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CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
December 14, 2004
Next Resolution No. 2004-64
NextOrdinance No. 10(2004)
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
INVOCATION: Dr. James Price,
Diamond Canyon Christian Church
ROLL CALL: Council Members O'Connor, Zirbes, Mayor Pro
Tem Herrera, Mayor Chang
APPROVAL OF AGENDA: Mayor
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 itemsnot listed on the posted agenda. Please complete a
Speaker's Card and give it to the City Clerk (completion of this form is voluntary).
There is a five-minute maximum time limitwhen addressina the Citv Council.
4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members ofthe 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 D.B. COMMUNITY FOUNDATION MEETING— December 16, 2004 — 7:00
p.m., AQMD/Government Center Room CC -8, 21865 Copley Dr.
5.2 CHRISTMAS HOLIDAY OBSERVANCE — City Offices will be closed
December 23 and December 24, 2004. Offices will reopen Monday,
December 27, 2004.
DECEMBER 14, 2004 PAGE 2 CITY COUNCIL
5.3 NEW YEAR'S DAY OBSERVANCE - City Offices will be closed, Friday,
December 31, 2004. Offices will reopen Monday, January 3, 2004.
5.4 CITY COUNCIL MEETING - January 4, 2005 - 6:30 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr.
5.5 PLANNING COMMISSION MEETING - January 11, 2005 - 7:00 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr.
5.6 STATE OFTHE CITY -January 13, 2005 -7:00 a.m., D.B. Center, 1600 S.
Grand Ave.
5.7 TRAFFIC AND TRANSPORTATION COMMISSION - January 13, 2004 -
7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley
Dr.
6. CONSENT CALENDAR:
6.1 City Council Minutes - Special Meeting ofDecem ber 1,2004 -Approve as
submitted.
6.2 Check Register - Ratify Check Register dated December 9, 2004 in the
amount of $297,887.70.
Requested by: Finance Division
6.3 Rejection of Claim - Filed by Mike and Susan Guzman on December 2,
2004.
Recommended Action: Reject Claim.
Requested by: City Clerk
6.4 Second Reading And Adoption Of Ordinance No. 09(2004) Amending
Section 3.28.060 Of The Diamond Bar Municipal Code Eliminating
Reference To The Finance Committee.
Recommended Action: Adopt.
Requested by: City Manager
DECEMBER 14, 2004 PAGE 3 CITY COUNCIL
6.5 Adopt Resolution No. 2004 -XX: Authorizing Termination Of The
Confirming Letter Of Credit And Execution And Delivery Of An
Amendment ToThe Reimbursement Agreement, Pertaining To The City
Of Diamond Bar Public Financing Authority Variable Rate Lease
Revenue Bonds, 2002 Series A(Comm unity/Senior Center Project); And
Authorizing Certain Other Actions In Connection Therewith.
Recommended Action: Adopt.
Requested by: City Manager
6.6 Adopt Resolution No. 2004 -XX: Establishing Salary Ranges For All
Classes Of Employment Effective The Pay Period Commencing
December 26, 2004; Rescinding Resolution No. 2004-61 In Its Entirety.
Recommended Action: Adopt.
Requested by: City Manager
6.7 Approval Of Contract Amendment No. 6 To Extend City -Wide
Landscape Maintenance Contract With Trugreen Landcare For One
Year, January 1, 2005 Through December 31, 2005 In The Amount Of
$315,564; Plus Appropriation Of $36,000 From LLAD #39 Reserves For
Contract Costs Related To LLAD #39 And Appropriation Of $15,000
From General Fund Reserves For Contract Costs Related To City Parks.
Recommended Action: Approve.
Requested by: Community Services Division
7. PUBLIC HEARINGS: None
8. COUNCIL CONSIDERATION:
8.1 (a) Selection of Council Appointee -Individual Council members have
submitted their nominees, and the names are as follows: Jack Tanaka,
Joe McManus and Dan Nolan. The Council will discuss and consider
these nominations and any other candidates itwishes at its discretion.
(b) Selection of Term of Appointee -The Council will, at its discretion,
include consideration ofthe appointee's term.
(c) Call for Election - The Council may opt to call for a special election
or continue the matter to the January 4, 2005 meeting.
DECEMBER 14. 2004 PAGE 4 CITY COUNCIL
8.2 Reorganization of Mayor Pro Tem.
Selection of Mayor Pro Tem.
COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT:
Agenda No. 6.1
CITY OF DIAMOND BAR
CITY COUNCIL SPECIAL MEETING
DECEMBER 1, 2004
CALL TO ORDER: Mayor Zirbes called the Special Meeting to order at
8:11 a.m. in Conference Room B of the South Coast Air Quality Management
District/Government Center, 21865 Copley Dr., Diamond Bar, CA.
Present: Council Members Chang, O'Connor, Mayor Pro Tem
Herrera and Mayor Zirbes.
Council Member Huff was excused.
Staff Present: Linda Lowry, City Manager; Michael Jenkins, City
Attorney; James DeStefano, Deputy City Manager; David Doyle, Deputy City Manager
and Tommye Cribbins, Assistant City Clerk.
1. PUBIC COMMENTS: None Offered
RESPONSE TO PUBLIC COMMENTS: None
2. CONSIDERATION OF THE PROCESS FOR APPLICANT INTERVIEWS TO
FILL CITY COUNCIL VACANCY.
MPT/Herrera felt it was important for the four remaining Council Members to
interview applicants as a group rather than one-on-one. Individuals say different
things to different people and there should be continuity in the process and the
same set of questions should be used to interview each candidate in the interest
of fairness. Each individual should be interviewed in Conference Room B with the
remaining applicants waiting outside the room unable to hear the responses. In
this way, the four Council Members could objectively evaluate individual
responses. She felt it might be too burdensome to interview all applicants on
December 7 because 21 applications had been pulled and the City could receive
even more applications by Friday.
M/Zirbes pointed out that there might be only 10 applicants since only 6 of the 21
applications had been submitted to date.
MPT/Herrera said that the Council had been through the process of selecting a
City Manager. In that case, Council Members reviewed and ranked each
candidate with the top 5 candidates being selected for interview. She
recommended that the Council conduct the same type of interview process for
the Council vacancy. She also recommended that staff list the candidates with
columns for ranking next to each name. The Council Members should then rank
each applicant individually and have staff collate the numbers to determine which
five candidates the four Council Members would interview.
DECEMBER 1, 2004 PAGE 2 CC SPECIAL MTG
M/Zirbes felt that the fairest way to proceed would be to interview all applicants.
For example, 15 individuals turned in applications. The interviews could be
scheduled 10 minutes apart and then Council Members could rank applicants
from the initial interview to determine the five finalists for a more in-depth
interview.
MPT/Herrera agreed that it would be courteous to interview all applicants.
