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TASK
1
CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
May 4, 2004
Next Resolution No. 2004-15
STUDY SESSION: 4:00 p.m., Room CC -8
BUSINESS LICENSE
COUNCIL STANDARDS OF OPERATION/CODE OF ETHICS
REVIEW OF FINAL DRAFT FROM THE SPORTS COMPLEX
FORCE
REVIEW OF PROPOSED POLICIES FOR USE OF THE D.B.
CENTER
Public Comments
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
INVOCATION: Darin Esplin, Church of Jesus Christ of
Latter Day Saints
ROLL CALL: Council Members Chang, Huff, O'Connor,
Mayor Pro Tem Herrera, Mayor Zirbes
APPROVAL OF AGENDA: Mayor
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Introduction of Miss Diamond Bar 2003 and her Court and Miss Diamond
Bar 2004 and her Court.
1.2 Certificates of Recognition to members of the 15th City Birthday
Committee.
1.3 Proclaiming May as "Fire Service Month."
MAY 4, 2004 PAGE 2
1.4 Proclaiming May as "Water Awareness Month."
BUSINESS OF THE MONTH:
1.5 Presentation of City Tile to Market World as Business of the Month, May
2004 and display of Business of the Month video.
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 limi 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 LIBRARY TASK FORCE MEETING — May 10, 2004 — 6:30 p.m., CC -8,
Government Center, 21825 Copley Dr.
5.2 PLANNING COMMISSION MEETING — May 11, 2004 — 7:00 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Drive.
5.3 TRAFFIC AND TRANSPORTATION COMMISSION MEETING — May 13,
2004 — 7:00 p.m., Government Center/AQMD Hearing Board Room,
21865 Copley Dr.
5.4 YOUTH MASTER PLAN STEERING COMMITTEE MEETING —
May 14, 2004 — 11:00 a.m., Diamond Bar Center, 1600 Grand Avenue.
5.5 LIBRARY TASK FORCE MEETING — May 17, 2004 — 6:30 p.m., CC -8,
Government Center, 21825 Copley Dr.
5.6 CITY COUNCIL MEETING — May 18, 2004 — 6:30 p.m., Government
Center/AQMD Auditorium, 21865 Copley Dr.
6. CONSENT CALENDAR:
6.1 PLANNING COMMISSION MINUTES — Regular Meeting of March 23,
MAY 4, 2004 PAGE 3
2004- Receive and file.
6.2 WARRANTS - Approve Warrant Registers dated April 22, 2004 and April
29, 2004 in an amount totaling $465,999.00.
6.3 TREASURER'S STATEMENT - month of March, 2004.
Recommended Action: Review and approve.
6.4 ADOPT RESOLUTION NO. 2004 -XX: APPROVING ELECTRICAL
FACILITY COST SHARING AGREMENT WITH THE STATE OF
CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS)
FOR TRAFFIC SIGNALS.
Recommended Action: Adopt.
Requested by: Public Works Division
6.5 (a) ADOPT RESOLUTION NO. 2004 -XX: GRANTING CONSENT AND
JURISDICTION TO THE COUNTY OF LOS ANGELES IN THE MATTER
OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006 AND
COUNTY LIGHTING DISTRICT LLA -1, DIAMOND BAR ZONE, CITY OF
DIAMOND BAR, PETITION 135-126 (DIAMOND BAR GOLF COURSE
AND SYCAMORE CANYON PARK.
Recommended Action: Adopt.
