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CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
January 6, 2004
Next Resolution No. 2004-01
Next Ordinance No. 01(2004)
STUDY SESSION: 5:00 p.m. Government Center/AQMD Room CC -8.
Construction Bond Financing Discussion (Kosmont)
Election/Temporary Signs
Public Comments
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
INVOCATION: Monsignor James Loughnane, St. Denis
Catholic Church
ROLL CALL: Council Members Chang, Huff, O'Connor,
Mayor Pro Tem Herrera, Mayor Zirbes
APPROVAL OF AGENDA: Mayor
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Presentation to Debby O'Connor, outgoing Chairman of the Diamond Bar
Redevelopment Agency.
1.2 Proclaiming January 27, 2004 as "Welcome Home Vietnam Veterans
Day."
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each
regular meeting agenda to provide an opportunity for members of the public to
directly address the Council on Consent Calendar items or matters of interest to
the public that are not already scheduled for consideration on this agenda.
Although the City
Council values your comments, pursuant to the Brown Act, the Council generally
cannot take any action on items not listed on the posted agenda. Please
complete a Speaker's Card and give it to the City Clerk (completion of this form is
JANUARY 6, 2004
PAGE 2
voluntary).
There is a five-minute maximum time limit when addressing the City Council.
4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the
City Council may briefly respond to public comments but no extended discussion
and no action on such matters may take place.
5. SCHEDULE OF FUTURE EVENTS:
5.1 TRAFFIC AND TRANSPORTATION COMMISSION MEETING — January
8, 2004, 7:00 p.m., Government Center/AQMD Board Hearing Room,
21865 Copley Dr.
5.2. SPORTS COMPLEX TASK FORCE MEETING — January 8, 2004, 7:00
p.m., Government Center/AQMD Room CC -8, 21285 Copley Dr.
5.3 PLANNING COMMISSION MEETING — January 13, 2004 — 7:00 p.m.,
Government Center/AQMD Auditorium, 21865 Copley Dr.,
5.4 CALTRANS MONTHLY MEETING — January 14, 2004 — 6:00 p.m.,
Government Center/SCAQMD Room CC -6, 21865 Copley Dr.
5.5 COMMUNITY FOUNDATION MEETING — January 15, 2004 — 7:00 p.m.,
Government Center/AQMD Room CC -8, 21865 Copley Drive.
5.6 CITY COUNCIL MEETING — January 20, 2004 — 6:30 p.m., Government
Center/AQMD Auditorium, 21865 Copley Dr.
6. CONSENT CALENDAR:
file.
6.1 CITY COUNCIL MINUTES —
6.1.1
Special Study Session of November 18, 2003- Approve as
submitted.
6.1.2
Study Session of November 18, 2003 —
Approve as submitted.
6.1.3
Regular Meeting of November 18, 2003
— Approve as submitted.
6.1.4
Study Session of December 2, 2003 — Approve as submitted.
6.1.5
Regular Meeting of December 2, 2003 —
Approve as submitted.
6.1.6
Study Session of December 16, 2003 —
Approve as submitted.
6.1.7
Regular Meeting of December 16, 2003
— Approve as submitted.
Requested by: City Clerk
6.2 PLANNING COMMISSION MINUTES — December 9, 2003 - Receive and
Requested by: Planning Division
JANUARY 6, 2004 PAGE 3
6.3 WARRANT - Approve Warrant Register dated December 18, 2003,
December 23, 2003 and December 31, 2003 in the amount totaling
$803,113.77.
Requested by: Finance Division
6.4 TREASURER'S STATEMENT - month of November 2003.
Recommended Action: Review and approve.
Requested by: Finance Division
6.5 TRANSMITTAL OF COMPREHENSIVE ANNUAL FINANCIAL REPORT
AND SINGLE AUDIT REPORT ON FEDERAL AWARDS FOR THE YEAR
ENDED JUNE 30, 2003.
Recommended Action: Receive and file Annual Financial Report and
Single Audit Report on Federal Awards.
Requested by: Finance Division
7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be
heard.
7.1 ADOPT RESOLUTION NO. 2004-01 APPROVING THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM ALLOCATION OF
$447,240 FOR FISCAL YEAR 2004-05.
Recommended Action: Adopt Resolution and direct staff on appropriate
options.
Requested by: Community and Development Services
8. COUNCIL CONSIDERATION:
8.1 APPOINTMENT OF COUNCIL SUBCOMMITTEES BY MAYOR.
Recommended Action: Accept appointments as submitted by Mayor.
Requested by: Mayor Zirbes
8.2 ADOPT RESOLUTION NO. 2004-02: CONFIRMING APPOINTMENT OF
SPECIFIC REPRESENTATIVES TO THE SAN GABRIEL VALLEY
COUNCIL OF GOVERNMENTS.
Recommended Action: Adopt Resolution.
Requested by: City Clerk
JANUARY 6, 2004 PAGE 4
9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT: In memory of Gloria Ann Walters, 36 -year D.B.
resident., who succumbed to cancer.
Study Session
CITY OF DIAMOND BAR No. 1
INTEROFFICE MEMORANDUM
TO:
Honorable Mayor and Member of the City Council
FROM:
James DeStefano, Deputy City Manager
VIA:
Linda C Lowry, City Manager
SUBJECT:
Election/Temporary Signs Study Session
DATE:
December 16, 2003
BACKGROUND:
As part of Development Code Amendment No. 2003-01, the Planning Commission reviewed
standards related to election/temporary signs. The Planning Commission discussions on this
matter began May 13, 2003 and continuedto June 24, July 8, and August 13, 2003. On August
13, 2003, the discussion includedthe City Attorney' sinput. On August 16, 2003, the Planning
Commission decided to recommend that the City Council retain the standards on temporary
signs as currently presented in the Development Code.
On September2, 2003, the City Council reviewed Development Code Amendment No. 2003-01
which included several proposed modifications including Article III, Chapter 22.36 -Sign
Standards and Section 22.36.050 -Exemptions from sign permits. This section refers to the
temporary (election) signs placed upon public property. At thattime, the City Council decidedto
reviewthis matter afterthe November 4, 2003 election.
Currently, the City's Development Code allows temporary signs within the publicrights-of-way.
As a result, it is possible that a proliferation of signs may occur within the public rights-of-way
during special events or in general (e.g., special events related to real estate sales, sales in
general, advertising of a particular business and election signs.) The City's interest lies in
avoiding sign clutter, avoiding clutter in the public rights-of-way and distraction to motorists.
Some cities allowtemporary signs in the public rights-of-wayand manycities do not As pointed
out by the City Attorney ata Planning Commission meeting, cities cannot discriminate or
regulate election/temporary signs on the basis of content, onlyon the basis of time, place and
manner. One of the major problems of allowing election signs in the publicrights-of-way is that
cities become involved in content regulation. As a municipality, the City of Diamond Bar is a
government of limited powers. The United States is essentially the only country that is a
governmentof limited powers that respects private and individual rights. In the United States,
we do not tell people what to believe, what they can say and cannot say as long as it is not
illegal, misleading or fraudulent. As a result, when signs are permitted in the public rights-of-
way it becomes difficultto control the kind of signage, for to discriminate on the basis of content
is not allowed. The City hasthe right to prohibit signs in the public rights-of-way. In doing so,
all signs must be prohibited in the public rights-of-way exceptfor traffic signs. All signs would
include real estate signs. However, real estate signs could be placed on private property.
Cities that do not allow signs in the public rights of way do so primarily because signs in the
public rights-of-way add clutter and are distracting to motorists. Additionally, when the event
advertised is over, the signs are typically not removed and it becomes a public expense to
remove and dispose of the sign. Additionally, election signs in the public right-of-way may not
be reflective of public sentiment. These signs may only be reflective of the candidate' s
willingnessor resources to produce a large number of signs.
The law will allow cities to prohibit signs in the public rights-of-way. As discussed previously,
cities cannot regulate or discriminate on the basis of content. However, cities can regulate the
time, place and manner related to the installation of signs. As such, it is the City Attorney's
recommendation that the placementof election signs should not be within the public rights-of-
way. Additionally, many cities surveyed do notpermit election signs in the publicrights-of-way.
At the August 13, 2003, Planning Commission meeting, the City Attorneyalso addressedheight
regulationsand the appropriate number of days prior to election that election signs could be
installed. According to the City Attorney, there have been several caseswhich held that various
different time limits were impermissible. On a case said that 30 days was unconstitutional.
Anothercase cited 45 daysas unconstitutional. One case upholds60 daysas appropriate. It is
the City Attorney recommendation that 60 dayspriorto an electionwould be an appropriatetime
frame for the installation of such signs.
According to the City Attorney, a city may regulate the size and height of election signs. For
example, four square feet would probably be the appropriate minimum sign face area.
Additionally, a city would be allowed to regulate the height of such signs. For example, a
maximum height of five feet for a freestanding sign may be appropriate.
Atthe Planning Commission meeting, the number of signs per private propertywas also
discussion. The City Attorney pointed out that case law states the number of signs per private
property cannot be limited. However, it would notbe likelythat someone in Diamond Barwould
place 100 signs on their property. Nevertheless, if there are three candidates, there could be
three signs in a front yard and three signs in a side yard.
As a result of stafr sresearch, Planning Commission discussionsand the City Attorney's input,
the Planning Commission recommendedto the City Council that the currentstandard related to
temporary/election signs be retained. The following text is the current standard.
I_TI'MCall
Chapter 22.35— Sign Standards
Section 22.36.050. Exemptions from sign permits.
Current:
(5) Temporary signs placed upon public property. The following provisions shall
control the placement or proposed placementof signs on public property.
No signs shall project over any public walkway, alley, street or public
property except as maybe expresslypermitted pursuantto this section. On
private property, in anyoutdoorarea open to the public, no portion of any
sign attached to the building and extending below a height of seven feet
2
above ground level shall project more than six inches from the face of the
building.
b. No sign, other than those required for traffic safety or pursuant to law, shall
be placed, located or maintained upon any center median of any street,
highway or other improvement intended for utilization by vehiculartraffic.
C. No sign may be placed, located or maintained in, on or over any public
walkway, par kway, alley, street or any other public property which
interferes with the construction, maintenance or repair thereof or of any
facility therein orthereon, including, but not limited to all landscape,
hardscape, meters, or irrigation facilities.
d. No sign shall be affixed to any trees or other plant materials located in
any public walkway, parkway, alley, street or any other public property.
e. No signs placed on public property pursuantto this Code shall contain
more than six square feet of sign area.
f. Only one sign advertising, identifying, displaying, or directingor attracting
attention to a particularidea or eventshall be placed in the public right-of-
way
ightof-
way on each side of any single block. For the purpose of this section,
"block" shall mean that portion of the street lying between the nearesttwo
intersecting or intercepting streets.
g. Anysignadvertising, identifying, displaying, directing or attracting attention
to, or conveying an idea related to an event which is to occur on a certain
date shall not be placed in the public right-of-way more than 30 days prior
to that date and shall be removed not later than 10 days after the date.
(Note: Italics/bold delineates recommended amendment.
Recommended Amendment: (Repeals Paragraph(5) of Section 22.36.050referenced
above and replacesit with languagein this section as referenced below. This amended
language reflects the City Attorney's input.)
(5) Election signs. Temporary signs pertaining to a local, State or national
elections are permitted on private property subject to the following
limitations:
a. Signs shall not exceed six square feet in residential zones and twelve
square feet in commercial and industrial zones;
b. If freestanding on the ground, signs shall not be more than five feetin
height;
C. If mounted on a building, signs shall not project more than two feet
from the building;
d. Signs shall not be erectedon utility poles, traffic signals, traffic signs,
meters, tree wells, trees or other living things;
e. Signs shall be erectedno more than sixty days prior to the election to
which they relate, and must be removed within ten days after the
election;
Where a sign is erected on a vacant lot, or in a multi -tenant
commercial center or in a location on a residential lot that is not
visible from the residence, the candidate causing the sign to be
erected shall upon request provide evidence to the city of the
property owner' spermission.
Section 22.36.080. Prohibited signs. (Note: This section lists signs that are
inconsistent with the purpose and standards of this chapter, therefore, prohibited in all
zoning districts)
Current:
(22) Signs on public propertyor projecting within the public -right -of way, except
political signs and signs with an encroachment permit issued by the city;
Recommended Amendment: (Repeals the text in Section 22.36.80 above and
replaces it with the text listed below.)
(22) Signs in the public right-of-way, except official traffic control, directional
and identification signs erectedby the City or another governmental agency
with jurisdiction.
CONCLUSION :
The PlanningCommission voted to retainthe currentDevelopmentCode standardsfortemporary
sign which also appliesto elections signs. The recommended amendment will prohibitall signs
(exceptofficialtraffic control, directional and identification signs) in the public right-of-way. The
text also changes when election signs may be installed. The current standard is 30 days. The
recommended standard is 60 days. The recommended text changes coincide with the City
Attorney' sadvice and discussionwhich occurred at the August 13, 2003 Planning Commission
meeting.
I[axd0lkyihyil:I.IJ_ti101ZF
Direct Staff as appropriate.
Attachment:
Comparison Matrix for Election Signs;
4
2. Election Sign Survey; and
3. PowerPoint Presentation of Election Signs
COMPARISON MATRIX FOR ELECTION SIGNS
City
Standards
Brea
Political Signs:
1. Shall be permitted in any zone subject to the granting of a permit by the Development
his or her designee for each local, special district, state, or national election;
2. Each such sign shall be removed within10 days following the election to which it relate
3. Cash bond in the amount of $25 shall be deposited by each person desiringto erect a
to guarantee the removal of each sign within the10 day period noted above;
4. Political signs may be located in the public-rightof-way;
5. Political signs shall not be installed morethan 45 days priorto election or vote;
6. Political signs shall be removed 10 days following election or vote or deposit shall be 1
Chino Hills
Signs advertising a political candidate, political party, or ballotmeasure may be displayed
days before the election or vote and ending 30 days after the election or vote.
a. Signs maybe placed on private property only.
b. No sign may be placed on any property owned by a government agency, or on any strL
poles) owned or operated by government agency or public utility.
c. Signs shall not be attached to any other permanent or temporary sign.
d. Signs shall not be erected in any location where the City determines the sign may taus
with any authorized traffic.
e. Maximum area 8 sq. ft. in residential zones and 32 sq. ft. in other zones unless is an ac
headquarters) or primarysign permitted by this chapter.
Political Signs. Any display utilized for the purpose of proposing or opposing the election
proposition.
a. There shall be no restriction as to the maximum number of permitted signs;
b. Maximum area — 16 sq. ft.;
c. Height—no requirement;
d. Any candidate, or his/her designee, or the proponents of a ballot measure who seek to
register with the Community Development Department on a City registration form;
e. Political signs may only be displayed or erected within 45 days preceding an election;
f. Political sign shall be removed within 5 days following the election;
g. The Directorof Community Development shall notify the individual registering on behal
proposition whose political signs are deemed to violatethe provisions of this title. The
class mail, postage prepaid, to the address set forth on the registration form, except #
no obligationto notify a candidate proponent of the ballot proposition who has failed tc
provisions of this chapter;
(1) The notice shall contain the following information:
(a) Exact nature violation;
(b) Necessary corrective actions;
(c) opportunity to meetof informallywith the Directorfor the purpose of discussinc
corrective action; and
(d) The statement that political sign, violative of this title, shall be new route remo\
date of the notice in theadvance that the required corrections are not voluntar
made to the decision of the Director.
The Directors hall cause any political sign viol atingthis title to be removed, subject tot
this subdivision. In addition, the Director may take legal action to collect the costs, the
registering on behalf of the candidate or proponent of a ballot measure. In the event t
may take legal action against the candidate himself with the proponents of the ballot m
Fontana I Political Signs
Placement:
a. Political signs shall not be erected or maintained in the public right-of-way or upon
b. Political signs shall not be erected or maintain earlierthan 30 days before the electi
c. Political signs shall not be attached to any utility pole, public fence, street, or any of
public right-of-way;
d. Political signs shall not be erected in such a manner that it will, or may reasonably t
conflict with any traffic signal sign, signal or device. The political sign shall be erect
or may reasonably be expected to, obstruct view of pedestrians or vehicular traffic;
e. No political sign shall be placed or erected upon the property of another without firs
from the owner, ow ner's representative, lessee or tenant of said property;
f. Any political sign that is inviolation of this section shall be deemed a public nuisanc
requirement that it be removed by the property owner, candidate, candidate' scomn
committee. The City shall also have the authority to remove said sign in accordance
Removal of Political Signs Prior to Election:
a. Political signs in violation of the above section that are located on private property
the owner of the property, candidate, candidate' scommittee or ballot measure com
been provided with written notification to remove said sign, the reason for the reque
reasonable opportunity to remove the sign, may be removed by the City in accorda
this section.
b. Political signs posted on public property or in the public righfof-way maybe remove
anytime.
Removal of Political Signs after Election:
a. Political signs shall removed after the election to which the relates by the owner of
candidate's committee or ballot measure committee. Political signs remaining mor(
election which they relate shall be deemed abandoned and a nuisance, and may be
City in accordance with the state and federal law after the owner of the property, ce
or ballot measure committee has been provided with written notification to remove
requested removal and a reasonable opportunity to remove the sign;
b. Political science placed on behalf of candidates were committees have been succe
elections shall not remain posted for subsequ ent general or other election purpose
remain in the subsequent general or other election will be held within 100 days of tl
c. Political signs posted a public property or in the public righfof-way maybe remove s
anytime.
d. Political signs on vacant parcels remainingmore than ten days after the election to
deemed abandoned and may be summarily removed by the City;
Post Removal and Claim Procedures:
a. Upon removal of any political sign the City, such signs shall be taken to the City Cc
storage. The City shall keep an itemized account of the actual costs incurred in rei
incidental expenses. Incidental expenses shall include, but not limitedto, the cost
required for removal of the sign, administrative costs incurred to notify the property
responsible and any storage costs;
b. The City shall provide written notification of ig removal of a political sign to the can
or ballot measure committee responsible for its placement. The written notification
has been removed and is availablefor pickup at the City's Corporation yard. All pc
destroyed by the City if not claimed within 15 days of the written notification to cant
or ballot measure committee. For purposes of this subsection, notification shall be
. --- fh...J..H —..— —F ft,,.1—ff... —AA-- —A fl— n--,4;.. —f— n..—,4; ..l..t..n n....
Irvine Political Signs. Temporary political signs may be placed on private property with
the public right away for a period not exceed 10 days following election provided
criteria:
a. Political signs must not constitute a traffic hazard.
b. Political signs may be no larger than 12 square feet.
c. Political signs may be located no higherthan 20 feet above grade.
d. Political signs are prohibited from being placed on City traffic signs, signals,
directional
signs, advisory signs, regulation signs and traffic-unsignalized intersections,
obstructed from the driver' sview.
La CanadaI Permit on private property without City approval provided that the signs conform to the foll
Flintridge within the review -exception categories exceeding the limitset herein shall be subject to re
a. Temporary Signs
(1) Political Signs —Total sign areas shall not exceed 80 sq. ft. per parcel.
(2) Election Signs - Display of election signs shall be removed within 5 days
after such election. Election signs placed on one lot shall not exceed a total area
"Political sign" means any sign intended to promote an individual seeking public office, or
similar matters, which are to be placed before the local election for ratification or rejection
Exempt Signs.
