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CLOSED SESSION
STUDY SESSION:
CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
MARCH 16, 2004
None
5:00 p.m.
Next Resolution No. 2004-
Update On Diamond Bar Center Grand Opening Event Plans
In -House Street Sweeping Program
Public Comments on Study Session Agenda
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
INVOCATION: Ahmad Sakr, Ph.D, Islamic Education Center
ROLL CALL: Council Members Chang, Huff, O'Connor,
Mayor Pro Tem Herrera, Mayor Zirbes
APPROVAL OF AGENDA: Mayor
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Presentation of Certificate Plaque to the Los Angeles County Parks and
Recreation Department on the occasion of their 601" anniversary.
1.2. Presentation by So Cal Edison regarding the Grand Avenue Underground
Re -cable Project.
NEW BUSINESS OF THE MONTH:
1.3 Present Certificate Plaque to Subway Sandwich, 508 N. Diamond Bar
Blvd., as New Business of the Month, March 2004.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
2.1 Presentation by Brenda Hunnemiller, Area D, regarding Disaster Mitigation
March 16, 2004 PAGE 2
Plan.
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
(comDletion of this form is voluntarv). There is a five-minute maximum time limit
when addressina the Citv 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 COMMUNITY FOUNDATION MEETING — March 18, 2004 — 7:00 p.m.,
AQMD/Government Center Room CC -8, 21865 Copley Dr.
5.2 SPORTS COMPLEX TASK FORCE — March 18, 2004 — 7:00 p.m.,
AQMD/Government Center Room CC -7, 21865 Copley Dr.
5.3 "SUMMIT ON GROWTH" HOSTED BY THE SAN GABRIEL VALLEY
COUNCIL OF GOVERNMENTS, THE SAN GABRIEL VALLEY
ECONOMIC PARTNERSHIP AND THE SOUTHERN CALIFORNIA
ASSOCIATION OF GOVERNMENTS — March 20, 2004 — Registration
begins at 7:30 a.m., Summit will be held from 8:00 a.m. to 3:00 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr.
5.4 DIAMOND BAR CENTER GRAND OPENING OPEN HOUSE — March 20,
2004 — 11 a.m. to 2 p.m., Diamond Bar Center, 1600 Grand Ave.
5.5 PARKS AND RECREATION COMMISSION MEETING — March 25, 2004
— 7:00 p.m., AQMD/Government Center Hearing Board Room, 21865
Copley Dr.
5.6 ARBOR DAY CELEBRATION AND TREE PLANTING CEREMONY —
March 26, 2004 — 9 a.m., Pantera Elementary School, 801 Pantera Dr.
5.7 COED YOUTH TRACK MEET — March 27, 2004 — 9:00 a.m., Walnut High
School Track, 400 Pierre Road, Walnut.
5.8 MISS DIAMOND BAR BEAUTY PAGEANT — March 27, 2004 — 7:00 p.m.,
Mt. San Antonio College, Social Science Lecture Hall -26 B-101, 1100 N.
Grand Ave., Walnut.
March 16, 2004
0
PAGE 3
5.9 11th ANNUAL DIAMOND BAR FRIENDS OF THE LIBRARY WINE
TASTING SOIREE — March 28, 2004 - 4 p.m. to 7 p.m., Diamond Bar
Center, 1600 Grand Ave.
5.10 PUBLIC SAFETY COMMITTEE MEETING — April 5, 2004 — 7 p.m.,
Walnut/Diamond Bar Sheriff Station, 21695 E. Valley Blvd., Walnut
5.11 CITY COUNCIL MEETING — April 6, 2004 — 6:30 p.m.,
AQMD/Government Center, Auditorium, 21865 Copley Dr.
CONSENT CALENDAR:
6.1 CITY COUNCIL MINUTES:
6.1.1 Study Session of February 3, 2004 — Approve as submitted.
6.1.2 Regular Meeting of March 2, 2004 — Approve as submitted.
Requested by: City Clerk
6.2 PLANNING COMMISSION MINUTES — Regular Meeting of February 10,
2004 - Receive and file.
Requested by: Planning Division
6.3 PARKS & RECREATION COMMISSION MINUTES — Regular Meeting of
January 22, 2004 - Receive and file.
Requested by: Community Services Division
6.4 WARRANT - Approve Warrant Registers dated February 19, 2004 and
February 26, 2004 totaling $1,699,976.77
Requested by: Finance Division
6.5 NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NPDES):
6.5.1 SUPPORT AN AMICUS BRIEF TO THE SUPREME COURT ON
THE CASE CITY OF BURBANK V. REGIONAL WATER QUALITY
CONTROL BOARD.
Recommended Action: Support
6.5.2 APPROVE PAYMENT OF ADDITIONAL FUNDS FOR THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
March 16, 2004
7
E:3
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PAGE 4
(NPDES) PERMIT LITIGATION.
Recommended Action: Approve payment.
Requested by: Public Works Division
6.6 APPROVE EASEMENT AGREEMENT AND QUITCLAIM DEED WITH
THE WALNUT VALLEY WATER DISTRICT FOR THE DIAMOND BAR
CENTER.
Recommended Action: Approve Easement Agreement and Quitclaim
Deed.
Requested by: Public Works Division
6.7 ADOPT RESOLUTION NO. 2004 -XX IN SUPPORT OF DEVELOPMENT
OF A NATURAL HAZARD MITIGATION PLAN IN ACCORDANCE WITH
THE FEDERAL DISASTER MITIGATION ACT OF 2000 (PUBLIC LAW
106-390).
Recommended Action: Adopt Resolution.
Requested by: Community Development
PUBLIC HEARINGS: None.
COUNCIL CONSIDERATION:
8.1 COUNCIL MEMBER REQUEST TO ADD ONE CONCERT TO THE
SUMMER COMMUNITY CONCERT SCHEDULE AND APPROPRIATE
$1,500 TO FUND THE CONCERT.
Recommended Action: Direct staff as appropriate.
Requested by: Council Member O'Connor
COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT:
Agenda # Studv Session
Meeting Date: March 16, 2004
CITY COUNCIL AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: UPDATE ON DIAMOND BAR CENTER GRAND OPENING EVENT PLANS
Recommendation:
It is recommended that Council receive the final grand opening event plans for the Diamond
Bar Center.
Discussion:
The Open House and Gala Reception event outlines are as follows:
Open House — Saturday, March 20, 2004— 11 a.m. to 2 p.m.
Commander Chuck Street and Mayorarrive via helicopterand are escorted with Council via
fire truck to ribbon cutting ceremony at main entrance of facility. Ribbon cutting entertainment
will be provided by the Pacific Crest Bugle and Drum Corps.
11 am— 2 pm: OUTDOORS
? City of Diamond Barinformation booth and free face painting
? Diamond Bar Community Foundation information booth
? Commander Chuck Street music booth
? LA County Sheriff sDepartment display
? LA County Fire Department display
? In depend entLiving Center information booth
? Friends of the Diamond Bar Library/Bond Act information booth
? Diamond Bar Country Vaulters information booth
? Diamond Bar Evangelical Free Church information booth
? YMCA information booth
? Council of African American Parents information booth
? Cats in Need of Human Care (DB Petsmart Adoption Center)
information booth
? Diamond Bar Pop Warner Football information booth
WalnutValley Rotary Club information booth
Diamond Bar Chinese Association information booth
Compliments of the City of Diamond Bar and the Diamond Bar Community Foundation, every
guest will receive couponsfor: one Carls Jr. Famous Star, one bag of kettlekorn, and one
soda. One free ice cream scoop will be provided compliments of Cold Stone Creamery and
complimentary coffee will be availablethanks to /t' sA Grind Coffee House.
11 am— 2 pm INDOORS
? Grand View Ballroom — Bingo and facility information tables
? Sycamore Room & Patio — variety of party set ups for display only
? Pine Room — seniorclub information tables
? Maple Room — craft activities for kids
? Oak Room — City recreation class demonstrations
? Willow Room — computer activities and class information
Parking:
? Diamond Bar Center features 300 parking spaces in two lots
? 24 parking spaces are reserved for VIP parking
? VIP parking permits will be distributed prior to event
? 8 spaces are reserved for handicappedparking
? Additional parking available along Summitridge Drive
? Three shuttles will run from 10:30 a.m. to 2:30 p.m. with various stops around the area
? Overflow parking is available at Pantera Park
Gala Reception — Friday. March 26, 2004— 6 p.m. to 10 p.m.
6 — 7 pm Cocktail hour(cash bar with non-alcoholic beverages hosted) and appetizers
6:30 pm Doors open to Grand View Ballroom
7 pm Dinner served
Entertainment: Jumpin Joz Band (swing/jazz) — 3 piece — background music only
8 pm Event program begins
- Master of Ceremonies: Commander Chuck Street from KIIS-FM radio station
- Special presentations Commemorative video, presentationsby dignitaries, etc.
8 — 10 pm Entertainment: Jumpin Joz Band (swing/jazz) — 6 piece — music and dancing
10 pm End of event
Confirmed sponsors are: Diamond Bar Community Foundation ($1,500 - Bronze); Walnut
Valley Water District ($3,500 - Silver); and D & J Municipal Services ($5,000 - Gold).
Individual businesses have sponsored specific items including:
? Jumpin Joz Band provided thanks to the Diamond Bar Chamber of Commerce
? Wine with dinnercourtesyof Eileen Tillery and Jerry D. Mead' sNew World International
Wine Competition
? Floral arrangements by Xavier' sFlorist are compliments of donations from Xavier' sFlorist,
Remax Realty 100/Richard Malooly, Southern California Edison, and American Medical
Response.