(b) ADOPT RESOLUTION NO. 2004 -XX: JOINT RESOLUTION OF THE
BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES AND
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR; THE BOARD OF
DIRECTORS OF THE COUNTY SANITATION DISTRICT NO. 21 OF LOS
ANGELES COUNTY (COUNTY SANITATION DISTRICT NO. 21); AND
THE BOARD OF DIRECTORS OF THE GREATER LOS ANGELES
COUNTY VECTOR CONTROL DISTRICT; THE BOARD OF DIRECTORS
OF THE THREE VALLEYS MUNICIPAL WATER DISTRICT -ORIGINAL
AREA;THE
BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER DISTRICT;
THE BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER
DISTRICT IMPROVEMENT NO. 3 AND THE BOARD OF DIRECTORS
OF THE
WALNUT VALLEY WATER DISTRICT IMPROVEMENT DISTRICT NO. 4
APPROVING AND ACCEPING THE NEGOTIATED EXCHANGE OF
PROPERTY TAX REVENUE RESULTING FROM ANNEXATION OF
PETITION 135-126 TO COUNTY LIGHTING MAINTANCE DISTRICT
10006.
Recommended Action: Adopt.
MAY 4, 2004 PAGE 4
Requested by: Public Works Division
6.6 APPROVE NOTICE OF COMPLETION FOR DIAMOND BAR CENTER
(KPRS CONSTRUCTION SERVICES, INC.).
Recommended Action: Approve.
Requested by: City Manager
6.7 AUTHORIZE CITY MANAGER TO APPROVE CONTRACT EXTENSION
WITH THE NAKOMA GROUP IN THE AMOUNT OF $10,000 FOR A
TOTAL CONTRACT AMOUNT NOT -TO -EXCEED $55,000.
Recommended Action: Authorize.
Requested by: City Manager
6.8 ADOPT RESOLUTION NO. 2004 -XX: SUPPORTING AB 712 (LIU):
METRO FOOTHILLS GOLD LINE CONSTRUCTION AUTHORITY;
AMENDING THE PASADENA METRO BLUE LINE CONSTRUCTION
AUTHORITY.
Recommended Action: Adopt.
Requested by: Legislative Sub -Committee
6.9 APPROVAL OF CONTRACT AMENDMENT NO. 3 WITH TRUGREEN
LANDCARE TO INCREASE THE CONTRACT AMOUNT FOR THE CITY-
WIDE LANDSCAPE MAINTENANCE CONTRACT BY $48,450 FOR A
TOTAL 2003/04 FISCAL YEAR AUTHORIZATION OF $400,568.59 AND
APPROPRIATION OF $20,000 FROM LLAD#38 RESERVES FOR
DISTRICT #38 IMPROVEMENTS TO BE COMPLETED BY TRUGREEN
LANDCARE.
Recommended Action: Approve.
Requested by: Community Services Division
7. PUBLIC HEARINGS: None
8. COUNCIL CONSIDERATION:
8.1 2003 PUBLIC SAFETY REVIEW — VIDEO PRESENTATION.
Requested by: City Manager
9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
MAY 4, 2004 PAGE 5
10. ADJOURNMENT:
Agenda: Study Session #i
Meeting Date: May 4. 2004
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: CITY COUNCIL STUDY SESSION REGARDING AN "IN-HOUSE"
BUSINESS LICENSE PROCESS
RECOMMENDATION: Receive a presentation from staff and the recommendation to
enact a business registration program, discuss the report, and direct staff as
appropriate.
BACKGROUND: Upon incorporation in 1989, the City adopted the Los Angeles
County Code and entered into a General Services Agreement with the County to
provide the City, its residences and business community with various municipal
services. Among other services, the City contracted with Los Angeles County to
administer the City's business license function. As the City has matured and conditions
have warranted, the City has reduced the level of contracted support provided by the
County and opted to bring specific services "In -House".
The City Council has expressed an interest in evaluating the possibility of transferring
the business licensing function from Los Angeles County to "In House". As a result, City
Council has conducted Study Sessions on Januar y 3, 2003, February 4, 2003, February
18, 2003 and December 16, 2003.
DISCUSSION:
Current Business License Program
In a recent update, the County has estab lished a limited list of approximately 150 uses
requiring a County business license. This list includes uses that would not be found in
Diamond Bar (i.e. explosives, water taxis, boarding houses, hog ranch, poultry dealer,
etc.).