1. Non-commercial signs, including political and special events signs, provided
that:
a. Shall not be placed upon public property, power poles, street lights, traffic control d
of -ways.
b. Individual signs in residential zones shall not exceed nine square feet in area or thrf
placed in that portion of a residential lotthat is subject to easement for public right<
least 12 feet behind the face of curb. The number of ground signs on a pa rcel shall
frontages of the parcel. Text of the ground signs may include separately printed sigi
dimensions.
c. Individual signs in nonresidential districts shall not exceed 32 sq. ft. in area and 6 ft.
in that portion of the nonresidential lot out of public right away, provided that they ai
The number of ground signs on a parcel shall not exceed the number street frontag
Ground signs may include separately printed signs within the permitted dimensions
d. Signs pertaining to election shall be removed no later than 14 days after the electio
e. No non-commercial signs shall be placed on private property without the consent of
monga Political signs having to do with any issue, ballot measure, or candidate in any municipal,
political statements and expressions shall be permitted in any zoning district subject to the
1. Any person, party or group posting political signs in the city shall abide by the provisioi
2. All political signs shall not exceed and overall height of 8 ft. from the finished grade. Si
political headquarters shall comply with the provisions of this title;
3. All political signs shall not exceed 32 -sq. ft. in total area for one side. No signs shall bE
obstruct visibilityof pedestrian or vehicle traffic;
4. All political signs shall be placed no earlierthan 30 days priorto the election and shall
10 days following the date of election;
5. The placement of any signs, whether on public or private property, shall not cause pub
6. No political signs shall be placed or fixed to a tree, fence, or utility pole, and shall not t
without issuance of any encroachment permit by the city engineer division;
7. No political sign shall be posted in violation of any provisions of this title. Further, the 1
have the right to remove all signs placed contrary to the provisions of this section;
San Dimas I Political shall be permitted as provided in this section:
1. Residential Zones. Political signs shall be permitted on private property in any
Residential zone.
a. Such sign shall not exceed 9 -sq. ft. in size or 3 ft. in any direction.
b. Such sign shall be removed 10 days after the date of election.
2. All Other Zones. Political signs shall be permitted in all other zones.
a. Such sign shall not exc eed 32 sq. ft.
b. Such sign shall be removed 10 calendar days after the date of election.
3. Political signs placed, directed or maintained in violence of this section shall be remov
a. Any political sign in violation of this section shall constitute a public nuisance and s
its owner and may be summarily removed by the City without notice.
b. Any political signs in violation of subdivisions 1.a., 1.b. and 2.b. of this section may
providing 5 calendar days written notice requesting the violation be corrected by th
property owner or tenant on whose property the signs have been posted, the politic
relocated or altered as required by this section. The notice requirements herein sh,
reasonable and diligenteffort by the Cityto locate the owner of the sign, property c
and/or tenant.
10
Walnut I Political campaign signs supporting, opposing, or regarding any candidate or issue areal I
1. Size of the sign is limited to 6 sq. ft.;
2. Signs must be located on private property with the consent of the property owner;
3. No signs are allowed on any public rightof-way or on public property;
4. Signs shall not be located on public or private utilitypoles, including lightstandards;
5. Signs shall not be located higherthan 10 ft. measured fromthe top of the sign to the gi
sign;
6. All signs shall be removed by the owner of the signs or the owner of the property on wF
7 days after the date of the primaryelection, election or the event which the signs conc
and signs on private property for which permission to enter the property has been obta
within the 7 days, the City of Walnut personnel or their designated representative may i
signs may be held by the City for a period of 30 days after giving notice to the owner, ii
ascertained. The notice to the owner shall state that the owner may repossess the sigi
the cost of removal and storage incurred by the City. The City may not charge in exce:
and storage of the signs.
7. Any signs which are not claimed by their owners, agents or representatives within 30 d
disposed of by the City. The owner and/or person who posted the sign shall be respor
storage and disposition.
Yorba Linda I Political Signs:
1. Permitted in all zones;
a. One unlighted sign for each buildingor business establishment not exceeding 32 sc
b. Freestanding signs shall not exceed 6 ft.;
2. Signs may be located within the public right-of-way; and
a. No sian shall be attached to a tree, traffic device, liaht standard or telephone pole.
11
ELECTION SIGN SURVEY
city
Installed Prior to the
Election
Election Signs In
Public Right -of Way
Brea
45 days
Yes
Chino Hills
45 days
No
Chino
45 days
Yes with written consent from the City
Fontana
130 days
I No
La Verne
130 days
I No
Rancho Cucamonga
30 days
Yes only with an encroachment permit
San Dimas
30 days
No
Yorba Linda
30 days
Yes
Claremont
No specific time frame
because only alowed on
private property
No
Highland
45 days
No
Walnut
30 days
No
Dana Point
I
I No
12
STUDY SESSION NO. 2
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NO DOCUMENTATION AVAILABLE
6.1.1
CITY OF DIAMOND BAR
CITY COUNCIL SPECIAL STUDY SESSION DRAFT
NOVEMBER 18, 2003
STUDY SESSION: Mayor Herrera called the Special Study Session to
order at 8:00 a.m. in Conference Room B of the South Coast Air Quality
Management District/Government Center, 21865 E. Copley Dr., Diamond Bar,
CA.
Present: Council Members Chang, O'Connor, Mayor Pro
Tern/Huff and Mayor Herrera. Council Member Zirbes was excused.
Also Present were: Linda Lowry, City Manager; James DeStefano,
Deputy City Manager; David Doyle, Deputy City Manager; Linda Magnuson,
Finance Director, and Lynda Burgess, City Clerk.
PUBLIC COMMENTS: None Offered.
? Discussion of Proposed Agreement for Los Angeles County to
Operate the New Library and other Library Bond Act issues —
DCM/Doy le reported that he would be briefly discussing the full application and
rating process. He referred to a copy of the Evaluation Form sample from the
Calabasas Public Library and explained that there are four major components of
the application that are somewhat subjective in terms of the ranking application:
Age and Condition, Needs of the Residents, Response of the Proposed Project
to the Needs, Plan of Service and Appropriate Technologies and
Appropriateness of the Site. Each of the categories include an explanation of
what the bond staff is looking for in ranking each application against each other.
He indicated that the reason for this meeting is to talk about the option that has
been discussed in the community of the LSSI option to contract out library
services. LSSI is exploring the idea of withdrawing from the County Library
System and is making the assertion that if the City withdrew from the County
System, that the bond staff would determine the City' sapplication to be one of a
community that does not have an existing library. He pointed out that on the
second page of the rating forms that if you have no existing facility you' re
automatically guaranteed rating of for that component of that category. He
explainedthat that is a new rating system that was not done in the first round and
staff only found out about it after being in attendance at the meeting on August
28 — that' sthe way they were ranking those for that particular category.
In response to C/O' Connor' squestion regarding the current Calabasas library
facility, DCM/Doyle explainedthat Calabasas has a storefront library but bond act
regulations specify that if you' releasing a facility, and your lease is less than 20
years, you' redetermined to not have a library at all in your community.
DCM/Doyle further reported that that was the description of the age and
conditions. He explainedthat what happened in the second round was that there
were a number of applications submitted, approximately 66, divided into three
separate piles with each pile rated by three raters. Those ratings were then
measured acrossthe other applicationseven though the raters forthe one group
November 18, 2003 PAGE 2 CC SPECIAL STUDY SESSION
never review the other applications. He reported that it' sa very subjective rating
procedure with different raters reviewing different applications which are then
being measured against each other. In order for the City to get an outstanding
application rating from bond staff, the City needs to get a score of in three of
the four categories with the Age and Condition being the primary component. He
explained that even though City staff asked State staff if it would consider the
City not having a library at all by withdrawing from the County system prior to
submitting its applicationas suggested by LSSI, State staff has not responded so
there is no guarantee. Further, he stated that the other categories are very
subjective and the library bond staff can either make or break an application
dependingon what they think of it and the project. He pointed out that the other
category the City will struggle with is the appropriatenessof the site.
DCM/Doyle continued by stated that LSSI had been in the D.B. community
meeting with people and talking about possible cost savings. He pointed out that
LSSI' sproposed operating cost of $665,000 a year at the existing facility is one
that had not been previously discussedwith City staff.
MPT/Huff pointed out that Council members and staff did talk to LSSI during a
field trip by asking what it would cost to run the library but no response was
given. He said that LSSI did indicate that it would be a higher rate than
Calabasa' s.
DCM/Doyle referred to a table entitled "Countyvs. LSSI Options"and pointed out
that the lowerpart of the table is the existing facility.
MPT/Huff: So the facility lease cost is based on 10,000 square foot?
In response to MPT/Huff regardingthe basisof the facility lease at 10,000 sq. ft.,
DCM/Doyle answered that that' swhat they' rebasing it on. Staff feels that the
only suitable place in the community for relocation of a library would be the old
furniture store which is a 19,000 sq. ft. facility which has a lease price of about
$.85/sq. ft.
In reply to C/O' Connor' ssuggestion of locating the library in the County Hills
Towne Centre, DCM/Doyle explained that he would defer to Mr. DeStefano, but
he felt that the new management is actively pursuing a tenant for that large
space.
DCM/DeStefano explained that the only large space that' savailable is the old
grocery store space. It' sabout23,400 sq. ft.
C/O' Connorasked aboutthe size of the former Wherehouse store.
DCM/DeStefano respondedthat the Wherehouse space itself is probably 3-4,000
feet and that the building is probably 6-8,000 feet.
November 18, 2003 PAGE 3 CC SPECIAL STUDY SESSION
M/Herrera asked about the difference in rental costs between Country Hills and
the furniture store.
DCM/DeStefano indicated that he was not sure what the new rent structure will
be for the Country Hills Towne Centre but reported that Ralph' shad been paying
approximately $1 sq. ft. plus CAM charges.
In response to C/Zirbes about the costs of improving the furniture store,
DCM/Doyle reported that the costs of tenant improvements had not been
included in stafr s calculations. He further stated that a library requires a lot of
open space so there may not be a lot of cost associated with tenant
improvements.
Regarding parking, DCM/Doyle stated that that is an issue throughout D.B. As a
frame of reference, DCM/Doyle explained that if the City sent the County a letter
by December 2, 2003 that the City is withdrawing from the County Library
System, a facility would need to be found and leased, tenant improvements
would have to be made, an operating contract with LSSI would need to be
accomplished and a collection purchased and in place by July 1, 2004. He said
that six months is a tight timeline but it can be done. He referred to the LSSI
costs to operate a building roughly the same size as the existing building at
$665,000 and stated thatthe costwould probablybe higherif the City leased the
furniture store of 19,000 sq. ft. Regarding the materials budget, he reported that
the City does not pay for materials in addition to the $1 million operating costs
already being spent. He pointed out that there would also be extra annual costs
for systems maintenance at approximately $30,000, utilities of about $50,000,
building maintenance at approximately $40,000 and afacility lease cost of
approximately $180-185,000. He felt that the bottom line was that there would
not be a large amount of savings for the City by operating its own library from a
new building versus staying in the county building with LSSI or the County. He
did point out, however, that more operational control would probably happen
through an agreement with LSSI as well as control of the library itself in terms of
determining the hours, etc. He explained that if the City were to stay with the
existing facility and contract with LSSI, there would be an additional cost of $2.2
million for an initial book collection—these costs could be phased in over a
couple of years but up to $1 million would need to be spent before the library
could open. Purchase of a circulation system, computers, software, etc. would
cost approximately $250,000 and the furniture, fixtures and equipment (shelving,
tables, chairs, etc.) could add another $400,000. He stressed that the City would
have to pick up the funding of building a new library plus operating costs until
such time as the State library staff determines whether the City' sapplication is
approved— probably sometime in August or September of 2004. He indicated
that if the City sent a letter to the County after December 2, 2003 withdrawing
from the Library System, the City would have one more year to make
arrangements for its own library. He further explained that even if the withdrawal
deadlineis pushed back to July 2005, Council and staff would still have to design
the building, develop construction documents and then construction itself which
November 18, 2003 PAGE 4 CC SPECIAL STUDY SESSION
would probably not conclude until well into 2007. During that two-year period,
the City would be paying out of pocket for the storefront lease plus maintenance
costs, purchase of collection, operations,etc.
C/Chang asked whether it would be possibleto lease the current library from the
County during that two-year term?
DCM/Doyle stated that he was not sure if the County would lease it. Legislation
specifies that cities can purchase an existing building, but that is something staff
should negotiate with the County.
C/Chang suggested that the City include lease of the existing facility in the
documentation if the Council decides to withdraw from the County Library
System. He felt that the City could then possibly q ual ify for the necessary ranking
for State funding by consideringthe City as being without a library.
DCM/Doyle stated that he wondered how the State would look at the City' s
application if we were to withdraw from the County System. He posed the
question, how would they view the City if it withdrew from the County in order to
get State construction funds?
In discussing the success of Supervisor Knabe' sapplication for funding of an
East San Gabriel Valley regional library, DCM/Doyle indicated the application
received very good ratings for the State with a 4 in age and condition, and 3' sin
most other components and that the application may be submitted for the next
round of funding. Out of four L.A. County projects, itis felt that the application
submitted by the County for the Lawndale project will probably be funded.
In response to C/Chang, DCM/Doyle explained that staff had not included actual
utility costs in the table because those costs will be borne by the City. He said
that because of the way the utilities are set up with the Diamond Bar Center, it
will be easierfor the City to directly pay the utilitieswhich will allowthe City more
control. With an operating agreementwith LSSI, the City would probably need to
pay the telephone bill, but if the County continued to operate the library, they
would pay the telephone costs themselves. He further stated that other costs not
included in the table would be maintenance of major building systems and
landscaping. Staff felt that the landscaping would be part of the overall site
landscaping. Regarding the maintenance of the HVAC and other systems, he
explainedthat staff removed the anticipated $70,000 cost from the table because
the equipment would be under warranty for the first few years. He affirmed that
there would be additional costs above the table' scomparison of library costs
between the County and LSSI. These costs would be comparable to the costs
for the City to operate the library itself.
C/O' Connor:Are we assuming that the 665 that LSSI is putting in has the same
number of employees and work force?
November 18, 2003 PAGE 5 CC SPECIAL STUDY SESSION
In response to C/O' Connor, DCM/Doyle indicated that the figures proposed by
LSSI for operating costs of $665,000 would include the same number of
employees and work force as that offered by the County.
C/Chang asked if the $1.269 million quoted bythe County for operating
expenses for a future City library would include the same service received by the
County currentlywith the same operating hours?
DCM/Doyle explained that the operating hours would be the same but the
proposal includes additional staff consisting of a Librarian I, a Library Assistant I
and a number of part -time staff for increased programs for the additional
$268,000.
In response to C/Chang DCM/Doyle confirmed that the $1.269 million is the total
cost including the $268,000.
DCM/Doyle reported that he felt the best the rating the City will be able to get is a
3 on Age and Condition of the Existing Library because the current facility does
not fit the criteria outlined by the State. The City will have to get higher rankings
in the other categories to make up for the 3 on Age and Condition. He explained
that the other categories — Needs of the Residents, Response to the Proposed
Project to the Needs — means that the City needs to describe how the residents
were surveyed and how does our building, building program and plan of service
meet the needs expressed in the survey responses.
In response to MPT/Huff, DCM/Doyle indicated that the survey conducted by the
City was done within the propertime frame for purposes of the application. Staff
can showthat the City actively surveyed the community when consideration of a
new community center was in progress. He said that the application will show
that the City has consistently heard from the community that a new library is
needed and, in his opinion, the City should receive a strong 4 in this category.
The next category, Appropriate Technology, is assessing whether the City has
considered the appropriate technology to take the facility into 2020. He
described an application put forth by anothercity three times with the exact same
technology description which received three different rankings by the State—one
a 4, one a 3 and one a 2.
In response to C/Huff, DCM/Doyle explained that the only appeal process in
place involves three minute comment period, after waiting in line for 90 minutes
or so, in front of the bond staff to convince them that the application should be
rated as outstanding. When he attended a bond hearing,5 1/2 hours of testimony
was given and none of the applications were reconsidered as outs tanding.
Three of the applications in the very good category were funded because they
basically developed an outstanding list that took up about 80 percent of the
money available to spend with $20 million remaining. The bond board then
discussed and decided to fund three of the "verygood"projects which took care
of the remaining balance. He reported that there were 10 projects rated as
November 18, 2003 PAGE 6 CC SPECIAL STUDY SESSION
"Outstanding",10 projects rated "Acceptable'bnd 40 projects rated "VeryGood."
All of the Outstanding projects were approvedfor funding.
DCM/Doyle further indicated that the Calabasas application, while Outstanding in
the first round, did not get funded because they didn' have a joint use agreement
and were proposing a newfacility. He said thatthere were one ortwo others that
were funded that also didn' thavejoint use agreements but their projects were for
renovation of existing facilities.
DCM/Doyle recommended that the City continue contracting with Los Angeles
County and take a chance with the bond staff while pushing to move the
application forward. He explained that the application has other considerations
such as the site issue. He said that, from his perspective, the decision should
not be driven by how the City believes it would fair during the application
process, it should be based on the service needs and what the City wants to do.
Following discussion, the Council agreed to continue on the current course, not
withdraw from the County Library System atthis time and directed staff to
continue to apply for the Library Bond Act.
Nancy Lyons felt that the City would look to the County or LSSI because it did not
want to run the library; however, costs should be considered for comparison
sake. She pointed out that Pomona and Brea have city -owned libraries that
could possibly provide cost information.
DCM/Doyle responded that staff did that analysis and that there is no standard
cost that can be used for comparison purposes. The bottom line is that the City
would not save money one way or the other. He reported that the cost to operate,
whether with the County, LSSI or the City, is about the same.
Kathleen Newe felt that the current facility needed improving. She stated that the
money is important and since the City is already paying, it should have a
showcase facility for that money. She believed that if the City took charge of the
facility, the standards for maintaining the facility would be much higher.
Jack Newe said that this City is letting a group that resides thirty miles from the
facility direct what happens. He explained that, in 1989, D.B. became a City
because people felt that D.B. would do a better job taking care of itself. He felt
the results should speak for themselves. At some point, the City needs to decide
whether to have our own library or farm it out to somebody else and lose control.
He indicated that he had not heard that much about the library from the residents
and he felt the City needed to do a better job educating the residents about what
is going on so that when it ne eds support, the residents are there to back the
project.
November 18, 2003 PAGE 7 CC SPECIAL STUDY SESSION
Nancy Lyons said that teens and preteens really need a place to go. She
reported that they go to the library but the current library does not want them
there unless they are chaperoned, but the library should be a welcome place for
kids. She further stated that the bike racks are broken but the library does not
want to replace them because they don' ivvant the kids there.
Kathleen Newe said that the Friends of the Library thought about using its funds
to provide an after-school program but the library did not want to discuss it. She
reported that the Friends offered to purchase a stone table for the kids but the
library did not want that. She felt the City and its kids were missing a lot without
local control.
Phyllis Papen did not believe there were 10,000 books in the D.B. facility
because there was not room in the facility to house that many books. She stated
that LSSI had a five-year contract with the County of Riverside to operate 25
libraries.
C/Chang felt that if the City failed in its attempt to get grant money, it should
separate from the County and seriously consider how to finance the operation of
the facility. He believed the City could run the facility more economically than
could LSSI or the County.
ADJOURNMENT: With no further business to conduct, M/Herrera
adjourned the Special Study Session at 10:00 a.m.
LYNDA BURGESS, City Clerk
The foregoing minutes are hereby approved this day of
2004.
CAROL HERRERA, Mayor
6.1.2
CITY OF DIAMOND BAR DRAFT
CITY COUNCIL STUDY SESSION
NOVEMBER 18, 2003
STUDY SESSION: Mayor Herrera called the Study Session to order at
5:05 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 Ten-VHuff and Mayor Herrera
Also present were: Linda Lowry, City Manager; Mike Jenkins, City
Attorney; James DeStefano; Deputy City Manager; David Doyle, Deputy City
Manager; David Liu, Director of Public Works; Bob Rose, Community Services
Director; Linda Magnuson, Finance Director; April Blakey, Public Information
Manager; Ann Lungu, Associate Planner; Fred Alamolholda, Senior Engineer;
Sharon Gomez, Management Analyst; Kim Crews, Senior Management Analyst;
Jim Clarke, Consultant and Lynda Burgess, City Clerk.
Discussion of Proposed Agreement for Los Angeles County to
Operate the New Library and other Library Bond Act issues.