C/Chang agreed that it would most reasonable for all Council Members to
interview all applicants, rank the applicants and then invite the top five back for a
second interview.
In response to C/O'Connor, CA/Jenkins stated that the interviews must be held in
public view. However, the Council could say to the candidates that they would not
be considered unless they were willing to abide by the Council's request to
remain outside while others were being interviewed.
C/O'Connor said that she was not familiar with about half of the individuals who
pulled applications and that she had asked staff to set up appointments for her
beginning on Friday so that she could meet the individuals prior to interviewing
them. It was okay with her if the Council chose to interview individuals as a group
and felt it was important that all applicants be interviewed. Rather than ranking 1
through 5 in order of preference, she preferred to pick the top five for final
interview. She also felt that staff should contact each individual to inquire as to
why their application had not been received.
MPT/Herrera said that if people were truly interested in the position they would
make the effort to complete and submit the application. Staff should not have to
chase after individuals who should be responsible for their own actions or lack
thereof. She felt that many individuals would be deterred from filling out and
submitting Conflict of Interest forms each year.
M/Zirbes said that the application form states that applicants who submit a
resume and/or return the application by 3:30 p.m. on Friday, December 3 would
be scheduled for an interview on December 7 and because the form is explicit
about what needs to be done in order to have an interview on Tuesday,
December 7, the Council should abide by those statements.
C/O'Connor felt that 10 minutes was an insufficient amount of time to get to know
an individual. Discussion ensued.
C/Chang felt that each individual should have a 20 -minute interview.
MPT/Herrera said she had a problem with Council Members conducting
individual interviews.
DECEMBER 1, 2004 PAGE 3 CC SPECIAL MTG
M/Zirbes recapped: Each candidate will be granted a 20 -minutes interview; the
study session/interview process will be backed down from 6:00 p.m. in
accordance with the number of applicants; staff will contact each interviewee to
give each individual a time slot; applicants are to be told that in order to be
considered they must remain in the hall until they are called into the public
interview session; interviews will be scheduled on a random basis in accordance
with the applicant's availability; staff will provide a list of standard interview
questions to each applicant.
CA/Jenkins felt individuals would not be surprised about the questions asked by
Council so it would be feasible to give them a list beforehand. Everyone
understood what the job entailed and he felt the evaluation would depend more
on Council's reactions to individual answers and that applicants would in all
likelihood, come prepared to respond to why they believed they should be
considered to fill the vacancy and what they believed they could contribute to the
City.
MPT/Herrera suggested that each Council Member pick a preferred candidate
and those four be interviewed as the final candidates. Discussion ensued.
CA/Jenkins responded to C/O'Connor that the rankings could be public without
divulging how the Council Members arrived at the list of finalists.
DCM/Doyle summarized: On December 7 the Council will hold the collective
interviews, develop a rating sheet, present the sheets to staff, staff will go
through the sheets and create the final interview list outside of the public arena in
City Hall. The finalists will be contacted and invited back on December 14 for a
second interview or selection. The December 7 regular meeting agenda would
include an item calling for direction to staff for the final interview process. He
asked who would be writing the interview questions.
MPT/Herrera felt that if December 7 was a "get acquainted" session it would be a
conversational type of process during which the Council could ask applicants
questions about their applications, their experiences, involvement with the City of
D.B., etc. The second round could be questions pertaining to specifics about how
the applicant would work to help the City attain the Council's approved goals.
There was general consensus.
CA/Jenkins offered 10 possible questions to staff for the December 7 interview.
CM/Lowry asked for specific direction in order to pass along the correct
information to the applicants.
M/Zirbes said that on December 7 the first round interviews would be finished by
6:00 p.m. leaving 30 minutes for Council discussion and selection of the final
applicants for discussion and direction to staff during the regular meeting.
C/O'Connor reiterated her assumption that on December 14 the finalists would
DECEMBER 1, 2004 PAGE 4 CC SPECIAL MTG
be interviewed prior to the regular meeting with nominations being offered during
the regular City Council meeting.
C/Chang said the Council should inform each applicant what process would lead
to final determination during the first interview on December 7.
CA/Jenkins assured C/O'Connor that there were a variety of alternatives and
there was nothing that would preclude the Council from going back and
approaching it in a different manner. If the Council is unable to reach a final
decision. The Council could re-agendize the matter for the first January meeting.
Some Councils like to start by having the Mayor call each Council Member's
name to announce their top choice and then see if one person garners three
votes. The other method would be to nominate each individual one at a time and
vote yea or nay. There is no hard and fast rule. He personally liked the first
method of calling the roll with each person announcing his/her choice. In fact, the
Council could choose an individual who had not applied and had not gone
through the interview process. In short, up to the point of special election, the
Council can do whatever it wants in the selection process.
DCM/DeStefano asked when the Council intended to start its process on
December 14. Four Planning Commissioners have pulled applications and there
is a Planning Commission the evening of the 14th, beginning at 7:00 p.m.
PUBLIC COMMENTS: Jack Tanaka asked if the Council had made a
decision about whether applicants would be allowed to remain in the public
meeting after their interview.
MPT/Herrera felt it would be uncomfortable and intimidating for applicants to
remain in the room.
C/Chang said it was a public meeting and anyone who wished to remain in the
room once they were finished could do so.
M/Zirbes agreed.
Beatrice Grossman asked how many vacancies there were on the Council.
Council Members responded that there is one opening replacing Mr. Huff.
C/Chang reminded everyone that next November there would be three positions
open.
C/Chang indicated to C/O'Connor that he expected the Council to decide on
December 14 or in January how long the selected applicant would serve.
M/Zirbes said he intended to look at a selection based on filling out the balance
of the term to avoid the election process. If the Council could not come to such a
DECEMBER 1, 2004 PAGE 5 CC SPECIAL MTG
determination it could be reduced to one year. He wanted to remain open-minded
to placing the individual for the entire balance of the term.
MPT/Herrera agreed and suggested the Council leave all options open to
consideration.
C/Chang said he would prefer to appoint someone for only one year and leave
the future choice open to an election by the people.
C/O'Connor said that she was inclined to confirm a three-year appointment only if
it was the next highest vote getter from the last election. However, she was open
to considering the three-year appointment.
CM/Lowry asked for confirmation that there would not be an agenda item related
to this process for discussion and direction to staff on December 7. Council so
confirmed.
CA/Jenkins said it would be helpful to go through each step of the process so
that everyone was on the same page.
DCM/Doyle reiterated: Friday, December 3: 3:30 p.m. deadline for applications.
