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HomeMy WebLinkAbout12/7/2004CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT October 31, 2004 SUMMARY OF CASH: BEGINNING TRANSFERS ENDING GENERAL ACCOUNT BALANCE RECEIPTS DISBURSEMENTS IN (OUT) BALANCE GENERAL FUND $22,774,430.09 $785,775.26 $1,112,966.20 $22,447,239.15 LIBRARY SERVICES FUND 0.00 PETTY CASH ACCOUNT 500.00 0.00 COMMUNITY ORG SUPPORT FD (3,906.74) ($309,290.81) (3,906.74) GAS TAX FUND 646,257.53 1,941.15 648,198.68 TRANSIT TX (PROP A) FD 1,481,350.11 97,731.72 380,859.74 1,198,222.09 TRANSIT TX (PROP C) FD 874,984.97 49,569.24 119,697.10 804,857.11 ISTEA Fund 0.00 149,331.57 0.00 INTEGRATED WASTE MGT FD 533,957.84 41,525.55 14,857.26 560,626.13 AB2928-TR CONGESTION RELIEF FD 0.00 TOTAL CASH 0.00 AIR QUALITY IMPRVMNT FD 158,140.45 768.48 2,937.28 155,971.65 PARK & FACILITIES DEVEL. FD 1,873,322.94 7,716.49 1,881,039.43 COM DEV BLOCK GRANT FD 31,797.16 16,190.07 15,607.09 CITIZENS OPT -PUBLIC SAFETY FD 221,542.14 100,901.60 1,850.35 320,593.39 NARCOTICS ASSET SEIZURE FD 313,024.83 1,289.39 314,314.22 CA LAW ENFORCEMENT EQUIP PRGM 70,813.14 322.65 71,135.79 LANDSCAPE DIST #38 FD 411,115.83 22,957.96 44,050.33 390,023.46 LANDSCAPE DIST #39 FD 248,042.61 1,102.14 18,067.33 231,077.42 LANDSCAPE DIST #41 FD 348,663.77 1,514.64 14,044.12 336,134.29 GRAND AV CONST FUND 111,579.53 111,579.53 CAP IMPROVEMENT PR] FD (738,297.37) 725,271.30 (1,463,568.67) SELF INSURANCE FUND 1,319,232.40 5,545.34 1,324,777.74 EQUIPMENT REPLACEMENT FUND 194,196.39 799.92 194,996.31 COMPUTER REPLACEMENT FUND (4,061.55) (4,061.55) PUBLIC FINANCING AUTHORITY FUND 611,354.26 1,144.10 21,001.60 591,496.76 TOTALS $31,477,540.33 $1,120,605.63 $2,471,792.68 $0.00 $30,126,353.28 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT ($320,536.06) PAYROLL ACCOUNT 10,495.25 CHANGE FUND 250.00 PETTY CASH ACCOUNT 500.00 TOTAL DEMAND DEPOSITS ($309,290.81) INVESTMENTS: US TREASURY Money Market Acct. $555,451.53 LOCAL AGENCY INVESTMENT FD 29,288,695.80 29,844,147.33 CASH WITH FISCAL AGENT: US TREASURY Money Market Account $442,165.19 LOCAL AGENCY INVESTMENT FD 149,331.57 (Bond Proceeds Account) 591,496.76 TOTAL CASH $30,126.353.28 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. There are two LAIF accounts set up. The regular account's funds are available for withdrawal within 24 hours. The LAIF Bond Proceeds account's withdrawals require 30 days notice. As a secondary investment option, the City maintains the US Treasury Sweep Accounts with Wells Fargo and the City's Fiscal Agent, Union Bank of California. Any excess funds are "swept" on a daily basis from the City's bank accounts and are invested overnight in a pool of US Treasury Notes. Interest is credited to the City's bank accounts on a monthly basis. L.A.I.F - Effective Yield - October 2004 1.890% Wells Fargo Money Mkt -Effective Yield - October 2004 1.021% Union Bank Money Mkt - Effective Yield - October 2004 1.530% All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expenditures. Linda C. Lowry, Treasurer THIS MEETING IS BEING BROADCAST LIVE BY ADELPHIA FOR AIRING ON CHANNEL 3 AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE-BROADCAST EVERY SATURDAY AT 9:00 A.M. AND EVERY TUESDAY AT 8:00 P.M. ON CHANNEL 3. M*1 09(2004) STUDY SESSION: CITY OF DIAMOND BAR CITY COUNCIL AGENDA December 7, 2004 Next Resolution No. 2004 - Next Ordinance No. 1:00 p.m., Room CC -8 Review Of Applications For Appointment Of City Council Member 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, O'Connor, Mayor Pro Tem Herrera, Mayor Zirbes APPROVAL OF AGENDA: Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation of Draft Youth Master Plan. 1.2 Recognition of Members of the Youth Master Plan Steering Committee. 1.3 Proclaiming March 17, 2005 as "Arbor Day". BUSINESS OF THE MONTH: 1.3 Presentation of City Tile to St. Paul Traveler's Insurance as Business of the Month, December, 2004. Reorganization of Mayor and Mayor Pro Tem. Selection of Mayor DECEMBER 7, 2004 PAGE 2 CITY COUNCIL Selection of Mayor Pro Tem Presentations to Outgoing Mayor Bob Zirbes. Recess/Reception Reconvene Meeting 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. 5. SCHEDULE OF FUTURE EVENTS: 5.1 CALTRANS COMMUNITY MEETING — December 8, 2004 - 6:00 p.m., Room CC -2, AQMD/Government Center, 21865 Copley Dr. 5.2 TRAFFIC AND TRANSPORTATION COMMISSION MEETING — December 9, 2004 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.3 WINTER SNOWFEST — December 11, 2004 — 10:00 a.m. — 4:00 p.m., Pantera Park, 738 Pantera Dr. 5.4 SPECIAL COUNCIL MEETING — December 14, 2004 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.5 PLANNING COMMISSION MEETING — December 14, 2004 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.6 D.B. COMMUNITY FOUNDATION MEETING — December 16, 2004 — 7:00 p.m., AQMD/Government Center Room CC -8, 21865 Copley Dr. 5.7 CITY COUNCIL MEETING — December 21, 2004 — 6:30 p.m., AQMD/Government Center, 21865 Copley Dr. DECEMBER 7, 2004 PAGE 3 CITY COUNCIL 5.8 STATE OF THE CITY — January 13, 2005 — 7:00 a.m., D.B. Center, 1600 S. Grand Ave. 6. CONSENT CALENDAR: 6.1 City Council Minutes: 6.1.1 Study Session Minutes of November 16, 2004 - Approve as submitted. 6.1.2 Regular Meeting of November 16, 2004 — Approve as submitted. 6.2 Planning Commission Minutes: 6.2.1 Regular Minutes of October 26, 2004 - Receive and file. 6.2.2 Regular Meeting of November 9, 2004 — Receive and file. 6.3 Parks and Recreation Commission Minutes— Regular Meeting of October 28, 2004 - Receive and file. 6.4 Warrants - Approve Warrant Register dated December 2, 2004 containing warrants issued November 18, 2004, November 25, 2004 and December 2, 2004 in the amount of $1,081,147.32. 6.5 Treasurer's Statement - month of October 2004. Recommended Action: Review and approve. Requested by: Finance Division 6.6 Approval Of Applications For Tree City USA Recertification And Growth Award For 2004 And Authorization For The Mayor To Sign The Applications. Recommended Action: Approve and Authorize. Requested by: Community Services Division 6.7 Appropriate $50,000 from General Fund Reserves for the Personnel Action Fund. Recommended Action: Approve. Requested by: City Manager DECEMBER 7, 2004 PAGE 4 CITY COUNCIL 7 6.8 Library Bond Act Application Update Report. Recommended Action: Receive and file. Requested by: City Manager 6.9 Presentation of Draft Youth Master Plan Document. Recommended Action: Receive draft plan and direct staff. Requested by: Community Services Division PUBLIC HEARINGS: None COUNCIL CONSIDERATION: 8.1 Approval Of Community Fund Allocation Plan For FY 2004-05, Introduce Ordinance No. XX(2004) Amending Section 3.28.060 Of The Diamond Bar Municipal Code, And Adopt Resolution No. 2004 -XX Rescinding Resolution No. 89-42 Abolishing Defunct Committees Of The City Council. Recommended Action: Approve and adopt. Requested by: City Manager RECESS TO REDEVELOPMENT AGENCY: 1. CALL TO ORDER: Chair Chang ROLL CALL: Agency Members Herrera, O'Connor VC/Zirbes, C/Chang 2. 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 Agency on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the Agency Members 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 Agency Secretary (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the Redevelopment Agency. DECEMBER 7, 2004 PAGE 5 CITY COUNCIL 3. CONSENT CALENDAR: 3.1 Approve Minutes — Annual Meeting of April 20, 2004 — Approve as submitted. 4. REDEVELOPMENT AGENCY REORGANIZATION 4.1 Selection of Chair 4.2 Selection of Vice Chair 4.3 Presentation to Outgoing Chair Chang 5. AGENCY MEMBER COMMENTS: Items raised by individual Agency Members are for Agency discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. ADJOURN REDEVELOPMENT AGENCY MEETING RECESS TO PUBLIC FINANCING AUTHORITY 1. CALL TO ORDER: Chair O'Connor ROLL CALL: Agency Members Chang, Zirbes, V/Chair Herrera, Chair O'Connor 2. 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 Authority on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the Authority Members values your comments, pursuant to the Brown Act, the Authority generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the Authority Secretary (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the Financing Agency. 3. CONSENT CALENDAR: 3.1 Approve Minutes — Annual Meeting of April 20, 2004 — Approve as submitted. 4. PUBLIC FINANCE AUTHORITY REORGANIZATION 4.1 Selection of Chair 4.2 Selection of Vice Chair DECEMBER 7, 2004 PAGE 6 CITY COUNCIL 4.3 Presentation to Outgoing Chair, O'Connor 5. AUTHORITY MEMBER COMMENTS: Items raised by individual Authority Members are for Authority discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. ADJOURN PUBLIC FINANCING AUTHORITY MEETING RECONVENE CITY COUNCIL MEETING: 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION NOVEMBER 16, 2004 STUDY SESSION: Mayor Zirbes called the Study Session to order at 6:09 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Dr., Diamond Bar, CA. Present: Council Members Chang, Huff, O'Connor, Mayor Pro Tem Herrera and Mayor Zirbes. Staff Present: Linda Lowry, City Manager; Michael Jenkins, City Attorney; James DeStefano, Deputy City Manager; David Doyle, Deputy City Manager and Acting City Clerk; Bob Rose, Community Services Director; Fred Alamolholda, Senior Engineer, Sharon Gomez, Senior Management Analyst; April Blakey, Public Information Manager; and Linda Magnuson, Finance Director. Discussion of Council Vacancy: CM/Lowry explained that the Council could schedule a special election for June 7, 2005 and no appointment would be made; or, Council could make an appointment for the balance of Mr. Huff's term which would be November 2007; or, by adopting the ordinance, the Council could make an appointment to fill the term until the first opportunity for a special election which would be June 7, 2005 or appoint a Council Member until the first municipal election in November. Option 3b should read that the City Council, with a majority vote of the remaining members, can appoint someone to fill the vacancy until the next municipal election." Further, the Council could consider whether it wanted to designate the method to be used to select the appointment i.e. whether to advertise the position and ask them to fill out an application, send a letter or resume, whether the remaining Council Members wish to interview the applicants, what type of interview process would be engaged, and whether to set a timetable or, whether the Council wishes to offer up nominations without inviting individuals to apply. She further stated that the matter is on tonight's agenda should the Council feel prepared to take action and provide direction for staff. C/O'Connor asked CA/Jenkins if the City was required to give public notice. CA/Jenkins responded "No," further stating that the Council could appoint an individual as long as that person met the basic requirements and that would be that he was a registered voter who resided in D.B. M/Zirbes preferred to have the position open to all who wished to serve. He felt that there were sufficient methods for advertising the position — the City's website, DBTV, etc. He felt there had been sufficient press through City Council meetings and local news. He would like to have an application available for people to pick up at City Hall and include their names on a sign up sheet for NOVEMBER 16, 2004 PAGE 2 CC STUDY SESSION follow up. Time is limited and the Council should move forward in a diligent manner. MPT/Herrera felt that the process would dictate the number of meetings it would take to come to a decision and that a weekly meeting would be in order until the process was completed. She felt that the Council would not have sufficient information to render a decision tonight that would determine what process should be put in motion. She favored implementing an application process and since the City did not have an appropriate application it would take time to create the form. It was, however, important to establish deadlines for receiving applications because the applications would have to be reviewed by the four remaining Council Members to narrow the list to the final group to be interviewed, decide how the