- including New York and CONSTRUCTIc Pennsylvania -- that offer some form of local income tax option. C ... arpentel_Fo AB 1690 is a direct response to shaky financial times that directly affect city and county budgets, Leno said. Critics claim AB 1690 violates the spirit of Proposition 13, which requires that taxes for a specific purpose, such as public safety, must be approved by a supermajority of affected voters. MANAGIMEN! Sacr-ament-o-s Water TILE INSTALL Journeyman t installers .,, "This is going around the voters," said Assembly Republican leader Dave Cox of con--ru_—ton Fair Oaks. "This is an attempt to lower the threshold." Ma..n..a—erJ .... Under AB 1690, local income taxes would represent a percentage of a wage earner's state income tax liability. Cities could impose a tax of up to 8 percent, and counties up to 2 percent, of the amount an individual owes in state income taxes. View.Alj-.T!PP http://www.sacbee.com/content/pot itics/story/6800457p-7750889c. htm 16/9/03 The Sacramento Bee -- sacbee.com -- Bill would allow local income tax Page 3 of 4 If local governments adopted the maximum possible tax, Californians earning less than $100,000 per year would pay about $70 annually, Leno said. The bill is the brainchild of California Professional Firefighters, and it requires that public safety services be enhanced in any city or county imposing such a tax. The formula for doing so, however, is roundabout and apparently designed to avoid requiring a supermajority vote, critics say. Here's how AB 1690 would work: Californians would pay their local income tax to the Franchise Tax Board, just as they currently do with state taxes. The local revenue would then be transferred to the appropriate cities and counties as discretionary funds -- but with a catch. For every dollar gained from the local income tax, cities and counties must transfer 50 cents in other funds to supplement public safety programs. Public safety finance agencies would be formed in participating jurisdictions to serve as a conduit for the transfer. Impacts on local government would be the same as merely designating 50 percent of the income tax proceeds to public safety. But the distinction may have important legal ramifications. By not channeling the new proceeds directly into public safety, the income tax may avoid being deemed a "special tax" subject to a two-thirds vote. "It's a shell game and a fairly blatant violation of Proposition 13," said Jon Coupal, president of the Howard Jarvis Taxpayers Association. Allowing local governments to impose income taxes would be "extraordinarily stupid" -- in part because high -wage earners could simply leave town, Coupal said. Leno dismissed such claims. "Would someone pick up and move out of San Francisco to save $70? Unimaginable," he said. Enhancing public services through an income tax could make cities and counties even more attractive, Leno said. The League of California Cities has not yet taken a position on AB 1690, said Dwight Stenbakken, the group's legislative director. One concern is that the legislation locks local governments into increasing public safety funding by a specific formula, he said. Carroll Wills, a spokesman for California Professional Firefighters, which http://www.sacbee.com/content/politics/story/6800457p-7750889c. htm 16/9/03 The Sacramento Bee -- sacbee.com -- Bill would allow local income tax sponsored AB 1690, said the measure "puts local taxing authority back where it belongs -- in the hands of voters." The organization represents 30,000 firefighters statewide and is a key player in fighting efforts to recall Gov. Gray Davis. Davis has taken no position on AB 1690, and typically does not take a position on a bill until both houses of the Legislature have voted, spokesman Russ Lopez said. About the Writer The Bee's Jim Sanders can be reached at (916) 326-5538 or jsanders(—Dsacbee.com. ThC-3t—t"---t7bd+— -Get the whole story every day -SUBSCRIBE NOW! Contact Us/Feedback I Privacy Policy I Terms of Use News I Sports I Businiessl BAM I OWnkn I Entertainme t I UfQayle I Travel I Women CAN I OwmAnd I H wns 1115 1 Aelow P a a e s Page 4 of 4 Helo I Newsletters I Site Mao I Subscribe to the Print Edition i Traffic I Weather i Wireless Delivery About Us I Advertise in The Bee I Advertise Online I Contact Circulation Customer Service I Events [ Sacramento Bee Web sites ] Sacbee.com I SacTicket.com I Sacramento.com Copyright ©The Sacramento Bee / ver. 4 http://www.sacbee.com/content/politics/story/6800457p-7750889c. htm 16/9/03 —Ais - I— }URA IEWS ^ top taY bill --m its tracks EMOCRATIC lawmakers in Sacramento want to give California's city and county governments a gift worth as much as $3.4 billion. And you'll be the one paying for it The gift Domes in the form of AB 1690, which passed through the Assembly and now awaits Senate approval. If signed into law, the legislation would allow local governments to start taxing income, a power now reserved for Washington and Sacramento. That smacking noise you hear is the sound of city and county leaders licking their chops. In a convoluted attempt to skirt Proposition 13 protections, AB 1690, co-authored by Assembly members Ron Calderon, D-Monetebello and Ed Let Sacra- mento know loud and clear: We do not Want t0 make up for budget Woes With a local income —tax;wedo not want a law that makes it easier for such Chavez, D -Industry, would let local governments decide for themselves whether imposing an income tax would require a two- thirds super -majority or a sim- ple majority of the affected elec- torate. Gee, does anyone care to guess which threshold.local gov- ernments would choose for themselves? For too many elected officials the power to tax income would be a temptation hard to resist in order to infuse more taxpayer cash into budgets picked clean by Sacramento. Mustering a mere 50 percent of the vote in municipal elec- tions, where turnout is minus- cule, couldn't be any easier. All they need to do is put together a high-priced campaign, haPPdY funded by any number of special interests eager to get their share of the take. With income -taxing power in the hands of the very same peo- yple who made the decision to allow public employees to retire a tax wouldn't stand a chance. AB 1690's coup de grace is a provision requiring local governments to spend only 50 percent of their—income-tax proceeds on public safety. That way; cities and counties can sell the tax hike as a critical need, while at the same time keeping half the money to spend any way they want, say, on public employee salaries or sweetheart deals for city contractors. Sponsoring the legislation is California Professional Firefighters, which, no doubt, sees local income taxes as a way to get more money into its members' hands. But why should cities and counties need more tax money to pay for such basic services as firefighting? Isn't that what prop- erty and sales taxes are for? The story of most local governments is that as bureaucratic costs go up, services go down, mak- ing city and county leaders