Staff would then begin to pull names from a hat (random order) to determine the
order of scheduling applicants for interviews 20 minutes apart starting from 6:00
p.m. working back depending on the number of interviews. If random order does
not work staff would have the flexibility to work the scheduling accordingly. This
process would create the interview list for the Council as well as start time for the
interviews. Prior to the interview, staff will put together a list of questions that
would be included in Friday's packet. Those questions would be asked of
applicants on Tuesday, December 7 during the initial interview. The Council
would be seated in Conference Room B and the applicants would be seated in
another room waiting for their interview time. At 6:00 p.m. when the last interview
is completed the Council will commence to rank the applicants, how the
nomination process will go forward and determine the second round of interviews
between 6:00 p.m. and 6:30 p.m. prior to the regular Council meeting.
CA/Jenkins asked if the Council wanted staff to make the questions available to
the applicants in advance of the interview. Council concurred to have the list of
questions available at City Hall. CA/Jenkins asked if the Council would have
sufficient time between 6:00 p.m. and 6:30 p.m. to digest all of the interviews and
determine what would happen next or has the Council already decided that the
next step would be the ranking process.
DCM/Doyle said his understanding was that based on the number of interviews
the Council would on December 7 at the conclusion of the interview process,
decide how many names they would give staff for the second interview. Council
will discuss how it wants to do the nomination process and how Council will
nominate people for actual voting per CA/Jenkins' recommendations. (This could
also be decided prior to commencement of the December 14 regular meeting).
DECEMBER 1, 2004 PAGE 6 CC SPECIAL MTG
December 14: Second round of interviews to conclude prior to the regular
meeting with the process being similar to the first round.
C/Chang felt that at the end of the interview process on December 7th the Council
should be able to select its final list.
MPT/Herrera suggested the Council should have all interviews completed by
5:30 p.m. on December in order to have sufficient time to make a decision about
who would be selected to participate in the final interview or to decide that the
Council needs to have a second round of interviews prior to final selection. Staff
should prepare a second round of questions in case the Council needed to
conduct a second interview process.
C/O'Connor said she was more comfortable with MPT/Herrera's scenario since
the Council Members would be meeting the applicants for the first time.
DCM/Doyle confirmed that the Council would not want consideration of an
appointment placed on the agenda for the regular December 7 meeting. Council
concurred.
CA/Jenkins reminded Council Members that they previously considered
compiling their rankings individually after the first interview and giving those
rankings to staff for collation and presentation on December 14.
MPT/Herrera said she would want to know the outcome on December 7.
C/O'Connor wanted to leave her options open because she was not certain that
she could arrive at two final candidates on December 7.
C/Chang said that if Council could not come up with a final list on December 7
they should have a final list prior to the December 14 meeting.
M/Zirbes asked to have the list by 9:00 a.m. on December 7 to see how many
interviews the Council would have that evening and to determine at the end of
the first interview whether the Council would need more time for second
interviews.
CA/Jenkins reiterated that Council would not reveal the rankings on the evening
of December 7 but would instead present those rankings to staff by December
10. Should the names be made public on December 10 as part of the packet that
gets mailed out for the meeting of December 14? Council Members indicated in
the affirmative.
CM/Lowry said that by end of business on December 7 the Council would tell
staff whether or not to schedule a second go -round of interviews.
CA/Jenkins said as a natural part of this process that some individuals may call
DECEMBER 1, 2004 PAGE 7 CC SPECIAL MTG
Council Members and lobby on their behalf or they may have other individuals
call to lobby on their behalf. There will be such conversations during the period of
time when Council Members are arriving at their ranking decisions and the
Council should not give the impression that they were sequestered from this type
of contact.
C/O'Connor advised staff that she would not be able to start the interview
process before 1:00 p.m. on December 7.
CA/Jenkins summarized: By the end of the study session on December 7 Council
would have a better idea as to what would happen next; there will be no agenda
item for the regular December 7 meeting; by December 10 a packet would be
sent out for the December 14 meeting that would include names of the "finalists"
and whether there would be additional interviews on the 14th or the time would be
devoted strictly to process of deciding on an appointment and for what length of
time.
CM/Lowry advised Council that time permits 13 interviews on December 7.
M/Zirbes said there would be no discussion of this subject during the December
21St meeting because C/Chang would be out of the country.
CM/Lowry asked if Council wanted a question included that addressed the length
of time an applicant was willing to serve.
Council concurred to hold the December 14 meeting in the main auditorium in full
public view.
MPT/Herrera asked if staff would prepare an analysis sheet for the Council
Members that would include the name of each applicant so that during the
interview process notes could be made for future reference.
DCM/Doyle said staff would pare down the interview questions and included
them on the analysis sheet.
M/Zirbes said that Mr. Huff continues to create problems for the Council and City
by stealing away EA/Whitehouse. M/Zirbes complimented EA/Whitehouse on her
great care of the City Council and was happy for her that she would assume a
new position. At the same time he was sad and sorry that she would be leaving
the City and would not be there to take care of him and the other Council
Members.
MPT/Herrera said that in the nine years that she has been on the City Council
EA/Whitehouse always did an outstanding job in making sure she was always
prepared, had everything she needed to do her job and was directed to where
she needed to go.
DECEMBER 1, 2004 PAGE 8 CC SPECIAL MTG
C/Chang said in the seven years he had been on the Council it was wonderful to
work with EA/Whitehouse. Whenever the Council needed something
EA/Whitehouse made it happen.
ADJOURNMENT: With no further business to come before the City Council,
M/Zirbes adjourned the Special Meeting at 9:36 a.m.
Linda C. Lowry, City Clerk
The foregoing minutes are hereby approved this day of , 2004.
Wen Chang, Mayor
AGENDA # 6.2
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.
Agenda # 6.3
Meeting Date: December 14, 2004
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Rejection of Claim —Filed by Mike and Susan Guzman — November 3, 2004
RECOMMENDATION: Carl Warren & Co., the City's claims administrator, recommends the City
Council reject the claim filed by Mike and Susan Guzman.
FINANCIAL IMPACT: There is no financial implication associated with rejecting this claim. The
claim for damage is for approximately $625. Should the claim be successful, it will be paid by the
JPIA.
BACKGROUND: On November 3, 2004, Mike and Susan Guzman filed a Claim for Damages with
the City alleging that the damage to sewer pipes was caused by roots from a tree owned by the City.
Carl Warren & Co., the City's claims administrator, determined that the claim appears to be one of
questionable liability and has recommended denial. Upon action by the City Council, appropriate
notice shall be sent to the claimant and Carl Warren & Co.
PREPARED BY: Tommye Cribbins, Executive Asst.
REVIEWED BY:
Deputy City Manager
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # 6.4
Meeting Date: December 14, 2004
AGENDA REPORT
TITLE: Adopt Ordinance No. 09-2004 amending section 3.28.060 of the Diamond Bar Municipal
Code eliminating reference to the Finance Committee
RECOMMENDATION:
The Finance Committee recommends the City Council adopt Ordinance No. 09-2004 amending
Section 3.28.060 of the Diamond Bar Municipal Code to eliminate reference to the Finance
Committee.