The RSVP count as of March 11, 2004 at 10 a.m. is: 153
Prepared By
Reviewed By
Agenda: any .scion
Meeting Date: March 16, 2004
CITY COUNCIL \ AGENDA REPORT
�''c„nnanN"
TO: Honorable Mayor and Members ofthe City Council
VIA: Linda C. Lowry, City Manager
TITLE: CITY COUNCIL STUDY SESSION ON STREET SWEEPING SERVICES
RECOMMENDATION: Receive a presentation from staff, discuss the report, and direct
staff as appropriate.
BACKGROUND: The street sweeping contract was awarded to R.F. Dickson
(Dickson) on September 5, 2000 for a five-year period with the option of an additional
five years atthe City' s discretion. An amendment to the agreement was added on
August 21, 2001 to implement a street sweeping debris composting program.
DISCUSSION:
Current Contract With Dickson
_- Provides prompt and efficient service
e< No down time due to equipment breakdown
.es Response to service requests are immediate
.es Quality control performed regularly
,s Minimal City time required for contract administration
e; Cost effective and under budget
- FY 2003 -04 budget amount $140,000
During the previous three and one-half years of service, Dickson has provided the City
of Diamond Bar with street sweeping services on a regular basis. Dickson currently
sweeps approximately 10,000 curb miles per year and has performed well under the
terms ofthe agreement. Theservice has always been prompt and efficient. There
have been very few equipment breakdown s, and backup was always provided the
same day. Furthermore, when conditions require, a second sweeper is brought into the
City thus allowing the parking restrictions to be reduced.
If a citizen calls the City with a service request , the customer service department for
Dickson takes the message and automatically radios the sweeper' s driver to return to
the location for a re -sweep. Generally, the City is never charged for the re -sweep. The
City also receives a completed, written Service Request (log) for each call listing the
concern and how itwas resolved. Many times, the citizens' concern s are not due to
deficient service from the driver. Overhanging tree limbs, parked cars, piles of debris in
the street are just a few of the reasons a driver is unable to either pick up the debris or
is required to go around due to the excessive amount of debris. Over the last five (5)
months, there have been 14 calls made to Dickson to address service requests for
special attention to a particular area.
Dickson provides inspection ofthe driver' slay -to -day operation making certain the job
is done according to the City' s specifications. Periodically, the City' s Public Works
Supervisor will also monitor the street sweeping operation as a backup to Dickson' s
inspection.
The street sweeping budget for FY 2003 -2004 is $140,000. The projected year-end
expenditure should beapproximately $ 127 000. This year' sprogram included two (2)
months of weekly sweeping during the months of December and January . As part of
the street sweeping parking restriction program, we incurred additional costs in order to
establish separate route schedules for the school and condominium/comm ercial areas .
As to the prevailing wage determination issued by the Director of Industrial Relations
during the Davis Administration, Governor Schwarzenegger issued an Executive Order
S-02 -03 on November 17, 2003, which requires state agencies and department s to
cease processing administrative regulations, and to review all regulations that have
been promulgated since the beginning ofthe Davis Administration. Currently the
prevailing wage for sweeper operators is $43.67 . (Note: Dickson does not currently
pay prevailing wage.) Ifthe City is required to meet the prevailing wage requirement,
the Dickson contract would be increased by approximately $51,000 per year in order to
bring the sweeper operators' wages into alignment with State regulations. A
deter mination from the Schwarzenegger Administration should be forthcoming
sometime in June 2004 and the industry is very optimistic about the outcome .
Alternate Programs
Staff has researched two alternate methods of street sweeping. Each method would
involvebringing the service in-house. The Cities of Brea and Pomona were also
contacted for a price to perform street sweeping. However, due to the ircurrent
schedule and manpower, they were unable to offer a proposal. The following is an
overview of these services:
Lease/Purchase with Valley Vista Services:
z 5 -Year Lease to Purchase Contract
CNG (Compressed Natural Gas) Fuel
K Backup equipment provided
K $18 000/yr. maintenance provided
K Vehicle registration/lic ense included
K No operator training
K $211,517 annual costs (including labor provided by City)
Valley Vista Services (WS) submitted a proposal for a five-year lease with option to
purchase a Schwarze Model A7000CNG with a 2001 Freightliner FL70 CNG chassis
and a Cummins CNG engine (please see attached proposal #1 ).
The lease/purchase proposal from VVS provides for a back-up sweeper in case there is
extended downtime and weekly maintenance . Aback -up CNG sweeper would be
provided at no additional charge if the equipment experiences downtime due to repairs .
Lease/Purchase with Manufacturer
- 5 -Year Lease to Purchase Contract
K CNG Fuel
es Factory training for two individuals
K $18,000/yr. maintenance included
K No backup equipment
K $194,679 annual cost (including labor provided by City)
One of the leading manufactu rers of alternative fuel sweepers is Tymco in Waco,
Texas. Abid proposal for a lease to purchase Model 600 CNG Sweeper was
submitted. The features include a Freightliner FL70 Conventional Cab chassis with a
Cummins 8.3L CNG Chassis Engine. Tymco has an office/maintena nce shop in Buena
Park for warranty work as well as future required maintenance . Tymco includes in the
purchase cost training for two (2) staff members. On -going training is available for
operators and shop personnel atadditional cost (please see attached proposal #2).
Street Sweeping Cost Comparison
Staff has prepared a cost breakdown comparing the three types of street sweeping
service (please see Attachment "A").
Additional Considerations for In -House Service
As reflected in Attach ment "A",there will beadditional costs when sweeping is
performed by City staff. The payroll cost for the operator plus supervisor, additional
insurance through JPIA, dump fees for the debris, fuel charges, and maintenance
costs, all need to be included in the operation of an in-house program.
Life Cycle/Maintenance/Training
The City of Anaheim currently has a number of Tymco and Schwarze Sweepers in their
fleet. Staff interviewed the fleet manager to obtain information regarding the use of the
sweepe rs. The life cycle of the truck chassis is normally longer than the sweeping unit.
The chassis could expect a life cycle of approximately 15 -plus years as the wear and
tear on the engine is not excessive given the number of miles traveled and the speed of
the vehicle. The life expectancy of the sweeping unit is less due to the numerous
moving parts, switches, and accessories. The sweeper could expect a life cycle of 10
to 12 years. Since the truck chassis outlives the sweeping unit, the sweeper can be
replaced with a new unit.
The life expectancy of both the chassis and the sweeper is determined on how well the
equipment is maintained on a daily basis. All sweeping components need to be lubed
every eight (8) hours. The unit needs to be washed and cleaned after every use (and
done well) in order to preserve housing. Brooms and brushes, oil changes, filters,
seals on gutter brooms and main motor brooms all need to be monitored daily to make
certain each is working correctly.
The training ofthe personnel is critical to the life expectancy ofthe equipment.
Something as simple as the pick up of items like banding, cellophane, nylon twine and
similar items can create needless expense if not done properly. It is important to have
a good understanding of sweeper component adjustment. If the skids are raised too
high causing the sweeper head to drop down, unnecessary damage and excessive
wear isthe outcome, thus shortening the life ofthe pickup head. Gutter broom angle
and pressure are both important factors to adjust correctly. Otherwise, the quality of
the sweep suffers and causes wasteful and unproductive wear on the broom and other
components. Many organizations seem to think that anyone can operate a sweeper, so
they generally place anyone with no particular abilities in the sweeper. Over the long
haul, that is an expensive mistake. Also, a "B"driver' slicense is preferred as there are
requirements for updated training and drug testing required to preserve the license.
Equipment Downtime/Backup Operator
In the event there is equipment downtime, some streets may not be swept. Depending
on the length of equipment downtime, itwould be necessary to rent a sweeper. The fee
to rent the sweeper equipment from CleanStreet is $300 per day. A bac k -up operator
may be rented ata cost of $105 per hour with a three -hour minimum to cover vacations
and sick time.
Maintenance Yard
The City currently does not have a maintenance yard to park the sweeper overnight in
addition to performing the daily maintenance and cleaning . Vandalism can bea
problem ifnot properly secured. The Cities of Walnut, Pomona, and Chino, have been
contacted regarding the off-duty storage ofthe equipment along with the Caltrans
Golden Springs Drive Maintenance Yard. At this time, none of the locations would be
able to help out. Valley Vista would be able to accommodate storage of the equipment
attheir yard in the City of Industry (providing wepurchased the equipment from them).
Cost Per Curb Mile
In May 2003, the Leagu a of California Cities conducted a street sweeping survey. Of
the thirty-four (34) cities responding, 13 utilized a contractor for the service and 21
cities used in-house sweeping. The average cost per curb mile for contractor -provided
service was $18.88 and for in-house sweeping the average cost was $19.39 (please
see Attachment "B7. Diamond Bar currently pays $12.95 per curb mile. Many factors
go into calculating the cost per curb mile. The capacity of the equipment, frequency of
dumping of the debris, amount of debris in street, frequency of sweeping, salaries,
maintenance, etc.
Street Sweeping Program Administration
Please see attachment "C".
X91LC4iILIR1119I F
In light of the abovementioned information and discussion, itappears that while the
curren t service level with Dickson (by -weekly schedule) can be maintained with an
annual budget of $140,000, the City can further enhance the quality of our current
program by performing weekly sweeping service for a cost of $203,000. This figure is
comparable if not lower than the two alternate programs staff has presented.