DCM/Doyle reviewed the provisions of the suggested Operating
Agreement with L.A. County for the new library facility. He reported that
the City would need to pay the County $268,906 for additional personnel
as well as costs for maintenance of major building systems (HVAC, etc.);
maintenance of the building exterior, maintenance of the grounds and all
utilities with the exception of telephones. He explained that the City
would: retain ownership of the building and additional library materials
purchased through direct payment to the County and retain the right to
withdraw from the County system. He said that the County would sell the
existing facility with the proceeds given to the City to offset additional
operating (staffing) costs and that the County would retain the right to
approve naming of the building.
Regarding costs for construction of the facility (estimated at $7 million),
DCM/Doyle explained that Bond Act regulations specify that the State will
pay 65% of the total cost and the City would be required to pay 35% or
$2,450,000. He pointed out that the value of the land and the parking lot
could offset the City' sshare of the matching costs which were appraised
at approximately $875,000. He said that the remaining matching cost to
the City would be approximately$1,575,000.
C/O' Connor asked for clarification of the statement in the report "Los
Angeles County received negative comments from the application raters
for requiring the school districts, the County and the City to meet at least
every 5 years to discuss the joint use agreement." She wondered whether
the time frame was the problem.
NOVEMBER 18, 2003 PAGE 2 CC STUDY SESSION
DCM/Doyle reported that five years was too long of a period. He said that
staff is attempting to contact the school districts regarding the joint use
agreements to administratively change it to an annual meeting.
Regarding the $268,906 estimate for additional staff, C/O' Connorasked if
property taxes were able to pay more than the operating costs, could the
remainderassist in payingfor the extra staffing.
DCM/Doyle responded that the County would be supplementing the City' s
operating costs by approximately $20-30,000 so the City wouldn' trealize a
net gain.
With respect to DCM/Doyle' s comment that the City would be committing
to give $50,000/yearfor books, etc., C/O' Connorasked if that would be in
addition to the funds contributed by the Friends of the Library?
DCM/Doyle stated that the City would need to increase the size of its
collection and the $50,000 is estimated to cover that expense in addition
to the contributions made by the Friends of the Library.
C/O' Connorasked if other non-profit organizations could contribute to the
City' s$50,000 commitment.
DCM/Doyle agreedthat that would be possible.
Regarding the former facility, C/O' Connorasked if public agencies have
the first right of refusal on the purchase of the building?
DCM/Doyle responded that the County would be open to having the City
look into such a purchase but that negotiations had not yet been opened.
Council concurred to continue on the current course and not withdraw
from the County Library System atthis time. Staff was directed to
continue to apply for the Library Bond Act funding.
Kathleen Newe, speaking on behalf of the Friends of the Library, felt that
there was not enough attention paid to the current facility. The Friends
hoped to raise enough money to put up a marquee in front of the library
and purchase an aesthetically pleasing trash receptacle for the front
entrance. She hoped that the City would continue to work with the County
to make the library more attractive and inviting.
Nancy Lyons agreed with Kathleen Newe. She said she was very
impressed with the amount of energy and time put forth by Council and
staff on this matter. She was concerned that the matter would be put off
indefinitely with nothing being accomplished. She asked Council to move
forward and adopta policy based on funding or lack of funding.
NOVEMBER 18, 2003 PAGE 3 CC STUDY SESSION
Slope Maintenance.
DCM/DeStefano reported that Council and staff had previously discussed
the issue of slope maintenance on private property and the Planning
Commission had recommended approval of Code amendments to
strengthen the areas of slope landscaping and maintenance
responsibilities He said that this past October, Council directed staff to
prepare an Ordinance amending the Code outlining the standard for
property landscaping and slope maintenance as" Level C." He further
stated that Council directed staff to look at how the standards would be
applied to residents of low and moderate income who could not afford to
bring their slopes up to Level C. He explained that staff determined that it
would be a legitimate use of public funds in the form of a grant, probablya
matching grant, to assist low to moderate residents in upgrading their
slopes.
M/Herrera asked what the funding source would be for the matching grant
program.
DCM/DeStefano responded that it might be General Fund money but that
funds from AB939, NDPS, etc. would not be able to be used for slope
maintenance purposes.
C/O' Connorexpressed concern about maintenance of slopes that don of
face the public right-of-way and wondered what the City could do to
encourageor assist those homeowners to maintain their slopes?
DCM/DeStefano respondedthat such slopes could be eligiblefor this type
of program; but it would depend on howthe guidelinesare drafted.
C/Zirbes stated that he felt that the City should begin with the major
arterials and revisit the situation in 12 to 18 months. He suggested that
Home Improvement Program funds could be used for landscape
improvements.
In response to C/O' Connor,DCM/DeStefano reminded Council that CDBG
(Community Development Block Grant) funds were used for the Minnequa
landslide repair. He stated that if the City faced a similar problem, staff
would look to programs and resources to assist residents in
reconstruction.
C/O' Connorasked ifthe homeownerswho benefitedfrom the slope repair
in the Minnequa situation were required to maintain the slopes and
wondered whether staff has monitored the maintenance of them.
DCM/DeStefano was not aware of whether there was such a requirement
NOVEMBER 18, 2003 PAGE 4 CC STUDY SESSION
CA/Jenkins stated that the standards for using public funds on private
property are difficult to understand because there is not a lot of law on the
subject. He reported that, in this case, the discussion involves improving
slopes that directly beautifiesthe right-of-way, affects the streetscape and
improves the public right-of-way and values of property. He explainedthat
when considering improvement of slopes that are not visible, there is a
risk of not being able to justify improvement of private property.
Clyde Hennessee liked the idea of maintaining the right-of-way slopes first
and expandingthe ordinance in small measures at a later date.
ADJOURNMENT: There being no further business to conduct,
M/Herrera adjournedthe Study Session at 6:10 p.m.
LYNDA BURGESS, City Clerk
The foregoing minutes are hereby approved this 6th dayof January , 2004.
CAROL HERRERA, Mayor
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
NOVEMBER 18, 2003
6.1.3
DRAFT
STUDY SESSION: Mayor Herrera calledtheStudy Sessionto order
at 5:05 p.m. in Room CC -8 of the South Coast Air Quality Management
District/Government Center, 21865 E. Copley Dr., Diamond Bar, CA.
? Discussion of Proposed Agreement for Los Angeles County to Operate
the New Library and other Library Bond Act issues
? Slope Maintenance
M/Herrera adjourned the Study Session at 6:10 p.m. to the Regular City Council
meeting.
CALL TO ORDER: MayorHerrera calledthe meetingto orderat 6:30
p.m. in the Auditorium of The Government Center/SCAQMD, 21865 E. Copley Dr.,
Diamond Bar, CA.
PRESENTATION OF COLORS: 1" Squadron,1 &h Calvary of Ontario, California
United States Army presented the Colors.
PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of Allegiance.
INVOCATION: Chaplain Lieutenant Colonel Robert Palmer,
United States Army.
ROLL CALL: Council Members Chang, O' Connor, Zirbes,
Mayor Pro Tem Huff, and Mayor Herrera.
Also present were: Linda Lowry, City Manager; Mike Jenkins, City
Attorney; Jim DeStefano, Deputy City Manager;David Doyle, Deputy City Manager;
David Liu, Public Works Director; Bob Rose, Community Services Director; Linda
Magnuson, Finance Director, and Lynda Burgess, City Clerk.
DCM/Doyle reported that during tonight' sstudy session,the Council instructed staff
to staythe coursewith Los AngelesCountyand continue pursuingthe LibraryBond
Act.
APPROVAL OF AGENDA: As presented.
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Proclaimed November 16-23, 2003 as "FirefighterAppreciation Week."
NOVEMBER 18, 2003 PAGE 2 CITY COUNCIL
1.2 Presentations by the City of Diamond Bar and by the Friends of the Library
to "ReadTogetherDiamond Bar"EssayContestWinners:AngelinaTang,3ro
Grade, Westhoff Elementary School; Parvita Panchal, 8th Grade, Chaparral
Middle School and Armanda Klimczak, 11`h Grade, Diamond Ranch High
School.
1.3 Presentations by the City of Diamond Bar and the Friends of the Library to
"Read Together Diamond Bar: Wacky Invention Winners: Divya
Narasimham, 5`h Grade, Golden Springs Elementary School; Christine
Nguyen, 5h Grade, Golden Springs Elementary School and Kathy Elimin,9`h
Grade, Diamond Bar High School.
1.4 Presentations by the City of Diamond Bar and the Friends of the Libraryto
"Read Together Diamond Bar" Poster Winners: Joseph Mau, 2nd Grade,
Maple Hill Elementary School; Alexandria Choi, 5`h Grade, Quail Summit
Elementary School; Eunice Rhee, 5th Grade, Golden Springs Elementary
School; Saad J. Rahman, 7th Grade, Chaparral Middle School and Trey
Klimczak, 5`h Grade, Pantera Elementary School.
1.5 Presentations by the City of Diamond Bar and the Friends of the Libraryto
"ReadTogetherDiamond Bar" Sponsor Pledge Stunt Bike Winners: Drake
and Raphael Plunkett.
1.6 Presented Certificates to Winnersof the City' sAnnual Trash Cutter Awards
to John Rowe, Residential; Joann Fabrics, Commercial and Allstate
Insurance, Commercial in recognitionof their efforts in recycling and waste
prevention.
1.7 Presented City Tile to Patricia and Robert Rice, owners of MAIL BOX
CENTER & MORE as Businessof the Month, November2003and displayof
Business of the Month video.
1.8 Recognition of Veterans
a. Presentation by Colonel John S. Harrell, Chief of Staff, 40`h Infantry
Division, United States Army, Joint Forces Training Base at Los
Alamitos.
b. Distributed Plaques to Veterans.
RECESS: M/Herrera recessed the meeting at 7:30 p.m.
RECONVENE: M/Herrera reconvened the meeting at 8:04 p.m.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered.
NOVEMBER 18, 2003 PAGE 3 CITY COUNCIL
3. PUBLIC COMMENTS: David O' Connorspoke in oppositionto Consent
Calendar Item 6.6. He pointed outthat the data was collected at a very narrowslice
in time late in September immediately after schools opened. He wondered ifthe
data were gathered ata different time, whether itwould have indicated heavier
traffic than that indicated in the report. He believed the summertime traffic on
Bower Cascade is even heavierthan what the data indicates. In his opinion,the
85`h percentile was 33 mph, which means that there were still about 150 vehicles
traveling up anddown Bower Cascade at speedsgreaterthan 33 mph,about8 mph
overthe speed limit. The report add ressesvisibility and speed on BowerCascade.
In his opinion, visibility is less a problem than is speed. He felt that installation of
these signs would not address the fundamental problem of speeding vehicles
proceeding down Bower Cascade.
Ann Heisinger-Campbell, speaking aboutConsent Calendar Item6.6,worried about
pulling out of her driveway on a daily basis. She said that she has not seen law
enforcement on Bower Cascade and that this is an extremely dangerous situation.
Whetheror nota stop sign is the safest wayto slowtraffic, she asked the Councilto
considersorre type of mitigation to protect the residents. She favored stop signs if
there were no other means to effectively slow traffic. She would rather have the
stop signs than nothingat all. She agreedwith Mr. O' Connorthatthere would need
to be a vigorous educational campaign as well as vigorous enforcement if stop
signs would be installed.
Mary Matson stated that she had spoken with several people in recent days that
express the same consensus about the Diamond Bar Center —you market a
building,what it serves and how it looks, you don' Market a name. The City mailed
out a questionnaireasking what the citizens wanted to name the building. She felt
itwas a real disserviceto the community thatthe Council voted 3-2 to take outthe
names "community"and "senior"because a community/senior center is what the
building is goingto be. She asked the Council to considerchangingthe name back
to what itwas. The residents were not informed aboutwhatthe community actually
wanted for the name.
Clyde Hennessee said that people used to speed on his street. When the City
installed the four-way stop, the drag racing stopped. In fact, traffic has decreased
dramatically on his street. In his opinion, stop signs work.
Marie Buckland was concerned about what the minutes said about adjourning in
memory of Mrs. O' Connor' niece. This was not done, yet the minutes said
otherwise. She was also concerned about certain people being able to speak for
15 or20 minuteswhen the agenda saysthat speakers have onlyfive minutes. She
indicated that she felt the stop signs on Santaquin are ineffective.
Joe McManus congratulated M/Herrera and MPT/Huff on their re-election and
NOVEMBER 18, 2003 PAGE 4 CITY COUNCIL
thanked all of the volunteers and voters who participated in the election. He felt
that the mean -spiritedness of national and state politics had come to D.B. A small
group of local citizens have attempted to malign several of this community' sleaders
and City employees as well as some of their neighbors and local business people.
He
felt that this group did not offer one constructive suggestion nor did they have one
positive thing to say about anyone or anything in D.B. Mrs. Ansari and her
followers made accusations by innuendoagainstM/Herrera and MPT/Huff and the
political action committee, which directly reflects their agendafor our community.
Mrs. Ansari should be ableto read and comprehendfinancial reports well enoughto
know that not one City Councilperson donated $1 to the political action committee.
He said thatshe also neglected to an nou ncethat there were several larger donors
and that the league donated to several candidates in neigh boringcommunities. He
stated that the committee' sbelief is that it is in D.B.' sbest interest to get to know
and help our neighbors. The committee found Mrs. Ansari' sreferences to Dave
Perez and his family incomprehensible He stated that Mr. Perez and his family are
nice people and have been helpful to D.B. and could be much more help to us in
the future if D.B. is serious about solving City traffic problems. Mr. McManus said
he had nothingto do with the signs Mrs. Ansari referenced. He hoped that current
Council Members would supportMr. Tanaka in a future election. He feltthat people
should be able to disagree without being disagreeable.
Jody Roberto congratulated M/Herrera and MPT/Huff on their re-election to City
Council. She stated that she was very impressed with what they have
accomplished during the past eight years. She looked forward to the City getting
back to business.She thankedthe Council for their commitment to the community.
Robert Engler, in an letter addressedto the City Council, expressed his opposition
to a three-way stop sign intersection at Acolito and Bower Cascade to slow down
speeding on Bower Cascade. He said he felt that two collisions near the
intersection in the past 3'/z years did not warrant three stop signs and indicated
that, in his opinion, signs on such a steep grade would create more problemsthan
the occasional speeding currently taking place.
4. RESPONSE TO PUBLIC COMMENT:
In response to M/Herrera, DCM/Doyle reported that direction was given to the
contractor for the name of the community center directly following the last Council
meeting. He believed that the sign order had been placed and that it is too late to
change the name.
M/Herrera stated that no residenthas been allowed to speakfor 15 to 20 minutes.
She believed the maximum time that anyone has spoken was seven minutes. She
said it was a mistake on her part not to have adjou rned the prior meeting in memory
of Mrs. O' Connor' niece. However, becausethe requesthad been made, staff was
instructed to place the item in the minutes.
NOVEMBER 18, 2003 PAGE 5 CITY COUNCIL
CM/Lowry pointed out that during staff' s presentation for Agenda Item 8.1 —
Consideration of naming the Community/Senior Center, PMS/Blakey read the
results of the survey. She pointed out that the meeting minutes are a record of the
Council' sintentionsin representing the community and by remaining silent at the
end of the meeting, the Council in fact, honoredthe wish of one of their peers and
the minutes were written to reflect that wish.
5. SCHEDULE OF FUTURE EVENTS (listed on the Agenda for this meeting).
6. CONSENT CALENDAR: Moved by C/Chang, seconded by MPT/Huff to approve
the Consent Calendar with the exception of Item 6.6. Motion carried by the
following Roll Call vote (C/O' Connorvoted no on approval of P.O. 13429 on the
Warrant Register):
AYES: COUNCIL MEMBERS - Chang, O' ConnorZirbes, MPT/Huff,
M/Herrera
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
6.1 APPROVED CITY COUNCIL MINUTES — Regular Meeting of November 4,
2003—as submitted.
6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES:
6.2.1 Regular Meeting of September 23, 2003.
6.2.2 Regular Meeting of October 14, 2003.
6.3 APPROVED WARRANT REGISTERS - dated November 6 and November
13, 2003 totaling $543,127.11.
6.4 APPROVED AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT
WITH DAVID EVANS AND ASSOCIATES (DEA), INC. FOR
DEVELOPMENT OF CONSTRUCTION PLANS AND SPECIFICATIONS
FOR AMERICANS WITH DISABILITIES ACT (A.D.A.) ACCESS AND
ADDITIONAL IMPROVEMENTS AT STARSHINE PARK IN AN AMOUNT
NOT TO EXCEED $19,760, FOR A TOTAL AUTHORIZATION OF $33,230.
6.5 APPROVED LETTER OF SUPPORT FOR U.S. SENATE BILL 1716 -
FUNDING FOR MUNICIPAL STORM WATER PROGRAMS.
6.7 APPROVED EXTENSION OF CONTRACT WITH JAMES B. CLARKE FOR
LEGISLATIVE ANALYSIS AND CONSULTING SERVICES IN THE AMOUNT
OF $50,000 FOR A TOTAL OF $75,000.
6.8 AUTHORIZED THE CITY MANAGER TO APPROVE AN EXTENSION OF
PROFESSIONAL SERVICES AGREEMENT WITH ANALYTICAL
NOVEMBER 18, 2003 PAGE 6 CITY COUNCIL
PLANNING SERVICES, INC. (APSI) FOR CONSTRUCTION
MANAGEMENT SERVICES ASSOCIATED WITH THE DIAMOND BAR
CENTER AND AUTHORIZED THE USE OF CONSTRUCTION
CONTINGENCY FUNDS TO PAY FOR SERVICES ($101,237).
MATTERS WITHDRAWN FROM THE CONSENT CALENDAR:
6.6 ADOPTED RESOLUTION NO. 2003-64 APPROVING MULTI -WAY STOPS
AT BOWER CASCADE PLACE AT ACOLITO PLACE.
C/O' Connorrecused herself from deliberation on this matter and left the
dais.
C/Zirbes felt it mightbe prudentto increase enforcement on BowerCascade
and reconsiderthis matter in 60 days.
MPT/Huff said he understood that one of the Traffic and Transportation
Commissioners who voted no wasnot againstinstallationof the stop sign but
opposed to its proposed location. He pointedout that one speakerthis
evening spoke in favor of stop signs as a last resort. He stated that he
would like to see more enforcement but there is no easy way to deploy 24-
hour enforcement. He said he favored the installation as well as increased
enforcement.
C/Zirbes asked why Acolitawas chosen overMinnequafor locationof a stop
sign.
PWD/Liu explainedthat when staff received the request, both locationswere
considered. He reported that, with consideration of roadway characteristics,
the strategic location for a multi -way stop sign was Acolita.
C/Chang favored installationof the stop signswith increased enforcementas
a good first step toward mitigating speeding traffic for the safety of the
residents.
C/Chang moved, MPT/Huff seconded, to ado pt Resolution No. 2003-64
approving multi-waystops at BowerCascade Place atAcolito Place. Motion
carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Chang, Zirbes, MPT/Huff, M/Herrera
NOES: COUNCIL MEMBERS - None
I_1�r_11�IItKK�L[�II��Iu1:3�:�JKiY .g g.,
NOVEMBER 18, 2003 PAGE 7 CITY COUNCIL
ABSENT: COUNCIL MEMBERS - None
C/O' Connorreturned to the dais.
7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be
heard.
7.1 PUBLIC HEARING —ADOPTION OF ORDINANCE NO. 06(2003) RE
DEVELOPMENT CODE AMENDMENT NO. 2003-01 —RELATING TO
SLOPE LANDSCAPE/MAINTE NANCE STANDARDS.
DCM/DeStefano reported that slope maintenance standards were reviewed
by the Planning Commission in May resulting in the Commission
recommending City Council approvalof a variety of changesto theMunicipd
Code pertainingto slope maintenance standards. City Council reviewbegan
through a Study Session in September wherein Council provided staff with
direction the ordinanceshould take.