Processing fees established by the County have increased. Previously, fees ranged
from approximately $46.00 to $2, 193.00 per business for the initial approval. Fees now
range from approximately $60.00 to $2,268.00 for the initial approval. An annual
renewal fee which is less than the initial application fee is required and varies depending
upon the type of use. The City does not receive any revenue from the program.
Our business customers are required to appl y in person to the Los Angeles County
Business License Office located in downtow n Los Angeles. Processing time depends
upon the number of County agencies that must review the application. During this
processing time, the City confirms the appropriate zoning designation for the use. No
average processing time for County review has been established. The City has no
control over the County process or time frame for issuing a business license. No "over-
the-counter" processing of the County business license application is available. Annual
renewals may only beprocessed by mail. Bu siness License enforcement is provided by
the County.
In 2001, the County issued 243 business licenses for Diamond Bar. In 2002, the
County issued 196 licenses to local businesses. In 2003, the County issued to
approximately 216 licenses to local businesses. Fees collected by the County in 2001
were $28,356.00. Fees collected in 2002 and 2003 are not available. Business license
activities and fees will vary from year-to-year.
According to a survey published in January 2003 by Claritas, Inc., there are
approximately 1,750 businesses in the City. The Diamond Bar Chamber of Commerce
has previously estimated with both that there are approximately 1,100 businesses in the
City.
Types of Business License Programs
Business Registration
The purpose ofbusiness registration isto document the business activity to ensure that
a business establishment is operating within the correct zoning district and in
accordance with the applicable Municipal Codes . Business registration may be used in
conjunction with the issuance of Certificates of Occupancy and help ensure that all
contractors doing business in the City are State licensed.
The business registration process helps the City to better understand the types of
businesses within the community. The information obtained from business registrations
are used to track business types in the City, aid in the proper receipt of sales taxes from
the State, provide useful information for economic development programs, and assist
public safety agencies.
Cities utilizing a business registration process usually require all individuals,
partnerships, and corporations conducting or operating a business within the City to
register and pay an annual fee to the local City. The creation of a business registration
program and certificate fee does not require voter approval.
Regulatory License Fee
The purpose of a regulatory license is to add additional controls to the proposed
business use and/or business operator. The business types within this category may
have characteristics that create special land use or law enforcement impacts (i.e., noise,
traffic, criminal behavior, operational hours, or other characteristics), which require
further investigation and operational conditions. These businesses generally
necessitate further scrutiny by the Building and Safety Division, Fire Department, Health
Department, Planning Division and/Sheriffs Department. Field inspections may be
required as well as criminal background investigations.
As a result, a regulatory license program necessitates fees that are higher than those
established for business registration. Fees required for a regulatory business license
reimburses the City for the cost to investigate the proposed business and to operate the
City program. Fees associated with a regulatory license program do not require voter
approval.
Business License Tax
A business license (tax) is imposed upon a business for the privilege of conducting
business within the City. This type of revenue generating program is most often based
upon gross receipts or levied at a flat rate. At times, it is based upon the quantity of
goods produced, or the number of vehicles, or number of employees in the business or
some other combination of factors. Cities may levy this type of business license tax for
either regulatory or revenue raising purposes.
A business license fee is considered a tax pursuant to Proposition 218. A tax requires
voter approval. Proposition 218, the "Right to Vote on Taxes Act' was approved by the
voters on November 5, 1996 and became effective July 1, 1997. The public is required
to be consulted or participate in decisions regarding the enactment of a wide variety of
fees and taxes. Enactment of the business license tax requires approval by vote of a
majority of the electorate.
Process Utilized by Other Local Cities
Eighteen cities were surveyed. A summary of the survey information is presented within
the Business License Comparison Matrix attached to this report. Of the cities surveyed,
three cities do not have an "In -House" business license program. Five cities surveyed
based business license fees upon business gross receipts. One city established a "flat
fee" business license program. Two cities base business license fees upon a
combination of flat fees and the number of employees. Four cities utilize a combination
of flat fees in gross receipts. Two cities utilize a business registration fee process
because it is considered more "business friendly" or because do not have staff to
implement a business license process. Onecity utilizes a use permit application.