Furthermore, with the enhanced service from Dickson, there would be no additional
administrative impacts or responsibilit ies to the City.
PREPARED BY:
Sharon Gomez, Senior Management Ana lyst
REVIEWED BY:
David G. Liu James DeStefano
Director of Public Works Deputy City Manager
Attachments: Cost Sheet, Attachment `A"
League of Calif. Cities Street Sweeping Survey, Attachment `8"
Street Sweeping Program Administration, Attachment "C
Proposal from Valley Vista Services
Proposal from Tymco International/GC S Western Equipment
STREET SWEEPING PROGRAM ADMINISTRATION: Resolution 2003 -21
adopted the parking penalty fee of $30. For the year 2003, 8069 citations were issued.
From January through September, the parking restriction signs were only posted atthe
"entrance to the neighborhoods". In September, signs were placed at each
entrance/end of every street, thus making the parking program more visibleto the
residents and visitors. The last quarter ofthe year showed a marked decrease in
citation issuance. However, residents are continuing to become accustomed to the
program restrictions as shown in the month of December when weekly street sweeping
commenced.
* Weekly street sweeping
** No citations issued due to new signage
As previously discussed, to sustain the Street Sweeping Policy Regulation Program,
the following example has been prepared.
Monthly Projection (Based on 200 cites per month)
$30 per Cite
POTENTIAL GROSS MONTHLY INCOME
$6,000
Monthly Expenses
Dismissal/void (3% = 6 cites x $30)
$ 180
Administrative fees ($1.48 per cite x 200 cites)
$ 296
Judicial fees ($5 per cite x 200 cites)
NO.
Jan
Feb
Mar
Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
Dec
OF
03 *
03
03
03
03
03
03
03
03
03
03
03 *
CITE
1557
335
775
776
457
665
738
715
0 **
108
284
1694
S
* Weekly street sweeping
** No citations issued due to new signage
As previously discussed, to sustain the Street Sweeping Policy Regulation Program,
the following example has been prepared.
Monthly Projection (Based on 200 cites per month)
$30 per Cite
POTENTIAL GROSS MONTHLY INCOME
$6,000
Monthly Expenses
Dismissal/void (3% = 6 cites x $30)
$ 180
Administrative fees ($1.48 per cite x 200 cites)
$ 296
Judicial fees ($5 per cite x 200 cites)
$1,000
Administrative Review Fees ( 2% = 4 cites x $3)
$ 12
Administrative Hearing Fees
JDS (2% = 4 cites x $5)
$ 20
La Verne Processing Fee (2% = 4 cites x $15)
$ 60
Hearing Officer (lump sum)
$ 110
CSO/Auto maintenance charges ($48,482 annual cost - 12
Months
$4,040
TOTAL MONTHLY EXPENSES
$5,718
TOTAL ANTICIPATED MONTHLY INCOME
$ 282
At the fee rate of $30 per citation and a monthly expense amount of $5, 718 , a minimum
of 190 citations per month would need to be issued in order to simply break even.
Each year the budget for the Sherifr sCSO and expenses is anticipated to increase by
3%(appr oximately $80 per month). Additional increases could be incurred in the future
from JDS for processing of the citations as cost of living increases are added in to the
fees.
Agenda No. 6.1.1
CITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION DRAFT
FEBRUARY 3,2004
STUDY SESSION: Mayor Zirbes called the Study Session to order
at 5:06 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,
MPT/Herrera, M/Zirbes.
Also present were: Linda Lowry, City Manager; Mike Jenkins, City
Attorney; Jim DeStefano, Deputy City Manager; David Doyle, Deputy City
Manager; David Liu, Public Works Director; Linda Magnuson, Finance Director;
Lynda Burgess, City Clerk; Nancy Whitehouse, Executive Assistant; Jim Clarke,
Legislative Analyst; Kim Crews, Senior Management Analyst; Anthony Jordan,
Parks and Maintenance Supervisor; Fred Alamolhoda, Senior Engineer and
Sharon Gomez, Senior ManagementAnalyst.
Lewis/Calvary Chapel Retail Center Update
DCM/DeStefano introduced David Lewis, Sr. Vice President, Lewis
Operating Companies, to describe the project.
Mr. Lewis reported that his firm began working with Calvary Chapel nearly
a year ago with the goal of moving the Chapel to another location,
perhaps to sites owned by the WVUSD and PUSD. He stated that the
search for another site was not successful. Further, he stated that the
Calvary Chapel would be willing to part with a portion of their site for the
Lewis development while, at the same time, expanding the sanctuary to
accommodate more than the current congregation of 3,000. With respect
to the Citrus Valley Health Partner' ssite above the Calvary Chapel, he
reported that his firm and City staff have worked closely to market the
remainder of the Calvary site closest to Grand Ave. and high interest has
been expressed by retailers such as Kohl' s,Home Depot and Target. He
displayed a site plan that reflects the wishes of the pastors of Calvary
Chapel showing how much of their site they are willing to part with. He
indicated that a 120,000 sq. ft. retail box was being depicted on the
drawing which would be perfect for a Target and a Home Depot, with a
backup by Kohl' sand Best Buy.
Mr. Lewis explained that development of the site envisions restaurant
pads and shop space and that various retailers have been contacted who
have shown a high level of interest in the site; however, no focus on
marketing the restaurant pads and shop spaces had yet begun because it
is important to identify the business that will be located in the big box
location to continue the appropriate synergy throughoutthe project.
Regarding the Citrus Valley Health Partners site, Mr. Lewis reported that a
plan of approximately200 town homes is being considered but that
February 3, 2004 Page 2 Study Session
environmental studies and general coordination of issues needs to be
addressed before a builder is brought in. He announced that
approximately two acres of the site would be set aside for an approximate
45,000 sq. ft. building consisting of office spaces. In addition, construction
of a Home Depot with a Target store above it is being considered but he
cautioned that there is no guarantee that the companies would agree to
the concept atthis time. Mr. Lewis then discussed the site plans
distributed to Council and staff.
Regarding Site Plan Scheme 2A, C/O' Connorexpressed concern that the
relocated driveway to the development on Golden Springs was too close
to the corner of Grand Ave. which would conflict with traffic at that
location.
DCM/DeStefano responded that the new driveway is approximately 200
feet away from Grand Ave. and reported that the fine details of public
works, building and safety, and planningand building codes have not yet
been worked out.
Mr. Lewis pointed out that the drawing depicts a deceleration lane, or
right -turn pocket thatdoesn' bxist today.
In response to C/O' Connor, Mr. Lewis explained that the parking structure
would be two stories.
In response to CM/Lowry regarding development of the hospital site,
DCM/DeStefano indicated that a 40 -50,000 sq. ft., two-story office
building, utilizing approximately two acres facing Grand Ave. is being
contemplated. In addition, he stated thatthe condominium town home
project consisting of approximately 175 units had been considered by
staff; however, the development could be expanded to 200 units. He
pointed out that further considerationof the town home project would need
to be reviewed becausethe development does not yet contemplate
homeowner association amenities. With respect to comparison of density
of the town home project, DCM/DeStefano reported that that the Cimarron
Oaks complex at the north end of Golden Springs nearTemple Ave. would
probably be similar density -wise.
In response to C/O' Connorregarding designating the project as combined
commercial/retail, DCM/DeStefano explained that the property owner is
desirous of changing the designation from commercial to residential. In
addition, he stated that staff s efforts to market the site as retail or
entertainment -based has not been successful and that potential
developers are more interested in development of the corner of Golden
Springs and Grand.
February 3, 2004 Page 3 Study Session
Mr. Lewis explained that the concern of retail customers is that the access
from Grand Ave. to that site isn' tvery good because the hospital site is so
long and narrow. He said that customers have indicated that they would
prefer the corner site and retailers are very sensitive to be ing "out
positioned"so they don' twant to have a store that' shard to get to.
C/Huff stated that when the Planning Commission discussed the Citrus
Valley Health site' sconditional use permit, a lot of concern was expressed
by residents above the site regarding their view of the buildings below
them. With a housing element there, he felt that the City would be
creating a more pleasant viewfor the neighbors. Regarding the water
tank being proposed by the Water District, he asked how that issue was
being resolved.
DCM/DeStefano reported that staff was not aware of the Water District
continuing to pursue installation of a tank at that location but if a tank were
proposed, staff would consider placement of it underground so that the
aboveground space could be used as open space or a parking lot
between the office building and the residential. In addition, he pointed out
that the Water District would need to acquire the property but they have
not indicated an interestin doing so for several years.
CM/Lowry stated the City' s economic development strategy is limited to
working in partnership with the market and because the church property is
so valuable and the pastors are good businessmen, the City must partner
with the market to create the City' sopportunities. She said that in order
for the market to work, the housing component would offset the high price
of the commercial piece. Further, she explained that the City could zone it
or land use designate it as all commercial, but the market wouldn' be able
to do anything with it.
C/Chang stated that he would like to see the site being developed
particularlyfor commercial usage because of the sales tax revenue for the
City. He said that he had concerns relating to traffic because in the
afternoon peak hour, the traffic on Golden Springs east and west bound is
very heavy and cars stack up waiting to make a right turn onto Grand Ave.
With the addition of 200 townhouse units and the 45,000 sq. ft. small office
building, he expressed concern that the traffic would become horrendous.