DCM/DeStefano displayed a series of slides and described the letter grade
system characterizing the quality of landscaping on majorslopes in D.B. He
defined major slopes as being those that are adjacent to major boulevards,
major streets and public highways. He explained that the highest level of
landscape maintenance would be determined by a Level A slope, generally
characterized as an irrigated landscapedarea with lush ground cover, full
coverage,verywell irrigated and maintained, insuringthat slope erosion and
slippage would not occur. The next level is a Level B slope where the
maintenance level standard is to irrigate the landscapingwith groundcover
in a satisfactory mannerinsuring that slope erosion and slippagewould not
occur. A Level C slope represents a maintenance level standard of an
irrigated slope, seasonally or at intervals sufficient to insure survival and
growth of the landscaping, and that landscaping is continued to be
maintained in a neat and general lyweed-free and debris -free manner. A D
slope would be described as an area that' siotirrigated, notwell taken care
of, may have damaged walls or fences or other areas of debris or clearly
lack attention, weeds, debris, overgrowth, vegetation and a general
unsightliness, and as a result, some of these D slopes might be actual risks
in terms of slippage because of their existing condition. A Level F slope is
the lowest in the grade system consisting of a maintenance level involving
no irrigation, damaged fences and walls are generally very obvious, there
are weeds, debris, overgrown vegetation or absolutely no vegetation. He
said that the failure to landscape and maintain properties properlycould
result in afire hazard.
DCM/DeStefano then reported that, during the study session, the Council
looked at whatothercities are doing in terms of slope maintenanceand what
NOVEMBER 18, 2003 PAGE 8 CITY COUNCIL
D.B. could do, what staff has learnedfrom developerswith locallandscaping
projects, what staff has learned from homeowners and commercial and
industrial buildingsin ourcity, whatspecies seemto work that are attractive,
that are low maintenance, maybe more water -efficient, etc. He displayed a
series of slides showing the types of ground cover, shrubs and trees
representing what hasworked or couldwork in D.B. The types ofspeciesor
similar species for slope ground cover would include: Star Jasmine, Red
Apple, Hegelian Ivy Creeping Rosemary, Creeping Daisy, Woolly Yarrow,
Carmel Creeper. He indicated that shrubs and bushes such a Mioporum
(this is quite common in the Gateway Center, as an example); Vincaminor,
Acacia Rodelins; Dwarf Coyote bush, Sunrose, Lemonade Berry, Oleander,
which is quite common, and Toyon (which can be a tree or a shrub), and
California Lilacs. Trees would include California Pepper, Carob and Italian
Buckthorne. The Council agreed during the study session of a minimum
standard of "C,'a maintenancestandard that can eliminate publichealthand
safety issues. He said that this standard establishes slope maintenance
beneficial to the public because it eliminates soil erosion, slope slippage,
storm drain pollution and fire hazards and would assist in complying with
National Pollution Discharge requirements.
DCM/DeStefano explainedthat the proposed Ordinance would affect four
different sections of the Development Code: Single Family Standards,
Multiple Family Standards, Commercial Standardsand Industrial Standards.
Each section would havea two-pagechangewhich basicallysays that these
sloped areas need to be consistently maintained in a manner that is
landscaped, that is general lyirrigated, that is free of weeds and debris. He
explained that from Council comments during study session, staff has
determined that it would be appropriateto applythese standards not only to
all yards and setback areas, but specificallyto yard areas and major slopes
abutting major streets with a 10% slope or greater.
M/Herrera opened the Public Hearing.
Edda Gahm, 672 Farben Dr., stated that she has a slope of 18,000 square
feet that she would find difficult to vegetate. Half of the slope is covered by
poison oak and the other half is stripped each year by the fire department.
She reported that she and other property owners who have slopes abutting
D.B. Blvd. would be hard pressed to vegetate and maintain their slopes.
DCM/DeStefano responded to Mrs. Gahm about her C level slope. He
stated that the slope would likely benefitfrom additionalgreenery;however,
it is in a high fire hazard area, so it is likely benefiting from frequent weed
abatement at this time and is not a target of enforcement.
There being no f urther testimony offered, M/Herrera closed the Public
Hearing.
NOVEMBER 18, 2003 PAGE 9 CITY COUNCIL
C/Chang moved, C/Zirbes secondedto approve First Readingof Ordinance
06(2003).
M/Herrera thankedthe Council Neighborhood Improvement Subcommittee,
C/Chang and C/Zirbes, for their efforts and service toward the community.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Chang, Zirbes, MPT/Huff, M/Herrera
NOES: COUNCIL MEMBERS -O'Connor
ABSENT: COUNCIL MEMBERS - None
7.2 PUBLIC HEARING — DEVELOPMENT CODE AMENDMENT NO. 2003-02
PERTAINING TO THE PERMIT PROCESS FOR PSYCHIC READERS,
ADDING AND DELETING CERTAIN PERMIT PROCESSES, CLARIFYING
THE ZONING CLEARANCE, PLOT PLAN AND DEVELOPMENT REVIEW
PROCESSES AND MODIFYING THE DEFINITION OF SPECIALIZED
TERMS AND PHRASES.
DCM/DeStefano reported that the proposed ordinance is a bundle of six
areas of MunicipalCode Amendments, all butone of which were staff driven.
He said that Article2 dealswith commercial -industrial zoning classifications
and the need to amend the tables and the uses permitted in Commercial and
Industrial Zones to allow psychic readers into those Commercial and
Industrial Zones. He explained that psychic readers, sometimes called
fortunetellers, recently received a favorable Supreme Court decision which
allows them to bean "unregulatedase permitted by right"within commercial
zones within cities. Business and land use advocates have petitioned local
cities to modify Development Codes in orderto eliminatethe requirementfor
a Conditional Use Permit approved by the PlanningCommission and amend
the Code to allowthis type of use again, by right, which would mean a staff
approval over the counter. The Planning Commission reviewed the matter
and recommended approval.He recommendedthat Office, Commercial and
Industrial Zones be amended to allow a Psychic Reader by right. The
second category, referring to a Planned Sign Program, beginsin Article V in
Chapter 22.44 which is effectively a typographical error. The term "Planned
Sign Program" was removed from the Development Code by a previous
amendment. He reported thatthe appropriateterm is "Comprehensi* Sign
Program."
DCM/Stefano explained that the next recommended change would be to
Chapters 22.46, 22.47 and 22.48 which outline the process for
developers/homeowners to followwhen they are proposing a roomaddition,
a new home, a business expansion, etc. Three different categories are
NOVEMBER 18, 2003 PAGE 10 CITY COUNCIL
proposed for review in order to avoid confusion, allow properstaff direction
and, on the developees side , clarifying the process to follow for
consideration and approval of their recommended development. Chapter
22.46 covers a zoning clearance approval by staff "overthe counter" for
small projects. He said that the amendment proposes to clarify specifically
that zoning clearances would be used for additions of 300 sq. ft. or less as
well as accessory structures, fences, walls and other similar small
improvements.
DCM/DeStefano described Chapter 22.47, Plot Plan Review wherein larger
projects are reviewed by staff and may be approved overthe counterwith a
higher level of review. He stated that a Plot Plan Review amendment is
suggested in orderto clarify thatsuch a review is requiredfor additions that
are 301 sq. ft. or greater up to 5,000 sq. ft. and may be utilized for an
addition less than half the size of the existing dwelling unit. He said that the
amendment is also meant to be a clarification for staff.
DCM/DeStefano reported that Chapter 22.48 describes the Development
Review process giving the City Planning Commission the authorityto review
certain size projects of approximately 10,000 sq. ft. or more. He said that
there is another level of authority for review that is handled by a Hearing
Officer (the Community Development Director) forreviewof newhomes upto
10,000 sq. ft. and covers other sections of the Development Code that
discuss Minor Conditional Use Permits and other types of additions to a
property. He explained that the proposed amendment would change the
threshold for Planning Commission reviewfrom 10,000 sq. ft to 5,000sq.ft.
He indicated that the Planning Commission supports the amendment.
DCM/DeStefano described two changes to the definition sections of the
Development Code—one containinga detaileddefinitionof PsychicReaders
as reco mmended by our City Attorney and the second is a lengthier
definition and much more specific definition of inoperablevehicle. He stated
that staff found that the existing definition of abandoned or inoperable
vehicles is not detailed enough to allow Neighborhood Improvement staff to
do their job effectively in the field. He reported that the proposed
amendment to the definitions had been reviewed by the City Attorney and
the City Prosecutor and determined that that type of definition is necessary
to implement the Property Maintenance Sections of the Code.
M/Herrera opened the Public Hearing.
There being no onepresentwho wished to speakon this matter, M/Herrera
closed the Public Hearing.
MPT/Huff moved, C/O' Connor seconded, to approve First Reading of
Ordinance 2003-07. Motion carried by the following Roll Call vote:
NOVEMBER 18, 2003 PAGE 11 CITY COUNCIL
AYES: COUNCIL MEMBERS - Chang, O' ConnorZirbes, MPT/Huff,
M/Herrera
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
8. COUNCIL CONSIDERATION:
8.1 APPOINTMENT OF DELEGATE TO THE WILDLIFE CORRIDOR
AUTHORITY ADVISORY COMMITTEE TO FILL VACANCY LEFT BY THE
RESIGNATION OF R.J. WILKOMM.
There was no one present who wished to speak on this matter.
MPT/Huff moved, C/Zirbes seconded, to continue the matter and directed
the subcommittee to conduct interviews. Motion carried by thefollowing Roll
Call vote:
AYES: COUNCIL MEMBERS - Chang, O' ConnorZirbes, MPT/Huff,
M/Herrera
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
8.2 ADOPTED RESOLUTION NO. 2003-09 ESTABLISHING EMPLOYER-
EMPLOYEE ORGANIZATION RELATIONS PROCEDURES.
Allen Wilson asked what prompted introduction of this ordinance. Further,
he asked when the State code section providing for this type of local
legislation was adopted.
Ahn York Lee stated that he was surprised by the conceptof this resolution
and asked how many cities in California have this kind of negotiation
process and concept of organization. He said that he was very concerned
about its origin.
C/O' Connorasked for clarification of Page 4, Section 4(b), line 4, "..shall
take no action on said request for thirty days.." — is that just a standard
timeframe?
CC/Lowry explained that it gives an opportunity for everyone involved to
take the appropriate actions.
C/O' Connorasked for clarification of Page6, Section (d) "Proobf employee
NOVEMBER 18, 2003 PAGE 12 CITY COUNCIL
supportthat at least thirty percent of the employees..She wonderedif30%
is enough?
CC/Lowry explained that in order for the members to decide to hold an
election to de -certify, a minimum amountof members should be established.
30% would indicate that there is sufficient interest to have an election to
dismantle the bargaining unit.
M/Herrera explainedthat this evolved as a result of interest by a couple of
employees. She said that the City did not have a resolution or process and
felt it would be better to be proactive rather than reactive.
C/O' Connorindicated that she did not understand thatthe specificsection of
the Resolution refers to holding an election.
CA/Jenkins respondedto Mr. Wilson that the reference on Page 1 of the
resolution is to a chapter in the California Government Code, which is the
law that governs the organization of public employees and the specific
authorization. In response to C/O' Connor, he explained that the first full
paragraph on Pagel states that after the petition has been processed and
reviewed, the employee relations officer can conducta secretballot election
in accordance with Section VI.
In response to C/O' Connor,CM/Lowry explainedthat nearly every City has
an employer-employee relations resolution. She further stated that most
cities have bargaining units, but that D.B. is the exception.
MPT/Huff moved, C/Zirbes seconded, to adopt Resolution 2003-39
establishing Employer -Employee Organization RelationsProcedures.Motion
carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Chang, O' ConnorZirbes, MPT/Huff,
M/Herrera
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
�1�d lel C•31 ��1-a�•����i���ir.r:7=11*01A&K919111i,MIMLTiI=1LT11-1=139161TiILTiII=Qk&5
C/Chang acknowledged tonight' secognition of the Veterans. He reported that the
Diamond Bar Center is nearing completion and many residents and people from
neig hboringcommu nities are lookingforward to leasing the facility. He commended
staff for their efforts on behalf of the community.
C/O' Connorreported that she attended the California Contract Cities Association
Executive Committee meeting on November 5 and participated in discussions on
their initiative that is slated for vote in November2004. She asked that this matter
NOVEMBER 18, 2003 PAGE 13 CITY COUNCIL
be placed on the December 2 City Council agenda. Further, she reported that on
November 9, she attended the memorial service for Don Gravdahl, a past Traffic
and Transportation Commissioner and long-time resident. She said she also
attended an Eagle Scout Court of Honor that honored a young man who
participated in community service efforts at Peterson Park. She said that on
November 12, she participated in a D.B.H.S. Pathways Academy Mentor Program
and thaton November 12, the Youth Think Tanktook place at Diamond Ranch High
School. She reported that, in spite of a tremendous rainstorm, about 30 youth
participated and she found it interestingthat the youth who participated in theYouth
Master Plan exercise were interested in nutrition, safety issues, counseling
services, SAT preparation, a safe place for youth and safety in the area of the
Country Hills Towne Center Theatre, etc. She thanked all that participated. She
also reported that on November 14, the Youth Master Plan Steering Committee met
to summarize the think-tank meeting and on November 5, the D.B. Community
Foundation sold over 80 signs. She reported that the Foundation has sold more
than 500 street signs and has approximately700 signs available. She saidthatshe
met with the Community Coordinating Committee the eveningbefore and that many
groups are looking to use the Diamond bar Center upon its completion. She
reported that the Foundation' s;ommemorative tiles have arrived and are readyfor
installation. She congratulated M/Herrera and MPT/Huff on their reelectionto the
City Council. She believed that although she supported different candidates for
Council, the Council would continue to work together on behalf of the community.
C/Zirbes congratulated M/Herrera and MPT/Huff on their reelection. He felt that
they ran very clean campaigns and he felt certain the community benefited from
their information. He reported that he continues to work on neighborhood
improvement to benefit the community. The committee recently met the new part-
time weekendcode enforcement officer to bring him up to speed on the needs and
desires of the Council and community. He indicated that he chairs the Sports
Complex Task Force that has met twice in recent weeks and that the seven -
meeting plan will conclude in March 2004 with a report to Council. He said he
continuesto workwith staff and the newownerof the Country Hills Towne Centerto
locate market in thecenterandthattodaythe majority of shoppingcentershave a
lowvacancy rate. He reported that one of the most remarkable events he and his
wife attendedwas the Vector Control meeting since it was veryencouragingfor him
to see the deep and abiding respect and trust that the organization has for Dexter
MacBride, the D.B. representative. He thanked the Veterans who participated in
tonight' sevent. He then asked M/Herrera to schedule a study session to address
the possibilityofa shortfall from the state. He said he looked forward to working
with them during the next two years and thanked them for their support.
MPT/Huff spoke aboutthe competitive process of political elections and stated that
the citizens have indicated they like the direction of this Council and want us to set
aside ourdifferences and move forward with the business of the City. He thanked
those who helped him during the election. He stated that he welcomed input from
community members and thathe was honored by the trust the residentshave putin
NOVEMBER 18, 2003 PAGE 14 CITY COUNCIL
him by electing him to a third consecutive term.
M/Herrera thanked all of the peoplewho voted for her and returned herto office.
She thanked herwonderfulfriends and residents of D.B. whoworked so hardon her
campaign as well as Mr. Huff scampaign. She said that she greatlyappreciatedthe
confidence of her constituents who returned her to office and that she was
particularly proud that this is the seventh consecutive time that she had been
elected by the voters of D.B. She felt that there was a lotof contentious behaviorin
this difficult campaign, but that the people have spoken and it is non-productive to
continue with mean -spiritedness. She indicated that it is time to move forward to
work togetheron the numerous projectsthat will benefitthe City. She congratulated
the D.B. Veterans recognized this evening. She reported that she attended the
Sports Complex Task Force meeting and congratulated C/Zirbes on his fine
leadership. She thought the ideas expressed were very helpful. She thanked the
City Council for theirhard work on thevarious Council subcommittees and thanked
staff for their outstanding work as well as the residents for their support.
10. ADJOURNMENT: There being no further business to conduct, M/Herrera
adjourned the meeting at 9:59 p.m.
LYNDA BURGESS, CITY CLERK
The foregoing minutes are hereby approved this day of
2004.
CAROL HERRERA, MAYOR
6.1.4
CITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION DRAFT
DECEMBER 2, 2003
STUDY SESSION: Mayor Herrera called the Study Session to
order at 5:40 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 Terri/Huff and Mayor Herrera
Also present were: Linda Lowry, City Manager; Mike Jenkins, City
Attorney; James DeStefano; Deputy City Manager; David Doyle, Deputy City
Manager; David Liu, Director of Public Works; Bob Rose, Community Services
Director; Linda Magnuson, Finance Director; April Blakey, Public Information
Manager; Ann Lungu, Associate Planner; Fred Alamolholda, Senior Engineer;
Sharon Gomez, Management Analyst; Kim Crews, Senior Management Analyst;
Jim Clarke, Consultant and Lynda Burgess, City Clerk.
Grand Avenue Beautification Project and Adel/Gerndahl Traffic
Calming Project.
PWD/Liu introduced Walt Lundinand Surender Dewan, Civil Engineers
from DLA; Charles Foley, Landscape Architect from Hirsch & Associates
and Rock Miller with Katz Okitsu and Associates. He reported that the
project estimate is $1.5 million which includes resurfacing Grand Ave.
from Diamond Bar Blvd. to the freeway along with landscaping. He
pointed out that staff is not proposing that the eastern half of Grand Ave.
be resurfaced at this time. He recommended that the following timetable
be considered so that construction can begin in June: 1) Give consultants
direction to finalize design plans in February, 2004; 2) receive the design
from the consultants in March or April; 3) begin advertising in April and 4)
begin construction in June when traffic is less intense.
Regarding the asphalt, C/Chang asked whether the total budget is $2.5
million?
PWD/Liu responded that that is the total construction cost for the entire
project between the freeway and the easterly City limit.
C/Chang confirmed that for the asphalt, the cost is $1.5 million.
C/Zirbes asked when the CalTrans freeway closureswill be open again?
PWD/Liu reported that the Grand Ave. eastbound onramp should be open
February 04.
C/Zirbes asked whether future design considerations regarding the
intersection of Grand and Golden Springs will take into accountany future
developmentthat might take place on the corner.
DECEMBER 2, 2003 PAGE 2 CC STUDY SESSION
PWD/Liu indicatedthat the project team is looking intothat right nowand
a design of the left turn pocket on westbound Grand Ave. into the property
that' salreadythere.
Rock Miller reported that a traffic study was prepared for this project. He
highlightedkey findingsofthe study: 1) there are nota lot ofoptionsthat
could be done in the corner without a lot more growth in the project than
currently considered; 2) identified a potential project on Golden Springs
that would allow all the lanes to be narrowed somewhat to squeeze an
additional lane toward the freeway but itwould eliminate the raised
median and is not currently part of the recommendation; it would improve
the traffic capacity of the street but it would still be rated a level of service
F; 3) the actual intersection of D.B. Blvd. and Grand Ave. does not have a
lot of design options but the left turn onto S. D.B. Blvd. from Chino Hills is
heavily congested and he recommended that the three -lane section be
extended along D.B. Blvd. to just beyond Mountain Laurel; 4) analyzed the
capacity of the street east of D.B. Blvd. to see if it should be re -striped for
more lanes but there is so much less traffic, that itdidn' tmake a lot of
sense to do this; 5) will recommend some minor re -striping treatments at
some of the unsignalized residential accesses to create a "paintedrefuge"
in the middle that would allow residentsto pull out in the median and wait
for a gap in the traffic; 6) a companion project to optimize the signals
along Grand and D.B. and streets in the area and the project has been
approximately 99% implemented so far.
Chuck Foley, Hirsch and Associates, gave a power point presentation
showing existing conditions of the landscaping and pointed out that
excess irrigation water is deteriorating the asphalt in several areas. He
stated that one of the causes of the runoff is due to the topography with
high slopes along the streets. He stated that the problem can be
addressed by changing the plantings to limit the runoff. The second
condition promoting runoff is the berms in some of the smaller parkways.