Implementation of a Business License or Business Registration Program "In -
House"
Uses That Could Require a Regulatory License
Most uses listed within Development Code Article II, Chapters 22.08 and 22.10, Tables
2-3, 2-5, 2-6 and 2-8 that require a discretionary review (i.e., Conditional Use
Permit/Minor Conditional Use Permit) could be a candidate for a regulatory license in
order to conduct business in Diamond Bar. The following is a list of uses that presently
require a discretionary review. A regulator y license could be processed in conjunction
with the CUP or MCUP review.
Mobile home parks
Studios —art, dance, music, photography
Health/fitness facilities 4
Transit stations and terminals, and
vehicle/freight terminals
Bars and nightclubs
Computer services/ network gaming center 4
Religious places of worship
Private recreational facilities
Outdoor recreation
Child day care, large family day care homes
Theaters, auditoriums, meeting halls
Car wash
Medical services — hospitals
3
Personal services — acupressure,
massage therapy, tattoo parlors
Chemical product manufacturing
Psychic readers
♦ Indoor amusement/entert ainment facilities
and entertainment in general
Alcoholic beverage sales on-site
consumption
Heliports
♦ Laundry and dry cleaning plants
Parking and vehicle storage facilities
♦ Manufacturing uses that require a CUP
Alcoholic beverage sales off-site consumption
in conjunction with sale of motor fuel
Certain uses do not require a discretionary review. However, a regulatory license may
be required to ensure compliance with the Municipal Code orto attach required
operational standards. These uses are as follows:
Adult oriented businesses # Gun dealers
Some uses require a discretionary review depending on the zoning district. However, a
regulatory license may not be needed and the business registration process may be
more suitable. These uses are as follows:
♦ Schools —public or private ♦ Veterinary clinics and animal hospitals
♦ Cultural facilities, libraries, museums ♦ Vehicle services — major repair/body work
Telecommunicati on facilities
Uses That Could Require Business Registration
Uses listed within Development Code Article II, Chapters 22.08 and 22.10, Tables2-3,
2-5, 2-6 and 2-8 that do not require a discretionary review or uses that would not require
a regulatory license could require business registration. This category also includes
uses currently not listed in the Code (i.e., solicitors, contractors, etc.). The following is a
list of uses that could require business registration:
All retail and wholesale sales including + Solicitors —company or individual
vehicle sales
♦ Contractors doing business in the City ♦ Office — medical, financial, business, professional
Home occupation
Residential care homes, 6 or fewer clients
Seasonal sales — craft fairs, carnival,
pumpkin lots, Christmas tree lots, etc.
Restaurants
Community/cultu ral centers
♦ Service stations
Storage facilities indoor/outdoor
Printing/publis hing
Recycling vending machines/small
and real estate
Multi -family rentals —apartments
Child day care, small family day care homes
♦ Hotels, motels, bed and breakfast inns
All manufacturing uses that do not require a CUP
Distribution centers
Vehicle services —maintenance/mi nor repair
Schools —Specialized education and training
♦ Personal services (tanning, hair & nail salons,
tailoring, shoe repair, etc.)
Fees for Business Regulatory and/or Registration License
In cities surveyed, the Finance Division and City Planning Division administer the
business license or business registration program. Processing fees are typically based
upon the philosophy of full cost recovery. Fees would be based on the amount of time
needed to review the application for the specific use.
4
Example of an extensive review
Entertainment uses would typically involve a Conditional Use Permit reviewed by the
Planning Commission in addition to review by the Building and Safety Division, Fire,
Sheriffs and Health Departments.