C/Chang then asked about the type of the bookstore to be located on the
site.
Mr. Lewis explained that the bookstore is proposed to be a Barnes and
Noble type Christian store.
February 3, 2004 Page 4 Study Session
Regarding the traffic study, Mr. Lewis stated that Linscott, Law and
Greenspan has been working on the project since last October and the
study should be complete soon.
In response to C/Chang' s question regarding zoning changes,
DCM/DeStefano reported that a General Plan amendment would be
needed to modify the property' sdesignation from commercial and office
uses to residential. In addition, he stated that a specific plan, changing
the zoning from commercial manufacturing to residential, an architectural
review, a site plan review, a conditional use permit, a sign review, etc.
would also need to be accomplished.
Mr. Lewis continued with his explanation of the site plans and conceptual
elevations presentation to Council. He stated that the town homes would
be approximately 1,400 to 2,000 sq. ft. and would sell in the $375,OOOand
$475,000 range. His firm is focused on completing the package and
environmental documents to presentto the City.
In response to MPT/Herrera' squestion regarding the timeline after the
project is presented to the City, DCM/DeStefano explained that, once
received, staff will review the environmental documents before sending
the project to the Planning Commission for public hearings. After Planning
Commission review, further public hearings will be scheduled in front of
the City Council. He report that staff is hoping to have firm commitments,
letters of intent or actual agreements from some of the lead tenants before
the package is submitted to the City and the project will be marketed at
ICSC in May by City staff and Lewis staff. He said that he anticipated
construction would begin in early 2005 with an opening at the end of the
year or by mid 2006.
CM/Lowry then introduced Jay Sloan from the Pacific Institute and stated that
she hoped that Council would begin to see changes among staff as a result of
the training received.
RECESS: There being no further business to conduct, M/Zirbes
recessed the Study Session at 5:52 p.m.
Lynda Burgess, City Clerk
The foregoing minutes are hereby approved this 16th dayof March 2004.
Bob Zirbes, Mayor
Agenda No.
MINUTES OF THE CITY COUNCIL 6.1.2
REGULAR MEETING OF THE CITY OF DIAMOND BAR
MARCH 2, 2004
DRAFT
CLOSED SESSION: None.
STUDY SESSION: Mayor Zirbes called the Study Session to orderat 5:45
p.m. in Room CC -8 of The Government Center/South Coast Air Quality Management
District, 21865 Copley Dr., Diamond Bar, CA.
Present: Council Members Chang, Huff, O' Connor,Mayor Pro
Tem Herrera and Mayor Zirbes
Also present: Linda Lowry, City Manager; Mike Jenkins, City Attorney; James DeStefano,
Deputy City Manager, David Liu, Public Works Director; Bob Rose, Community Services
Director; Linda Magnuson, Finance Director; Lynda Burgess, City Clerk; Nancy
Whitehouse, Executive Assistant; April Blakey, Public Information Manager;Marsha Roa,
Communications & Marketing Coordinator; Sara West, Recreation Supervisor; Fred
Alamolholda, Senior Engineerand Sharon Gomez, Management Analyst
? Revision of Diamond Bar Center Policies
? Budget and Goals Review
? Public Comments on Study Session Items
M/Zirbes recessed the Study Session at 6:45 p.m.
CALL TO ORDER: MayorZirbes calledthe regularCity Council meeting to
order at 6:55 p.m. in the Auditorium of the Government Center/SCAQMD, 21865 Copley
Dr., Diamond Bar, CA.
M/Zirbes announced that, during the Study Session, Council and staff reviewed the
midyear budgetand received reportfrom financestaff that the revenue and expenditure
projections set 8 months ago were holding true in spite of the State' sbudgetcrises. He
further reported that the opening of the D.B. Center was on target for opening on March
20`h.
PLEDGE OF ALLEGIANCE: The Pledge of Allegiancewas lead by C/Huff
INVOCATION: The invocation was given by Pastor Ryan
Stephens, Church of Jesus Christ of Latter Day Saints.
ROLL CALL: Council Members Chang, Huff, O' ConnorMayor
Pro Tem Herrera, Mayor Zirbes.
Also present: Linda Lowry, City Manager; Mike Jenkins, City Attorney; James DeStefano,
Deputy City Manager; David Liu, Public Works Director; Bob Rose, Community Services
Director; Linda Magnuson, Finance Director and Lynda Burgess, City Clerk.
MARCH 2, 2004 PAGE 2 CITY COUNCIL
APPROVAL OF AGENDA: As presented.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Presented City Tiles to Andy Lui, outgoing Parks and Recreation
Commission; Vinod Kashyap, Traffic and Transportation Commission; and
Osman Wei and Steve Nelson, Planning Commission. A tile will be sentto
outgoing Parks and Recreation Commissioner Jeff Hull, who was not in
attendance.
1.2 Presented Certificates ofAppreciationto Debby O' Connor, ElenaMaflaand
Scott McGookin,outgoingDiamond Bar Community Foundation Members. A
Certificate will be sent to outgoing Foundation Member Jeff Hull, who was
not in attendance.
1.3 Proclaimed March 2004 as American Cross Month— Certificate received by
Jeanette Bullock, E.D., American Red Cross and Rhonda Aihari,volunteer
nurse.
BUSINESS OF MONTH:
1.4 Presented City Tile to Eddie Tsui of Shanghai Palace and displayed
Business of the Month video.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/Lowry
added to the Mayor' scomments regarding the City' scurrent budget position by
stating that, unlike some neighboring cities, staf f has not asked for budget
adjustment approvals to remain in the black. She commended presentand former
Council Members fortheir commitment and policies providing for over $20millionin
reserves today.
3. PUBLIC COMMENTS: Jeff Koontz, Executive Director, Chamber of
Commerce, announced that the Chamber will host a meeting with the California
State Legislative Analyst to talk aboutthe State' sbudgeton March 12 atthe D.B.
Golf Course from 11:00 a.m. to 1:p.m. The cost of the eventwill be $25andwill be
in an `open mike" format. He further stated that Assemblyman Bob Pachecowill be
making a presentation before the State budget discussion.
4. RESPONSE TO PUBLIC COMMENTS: None Offered.
5. SCHEDULE OF FUTURE EVENTS: AS LISTED ON THE PREPARED AENDA.
6. CONSENT CALENDAR: Moved by MPT/Herrera, seconded by C/Huff to
approve the Consent Calendaras presented. Motion carried by the following Roll
Call vote:
MARCH 2. 2004 PAGE 3 CITY COUNCIL
AYES: COUNCIL MEMBERS -Chang, Huff, O' Connor,MPT/Herrera,
M/Zi rbes
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
6.1 APPROVED MINUTES OF REGULAR MEETING OF FEBRUARY 3,2004—
As submitted.
6.2 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION COMMISSION
MINUTES —January 8, 2004.
6.3 APPROVED WARRANT REGISTERS —dated February 19, 2004 and
February 26, 2004 in an amount totaling $1,142,454.58.
6.4 APPROVED TREASURER' SSTATEMENT —month of January, 2004
6.5 REJECTED CLAIMS FOR DAMAGES:
6.5.1 Filed by Adan Tellez, January 30, 2004.
6.5.2 Filed by Denyse Shearer, February 6, 2004
6.6 APPROVED AMENDMENTS TO THE HOME IMPROVEMENT PROGRAM
PERTAINING TO 1) FUNDING FOR LANDSCAPING IMPROVEMENTS
LOCATED ON SIDE OR REAR YARD AREAS ADJACENT TO PUBLIC
RIGHTS -OF-WAY AND 2) FUNDING FOR PREVIOUSLY UNFORESEEN
HEALTH AND SAFETY CONCERNS.
6.7 APPROVED AMENDMENT NO. 2 TO CONTRACT WITH TRUGREEN
LANDCARE TO INCREASE THE AMOUNT OF ADDITIONAL WORK FOR
THE CITYWIDE LANDSCAPE MAINTENANCE CONTRACT BY $106,000
FOR A TOTAL 2003/04 FISCAL YEAR AUTHORIZATION OF $156,000.
7. PUBLIC HEARINGS: None
8.1 COMMUNITY FOUNDATION MEMBERSHIP
8.1.1 ACCEPT RESIGNATION TENDERED BY BOARD MEMBERCHERY
COOPER.
8.1.2 REAPPOINT GURBAX "RAI"MARWAH TO THE DIAMOND BAR
COMMUNITY FOUNDATION.
MARCH 2, 2004 PAGE 4 CITY COUNCIL
C/O' Connorthanked Cheryl Cooper for her input and service to the
Foundation Board. She expressed her pleasureat seeing that Rai Marwah
is willing to serve on the Board for another two-year term. She then
announced that several openings still remain and encouraged interested
persons to seek
appointment to the Foundation. She further announcedthat approximately
500 more residential street signs are available and encouraged interested
persons to contact the Foundation to purchase.
C/O' Connormoved, seconded by C/Huff to acceptthe resignation tendered
by Chery Cooperand reappointMr. Rai Marwah to the Foundation Board for
a two-year term. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS -Chang, Huff, O' ConnorMPT/Herrera,
M/Zirbes
NOES: COUNCIL MEMBERS - None
ABSENT: COUNCIL MEMBERS - None
9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
C/Chang encouraged everyone to vote. He reported on the performance by
students and teachers ofD.B.H.S. in " DamnYankees"and encouragedhe publicto
attend productions on March 4, March 5 and March 6 at the D.B.H.S. Theaterat 7
p.m.