Since there is extensive tree planting within the median now, he
suggested that the City work with what it has already and attempt to
beautify certain areas within Grand Ave. He stated that his firm is looking
for direction from the City regardingthe eucalyptus trees because some of
them are located so close to curb or asphalt that, within the near future,
those trees will lift the curb and affect the streetscape.
Walt Lundin, DLA, stated that the street rehab is a fairly simple approach
involving removal of 2" of asphalt and replacing it with overlay. He
reported that there are some sections where some reconstruction may be
necessary. Further, he stated that some intersection improvements would
be part of the project. He outlined the options available for consideration:
1) leave the intersections as they are now; 2) apply color and stamped
concrete at a cost of $125,000 more per intersection; or 3) install a very
simple or intricate design at the intersections of Golden Springs/Grand
DECEMBER 2, 2003 PAGE 3 CC STUDY SESSION
and D.B. Blvd./Grand Ave. showing a D.B. symbol in the middle of the
intersection but it is a lot more expensive.
C/O' Connorasked how the design in the intersections would affect traffic?
She also asked whether the lane striping would still exist across the
intersection?
PWD/Liu stated that the lane lines could be incorporatedinto the design.
C/O' Connor said she did not want to see the large old-growth trees
removed.
DCM/DeStefano said that on the east side of Grand Ave. at Golden
Springs just past Calvary Chapel, there would be a left turn pocket
allowing vehicles to enter the new center below the Montefino condos. He
explained that it would be a lengthy left turn pocket and would require the
removal of some Eucalyptus trees.
C/O' Connor said she could see taking out some ofthe trees to
accommodate the left turn pockets.
MPT/Huff agreed with the comment. He said he was concerned about
runoff and wanted to preserve as many trees as possible. Perhaps the
City could take out one tree at a time as necessary as long as there were
new trees coming along to replace those eliminated trees.
M/Herrera asked if some of the trees in the Grand Ave. medi an were
some of the original trees planted in D.B.
DCM/DeStefano responded that he did not believe the Grand Ave. trees
were the original plantings because there are much bigger trees at the
south end of D.B. at Brea Canyon and D.B. Blvd. which are appro)amately
36" and 48"in diameter. He indicated that there may be some older trees
on Grand Ave. but the oldest trees are located in the south end of town.
CSD/Rose explainedthat one option would be to remove all of the trees.
He said that another option would be to remove the ones that needed to
be removed --approximately seven oreight--becauseof the berming and
because they are close to the curb. He explained that they would be
replaced in accordance with the planting program for the medians; and by
planting the trees nowthey could be placed atthe proper grade to
eliminate the problemwith the berm.
MPT/Huff said that in that particular location, there are some pretty high
hillsides. He felt that the trees fill the gap and present a good balanceand
did not believe the palette of trees that the City was currently planting
would give that type of height becausethey were more of a median type
DECEMBER 2, 2003 PAGE 4 CC STUDY SESSION
tree. He stated that he was not in favor of removing trees other than those
required to access the shopping center. He felt it was a beautiful entry
into the City and should be preserved.
PWD/Liu explained that modifications to meet ADA requirements are
being included in the project.
C/Zirbes asked if the areas of sidewalks that are damaged or missing
entirely, but are not required as ADA improvements , would then be
included in the project?
PWD/Liu explained that between the freeway and D.B. Blvd., there are
limited opportunities for landscaping improvements but better
opportunities existfor the area of Grand Ave. east of D.B. Blvd.
Charles Foley, Hirsh and Associates, responded that the presentation
included improvements from face of curb to face of curb within the street
as well as hardscape improvements.
CM/Lowry asked if $1.3 is required for the western half of the Grand Ave?
Then we would need an additional $100,OOObecause we have $1.2
budgeted right now. In the future, we would continue to accumulate the
allotment of street funds with the expectation that we would finish the
project in the future.
C/Chang agreed that the City should not remove any trees that were not
necessaryto be removed atthis time.
PWD/Liu requested approval for Phase I of the project which includes
asphalt and concrete between the freeway and D.B. Blvd. along with
landscaping.
C/Zirbes suggested that the City move ahead with the project because the
area is highly traveled, is in disrepair and should be readied for future
development.
C/Huff asked whether the approval would include the stamped
intersection?
M/Herrera explained that she did notfeel comfortable eliminatingthe dots
which separate the turn lanes.
PUBLIC COMMENTS: None Offered.
MPT/Huff asked the life expectancyof the pavement
DECEMBER 2, 2003 PAGE 5 CC STUDY SESSION
PWD/Liu recommended replacing the entire section of pavement. He
explained that total reconstruction would provide a 10-15 year life while a
two-inch overlayservice life would be between 5 and 10 years.
Council agreed to supportstafr ssuggestionto move ahead.
ADJOURNMENT: With no further business to conduct, M/Herrera
adjourned the Study Session to the regularmeeting at 6:35 p.m.
LYNDA BURGESS, City Clerk
The foregoing minutes are hereby approved this day of
2004.
ATTEST:
CAROL HERRERA, Mayor
6.1.5
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
DECEMBER 2, 2003 DRAFT
CLOSED SESSION: 5:00 p.m., Government Center/SCAQMD Room
CC -8.
Public Comments on Closed Session Agenda
Government Code Section 54957 — Public Employee Performance
Evaluation. Title: City Manager
No reportable action taken.
ADJOURNED TO STUDY SESSION: 5:30 P.M.
STUDY SESSION: Mayor Herrera calledtheStudy Sessionto order
at 5: 40 p.m. in Room CC -8 of the South Coast Air Quality Management
District/Government Center, 21865 Copley Dr., Diamond Bar, CA.
Grand Avenue Beautification Project and Adel/Gerndahl Traffic Calming
Project.
K Public Comments
M/Herrera adjourned the Study Session at 6:35 p.m. to the Regular City Council
meeting.
CALL TO ORDER: MayorHerrera called the meeting to orderat 6:50
p.m. in the Auditorium of The Government Center/SCAQMD, 21865 Copley Dr.,
Diamond Bar, CA.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was lead by Mayor
Herrera.
INVOCATION: The Invocation was given by Ahmad Sakr, PhD,
Islamic Education Center.
ROLL CALL: Council Members Chang, O' Connor, Zirbes,
Mayor Pro Tem Huff, and Mayor Herrera.
Also present were: Linda Lowry, City Manager; Mike Jenkins, City
Attorney; Jim DeStefano, Deputy City Manager; David Doyle,Deputy City Manager;
David Liu, Public Works Director; Bob Rose, Community Services Director; Linda
Magnuson, Finance Director, and Lynda Burgess, City Clerk.
APPROVAL OF AGENDA: CA/Jenkins reported a recent change in the
Government Code requiringthat city councils must wait to reorganizeuntil the next
regular meeting after certifying the results of their elections. He stated that as a
DECEMBER 2, 2003 PAGE 2 CITY COUNCIL
result, Council had two options: 1 ) continue with the reorganization at tonight' s
meeting and ratify the selection atthe next regularly scheduled meeting with a
report to Council listed in the form of a Consent Calendaritem or, 2) postpone the
matter to the next regularly scheduled Council meeting.
MPT/Huff moved, M/Herrera seconded,to continue the reorganization of the City
Council to the next regular meeting of December 16, 2003. Motion carried by the
following Roll Call vote:
AYES: COUNCIL MEMBERS - Chang, O' ConnorZirbes, MPT/Huff,
M/Herrera
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
POST ELECTION PROCEDURES
1.1 ADOPT RESOLUTION NO. 2003-66: A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, RECITING THE
FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER
4, 2003, DECLARING THE RESULT AND SUCH OTHER MATTERS AS
PROVIDED BY LAW.
C/Zirbes moved, C/O' Connorsecondedto adopt Resolution No. 2003-66.
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
1.2 ADMINISTRATION OF OATHS OF OFFICE TO COUNCIL MEMBERS
ELECT CAROL HERRERA AND BOB HUFF BY CONGRESSMAN GARY G.
MILLER.
Congressman Miller administered the Oaths of Office.
M/Herrera said it was a pleasureto have been elected for a third term. She
thanked the community for their faith in her and appreciation for work she
has done on behalf of D.B. She especially thanked the individuals who
assisted in her campaign.
MPT/Huff echoed M/Herrera' ssentiments. He also thanked the community
for placingtheir trust in him once again and looked forward to continuing to
build for the future of D.B.
DECEMBER 2, 2003 PAGE 3 CITY COUNCIL
2. CITY COUNCIL REORGANIZATION —Continued to December 16, 2003.
RECESS: M/Herrera recessed the meeting at 7:06 p.m.
RECONVENE: M/Herrera reconvened the meeting at 7:27 p.m.
3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
3.1 Presentation by the Diamond Bar Community Foundation donating funds
toward purchase of snow for the City' sWinter Snow Fest— Presentation of
$3,275 check by Member Jody Roberto.
4. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered.
5. PUBLIC COMMENTS: Eileen Lazarre updated the Council on the
Allegro complex trash collection charge problems she spoke about at a recent City
Council meeting. She said that the City met with Valley Vista to resolve their
accounting discrepancies. She indicated that she had spoken with Valley Vista on
several occasions in an effort to negotiate the 100% increase and erroneous late
fee to no avail and she did not understandwhy they were allowed to increase their
contract by such a large amount. She felt the City would want to reconsidertheir
contract with Valley Vista.
M/Herrera suggested that the Allegro Homeowners Association paythe late fee and
continue negotiations to resolve the matter.
Ms. Lazarre indicated that although Valley Vista initially agreed during the meeting
with the City, they later decided not to waive the late fee.
M/Herrera said she would discuss the matter with staff.
Ms. Lazarre also expressed concerns regarding control on Pathfinder Road
between Brea Canyon Road and Fern Hollow.
PWD/Liu respondedthat staff is workingwith Caltrans to resolvetraffic signalization
timing and with the high school to resolve on-site circulation and the matter should
be resolved within a month.
Joe McManuscongratulatedM/Herrera and MPT/Huff on theirre-electionto theCity
Council. He read and commented on a letter to the editorwritten by Mary Matson.
Judy Pai said that her company was concerned about the amount of red curbing
recommended for Earlgate Street. Some of the employeesand customers park on
Earlgate. Placement of red curbing would eliminate the parking space and
adversely impact the well-being of their business. She respectfully requested the
Council review the request and consider reducing the amount of red curbing to a
reasonable amount required for visibility.
DECEMBER 2. 2003 PAGE 4 CITY COUNCIL
Marie Buckland rebutted comments made by Mr. McManus.
6. RESPONSE TO PUBLIC COMMENT: C/O' Connor asked if the Allegro
complex had an optionto move to individualcontainersand contractingwith Waste
Management under residential rather than commercial.
PWD/Liu said that he understood that the physical constraints at the complex
precluded individual containers. There are 22 bin areas and over 120 units.
C/O' Connorasked to see a copyof the letter read by Mr. McManus. The only letter
she saw written by Mary Matson appeared in the San Gabriel Valley Tribune. She
reported that she had nothing to do with that letter.
7. SCHEDULE OF FUTURE EVENTS:
As presented in the Agenda for this meeting.
8.0 CONSENT CALENDAR: Moved by C/Chang, seconded by C/O' Connor to
approve the Consent Calendar, with the exception of Items 8.8 and 8.11. Motion
carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Chang, O' Connor7-irbes, MPT/Huff,
M/Herrera
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
8.1 RECEIVED AND FILED PARKS & RECREATION COMMISSION MINUTES
- Regular Meeting of October 23, 2003.
8.2 RECEIVED AND FILED TRAFFIC & TRANSPORTATION COMMISSION
MINUTES - Regular Meeting of October 9, 2003.
8.3 APPROVED WARRANT REGISTER - DATED November 20, 2003 in the
amount of $584,213.45.
8.4 APPROVED SECOND READING OF ORDINANCE NO. 06(2003)
ADOPTING DEVELOPMENT CODE AMENDMENT NO. 2003-01
PERTAINING TO SLOPE MAINTENANCE STANDARDS SECTION
22.34.030, 22.34.040, 22.34.050 AND 22.34.060 AND AMENDING THE
DIAMOND BAR MUNICIPAL CODE.
8.5 APPROVED SECOND READING OF ORDINANCE NO. 07(2003)
ADOPTING DEVELOPMENT CODE AMENDMENT NO. 2003-02
PERTAINING TO CHAPTER 22.10 -PERMIT PROCESS FOR PSYCHIC
DECEMBER 2. 2003 PAGE 5 CITY COUNCIL
READERS, CHAPTER 22.44 — DELETING THE PLANNED SIGN
PROGRAM PROCESS, CHAPTER 22.46 — ZONING CLEARANCE,
CHAPTER 22.47 — PLOT PLAN REVIEW, CHAPTER 22.48 —
DEVELOPMENT REVIEW AND CHAPTER 22.80 —DEFINITIONS AND
AMENDING THE DIAMOND BAR MUNICIPAL CODE.
8.6 REVIEWED AND APPROVED TREASURER' S STATEMENT —Month of
October 2003.
8.7 REJECTED CLAIM —FILED BY KIRK SALMON. FILED October 31. 2003.
8.9 APPROVED AGREEMENT WITH LOS ANGELES COUNTY LIBRARY
SYSTEM TO OPERATE NEW LIBRARY.
8.10 APPROVED LETTER IN SUPPORT OF SB1 -5X (BRULTE): VEHICLE
LICENSE FEES.
MATTERS WITHDRAWN FROM THE CONSENT CALENDAR:
8.8 ADOPTED RESOLUTION NO. 2003-67 SUPPORTING THE LOCAL
TAXPAYERS AND PUBLIC SAFETY PROTECTION ACT: A STATEWIDE
BALLOT INITIATIVE TO REQUIRE VOTER APPROVAL BEFORE THE
STATE GOVERNMENT MAY TAKE LOCAL TAX FUNDS.
C/O' Connormoved, C/Zirbes seconded, to adopt Resolution No. 2003-67.
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
8.11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
INSTALLING 120 FEET OF RED CURB SOUTH OF EARLGATE STREET
AND 260 FEET OF RED CURB NORTH OF EARLGATE STREET ON THE
WESTERLY SIDE OF LEMON AVENUE.
Moved by MPT/Huff, seconded by C/Zirbes to continue the matter to
December 16, 2003. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Chang, O' Connor Zirbes, MPT/Huff,
M/Herrera
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
9. PUBLIC HEARINGS: None
DECEMBER 2, 2003 PAGE 6 CITY COUNCIL
RECESS TO REDEVELOPMENT AGENCY: 8:15 p.m.
RECESS TO PUBLIC FINANCING AUTHORITY: 8:26 p.m.
RECONVENE CITY COUNCI L MEETING: 8:31 p.m.
10. COUNCIL CONSIDERATION:
10.1 ADEL/GERNDAHL TRAFFIC CALMING PROJECT — continuedfrom Study
Session.
Council agreed to install the traffic signal but to wait on medians and bulb
outs until signal effectiveness has been evaluated.
11. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
C/Chang spoke aboutthe City' srevenue and the state' ssubventions. All Council
Members, approximately 20 residents, the City Manager, Deputy City
Managersand other staff members attended the SCAG Compass PublicWorkshop
held atthe Ontario Convention Center addressing future traffic and growth
problems in the Southern California region. He said that the City faces serious
challenges abouthowto resolve these problems in the future.
C/O' Conn orencouraged everyone to be careful during the holiday season and to
have a designated driver when attending partiesthat serve alcoholic beverages.
C/Zirbes asked residents to shop Diamond Bar during the holiday season. He
stated that, as a former Planning Commissioner, it was interestingandfun attending
the Compass Public Workshop and participating in a vision forthe Inland Empire
and surrounding areas. He indicated that he has attended a number of meetings
during the past two weeks including the notable Chamber Board meeting that he
attended along with DCM/DeStefano. He also stated that he metwith theprincipals
of both high schools on different issues as well as residents to discuss issues
important to them in their neighborhoods.
MPT/Huff spoke about the Compass workshop being an outgrowth of the Four
Corners regional planning. He reported that a lot of the traffic stems from
population centers being a greatd istance from job centers andthat ifjobscould be
moved closer to workers, the flow of traffic could be reversed. He said that he
attended a Foothill Cluster meeting duringwhich transit-orienteddevelopmentwas
discussed. He reported that Foothill Transit asked the Federal Government for
money to helpbuild Park -n -Ride facilities becausea key West Covina Park -n -Ride
facility was lost last yearand the loss of the facility broughtit home that the region
needs a key locationto developthe commuter business. Further, he indicatedthat
Foothill Transit is in the process of losing a Park -n -Ride facility at the Puente Hills
DECEMBER 2, 2003 PAGE 7 CITY COUNCIL
mall but that the City of Industry provided space by their city hall which is off the
beaten path. He reported that he, CM/Lowry and staff enjoyed greeting third
graders during their City Hall tour from Quail Summit Elementary School. He
reminded everyone take a little extra time to enjoy your family and relationships
during the holiday season.
M/Herrera spoke about the Southern California Association of Governments
(SCAG) workshop. She explained that SCAG is composed of 6counties from
Riverside/San Bernardino County to Imperial County serving 17 million people —
half the population of the entire State of California. Reports written by SCAG are
significant because
projects written in their report are eligible for state and federal funding. She
reported that D.B.' sparticipationwas significantand focused on improved freeways
and bypass roadways and that there were enough participants from D.B. to cover
each breakout group. She said that her group' ssolution for traffic is increased
freeway capacities and a bypass roadway. She reminded residents that it is
important to recycle — especially ink printer cartridges and indicated that plastic
envelopesare providedfor mailing and the recycling effort provides D.B. with extra
credits. She announced that the Council reorganization would take place on
December 16.
10. ADJOURNMENT: There being no further business to conduct, M/Herrera
adjourned the meeting at 9:07 p.m. in memory of Wendy Keel.
LYNDA BURGESS, CITY CLERK
The foregoing minutes are hereby approved this day of
2004.
CAROL HERRERA, MAYOR
CITY OF DIAMOND BAR
CITY COUNCIL STUDY DECEMBER 16, 20 3SSION DRAFT
STUDY SESSION: Mayor Herrera called the Study Session to order at
4:37 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 Ten-VHuff and Mayor Herrera
Also present were: Linda Lowry, City Manager; Mike Jenkins, City
Attorney; James DeStefano; Deputy City Manager; David Doyle, Deputy City
Manager; David Liu, Director of Public Works; Bob Rose, Community Services
Director; Linda Magnuson, Finance Director; Fred Alamolholda, Senior Engineer;
Kim Crews, Senior Management Analyst; Nancy Whitehouse, Executive
Assistant and Lynda Burgess, City Clerk.
DUE TO TECHNICAL PROBLEMS, NO TAPE EXISTS FOR THIS MEETING
Earlgate Red Curb
Following a report by PWD/Liu, discussion continued regarding placement
of red curb at Earlgate and Lemon. Staff was directed to continue
reviewing the circumstances atthat intersection and work with the
property owner on the parking issue. Staff was also directed to make
additional findings regarding safety matters in that area so the item could
be returned to the City Council in 90 days.
Diamond Bar Center Grand Opening Update
Following a report by DCM/Doyle regarding the current plans for the grand
opening, discussion took place about the nature of grand opening
sponsorships, the method of obtaining sponsorships and what the
sponsorshipswill represent.
Finance Review
a) VLF — CM/Lowry reported on current state actions in terms of the
impact on the balance of the City' srevenue estimates for this year.
Discussion centered on itemizing a number of budgeted and
currently planned construction projects and Council directed staff to
postpone awarding construction contracts on three budgeted
projects: the Grand Avenue beautification betterment, slurry seal
for Area I and the Grand Avenue median improvements. Staff and
Council will review the matters again when the revenue situation is
clear and a determination whether to award the three contracts will
be made at that time.
DECEMBER 16, 2003 PAGE 2 CC STUDY SESSION
b) Status of Bond Issuance
Council and staff reviewed the financial position ofthe bond
accounts held by the Public Financing Authority along with
forecasted interest costs and other costs associated with the
variable rate bond. T he review was conducted to make a
determination about how the City could set aside funds either to
pay down the balance due on the bonds in advance or create a
bond sinkin g fund. Council expressed an interest in future
budgeting for the debt service to allowthe City to use any savings
in that budget to prepay the principle balance on the bonds,
reducing the interest amount and providing an opportunity to pay
the bonds off early. In addition, Council and staff discussed the
letter of credit cost included in the estimated rate provided to the
City by the financing agent. Council directed staff to bring Mr.