Example of less extensive review
Fast food restaurant uses, with a drive-through, would involve a Conditional Use Permit
review by the Planning Commission. Other agencies involved in the review may include
the Building and Safety Division and Health and Fire Departments,
Example of a minimal review
Acommercial use permitted "by right" ora home occupation use would involve a Zoning
Clearance approval bythe Planning Division atthe public counter.
Fee for Regulatory License
Regulatory license fee will be based on the amount of investigation time/background
check. The Planning Division and/or Neighborhood Improvement Division will likely
conduct the City investigation through a discretionary review process. However,
investigations may be required by other agencies (i.e. Sheriff, Fire, Health, Building and
Safety, etc.). According to Los Angeles County Sheriffs Department/Busin ess License
Investigation, the charges to the City for investigating a business license application will
varying depending upon the amount of time required to conduct the actual investigation.
According to a correspondence dated March 8, 2004 sent to the City from County of Los
Angeles Sheriffs Department Headquarters, the current rate for license investigation is
$58.26 per hour and mileage costs have already been factored into the hourly rate.
Investigation time line (best case scenario) is 30 days according to Los Angeles County
Sheriffs Department License Investigation Service.
The City Building and Safety Division will base investigation charges on 15 minutes of
field and file review. When a Neighbor hood Improvement Officer is required to
investigate, it could be reasonably approxim ated that a minimum of 15 minutes will be
utilized. The City Finance Division will administer the regulatory and registration
process and issue the certificate (license). The City Planning Division will review the
application for compliance with the City's Development Code. The estimated time for
both the Planning Division and Finance Division is 30 minutes each.
Initial fee
a. Fee could vary due to cost recovery.
b. Examples:
Non-discretionar y use
Land Use Health Ping. Fire Sheriff Bldg.& Safety Neigh. Improvemt. Finance
Officer (NIO)
Adult oriented X X X X X X X
business
Planning
$42.50 ( 30 minutes estimated time)
Fire
$0 (According to Fire Dept. Capt. Foster, this service is in the both City's
contract.)
Sheriff
$58.26 + (Minimum charge per hour; applicant will pay for finger printing
at the station.)
Bldg. & Safety
$11.25 (15 minutes with estimated time)
NIO
$21.25 (15 minutes estimated time)
Health
$0 (Applicant will pay fee to Environmental Health/ Industrial
Waste directly)
Finance
$42.50 (30 minutes estimated time)
Total
$ 175.76 (estimated cost)
Discretionary use
Planning
$ (costs to process included in MCUP or CUP)
Fire
$0 (According to Fire Dept. Capt. Foster, this service is in the City's
contract.)
Sheriff
$58.26 (Minimum charge per hour; applicant will pay for finger printing at
the station.)
Bldg. & Safety
$11.25 (15 minutes with estimated time.)
NIO
$21.25 (15 minutes estimated time)
Health
$0 (Applicant will pay fee to Environmental Health/Industria I Waste
directly)
Finance
$42.50 (30 minutes estimated time)
Total
$133.26 + (Fee for processing the MCUP or CUP)
Ren ewa I fee
Renewal fee for regulatory license will be less than the initial fee if all circumstances
remain the same. Annual renewal will require Planning Division review similar to a
Zoning Clearance at $30.00 to ensure all circumstances remain the same.
Neighborhood Improvement Officer may be consulted to confirm compliance with
conditions of approval or whether or not code violations have occurred. Estimated time
is approximately 30 minutes. Finance Division will issue renewal notices and process a
renewal certificate. Estimated time is 15 minutes ($21.25). The estimated cost for an
annual renewal certificate is approximately $50.00.
Fee for Business Registration
Initial fee Estimated at$30.00
A Planning and Finance Divisions' fee of $30.00 will be required to process a minimal
investigation for approximately 20 minutes.
Renewal fee Estimated at$10.00
This process may utilize less staff time. Finance Division will issue the renewal notice
and process the renewal certificate. Some cities require home occupation renewals
every three to five years with cost same as the original fee. Other cities require yearly
renewal on home occupation with same cost as original fee. Range for renewal fees on
home occupations vary from city to city from $20.00 to $92.00 a year.