FINANCIAL IMPACT:
There is no financial implication associated with this action.
BACKGROUND
In November 2004 the City Council introduced Ordinance 09-2004 to revise the process the City uses
to disburse payments. The attached Ordinance eliminates review of the register of payments by the
Finance Committee and requires the review be conducted by the full Council.
If adopted by the City Council tonight, the Ordinance will be effective in 30 days
Prepared By:
David Doyle
Deputy City Manager
Attachment:
1. Ordinance No 09-2004
Ordinance No. 09 (2004)
An Ordinance of the City of Diamond Bar amending SECTION 3.28.060
of the Diamond bar municipal code REGARDING PAYMENT OF DEMANDS
The City Council of the City of Diamond Bar does ordain as follows:
SECTION 1. This ordinance is enacted for the purpose of amending Section 3.28.060 of the
Diamond Bar Municipal Code to remove any reference to the Finance Committee as part of the
process of issuing payments.
SECTION 2. Section 3.28.060 of Title 3, Chapter 3.28 of the Diamond Bar Municipal Code is
amended to read as follows:
3.28.060 Purchases; supplies; services
(a) All demands, invoices or claims for purchases, supplies or services included within budgetary
appropriations shall be presented in writing to the City Manager. All such demands, invoices
or claims shall be fully itemized and verified as just and correct by the claimant or its
authorized agent.
(b) Each demand shall be appropriately documented.
(c) Such demands, invoices, or claims shall be audited by Finance Director or his or her designee,
who shall prepare a check register. The affidavit of the Finance Director shall be attached to
the check register certifying its accuracy.
(d) The check register shall be ratified by the City Council at a regular City Council meeting.
(e) All claims shall be paid by checks drawn by the City and signed by the persons designated by
resolution of the City Council.
Section 3. The Mayor shall sign this Ordinance and the City Clerk shall cause the same to
be posted within fifteen (15) days after its passage in at least three (3) public locations in the City of
Diamond Bar.
Passed, Approved, and Adopted this day of , 2004.
Mayor
I, Linda Lowry, City Clerk of the City of Diamond Bar, California, do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the Council of the City of Diamond
Bar held on the day of , 2004, and was finally passed at a regular meeting
of the City Council of the City of Diamond Bar held on the day of
2004 by the following vote:
Ayes: Council Members:
Noes: Council Members:
Absent: Council Members:
Abstained: Council Members:
Linda C. Lowry, City Clerk
Agenda # —6.5
Meeting Date: December 14, 2004
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Resolution authorizing the termination of the Confirming Letter of Credit, and amending
the terms of the Reimbursement Agreement pertaining to the Variable Rate Lease
Revenue Bonds, and First Amendment to the Reimbursement Agreement with Union
Bank of California
RECOMMENDATION:
Approve Resolution and First Amendment to the Reimbursement Agreement with Union Bank of
California.
FINANCIAL IMPACT:
Cost of LOC Replacement
CALSTRS Termination Fee
Bond Counsel
Financial Advisor
UBOC Legal Fees
S & P Rating
Prorated cost of C
Current FY 04-05 Budge -
10,000 LOC Fees
5,000 Confirming LOC Fees
25,000 1 Remarketing Fees
10,000
F
8.479
FY 04/05 LOC Fees per Schedule ' 115,717
Grand Total FY 04-05 Costs $178,196
Additional Appropriation Required
36,000
15,000
$173,000
.pJ, I'qV
If savings cannot be located in the current budget during the midyear review, appropriation will be
requested at that time.
It is anticipated that there will be cost savings of approximately $210,300 over the next five fiscal
years.
BACKGROUND:
In early 2004, the City requested that Kosmont Financial Services, Inc. and US Bancorp Piper Jaffray
to perform an assessment of the City's Variable Lease Revenue Bonds to determine if costs could be
reduced. In reviewing the underlying financial structure several alternatives that might be available
were evaluated. It was found that the best alternative to pursue was the re -bidding of the existing
Letter of Credit (LOC).
DISCUSSION:
In October, Kosmont Financial Services, Inc. was retained to bid and secure a replacement Letter of
Credit that would produce an annual savings to the City. The re -bidding process solicited interest
from seventeen financial institutions. Six of which expressed an interest in bidding, and requests for
proposals were sent.
Union Bank of California submitted the most competitive bid, which reduced the annual LOC fees
from 115 basis points (bps) to 70 basis points. According to Kosmont Financial Services, the savings
from the initial year will pay for all transaction costs except for approximately $5,400. The initial five
fiscal year's savings, spanning 2005-2009, amount to approximately $210,300.
The recommendation from Kosmont Financial Services is to leave in place the existing Union Bank of
California LOC priced at 70bps, but terminate the CALSTRS Confirming LOC.
The resolution presented for adoption terminates the Confirming Letter of Credit with CALSTRS and
makes the necessary changes to the Union Bank of California LOC agreement.
PREPARED BY:
Linda G. Magnuson
REVIEWED BY:
Department Head
Deputy City Manager
Attachments: Resolution No. XX -XX, and First Amendment to the Reimbursement Agreement with
Union Bank of California
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
AUTHORIZING TERMINATION OF THE CONFIRMING LETTER OF CREDIT AND
EXECUTION AND DELIVERY OF AN AMENDMENT TO THE REIMBURSEMENT
AGREEMENT, PERTAINING TO THE CITY OF DIAMOND BAR PUBLIC FINANCING
AUTHORITY VARIABLE RATE LEASE REVENUE BONDS, 2002 SERIES A
(COMMUNITY/SENIOR CENTER PROJECT); AND AUTHORIZING CERTAIN OTHER
ACTIONS IN CONNECTION THEREWITH
WHEREAS, the City of Diamond Bar Public Financing Authority (the "Authority") has issued its
Variable Rate Lease Revenue Bonds, 2002 Series A (Community/Senior Center Project) (the
"Bonds");
WHEREAS, to provide credit enhancement for the Bonds, the City has entered into a
Reimbursement Agreement, dated as of December 1, 2002, by and between the City and Union Bank
of California, N.A. ("Union Bank"), pursuant to which Union Bank issued its irrevocable, direct pay
letter of credit (the "Union Bank Letter of Credit");
WHEREAS, Union Bank has entered into a Confirmation Agreement, dated as of December 1,
2002, with California State Teachers' Retirement System ("CaISTRS"), pursuant to which CaISTRS
issued its Confirming Letter of Credit (the "Confirming Letter of Credit") to confirm payments made by
Union Bank pursuant to the Union Bank Letter of Credit;
WHEREAS, the City has determined that it is in the best interests of the City to exercise the
City's right to terminate the Confirming Letter of Credit and to amend certain terms of the
Reimbursement Agreement;
WHEREAS, the City Council has reviewed the documentation related to the termination of the
Confirming Letter of Credit and the amendment to the Reimbursement Agreement, which
documentation is on file with the City Clerk of the City of Diamond Bar;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA,
DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
The City hereby finds and determines that the foregoing recitals are true and correct.