Kosmont backto the City to further review disclosure of the costs of
the letter of credit and discuss ways that the City could, in the
future, mitigate that cost or replace it by a different means of
collateral izing the bonds.
Business Licensing
DCM/DeStefano recommended a combined registration and licensing
program; however, Council was not in a position to direct staff to proceed
with municipal code amendments. Council asked staff to bring the matter
back in a few months.
Public Comments
Regarding the Business Licensing program, Chamber of Commerce
Executive Director Jeff Koontz suggested that the Chamber meet with the
City Council Economic Development Subcommittee.
ADJOURNMENT: With no further business to conduct, M/Herrera
adjourned the Study Session to the Regular Meeting at 6:10 p.m.
LYNDA BURGESS, City Clerk
The foregoing minutes are hereby approved this 6th dayof January, 2004.
CAROL HERRERA, Mayor
Agenda 6.1.7
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
DECEMBER 16, 2003
STUDY SESSION: Mayor Herrera called the Study Session to
order at 4:37 p.m. in Room CC -8 of the South Coast Air Quality Management
District/Government Center, 21865 Copley Dr., Diamond Bar, CA.
Public Comments
M/Herrera adjourned the Study Session at 6:10 p.m. to the Regular City Council
meeting.
CLOSED SESSION: 6:10 p.m., Government Center/SCAQMD
Room
CC -8.
CONFERENCE WITH REAL PROPERTY NEGOTIATORS:
GOVERNMENT CODE SECTION 54956.8
Property: 5.4 acre parcel located at Diamond Bar Boulevard at the Pomona
(SR 60) freeway to the City; Parcel 2 of Tract 10208 (Assessor's Parcel 8703-
002-029)
City Negotiators: City Manager, Deputy City Manager, City Attorney
Negotiating party: Canyon Wash, LLC
Under negotiation: Price and terms of payment
Closed Session adjourned at 6:43 p.m.
CALL TO ORDER: Mayor Herrera called the meeting to order at
6:56 p.m. in the Auditorium of The Government Center/SCAQMD, 21865
Copley Dr., Diamond Bar, CA.
CM/Lowry reported that the Study Session consisted of a continued discussion
regarding placement of red curb at Earlgate and Lemon. Staff was directed to
continue reviewing the circumstances at that intersection and work with the
property owner on the parking issue. She explained that staff was also directed
to make additional findings regarding safety matters in that area so the item
could be returned to the City Council in 90 days.
Regarding the Diamond Bar Center grand opening, CM/Lowry reported that
staff presented the current plans for the grand opening during the Study
Session. She indicated that there was discussion about the nature of grand
opening sponsorships, the method of obtaining sponsorships and what the
sponsorships will represent.
DECEMBER 16, 2003 PAGE 2 CITY COUNCIL
Regarding the VLF outcome and Finance review, CM/Lowry said that current
state actions were reviewed with Council in terms of the impact on the balance
of the City's revenue estimates for this year. She reported that discussion
centered on itemizing a number of budgeted and currently planned construction
projects and Council directed staff to postpone awarding construction contracts
on three budgeted projects: the Grand Avenue beautification betterment, slurry
seal for Area I and the Grand Avenue median improvements. She indicated that
staff and Council will review the matters again once the revenue situation is
clear and a determination whether to award the three contracts will be made at
that time.
CM/Lowry reported that Council and staff thoroughly reviewed the financial
position of the bond accounts held by the Public Financing Authority along with
forecasted interest costs and other costs associated with the variable rate bond.
She explained that the review was conducted to make a determination about
how the City could set aside funds either to pay down the balance due on the
bonds in advance or create a bond sinking fund. She said that Council
expressed an interest in future budgeting for the debt service in a way that
would allow us to use any savings in that budget to prepay the principle balance
on the bonds, reducing our interest amount and giving us an opportunity to pay
the bonds off early. She further explained that Council and staff discussed the
letter of credit cost included in the estimated rate provided to the City by the
financing agent and Council directed staff to bring Mr. Kosmont back to the City
to further review disclosure of the costs of the letter of credit and discuss ways
that the City could, in the future, mitigate that cost or replace it by a different
means of collateralizing the bonds.
Regarding Business Licensing, CM/Lowry reported that DCM/DeStefano
recommended a combined registration and licensing program. She stated that
Council was not in a position to direct staff to proceed with that. She said that,
instead, Council asked staff to bring the matter back in a few months.
CA/Jenkins announced that the City Council recessed into Closed Session to
discuss acquisition of the property described on the agenda. He reported that
no reportable actions were taken during the Closed Session.
PLEDGE OF ALLEGIANCE: Mayor Herrera led the Pledge of
Allegiance.
INVOCATION: Ahmad Sakr, PhD, Islamic Education
Center, gave the Invocation.
ROLL CALL: Council Members Chang, O'Connor,
Zirbes, Mayor Pro Tern Huff, and Mayor Herrera.
Also present were: Linda Lowry, City Manager; Mike Jenkins, City
Attorney; Jim DeStefano, Deputy City Manager; David Doyle, Deputy City
DECEMBER 16, 2003 PAGE 3 CITY COUNCIL
Manager; David Liu, Public Works Director; Bob Rose, Community Services
Director; Linda Magnuson, Finance Director, and Lynda Burgess, City Clerk.
APPROVAL OF AGENDA: As presented.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Proclaimed December 2003 as "Drunk and Drugged Driving (3D)
Prevention Month.
1.2 Presented City Tile to V -Tek as Business of the Month,
December 2003 and displayed Business of the Month video.
2. CITY COUNCIL REORGANIZATION
2.1 SELECTION OF MAYOR
M/Herrera nominated C/Zirbes as Mayor. C/Chang nominated
C/O'Connor.
There being no further nominations, M/Herrera closed the
nominations.
Council Member Zirbes was selected as Mayor for the ensuing
year by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Herrera, Huff, Zirbes
NOES: COUNCIL MEMBERS - Chang, O'Connor
(cast their votes for
O'Connor)
ABSENT: COUNCIL MEMBERS — None
2.2 SELECTION OF MAYOR PRO TEM
M/Zirbes nominated C/Herrera. C/O'Connor nominated C/Chang.
There being no further nominations, M/Zirbes closed the
nominations.
Council Member Herrera was selected as Mayor Pro Tern for the
ensuing year by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Chang, Herrera, Huff,
Zirbes
NOES: COUNCIL MEMBERS - O'Connor (cast her vote for
C/Chang)
ABSENT: COUNCIL MEMBERS — None
DECEMBER 16, 2003 PAGE 4 CITY COUNCIL
2.3 PRESENTATIONS TO OUTGOING MAYOR CAROL HERRERA
Presentations were made to MPT/Herrera by Jim Starkey,
Senator Margett's Office; David Farnham, Congressman Miller's
Office; Corey Calacay, Assembly Member Pacheco's Office and
Dickie Simmons, Supervisor Knabe's Office.
M/Zirbes presented a shadowbox to MPT/Herrera containing both
of the Mayor's gavels representing her two terms as Mayor.
RECESS: M/Zirbes recessed the meeting at 7:30 p.m. for a reception.
RECONVENE: M/Zirbes reconvened the meeting at 7:58 p.m.
3. CITY MANAGER REPORTS AND RECOMMENDATIONS. None
Offered.
4. PUBLIC COMMENTS:
Clyde Hennessee stated that he looked forward to another two
good years.
Allison O'Connor expressed her disappointment with the selection of
Mayor and Mayor Pro Tem. Ms. O'Connor indicated that a new system of
selecting Mayor and Mayor Pro Tern should be considered.
Judy Pai spoke regarding item 7.6, the Earlgate red curb. She thanked
Council and the staff for their concern about the parking issue on
Earlgate and Lemon. She announced that she had met with City staff
that afternoon and requested that the red curb matter be continued to
another date so that a solution to the parking issues could be worked out.
She announced that her company is working to find a new warehouse in
or around D.B. to resolve their overflow problems.
5. RESPONSE TO PUBLIC COMMENT: None Offered.
6. SCHEDULE OF FUTURE EVENTS:
As listed on the Agenda for this meeting.
7. CONSENT CALENDAR: Moved by C/Chang, seconded by
MPT/Herrera to approve the Consent Calendar, with the exception of
Item 7.6. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Chang, Huff, MPT/Herrera,
DECEMBER 16, 2003 PAGE 5 CITY COUNCIL
M/Zirbes
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - O'Connor
7.1 RECEIVED AND FILED PLANNING COMMISSION MINUTES
7.1.1 Regular Meeting of October 28, 2003.
7.1.2 Regular Meeting of November 25, 2003.
7.2 APPROVED WARRANT REGISTERS dated December 4, 2003
and December 11, 2003, for a total of $1,823.974.03.
7.3 APPROVED EXONERATION OF MONUMENTATION SURETY
BOND (BOND NO. 6049157) - FAITHFUL PERFORMANCE AND
LABOR AND MATERIALS) FOR TRACT NO. 52267 (PULTE
HOMES) IN THE AMOUNT OF $17,500.
7.4 APPROVED APPLICATION FOR TREE CITY USA
RECERTIFICATION FOR 2003.
7.5 APPROVED AGREEMENT WITH DIAMOND BAR RACQUET
CLUB FOR INSTALLATION OF FENCING ALONG WESTERLY
BORDER OF SYCAMORE CANYON PARK.
7.7 APPROVED PURCHASE OF FOLDING TABLES AND TABLE
CARTS FROM MITY LITE, INC., FOR THE DIAMOND BAR
CENTER IN THE AMOUNT NOT TO EXCEED $36,292.
MATTERS WITHDRAWN FROM THE CONSENT CALENDAR:
7.6 ADOPT RESOLUTION TO INSTALL 120 FEET OF RED CURB SOUTH
OF EARLGATE STREET AND 260 FEET OF RED CURB NORTH OF
EARLGATE STREET ON THE WESTERLY SIDE OF LEMON AVENUE -
withdrawn from consideration for at least 90 days.
8. PUBLIC HEARINGS: None
9. COUNCIL CONSIDERATION:
9.1 LIBRARY BOND ACT APPLICATION ISSUES:
1) APPROVED THE PROPOSED DIAMOND BAR LIBRARY
FLOOR PLAN.
2) ADOPTED RESOLUTION 2003-68 APPROVING THE
GOALS FOR THE DIAMOND BAR LIBRARY AS
IDENTIFIED IN THE PLAN OF SERVICE.
3) ADOPTED RESOLUTION NO. 2003-69 CERTIFYING THE
DECEMBER 16, 2003 PAGE 6 CITY COUNCIL
CITY'S CALIFORNIA READING AND LITERACY
IMPROVEMENT AND PUBLIC LIBRARY
CONSTRUCTION AND RENOVATION BOND ACT OF
2000 (BOND ACT) APPLICATION THEREBY APPROVING THE
PROJECT'S BUDGET, COMMITTING TO PROVIDE THE CITY'S
REQUIRED LOCAL MATCHING FUNDS (35%); CERTIFYING
THE CITY'S FINANCIAL CAPACITY TO PROVIDE THE
SUPPLEMENTAL FUNDS NECESSARY TO COMPLETE THE
PROJECT, AND GUARANTEEING THAT SAID FUNDS WILL BE
AVAILABLE WHEN NEEDED TO MEET THE PROJECT'S CASH
FLOW REQUIREMENTS.
DCM/Doyle reported that three actions were proposed for
Council to consider including approving the floor plan for the
proposed 24,000 sq. ft. library to be built adjacent to the
Diamond Bar Center. He referred to a graphic presentation of the
site and pointed out an 1100 sq. ft. "Friends of the Library"
bookstore, restrooms, circulation desk with a staff area behind, a
large computer room and the rest of the library facility. He
displayed a "global citizens' center" focusing on K through 6
graders unique to libraries in California to augment the national
baccalaureate program offered by WVUSD. He pointed out a large
community meeting room at the end of the library facility with
double doors which could be opened for some type of an event in
combination with the adjacent community center. He stated that
the floor plan had been developed with the L.A. County of Los
Angeles Public Library system.
DCM/Doyle reported that the Council would also be asked to
adopt a Resolution approving the Goals for the Library and a
Resolution certifying the City's Bond Act Application.
Moved by MPT/Herrera, seconded by C/Chang to approve the
Library Floor Plan, adopt Resolution Nos. 2003-68 and No. 2003-
69. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Chang, Huff,
MPT/Herrera,
M/Zirbes
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - O'Connor
9.2 APPOINTMENT TO WILDLIFE CORRIDOR CONSERVATION
AUTHORITY (WCCA) ADVISORY COMMITTEE.
MPT/Herrera reported that, after interviewing both candidates, she
and C/O'Connor recommended the appointment of Bill Herrick and
moved to approve the appointment. C/Huff seconded the motion.
DECEMBER 16, 2003 PAGE 7 CITY COUNCIL
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS - Chang, Huff,
MPT/Herrera,
M/Zirbes
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - O'Connor
10. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER
COMMENTS:
C/Chang congratulated M/Zirbes on his selection as Mayor. He
congratulated the Friends of the Library on their recent luncheon event to
thank volunteers and school principals on their efforts to enhance
education and for their support of the "Read Together Diamond Bar"
program that took place in October. He announced that, at the luncheon,
the Friends of the Library committed $80,000 to help with construction of
a new library along with their annual contribution of $25,000 for purchase
of books at the current library. He announced that the City's annual
Christmas party was held on December 5t" to thank staff,
commissioners, committee members and volunteers for their support
throughout the year. He said that he appreciated the Diamond Bar
Volunteer Patrol's efforts to help make D.B. a better and safer place in
which to live. He congratulated City staff on the success of the Winter
Snow Fest held on December 13 "'. He expressed his concern that
selection of the Mayor seemed to be manipulated and again
recommended that a new system be put into place by Council policy.
C/Huff announced that D.B. had been highlighted by Money Magazine as
being one of the top cities to live in in the western region. He stated that
the comparison began with 271 cities which was then cut down to 87 with
quality of life factors included. He said that, out of the 87, there were 18
finalist cities with populations under 100,000 and D.B. was one of the 18.
Regarding the selection of Mayor and Mayor Pro Tem, he felt that the
current rotation policy worked well because the system is basically merit -
based. He congratulated M/Zirbes on his selection and wished everyone
a happy holiday season.
MPT/Herrera congratulated M/Zirbes. She said she agreed with C/Huff
regarding the selection of Mayor. She announced that the City received
10,000 return postcards from local residents supporting the opening of a
Trader Joe's in D.B. and encouraged all residents to turn in their cards to
the City so that a strong standing can be made to the company. She also
wished everyone a happy holiday season.
M/Zirbes explained that all Council Members work very hard for the City
DECEMBER 16, 2003 PAGE 8 CITY COUNCIL
and its residents and expressed confidence that the Council will work
together effectively for the future of the community. M/Zirbes wished
everyone happy holidays.
11. ADJOURNMENT: There being no further business to conduct, M/Zirbes
adjourned the meeting at 8:30 p.m.
/s/
LYNDA BURGESS, CITY CLERK
The foregoing minutes are hereby approved this 6th day of January,
2004.
6.2
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
DECEMBER 9, 2003
CALL TO ORDER:
Chairman Tye called the meeting to order at 7:04 p.m. in the South Coast Air Quality
Management/Government Center Auditorium, 21865 East Copley Drive, Diamond Bar,
California 91765.
PLEDGE OF ALLEGIANCE:
Chairman Tye led the Pledge of Allegiance.
1. ROLL CALL:
Present: Chairman Steve Tye, and Commissioners Steve Nelson, Jack
Tanaka and Osman Wei.
Vice Chairman Dan Nolan was excused.
Also present: James DeStefano, Deputy City Manager, Ann Lungu,
Associate Planner, Linda Smith, Development Services
Assistant, and Marisa Somenzi, Administrative Assistant.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered.
3. APPROVAL OF AGENDA: As presented.
Ll 0012 M :11ZItof_1g4,117_1:
4.1 Approval of November 25, 2003, Regular Meeting minutes.
C/Tanaka moved, C/Nelson seconded, to approve the November 25, 2003,
Regular Meeting minutes as presented. Motion carried by the following Roll
Call vote:
AYES: COMMISSIONERS: Nelson, Tanaka, Wei, Chair/Tye
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: VC/Nolan
5. OLD BUSINESS: None
6. NEW BUSINESS: None
7. PUBLIC HEARINGS:
7.1 Development Review No. 2003-20/minor Conditional Use Permit No.
2003-15 and Tree Permit No. 203-07 (pursuantto Code Sections 22.48,
22.68, and 22.56) is a request to remodel and construct an approximate
1,352 livable square foot addition, a 498 square foot two car garage, and a
532 square foot deck/balcony to an existing 4,945 square foot two story
single-family residence with a three car garage. A Minor conditional Use
Permit is to allow the continuation of a legal nonconforming 24 -foot front
yard setback distance. A tree permit is requiredfor the removal/replacement
of a preserved/protected sycamore tree.
PROJECT ADDRESS: 2617 Wagon Train Lane
(APN 87113-013-011)
Diamond Bar, CA 91765
PROPERTY OWNER: Ram Kumar
2617 Wagon Train Lane
Diamond bar, CA 91765
APPLICANT: S&W, Simon Shum and Rodel Urmatan
20272 Carrey Road
Walnut, CA 91789
DCM/DeStefano reported that the property owner has withdrawn the project
and no further Planning Commission action is required. Due to recently
submitted scaled-back plans, the project no longerrequires a publichearing.
7.2 Develooment Review No. 2003-33 and Minor Conditional Use Permit No.
2003-13 (pursuantto Code Sections 22.48,22.68, and 22.56)is a requestto
remodel and construct an approximate 1,040 square foot addition to an
existing 1,700 square foot one story single-family residence with a two car
garage.A MinorConditional Use Permitis to allowthe continuationof a legal
nonconforming 15 feet front yard setback distance.
PROJECT ADDRESS: 313 Gunsmoke Drive
Diamond Bar, CA 91765
PROPERTY OWNER/ Philippe Colin
APPLICANT: 313 Gunsmoke
Diamond Bar, CA 91765
DCM/DeStefano reported that the applicant has requested and staff
recommends that this matter be continuedto the January 13, 2004
Chair/Tye opened the public hearing.
There was no testimony offered.
C/Nelson moved, C/Wei seconded, to continue Development Review
No. 2003-33 and Minor Conditional Use Permit No. 2003-13 to January 13,
2004. Without objection, the motion was so ordered with VC/Nolan being
absent.
7.3 Development Review No. 2003-25 (pursuant to Code Section 22.48) is a
requestto remodel and construct an approximate 1,020 square foot second
story addition to an existing 1,995 square foot one story single-family
residence with atwo-car garage.
PROJECT ADDRESS: 826 Great Bend Drive
Diamond bar, CA 91765
PROPERTY OWNER: Michael and Christine Whatley
826 Great Bend Drive
Diamond Bar, CA 91765
APPLICANT: ProBuilder, Kenn Coble
449 W. Allen Avenue#109
San Dimas, CA 91773
DSA/Smith presented staff sreport.Staffrecommend sPlanningCommission
approval of Development Review No. 2003-25, Findings of Fact, and
conditions of approval as listed within the draft resolution.
Kenn Coble, applicant, said that ProBuilder was sensitive to the design
standardsof the neighborhood ProBuilderbelievesthatthis projectpresents
no or very minor impact to view.
Chair/Tye opened the public hearing.
Sue Janicki, (speaking for herself and on behalf of her husband, Robert)
832 Great Bend Drive, referred to a letterthey submitted to the City outlining
their opposition to this project because it will compromise their panoramic
view. If the applicantbuilds a secondstory it would be situated in frontof that
window. Mr. Janicki chose his house 30 years ago specifically for the
unobstructed view. Mr. and Mrs. Janicki feel that cutting out the viewwould
greatly diminish the enjoymentand reduce the value of, their property. They
would appreciate it if an alternative could be explored.