ever desperate for more cash -the fact that only one city that we know of (Duarte) has retired its utility tax is sure proof of that. Compounding the problem is the constant fear that Sacramento might at any time cut back local funding - a fear that would be made all the more real if municipal governments could tax income. It's no secret that legislators look fast to local funding when it comes to reducing spending to balance the state budget, forcing the county and cities to seek out cash by other means -such as the local income tax That's the evil genius of AB 1690. The legislation would allow state and local gov- ernments alike to continue spending inefficiently, subsidizing their waste by socking it to the taxpay- ers once again. This is one bill that should never become law. RESOLUTION NO. 2003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR TO OPPOSE AB 1690 (LEND): PUBLIC SAFETY FINANCE AGENCIES WHEREAS, Assembly Bill 1690 would authorize cities and counties which form a public safety finance agency to levy a local general income tax if the tax is approved by a majority of the voters, and WHEREAS, AB 1690 requires the county auditor to transmit property tax revenue in an amount equal to 50 percent of the local tax revenue to the public safety finance agency, and WHEREAS, AB 1690 mandates that the property tax revenue shifted to the public safety finance agency must be spent on fire protection and police and sheriff services, and WHEREAS, AB 1690 could impose new revenue allocation duties upon local officials and a state-mandated local program, and WHEREAS, AB 1690 could result in an unfair burden on tax payers and local governments in the wake of the state budget crisis, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar OPPOSES Assembly Bill 1690 (Leno): Public Safety Finance Agencies and directs 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 AB 1690 (Leno) and urges all state elected officials to oppose AB 1690. SECTION 3. That the Diamond Bar City staff fax a copy of the above Resolution to Gonzalves & Son in order to be officially recorded with the Senate Committee on Revenue and Taxation (the bills current status) as being opposed to AB 1690. PASSED, APPROVED AND ADOPTED this 1 st day of July, 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 duly and regularly passed and adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held on the 1st day of July, 2003, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: Linda C. Lowry, City Clerk CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager Agenda # 6.7 Meeting Date: July 1, 2003 AGENDA REPORT TITLE: Exoneration of Cash Deposit in Lieu of Grading Bond in the amount of $1,800.00 for Lot No. 50 of Tract No. 23483 (2249 Indian Creek Road, The Country). RECOMMENDATION: Exonerate the Cash Deposit. FISCAL IMPACT: This action has no fiscal impact on the City. BACKGROUND/DISCUSSION: The Public Works Division has received a request for grading bond exoneration for Lot No. 50 of Tract No. 23483 (2249 Indian Creek Road, The Country). A grading bond for improvement security was required to be posted with the City in accordance with the Subdivision Map Act. The owner posted a cash deposit in lieu of grading bond. The Public Works Division has confirmed that all grading work has been completed in conformance to the grading plan. PREPARED BY: John L. Ilasin, Assistant Engineer Date Prepared: June 25, 2003 REVIEWED BY: David G. Liu Ja es DeStc fano OI Director of Public Works Deputy City anager Attachment: Letter of Request, dated June 23, 2003 • Julius C. Kpaduwa, M.D., F.A.C.O.G. DIPLOWATE AWMRICAN BOARD OF OBSTETRICS & GYNECOLOGY 16008 AMAR ROAD CITY OF INDUSTRY, CA 91744 PH: (626) 330-9535 FAX: (626) 330-2661 Yom; �ti� �v G� 10408 ACCO STREET EL MONTE, CA 91733 PH: (626) 454-2651 FAX: (626) 350-5062 3 [L-3 w Agenda # 6.7 Meeting Date: July 1, 2003 TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Exoneration of Cash Deposit in Lieu of Grading Bond in the amount of $1,800.00 for Lot No. 50 of Tract No. 23483 (2249 Indian Creek Road, The Country). RECOMMENDATION: Exonerate the Cash Deposit. FISCAL IMPACT: This action has no fiscal impact on the City. BACKGROUND/DISCUSSION: The Public Works Division has received a request for grading bond exoneration for Lot No. 50 of Tract No. 23483 (2249 Indian Creek Road, The Country). A grading bond for improvement security was required to be posted with the City in accordance with the Subdivision Map Act. The owner posted a cash deposit in lieu of grading bond. The Public Works Division has confirmed that all grading work has been completed in conformance to the grading plan. PREPARED BY: John L. Ilasin, Assistant Engineer REVIEWED BY: Date Prepared: June 25, 2003 David G. Liu Ja es DeSt fano Director of Public Works Deputy City Manager Attachment: Letter of Request, dated June 23, 2003 !—i Julius C. Kpaduwa, M.D., F.A.C.O.G. DIPLOMATS AMERICAN BOARD OF OBSTETRICS 8c (—YNECOLO(IY t— v c—, ~, 16008 AMAR ROAD 10408—A000 STR.LET CITY OF INDUSTRY, CA 91744 EL MONTE, CA 91733 PH: (626) 330-9535 PH: (626) 454-2651 FAX: (626) 330-2661 FAX: (626) 350-5062 —'a 31°— w'I"r'— 'rte w� c— CITY COUNCIL Agenda # 6 _ R Meeting Date: 07.01.03 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manage TITLE: APPROPRIATE $5,653 IN THE FY 2003/04 BUDGET: $1,253 FOR LANDSCAPE MATERIALS FOR THE STEVE TAMAYA MEMORIAL PROJECT AT SYCAMORE CANYON PARK; AND $4,400 FOR FUNDING OF A PORTION OF A RECREATION SUPERVISOR II POSITION. RECOMMENDATION: Approve the Appropriation FINANCIAL IMPACT: If the appropriation of $5,653 is approved by the City Council, the funds will come from General Fund Reserves and appropriated into the 2003/04 FY Budget. BACKGROUND/DISCUSSION: The City Council approved two items at the June 17 meeting that have not been correctly reflected in the budget document. 1. City Council approved the appropriation of $2,207.23 from the Steven M. Tamaya Memorial Fund to the 2002/03 FY Budget. However, only $954.23 will be spent during the 2002/03 FY, with the remaining $1,253 expected to be spent during the 2003/04 FY and therefore requires this appropriation. 2. The City Council approved the replacement of one Recreation Supervisor position with a Recreation Supervisor II position to operate the new Community/Senior Center. Staff had previously reported to the City Council that this change would take place on July 1, 2003 so that the person in the new position can start preparing for the opening of the facility (completion of policies and procedures, purchasing equipment and supplies, hiring staff and recommending service providers). Inadvertently, staff did not include the funding for the Recreation Supervisor II position beginning July 1, 2003 in the 2003/04 FY budget. The funding was not set to start until March 1, 2004. To correct staff's error, $4,400 needs to be added to the 2003/04 FY budget to fund the Recreation Supervisor II position beginning July 1, 2003. The total appropriation needed to resolve these two items is $5,653. &Cge Community Services Director Agenda # 6 _ a Meeting Date: 07.01.03 CITY COUNCIL AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manage f/ 1 , TITLE: APPROPRIATE $5,653 IN THE FY 2003/04 BUDGET: $1,253 FOR LANDSCAPE MATERIALS FOR THE STEVE TAMAYA MEMORIAL PROJECT AT SYCAMORE CANYON PARK; AND $4,400 FOR FUNDING OF A PORTION OF A RECREATION SUPERVISOR II POSITION. RECOMMENDATION: Approve the Appropriation FINANCIAL IMPACT: If the appropriation of $5,653 is approved by the City Council, the funds will come from General Fund Reserves and appropriated into the 2003/04 FY Budget. BACKGROUND/DISCUSSION: The City Council approved two items at the June 17 meeting that have not been correctly reflected in the budget document. 