interview would be conducted and how the selection would be made. For example, the process followed in 1990 and 1992 was to have each Council Member nominate up to two individuals and each Council Member interviewed those individuals in a public meeting. Another possibility would be to have each Council Member select two individuals from the list of applicants. C/O'Connor felt it was very important for the Council to do everything possible to make an appointment thereby saving the $50,000 for a special election, whether it is an appointment to November 2005 or an appointment for the full balance of Mr. Huff's term. M/Zirbes agreed and in that spirit, what is the process the Council wants to use to consider potential candidates for possible appointment? C/O'Connor suggested that the City ask potential candidates to complete applications that would have to be submitted for consideration no later than December 6. C/Chang was pleased that the Council agreed to save the City $50,000 and moved to appoint an individual to serve. Instead of making a decision for the community he would prefer to make an appointment for a one-year term only in lieu of the full term thereby allowing the community to vote for its Council representative in November 2005 to fill the remaining two-year term. The Council Members concurred to have individuals to fill out an application with a deadline date at City Hall and to sign a sheet for follow up. C/O'Connor suggested the application include the Council's top five goals and require applicants to comment on how those goals could be achieved. MPT/Herrera said that those questions could also be asked during the interview process. C/O'Connor agreed. NOVEMBER 16, 2004 PAGE 3 CC STUDY SESSION M/Zirbes felt it should be optional for people to include their resumes. CA/Jenkins responded to MPT/Herrera that it would be acceptable to immediately advertise and set an application deadline of December 6, the date of M/Huff's resignation. M/Zirbes wondered if it would be better to set the deadline for December 3 so that the Council would have a copy of the applications in hand on December 6. CA/Jenkins cautioned the Council that a deadline could unnecessarily lock the Council Members into having to make a decision based on only the applications received by that date. Since the Council has until January 6 to make an appointment it would be prudent to allow individuals to submit their applications in the event that the first round of applicants were not to Council's liking. C/Huff suggested stating that "the strongest consideration will be given to those who complete and return their applications by December 6." CA/Jenkins indicated to C/O'Connor that the Council has time until the first regular meeting of January 2005. Therefore, it would be prudent for the Council to anticipate making its decision on January 4, 2005. As for MPT/Herrera's concern, CA/Jenkins agreed that on January 4, 2005 the Council would either declare an appointment and call for a special election in the event of a partial appointment with an election in November 2005 or fill the appointment for the full term. C/O'Connor agreed with MPT/Herrera that in the event of numerous applications the Council should keep extra dates open to consider the applications. However, if there were very few applicants the regular meeting dates would most likely suffice as dates for consideration. To MPT/Herrera, CA/Jenkins said he would lean toward C/Huff's suggestion that the Council should indicate in the strongest terms possible that it expected an organized process wherein the Council received applications and had sufficient time to review and consider the applicants but not foreclose the possibility of going outside the pool of applicants to make an appointment. MPT/Herrera asked if "the Council reserved the right to consider individuals who were not applicants by the deadline" language would suffice. CA/Jenkins concurred. C/Chang felt the Council should establish whether it would make the decision at the first meeting of December or the first meeting of January because he was trying to plan his family's vacation and would be absent from the December 21 meeting. C/O'Connor asked if it could be stipulated that all four Council Members would NOVEMBER 16, 2004 PAGE 4 CC STUDY SESSION need to be present to vote? CA/Jenkins responded that the Council could not stipulate to a four -vote requirement without a binding document such as an ordinance. MPT/Herrera reiterated the Council's concurrence: That the City would receive applications, advertise the opening during public session, place an ad in the newspapers, and indicate a December 3 application deadline with the caveat that the Council reserved the right to consider individuals who were not applicants by the deadline and/or applications received by December 3 will be given strong consideration. C/O'Connor stated that for the information of the Council the Chamber holds its Holiday celebration from 5:30 p.m. to 7:30 p.m. on December 14. Council concurred to have applicants include a statement in the application about why they were interested in running for the City Council position and that the Council would ask the applicants about their recommendation for implementing the City's top five goals during the interview process. C/O'Connor suggested using the application that is provided to applicants for advisory committees. C/Huff suggested including a conflict of interest statement for informational purposes. Council further concurred to schedule a study session prior to the December 7 meeting and that the only subject of discussion would be this subject. Staff was directed to suggest interview questions. Public Comments: Clyde Hennessee suggested excluding the December 7 date because of Pearl Harbor. He reiterated his concern that the Council Member vacancy should go to a vote of the people and not be an appointment by the current City Council. ADJOURNMENT: With no further business to come before the City Council, M/Zirbes adjourned the Study Session at 6:36 p.m. Linda C. Lowry, City Clerk The foregoing minutes are hereby approved this day of , 2004. NOVEMBER 16, 2004 PAGE 5 CC STUDY SESSION BOB ZIRBES, Mayor MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR NOVEMBER 16, 2004 CLOSED SESSION: 5:00 p.m., Room CC -8, The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. Government Code Section 54957 Public Employee Evaluation Title: City Manager Conference with Real Property Negotiators: Government Code Section 54956.8 (three cases) (1) Property Negotiations: South Point Agency Negotiator: City Manager Negotiating Party: Walnut Valley Unified School District Under Negotiation: Price and Terms of Payment (2) Property Negotiations: Portion of Lot 1, Tract No. 31479, Lot 61, Tract No. 42557 Agency Negotiator: City Manager Negotiating Party D & L Properties, Inc. Under Negotiation: Price and Terms of Payment Mayor Zirbes adjourned Closed Session to the Study Session at 6:09 p.m. STUDY SESSION: 6:09 p.m., Room CC -8, The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. Discussion of Council Vacancy Public Comments on Study Session Agenda Items Mayor Zirbes adjourned the Study Session at 6:36 p.m. to the regular City Council Meeting. CALL TO ORDER: Mayor Zirbes called the regular City Council meeting to order at 6:50 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. M/Zirbes reported that Council began its evening at 5:00 p.m. in Closed Session with no reportable action followed by a discussion of the impending Council vacancy during the study session. PLEDGE OF ALLEGIANCE: Council Member O'Connor led the Pledge of Allegiance. INVOCATION: Ahmad H. Sakr, Ph.D. of the Islamic Education Center gave the invocation. NOVEMBER 16, 2004 PAGE 2 CITY COUNCIL ROLL CALL: Council Members Chang, Huff, O'Connor Mayor Pro Tem Herrera and Mayor Zirbes. Staff Present: Linda Lowry, City Manager; Michael Jenkins, City Attorney, James DeStefano, Deputy City Manager; David Doyle, Deputy City Manager and Acting City Clerk; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; April Blakey, Public Information Manager APPROVAL OF AGENDA: As Presented. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: NEW BUSINESS RECOGNITION: 1.1 Presentation of Certificate Plaque to Dr. Evelyn Catuira, owner of Catuira Family Dentistry, New Business of the Month for November 2004. PRESENTATIONS TO OUTGOING COUNCIL MEMBER BOB HUFF: 1.2 Presentations to Outgoing Council Member Bob Huff. RECESS: Following presentations to Mr. Huff from Council Members and 34 different organizations for recognition to his service to D.B. and the region and in honor of his election to the State Assembly, M/Zirbes recessed the City Council meeting at 8:15 p.m. to a reception for Mr. Huff. RECONVENE: M/Zirbes reconvened the meeting at 8:40 p.m. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered. 2.1 Presentation of SBC Conduit Installation Project by Michael Carney, Area Manager, External Affairs for SBC (Intersection of Diamond Bar Boulevard and Grand Avenue; Grand Avenue and Diamond Bar Boulevard to Golden Springs Drive; Golden Springs Drive at Grand Avenue to Gateway Center Drive; Gateway Center Drive and Golden Springs Drive to Valley Vista Drive and Valley Vista Drive 200 feet westerly. Mr. Carney congratulated C/Huff and addressed community concerns regarding the project. Mr. Carney stated that QTC is the nation's leading provider of independent medical examinations and rely heavily on technology for delivery of their services in a timely and cost-effective manner to their customers including the Department of Veterans' Affairs, Department of Labor, Social Security and other large governmental and private sector customers. With close to 200 employees in two separate buildings within one campus located in D.B. as well as an equal number at NOVEMBER 16, 2004 PAGE 3 CITY COUNCIL their 34 additional satellite office nationwide QTC depends heavily on wide area network for delivery. Without the wide area network QTC could not fulfill its obligation to its customers. In response to questions from the City, Mr. Carney stated that SBC is trenching in order to place conduit along a route to QTC. In addition, SBC will place three additional manholes in the street. All details were included in the plans submitted to the City with the permit application. Currently, SBC is working with staff to determine its hours of operation to allow for the least amount of impact to the residents. Indicating that the City Official could change the schedule, he listed the streets and proposed work hours as follows: Diamond Bar Boulevard — 8:00 p.m. to 6:00 a.m. Westbound Grand Avenue — 8:00 p.m. to 6:00 a.m. Eastbound Grand Avenue — 6:00 a.m. to 3:00 p.m. Grand Avenue & Golden Springs Drive — 8:00 a.m. to 6:00 a.m. Golden Springs Intersection — 9:00 a.m. to 4:30 p.m. Golden Springs & Gateway — 8:00 p.m. to 6:00 a.m. Gateway — 9:00 a.m. to 4:30 p.m. Valley Vista — 9:00 a.m. to 4:30 p.m. Mr. Carney indicated that the impact to traffic would be minimal because most of the work was scheduled to take place during off-peak hours. In addition, access to businesses and driveways would not be blocked and signs would be posted five days prior to the commencement of work. If residents have concerns they should call the SBC Government liaison, Susan Morgan at 714-666-5401. The work started today and is slated for completion the first quarter of 2005. M/Zirbes thanked Mr. Carney for his presentation, and asked him to continue working closely with staff and consider scaling back on afternoon work from 4:30 p.m. to 3:30 p.m. at the latest to ensure minimal traffic impacts. CM/Lowry informed Council that this evening she received the following correspondence from Council Member Bob Huff addressed to Mayor Bob Zirbes and Diamond Bar City Council Members: "Dear Mayor and Council Members, It is with mixed emotions that I tender my resignation from the Diamond Bar City Council to take effect December 6, 2004 at 12:00 noon. Having won the recent election for State Assembly in the 601h Assembly District I must close one chapter of my life and move on to the next. It has been a pleasure serving with you and I look forward to continuing our partnership from a different office to enhance not only the City but the region and the State as well. Sincerely, Robert Bob Huff, Council Member." 