The "First Amendment to Reimbursement Agreement, " in substantially the form on file with the City
Clerk of the City and presented to the City Council at this meeting, is hereby approved. Any one of
the Mayor, the City Manager or the City Clerk of the City, or any designee of any of them (each, an
"Authorized Officer" and collectively the 'Authorized Officers') is hereby authorized and directed, for
and in the name and on behalf of the City, to execute and deliver the First Amendment to
Reimbursement Agreement, with such insertions and changes as may be approved by the Authorized
Officer executing the same, subject to the provisions of this Resolution, such approval to be
conclusively evidenced by such execution and delivery.
The termination of the Confirming Letter of Credit according to its terms is hereby approved and any
one of the Authorized Officers is hereby authorized to execute any and all notices or other documents
necessary to effect the termination of the Confirming Letter of Credit.
The Authorized Officers, the other officers and employees of the City, the members of the City
Council, Bond Counsel and the other consultants to and agents of the City, are each hereby
authorized and directed to do all things and take all actions necessary or desirable to effectuate the
transaction contemplated by this Resolution, and to execute such other assignments, agreements,
certificates, receipts, endorsements, orders, opinions and other documents in connection with such
transactions, including, without limitation, closing documents in connection with the issuance of the
Bonds, which actions are hereby ratified, approved and confirmed in every respect.
This Resolution shall become effective immediately upon adoption.
PASSED, APPROVED AND ADOPTED this 14th day of December, 2004.
Wen Chang, Mayor
I, Linda Lowry, as City Clerk of the City of Diamond Bar, California, do hereby certify that the
foregoing Resolution was duly and regularly passed and adopted by the City Council of the City of
Diamond Bar, California at a special meeting held on the 14th day of December, 2004, by the following
vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Linda Lowry, City Clerk
FIRST AMENDMENT TO
REIMBURSEMENT AGREEMENT
THIS FIRST AMENDMENT TO REIMBURSEMENT AGREEMENT (the "First Amendment") is
made as of December 1, 2004, by and between the CITY OF DIAMOND BAR, a municipal
corporation organized and existing under and by virtue of the Constitution and laws of the State of
California (the "City") and the UNION BANK OF CALIFORNIA, N.A., a national banking association
organized and existing under the laws of the United States ("UBOC").
RECITALS
A. The City and UBOC have previously entered into that certain Reimbursement
Agreement, dated as of December 1, 2002 (the "Reimbursement Agreement") whereby UBOC issued
its irrevocable Letter of Credit No. 3065234589 to Union Bank of California, N.A., as trustee (the
"Trustee") under that certain Indenture, dated as of December 1, 2002 (the "Indenture"), by and
between the Trustee and the City of Diamond Bar Public Financing Authority (the "Authority").
B. Pursuant to the Indenture, the Authority issued its Variable Rate Lease Revenue Bonds,
2002 Series A (Community/Senior Center Project) (the "Bonds").
C. The City and UBOC have agreed to amend the Reimbursement Agreement as set forth
below
NOW THEREFORE, in consideration of the foregoing recitals, the mutual covenants contained
herein, and other good and valuable consideration, receipt and sufficiency of which is hereby
acknowledged, the parties agree as follows:
1. Definitions. Capitalized terms used herein and not otherwise defined shall have the
same meaning as set forth in the Reimbursement Agreement.
2. Amendment.
2.1 The Reimbursement Agreement is hereby amended by deleting the following
terms defined in Section 1.01:
"Confirmation Agreement"
"Confirmina Bank"
"Confirming Letter of Credit"
2.2 The Reimbursement Agreement is hereby amended by deleting the phrase in
Section 1.01 in the definition of "Bank Bonds" which reads "...or any and all Bonds purchased by the
Trustee by means of a draw on the Confirming Letter of Credit."
2.3 The Reimbursement Agreement is hereby amended by deleting the last sentence
in Section 2.01.
2.4 The Reimbursement Agreement is hereby amended by deleting the percentage
"0.85%" in Sections 2.03(b) and 2.03(c) and substituting in lieu thereof the percentage "0.70%."
2.5 The Reimbursement Agreement is hereby amended by deleting Section 2.03(g)
in its entirety.
2.6 The Reimbursement Agreement is hereby amended by deleting all references to
the Confirmation Agreement, the Confirming Bank and Confirming Letter of Credit and, as of the
"Amendment Effective Date" as defined below, terms and provisions in the Reimbursement
Agreement relating to the Confirmation Agreement, the Confirming Bank and the Confirming Letter of
Credit shall be of no further force or effect, except that (i) the obligations of the City with regards to
Payment Obligations, as set forth in Section 2.04 of the Reimbursement Agreement and (ii) the
obligations of the City to pay fees and expenses of the Confirming Bank, including but not limited to,
fees due upon termination of the Confirming Letter of Credit, shall survive execution of this
Amendment and shall remain obligations of the City until paid in full.
3. Effect. All Related Documents which reference the Reimbursement Agreement shall be
deemed hereafter to refer to the Reimbursement Agreement as hereby amended. Except as
specifically amended herein, the Reimbursement Agreement and all Related Documents shall remain
in full force and effect and are hereby ratified and confirmed.
4. Representation and Warranties. As part of the consideration for this Amendment, the
City represents and warrants to UBOC as follows:
4.1 The execution, delivery and performance by the City of this Amendment are
within the City's powers, have been duly authorized by all necessary action on the part of the City,
and require no action by or in respect of, or filing with, any governmental body, agency or official, and
the execution, delivery and performance by the City of this Amendment do not contravene, or
constitute a default under, any provision of applicable law or regulations or any material agreement,
judgment, injunction, order, decree or other instrument binding upon the City.
4.2 This Amendment constitutes the valid and binding obligation of the City,
enforceable against the City in accordance with its terms, except as enforceability may be subject to
applicable bankruptcy, insolvency, reorganization, moratorium or other laws now or hereafter in effect
relating to creditor's rights, and to the general principles of equity (regardless of whether enforcement
is sought in a proceeding in equity or at law).
4.3 After giving effect to this Amendment, no Event of Default has occurred and is
continuing, and after giving effect to this Amendment, the representations and warranties of the City
contained in the Reimbursement Agreement and the Related Documents are true and correct in all
material respects as of the date hereof as if made on the date hereof.