Penalties/Enforc ement
The City Municipal Code currently indicates any person violating any business license
provision is guilty of a misdemeanor which is punishable by fine, or imprisonment in the
County jail for a period not exceeding six months, or both.
Los Angeles County Business License Commission is currently authorized to revoke or
suspend a license ata public hearing. For the City of Diamond Bar, City, staff, Planning
Commission, or City Council could be utilized to revoke or suspend a license. In other
cities, the City Council is typically the hearing body for revocation or suspension of a
license at a public hearing. A 10 percent (of the amount of license) penalty is usually
added for failure to pay the license fee on the required date and for each 30 days after
onto all fees are paid in full. All remedies prescribed are cumulative.
Approximate Time Necessary to Process an Application
Applications that would be regulatory and require discretionary review (CUP/CUP, etc.)
and review of other agencies could have an estimated time of 90 days or more
depending on the application's complexity. Applications that would be regulatory and do
not required a discretionary review but require the review of other agencies could have
an estimated time of 30 days. Applications that require only registration would be less
complicated and may not require the review of other agencies could have an estimated
time of one to five days.
Discussion with Chamber Of Commerce
Staff recently met with Jeff Koontz, Executive Director of the Chamber to discuss their
proposal. At that meeting, the Chamber expressed an interest in providing the business
registration process and renewal for the City. According to the Chamber, the business
registration fee would be $35.00 and renewal fee would be $10.00. The City would
have access to the Chamber's database. Currently, the Chamber has the same
database as the Sheriffs Department. Additionally, the Chamber believes that providing
this process would allow consumers who call with complaints easier contact with the
business owner. Itwould also allowfor easier notification to the business owner in case
of emergency.
Recommended Action For Study Session Discussion
Continue the General Services Agreement with Los Angeles County for the issuance of
business licenses and supplement this process with an "In -House" business registration
program.
Revenue Estimation
Without knowing the exact number of businesses in Diamond Bar or which businesses
would be required to obtain business registration, it is difficult to estimate the annual
revenue. Assuming a program for business registration, we estimate annual revenue
from an "In -House" business program to be approximately $30,000.00 for the first year.
This revenue amount is based on an estimated 1,000 businesses.
It is expected that the first year receipt of approximately $30,000.00 will be used to
offset the cost of installing and maintaining a new computer software program and staff
time for general administration of the program. The revenue estimates for year two and
beyond is approximately $10,000.00.
Options For City Council Discussion
No change. Continue the General Services Agreement with Los Angeles County
for the issuance of business license only.
2. Continue the General Services Agreement with Los Angeles County for the
issuance of business licenses and supplement this process with an "In -House"
business registration program. (Recommended Action)
3. Discontinue the General Services Agreement with Los Angeles County and issue
business licenses "In -House". A Proposition 218 election is necessary as the
public is required to be consulted, or participate in decisions regarding the
enactment of such a program.
4. Discontinue the General Services Agreement with Los Angeles County and
implement business registration only, an "In -House" flat fee program, based on
the cost/extent of review and investigation required in addition to the Minor
Conditional Use Permit/Condition al Use Permit process where necessary.
5. Discontinue the General Services Agreement with Los Angeles County and issue
regulatory license "In -House" with a flat fee based on the cost of the process.
6. Discontinue the General Services Agreement with Los Angeles County and issue
a combination of regulatory license and business registration program to be
administered "In -House" with fees based on cost of the process. (Proposition
218 election not required.)
7. Continue General Services Agreement with the County and have business
registration process administered bythe Chamber Of Commerce.