1. City Council approved the appropriation of $2,207.23 from the Steven M. Tamaya Memorial Fund to the 2002/03 FY Budget. However, only $954.23 will be spent during the 2002/03 FY, with the remaining $1,253 expected to be spent during the 2003/04 FY and therefore requires this appropriation. 2. The City Council approved the replacement of one Recreation Supervisor position with a Recreation Supervisor II position to operate the new Community/Senior Center. Staff had previously reported to the City Council that this change would take place on July 1, 2003 so that the person in the new position can start preparing for the opening of the facility (completion of policies and procedures, purchasing equipment and supplies, hiring staff and recommending service providers). Inadvertently, staff did not include the funding for the Recreation Supervisor II position beginning July 1, 2003 in the 2003/04 FY budget. The funding was not set to start until March 1, 2004. To correct staff's error, $4,400 needs to be added to the 2003/04 FY budget to fund the Recreation Supervisor II position beginning July 1, 2003. The total appropriation needed to resolve these two items is $5,653. Community Services Director Agenda #: 8-1 Meeting Date: July 1, 2003 CITY COUNCIL AGENDA REPORT r9gs TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manage 4(" TITLE: Resolution No. 2003 -XX, amending the Personnel Rules and Regulations to include a provision that allows for acting pay and sets forth guidelines for employee submittal of home and emergency contact information. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 2003 -XX, setting forth Personnel Rules and Regulations (Rules Resolution- Attachment A) and rescinding Resolution No. 2003-42. FINANCIAL IMPACT: There are no financial implications associated with the recommended changes to the Rules Resolution. However, it should be noted that additional compensation would be provided to employees in acting positions as authorized by the City Manager. The costs associated with acting pay can be absorbed in the FY 03-04 Municipal budget - no additional appropriation required. A description of each personnel change is further described in the background/discussion section of this report. BACKGROUND/DISCUSSION: The Rules Resolution is being amended to include a provision that allows for acting pay (Section 3E) and sets forth guidelines for employee submittal of home and emergency contact information (Section 7). Summary of Changes in the Rules Resolution Advancement within the Salary Schedule (Rules Section 3E) Periodically due to vacancies or extended leaves of absence an employee may perform service in a class with a higher salary than that of the class in which the employee is normally assigned. Currently there is no provision to compensate an employee acting in that capacity. Section 3E allows the City Manager to authorize acting pay only for appointments with duration greater than 21 consecutive calendar days. Any acting position as authorized by the City Manager would be compensated at "Step A" of the higher range or the step within the higher salary range, which would provide a minimum of 5% higher than the employee receives. Compensation for acting appointments would be provided retroactive to the effective date of appointment until completion of the appointment. Staff Report: Rules Resolution Page 2 Submittal of Employee Home and Emergency Contact Information (Rules Section 9) Currently, upon hire, employees provide the Human Resources Division with home and emergency contact information, For emergency as well as payroll purposes it is important that employees notify the Human Resources Division of any changes to that information. The additional language is administrative in nature formalizing the requirement to provide employee home and emergency contact information upon hire and in the event of any such changes. The recommended changes have been incorporated in the Rules Resolution and are noted in highlighted text. The Rules Resolution becomes effective upon adoption. PREPARED BY. Teresa Arevalo, Senior Management Analyst REVIEWED BY: David Doyle Deputy City Manager Attachments: Attachment A: Rules Resolution amending Resolution No. 2003-42 Attachment A: Rules Resolution RESOLUTION NO. 2003 - 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. 2003-42 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 fiscal year 2. Intermittent Part-time — an intermittent position is a position that is utilized an average of 19 % hours or less per week and no more than 1000 hours per fiscal 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. 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. Resolution 2003 -XX 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 Resolution 2003 -XX Page 2 (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. 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 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. Resolution 2003 -XX Page 3 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. 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. Resolution 2003 -XX Page 4 SECTION 10. 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. SECTION 11. PAY PERIODS The compensation due to all officers and employees of the City shall be paid on a bi-weekly basis. SECTION 12. 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 13. 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. Resolution 2003 -XX Page 5 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. SECTION 14. 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 80 hours 120 hours 160 hours ACCRUAL 3.08 hours per pay period 4.62 hours per pay period 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. Resolution 2003 -XX Page 6 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. SECTION 15. 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. Resolution 2003 -XX Page 7 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). SECTION 16. 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. Resolution 2003 -XX Page 8 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. SECTION 17. 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 18. 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 19. 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 20. 