5. Conditions to Effectiveness of this Amendment. This Amendment shall become
effective on the date (the "Amendment Effective Date") when each of the following shall have been
delivered to UBOC:
5.1 Amendment. Counterparts of this Amendment duly executed by each of the
parties hereto.
5.2 Fees and Costs. Fees and costs of UBOC, including fees of its counsel, and
fees and costs of the Confirming Bank, including fees relating to the termination of the Confirming
Letter of Credit.
5.3 Other Documents. All other certificates, consents, and documents which may be
reasonably requested by UBOC relating to the existence of the City, the corporate authority for and
the validity of this Amendment, and any other matters relevant hereto and thereto, all in form and
substance satisfactory to UBOC.
5.4 Approval of UBOC's Counsel. Approval by legal counsel for UBOC as to all
actions, proceedings, instruments and documents required to carry out the transactions contemplated
by this Amendment or incidental thereto and all other related matters.
6. Counterparts; Effectiveness. This Amendment may be executed in any number of
counterparts and by different parties hereto in separate counterparts, each of which when so
executed and delivered shall be deemed to be an original and all of which taken together shall
constitute but one and the same instrument.
7. Governing Law; Submission to Jurisdiction, and Waiver of Jury Trial. THIS
AMENDMENT IS SUBJECT TO THE PROVISIONS OF SECTIONS 7.14 AND 7.17 OF THE
AGREEMENT, RELATING TO GOVERNING LAW, CONSENT TO JURISDICTION, AND WAIVER
OF JURY TRIAL, THE PROVISIONS OF WHICH ARE BY THIS REFERENCE HEREBY
INCORPORATED HEREIN IN FULL.
IN WITNESS WHEREOF, this Amendment has been entered into by the parties as of the date
first above written.
"CITY"
By:
Title:
"UBOC"
UNION BANK OF CALIFORNIA, N.A.
Title:
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # 6.6
Meeting Date: December 14„ 2004
AGENDA REPORT
TITLE: Resolution No. 2004-xx, Establishing Salary Ranges for All Classes of Employment
Effective the Pay Period Commencing December 26, 2004; Rescinding Resolution No.
2004-61 in its Entirety.
RECOMMENDATION:
It is recommended that the City Council adopt Resolution No. 2004 -XX, establishing job
classifications and salary ranges, and rescind Resolution No. 2004-61 in its entirety.
FINANCIAL IMPACT:
The annual financial impact of the attached resolution is approximately $10,000. The financial
implication for the remainder of FY 2004-05 is approximately $7,000. It is anticipated that the funds
can be located in the existing budget. If the cost can not be absorbed in the existing budget then a
budget adjustment will be presented for Council consideration in January.
BACKGROUND
In November 2004 the City Council adopted Resolution 2004-61 establishing the salary ranges for all
classes of City employment. Since that time a need has developed to modify the Salary Resolution
described below.
DISCUSSION
The adoption of Resolution No. 2004 -XX will have the following impacts:
• Create a part time (20 hours per week — no benefits) Public Information Specialist position.
Based on the top step of the salary range, the cost for this position is $18,980.
• Change the title from Deputy City Manager to Assistant City Manager. There is no cost
associated with this action.
• Create a Parks and Maintenance Inspector/Technician position. There is no cost associated
with the creation of this position since the decision to fund this position would be considered by
the City Council in January.
• Modify the salary range of the Development Services Associate position from salary range
1897 to salary range1635. This will result in a savings of $8,748 based on the top step of the
salary range.
Public Information Specialist
This part time position will report to the Public Information Manager and assist with a variety of routine
duties such as writing press releases, placing ads, creating the Community Recreation Guide, and
assisting with production of the City newsletter. This will allow the full time Public Information staff to
concentrate on the following two priorities:
Assist with the City's Economic Development Program
Enhance the use of DBTV, the City Public Information Television channel.
Assistant City Manager
At the request of the City's Deputy City Managers, the City Manager recommends the position title be
changed to Assistant City Manager to more accurately reflect the duties of the position. There is no
cost associated with this action.
Parks and Maintenance Inspector/Technician
This position will report to the Parks and Maintenance Supervisor and provide technical support and
inspection services at public buildings, parks and maintenance districts. This position provides
expertise in the building trades including, but not limited to plumbing, painting, roofing, mechanical,
carpentry, electrical, HVAC, concrete, and welding. This position also provides expertise in
landscaping and irrigation systems. This position will inspect and recommend approval of work
performed by others, including other City staff and/or contractors, and may perform the actual work
himself. Further description of the position's duties and responsibilities are discussed in the
landscape maintenance contract staff report on tonight's agenda.
The creation of this position in the salary resolution will not result in any cost impact. The decision to
fund the position will be considered by the City Council in January.
Development Services Associate
The Development Services Associate position will be relocated from salary range 1897 to salary
range 1635.
If approved by the City Council, the above actions will be effective on December 26, 2004.
PREPARED BY:
David Doyle
Deputy City Manager
Attachments:
Salary Resolution 2004-xx establishing salary ranges and rates.
Resolution No. 2004-
A Resolution of the City Council of the City of Diamond Bar establishing
salary ranges for all classes of employment effective the pay period
commencing DECEMBER 26, 2004; rescinding resolution no. 2004-61 in its
entirety.
Whereas, the City Council of the City of Diamond Bar has adopted the annual budget for fiscal year
2004-2005;
Whereas, the City Council of the City of Diamond Bar wishes to establish salary ranges (Attachment
1, Schedule A-E) for the compensation of its employees, including cost of living adjustments and
compliance with minimum wage requirements;
WHEREAS, it is necessary to assign each position to a job classification number that reflects the
various levels as either non-exempt full-time (Schedule A), exempt full-time (Schedule B), executive -
management (Schedule C), non -benefited part-time (Schedule D) or benefited part-time (Schedule E)
(Schedule A-E attached);
WHEREAS, it is necessary from time to time to establish comprehensive job classifications and salary
schedules to fix the rate of compensation to be paid to employees of the City;
Now, therefore be it resolved, the City Council of the City of Diamond Bar, does hereby repeal
all previous salary resolutions and establishes salary ranges for non-exempt full-time, exempt full-
time, executive -management, non -benefited part-time and benefited part-time as outlined in Salary
Schedules
A-E.
PASSED, ADOPTED AND APPROVED this 14th day of December 2004.