C/O' Connoireported on recent meeting with the L.A. County Local Gov' t.Comm.
regarding 911 calls. She then encouraged parents to complete and return surveys
sent out regarding the City' sYouth Master Plan.
C/Huff spoke about measures on the ballot. He t hanked everyone for their
assistance and support on his campaign for State Assembly.
MPT/Herrera thanked all outgoing Commissioners and Foundation members for
their hard work and service to the community.
10. ADJOURNMENT: There beingno furtherbusinessto conduct,M/Zirbesadjourned
the meeting at 7:40 p.m.
LYNDA BURGESS, CITY CLERK
The foregoing minutes are hereby approved this 16th day of March 2004.
MARCH 2, 2004 PAGE 5 CITY COUNCIL
BOB ZIRBES, MAYOR
Agenda No. 6.2
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
FEBRUARY 10, 2004
CALL TO ORDER:
Chairman Tye called the meeting to order at 7:00 p.m. in the South Coast Air Quality
Management/Government Center Auditorium, 21865 East Copley Drive, Diamond Bar,
California 91765.
PLEDGE OF ALLEGIANCE:
Commissioner Wei led the Pledge of Allegiance.
1. ROLL CALL:
Present: Chairman Steve Tye; Vice Chairman Dan Nolan; and
Commissioners Steve Nelson; Jack Tanaka; and Osman Wei.
Also present James DeStefano, Deputy City Manager; Ann Lungu,
Associate Planner; Linda Smith, Development Services
Assistant; and Stella Marquez, Administrative Assistant.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered.
3. APPROVAL OF AGENDA: As presented.
09161! M=aid_lR4ZU7_1Z;
4.1 Approval of January 27, 2004, Regular Meeting minutes.
VC/Nolan moved, C/Tanaka seconded,to approve the January 27, 2004,
Regular Meeting minutes as presented with C/Wei abstaining.
5. OLD BUSINESS: None
6. NEW BUSINESS:
6.1 Government Code Section 65402 — Resolution of the Planning
Commission finding that the sale of surplus school district property is not in
conformance with the General Plan (GC§65401.)
DCM/DeStefano reported that on Friday, staff prepared a report indicating
staff ssupportfor Planning Commission adoption of a resolution finding the
FEBRUARY 10, 2004 Page 2 PLANNING COMMISSION
sale of the surplus property in conformance with the General Plan. In
consultation with the City Attorney' soffice today, a newstaff and resolution
were prepared that recommends Planning Commission adoption finding the
sale of property not to be in conformance with the City' sGeneral Plan. The
issue is that the school district is proposing to sell Site D, the 26 -acre site
located in the southerly portion of Diamond Barat Diamond BarBoulevardat
Brea Canyon Road (vacant property across from Evangelical Free Church.)
The property is designated in the City' sGeneral Plan as Public Facility and
zoned by the City' sCode as Residential. The school district is interested in
disposing of the property and has indicated their desire thatthe property be
sold and developed for residential purposes. That intended land use
providesthe highestreturn in theirminds for that property in accordancewith
their interest in generating revenue for on-going capital projects and other
activities. The City has been marketing the same property for a commercial
development because the City has a void of commercial properties in that
area of the City. It would provide revenues to the City and goods and
services to the general public in Diamond Barand adjacent municipalities.
The school district has put forth information to prospective bidders that
indicatesa minimum bid price and indicatesa proposedintended land use of
Residential. Since the intended useof the propertyis Residentialor possibly
Commercial, and since neither of those land uses are consistent with the
current designation of Public Facilities, staff believesthat the Commission
cannotfind the sale ofpropertyto beconsistent with the City' sGeneral Plan.
The same holdstrue for the South PointWest Property. This approximately
25 grossacre site located south of LarkstoneDrive and south of the existing
South Point Middle School property. This property consists of a net usable
acreage of aboutseven acres. This property has been declared surplus and
is being offered to prospective bidders for development purposes. The
school districtis seekingthe highestvalue achievable,which they believeto
be Residential and have so indicated. The propertyis classifiedby the City' s
General Plan as a Planning Area with a need for a future Master Planning
Document consisting of a combinationof Recreation,Open spaceand Public
Facilities. The current zoning is Residential, similar to its surrounding
neighborhood. However, the property has Map and Deed restrictions that
prohibitthe constructionof residential products.The City has beenassisting
the school district in marketing the site to prospective residentialdevelopers.
However, in term s of finding conformity with the City' s General Plan, a
residential use is not consistent with the current designation of Planning
Area. Therefore, staff is recommending that through this resolution, the
Planning Commission find the proposed sale and use of the propertynotto
FEBRUARY 10, 2004 Page 3 PLANNING COMMISSION
be in conformance with the City' sGeneral Plan.
FEBRUARY 10, 2004 Page 4 PLANNING COMMISSION
DCM/DeStefano explained that the Planning Commission hasthe authority
to move in any direction. Regardless of the Commission' sdecision, the
school district is not required bylaw to abide by the decision and it does not
affect the sale of the school district properties.
C/Tanaka asked for an example of"PublicFacilities."
DCM/DeStefano responded that Public Facilities could be parks, city hall,
library, water facility, fire station, sheriff sstation, and similar types of land
use.
There was no one present who wished to speak on this matter
C/Nelson asked for clarification on whetherthe City would be supportingthe
sale of the propertyfor the ultimate use as either Residential or Commercial
or do we prefer Commercial? At some point there would be a zone change
and a General Plan Amendment. Is that done as part of the sale and does
the City cooperate with that or does that represent a conflict for us to
cooperate in advising them?
DCM/DeStefano respondedthat there is noconflict. The City advisesprivate
parties on a regular basis in terms of what they may be able to do with their
propertyand whatthe City' svision fortheirpropertywill be.The City markets
properties on a regular basis in order to try to achieve the preferred land
usage, i.e., the current Calvary Chapel project. It does not impede the
Planning Commissions and City Councils future decisions and does not
dictate the absolute direction. The General Plan is nine years old and is a
static document in a dynamic society. Market conditions are changing. In
this case, the school district' sinterests for use of the property are changing
and the City' sGeneral Plan probably needs to be amended. To what land
use is still in question.
VC/Nolan asked if he was correct in assuming that the request does not
conform to the City' sGeneral Plan. If the Planning Commission were to
pass the resolution as previously written it would be wrong because the
document was incorrect and potentially, there could be some liability.
DCM/DeStefano agreed. This revised resolution is a result of legal staff
taking a careful look at the Government Code Section and being able to
reviewthe school district' sdocumentsfor purposes of sale of the property.
FEBRUARY 10, 2004 Page 5 PLANNING COMMISSION
VA
Staff is trying to insure that there is no misunderstanding as to the City' s
intent. The City is not saying that Residential and Commercial uses are
appropriate in this instance and there should be no confusion surrounding
the matter at this time.
VC/Nolan moved, C/Nelson seconded, to adopt Resolution No. 2004-07
finding the sale of surplus school district propertynotto be in conformance
with the General Plan (GC §65402.) Motion carried by the following Roll
Call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
VC/Nolan, Nelson, Tanaka, Wei,
Chair/Tye
None
None
DCM/DeStefano advised the Commission that he personally contacted the
school superintendent today to discuss this matter to make sure the school
district understood what the City needed to do and why staff was
recommending that the Planning Commission take this evening' stiction.
CONTINUED PUBLIC HEARING(S):
7.1 Development Review No. 2003-09 and Tree Permit 2003-10 (pursuantto
Code Sections 22.48.020(a) (1) and 22.38) is a requestto construct a two-
story, single family residence with basement including balconies, porch,
deckand two attached two -car garagestotaling approximately15,930 gross
square feet. Additionally, a requestto encroach upon the 10 footprotective
drip line and canopy ofa mature oaktree and reduce the crown of the oak
tree by approximately 30 percent. (Continued from January 13, 2004)
PROJECT ADDRESS: 3131 Steeplechase Lane
(Lot 2 of Parcel Map 23382)
Diamond Bar, CA 91765
PROPERTY OWNER: Polly Wu
1326 Golden Coast Lane
Rowland Heights, CA 91748
APPLICANT: Simon Shum & Manolo Manalo
S&W Development
FEBRUARY 10, 2004 Page 6 PLANNING COMMISSION
20272 Carrey Road
Walnut, CA 91789
FEBRUARY 10, 2004 Page 7 PLANNING COMMISSION
DCM/DeStefano stated that staff has been working with the
developer/architect on this project and all parties concluded late last week
that an additionalcontinuancewas necessaryin orderto accurately respond
to the PlanningCommissions requests.Therefore, staff recommendsthat the
Planning Commission continuethe public hearing for Development Review
No. 2003-09 and Tree Permit No. 2003-09 to April 27, 2004.
Chair/Tye reopened the public hearing.
There was no one present to speak on this matter.
DCM/DeStefano explained to Chair/Tye that unless the Planning
Commission scheduled special session on this matter, April 27 isthe drop -
dead date. On April 27 staff would present an applicationto the Commission
for its final action.