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 Resolution 2003 -XX Page 9 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. SECTION 21. 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 22. 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 23. 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 24. 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 Page 10 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 25. 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 26. 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 27. 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 28. 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. 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. Resolution 2003 -XX Page 11 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 29. 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 30. 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. 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. Resolution 2003 -XX Page 12 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 31. 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 32. 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 33. 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 34. 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. SECTION 35. 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 36. 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 Resolution 2003 -XX Page 13 worked. For these employees and their dependents, continued coverage is available for the time period set forth by law, at their expense. SECTION 37. 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 38. 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 39. 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 40. Resolution No. 2003-42 is hereby repealed in its entirety. PASSED, ADOPTED AND APPROVED THIS 1st day of July , 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 1St day of July , 2003, by the following vote: Resolution 2003 -XX Page 14 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 Page 15 Agenda #:8-1 Meeting Date: July 1, 2003 TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manage TITLE: Resolution No. 2003 -XX, amending the Personnel Rules and Regulations to include a provision that allows for acting pay and sets forth guidelines for employee submittal of home and emergency contact information. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 2003 -XX, setting forth Personnel Rules and Regulations (Rules Resolution- Attachment A) and rescinding Resolution No. 2003-42. FINANCIAL IMPACT: There are no financial implications associated with the recommended changes to the Rules Resolution. However, it should be noted that additional compensation would be provided to employees in acting positions as authorized by the City Manager. The costs associated with acting pay can be absorbed in the FY 03-04 Municipal budget - no additional appropriation required. A description of each personnel change is further described in the background/discussion section of this report. BACKGROUND/DISCUSSION: The Rules Resolution is being amended to include a provision that allows for acting pay (Section 3E) and sets forth guidelines for employee submittal of home and emergency contact information (Section 7). Summary of Changes in the Rules Resolution Advancement within the Salary Schedule (Rules Section 3E) Periodically due to vacancies or extended leaves of absence an employee may perform service in a class with a higher salary than that of the class in which the employee is normally assigned. Currently there is no provision to compensate an employee acting in that capacity. Section 3E allows the City Manager to authorize acting pay only for appointments with duration greater than 21 consecutive calendar days. Any acting position as authorized by the City Manager would be compensated at "Step A" of the higher range or the step within the higher salary range, which would provide a minimum of 5% higher than the employee receives. Compensation for acting appointments would be provided retroactive to the effective date of appointment until completion of the appointment. Staff Report: Rules Resolution Page 2 Submittal of Employee Home and Emergency Contact Information (Rules Section 9) Currently, upon hire, employees provide the Human Resources Division with home and emergency contact information. For emergency as well as payroll purposes it is important that employees notify the Human Resources Division of any changes to that information. The additional language is administrative in nature formalizing the requirement to provide employee home and emergency contact information upon hire and in the event of any such changes. The recommended changes have been incorporated in the Rules Resolution and are noted in highlighted text. The Rules Resolution becomes effective upon adoption. PREPARED BY. Teresa Arevalo, Senior Management Analyst REVIEWED BY: David Doyle Deputy City Manager Attachments: Attachment A: Rules Resolution amending Resolution No. 2003-42 Attachment A: Rules Resolution RESOLUTION NO. 2003 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. 2003-42 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 V2 hours or less per week and no more than 1000 hours per fiscal 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. 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. Resolution 2003 -XX 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 maybe 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 aone-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 aone-year probation period. At the end of six months, the employee will be given a performance evaluation. In order to receive a step increase, apart -time employee must complete one year of service and worked a minimum of 500 hours. C. An employee that has received aone-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. emnlovee;-who is—'annointedao":arl acting ncisition-that.i— in a—hiuhPr salary range than thar nft},a —lac— in'Whkh —li—ll -grjheAcpng;;appq-4tmgpt—., u —ppqin"t-- OalPbe"made in writing byte Qity'Managg *ith a.copy;--. t—q' asources r—ivisron: 4 — P.,s „T.c—ep—a—a.rX -p —j :6gpp p hghe> Fj,ffi'anhe;p—oyee 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 Resolution 2003 -XX Page 2 (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. 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 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. Resolution 2003-XX Page 3 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. 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. Resolution 2003 -XX Page 4 AMER EKY -,,,,.CONTAC Al providxn, Divis—c- thxee inforruii Resaur the Cit SECTION 10. 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. SECTION 11. PAY PERIODS The compensation due to all officers and employees of the City shall be paid on a bi-weekly basis. SECTION 12. 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 13. 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. Resolution 2003 -XX Page 5 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. SECTION 14. 