Mike Whatley, property owner, appreciated his neighbor' opinion and what
it means to have a view. He intends to remain in the property for some time
to come. He disagrees that his project obstructs his neighbor' sview. The
neighbor' siiewwindow and balcony are located on the southeast cornerof
their house. This project is being built on the northwest corner. He has
trouble envisioning an obstruction of view from that particular angle. He did
not believe he was violatingthe particular section of the code, from which he
read. Additionally, staff performed an analysisthat indicated there was no
view obstruction.
Sue Janicki returned to the podiumand presented a picturefrom herwindow
on the side of herhouse lookingwestward that depicted the viewthat would
be lost if the applicantwere allowed to construct a second story.
Mrs. Janickiindicatedto C/Nelson thattheirwindowis approximatelysix feet
wide. The window is on the second floor and the onlywindowthat provides
the panoramic view.
Mr. Whatley stated that the project would not contain vaulted ceilings. The
finish heightwould be atabout26 feet, a heightthat would not be obtrusive
to the view.
Chair/Tye closed the public hearing.
Chair/Tye requestedtheopportunityforthe Planning Commission ersto visit
the site.
C/Wei moved, C/Tanaka seconded, to reopen the public hearing and
continue Development Review No. 2003-25 to December 23, 2003. Motion
carried by the following Roll Call vote:
AYES: COMMISSIONERS: Nelson, Tanaka, Wei, Chair/Tye
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: VC/Nolan
7.4 Development Review No. 2003-22 (pursuant to Code
Section 22.48.020(a)(1)) is a request to construct a two-story single-family
residenceof approximately 11,600square feet includinga three -car garage,
terrace, balconiesand porches.The requestalso includes retaining wal Is of
varying heights with a maximum height of six feet.
PROJECT ADDRESS: 2816 Crystal Ridge Road
(Tract 47850, Lot 3 1 )
Diamond bar, CA 91765
PROPERTY OWNER: Huo You Liang
16015 Phoenix Drive
Industry, CA 91745
APPLICANT: Dalmar Duran
Gary Wang and Associates
573 Monterey Pass Road #C
Monterey Park, CA 91754
AssocP/Lungu presented staff s report. Staff recommends Planning
Commission approval of Development Review No. 2003-22, Findings of
Fact, and conditions of approval as listed within the resolution.
AssocP/Lunguexplainedto C/Wei that the Code requiresa minimum 20x20
two-cargarage. Staff looks at the relationship of the numberof bedroomsas
it relates to onsite parking. In this case, the applicanthas plenty of onsite
room for extra parking.
C/Wei expressed concern that parking would be inadequate for seven
bedrooms.
Dalmar Duran, applicant, explainedthe proposed project. He felt the project
met the City' sCode and that the architecture was similar to the surrounding
neighborhood. He read staff sreport and concurs with the conditions of
approval.
Chair/Tye opened the public hearing.
There was no one present who wished to speak on this item.
Chair/Tye closed the public hearing.
C/Tanaka moved, C/Wei seconded, to approve Development Review
No. 2003-22, Findings of Fact, and conditions of approval as listed in the
Resolution. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Nelson, Tanaka, Wei, Chair/Tye
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: VC/Nolan
8. PLANNING COMMISSION COMMENTS/INFORMA TIONAL ITEMS: None
9. STAFF COMMENTS/INFORMA TIONAL ITEMS: DCM/DeStefano stated that
as Hearing Officer, he approveda 9,900 squarefoot home on Oak Knoll Drive. The
Trader Joe' smarketing campaign continues. Currently, there are about 10,000
postcards and signatures at City Hall with a week to go before the program ends
and staff meets with Trader Joe' s.Pulte Homes has commenced the landscape
project. DCM/De Stefano said he would meet with the homeowner' sassociation
landscaping subcommittee to further discuss the project. The City of Industry is
gearing up to develop450 acres of land behindthe Honda Dealership similar to the
Gateway Corporate Center project. Afire station will be included in the project. At
this time, the other project that was due to be considered on December 23 is not
ready. At the December 2 meeting, the City Council approved second reading of
two ordinances —slopes and psychic readers. City Council is scheduled to
reconsider business license issues at a study session on December 16. The
consideration of code changes pertaining to election signswill most likely occurat
the Council' ssecond meeting of January.
Chair/Tye thanked staff for making sure that projects conform to the City' swishes
and Planning Commission's decisions.
10. SCHEDULE OF FUTURE EVENTS:
As listed in the Agenda.
ADJOURNMENT: There being no further business to come before the Planning
Commission, Chairman Tye adjourned the meeting at 8:05 p.m.
Respectfully Submitted,
James DeStefano
Deputy City Manager
Attest:
Chairman Steve Tye
AGENDA #6.3
NOTICE REGARDING THE WARRANT REGISTER
Please note that the Warrant Register has not been included
in the electronic versions of the City Council Agenda
Packets on the City's Web Site because severe formatting
errors occur when attempting to convert this material. If you
are interested in receiving a copy of the Warrant Register,
please contact the City Clerk's office at 909 -839-7000 to
receive a FAXed copy or to pick one up in person.
We apologize for the inconvenience.
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Treasurer' sStatement— November 30, 2003
RECOMMENDATION:
Approvethe November 2003, Treasurer' sStatement.
FINANCIAL IMPACT:
No Fiscal Impact
BACKGROUND:
Agenda # 6.4
Meeting Date: Jan. 06, 2004
AGENDA REPORT
Per City policy, the Finance Department presents the monthly Treasurer' sStatement for the City
Council' sreview 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 ll
Department Head
Attachments:
Treasurer' sStatement
Deputy City Manager
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # 6. S
Meeting Date: January 6, 2004
AGENDA REPORT
TITLE:
Transmittal of Comprehensive Annual Financial Report and Single Audit Report on Federal Awards
for the yearended June 30, 2003.
RECOMMENDATION:
It is recommended that the City Council receive and file the Comprehensive Annual Financial Report
for FY 02-03 as prepared by the City Finance Department and the City' sauditors, Conrad and
Associates, L.L.P. It is also recommended that the City Council receive and file the FY 02-03 Single
Audit Report on Federal Awards as presented.
FINANCIAL IMPACT:
None
BACKGROUND:
The FY 2002-2003 annual audit has been completed by the City' sindependentauditing firm of
Conrad and Associates, L.L.P. Partofthe audit contract includes the completion, with staff s
assistance, of the Comprehensive Annual Financial Report and the Single Audit Report on Federal
Awards.
DISCUSSION:
The City' sFinance Department in concertwith the City' sindependentauditing firm of Conrad and
Associates, L. L. P. has preparedthe Fiscal Year 2002-2003 Comprehensive Annual Financial Report
(CAFR). This is the first year the report has been prepared in conformance with the requirements of
GASB 34. As a result there have been several changesin the report. The report now includes
Management Discussion and Analysis, Required Supplementary Information and the Government-
wide
overnmentwide Financial Statements which include the Statement of Net Assets and Statement of Activities.
Page Two —City Council Agenda Report
Transmittal of Comprehensive Annual Financial Report and Single Audit Report
In addition to the CAFR, the auditfirm has also prepared the annual Sing IeAuditReport on Federal
Awards. This report is done asapart of the reporting requirements of the Single Audit Act of 1984
and the US Office of Management and Budget Circular A-133, Audits of States, Local Governments,
and Non -Profit Organizations. This fiscal year the City expended a total of $1,201,785 in Federal
Funds. This includes$922,337from the US Department of Housing and Urban Development (HUD -
CDBG), $240,000 from HUD for the Community/Sr. Center, and the balance of $39,448 from the
Department of Justice Local Law Enforcement Block Grant.
The City once again received an unqualifiedaudit opinion. In addition there were no management
findings or comments.
General Fund Equity showed an increase of $2,301,487, bringing the total General Fund fund equity
to $22,353,626at June 30, 2003.
The Finance Department has submitted the CAFR to the California Society of Municipal Finance
Officers and the Government Finance Officers Association for their respective certificate of excellence
award programs. The City has been honored to receive these awards for the past eight consecutive
years.
PREPARED BY:
Linda G. Magnuson
REVIEWED BY:
Department Head Deputy City Manager
Attachments: FY 02-03 Comprehensive Annual Financial Report and SingleAudit Report on Federal
Awards
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
FROM: Linda C. Lowry, City Manager
Agenda # 7.1
Meeting Date: .Ianuarg h. 2004
AGENDA REPORT
TITLE: RESOLUTION NO. 2004 -XX APPROVING THE COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM ALLOCATION OF $447,240 FOR FISCAL YEAR 2004-
2005
RECOMMENDATION:
It is recommended that the City Council open the public hearing, receive testimony and adopt the
Resolution.
BUDGET IMPLICATION:
Funding for the CDBG Program is received from the Federal Government. Approval of the 2004-
2005 CDBG budget will be incorporated into the Fiscal Year 2004-2005 City Budget. The CDBG
Program does not impact the City's General Fund budgetunless services formerly provided through
CDBG are to be absorbed by the General Fund.
BACKGROUND:
By way of a Cooperative Agreement, the City of Diamond Bar is part of the Los Angeles County
Community Development Commission —Community Development Block Grant (CDBG) Program.
The CDBG Program was established through the Housing and Community Development Act of 1974.
The primary program of each grantee under the Title is the development of viable urban communities,
by providing decent housing and a suitable living environmentand expanding economic opportunities,
principallyfor personsof low and moderate income. Eligible CDBG projects are those that meet one
of the following national objectives for the program:
? Benefiting low and moderate income persons;
? Addressing slums or blight; or
? Meeting a particular urgentcommunity development need.
The projects must also meet one of the eligible activity categories; acquisition of real property for an
eligible use; acquisition, construction, and rehabilitation of public facilities; demolition and clearance
of deteriorated buildings; community service for low and moderate -income households; removal of
barriers that restrict the mobility for elderly or handicapped persons; or special economic
development activities.
Funds may be used for a variety of community development activities such as public services,
administration and public works projects. The funds may only be used within low and moderate -
income census tracts (of which the City has none) and/or to benefit low and moderate -income
personsand/or presumed eligible persons.
The Los Angeles County Community Development Commission (CDC) has determined that the City
of Diamond Bar' spreliminary CDBG allocation for Fiscal Year 2004-2005 is approximately $447,240
for the implementation of eligible CDBG projects. In the event that actual CDBG funding levels vary
from the $447,240 estimate, the City may adjustthe proposed projects and budgets accordingly.
The City' sapproved projects and budget must be submitted to the Los Angeles County CDC by
February 2, 2004. The City of Diamond Bar' sprojects and budget will ultimately become part of the
Los Angeles County' sCDBG program application to the U.S. Department of Housing and Urban
Development (HUD).
DISCUSSION:
Of the City' s total 20042005 CDBG Program allocation ($447,240), a maximum of 15%
($67,086) may be expended on publ is service projects (our Community Non -Profits). In
previous years the public services cap was increased to 25% (additional 10% over the regular
15%). The City may submit a request for a waiver of the 15% public services cap along with
the Fiscal Year 2004-2005 CDBG projects and budget for consideration by the Los Angeles
County CDC.
Prior to approval of the programs and budget, a public hearing is required to receive and consider
citizen input on the proposed CDBG Program. The public hearing has been advertised in the San
Gabriel Valley Tribune and the Inland Valley Daily Bulletin. Additionally, the City sent Request for
Proposals to all interested organizations regarding the availability of CDBG funding. Based on the
proposals received by non-profit agencies and City Departments, past history of applicants and the
availability of funds, funding recommendations have been developed. Prior to a project being funded,
eligibility is determined and the sub -recipients must meet the Federal regulations/regdrements. The
City provides support to the projects that receive funding with technical assistance and monitoring to
insure compliance. The City is responsible for overseeing the operations of all the sub -recipient
supported activities including compliance with all applicable Federal requirements and monitoring the
achievement of performance goals.
As part of the application process, the City must describe the programs that are currently being
implemented and how those programs are meeting the goals and objectives that have been
established by the City.
CURRENT CDBG PROJECTS AND ALLOCATIONS FOR 2003- 2004 PROGRAM YEAR
YMCA Childcare ($29,000) -To provide after school childcare for up to twenty (20) children from low
and low -to -moderate income families each month. The YMCA has provided childcare for an average
of eighteen (18) children monthly.
YMCA Day Camp — Summer/Off Tract ($19,000) - To provide summer/off tract day camp for up to
thirty (30) children from low and low -to -moderate income families each month. The YMCA has
provided summer day camp to thirty-four (34) children.
Senior Programming ($50,624) -To provide senior activities including information and referral,
physical mobility classes, nutrition classes, seminars, arts and crafts, game days, and special events.
General Insurance has been purchased for the senior groups utilizing the Heritage Park Community
Center.
Service Center for Independent Living ($5,000) - To provide for independent living services,
newsletters, and community forums on disability issues. The SCIL has provided services to eighteen
(18) persons with disabilities.
Program Administration ($38,849) - Program administration funds are used for overall program
management, coordination, monitoring, reporting, and contract compliance services. The CDBG
program is being implemented by City staff with assistance from our consultant - Diana Cho and
Associates.
Home Improvement Program ($211,578) - To provide for grants and/or deferred loans to eligible
low and moderate -income homeowners for necessary home improvements as well as repairs to
mitigate building and safety code deficiencies and/orviolations. Nine (9) rehabilitation projects are in
progress and two (2) rehabilitation projects have been completed.
Paint the Town ($10,000) - To assist the Diamond Bar Improvement Association (DBIA) in the
exterior rehabilitation of five (5)homes. Program will commence, May 2004.
ADA Park Retrofit ($287,415) - To provide for the creation of an ADA Retrofit at Sycamore Canyon
Park. Project design and preparation of plans are in progress.
Sidewalk ADA Accessibility ($162,125) -To provide accessible sidewalks on the north side of
Golden Springs Drive between Gateway Center Drive and Brea Canyon Road. Plans and
specifications have been completed. Construction bid document is being reviewed by the Los
Angeles County CDC.
Diamond Bar Community and Senior Center ($687,385) - To provide for the construction of an
approximately 22,500 sq. ft. fully accessible Community and Senior Center to address the needs of
the City' sgrowing elderly population. Project construction will be completed in February2004.
Lorbeer Middle School ADA Retrofit ($13,522) — To provide for project design of ADA access to
athletic field at LorbeerMiddle School from Golden Springs Drive. Project planning is in progress.
PROPOSED PROJECTS AND ALLOCATIONS FOR THE 20042005 PROGRAM YEAR
In preparation for the 2004-2005 CDBG grant allocation process, the City published a public notice
announcing the availability of CDBG funds and mailed letters with applications to all existing sub -
recipients and interested parties requesting proposalsfor use of the CDBG funds.
Based upon Federal regulations, CDBG funds must be allocatedand expendedwithin three (3) years.
In addition, cities are strongly encouragedby the CDC to allocate all monies as soon as feasible. The
following distribution of funds is based upon an allocation of 15% toward Public Service projects in
accordance with 2004-2005 guidelines. However a "waiver request" may be submitted to the CDC
and, ifapproved,will increase the Public Serviceallocationto 25%:
Staff has prepared two options which are attached to this report for consideration. Option
Number 1 proposes the maximum FY 2004-2005 allocation of 15% expenditure for Public
Service Projects. Should Council desire to submit a request for a waiver to the CDC, staff has
prepared Option Number 2 allocating 25 % to Public Service Projects.
20042005 Public Service - (15%1 - $67.086 (Option 1) (25%) - $111.810 (Option 2)
During Fiscal Year 2003-2004 a total of $103,624 was allocated for Public Service projects. The
publicservice cap for Fiscal Year 2004-2005 limits funding availabilityto $67,086 (Option 1), which is
approximately 35.26% less than previously allocated.
To continue funding current projects with the publicservice allocationat 15%, approximately 35% will
need to be reduced from each of the existing projects. Option 2, if approved by the CDC, will raise
the Public Service allocationto 25%.
City Senior Program FY 03-04 $50,624
Total Requested $69,108
Recommend $32,636 (Option 1) $56,810 (Option 2)
The City' sSenior Program ($56,590) includes special events, Friday Bingo, craft classes, excursions,
and the Senior Coordinator' spositionfor referrals and coordination between groups.
As in prior years, the Senior Program will propose to combine and include several of the activities and
supplies as requested by the Diamond Bar Senior Citizens Club, Diamond Bar Chinese Evergreen
SeniorAssociation, Sunshine Seniors Group, and Diamond Age Senior Citizen Association such as:
? Diamond Bar Senior Citizens Club- $1,918
Requested insurance and funding for supplies for weekly meetings.
? Sunshine Senior Group -$1,100
Requested liabilityinsurance.
Chinese Evergreen Senior Association - $5,500
Requested insurance and funding for sick/elderly visits, medical seminar,
classes for seniors, and monthly meetings and activities.
? Diamond Age Senior Citizen Association - $4,000
Requested insurance and excursion program.
The amount of funds requested for Senior Programming exceed the CDBG allocation. The additional
funds required for the Senior Program will be paid through the Community Services Department
budgetas in prior years.
Diamond Bar YMCA Childcare FY 03-04 $29,000
Request $34,000
Recommend $18,850 (Option 1) $29,000 (Option 2)
To provide after school childcare for twenty (20) low and moderate income children monthly. The
project allows for parents to work while theirchildren are in a safe environment.
Diamond Bar YMCA Summer Camp FY 03-04 $19,000
Request $20,000
Recommend $12,350 (Option 1) $19,000 (Option 2)
To provide full day care for up to forty (40) children during the summer, holidays and student free
schooldays
Diamond Bar YMCA Pre -School Child FY 03-04 $0
Care Request $11,500
Recommend $0 (Option 1) $2,000 (Option 2)
This is a new program to provide pre-school activities for up to five (5) children monthly. The project
provides social and educational activities for pre-school age children from low and moderateincome
families.
Project Sister FY 03-04 N/A
Request $4,000
Recommend $0
To provide for assistance to Diamond Bar residents and middle and high school staff in learning
safety measures that will decrease their vulnerabilityto crime. It is proposed that this project utilize
funding from the COPS program.
Free Family Counseling FY 03-04 N/A
Request $5,200
Recommend $0
To provide free family counseling services to Diamond Bar residents of all ages. It is proposed that
this project utilize funding from the COPS program.
Service Center for Independent Living FY 03-04 $5,000
Request $5,000
Recommend $3,250 (Option 1) $5,000 (Option 2)
To provide for independentliving services, newsletters, and community forums on disability topics.
Public Service Sub -total Request $148,808
Recommend $67,086 (Option 1) $111,810 (Option 2)
5
2004-2005 Administration — 10% $44,724
Program Administration FY 03-04 $38,849
Request $44,724
Recommend $44,724
To provide reimbursement to the City for CDBG program administration and contract compliance
services.
2004-2005 Public Works and Housing — 75% $335,430 (Option 1) 65% $290,706(Option 2)
Home Improvement Program FY 03-04 $211,578
Request $125,000
Recommend $125,000 (Option 1) $90,000 (Option 2)
To provide for grants and/or deferred loans to eligible low and moderate -income homeowners for
necessary home improvements as well as repairs to mitigate building and safety code deficiencies
and/or violations.
Paint the Town FY 03-04 $10,000
Request $10,000
Recommend $10,000
To assist the Diamond Bar Improvement Association in the rehabilitation of five (5) homes. This
program has been successful and meets all federal regulations.
Sidewalk ADA Accessibility FY 03-04 N/A
Request $230,000
Recommend $200,430 (Option 1)$190,706 (Option 2)
To upgrade existing street right-of-way with gaps of sidewalk placement to provide continuity for
pedestrian access and ADA accessibility along west side of Diamond Bar Boulevard, north of the
Pomona (SR 60) Freeway.
Sycamore Canyon Park ADA Retrofit FY 03-04 $287,415
Request $300,000
Recommend $0
The request is for the design of Phase III ADA Retrofit Improvements at Sycamore Canyon Park.