Wen Chang, Mayor
I, LINDA C. LOWRY, City Manager of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was passed, adopted and approved at a regular meeting of the City
Council of the City of Diamond Bar held on the day of , 2004,
by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
Linda C. Lowry, City Clerk
City of Diamond Bar
Schedule 2
Effective 12/26/0
City of Diamond Bar
Salary Ranges By Position
FY 2004-2005
Full-time Non -Exempt Positions
(Job Classifications 1000-1599)
RANGE )OB TITLE
A
B
C
D
E
F G
1037 Office Assistant
12.39
13.01
13.66
14.34
15.06
15.81 16.60
60 9
991.2575
1,040.820
1,092.86
1,147.50
1,204.87
1,265.12 1,328.38
4
14
45
97
37
2,147.69
2,255.11
2,367.87
2,486.26
2,610.57
2,741.10 2,878.16
1141 Account Clerk II
13.62
14.31
15.02
15.77
16.56
17.39 18.26
Community Services
1,089.9225
1,144.418
1,201.63
1,261.72
1,324.80
1,391.04 1,460.60
Coordinator
6
95
15
76
80
Office Assistant II
2,361.50
2,479.57
2,603.55
2,733.73
2,870.42
3,013.94 3,164.63
1203 Parks Maintenance Worker II
14.37
15.09
15.84
16.63
17.47
18.34 19.26
1,149.5405
1,207.017
1,267.36
1,330.73
1,397.27
1,467.13 1,540.49
5
84
68
37
74
2,490.67
2,615.20
2,745.96
2,883.26
3,027.43
3,178.80 3,337.74
1257 Senior Account Clerk
15.02
15.77
16.55
17.38
18.25
19.16 20.12
1,201.2134
1,261.274
1,324.33
1,390.55
1,460.08
1,533.08 1,609.74
1
78
47
24
65 1
2,602.63
2,732.76
2,869.40
3,012.87
3,163.51
3,321.69 3,487.77
1365 Administrative Assistant 15.83 16.62
17.45
18.32
19.24
20.20 21.21
1,266.0654 1,329.368
1,395.83
1,465.62
1,538.91
1,615.85 1,696.64
7
71
90
05
60 9
2,743.14 2,880.30
3,024.31
3,175.53
3,334.31
3,501.02 3,676.07
1437 Neighborhood Improvement
Officer
Recreation Specialist
Senior Administrative
Assistant
Accounting Technician
17.17 18.03
18.93
19.87
20.87
21.91 23.01
1,373.4968 1,442.171
1,514.28
1,589.99
1,669.49
1,752.96 1,840.61
6
02
42
39
86 7
2,975.91 3,124.71
3,280.94
3,444.99
3,617.24
3,798.10 3,988.00
1460 Parks and Maintenance 19.66 20.64 21.67 22.75 23.89 25.08 26.33
Inspector/Tech
1,572.80 1,651.20 1,733.60 1820.00 1,911.20 2006.40 2,106.40
3,145.60 3,302.40 3,467.20 3640.00 3,822.40 4,012.80 4212.80
City of Diamond Bar
Salary Ranges By Position
FY 2004-2005
Full-time Exempt Positions
(Job Classifications 1600-2600)
RANGE )OB TITLE
1635 Accountant II
Assistant City Clerk
Assistant Engineer
Assistant Planner
Management Analyst
Parks & Maintenance Supervisor
Public Works Supervisor
Recreation Supervisor
Development Services Associate
1752 Sr. Neighborhood Improvement
Officer
1897 Public Information Coordinator
Recreation Supervisor II
Superintendent of
Parks/Maintenance
Schedule 1
Effective 12/26/0
A
B
C D
E
F
G
19.52
20.50
21.52 22.60
23.73
24.92
26.16
1,561.88
1,639.97
1,721.9 1,808.071
1,898.47
1,993.39
2,093.06
00
40
73 4
50
87
86
3,384.07
3,553.28
3,730.9 3,917.49
4,113.36
4,319.03
4,534.98
4
20.99 22.04 23.14 24.30 25.51 26.79 28.13
1,679.02 1,762.97 1,851.1 1,943.676 2,040.86 2,142.90 2,250.04
12 23 21 9 08 38 90
3,637.88 3,819.77 4,010.7 4,211.30 4,421.86 4,642.96 4,875.11
6
22.66
23.79
24.98 26.23
27.54
28.92
30.37
1,812.71
1,903.34
1,998.5 2,098.441
2,203.36
2,313.53
2,429.20
25
81
16 3
33
15
81
3,927.54
4,123.92
4,330.1 4,546.62
4,773.95
5,012.65
5,263.28
2
1920 Senior Management Analyst 23.09 24.24 25.45 26.73 28.06 29.46 30.94
1,846.92 1939.27 2,036.2 2,138.04 2,244.95 2,357.19 2,475.05
3
4,001.67 4,201.75 4,411.8 4,632.43 4,864.05 5,107.25 5,362.62
4
1987 Associate Planner 23.73
24.92
26.17 27.47
28.85
30.29
31.81
Associate Engineer 1,898.67
1,993.60
2,093.2 2,197.953
2,307.85
2,423.24
2,544.40
47
84
89 3
10
35
57
Executive Assistant 4,113.80
4,319.48
4,535.4 4,762.23
5,000.34
5,250.36
5,512.88
6
Senior Accountant
1990 Network/GIS Engineer 25.51 26.79 28.13 29.53 31.01 32.56 34.19
Senior Planner 2,041.07 2,143.12 2,250.2 2,362.799 2,480.93 2,604.98 2,735.23
52 89 85 6 96 66 59
4,422.33 4,643.45 4,875.6 5,119.40 5,375.37 5,644.14 5,926.34
2
1995 Public Information Manager
27.54
28.92
30.36
31.88
33.48
35.15
36.91
2,579.33
2,203.35
2,313.52
2,429.1 2,550.656
2,678.18
2,812.09
2,952.70
60
28
04
96
3
91
85
35
5,867.99
4,773.93
5,012.63
5,263.2
5,526.42
5,802.74
6,092.88
6,397.52
6
2319 Assistant to the City Manager
27.69
29.08
30.53
32.06
33.66
35.34
37.11
City Clerk
2,215.43
2,326.20
2,442.52
2,564.64
2,692.87
2,827.52
2,968.89
76
95
00
60
83
22
83
Senior Engineer
4,800.11
5,040.12
5,292.13
5,556.73
5,834.57
6,126.30
6,432.61
2571 Deputy Public Works Director 30.71
32.24
33.85
35.55
37.32
39.19
41.15
Planning Manager 2,456.51
2,579.33
2,708.30
2,843.71
2,985.90
3,135.19
3,291.95
05
60
28
79
38
90
90
5,322.44
5,588.56
5,867.99
6,161.39
6,469.46
6,792.93
7,132.58
Schedule (
Effective 12/26/0
City of Diamond Bar
Salary Ranges By Position
FY 2004-2005
executive management (Exempt) Positions
(Job Classifications 2900-3999)
RANGE JOB TITLE
A
B
C
D
E
F
G
2985 City Engineer/Public Works
35.65
37.44
39.31
41.27
43.34
45.50
47.78
Director
Comm. Development Director
2,852.30
2,994.91
3,144.66
3,301.89
3,466.99
3,640.34
3,822.36
43
95
55
88
37
34
06
Community Services Director
6,179.99
6,488.99
6,813.44
7,154.11
7,511.82
7,887.41
8,281.78
Finance Director
Information Systems Director
3172 Deputy GMV Manaqw
37.89
39.78
41.77
43.86
46.05
48.36
50.77
Assistant City Manager
3,031.03
3,182.58
3,341.71
3,508.79
3,684.23
3,868.44
4,061.87
10
26
17
73
72
90
15
6,567.23
6,895.60
7,240.38
7,602.39
7,982.51
8,381.64
8,800.72
City of Diamond Bar
Salary Ranges By Position
FY 2004-2005
Schedule I
Effective 12/26/0
PART-TIME HOURLY: NON -BENEFITED POSITIONS
(Job Classifications 500 - 899)
RANG )OB TITLE A B C D E F G
E