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 ANIVUALVACATION 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. Resolution 2003 -XX Page 6 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. SECTION 15. 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. Resolution 2003 -XX Page 7 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). SECTION 16. 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. Resolution 2003 -XX Page 8 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. SECTION 17. 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 18. 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 19. 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 20. 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 Resolution 2003 -XX Page 9 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. SECTION 21. 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 22. 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 23. 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 24. 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 Page 10 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 25. 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 26. 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 27. 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 28. 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. 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. Resolution 2003 -XX Page 11 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 29. 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 30. 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. 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. Resolution 2003 -XX Page 12 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 31. 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 32. 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 33. 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 34. 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. SECTION 35. 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 36. 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 Resolution 2003 -XX Page 13 worked. For these employees and their dependents, continued coverage is available for the time period set forth by law, at their expense. SECTION 37. 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 38. 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 39. 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 40. Resolution No. 2003-42 is hereby repealed in its entirety. PASSED, ADOPTED AND APPROVED THIS 1St day of July , 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 1St day of July , 2003, by the following vote: Resolution 2003 -XX Page 14 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 Page 15 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manaef �n Agenda # g , 2 Meeting Date: July 1, 2003 AGENDA REPORT TITLE: Approval of Contract Between the Diamond Bar Chamber of Commerce and the City of Diamond Bar for FY 2003-2004 in the Amount of $36,000. Recommendation: Approve the agreement. Background: The Chamber of Commerce provides a valuable service to the business community and the City. The Chamber of Commerce represents the interests of local business, promotes local business, provides networking and business to business opportunities, answers inquiries from the public, distributes City -related information to both residents and business community members, and assists in the promotion of the City of Diamond Bar at various community events. Over the past years the City has supported the Chamber with an annual allocation of resources. The Chamber has requested a new contract for FY 2003-2004 in the amount of $36,000.00 to maintain its efforts. The contract provides for monthly payments of $2,000.00 ($24,000.00) for general support functions. The Chamber has provided a Scope of Work, attached as Exhibit "A" that outlines the services to be provided. In addition, it is proposed that the City support the Chamber of Commerce's publication, The View, through an annual advertising budget of $12,000.00. The placement of the advertisements will be scheduled at the discretion of the City. The City Council has set aside sufficient resources within the FY 2003-2004 Budget for the proposed contract. The City Council Subcommittee has met with the Chamber to review its proposal. The attached communication, dated June 24, 2003 represents the Chamber response to the Subcommittee and is the most current proposal from the Chamber. Prered By- Ja es DeSte ano Deputy City anager Attachment: Consulting Services Agreement CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of July 01, 2003, by and between the City of Diamond Bar, a municipal corporation ("City") and the Diamond Bar Chamber of Commerce, ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A." B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A." B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "A. 2. Term of Agreement. This Contract shall take effect July 1, 2003, and shall continue until June 30, 2004, unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the duties set forth in Exhibit "A." Payment will be made only after submission of proper monthly invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed THIRTY SIX THOUSAND DOLLARS ($36,000) for fiscal year July 1, 2003, through June 30, 2004. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. Page 1 of 8 5. Addresses. City: City Manager City of Diamond Bar 21825 East Copley Drive Diamond Bar, California 91765 6. Status as Independent Consultant. Consultant: Executive Director Diamond Bar Chamber of Commerce 21845 East Copley Drive, Suite 1170 Diamond Bar, California 91765 A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement in the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain, the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnity and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or the City Manager's designee. 8. Indemnification. Consultant is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform those services and duties. To the fullest extent permitted by law. Consultant hereby agrees, at its sole cost and expense, Page 2 of 8 to defend, protect, indemnify and hold harmless the City of Diamond Bar and Its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants. attorneys, or other professionals and all costs associated therewith, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Consultant or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by indemnitees and shall operate to fully indemnify indemnitees against any such negligence. 