VC/Nolan moved, C/Tanaka seconded, to continue the public hearing for
Development Review No. 2003-09 and Tree Permit No. 2003-09 to April 27,
2004. Motion carried by the following Roll Call vote:
I_t.1=6�K�7�1�16X9C�711�:��
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
VC/Nolan, Tanaka, Wei, Nelson
Chair/Tye
None
None
7.2 Develooment Review No. 2003-11 and Minor Conditional Use Permit
No. 2003-09 (pursuant to Code Sections 22.48.020(l)(1),22.56.020 and
22.68.020)is a requestto constructa secondstory additionof approximately
2,100 square feet including deck and balconyto an existing one-storysingle
family residence of approximately 1,774 square feet including the two car
garage.The requestalso includesa MinorConditional Use Permitdueto the
legal non -conforming existing side yard setbacks. (Continued from
January 27, 2004)
PROJECT ADDRESS: 23831 Twin Pines Lane
(Tract 27530, Lot 116)
Diamond Bar, CA 91765
PROPERTY OWNER: Rene Sanchez
23831 Twin Pines Lane
FEBRUARY 10, 2004 Page 8 PLANNING COMMISSION
Diamond Bar, CA 91765
APPLICANT: Ramon Gallardo
3317 Beverly Boulevard #108
Montebello, CA 90640
AssocP/Lungu presented staff sreport. Staff recommendsthat the Planning
Commission approve Development Review No. 2003-11 and Minor
Conditional Use Permit No. 2003-09, Findings of Fact, and conditions of
approval as listed within the Resolution.
Rene Sanchez testified that that he had complied with all of the
Commission' srequests.
Chair/Tye opened the public hearing.
There being no one presentwho wished to speak on this matter, Chair/Tye
closed the public hearing.
C/Nelson moved, C/Wei seconded, to approve Development Review
No. 2003-11 and Minor Conditional Use Permit No. 2003-09, Findings of
Fact, and conditions of approval as listed within the Resolution. Motion
carried by the following Roll Call vote:
AYES: COMMISSIONERS: Nelson, Wei, Tanaka, VC/Nolan,
Chair/Tye
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
8. PUBLIC HEARING(S):
8.1 Development Review No. 2003-26. Minor Conditional Use Permit
No. 2003-14 and Tree Permit No. 2003-11 (pursuant to Code
Sections 22.48.020(a)(1)) (3), 22.52.020 (2) and 22.38.020) is a requestto
construct a two-story accessory structure within the rearyard to be utilized
as a three car garage and recreation room totaling to approximately 1,157
square feet with a bridge/walkway connecting the proposed structure to the
main residence. The request includes: a retaining wall with a maximum
exposed height of four feet to create the driveway pad to the proposed
garage; and convertingthe existing garage to app roximately560square feet
FEBRUARY 10, 2004 Page 9 PLANNING COMMISSION
of livable area. Development Review is an architectural/design review and
also required because the proposed project is on a descending slope
FEBRUARY 10, 2004 Page 10 PLANNING COMMISSION
abutting a public street. Minor Conditional Use Permit is for a proposed
driveway width wider than allowed by code. Tree Permit is required for the
removal/replacement of a California peppertree.
PROJECT ADDRESS: 2759 Steeplechase Lane
(Lot 40, Tract No. 30289)
Diamond Bar, CA 91765
PROPERTY OWNER: Hong Dong
2759 Steeplechase Lane
Diamond Bar, CA 91765
APPLICANT: Ms. Daphne Fan
I.C.&Q. Design & Development, Inc.
13501 Tracy Street #B
Baldwin Park, CA 91706
AssocP/Lungu presented staff s report. Staff recommends Planning
Commission approval of Development Review No. 2003-26, Minor
Conditional Use Permit No. 2003-14 andTree Permit No. 2003-11, Findings
of Fact, and conditions of approval as listed within the Resolution.
C/Tanaka asked if itwas a difficultand long processto abandona recreation
or equestrian easement?
AssocP/Lungu responded that such easements were private matters.
VC/Nolan thoughtthatthe California peppertree was eliminated from the list
of endangered species.
AssocP/Lungu indicated that the species was not eliminated.The Code was
amended to read "whereappropriate."
Chair/Tye asked in reference to Item 5. (f) on page 9 when plan check
submittal takes place.
AssocP/Lungu explainedthat plan checksubmittal is the next process after
Planning Commission approval. If the easement is not abandoned the
applicantwould notbe ableto placethe tenniscourton the locationbecause
the permits would not be issued.
FEBRUARY 10, 2004 Page 11 PLANNING COMMISSION
FEBRUARY 10, 2004 Page 12 PLANNING COMMISSION
C/Nelson also believed that the City had eliminated the naturalized
California pepper tree from the endangered species list in general but
recognized that it had certain aesthetic, cultural and historical values in
some settings. In this case, it appears to be a strict interpretation of the
revised Development Code that it is required. Further, the resolutioncallsfor
replacement of the California peppertrees "inkind"which he believedwas
not intended by the Code.
AssocP/Lungu explained that the Commission would have flexibility
regarding "in kind." The General Plan requires that the City have an
ordinance to protect peppertrees. Itdoes not specify "California"pepper
trees. The languagewas changed to read" peppetrees, where appropriate"
upon lots of 1/2 acre or greater.
Daphne Fan explained that the applicant proposes to replace the pepper
tree with six pepper trees. She further explained that Los Angeles Fire
Department requested a 20 -foot wide driveway. The style of the proposed
building mirrors the existing main dwelling. She indicated that the property
owner was working with the title company to resolve the easement
abandonment issue.
C/Wei moved, C/Tanaka seconded, to approve Development Review
No.2003-26, Minor Conditional Use Permit No. 2003-14 andTreePermitNo.
2003-11, Findings of Fact, and conditions of approval as listed within the
Resolution. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Nelson, Tanaka, Wei VC/Nolan,
Chair/Tye
None
None
8.2 Development Review No. 2004-02, Minor Variance No. 2003-14 andlTree
Permit No. 2003.09 (pursuant to Code Sections 22.48.020.(1)(1),
22.52.020(2) and 22.38.020.) is a request to construct a two storyplus a
basement single family residence with a six car garage (three tandem
spaces) balconies,front porch totaling to approximately9,397 squarefeet.
The request includes rear, side and front yard retaining walls, walls not to
exceed an exposed height of six feet. Development Review is an
architectural design review. Minor Variance is related to a 20 percent
reduction of the required 30 -foot front yard setback. The Tree Permit is
FEBRUARY 10, 2004 Page 13 PLANNING COMMISSION
related to the removal, replacementand protection of specific tree species
as described in the City' sDevelopment Code.
PROJECT ADDRES: 22607 Ridgeline Road
(Lot 21, Tract No. 3009 1)
Diamond Bar, CA 91765
PROPERTY OWNER/ An Chi Lin
APPLICANT: 1357 W. Alhambra Road
San Gabriel, CA 91775
AssocP/Lungu presented staff s report. Staff recommends Planning
Commission approval of Development Review No. 2004-02, MinorVariance
No. 2003.14 andTree Permit No. 2003-09, Findings of Fact, and conditions
of approval as listed within the Resolution.
An Chi Lin, applicant, explained that his project is located in "The Country
Estates." The design is contemporary and coverage is aboutseven percent
of the total lot. Before he commenced his project he went to the Planning
Department with his plan and obtained approval from "TheCountry Estates"
Homeowners Association. He completed his duediligencein orderto insure
the quality and safety of his project for the surrounding neighborhood. He
asked for approval of his project.
Chair/Tye opened the public hearing.
There being no one presentwho wished to speak on this matter, Chair/Tye
closed the public hearing.
C/Wei moved, C/Nelson seconded, to approve Development Review
No. 2004-02, Minor Variance No. 2003-14 and Tree Permit No. 2003-09,
Findings of Fact, and conditions of approval as listed within the Resolution.
Motion carried by the following Roll Call vote:
AYES: COMMISSIONE RS
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Wei, Nelson, Tanaka, VC/Nolan,
Chair/Tye
None
None
9. PLANNING COMMISSION COMMENTS/INFOR MATIONAL ITEMS: Chair/Tye
FEBRUARY 10, 2004 Page 14 PLANNING COMMISSION
thanked DCM/DeStefano for arrangingthe Commissions tour of the Diamond Bar
Center, an outstanding facility. He looks forward to the grand opening. Regarding
hillsides and slopes, he was involved in a project, spearheaded by Mr. Zirbes, to
help assist a resident with mitigation. With the current hillside and slope
maintenance requirements, what is the process by which the City notifies a
homeowner about a slide or a hillside that does not meet the requirements?
DCM/DeStefano explainedthat a proactive Code Enforcement Officer would note
the deficiency and at a minimum, submit a courtesy notice to correct and moving
forward depending on the response.
Chair/Tye asked how long the City would have to wait for the SCAQMD property
hillside to be mitigated?
DCM/DeStefano responded thatthe AQMD is aware of the problemand has hired a
geotechnical engineer in order to determine possible further slippage and what
mitigation measures should be incorporated. He did not know when the project
would be completed but agreed to obtain the information and report back to the
Commission.
i[r�_tIF0 9916lITihTil:11 Z11&AR401:fr4/t11110[e7il/_10kOILTA&5
10.1 Public Hearing dates for future projects —as itemized in the agenda
packet.
Bill N:96721111101:7:E:kV/4Zlt&1
As listed in the Agenda.
ADJOURNMENT: There being no further business to come before the Planning
Commission, Chairman Tye adjourned the meeting at 7:58 p.m.
Respectfully Submitted,
James DeStefano
Deputy City Manager
Attest:
FEBRUARY 10, 2004 Page 15 PLANNING COMMISSION
Steve Tye, 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 E. Copley Drive
JANUARY 22, 2004
CALL TO ORDER:
Chairman Hull called the meeting to order at 7:28 p.m. in the SCAQMD/Government
Center Building Hearing Board Room, 21865 E. Copley Drive, Diamond Bar, California
91765.