3. PUBLIC COMMENTS: Stephen Smith, Executive Director, D.B. NOVEMBER 16, 2004 PAGE 4 CITY COUNCIL Chamber of Commerce, asked for the Council's support in exercising fiscal responsibility to save the community a large expenditure by selecting an individual to fill the vacancy on the City Council rather than hold a special election. Vinod Kashyap thanked the paramedics and Sheriff's Department for assisting Kanu Parikh this evening. 4. RESPONSE TO PUBLIC COMMENTS: None Offered. 5. SCHEDULE OF FUTURE EVENTS: 5.1 COMMUNITY FOUNDATION MEETING — November 18, 2004 — 7:00 p.m., AQMD/Government Center Room CC -8, 21865 Copley Dr. 5.2 PARKS AND RECREATION COMMISSION MEETING — November 18, 2004 — 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley Dr. 5.3 YOUTH MASTER PLAN STEERING COMMITTEE MEETING — November 19, 2004 — 11:30 a.m. — 1:30 p.m., Heritage Park, 2900 S. Brea Canyon Rd. 5.4 PLANNING COMMISSION MEETING — November 23, 2004 — 7:00 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.5 THANKSGIVING HOLIDAY- November 25 — 26, 2004. City offices will be closed in observance. Offices will re -open November 29, 2004. 5.6 CITY COUNCIL MEETING — December 7, 2004 — 6:30 p.m., AQMD/Government Center Auditorium, 21865 Copley Dr. 5.7 WINTER SNOWFEST — December 11, 2004 — 10:00 a.m. — 4:00 p.m., Pantera Park, 738 Pantera Dr. 6. CONSENT CALENDAR: MPT/Herrera moved, C/Chang seconded to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Huff, O'Connor, MPT/Herrera M/Zirbes NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 CITY COUNCIL MINUTES: 6.1.1 STUDY SESSION MINUTES — Regular Meeting of November 2, NOVEMBER 16, 2004 PAGE 5 CITY COUNCIL 7 2004 — Approved as submitted. 6.1.2 REGULAR MEETING MINUTES — Regular Meeting of November 2, 2004 — Approved as submitted. 6.2 PLANNING COMMISSION MINUTES — Regular Meeting of October 12, 2004 — Received and Filed. 6.3 PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of September 23, 2004 — Received and Filed. 6.4 TRAFFIC AND TRANSPORTATION COMMISSION MINUTES — Regular Meeting of October 14, 2004 — Received and Filed. 6.5 APPROVED WARRANT REGISTERS DATED NOVEMBER 4, 2004 AND NOVEMBER 10, 2004 IN AN AMOUNT TOTALING $288,888.25. 6.6 AWARDED CONTRACT TO ALISON D. MEYERS FOR PROFESSIONAL SERVICES RELATED TO THE YOUTH MASTER PLAN FOR THE PERIOD OF NOVEMBER 17, 2004 THROUGH AUGUST 31, 2005 IN AN AMOUNT NOT TO EXCEED $37,500. 6.7 AUTHORIZED THE CITY MANAGER TO ENTER INTO A CONTRACT WITH SUNGARD PENTAMATION INC. FOR FINANCIAL SYSTEM UPGRADES IN AN AMOUNT NOT TO EXCEED $125,000. 6.8 APPROVED AMENDMENT NO. 1 TO THE DESIGN SERVICES CONTRACT WITH GFB FRIEDRICH & ASSOCIATES (GFB) FOR THE WALNUT DRIVE STREET RECONSTRUCTION PROJECT FROM THE WESTERLY CITY LIMIT TO LEMON AVENUE IN THE AMOUNT OF $16,820, PLUS A CONTINGENCY AMOUNT OF $2,000 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $18,820. PUBLIC HEARINGS: 7.1 ADOPT RESOLUTION NO. 2004-62: APPROVING A ONE YEAR EXTENSION OF TIME FOR TENTATIVE PARCEL MAP NO. 22987 AND CATEGORICAL EXEMPTION IN ORDER TO SUBDIVIDE A 5.0 ACRE COMMERCIAL SITE INTO THREE LOTS FOR CURRENT AND FUTURE DEVELOPMENT. THE PROJECT SITE IS LOCATED AT 259 GENTLE SPRINGS LANE (LOT 1, PARCEL MAP NO. 15547). DCM/DeStefano stated that staff's request for a one-year extension of time for Tentative Parcel Map No. 22987 for a 5 -acre commercial site located on Gentle Springs Ln. that currently consists of the Scribbles Restaurant, the Best Western Hotel and a vacant parcel was requested by the applicant in order to complete the steps necessary to record the Parcel Map and subdivide the property. All conditions attached to the project and NOVEMBER 16, 2004 PAGE 6 CITY COUNCIL E:3 approved by the City Council in 2002 have remained unchanged except for the inclusion of Storm Water Pollution Prevention Measures that since resulted from new legislation. The Development Code standards for the property are still in effect. Two years ago the zoning for the area was changed. However, it would not affect the zoning compatibility for the proposed extension. Upon conclusion of the Planning Commission's Public Hearing on September 28, it recommended City Council approval. Staff recommended adoption of a resolution allowing for a one-year extension of time for the proposed Parcel Map. M/Zirbes opened the Public Hearing. With no one present who wished to speak on this matter, M/Zirbes closed the Public Hearing. C/Huff moved, C/Chang seconded, to adopt Resolution No. 2004-62: approving a one-year extension of time for Tentative Parcel Map No. 22987 and Categorical Exemption in order to subdivide a 5.0 Acre Commercial site into three lots for current and future development. The project site is located at 259 Gentle Springs Lane (Lot 1, Parcel Map No. 15547). Motion carried 4-1 by the following Roll Call vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS COUNCIL CONSIDERATION: Chang, Huff, O'Connor, MPT/Herrera M/Zirbes None 8.1 PROCESS TO FILL COUNCIL VACANCY. CM/Lowry reported that during tonight's Study Session the City Council agreed to the following procedures for filling the County vacancy created by C/Huff's resignation effective December 6, 2004: "The Council will accept applications from qualified individuals interested in serving the community as a Council Member to replace Council Member Huff. To that end, staff will prepare an application form to be available at City Hall by end of business tomorrow, Wednesday, November 17, 2004. Announcements of the vacancy shall be made on DB3TV and the D.B. website. Applicants will be advised that early application will receive the strongest consideration in the interest of making a timely appointment. A resume accompanying the application will be encouraged along with a statement about why the applicant is interested in serving and what the applicant believes he or she brings to the position. The applicant will also be informed that a Conflict of Interest statement will be a requirement of holding the position and a copy of the document will be supplied. A properly noticed public interview will be held commencing as early as December 7, 2004. Applications submitted by the end of business on NOVEMBER 16, 2004 PAGE 7 CITY COUNCIL December 3 will be considered for interview on December 7. The City reserves the right to consider applications received after that date. Additional interviews may be held on December 14, 2004 and January 4, 2005. This is the extent to which a process has been defined." It would be appropriate for Council to confirm this review if it is substantively correct or to give staff additional direction. There was no one present who wished to speak on this matter. C/O'Connor said she preferred to have Council reach an agreement on an appointment rather than spending $50-$60,000 of the City's money on a special election. MPT/Herrera said although it may appear awkward that the Council found it necessary to discuss this inevitability while C/Huff was still present, it was imperative that the City move forward to consider all aspects and all applicants. Mr. Huff's resignation tonight renders it mandatory that the Council must agree on how to proceed by January 4, 2005. MPT/Herrera advised the public that this matter would be the Council's only topic of discussion during its December 7, 2004 study session. C/Chang reiterated that Council's premise was to save the community $50 to $60,000 by working toward appointing a replacement for Mr. Huff's position rather than scheduling a special election. At the same time he would like to see the vacancy filled for one year only in order to give the public the opportunity to vote on the matter. He encouraged all interested parties to make application at City Hall as quickly as possible. MPT/Herrera moved, C/O'Connor seconded, to confirm staff's review of tonight's study session as Council's direction for filling the Council vacancy. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chang, Huff, O'Connor, MPT/Herrera, M/Zirbes NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: C/Chang thanked C/Huff for his service, wished him the best of luck in this new chapter of his life and asked him to place D.B. at the top of his priority list. C/Chang expressed his sadness that Kanu Parikh fell ill during tonight's presentation. C/Chang wished him a successful and speedy recovery and said that the thoughts and prayers of all were with him and his family tonight. Mr. Chang congratulated the Veterans and was sorry he could not make it to the NOVEMBER 16, 2004 PAGE 8 CITY COUNCIL ceremony. He was, however, available to greet them after the ceremony and was pleased to have them receive well-deserved recognition from the City of D.B. He thanked them for their service. He was pleased to witness the expansion of the senior organizations and felt that the Diamond Bar Center provided a nice facility for them. C/Chang contributed a set of 20" chrome plated wheels to the Boys and Girls Club fundraiser, and he was pleased that his donation raised several dollars for the club. He thanked the Diamond Bar Foundation members and the volunteers for a successful fundraising event. The Foundation is dedicated to providing additional services and amenities to the City. He congratulated them on their fine effort. He wished everyone a wonderful Thanksgiving. Unfortunately he will not be enjoying the holiday with his family because he is taking a business trip during that time period. C/O'Connor reported that the Youth Master Plan would finally draw to a close. The committee's last meeting was scheduled for Friday during which the group will review and accept the final draft. She said that the subcommittee intended to place this matter on the City Council agenda for review on December 7 and asked for Council recognition of the Youth Master Plan steering committee members at that same meeting. She acknowledged Mr. Huff's presentations and lauded C/Huff for being a great mentor to her. During the next Council Meeting a new Mayor will be elected. She thanked M/Zirbes for his stewardship during the past year. She felt that much has been accomplished during his tenure and asked that residents attend the next Council Meeting to recognize him and his good works. She wished everyone a Happy Thanksgiving. MPT/Herrera said it had been an extraordinary meeting. The entire auditorium was filled with individuals from the City and throughout the region paying tribute and homage to Bob Huff's leadership. MPT/Herrera called C/Huff an extraordinary man and tremendous leader for the region and said that D.B. would be very fortunate to have him in Sacramento. She told him he could count on her traveling to Sacramento to visit her assembly members when it concerned issues of D.B. and the region. Mr. Huff is an expert in traffic and transportation issues and because D.B. has more than its share of those problems, it would require cooperative effort and regional money to cure those problems. D.B. will be looking to Mr. Huff for his assistance in those areas on a regional, state and federal level. Earlier D.B.'s good friend, Kanu Parikh said that last Saturday was the Indian New Year and she wished all Hindu friends a Happy New Year. M/Zirbes expressed his sentiment that tonight's meeting was very bittersweet and memorable. And for him it was a very interesting year working with Mr. Huff. While it was a possibility that Mr. Huff would be moving on, that was now a reality. Obviously people recognized Mr. Huff's leadership capabilities and put their trust in him on a local level as well as a regional level as witnessed by the overwhelming accolades offered this evening and by their vote of confidence in sending him to Sacramento. M/Zirbes said that Mr. Huff's character would shine through the turmoil in Sacramento, that Mr. Huff was a fence mender and consensus builder and had solid leadership qualities in traffic and transportation issues, issues that are in the forefront for D.B. Forty years ago California's premier freeway system was the envy of the world. Today