515 Community Services Worker 7.27 7.64 8.03 8.43 8.84 9.29 9.75
537 Community Services Leader I
7.95
8.34
9.00
9.61
10.25
10.88
11.44
753 Community Services Leader II
8.99
9.61
10.25
10.88
11.54
12.19
12.83
Intern
10.88
11.44
953 Community Services Leader II 8.99 9.61 10.25
10.88
11.54
12.19
12.83
Parks Maintenance Helper
19.88
20.87
21.91
23.01
Officer
770 Parks Maintenance Helper II
12.39
13.02
13.66
14.34
15.07
15.81
16.61
775 Community Services Coordinator
13.63
14.30
15.02
15.78
16.55
17.39
18.25
Public Information Specialist
800 Engineering Aide
15.01
15.76
16.54
17.38
18.25
19.16
20.12
Schedule I
Effective 12/26/0
PART-TIME HOURLY: BENEFITED POSITIONS
(Job Classifications 900 - 999)
tANGE )OB TITLE A B C
D
E
F
G
937 Community Services Leader I 7.95 8.34 9.00
9.61
10.25
10.88
11.44
953 Community Services Leader II 8.99 9.61 10.25
10.88
11.54
12.19
12.83
987 Neighborhood Improvement 17.17 18.02 18.93
19.88
20.87
21.91
23.01
Officer
Agenda # 6_7
Meeting Date: 12/14/04
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Approval of Contract Amendment #6 to Extend City -Wide Landscape Maintenance
Contract with TruGreen LandCare for one year, January 1, 2005 through December 31,
2005 in the amount of $315,564; Plus Appropriation of $36,000 from LLAD #39
Reserves for Contract Costs Related to LLAD #39 and Appropriation of $15,000 from
General Fund Reserves for Contract Costs Related to City Parks.
RECOMMENDATION: Approve contract amendment #6 and appropriations.
FINANCIAL IMPACT: Additional funds from LLAD #39 ($36,000) and the General Fund
($15,000) are necessary to fully fund this contract.
$89,112
$63,732
$123,756
$38,964
Current
Budget
Parks: $74,112
District #38: $63,732
District #39: $87,756
District #41: $38,964
Contract Appropriation
Cost Request
$89,112
$63,732 n/a
$123,756 $36,000
$38,964 n a
TOTALS: $264,564 $315,564 $51,000
Funding
Total
$15,000
$315,564
BACKGROUND: On July 20, 2004, the City Council extended the contract with TruGreen
LandCare for City Wide Landscape maintenance for the period of July 1, 2004 through December 31,
2004. At the time the contract was extended, TruGreen representatives reported they were losing
money on the contract and would need to raise their fees substantially to continue providing the
services specified in the contract. In anticipation of the end of this contract on December 31, staff
released an RFP and accepted bids for a contractor to service this contract. Three bids were
received:
TruGreen LandCare $315,564
Excel $452,388
ValleyCrest $504,372
DISCUSSION: The bid submitted by TruGreen LandCare is the lowest submitted by over
$136,000. Staff has a concern about the quality of work provided by TruGreen the past six months.
Staff also has a concern about such a large difference in bid price between the two lowest bidders.
As a way to take advantage of TruGreen's lower bid and to ensure that the City receives the quality of
service specified in the contract, staff has planned the following actions:
1. Include new monetary penalty clauses in the contract to reimburse the City for any
deficiencies found in TruGreen's work.
2. Up -grade the currently vacant Parks Maintenance Worker II position to Parks and
Maintenance Inspector/Technician at an annual additional cost of $20,110. This position will
provide additional inspection of work provided by TruGreen Landcare to ensure quality. Any
deficient work will be subject to monetary penalties.
Staff has met with TruGreen representatives, and they say they will be able to meet the quality
standards stated in the specifications. They also have agreed to accept the monetary penalty
provisions for any work found to be sub -standard.
With the planned actions listed above, staff can confidently recommend TruGreen Landcare as the
contractor for this contract.
REVIEWED BY:
Bob Rose
Director of Community Services
James DeStefano
Deputy City Manager
AMENDMENT #6 TO CONTRACT AGREEMENT
THIS CONTRACT AMENDMENT is made this 14th day of December, 2004 by and between the CITY
OF DIAMOND BAR, a municipal corporation of the State of California ('CITY") and TRUGREEN
LANDCARE, ("CONTRACTOR")
Recitals:
a. CITY awarded a contract to CONTRACTOR for City-wide Landscape Maintenance on
June 16, 1998.
b. The CITY has regularly extended its City -Wide Landscape Maintenance Contract with
CONTRACTOR, most recently for the period of July 1, 2004 through December 31,
2004.
C. Parties desire to amend the contract to extend the contract for an additional one year
period, January 1, 2005 through December 31, 2005, in the amount of $315,564.
d. Parties desire to further amend the contract by adding monetary penalties for contract
specification deficiencies and sub -standard work, as stated in Attachment "A" to this
Amendment.
Now, therefore, the parties agree to amend the AGREEMENT as follows:
Section 1 — Contract is amended to extend the contract for an additional one year period, January 1,
2005 through December 31, 2005, in the amount not to exceed $315,564.
Section 2 — Contract is amended to add Attachment "A", monetary penalties for contract specification
deficiencies
and sub -standard work.
Except as provided above, the AGREEMENT is in all other respects in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #6 TO CONTRACT
AGREEMENT on the date and year first written above.
ATTEST:
CITY OF DIAMOND BAR
A Municipal Corporation
Of the State of California
Signed
Wen Chang
Mayor
APPROVED TO FORM
TRUGREEN LANDCARE
Contractor
Title
Signed
City Attorney Linda Lowry, City Clerk
AGENDA NO. 8.1 a, b and c
NO DOCUMENTATION AVAILABLE
AGENDA NO. 8.2
NO DOCUMENTATION AVAILABLE