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. Payment is not required as a condition precedent to an indemnitee's right to recover under this indemnity provision, and an entry of judgment against an indemnitee shall be conclusive in favor of the indemnitee's right to recover under this indemnity provision. Consultant shall pay indemnitees for any attorney's fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code Sections 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code Section 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under the Agreement or any additional insured endorsements which may extend to indemnitees. Consultant, 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 out of or incident to activities or operations performed by or on behalf of the Consultant regardless of any prior, concurrent, or subsequent active or passive negligence by the indemnitees. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business In California and approved by the City (1) a policy or policies of broad -form comprehensive general liability Insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and Page 3 of 8 independent contractors in performance of services under this Agreement; (2) property damage Insurance with a minimum limit of $500,000.00; (3) automotive liability Insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less thin $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy(ies) as to comprehensive general liability, property damage, automobile liability, and professional liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. Consultant agrees that if it does not keep the insurance in fill' force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant and the cost of such insurance may be deducted, at the option of City, from payments due Consultant. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional insured Endorsement". 10. Confidentiality. Consultant in the course of Its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City -provided data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Page 4 of 8 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the joint property of City and Consultant without restriction or limitation upon its use or dissemination by City or Consultant. 12. Conflict of Interest A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendors of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. City may terminate this Agreement with or without cause upon sixty (60) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified upon the sixtieth (60th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Financial Condition Prior To Entering Into This Agreement. Consultant has submitted documentation acceptable to the City Manager, establishing that it is financially solvent, such that it can reasonably be expected to perform the services required by this Agreement. Within thirty (30) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement, Consultant shall submit such financial information as may Page 5 of 8 be appropriate to establish to the satisfaction of the City Manager that Consultant is in at least as sound a financial position as was the case prior to entering into this Agreement. Financial information submitted to the City Manager shall be returned to Consultant after review and shall not be retained by City. 16. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation in the performance of its services and duties pursuant to this Agreement and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall Include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. B. Consultant will in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 17. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultants obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 18. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found City may direct Consultant to correct the inadequacies or, in the alternative, may terminate this Agreement as provided herein. 19. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. Page 6 of 8 20. Non -Waiver of Terms. Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 21. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 22. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 23. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 24. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 25. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived except in writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. Page 7 of 8 26. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference. IN WITNESS WHEREOF the parties have executed this Agreement as of the date first written above. "City" ATTEST: CITY OF DIAMOND BAR By: City Clerk Approved as to form: By: City Attorney A Mayor "CONSULTANT By: Its: Page 8 of 8 EXHIBIT "A" Administrative Support $2,000 per month $24,000 Annual Activities that benefit the residents of Diamond Bar are provided entirely by the Diamond Bar Chamber of Commerce or in concert with the City or other organizations. o Business Showcase, Casino Night and participation in planning of the City Birthday Celebration American Spirit Day Li Farmers' Market o Candidates Forum Activities that are directed at the business community of Diamond Bar. Li Business Showcase L3 Business Visitation Program o Grand Openings and Networking Mixers • Ambassador Corps. • Golf Outings Lj New Member Reception o Referral Service o Networking Breakfasts o CEO Roundtable Activities that enhance the image of the City of Diamond Bar. v Acting as a point of contact for visitors and residents requesting information Li Distribution of a visitor's map of Diamond Bar through our hotels o City Map v Chamber web site VIEW advertising $1,000 per month $12,000 annual Provides for a "City Page" as the back page of the VIEW newspaper each month. The back page is a full color, 11 x17 inch page. The regular price for this premium page is $1200 per issue. The VIEW is distributed by hand to residential addresses in Diamond Bar, approximately 14,000. The VIEW is also available at the library and several business locations throughout Diamond Bar. D I A M O N D tB A R CHAMBER OF COMMERCE Linda Lowry, City Manager City of Diamond Bar 21825 Copley Dr. Diamond Bar, CA 91765 June 24, 2003 Dear Linda, J— The Diamond Bar Chamber of Commerce has enjoyed a long running contract with the City of Diamond Bar. We wish to continue that contract for the betterment of both the City and the Chamber. The contract consists of two parts. The smaller amount ($12,000) is for advertising in the VIEW newspaper published by the Chamber. This contract provides for the City to be on the back page of every issue. This full color page normally sells for $1200 per issue. We appreciate the quality and timeliness of the City staffs product to us. The larger amount of the contract ($24,000) is for support functions to enhance the image of the City of Diamond Bar. This includes answering information requests from the public by telephone, fax, e-mail and in-person requests. We work with the City to visit businesses to identify their needs and show the support for local business by the City and the Chamber. The Chamber implemented the successful Farmers' Market in Diamond Bar, while not directly funded by the City it reflects well on the City and pleases our residents. The Chamber plans to again hold the Candidates' Forum to help the residents understand the positions of candidates and make an informed decision on election day. We are also a member of organizations that provide information on activities that may affect the City of Diamond Bar or represent the needs of Diamond Bar, such as the California Chamber of Commerce. We are asking that this request for a continuation of our current contract with the new Exhibit "A" be forwarded to the City Council for their consideration. 