there is significant NOVEMBER 16, 2004 PAGE 9 CITY COUNCIL [to] gridlock and the state needs Mr. Huff's expertise and input. Now that C/Huff is leaving, the Council has even more work ahead of it. Tonight the Council laid out an application and interview process and the Council Members were open to carefully selecting a qualified and suitable replacement, whether by Council appointment or special election. Council Members remain very busy. M/Zirbes said that economic development was D.B.'s number one concern and that he would be attending an economic development function in northern California this week to gain greater insight into the possibilities for the City's long-term financial health. He concluded by saying that it has been a great year for him serving as Mayor of D.B. C/Huff said it had been an interesting evening. Speaking from his heart, he said that each person makes choices about he or she spends time, whether it is with family, job, or community. Tonight was a snapshot of how he has spent his last nine years and he hoped that he had made a difference because it was his premier goal in life to be among his fellow man and make a difference. It is easier to do it than have others speak about it. He was particularly honored that Kanu Parikh was present tonight to commend him for his help within the Hindu community. C/Huff reported that the Council had just been informed that Mr. Parikh passed away. Literally with his last dying breath he was thanking someone else for his deeds and C/Huff felt very honored by such an act of selflessness. In honor of Kanu Parikh and what he stood for C/Huff asked for a moment of silence after which he thanked the audience. And with that, he challenged all to make their lives meaningful and hold him accountable as he moved on to Sacramento. He asked that tonight's meeting be closed in memory of Kanu Parikh. ADJOURNMENT: There being no further business to conduct, M/Zirbes adjourned the meeting at 9:23 p.m. in memory of Kanuh Parikh. LINDA C. LOWRY, CITY CLERK The foregoing minutes are hereby approved this day of 2004. Agenda No. 6.2.1 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION OCTOBER 26, 2004 CALL TO ORDER: Vice Chairman Tanaka called the meeting to order at 7:07 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner McManus led the Pledge of Allegiance. 1. ROLL CALL: Present: Vice Chairman Jack Tanaka and Commissioners Ruth Low, Joe McManus and Steve Tye. Chairman Dan Nolan was excused. Also present: James DeStefano, Deputy City Manager, Nancy Fong, Planning Manager, Ann Lungu, Associate Planner, Linda Smith, Development Services Assistant and Stella Marquez, Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. KI 4. APPROVAL OF AGENDA CONSENT CALENDAR: As Presented. 4.1 Minutes of the Regular Meeting of October 12, 2004. C/McManus moved, C/Tye seconded to approve the minutes of the Regular Meeting of October 12, 2004, as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: McManus, Tye, Low, VC/Tanaka NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Chair/Nolan 10. OLD BUSINESS: None OCTOBER 26, 2004 Page 2 PLANNING COMMISSION 11. NEW BUSINESS: None OCTOBER 26, 2004 Page 3 PLANNING COMMISSION 12. PUBLIC HEARING(S): None 12.1 Development Review No. 2004-25 and Tree Permit No. 2004-09 - Pursuant to Code Sections 22.48.020(x)(1) and 22.38), this was a request to construct a three story single-family residence with a five car garage, and covered patios and balconies totaling to approximately 14,680 square feet. The request also included a series of retaining walls within the front, rear and side yards varying in height with a maximum exposed height of six feet. The Tree Permit was related to the removal/replacement/protection of walnut trees. PROJECT ADDRESS PROPERTY OWNERS 2718 Steeplechase Lane, (Tract 30289, Lot 54) Dr. and Mrs. R. and M.T. Mok 1636 Fox Glen Drive Diamond Bar, CA 91765 APPLICANT: Mr. Rupert Mok & Architects 829 S. Lemon Avenue, Suite Al 1-B Walnut, CA 91789 AssocP/Lungu presented staff's report. Staff recommended Planning Commission approval of Development Review No. 2004-25 and Tree Permit No. 2004-09, Findings of Fact, and conditions of approval as listed within the resolution. AssocP/Lungu responded to VC/Tanaka who visited the site that the 20 foot wide easement at the front of the property would allow two vehicles to pass side by side. C/Low asked why the development matrix on page 3 indicated 15 and 28 feet as the distance between residential structures. AssocP/Lungu responded that the matrix should indicate 25 feet between the structures. C/Tye felt that Condition 50), page 8 should be specific about requiring replacement of like for like material such as concrete with concrete. DCM/DeStefano proposed the following amendment at the end of Condition 0) on page 8 of the resolution. Add a sentence that states: "Colors and materials shall match the existing concrete and asphalt surfaces." OCTOBER 26, 2004 Page 4 PLANNING COMMISSION Rupert Mok, applicant, asked for the Commission's approval of the proposed project and said that he appreciated staff's professionalism. At the request of C/Tye, Mr. Mok said he read staff's report and concurred with the conditions of approval. VC/Tanaka opened the public hearing. With no one present who wished to speak on this item, VC/Tanaka closed the public hearing. C/Tye moved, C/McManus seconded to approve Development Review No. 2004-25 and Tree Permit No. 2004-09, Findings of Fact, and conditions of approval as listed in the resolution as amended by staff. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Tye, McManus, Low, VC/Tanaka NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Chair/Nolan 12.2 Development Review No. 2004-36 and Minor Conditional Use Permit No. 2004-12 - Pursuant to Code Sections 22.48, 22.56 and 22.68 this application was a request to construct an approximate 780 square feet addition in the rear and to remodel an existing 1,680 gross square feet one story single-family residence with a two -car garage. A Minor Conditional Use Permit approval was required to allow the continuation of a legal nonconforming side yard setback distance. PROJECT ADDRESS PROPERTY OWNER APPLICANT: 2437 Harmony Hill Drive (Lot 96, Tract 25986) Diamond Bar, CA 91765 Min S. Cho 2437 Harmony Hill Drive Diamond Bar, CA 91765 Son Cho 2437 Harmony Hill Drive Diamond Bar, CA 91765 OCTOBER 26, 2004 Page 5 PLANNING COMMISSION DSA/Smith presented staff's report. Staff recommended Planning Commission approval of Development Review No. 2004-36 and Minor Conditional Use Permit No. 2004-12, Findings of Fact, and conditions of approval as listed within the resolution. Son Cho thanked the Commissioners for their consideration. VC/Tanaka opened the public hearing. With no one present who wished to speak on this matter, VC/Tanaka closed the public hearing. DCM/DeStefano noted a typographical error on page 9 of the proposed resolution, Condition (q) to wit: Deputy City Manager should be changed to Plannina Commission. C/Low moved, C/Tye seconded to approve Development Review No. 2004-36 and Minor Conditional Use Permit No. 2004-12, Findings of Fact, and conditions of approval as amended by staff and as listed within the resolution. Motion approved by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS Low, Tye, McManus, VC/Tanaka None Chair/Nolan 13. PLANNING COMMISSION COMMENTS AND INFORMATION ITEMS: C/McManus asked if the City was pursuing senior residential housing on Diamond Bar Boulevard. DCM/DeStefano explained that the City's General Plan provided a very limited number of acres for multi -family uses. Three or four such sites exist along Diamond Bar Boulevard, one behind the Congregational Church and one on the east side of the street near the terminus of Maple Hill. A developer who proposes to build a senior condominium complex submitted an offer on the latter property. Condominiums are making a comeback - laws are now more favorable for developers' pursuits of such projects. To the extent that pursuit of such projects implements the City's General Plan, the City is pursuing multi -family projects, not specifically senior products. C/McManus congratulated the City on its new staff member. VC/Tanaka reported on the successful "Read Together Diamond Bar" events sponsored by the Friends of the Library. OCTOBER 26, 2004 Page 6 PLANNING COMMISSION 9. STAFF COMMENTS AND INFORMATION ITEMS: DCM/DeStefano introduced and welcomed Nancy Fong, the City's new Planning Manager. 10. SCHEDULE OF FUTURE EVENTS: VC/Tanaka pointed out that the next Planning Commission is slated for Tuesday, November 9 instead of November 2 as stated in the agenda. ADJOURNMENT: With no further business before the Planning Commission, Vice Chairman/Tanaka adjourned the meeting at 7:40 p.m. Respectfully Submitted, James DeStefano Deputy City Manager Attest: Jack Tanaka, Vice Chairman Agenda No. 6.2.2 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION NOVEMBER 9, 2004 CALL TO ORDER: Chairman Nolan called the meeting to order at 7:02 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Tye led the Pledge of Allegiance. 1. ROLL CALL: Present: Chairman Dan Nolan, Vice Chairman Jack Tanaka and Commissioners Ruth Low, Joe McManus and Steve Tye. Also present: James DeStefano, Deputy City Manager; Nancy Fong, Planning Manager, Ann Lungu, Associate Planner, Linda Smith, Development Services Assistant, and Stella Marquez, Administrative Assistant. 2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 3. APPROVAL OF AGENDA: As Presented. 4. CONSENT CALENDAR: 4.1 Minutes of the Regular Meeting of October 26, 2004. VC/Tanaka moved, C/Low seconded to approve the minutes of the Regular Meeting of October 26, 2004, as corrected to indicate that VC/Tanaka called to order and adjourned the meeting. Motion carried by the following Roll Call vote: AYES: NOES: ABSTAIN ABSENT: COMMISSIONERS COMMISSIONERS COMMISSIONERS COMMISSIONERS 10. OLD BUSINESS: None VC/Tanaka, Low, McManus, Tye None Chair/Nolan None NOVEMBER 9, 2004 Page 2 PLANNING COMMISSION 11. NEW BUSINESS: None 12. PUBLIC HEARING(S): None 12.1 Development Review No. 2004-21 and Minor Conditional Use Permit No. 2004-11 Pursuant to Chapters 22.48 and 22.56 of the City of Diamond Bar Development Code, the applicant requested approval to construct an approximate 3,410 square foot addition (including a 1,209 square foot garage and 593 square feet of patio/balcony) to an existing 3,508 square foot two-story single-family dwelling. The request also included the construction of retaining walls with a maximum exposed height of six feet. Additionally, the applicant requested approval of a Minor Conditional Use Permit to continue a legal nonconforming front yard setback distance. PROJECT ADDRESS: 2151 Derringer Lane (Tract 23483, Lot 54) Diamond Bar, CA 91765 PROPERTY OWNER: Vishal Kaushal 2151 Derringer Lane Diamond Bar, CA 91765 APPLICANT: Pete Volbeda 615 N. Benson Avenue, Suite C Upland, CA 91786 DSA/Smith presented staff's report. Staff recommended Planning Commission approval of Development Review No. 2004-21 and Minor Conditional Use Permit No. 2004-11, Findings of Fact, and conditions of approval as listed within the resolution. DSA/Smith responded to C/Low that the 20 -foot setback was in accordance with the development code in effect at the time of construction, and therefore, a legal non -conforming setback. The 1998 Development Code currently in effect calls out a 30 -foot setback. Pete Volbeda, Architect, felt the modifications would improve the look of the house and asked for the Commission's approval. Chair/Nolan opened the public hearing. NOVEMBER 9, 2004 Page 3 PLANNING COMMISSION Carl Masnec, Jr., who resides at 2005 Indian Creek said he lived adjacent to the project site and was concerned about the survey stake inside his fence line. He said he put the fence up several years ago in accordance with a variance he received because there was no bridle trail easement between the two properties and since that time, the easements were abolished. He asked on which side of the house the driveway would be located. DSA/Smith responded to Mr. Masnec that the driveway would be on the opposite or North side of the property from his house. Mr. Masnec wondered if the owner was aware that he was below the sewer line and would have to pump the sewer uphill. As an alternative, the owner could run a line down to the main line. Chair/Nolan closed the public hearing. C/McManus moved, VC/Tanaka seconded to approve Development Review No. 2004-21 and Minor Conditional Use Permit No. 2004-11, Findings of Fact, and conditions of approval. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: McManus, VC/Tanaka, Tye Low, Chair/Nolan NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 12.2 Development Review No. 2004-01 and Minor Variance No. 2004-01 Pursuant to Chapters 22.48 and 22.52 of the City of Diamond Bar Development Code, the applicant requested approval to construct an approximate 10,867 square foot three-story dwelling (including a six car garage, patio and deck) on an existing vacant parcel. The request also included the construction of a tennis court, swimming pool and retaining walls with a maximum exposed height of six feet. Additionally, the applicant requested approval of a Minor Variance to permit a 24 -foot front yard setback in lieu of the Code required distance of 30 feet. PROJECT ADDRESS: 1741 Derringer Lane (Tract 24046, Lot 5) Diamond Bar, CA 91765 PROPERTY OWNERS: Marie Bechara and Elie Nader 2059 E. Del Amo Boulevard NOVEMBER 9, 2004 Page 4 PLANNING COMMISSION Rancho Dominguez, CA 90220 NOVEMBER 9, 2004 Page 5 PLANNING COMMISSION APPLICANT: Pete Volbeda 615 N. Benson Avenue, Suite C Upland, CA 91786 AssocP/Lungu presented staff's report. Staff recommended Planning Commission approval of Development Review No. 2004-01 and Minor Variance No. 2004-01, Findings of Fact, and conditions of approval as listed within the resolution. VC/Tanaka asked how long it would take to complete the preliminary grading on a lot of this size and topography. AssocP/Lungu suggested the applicant could speak to VC/Tanaka's question. C/Low felt that an excessive amount of fill was required for the minor variance. As VC/Tanaka indicated, the drop-off was very steep and the property was quite large. She questioned how the regulation was an unreasonable restriction given the natural topography of the land. AssocP/Lungu explained that if the house were located further back more fill and more retaining walls would likely be required. AssocP/Lungu responded that without the minor variance, the project would change. For example, the amount of grading and the design would change significantly in order to meet the 30 -foot front yard setback. Pete Volbeda, Architect, said that when he initially submitted plans for the project he was asking for both a height and front setback variance. In working with staff, a compromise was reached. Without the front setback variance there would likely be 9,000 or 10,000 yards of fill including fill for the tennis court. Mr. Volbeda indicated that the grading should be completed within two months. However, it could take longer to find dirt for the fill. Chair/Nolan asked Mr. Volbeda if he had worked on a project in "The Country Estates" with such a severe slope as this project. Mr. Volbeda cited two examples, one on Broken Twig and another at the back of "The Country Estates." He stated that his preference would have been to obtain a height variance to minimize the amount of fill. He confirmed that the project could be built without the variance and that it would require more fill. C/Low asked if the project had received approval from "The Country NOVEMBER 9, 2004 Page 6 PLANNING COMMISSION Estates" Homeowners Association. Mr. Volbeda said that in accordance with his usual NOVEMBER 9, 2004 Page 7 PLANNING COMMISSION practice he did not seek Association approval without City approval and felt there would be no problem obtaining the Association approval. C/Tye asked for what height variance Mr. Volbeda applied and Mr. Volbeda responded that it would have been a 20 percent increase on a 30 - foot height limit (seven feet). If approved it would reduce the fill by about 2000 yards. Mr. Volbeda responded to Chair/Nolan that he had built in excess of 25 homes within "The Country Estates." Chair/Nolan opened the public hearing. With no one present who wished to speak on this matter, Chair/Nolan closed the public hearing. C/Tye asked if staff would have had a problem with the height variance absent the setback variance. AssocP/Lungu responded that staff would not encourage variances in either case. Findings allow staff to do variances related to topography or other unusual site features. In granting a height variance it means that it would be less likely that the house would be stepped down, a scenario that staff would encourage. Many homes in "The Country Estates" have between 20 and 30 -foot front setbacks. Chair/Nolan expressed that it was problematic for him if a number of projects were brought before the Commission that included requests for minor variances because he felt the Commission should attempt to comply with the code. DCM/DeStefano said this was not an easy lot on which to build. In fact, there were no "easy" lots left to build on in "The Country Estates." This applicant was requesting a front setback variance because of the size and shape of the lot, the significant topographic relief and because this was an almost 11,000 square foot house. Should the house be made smaller the setback could be improved and if the house were moved further back on the lot the front setback would be maintained. However, in that event as Mr. Volbeda indicated, the walls would get taller. In making its recommendations to the Commission Staff considers all characteristics including the prevailing character of "The Country Estates" in order to achieve all of the intended goals. From a technical standpoint the majority of issues could go away with a complete redesign. NOVEMBER 9, 2004 Page 8 PLANNING COMMISSION 13 N C/Tye felt that all things considered the Commission should lean on staff's expertise. C/Tye moved, VC/Tanaka seconded to approve Development Review No. 2004-01 and Minor Variance No. 2004-01, Findings of Fact, and conditions of approval. Motion approved 4-1 by the following Roll Call vote: AYES: COMMISSIONERS: Tye, VC/Tanaka, McManus, Chair/Nolan NOES: COMMISSIONERS: Low ABSENT: COMMISSIONERS: None C/Low explained that her reason for a "NO" vote was that based upon what the Commission heard it was her opinion that it was not impossible to build a home and respect the code that required the 30 -foot setback. Also, the additional fill was not unreasonable and the house could be made smaller. She was concerned that other variance requests would be ignored if the project were outside of "The Country Estates." The prior project under consideration this evening was an older project and the request was made on a legal non -conforming property rather than a vacant property. She felt the setback requirement was not an unreasonable restriction on this project rather on the topography itself and she would approve the project but would not approve the minor variance. PLANNING COMMISSION COMMENTS AND INFORMATION ITEMS: VC/Tanaka commented that the City's recognition of veterans that he and C/McManus attended was outstanding. Chair/Nolan recognized all veterans in the community and thanked C/McManus for his service. STAFF COMMENTS AND INFORMATION ITEMS: DCM/DeStefano reported that the Commission's approved Best Western Hotel project would be considered by the City Council on Tuesday, November 16. 10. SCHEDULE OF FUTURE EVENTS: NOVEMBER 9, 2004 Page 9 PLANNING COMMISSION ADJOURNMENT: With no further business before the Planning Commission, Chair/Nolan adjourned the meeting at 7:54 p.m. Respectfully Submitted, James DeStefano Deputy City Manager Attest: Dan Nolan, Chairman Agenda No. 6.3 CITY OF DIAMOND BAR MINUTES OF THE PARKS & RECREATION COMMISSION HEARING BOARD ROOM OF S.C.A.Q.M.D./THE GOVERNMENT CENTER 21865 Copley Drive OCTOBER 28, 2004 CALL TO ORDER: Chairman Grundy called the Parks and Recreation Commission meeting to order at 7:00 p.m. in the SCAQMD/Government Center Building Hearing Board Room, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Lyons led the Pledge of Allegiance. 1. ROLL CALL: Present: Chairman Dave Grundy, Vice Chairman Nancy Lyons and Commissioner Benny Liang Commissioners Ling -Ling Chang and Marty Torres were excused. Staff: Bob Rose, Director of Community Services; Teresa Ilasin, Senior Management Analyst; Bryan Petroff, Parks and Maintenance Supervisor (DBC); Ryan Wright, Recreation Supervisor and Marisa Somenzi, Administrative Assistant. MATTERS FROM THE AUDIENCE: None Offered. CALENDAR OF EVENTS: As presented in the agenda. 1. CONSENT CALENDAR 1.1 Minutes for the September 23, 2004 Regular Meeting. C/Liang moved, VC/Lyons seconded to approve the September 23, 2004 minutes as presented. Without objection, the motion was so ordered with C/Chang and C/Torres being absent. 2. INFORMATIONAL ITEMS 2.1 Youth Master Plan update — CSD/Rose OCTOBER 28, 2004 PAGE 2 P&R COMMISSION 2.2 Recreation Program Report — RS/Wright Chair/Grundy asked if the Aqua Caliente Casino trips were revenue neutral or subsidized. CSD/Rose responded that the City pays for transportation from County Prop A Funds and the fee collected reimburses the General Fund. Chair/Grundy felt that a monthly excursion would probably sell out. He suggested that seniors be approached to pay a little more to eliminate any costs borne by the City. CSD/Rose said he believed that for some trips the casino would most likely pay for the transportation. VC/Lyons thanked staff for her VIP pass and said she looked forward to visiting the Haunted House. When she visited Glendora High School recently she discovered that the City holds an "in the sand" volleyball tournament for which the school brings in sand for six courts of play. She thought it would be a fun event for D.B. to consider because volleyball is a popular sport. 2.3 Diamond Bar Community Foundation Oral Report. CSD/Rose reported that the Foundation will be holding a fundraising gala event at the Diamond Bar Center on November 13, 2004. Tickets are available for sale at $100 per ticket for individuals and $175 per couple. 2.4 C.I.P. Program Report — CSD/Rose a. Diamond Bar Center CSD/Rose reported that a number of improvements were slated for the Center: Add security cameras, install electric doors at the entry, install gates above the lower parking lot, add lights on the west patio behind the stage, install window shades to prevent sunlight intrusion and install and maintain landscape materials at Summitridge Park and Summitridge mini -park (work in progress by Valley Crest). PMS/Petroff responded to VC/Lyons that the weeds in the parking lot were in the process of being removed. In fact, work at this area started last Saturday afternoon. b. Trail & Trail Head Development at Sycamore Canyon Park CSD/Rose reported that the plans and specifications came back from plan check today and were ready to go out to the Rivers and Mountains Conservancy early next week. Once the plans and specs were approved the project would go out to bid. C. Summitridge Park Restroom and Tot Lot Development CSD/Rose reported that plans and specs were 99% complete and the project was proposed to go out to bid within the next 30 days. OCTOBER 28, 2004 PAGE 3 P&R COMMISSION d. Picnic Shelter at Pantera Park CSD/Rose explained that once the roof tiles had been selected the project would go out to bid. e. Sycamore Canyon Park ADA Retrofit — Phases 11 and I II CSD/Rose stated that Hirsch and Associates was finalizing the plans and specs for Phase II and the project should be out to bid within the next 30 days. Hirsch was also working on the plans and specs for Phase III. Chair/Grundy and VC/Lyons requested to be included in the Phase III discussion. CSD/Rose agreed and stated that the Phase III plans were unchanged except that the building has been pulled out. Staff was considering the possibility of moving the Day Camp program to Heritage Park next summer. CSD/Rose indicated to VC/Lyons that the City looks for grants and then assigns the writing thereof to grant writers. f. Starshine Park ADA Retrofit CSD/Rose reported that the plans were checked by the City's Building and Safety Department and when a replacement copy of the electrical plans is received, the project will go out to bid. g. Lorbeer Ball Field — Artificial Turf (See Grant Request for Sports Complex) 2.5 Grant Request for Sports Complex CSD/Rose explained that the grant application was due on Thursday, November 5. The City planned to fund artificial turf for the football field and use those funds as matching funds for the $1 million state grant. The grant would fund artificial turf for the upper field as well as the extension of the parking lot along Diamond Bar Boulevard. 