Funding for this project will exceed available CDBG resources. Funding is available through other
parks and recreation sources.
Public Works Sub -total Request
Recommend
TOTAL 2004-2005 CDBG FUNDS REQUESTED
AVAILABLE / RECOMMENDED
$665,000
$335,430(Option 1) $290,706 (Option 2)
r,
$858,53
$447,240
The purpose of the public hearing is to solicit public testimony and receive presentations from the
public service organizations requesting funds. It is an opportunityfor the City Council to question the
proposed public service organizations as well as City staff regarding the applications under
consideration.
Prepared by:
James De Stefano
Deputy City Manager
and
Diana Cho,
CDBG Consultant
Attachments:
Matrix of Projects / Recommended Funding Options
Resolution 2004 -XX
CDBG Project Applications
CITY OF DIAMOND BAR
COMMUNITY DEVELOPMENT BLOCK GRANT
2004-05 PROGRAMYFAR
OPTION 1
Agency
Service Provided
City Council
Requested
Staff City Council
Allocated 03-04
Funds 04-05
Recommendations Allocation
Public Service 15%
$67,056
City of Diamond Bar
— Community
Senior Services
$50,624
$56,590
$32,636
Services
Diamond Bar Senior
Senior Services
Included in City
$1,918
Included in City
Club
Request
Request
Sunshine Senior
Senior Services
Included in City
$1,100
Included in City
Club
Request
Request
Evergreen Senior
Senior Services
Included in City
$5,500
Included in City
Club
Request
Request
Diamond Age Senior
Senior Services
Included in City
$4,000
Included in City
Club
Request
Request
Diamond Bar/
Child Care
$29,000
$34,000
$18,850
Walnut YMCA
Day Camp
$19,000
$20,000
$12,350
Pre -School
$0
$11,500
$0
Project Sister
Crime Prevention
$0
$4,000
$0
Services
COPS Funded
COPS Eligible
Service Center for
Disability
$5,000
$5,000
$3,250
Independent Living
Services
Free Family
Family
$0
$5,200
$0
Counseling
Counseling
COPS Funded
COPS Eligible
Sub -total
$103,624
$148,808
$67,806 SO
ADMINISTRATION 10% $44,724
CITY of DIAMoND Admin. $38,849 $44,724 $44,724
BAR
Sub -total $38,849 $44,724 $44,724
CITY OF DIAMOND BAR
COMMUNITY DEVELOPMENT BLOCK GRANT
2004-05 PROGRAMYFAR
OPTION 1
Agency
Sery ice Provided
City Council
Requested
Staff City Council
Allocated 03-04
Funds 04-05
Recommendations Allocation
Public Works 75%
$335,430
City of Diamond
Home
Improvement
$211,578
$125,000
$125,000
Bar — City Planning
Program
Sycamore Cyn Pk
Design & ADA
$287,415
$300,000
$0
Retrofit
Sidewalk
Installation ADA
$162,125
$230,000
$200,430
Compliance
Diamond Bar
Improvement
Paint the Town
$10,000
$10,000
$10,000
Assoc.
Sub -total
$1,372,025
$665,000
$335,430
Total
01119447.240
CITY OF DIAMOND BAR
COMMUNITY DEVELOPMENT BLOCK GRANT
2004-05 PROGRAMY EAR
OPTION 2
Agency Service Provided City Council Requested Staff City Council
Allocated 03-04 Funds 04-05 Recommendations Allocation
Service Center for Disability $5,000 $5,000 $5,000
Independent Living Services
Free Family Family $0 $0
Counseling Counseling COPS Funded $5,200 COPS Eligible
Sub -total $103,624 $148,808 $111,810 $0
*Senior Programming resources which exceed the CDBG allocation will be paid through the Community Services
budget as in prior years.
ADMINISTRATION 10% $44,724
CITY OF DIABARMOND Admin. $38,849 $44,724 $44,724
Sub -total $38,849 $44,724 $44,724
in
Public Service 25%
$111,810
City of Diamond Bar
Senior Services
$50,624
$56,590
$56,810
- Community
Services
Diamond Bar Senior
Senior Services
Included in City
$1,918
*Included in
Club
Request
City Request
Sunshine Senior
Senior Services
Included in City
$1,100
*Included in
Club
Request
City Request
Evergreen Senior
Senior Services
Included in City
$5,500
*Included in
Club
Request
City Request
Diamond Age Senior
Senior Services
Included in City
$4,000
*Included in
Club
Request
City Request
Child Care
$29,000
$34,000
$29,000
Diamond Bar/
Walnut YMCA
Day Camp
$19,000
$20,000
$19,000
Pre -School
$0
$11,500
$2,000
Project Sister
Crime Prevention
$0
$4,000
$0
Services
COPS Funded
COPS Eligible
Service Center for Disability $5,000 $5,000 $5,000
Independent Living Services
Free Family Family $0 $0
Counseling Counseling COPS Funded $5,200 COPS Eligible
Sub -total $103,624 $148,808 $111,810 $0
*Senior Programming resources which exceed the CDBG allocation will be paid through the Community Services
budget as in prior years.
ADMINISTRATION 10% $44,724
CITY OF DIABARMOND Admin. $38,849 $44,724 $44,724
Sub -total $38,849 $44,724 $44,724
in
CITY OFDIAMONDBAR
COMMUNITYDEYELOPMENT BLOCKGRANT
2004-05 P ROGRAMY EAR
OPTION 2
Agency
Service Provided
City Council
Requested
Staff City Council
Allocated 03-04
Funds 04-05
Recommendations Allocation
Public Works 65%
$290,706
City of Diamond Bar
Home Improvement
$211,578
$125,000
$90,000
— City Planning
Program
Sycamore Cyn Pk
Design & ADA
$287,415
$300,000
$0
Retrofit
Sidewalk Installation
$162,125
$230,000
$190,706
ADA Compliance
Diamond Bar
Improvement Assoc.
Paint the Town
$10,000
$10,0000
$10,000
Sub -total
$1,372,025
$665,000
$290,706
Total
$858,532
$447,240
RESOLUTIO N 2004 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
APPROVING THE CITY' SCOMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
IN THE AMOUNT OF $447,240 FOR FISCAL YEAR 2004-2005
WHEREAS, ON August 22, 1974, the President of the United States signed into law the
Housing and Community Development Act of 1974 (Act); and
WHEREAS, the primary goals of Title 1 of the Act are the development of viable urban
communities by providing decent housing and a suitable living environment, and expanding
economic opportunities, principally for persons of low and moderate income; and
WHEREAS, the City of Diamond Bar has received notification of the availability of
$447,240 in Federal Community Development Block Grant (CDBG) funds tofurther the
attainment of these goals during Fiscal Year 2004-2005; and
WHEREAS, suggestions have been requested from residents, community organizations,
City Departments for the utilization of these funds; and
WHEREAS, the City has published information regarding eligible activities under the
Act and met with all interested groups and conducted a public hearing to solicit comments
and suggestions from the community for the utilization of these funds.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond Bar as
follows:
Section 1. The funding allocation for the 2004-2005 Program year shall be:
PUBLIC SERVICE (15%- $67,086) (25%- $111,810)
Senior Programming ($32,636) ($56,810)
YMCA Childcare ($18,850) ($29,000)
YMCA Day Camp ($12,350) ($19,000)
YMCA Pre-school ($0) ($2,000)
Service Center for Independent Living ($3,250) ($5,000)
ADMINISTRATION
PUBLIC WORKS (75%- $335,430)
Home Improvement Program ($125,000)
Paint the Town $ 10,000)
Sidewalk Installation ADA Compliance ($200,430)
iz
($44,724)
(65%- $290,706)
($90,000)
($10,000)
($190,706)
Section 2. That the City Manager is authorized and directed to submit the City' s final
Cost Summary for Fiscal Year 2004-2005 to the County of Los Angeles, reflecting the funding
allocations set forth herein. Should the City' s final allocation vary by more than twenty-five
percent (25%) from the figures contained herein, the City Manager is authorized to allocate the
additional funds to eligible activities.
Section 3. That the City Manager is authorized to execute the contractual and related
documents to be prepared bythe County of Los Angeles that are required for the
implementation of the projects/program s set forth herein.
Section 4. This Resolution shall take effect from and after the date of its passage and
adoption.
PASSED, APPROVED, AND ADOPTED this 6 th day of January 2004
Bob Zirbes,
Mayor
I, LYNDA BURGESS, City Clerk of the City of Diam and Bar, California do hereby certify that
the foregoing Resolution No. 2004 - was duly and regularly passed and adopted by the
City Council of the City of Diamond Bar, California, at its adjourned regular meeting held on
the 6 th day of January , 2004, by the following vote, to wit:
AYES:
COUNCILMEMBERS:
NOES:
COUNCILMEMBERS:
ABSENT:
COUNCILMEMBERS:
ABSTAIN:
COUNCILMEMBERS:
Lynda Burgess, City Clerk
City of Diamond Bar, California
13
Agenda # 8.1
Meeting Date: ./an. 6 2004
CITY COUNCIL \ AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Council Committee Appointments
RECOMMENDATION:
It is recommended that the Mayor make appointments to various City Council committees,
subcommittees, delegates to various organizations, the L.A. County Vector Control District, etc.
and approve elimination of two City Council Subcommittees. It is further recommended that the
City Council approve elimination of City participation in CLOUT.
FINANCIAL SUMMARY:
No financial impact is anticipated.
BACKGROUND:
Each December, the City Council reorganizes by selecting a new Mayor and Mayor Pro Tem to
serve until the following December. All committee and subcommittee appointments, as well as
designation of delegates to various organizations, become open at that time for appointments to
be made by the new Mayor.
DISCUSSION:
On Dec ember 16, 2003, the City Council reorganized and selected Bob Zirbes as Mayor and
Carol Herrera as Mayor Pro Tem. New appointments to the California Contract Cities Assn., the
Calif. Joint Powers Insurance Authority, the Foothill Transit Board, the Four -Corners
Transportation Policy Group, County Sanitation District No. 21, the Lanterman Community
Advisory Committee, the L.A. County City Selection Committee, the League of Calif. Cities - L.A.
County Division, the San Gabriel Valley Council of Governments, the Southern Calif. Assn. of
Governments, the Tres Hermanos Conservation Authority and the Wildlife Corridor Conservation
Authority are now necessary. In addition, City Council Standing Committees, Ad Hoc Committees
and City Council Liaison appointments need to be made as well.
Honorable Mayorand City Council
December 30, 2003
Page Two
After reviewing the committee list, the Mayor has requested that appointment of a delegate and
alternate to CLOUT be eliminated (the City has never paid membership dues), elimination of the
City -On -Line Technical Subcommittee- (the committee has been inactive for over a year) and
elimination of City Council liaison to the City Anniversary Committee.
"It should be noted that elimination of the City -on -Line Technical Subcommittee will also result in
removal of the City -on -Line Website which has had no activity in overa year.
PREPARED BY:
Lynda Burgess, City Clerk
WAVANTITA092--y/I
Lynda Burgess, City Clerk David Doyle, Deputy City Manager
Attachment: City Council Appointment List as Proposed by Mayor Zirbes
CITY COUNCIL APPOINTMENTS
(Effective January6, 2004)
COMMITTEE
DELEGATE/ALTERNATE
California Contract Cities Association O'Connor/Chang
(Board of Directors membership —CCCA bylaws specify that voting delegate and alternate needs to
be any City elected official)
Sam Olivito, Exec. Dir., 10535 Paramount, Suite 100, Downey, 90241, 562-928-5533, FAX
562-928-9557
Meets 3rd Wednesdavof each month at 6:30 p.m. (social hour), 7:30 p.m., dinner, various
restaurant locations of host City. Reservations required.
Foothill Transit Board Huff/Zirbes
(Board of Directors membership —Delegate and alternate must be elected officials)
Doran Barnes, Exec. Dir. 100 N. Barranca #100, W. Covina, 91791, 626-967-2274, FAX
626-915-1143
Meets fourth Friday of each month at 8:00 a.m. at above address.
Four -Corners Transportation Policy Group Huff/Chang
Robert Huff, Chairman - Meets as needed.
Greater Los Angeles County Vector Control District MacBride
(Appointment of Trustee —does not have to be an elected official. Appointment is for 2 -year term
(MacBride appointed for a 4 -year term, expires 12/06)
12545 Florence Ave., Santa Fe Springs, 90670,562-944-9656
Meets 2nd Thursday at address above at 7:00 p.m.
Joint Powers Insurance Authority Chang/O'Connor
(Board of Directors membership —Delegate must be any elected of appointed by the Mayor.
Alternate may be elected oficial or staff member)
Jon Shull, Executive Director, 8081 Moody St., La Palma, 90623,800-229-2343, FAX 562-
860-4992
General Board Committee meets annually each July - location to be announced
L.A. County Sanitation District No. 21 Zirbes/O' Connor
(Board of Directors Membership —Mayor is automatically delegate per Health & Safety Code Sec.
4730.1. Alternate is required to be an elected official whose appointment is confirmed by City Council
action)
Jim Stahl, Chief Engineer& Gen. Mgr., 1955 Workman Mill Rd., Whittier 90601-4998
Mailing: P.O. Box 4998, Whittier 90601-4998, 562-699-7411 x1500, FAX 562-908-4255
Meets 4th Wednesdayof each month at 1:30 p.m. at District Office
L.A. County City Selection Committee Zirbes/Herrera
(Board of Directors membership - Mayor and Mayor Pro Tem are automatically designated as Delegate
and Alternate, respectively)
Violet Varona-Lukens, Secretary, 383 Hall ofAdministratio n, 500 W. Temple St., Los
Angeles, 90012,213-974-1431
Meets: After the League of Calif. Cities - L.A. County Division Meeting - (Approx. 8:30
P.M.)
Lanterman Community Advisory Committee (State) Herrera/Huff
Carol Herrera/Lou Sarrao, Co-Chair—Meets as needed.
League of Calif. Cities - L.A. County Division Herrera/Chang
(Board of Directors membership —Delegate and alternate must be elected ofcials. Mayor does not
have to be appointed)
Gary Milliman, Exec. Dir., 602 E. Huntington Dr., Ste. C, Monrovia 91016, 626-305-1315,
FAX 626-305-1345
Meets 1 st Thursdav of each month at 6:30 p.m. at Almansor Court, 700 S. Almansor Street,
Alhambra
San Gabriel Valley Council of Governments Huff/Herrera
(Board of Directors membership —Delegate and alternate must be elected officials. Adoption of a
resolution confirming the appointment is usually made at the next City Council meeting)
Nicholas Conway, Exec. Dir., c/o Arroyo Assoc., 3452 E. Foothill Blvd. #810, Pasadena
91107,626-564-9702, FAX 626-564-1116
Meets 3rd Thursdayof each month at6:00 p.m. atvarious locations. Executive Session
5:00 p.m.
San Gabriel Valley Economic Partnership Chang/Staff
4900 Rivergrade Road, Bldg. 515, Suite A3, Irwindale 91706, 626-856-3400
Southern California Assn. of Governments (SCAG) Herrera/Chang
(Board of Directors membership —Delegate and alternate must be elected officials but there is no
requirement that delegate be the Mayor) (Appointment to SCAG District 37 is not contingent on
appointment as delegate or alternate by the City)
Main Office, 818 W. 7th St., 12th Floor, Los Angeles, 90017,213-236-1800, FAX 213-236-
1825
General Assembly meets annually each March - location to be announced
Tres Hermanos Conservation Authority Huff/Herrera/Zirbes
c/o City of City of Diamond Bar, Linda Lowry, Executive Director
Wildlife Corridor Conservation Authority (WCCA) Herrera/Chang
(Board of Dire ctors Membership —Council may appoint anyone)
Joseph Edmiston, Executive Director, Contact: Judi Tamasi
407 W. Imperial, Ste. #PMB 230, Brea 92821 310-589-3230 x 121. FAX 310-589-3207
Wildlife Corridor Conservation Authority Advisory Committee MacBride/Herrick
CITY COUNCIL STANDING COMMITTEES
(Meet As Needed)
Finance Herrera/Huff
Community Coordinating Committee Huff/O'Connor
D.B. Community Foundation Zirbes
CITY COUNCIL AD HOC COMMITTEES
(Meet as Needed)
City Council Goals/City Manager Evaluation
Herrera/Zirbes
City Council Code of Ethics
Huff/Herrera
Economic Development
Chang/Zirbes
Industry East Development Advisory Committee
O' Connor/Huff
Lanterman Monitoring
Herrera/Huff
Legislative
Herrera/Huff
Neighborhood Improvement
Zirbes/Chang
Sports Center Task Force
Zirbes/Herrera
Youth Master Plan
O'Connor/Herrera
CITY COUNCIL LIAISON
Chamber of Commerce Liaison
Chang/Zirbes
P US D/City
Chang/O'Connor
Senior Citizen Liaison
Herrera/Huff
Sphere of Influence/Ann exation
Herrera/Zirbes
WV US D/City
Herrera/Huff
Agenda # 8.2
Meeting Date Jan. 6, 2004
CITY COUNCIL AGENDA REPORT
t9Sq
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: RESOLUTION NO. 2004 -XX: CONFIRMING APPOINTMENT OF SPECIFIC
REPRESENTATIVES TO THE SAN GABRIEL VALLEY COUNCIL OF
GOVERNMENTS (COG)
RECOMMENDATION:
It is recommended that the City Council adopt Resolution No. 2004 -XX confirming appointments
to the COG Governing Board.
FINANCIAL SUMMARY:
No impact anticipated.
BACKGROUND:
Under Council Considerations Item 8.1 on the Agenda, the Mayor made appointments to various
City Council committees, subcommittees and delegates to organizations. One such organization,
the San Gabriel Valley Council of Governments, requiresthat a Resolution be adopted by the City
Council confirming appointment of a Representative and an Alternate to its Governing Board.
Following adoption of the Resolution, staff will complete the document by inserting the names of
the newly appointed Governing Board Representative and the Alternate Governing Board
Representative and transmit the final Resolution to the COG.
I=91:111W_1:7092 yA
Lynda Burgess, City Clerk
I:010TEWWW49l ]'i
Lynda Burgess, City Clerk David Doyle, Deputy City Manager
Attachment: Resolution No. 2004 -XX
RESOLUTION NO. 2004 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR CONFIRMING APPOINTMENT OF SPECIFIC REPRESENTATIVES TO
THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
WHEREAS, the City of Diamond Bar has executed the San Gabriel Valley Council of
Governments Joint Powers Agreement; and
WHEREAS, the Joint Powers Agreement for the San Gabriel Valley Council of Governments
requires that each member city appoint a Governing Board Representative and an Alternate
Governing Board Representative to represent the City in conducting the affairs of the San Gabriel
Valley Council of Governments.
NOW THEREFORE, the City Council of the City of Diamond Bar does hereby resolve as
follows:
Section 1. The City of Diamond Bar appoints to serve as the Governing
Board Representative to the San Gabriel Valley Council of Governments.
Section 2. That the City of Diamond Bar appoints to serve as the Alternate
Governing Board Representative to the San Gabriel Valley Council of Governments.
Section 3. That the individuals previously designated in this resolution shall serve until
replaced by resolution or until they become ineligible pursuant to the terms of the Joint Powers
Agreement of the San Gabriel Valley Council of Governments.
Section 4. That the City Clerk shall certify to the adoption of this resolution and thenceforth
and thereafterthe same shall be in force and effect.
PASSED, APPROVED AND ADOPTED THIS 6th day of January 2004.
Bob Zirbes, Mayor
I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby certify that the foregoing
Resolution was passed, approved and adopted at the regular meeting of the City Council of the City
of Diamond Bar held on January 6, , 2004, by the following vote:
AYES:
COUNCIL
MEMBERS:
NOES:
COUNCIL
MEMBERS:
ABSENT:
COUNCIL
MEMBERS:
ABSTAINED:
COUNCIL
MEMBERS:
Lynda Burgess, City Clerk
City of Diamond Bar