4WRLbest regards, Jeff Koontz Executive Director Attachment: Exhibit "A" Diamond Bar Chamber of Commerce 21845 E. Copley Drive, Suite 1170, Diamond Bar, CA 91765 909-860-1904 • FAX 909-860-6064 info@diamondbarchamber.com • www.diamondbarchamber.com Agenda # 8.2 Meeting Date: July 1, 2003 CITY COUNCIL AGENDA REPORT P TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Mana TITLE: Approval of Contract Between the Diamond Bar Chamber of Commerce and the City of Diamond Bar for FY 2003-2004 in the Amount of $36,000. Recommendation: Approve the agreement. Background: The Chamber of Commerce provides a valuable service to the business community and the City. The Chamber of Commerce represents the interests of local business, promotes local business, provides networking and business to business opportunities, answers inquiries from the public, distributes City -related information to both residents and business community members, and assists in the promotion of the City of Diamond Bar at various community events. Over the past years the City has supported the Chamber with an annual allocation of resources. The Chamber has requested a new contract for FY 2003-2004 in the amount of $36,000.00 to maintain its efforts. The contract provides for monthly payments of $2,000.00 ($24,000.00) for general support functions. The Chamber has provided a Scope of Work, attached as Exhibit "A" that outlines the services to be provided. In addition, it is proposed that the City support the Chamber of Commerce's publication, The View, through an annual advertising budget of $12,000.00. The placement of the advertisements will be scheduled at the discretion of the City. The City Council has set aside sufficient resources within the FY 2003-2004 Budget for the proposed contract. The City Council Subcommittee has met with the Chamber to review its proposal. The attached communication, dated June 24, 2003 represents the Chamber response to the Subcommittee and is the most current proposal from the Chamber. Ja'n(es DeSte4ano Deputy City Manager Attachment: Consulting Services Agreement CONSULTING SERVICES AGREEMENT THIS AGREEMENT is made as of July 01, 2003, by and between the City of Diamond Bar, a municipal corporation ("City") and the Diamond Bar Chamber of Commerce, ("Consultant"). RECITALS A. City desires to utilize the services of Consultant as an independent contractor to provide consulting services to City as set forth in Exhibit "A." B. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows: 1. Consultant's Services. A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A." B. Level of Services/Time of Performance. The level of and time of the specific services to be performed by Consultant are as set forth in Exhibit "A. 2. Term of Agreement. This Contract shall take effect July 1, 2003, and shall continue until June 30, 2004, unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the duties set forth in Exhibit "A." Payment will be made only after submission of proper monthly invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed THIRTY SIX THOUSAND DOLLARS ($36,000) for fiscal year July 1, 2003, through June 30, 2004. 4. General Terms and Conditions. In the event of any inconsistency between the provisions of this Agreement and Consultant's proposal, the provisions of this Agreement shall control. Page 1 of 8 5. Addresses. City: Consultant: City Manager Executive Director City of Diamond Bar Diamond Bar Chamber of Commerce 21825 East Copley Drive 21845 East Copley Drive, Suite 1170 Diamond Bar, California 91765 Diamond Bar, California 91765 6. Status as Independent Consultant. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement in the event that City is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain, the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant's employees. Consultant further agrees to indemnity and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this Section 6. 7. Standard of Performance. Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or the City Manager's designee. 8. Indemnification. Consultant is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform those services and duties. To the fullest extent permitted by law. Consultant hereby agrees, at its sole cost and expense, Page 2 of 8 to defend, protect, indemnify and hold harmless the City of Diamond Bar and Its elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively "Indemnitees") from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants. attorneys, or other professionals and all costs associated therewith, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Consultant or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to this Agreement or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by indemnitees and shall operate to fully indemnify indemnitees against any such negligence. 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. Payment is not required as a condition precedent to an indemnitee's right to recover under this indemnity provision, and an entry of judgment against an indemnitee shall be conclusive in favor of the indemnitee's right to recover under this indemnity provision. Consultant shall pay indemnitees for any attorney's fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code Sections 2782(a) or (b) the contracting public agency's active negligence to the limited extent that the underlying Agreement is subject to Civil Code Section 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under the Agreement or any additional insured endorsements which may extend to indemnitees. Consultant, 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 out of or incident to activities or operations performed by or on behalf of the Consultant regardless of any prior, concurrent, or subsequent active or passive negligence by the indemnitees. In the event there is more than one person or entity named in the Agreement as a Consultant, then all obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several. 9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company admitted to do business In California and approved by the City (1) a policy or policies of broad -form comprehensive general liability Insurance with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and Page 3 of 8 independent contractors in performance of services under this Agreement; (2) property damage Insurance with a minimum limit of $500,000.00; (3) automotive liability Insurance, with minimum combined single limits coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less thin $1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy(ies) as to comprehensive general liability, property damage, automobile liability, and professional liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage. B. Consultant agrees that if it does not keep the insurance in fill' force and effect, and such insurance is available at a reasonable cost, City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant and the cost of such insurance may be deducted, at the option of City, from payments due Consultant. C. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional insured Endorsement". 10. Confidentiality. Consultant in the course of Its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City -provided data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Page 4 of 8 11. Ownership of Materials. All materials provided by Consultant in the performance of this Agreement shall be and remain the joint property of City and Consultant without restriction or limitation upon its use or dissemination by City or Consultant. 12. Conflict of Interest A. Consultant covenants that it presently has no interest and shall not acquire any interest, director or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendors of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 13. Termination. City may terminate this Agreement with or without cause upon sixty (60) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified upon the sixtieth (60th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. 14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises. 15. Financial Condition Prior To Entering Into This Agreement. Consultant has submitted documentation acceptable to the City Manager, establishing that it is financially solvent, such that it can reasonably be expected to perform the services required by this Agreement. Within thirty (30) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement, Consultant shall submit such financial information as may Page 5 of 8 be appropriate to establish to the satisfaction of the City Manager that Consultant is in at least as sound a financial position as was the case prior to entering into this Agreement. Financial information submitted to the City Manager shall be returned to Consultant after review and shall not be retained by City. 16. Non -Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation in the performance of its services and duties pursuant to this Agreement and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall Include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. B. Consultant will in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 17. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultants obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 18. Performance Evaluation. For any contract in effect for twelve months or longer, a written annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found City may direct Consultant to correct the inadequacies or, in the alternative, may terminate this Agreement as provided herein. 19. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. Page 6 of 8 20. Non -Waiver of Terms. Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 21. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 22. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. 23. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws of the State of California. 24. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 25. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived except in writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk. Page 7 of 8 26. Exhibits. reference. All exhibits referred to in this Agreement are incorporated herein by this IN WITNESS WHEREOF the parties have executed this Agreement as of the date first written above. "City" ATTEST: CITY OF DIAMOND BAR By: By: City Clerk Mayor Approved as to form: "CONSULTANT" By: City Attorney By: Its: Page 8 of 8 EXHIBIT "A" Administrative Support $2,000 per month $24,000 Annual Activities that benefit the residents of Diamond Bar are provided entirely by the Diamond Bar Chamber of Commerce or in concert with the City or other organizations. Li Business Showcase, Casino Night and participation in planning of the City Birthday Celebration American Spirit Day o Farmers' Market o Candidates Forum Activities that are directed at the business community of Diamond Bar. Li Business Showcase Business Visitation Program Grand Openings and Networking Mixers Ambassador Corps. Golf Outings New Member Reception Referral Service Networking Breakfasts CEO Roundtable Activities that enhance the image of the City of Diamond Bar. Acting as a point of contact for visitors and residents requesting information Distribution of a visitor's map of Diamond Bar through our hotels City Map Chamber web site VIEW advertising $1,000 per month $12,000 annual Provides for a "City Page" as the back page of the VIEW newspaper each month. The back page is a full color, 11 x17 inch page. The regular price for this premium page is $1200 per issue. The VIEW is distributed by hand to residential addresses in Diamond Bar, approximately 14,000. The VIEW is also available at the library and several business locations throughout Diamond Bar. DIAMOND\BAR CHAMBER OF COMMERCE Linda Lowry, City Manager City of Diamond Bar 21825 Copley Dr. Diamond Bar, CA 91765 -G June 24, 2003 Dear Linda, The Diamond Bar Chamber of Commerce has enjoyed a long running contract with the City of Diamond Bar. We wish to continue that contract for the betterment of both the City and the Chamber. The contract consists of two parts. The smaller amount ($12,000) is for advertising in the VIEW newspaper published by the Chamber. This contract provides for the City to be on the back page of every issue. This full color page normally sells for $1200 per issue. We appreciate the quality and timeliness of the City staffs product to us. The larger amount of the contract ($24,000) is for support functions to enhance the image of the City of Diamond Bar. This includes answering information requests from the public by telephone, fax, e-mail and in-person requests. We work with the City to visit businesses to identify their needs and show the support for local business by the City and the Chamber. The Chamber implemented the successful Farmers' Market in Diamond Bar, while not directly funded by the City it reflects well on the City and pleases our residents. The Chamber plans to again hold the Candidates' Forum to help the residents understand the positions of candidates and make an informed decision on election day. We are also a member of organizations that provide information on activities that may affect the City of Diamond Bar or represent the needs of Diamond Bar, such as the California Chamber of Commerce. We are asking that this request for a continuation of our current contract with the new Exhibit "A" be forwarded to the City Council for their consideration. Jeff Koontz Executive Director Attachment: Exhibit "A" Diamond Bar Chamber of Commerce 21845 E. Copley Drive, Suite 1170, Diamond Bar, CA 91765 909-860-1904 • FAX 909-860-6064 info@diamondbarchamber.com • www.diamondbarchamber.com C C