2.6 Report on AB 2404 — Youth sports RS/Wright explained that AB 2404 was an extension of Title IX to cities requiring cities to offer equal space and opportunities for both males and females. He indicated that staff was working with the City Attorney and the California Parks and Recreation Society to make certain that D.B. was in compliance with AB 2404. 3. OLD BUSINESS: None 4. NEW BUSINESS: OCTOBER 28, 2004 PAGE 4 P&R COMMISSION 4.1 Schedule of Commission meeting for November and December 2004. The Commission concurred to schedule the November meeting on November 18 and to go dark in December due to an anticipated lack of quorum. 4.2 AYSO request for Storage Facility at Pantera Park. CSD/Rose presented staff's report and explained AYSO's proposal. He asked for Commission action as deemed appropriate. Chair/Grundy asked if staff recommended a certain site and CSD/Rose responded that he would prefer to locate the facility behind the Tot Lot. VC/Lyons asked for a visual to show the proposed location. Darrell May said that AYSO had saved money over time and felt that to bring the Diamond Bar organization in line with surrounding regions a building to store a Cushman cart or small electrical vehicle for transportation of equipment across the field would be in order. The reason for requesting electrical was that AYSO preferred to purchase an electrical vehicle that would produce less noise and would travel at a slower rate of speed. Since Pantera Park was a principal location for AYSO that is where they would prefer to locate the building. The $35,000 budget amount was a "ballpark" figure and AYSO would need to coordinate with the City to determine the actual cost. In addition, he proposed that the building be aesthetically integrated with the surrounding buildings and include appropriate landscaping. He stated that AYSO was very willing to work with other organizations to coordinate the use of the building. However, AYSO's needs would be satisfied by a 200 square foot building with a roll up door. Chair/Grundy asked who would have ownership of the building. CSD/Rose stated that the City would own the building if constructed in a park. Mr. May agreed and said that AYSO was seeking a long-term lease/easement for use only. CSD/Rose suggested a joint powers agreement to allocate multi -use by AYSO and possibly girls softball and the City. Mr. May indicated to VC/Lyons that AYSO would need to make a final decision based on cost. If for instance the building cost was $70,000 AYSO would most likely opt for a smaller storage container in order to stay within the $35,000 budget amount. He further stated that AYSO's first choice for location would be above the picnic area because it offered a great location for watching the games. VC/Lyons moved, C/Liang seconded to recommend consideration of conceptual plan for AYSO's proposal in order to allow for easier access by volunteers. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Liang, VC/Lyons, Chair/Grundy NOES: COMMISSIONERS: None OCTOBER 28, 2004 PAGE 5 P&R COMMISSION ABSENT: COMMISSIONERS: Chang, Torres Chair/Grundy recommended that during the next field allocation meeting this matter be discussed to determine whether any of the other athletic groups were interested in partnering on this type of venture. 5. ANNOUNCEMENTS: C/Liang asked if any of the City's parks had suffered damage from the excessive rainfall. CSD/Rose responded that the only damage was caused by four -wheelers whose drivers decided to run over the fields in Pantera and Peterson parks when the fields were wet. He said that based on information provided about the four -wheelers the Sheriff's Department was investigating the matter. VC/Lyons asked that the City Birthday Party be added to the agenda each month from this point forward. She reported that the committee held its first meeting last week. VC/Lyons asked what happened to the sportsmanship photographs. CSD/Rose said that like the photos taken during City Council meetings the items go into archives for the City's record. VC/Lyons felt the Commission should begin the park walkthroughs in the near future and most especially Summitridge Park. VC/Lyons reported that CSD/Rose completed the D.B. 5K run. She complimented RS/Wright for his hard work and good demeanor during the 5K run and she also thanked Scott and Roger for their assistance. Chair/Grundy asked if the City had received word on the library grant. CSD/Rose responded that the City would be notified around November 29. VC/Lyons reported that on Tuesday, she, M/Zirbes, DCM/Doyle and LA/Clarke traveled to Sacramento to discuss the library grant proposal. The group transported six sets of 2000 individually written letters requesting grant funds for a new library. At each of the five offices they visited they dropped off a bound set of letters and spoke with the officials about the City's proposal. The State Treasurer was very impressed that the Trail went from Sycamore Canyon Park up to the proposed library site. CSD/Rose said that, in response to this observation, staff has sent the state a copy of the City's Trails Master Plan. ADJOURNMENT: Upon motion by VC/Lyons, seconded by C/Liang and there being no further business before the Parks & Recreation Commission, Chair/Grundy adjourned the meeting at 7:57p.m. Respectfully Submitted, Bob Rose, Secretary Attest: Dave Grundy, Chairman AGENDA # 6.4 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_5 Meeting Date: Dec. 7, 2004 TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Treasurer's Statement — October 31, 2004 RECOMMENDATION: Approve the October 2004, Treasurer's Statement. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. This statement shows the preliminary 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 Department Head Attachments: Deputy City Manager CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT October 31, 2004 GENERAL FUND LIBRARY SERVICES FUND COMMUNITY ORG SUPPORT FD GAS TAX FUND TRANSIT TX (PROP A) FD TRANSIT TX (PROP C) FD ISTEA Fund INTEGRATED WASTE MGT FD AB2928-TR CONGESTION RELIEF FD AIR QUALITY IMPRVMNT FD PARK & FACILITIES DEVEL. FD COM DEV BLOCK GRANT FD CITIZENS OPT -PUBLIC SAFETY FD NARCOTICS ASSET SEIZURE FD CA LAW ENFORCEMENT EQUIP PRGM LANDSCAPE DIST #38 FD LANDSCAPE DIST #39 FD LANDSCAPE DIST #41 FD GRAND AV CONST FUND CAP IMPROVEMENT PRI FD SELF INSURANCE FUND EQUIPMENT REPLACEMENT FUND COMPUTER REPLACEMENT FUND PUBLIC FINANCING AUTHORITY FUND TOTALS SUMMARY OF CASH: DEMAND DEPOSITS: BEGINNING TRANSFERS ENDING BALANCE RECEIPTS DISBURSEMENTS IN (OUT) BALANCE $22,774,430.09 $785,775.26 $1,112,966.20 $22,447,239.1 5 0.00 0.00 (3,906.74) (3,906.74) 646,257.53 1,941.15 648,198.68 1,481,350.11 97,731.72 380,859.74 1,198,222.09 874,984.97 49,569.24 119,697.10 804,857.11 0.00 0.00 533,957.84 41,525.55 14,857.26 560,626.13 0.00 0.00 158,140.45 768.48 2,937.28 155,971.65 1,873,322.94 7,716.49 1,881,039.43 31,797.16 16,190.07 15,607.09 221,542.14 100,901.60 1,850.35 320,593.39 313,024.83 1,289.39 314,314.22 70,813.14 322.65 71,135.79 411,115.83 22,957.96 44,050.33 390,023.46 248,042.61 1,102.14 18,067.33 231,077.42 348,663.77 1,514.64 14,044.12 336,134.29 111,579.53 111,579.53 (738,297.37) 725,271.30 (1,463,568.67) 1,319,232.40 5,545.34 1,324,777.74 194,196.39 799.92 194,996.31 (4,061.55) (4,061.55) 611,354.26 1,144.10 21,001.60 591,496.76 $31,477,540.3 $1,120,605.6 $2,471,792.68 $0.00 $30,126,353. 3 3 28 GENERAL ACCOUNT ($320,536.06) PAYROLL ACCOUNT 10,495.25 CHANGE FUND 250.00 PETTY CASH ACCOUNT 500.00 TOTAL DEMAND DEPOSITS ($309,290.81) INVESTMENTS: US TREASURY Money Market Acct. $555,451.53 LOCAL AGENCY INVESTMENT FD 29,288,695.80 CASH WITH FISCAL AGENT: US TREASURY Money Market Account LOCAL AGENCY INVESTMENT FD (Bond Proceeds Account) 29,844,147.3 3 $442,165.19 149,331.57 591,496.76 TOTAL CASH $30,126,353. 28 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. There are two LAIF accounts set up. The regular account's funds are available for withdrawal within 24 hours. The LAIF Bond Proceeds account's withdrawals require 30 days notice. As a secondary investment option, the City maintains the US Treasury Sweep Accounts with Wells Fargo and the City's Fiscal Agent, Union Bank of California. Any excess funds are "swept" on a daily basis from the City's bank accounts and are invested overnight in a pool of US Treasury Notes. Interest is credited to the City's bank accounts on a monthly basis. L.A.I.F - Effective Yield - October 2004 1.890% Wells Fargo Money Mkt -Effective Yield - October 2004 1.021% Union Bank Money Mkt - Effective Yield - October 2004 1.530% All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expenditures. Linda C. Lowry, Treasurer Agenda # 6.6 Meeting Date: 12/07/04 CITY COUNCIL`��� ,% AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Approval of Applications for Tree City USA Recertification and Growth Award for 2004 and Authorization for the Mayor to Sign the Applications. RECOMMENDATION: Approve and authorize the Mayor to sign the applications. FINANCIAL IMPACT: None BACKGROUND: The National Arbor Day Foundation, in cooperation with the United States Forest Service and the National Association of State Foresters, recognizes towns and cities across America which meet the criteria of the Tree City USA program. In 2001, the City of Diamond Bar received its first distinction of being recognized as a Tree City USA. The City of Diamond Bar has maintained its Tree City USA designation by successfully meeting the standards of the recertification process. The Growth Award recognizes environmental improvement and encourages higher levels of tree care throughout America. In 2004, the City of Diamond Bar completed activities which meet the eligibility requirements of the award. DISCUSSION: To remain a Tree City USA, the City of Diamond Bar must meet four standards established by the National Arbor Day Foundation and the National Association of State Foresters. Those standards include: 1) establishment of a department to oversee the tree maintenance program; 2) a forestry program with an annual budget of at least $2 per capita; 3) a community tree ordinance still in effect; and 4) an Arbor Day observance and proclamation. The recertification application will recognize that Diamond Bar continues to meet the four standards from January 2004 through December 2004. In addition to meeting the recertification standards, the City of Diamond Bar has initiated and/or enhanced activities in the following categories of the Growth Award: Education and Public Relations and Planning and Management. The recertification and Growth Award applications must be submitted to the California Department of Forestry by December 31, 2004 and require the Mayor's signature. PREPARED BY: Teresa Arevalo, Senior Management Analyst REVIEWED BY: Bob Rose James DeStefano Community Services Director Deputy City Manager Attachment: Tree City USA Application for Recertification Tree City USA Growth Award Application Agenda # 6.7 Meeting Date: December 7, 2004 CITY COUNCIL \ AGENDA REPORT 9S TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Appropriate $50,000 from General Fund Reserves to the Personnel Action Fund RECOMMENDATION: It is recommended that the City Council appropriate $50,000 from General Fund Reserves to replenish the Personnel Action Fund. FISCAL IMPACT: This action would reduce the General Fund Reserves by $50,000. DISCUSSION: Throughout the year employment and personnel issues arise which need to be addressed. Often these issues, if addressed immediately and in the appropriate fashion, can be resolved