UR:IBic] =90]0-11RR r] /_L[ =9
Commissioner Torres led the Pledge of Allegiance.
ROLL CALL:
Present: Chairman Hull, Vice Chairman Grundy and Torres.
Commissioner Lui and Lyons were excused.
Staff: Bob Rose, Director of Community Services; Sara West,
Recreation Supervisor II, and Marisa Somenzi, Administrative
Assistant.
MATTERS FROM THE AUDIENCE: None Offered.
3. OLD BUSINESS
3.1 Request for Morning Lig htingof Tennis Courts at Pantera Park between 6:00
a.m. and 7:00 a.m.
CSD/Rose reported that as a result of a request brought before the
Commission at its October 3 meeting, a neighborhood meeting was
scheduled at Pantera Elementary School on December 3 at 6:30 p.m. to
discuss this matter. Staff sent out about 600 notices to the immediate
neighborhood. There were no community members present for the
December 3 meeting.Staff recommends that becauseno additionalsupport
JANUARY 22, 2004 PAGE 2 P&R COMMISSION
for this request was received on December 3, 2003, that the Commission
deny the residents' request to extend the lighting schedule for the tennis
courts at Pantera Park.
Andy Jethwani reiterated his request for lighting so that individuals could
take advantage of early morning play.
VC/Grundy asked Mr. Jethwani and Mr. Hari if they were present for the
December 3 meeting. They responded they did not attend because they
thought the meeting was for people who opposed the lights.
Hanumantha Hari, again askedthe Commission to provideplayerswith early
morning lighting of the tennis courts. To date no one has objected to the
request.
C/Torres said he appreciatedthe request and the speakers' points of view
but feltthe Commission could not ignorethe majority by approvinga request
made by a small group of people. It was not a personal decision but a
decisionbasedon theconsiderationof rulesand guidelinesput into effectby
the Parks Department. If there was a greater interest in having the lights
turned on at an early hourit might be feasible to considerthe request.
VC/Grundy asked CSD/Rose to comment on the current guidelines.
CSD/Rose explainedthat there are two differentsets of rules in the packet—
one for the hours of operation that speaks to parks beingopenfrom one-half
hour prior to sunrise and to one half-hourafter sunset with lighted facilities
remaining open until 10:00 p.m. This rule does not anticipate morning
Iighting.The secondsetof rulesis Planning Commission Resolution NO. 95-
04 that was established upon the developmentof Pantera Park that states
that the daily hours of operationfor the park shall be limited to one-half hour
before sunrise to 10:00 p.m. He stated that the December 3 meeting was
scheduled to see what reaction the neighborswould have to early morning
lighting.
VC/Grundy said he concurred with C/Torres' statements. He appreciatedthe
request but in reviewing the guidelines and community non -reaction to the
change request, as a matter of general interest, the currentguidelineshould
JANUARY 22, 2004 PAGE 3 P&R COMMISSION
remain in effect.
Chair/Hull concurred with VC/Grundy and C/Torres
VC/Grundy moved, C/Torres seconded, to deny the residents' request to
extend the lighting schedule for the tennis courts at Pantera Park. Motion
carried by the following Roll Call vote:
AYES: COMMISSIONERS: Torres, VC/Grundy, Chair/Hull
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: Lui and Lyons
CALENDAR OF EVENTS: As presented in the agenda.
1. CONSENT CALENDAR
1.1 Regular Meeting Minutes for November 20, 2003.
C/Torres moved, VC/Grundyseconded,to approvethe minutesof November
20, 2003 regularmeeting as presented. Without objection, the motion was
so ordered with C/Lyons and C/Lui being absent.
2. INFORMATIONAL ITEMS
2.1 Youth Master Plan update—
CSD/Rose reported that Youth Master Plan meetings were scheduled for
Thursday, January 29 in room GB of the SCAQMD/Government Center
Building; Saturday, January 31 at Heritage Park Community Center; and
Friday, February 6 for a steering committee meeting. The Search Institute
Survey is planned for February.
2.2 Recreation Program Report— RS/Wright.
2.3 Diamond Bar Community Foundation Oral Report
Chair/Hull reportedthat the Foundationdonatedto the Snowfest. He worked
JANUARY 22, 2004 PAGE 4 P&R COMMISSION
one of the game booths at the event. Staff s efforts on the event were
outstanding. Had Ling -Ling Chang and Andrew Wong notshown upto work
the booth, he would have been alone all day.
2.4 C.I.P. Program Report - CSD/Rose
a. Diamond Bar Center — Completion slated for February 29. Staff is
scheduled to be in the facility on March 1 with the Grand Opening to
take place on March 20, 2004. The Center has received a large
number ofbookingsand inquiries about use ofthefacility. In spite of
the facility opening a month later than anticipated, committed
revenues for this fiscal year exceed $12,000.
b. Trail Development at Sycamore Canyon Park —progressing on
schedule
C. Summitridge Park— progressing on schedule
d. Starshine Park Improvements —progressing on schedule
e. Sycamore Canyon Park Improvements — Phase II —progressing on
schedule.
2.5 Sports Complex Task Force update— C/Torres and VC/Grundy.
C/Torres commended Mayor Zirbes on his organization structure. Group
participation is very high and meetings are very productive.
VC/Grundy reported on the most recent task force meeting. The group
concentrated on the ultimate usage in relationship to what land might be
available in or around D.B. He concurred with C/Torres that the meetings
have been veryeffectively organizedto assistthe task force in deliveringa
meaningful proposal to the City Council.
4. NEW BUSINESS - None
5. ANNOUNCEMENTS — Chair/Hull asked staff to place the March C.P.R.S.
Conference on the February 26 agenda.
VC/Grundy congratulated staff on a wonderful Christmas party. In December he told staff
JANUARY 22, 2004 PAGE 5 P&R COMMISSION
aboutthe experiencehe hadwith the surveyfor the Youth Master Plan. He complimented
staff on their quick response and corrective actions. As a result of staff sactions, he felt
the survey would be well received by the community and produce the intended results.
C/Torres remembered VC/Grundy expressing his concernsaboutthe length of the survey.
Discussion ensued. CSD/Rose said he wou Id provide survey results at the next meeting if
available.
C/Torres said he would like to get a message to the senior groups about the Saturday
night D.B.H.S. Bingo Night.
CSD/Rose said that staff would be pleased to distribute flyers to the seniors.
Chair/Hull commented that the new traffic signal in front of D.B.H.S. has created a traffic
jam. Because of his increased activity with AYSO he will no longerbe availableto serve on
the Commission after February.
ADJOURNMENT: Upon motion by VC/Grundy, seconded by C/Torresandthere beingno
further business to come before the Parks and Recreation Commission, Chairman Hull
adjourned the meeting at 8:24 p.m.
Respectfully Submitted,
Bob Rose, Secretary
Attest:
Chairman Jeff Hull
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.
CITY COUNCIL
T0;
VIA;
TITLE;
Honorable Mayor and Members of the City Council
Linda C. Lowry, City Manager
Agenda: 6.5.1
Meeting Date: March 16, 2004
AGENDA REPORT
SUPPORT AN AM ICUS BRIEF TO THE SUPREM E COURT ON THE CASE OF CITY OF BURBANK V.
REGIONAL WATER QUALITY CONTROL BOARD
RECOMMENDATION;
Support.
FINANCIAL IMPACT;
There is no financial impact to the City by supporting the CPR' sSupreme Court amicus brief on the City of Burbank v.
Regional Water Quality Control Board . The California Building Industry Association has agreed to fund the preparation and
filing of the amicus brief.
BACKGROUND;
The Coalition for Practical Regulation (CPR) put forth a request to the member cities to join in a Supreme Court amicus brief
in connection with the City of Burbank v. Regional Water Quality Control Board court case, which is demanding the
Regional Board consider economic impacts on local communities prior to imposing new NPDES permit requirements. The
CPR' srequest is based on the direct implications for storm water permits as well as future costs of operations for the
County Sanitation Districtsof Los Angeles, which the CPR cities are members of.
DISCUSSION:
The Coalition for Practical Regulation (CPR) has provided supplemental materials/information for the City of Diamond Bar to
utilize in support of their request (see attached letter of request, dated February 17, 2004) . Staff, including the City Attorney,
has considered the request and recommend the City Council join the Supreme Court amicus brief by providing the CPR with
an oral confirmation . A response deadline has been set for March 26, 2004.
PREPARED BY;
Javier Peraza , Management Analyst
REVIEWED BY;
David G. Liu
Director of Public Works
James DeStefano
Deputy City Manager
Attachment; CPR Letter of Request, dated February 17, 2004
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda: 6.6
Meeting Date: March 16. 2004
AGENDA REPORT
TITLE: APPROVAL OF EASEMENT AGREEMENT AND QUITCLAIM DEED WITH THE WALNUT VALLEY
WATER DISTRICT FOR DIAMOND BAR CENTER.
RECOMMENDATION:
Approve Easement Agreement and Quitclaim Deed and authorize the City Manager to execute the Agreement .
FINANCIAL IMPACT:
Recording of the Easement Agreement and Quitclaim Deed has no financial impact to the City.
BACKGROUND:
A water distribution system was constructed for Diamond Bar Center. As such, an Easement Agreement with the Walnut
Valley Water District and Quitclaim Deed to the City have been prepared.