without incurring additional legal costs. It is recommended that the City Council approve the request to replenish the Personnel Action Fund. The City Council action to replenish the Personnel Action Fund does not include any City Council approval to expend the funds. If, however, during this fiscal year personnel or employment issues arise, the funds will be available to address the issues immediately. Any expenditure of these funds will be done in accordance with the City's Municipal Code, Government Code, and Council adopted Rules & Regulations. Prepared by: Deputy City Manager CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Library Bond Act Application Update Report RECOMMENDATION: It is recommended that the City Council receive and file this report. FISCAL IMPACT: There is no fiscal impact associated with the receipt of this report. BACKGROUND: Agenda # 6.8 Meeting Date: December 7, 2004 AGENDA REPORT For the past several years the City has sought funding for construction of a new library through the California Reading and Literacy Improvement and Public Library Construction and Renovation Bond Act of 2000. The City developed a joint use agreement with Pomona Unified School District, Walnut Valley Unified School District and the County of Los Angeles to create a partnership between the Districts and the Library for enhancing education. The City also developed and approved an operating agreement with the County of Los Angeles to operate the new library. The City hired library consultants to assist with the development of the application material, created a video to show the current condition of the library, and created a computer generated animation to show what the completed library would look like. Members of the City Council and City staff traveled to Sacramento on several occasions to promote the project, deliver 2000 letters generated by residents expressing their support for the project, and lobby for approval of our funding application. The City spent approximately $200,000 on its application and associated promotional material. DISCUSSION: On November 29, 2004 the California Library Bond Act Board met to review the 72 funding applications which represented funding requests in excess of $586 million. The Bond Board had approximately $80 million available to fund projects. Prior to the meeting, the Bond Board staff distributed its ranking of the submitted applications. The staff rated the applications as Outstanding, Very Good, Acceptable or Limitations. The staff rated 20 applications as outstanding. These 20 applications represented funding requests in excess of $212 million. Of the 20 outstanding applications, only 11 were funded. The funded projects are listed below: PROJECT 81s' Avenue Branch Library Acton/Agua Dulce Library Castro Valley Library Fontana Library Ingleside Library Lafayette Library Lawndale Library North Natomas Library Orange Cove Library Richmond Library Tranquility Branch Library APPLICANT AMOUNT City of Oakland $ 6,513,345 County of Los Angeles $ 4,613,685 County of Alameda $13,961,227 City of Fontana $14,900,000 City of San Francisco $ 3,751,943 City of Lafayette $11,880,531 County of Los Angeles $ 7,300,132 City of Sacramento $ 7,013,889 County of Fresno $ 2,807,698 City of San Francisco $ 5,958,841 County of Fresno $ 1,220,172 In addition to these outstanding applications, the Bond Board awarded funds to the following very good application: Sierra Valley Library County of Sierra Valley $ 666,755 This project was funded because after funding 11 of the 20 outstanding applications, the Board only had approximately $800,000 available and this was the only project requesting an amount equal to or less than the available funds. Diamond Bar's application was rated very good and not considered for funding. Of the various categories that were ranked, we scored lowest in "appropriateness of the site." According to comments from the Bond Board staff, they downgraded our project due to the fact that the library site was on a hill, didn't have public transportation within'/4 mile, wasn't located in a commercial district in the center of town, and wasn't located directly on Grand Avenue. Since the Bond Board did not distribute any funds to Diamond Bar, the City's Library Task Force will reconvene in January to review the medium and long term recommendations they developed for improving the existing library and make a formal recommendation to the City Council on how to proceed. Prepared by: Deputy City Manager Agenda # 6.9 Meeting Date: _12/7/04 TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Presentation of Draft Youth Master Plan Document RECOMMENDATION: Receive draft plan and schedule a Study Session for January 18, 2005 to review and discuss. FINANCIAL IMPACT: There are no financial impacts related to the receipt and review of the draft Plan. I*IXG]Kep.Z0111"I The purpose of the Youth Master Plan Project is to develop a framework, based on scientific research and techniques proven effective in the real world, which can be used by the community to implement a cooperative delivery system of services and facilities that support families and youth. The goal of the Youth Master Plan is to help the Diamond Bar community develop its youth so that they may reach their full potential as adults. The process to develop the community Youth Master Plan was started on September 12, 2003, when the first meeting of the 21 -member Steering Committee was conducted. Since that date, the following efforts have been made to collect research material used to create the plan: 1. Develop Demographic Profiles 2. Conduct Public Workshops a. One (1) Community at Large b. One (1)Youth Workshop 3. Conduct Three (3) Stakeholder Workshops 4. Conduct Stakeholder interviews 5. Create a Program Service Inventory 6. Create a Service Organization Inventory 7. Create a Facilities Inventory 8. Conduct a Telephone Survey of Diamond Bar Households 9. Conduct the Search Institute Attitudes and Behavior Survey 10. Develop a Juvenile Crime Profile 11. Review Existing community analysis and reports a. Park and Recreation Master Plan b. Trails Master Plan c. California Healthy Kids Survey d. Sports Complex Task Force Report The collection of this research material was simply the beginning. After collection, a comprehensive analysis and review had to be completed. This was done by the Steering Committee, with input by the public at stakeholder meetings. After the completion of the analysis, the Steering Committee determined the specific needs and the issues and challenges facing Diamond Youth and their families. This led to the Steering Committee's development of recommended action goals that will address the identified needs, issues, and challenges. DISCUSSION: The draft Youth Master Plan, subject to review, revision and Final adoption, identifies 36 action goals in four distinct strategy categories. It is expected that if these goals are accomplished, the following vision for youth in Diamond Bar, as stated by the Steering Committee, will have the best opportunity for realization: "The Community of Diamond Bar is committed to developing healthy, happy and civically engaged youth through a comprehensive delivery system of places, activities, and services in order that they may reach their full potential as adults." Of the 36 action goals listed in the draft plan, staff believes there are four goals that should be considered first which, if approved, will serve as a bridge from the development of the Plan to the implementation of the Plan. These four action goals are: 1. Upon completion of the Final Youth Master Plan obtain adopted resolutions of support from each of the school district boards and then request the City Council adopt a resolution approving the implementation of the Youth Master Plan. These resolutions confirm the acceptance of and commitment for the implementation of the Youth Master Plan. Additionally, the resolutions promote the participation and support for the long term relationship between the City and the School Districts necessary for the implementation of the plan; while serving as an example to community youth serving organizations, and to the community at large. 2. Consider the establishment of a "Collaborative" (Committee or Task Force) to assist toward the implementation of the Plan. City and School District representatives research and determine the most effective community collaborative model that will serve as a governance framework for the implementation of the Youth Master Plan. The selection of a community collaborative model is important to determine before the launch of the Youth Master Plan. There are several examples of community collaborative models included in the draft plan that require review. 3. Consider the creation of a Youth Master Plan Community Collaborative to implement the Youth Master Plan. This collaborative is comprised of youth service practitioners, fundraisers, youth 2 and family policymakers, researchers, community leaders, youth and parents who understand and believe how youth, families and the community can be positively impacted by the successful implementation of the Youth Master Plan. 4. Identify and adopt a Youth Development Model. The Collaborative, if created, could collectively agree on a youth development model. This model would become the basis upon which the Youth Master Plan is implemented, with an emphasis on the creation of youth policy, training, and program design. Staff and our Consultants will continue to review the draft Plan and develop discussion topics and recommendations for City Council consideration on January 18, 2005. At that time, staff will seek City Council approval to move forward on the action goals identified above. It is estimated the plan will require an implementation period of at least ten (10) years, beginning in 2005 and continuing until at least 2015. REVIEWED BY: Bob Rose Director of Community Services James DeStefano Deputy City Manager Attachment: Draft Youth Master Plan (without Technical Appendices) 3 CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager Agenda # Meeting Date AGENDA REPORT TITLE: Approval of Community Fund Allocation for FY 2004-05, Introduce Ordinance No. XX - 2004 amending section 3.28.060 of the Diamond Bar Municipal Code, and adopt Resolution No. 2004 -XX rescinding Resolution No. 89-42 abolishing defunct Committees of the City Council Recommendation: The Finance Committee recommends the City Council approve a Community Fund allocation plan for FY 2004-05, adopt Resolution No. 2004 -XX rescinding Resolution No. 89-42 which established standing City Council Committees, and introduce Ordinance No. XX -2004 amending Section 3.28.060 of the Diamond Bar Municipal Code to streamline the City's payment approval process. Background: In 1989 the City Council approved Ordinance No. 6 which established a process for approving the literal day to day financial disbursements of the City. The process described in the ordinance included five steps: 1) demands (invoices/claims) are given to the City Manager 2) purchase orders are reflected on the demands 3) demands are audited by the Finance Director who prepares a register of demands with an affidavit attesting to the accuracy of the register 4) demands are approved by the City Manager and "finance committee consisting of two designated members of the city council." 5) approved claims are paid by checks drawn by the City Treasurer (City Manager) This codified process does not provide for any review by the City Council as a whole and rests all expenditure authority with two members of the City Council. In practice, however, the check registers are approved or ratified by the entire City Council. DISCUSSION: The Finance Committee recently discussed the process the City actually uses to disburse payments and the process described in Ordinance 6. After a thorough discussion, the Committee recommends the City Council amend the municipal code to reflect the following changes: Elimination of the Finance Committee Include ratification of payments by the entire City Council These changes will reduce the redundancy associated with the check register being reviewed by a Council Committee and the full Council; improve staff efficiency by reducing duplication of efforts by preparing for a Finance Committee meeting and City Council meeting; and will codify that the check register is to be reviewed and ratified by the entire City Council instead of just two Councilmembers. All other processes described in Ordinance 6 will remain in effect. In order to abolish the Finance Committee, the City Council needs to amend the Diamond Bar Municipal Code through the adoption of the attached Ordinance and rescind Resolution No. 89-42. Resolution 89-42 which was adopted in 1989 and created the following committees of the City Council: Personnel Parks and Recreation Planning and Zoning Finance Landscape Districts The only committee that currently exists and functions is the Finance Committee. The Finance Committee, Mayor Pro Tem Herrera and Councilmember Huff, recommends the City Council adopt Resolution No. 2004 -XX rescinding Resolution No. 89-42 abolishing the Finance Committee and the defunct Committees. Another function of the Finance Committee has been to review and approve funding requests from various community groups and disburse the funds from the City's Community Support Fund. The attached document identifies the payments made to date and the proposed payments for the remainder of the current fiscal year. The proposed payments were identified by reviewing payments made to organizations over the last 3 years. It is recommended that the Council approve these allocations. After approval, the remaining balance of $800 will be available for any requests received through the remainder of the fiscal year. Any requests for the balance of the fiscal year will be presented to the City Council at a regular meeting for consideration. The Finance Committee also recommends that the Community Fund spending plan for future years be prepared in manner similar to the CDBG (Community Development Block Grant) process. This way community groups will be able to plan with advanced knowledge of the City's support. Prepared By: David Doyle Deputy City Manager Attachments: 1. Ordinance No XX -2004 2. Redline version of Ordinance 06-1989 3. Resolution No. 2004 -XX 4. Community Support Fund Allocation Ordinance No. (2004) An Ordinance of the City Council of the City of Diamond Bar amending SECTION 3.28.060 of the Diamond bar municipal code 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 the Diamond Bar Municipal Code shall 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 their designee which 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 person 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 Lowry, City Clerk REDLINE VERSION OF DIAMOND BAR MUNICIPAL CODE SECTION 3.28.060 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 146 its authorized agent. M Each demand shall bear the number of the P irnhase order issued for mater or s-, inoc rendered -be appropriately documented. (c) Such demands, invoices, or claims shall be audited by the Di��of Finance Director or their designee who shall prepare a check register of audited demands The affidavit of the DireGter of Finance Director shall be attached to s the check register certifying the aGG Iran" of the register its accuracy. {� } GOMFnitteer+r� 3tin of two designated members of the G;+„ r,,,,nGil. 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 upon by the City Treasurer and signed by the persons designated by resolution of the City Council. RESOLUTION 2004- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA RESCINDING RESOLUTION NO. 89-42 ABOLISHING NON-FUNCTIONING COMMITTEES OF THE CITY COUNCIL Whereas, on June 6, 1989 the City Council adopted Resolution No. 89-42 establishing Committees of the City Council; and Whereas, the Resolution listed several Council Committees that have not been active for many years; and Whereas, the only Committee identified in Resolution No. 89-42 that has been functioning is the Finance Committee; and Whereas, the City Council Finance Committee recommends the City Council abolish the Finance Committee to reduce redundancy, improve staff efficiency, and allow the check register to be reviewed by the entire City Council instead of just two members of the Finance Committee. NOW THEREFORE BE IT RESOLVED that the Diamond Bar City Council does hereby resolve the following: 1. Resolution No. 89-42 is rescinded in its entirety. PASSED, APPROVED AND ADOPTED this 7t" day of December 2004. Mayor I, LINDA LOWRY, City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing Resolution passed, approved and adopted at a regular meeting held on the day of , 2004, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: LINDA LOWRY, CITY CLERK [in WKS] 0w1_1AIN0197:1-1y Agenda No. PF 3.1 DIAMOND BAR PUBLIC FINANCING AUTHORITY ANNUAL MEETING APRIL 20, 2004 1. CALL TO ORDER: Chairperson O'Connor called the meeting to order at 8:57 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21825 Copley Dr., D.B. ROLL CALL: Authority Members Chang, Huff, Zirbes, VC/Herrera and Chair/O'Connor. Staff present: Linda Lowry, Executive Director; Michael Jenkins, Authority Attorney; James DeStefano, Deputy City Manager; David Doyle, Deputy City Manager; Linda Magnuson, Finance Director; Bob Rose, Community Services Director; David Liu, Public Works Director; April Blakey, Public Information Manager; and Tommye Cribbins, Authority Secretary. Chair/O'Connor asked ED/Lowry to comment on the state of the Diamond Bar Public Financing Authority. ED/Lowry stated that tonight's Consent Calendar Item 3.2 Treasurer's Statement reflects an on -hand Finance Authority balance of $1,217,229. On December19, 2003 the Public Financing Authority issued bonds totaling $13,755,000. Those bonds are secured by a lease that the Financing Authority has with the City of D.B. for leasing the Diamond Bar Center. Every year the City is obligated to make lease payments to the Financing Authority and the Financing Authority makes payments to the bondholders using proceeds from the lease payments. When the $13,755,000 worth of bonds was sold, underwriter fees in the amount of $137,000 were held back. In addition, Council purchased the 10 -year interest cap for a total of $665,000, an asset that the City will hold for 10 years. With respect to the $12,952,000, there was a cost for bond issuance in the amount of $415,000. The Authority then began writing checks reimbursing the City for amounts already expended in the construction of the Center for grading and geotechnical work. To date, the Authority has written checks from the bond proceeds for the construction of the Diamond Bar Center in the amount of $11,271,784. The Authority has also made interest payments to the bondholders over the past year and one half in the amount of $192,000. The Authority has earned interest on the cash -on -hand in the amount of $145,000. The above entries net to a balance of $1.2 million indicated in the Treasurer's Statement. Of that $1.2 million, $532,000 is reserved as obligations on the outstanding contracts for construction of the Center. $140,000 is un -obligated. The Authority remained conservative and did not appropriate the interest earnings in the fund when it came back to the Council to address additional capital requirements for the construction of the Center such as, expanded landscaping around the slopes. As required by the agreement with the broker, the bondholders and the bank, the Authority has kept $544,000 on -hand and in reserve as it is the Authorities obligation to make the first two years principal payments. The total of outstanding encumbrances for contracts, the unallocated interest earnings and the requirement to hold the principal payments on -hand is $1,217,000. As it stands, APRIL 20, 2004 PAGE 2 PUBLIC FINANCE AUTHORITY 2 91 Il the City would be scheduled to make annual interest payments from its General Fund to the Financing Authority until 2033. The schedule reflects those principal payments as well as an estimate of the interest based on a rate of 2.5%. The 10 - year rate cap guarantees that the interest rate can never exceed 4.5%. The rest of the interest is a straight computation. Based on the estimated interest, the City would pay $6.3 million in interest on the $13,755,000 issuance of bonds at the end of the term. In the next fiscal year the City would budget a minimum of the $573,000 in its General Fund less the balance available in the debt -service fund at the end of this year. The City has made its principal payment and its Letter of Credit payment in the amount of $170,000 and there remains an interest obligation in this year. So, the $544,000 in the debt -service fund would be reduced and whatever balance remains would be used to meet the debt -service in FY 2004/05. VC/Herrera stated that at one time the Council discussed the possibility of setting aside money as if the City were paying at an interest rate of 4.5%. Since the City has been paying at a rate of 2.5% is it setting aside the additional money to pay down the debt faster? ED/Lowry responded that when Council and staff discussed creating a reserve fund, it was in the context of discussing the future in terms of the variable rate and how the market might change. On the premise of receiving additional information from Bancorp the reserve fund was not immediately created and as soon as the Bancorp report is available, staff would provide the information during a study session for Council's consideration. PUBLIC COMMENTS: None Offered. CONSENT CALENDAR: AM/Huff moved, AM/Chang seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote with Chair/O'Connor abstaining from approval of 3.1.2: AYES: AUTHORITY MEMBERS NOES: AUTHORITY MEMBERS ABSENT: AUTHORITY MEMBERS 3.1 APPROVED MINUTES: Chang, Huff, Zirbes, VC/Herrera, Chair/O'Connor None None 3.1.1 Regular Meeting of December 2, 2003 —As submitted. 3.1.2 Regular Meeting of December 16, 2003 — As submitted. 3.2 REVIEWED AND APPROVED TREASURER'S STATEMENT FOR MAY 31, 2003 THROUGH MARCH 31, 2004. AUTHORITY MEMBER CONSIDERATION: No Items presented for APRIL 20, 2004 PAGE 3 PUBLIC FINANCE AUTHORITY consideration. 5. AUTHORITY MEMBER COMMENTS: None Offered. ADJOURN PUBLIC FINANCING AUTHORITY MEETING: There being no further business to conduct, Chair/O'Connor adjourned the Public Financing Authority meeting at 9:07 p.m. to the regular City Council meeting. LINDA C. LOWRY, Agency Clerk ATTEST: DEBORAH O'CONNOR, Chair Agenda No. RA 3.1 REDEVELOPMENT AGENCY OF THE CITY OF DIAMOND BAR ANNUAL MEETING OF THE BOARD OF DIRECTORS APRIL 20, 2004 1. CALL TO ORDER: Chairperson Chang called the annual Redevelopment Agency meeting to order at 8:55 p.m. in the SCAQMD/Government Center Auditorium, 21825 Copley Dr., D.B. ROLL CALL: Agency Members Herrera, Huff, O'Connor, Vice Chairman Zirbes and Chairman Chang Staff present: Linda Lowry, Executive Director; Michael Jenkins, Agency Attorney; James DeStefano, Deputy City Manager; David Doyle, Deputy City Manager; Bob Rose, Community Services Director; David Liu, Public Works Director; April Blakey, Public Information Manager; Linda Magnuson, Finance Director; Ann Lungu, Associate Planner; Fred Alamolhoda, Sr. Engineer; Sharon Gomez, Management Analyst; Linda Smith, Development Services Assistant and Tommye Cribbins, Agency Secretary. 2. PUBLIC COMMENTS: None offered. 3. CONSENT CALENDAR: AM/Herrera moved, AM/Huff seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote with AM/O'Connor abstaining from Item 1.1.2. AYES: AGENCY MEMBERS: Herrera, Huff, O'Connor, VC/Zirbes, Chair/Chang NOES: AGENCY MEMBERS: None ABSENT: AGENCY MEMBERS: None 3.1 APPROVED MINUTES: 3.1.1 Regular Meeting of December 2, 2003 —As submitted. 3.1.2 Regular Meeting of December 16, 2003 — As submitted. 3.2 REVIEWED AND APPROVED TREASURER'S STATEMENT FOR APRIL 1, 2003 THROUGH MARCH 31, 2004 4. AGENCY MEMBER COMMENTS: None Offered. ADJOURNMENT: There being no further business to conduct, Chair/Chang adjourned the Redevelopment Agency meeting to the Diamond Bar Public Financing Authority Meeting at 8:57 p.m. APRIL 20, 2004 PAGE 2 REDEVELOPMENT AGENCY Linda C. Lowry, Agency Secretary The foregoing minutes are hereby approved this ATTEST: Wen Chang, Chairman day of 12004.