DISCUSSION:
On February 17, 2004, the Walnut Valley Water D istrict' sBoard of Directors approved the Easement Agreement along with
the Quitclaim Deed. At this time, the agreement must be executed by the City and returned to the District along with the
quitclaim deed for recordation . Concurrent with the execution and recording of the agreement, the District will execute a
quitclaim deed by which it releases any and all rights it may possess in that portion of the subject easement that relates to
Diamond Bar Center. Furthermore, all future operation, maintenance, repair, and improvements in connecti on with the
easement will be solely through the District. The Public Works Division has reviewed these legal documents and has found
them to be appropriate for acceptance .
PREPARED BY:
Javier Peraza , Management Analyst
REVIEWED BY:
David G. Liu James DeStefano
Director of Public Works Deputy City Manager
Attachment: District Letter, dated February 17, 2004
Easement Agreement
Quitclaim Deed
Agenda # 6.7
Meeting Date: March 16. M04
CITY COUNCIL' AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Adoption of Resolution In Support of Development of A Natural Hazard Mitigation
Plan In Accordance With the Federal Disaster Mitigation Act of 2000 (Public Law
106-390)
RECOMMENDATION
Approve
FISCAL IMPACT:
There is no fiscal impact related to adoption of the Resolution.
BACKGROUND / DISCUSSION:
The above referenced federal legislation (Disaster Mitigation Act of 2000) requires that all local
agencies must have a local natural disaster mitigation plan in place to be eligiblefor both pre and
post disasterfederal funding. The Federal government is no longerwilling to pay for repetitive
disaster damage or damage that can be easily averted by pre -event actions. The local mitigation
plan process places emphasis on reducing risk and ensuing effects from natural hazards through pre -
event risk identification, assessment and mitigation. This process shifts much of the emphasis from
the typical Public Safety oriented disaster response approach to a Community Development
(Planning, Building, Public Works, Engineering, etc.) oriented disaster mitigation approach.
The local mitigation plan is the representation of the local jurisdiction' s;ommitment to reduce risks
from natural hazards and serves as a guide for decision makers as they commit resources toward
reducing the effects of natural hazards. The City must complete this comprehensive mitigation plan
by November 1, 2004 pursuantto the Federal Emergency Ma nag ementAgency' S(FEMA) guidelines
in order to be eligible to receive project grants and reimbursement for declared local emergencies and
disasters such as earthquakes, landslides,floods, wildfires and windstorms.
At the meeting of February 17, 2004 the City Council approved Contract with John R. Bingham to
serve as Consultant/ Project Managerto facilitate completion of the Mitigation Plan. Mr. Bingham
along with City staff, contract agencies and Brenda Hunemiller, Area D Coordinator, Office of Disaster
Managementare proceeding diligently to complete the Plan. Completion and implementation of the
Mitigation Plan will resultin several months of intensework for staff and community participants in
order to meet the FEMA deadline. A brief outline of the Disaster Mitigation Plan requirements and
process is attached for Council information.
Failure to implement a plan could have a devastating impact on a jurisdiction/agency in the event of a
natural disaster. As an example: since the 1994 Northridge earthquake,the City of Santa Monica
has received roughly$100 million dollars in Federal disaster assistance and all claims have not been
settled. This type of federal assistance would not be made availableif the effected agencyfailed to
comply with the provisions of the DMA 2000. If an agencyhas not submitted a plan by the November
deadline,it would have to wait to submit until November 2005 and would not be eligiblefor FEMA
funding for any event occurring between the filing periods.
Adoption of the attached Resolution will serve to document the City' scommitment to develop and
adopt a Natural Hazard Mitigation Plan.
Prepared by:
James De Stefano
Deputy City Manager
Attachments
RESOLUTION No. 2004 -XX
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR IN SUPPORT
OF DEVELOPMENT OF A NATURAL HAZARD
MITIGATION PLAN INACCORDANCE WITH
THE FEDERAL DISASTER MITIGATION ACT
OF 2000 (PUBLIC LAW 106-390)
WHEREAS, In 2003, Southern California experienced the most costly fire in the State's history,
burning over 3,500 homes and over 750,000 acres of wildland, resulting in damage from which it will take
communities years to recover; and
WHEREAS, In December of 2003, a 6.5 magnitude earthquake devastated the City of Paso Robles in
the Central Coast region, and had this event occurred in an urbanized area of Los Angles County it would have
resulted in significant loss of life and billions of dollars of damage; and
WHEREAS, More often disaster resiliency, the ability to recover quickly from an extreme natural event
(such as an earthquake, flood or winds) without permanent, intolerable damage or disruption of natural,
economic, social or structural systems and without mass ive amounts of outside assistance, is being included as
another component of community sustainability; and
WHEREAS, Sustainability emphasizes planning as a primary approach to involve local citizens, obtain
broad input, and develop real goals and action plans on how to mitigate against damage caused by the natural
hazards facing every California community, and
WHEREAS, There are actions that can be undertaken to address hazards, no matter how large or small,
that can support disaster resiliency and sust ainability in our community.
NOW THEREFORE BE IT RESOLVED AND ORDERED by the City Council of the City of
Diamond Bar, as follows:
Section 1. That the City Council of the City of Diamond Bar does hereby authorize and support the
development of a Natural Hazard Mitigation Plan, establishing goals and objectives to ensure the health, safety
and welfare of its citizens, even in the event of a natural disaster.
Section 2. That the Natural Hazard Mitigation Plan shall be a collection of analyses, policies and
actions on how the community with grow and change in the future and will serve as a blueprint for how it can
achieve sustainability and disaster resiliency. The plan will be the result of a process involving city departments,
local agencies, business people, landowners, developers and citizens and will reflect local values and concerns.
Section 3. That the Natural Hazard Mitigation Plan shall meet the program criteria of the Disaster
Mitigation Act of 2000 in order that the City of Diamond Bar will be eligible for future pre -disaster and post -
disaster mitigation program funds to ensure the health, safety and welfare of its citizens.
Section 4. The City Clerk shall certify to the passage and adoption of the resolution and the same
shall thereupon take effect and is in force.
APPROVE, PASSED AND ADOPTED this 16'h day of March, 2004.
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
I, LYNDA BURGESS, City Clerk, Diamond Bar, California, CERTIFY that this resolution was adopted
by the City Council at the regular meeting of the City Council held on March 16, 2004, and was adopted by the
following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
City Clerk
Agenda: 6.5.2
Meeting Date: March 16, 2004
CITY COUNCIL AGENDA REPORT
�'ttPUR�
1989
TO: Honorable Mayor and Members ofthe City Council
VIA: Linda C. Lowry, City Manager
TITLE: APPROVING THE PAYMENT OF ADDITIONAL FUNDS FOR THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NPDES) PERMIT LITIGATION
RECOMMENDATION:
Approve request .
FINANCIAL IMPACT:
The request for $3,600 will befunded bythe City' s Environmental Services budget
allocation for FY 200 3-200 4.
3_IIir1`1I:%111 Z 103
The City is curren tly implementing the third five-year NPDES Permit. The permit
covers Los Angeles County as the Principal Permittee and 83 of the incorporated cities
as individual Permittees. Prior storm water permits focused on the City implementing
cost-effective Best Management Practices (BMPs), such as street sweeping, automated
lidded trash containers for residents, catch basin cleaning, public education, waste/oil
recycling programs, construction site run-off mitigation measures, and assurance that
the private sector install certain pre- and post -construction structural treatment control
measures.
The latest storm water permit increases requirements by stipulating that storm water
run-off not violate water quality objectives or standards contained in the Water Quality
Control Basin Plan for the Los Angeles Region. This storm water permit could be
interpreted to require that storm water meet drinking water standards in many locations
with significant potential costs to the City. As a result, on January 7, 200 3, the City
joined with the CPR cities to challenge the permit (Resolution No. 2003-01).
DISCUSSION:
The initial request fo rfunds came in February 2003 and the requested amount of
$3,000 was paid. The major legal expenses began in May of2003, with the
preparation ofthe briefs. The cities were ordered by Judge Chaney to enter into
arbitration, which resulted in additional unbudgeted expenses, including payments to
retired Judge Olsen, who served as arbitrator. The arbitration failed as the
environmental community proposed additional permit compliance requirements for the
cities.
The CPR has requested a second deposit of $3,600 per city to complete the permit
litigation (see attached letter of request dated February 20, 2004). The trial date is
expected to be set late this summer.
PREPARED BY:
Sharon Gomez, Senior Management Analyst
REVIEWED BY:
David G. Liu James DeStefano
Director of Public Works Deputy City Manager
Attachments: Resolution No. 2003 -01
CPR Letter of Req uest, dated February 20, 2004
Agenda # 8.1
Meeting Date: March 16, 2004
CITY COUNCIL O % AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Council Member Request to Add One Concert to the Summer Community Concert
Scheduleand Appropriate $1,500 to Fund the Concert
RECOMMENDATION:
None
FISCAL IMPACT:
If the cost to add a concert to the schedule of Summer concerts is similar to the cost calculated last
year (when the Foundation donated funds for the same purpose), the additional cost needed to be
appropriated into the General Fund would be approximately $1,500.
BACKGROUND /DISCUSSION :
In keeping with the event schedule adopted by the City Council in the budgetprocess for 2002/2003,
the current budget includesfunds for seven community concerts (including the 4th of July). Council
Member O'Connor has requested that the Council consider adding a concert back to the series
preferablyatthe beginning.