CONCLUSION:
In light of the above mentioned information and Council study session discussions, it
appears that continuing the General Services Agreement with Los Angeles County for
the issuance of business licenses and supplementing this process with an "In -House"
8
business registration program may be viable option for Diamond Bar. The reasons for
bringing some sort of business license program "In -House" is to better understand the
types of businesses within the community. The information obtained from a business
registration program can be used to track business types in the City, ensure appropriate
zoning district for a particular use, aid in the proper receipt of sales taxes from the State,
provide useful information for economic development programs, and assist public safety
agencies. Cost to the applicant would be relatively inexpensive if the Zoning Clearance
process is utilized. Additionally, the Zoning Clearance process is fast and simple and
can be easily incorporated into the existing responsibilities of staff.
PREPARED BY: REVIEWED BY:
Ann J. Lungu, James DeStefano
Associate Planner Deputy City Manager
Attachments:
Business License Matrix; and
Business License Computer Software Information.
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # _Studv Session #3
Meeting Date: _5/4/04
AGENDA REPORT
TITLE: STUDY SESSION -- REVIEW OF FINAL DRAFT REPORT FROM THE SPORTS
COMPLEX TASK FORCE
RECOMMENDATION: Review
FINANCIAL IMPACT: None (For the review of the final draft report.)
BACKGROUND: On September 16, 2003 the City Counc it established a Sports Complex Task
Force to study the athletic facility needs ofthecommunity. The Sports Complex Task Force is
comprised of 29 individuals representing a variety of athletic facility users in the Diamond Bar
community, including City, school districts and non-profit sports organizations . The Task Force had
seven meetings and discussed the facilities needed to meet the practice and game need s of the
major sports organizations operating in Diamond Bar. The Task Force developed 1 ) a conceptual 75
acre facilitythat will meet all needs identified for the foreseeab lefuture, and 2) a short term
improvement plans that would meet many of the more pressing needs in a shorter time frame at less
cost. The Task Force reviewed the final report at their March 18, 2004 meeting and recommends its
acceptance by the City Council. The draft final report was received and filed by the City Counc it at the
April 20 regular Council meeting.
DISCUSSION: The Final Report of the Sports Complex TaskForce documents the needs of the
Diamond Bar Sports Organizations and recommends both Long -Term and Short -Term projects to
meet the organizations ' needs. The long-term project is a 75 acre sports complex, either constructed
on a single site or multi ple sites (sites not determined, but potential locations listed in report). The 75
acre sports complex, as proposed, includes the following amenities : 25,000 sfgymnasium, 14
soccer fields, aquatics facility with dive poo I, 50 meter competitive pool, and family play pool; six
softball/youth baseball fields, two adult baseball fields, one football field, 15 outdoor tennis courts, 10
outdoor basketball courts, restrooms, storage rooms, concession stands and parking lots for 1,100
cars. Total cost to construct th is 75 acre sports complex is approximately $40 million, not including
land acquisition orgrading costs.
The short-term projects consider working with the two school districts in the City to improve existing
school facilities that would result in expanded use by the Diamond Bar sports organizations.
Improvements such as lighting, improved turf areas including consid eration of artificial turf and
improved facility maintenance are recommended forthe proposed school sites. School sites
recommended for projects are: Lorbeer Middle School, Diamond Ranch High School, Diamond Bar
High School, Chaparral Middle School, and Southpo inte Middle School. Improvements are also
recommended at the Little League/YMCA site and at Paul C. Grow Park. Total cost for short-term
improvements is approximately $18.3 million. There would be no need for land acquisition or major
grading costs.
After the City Council has the opportunity to review the final report, staff plans to return to the Council
at a future meeting where the report can be considered for adoption. At that time, staff will also
present the City Council with recommendations for funding and implementation.
REVIEWED BY:
Bob Rose James DeStefano
Director of Community Services Deputy City Manager
Attachment: Final Draft Report ofthe Sports Complex Task Force
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # Study Session #4
Meeting Date; 05/04/04
AGENDA REPORT
TITLE: STUDY SESSION -- REVIEW OF PROPOSED POLICIES FOR USE OF THE DIAMOND BAR CENTER
Recommendation: Review proposed policies, provide feedback and direct staff to agendize fora future Regular City
Council meeting for consideration of approval.
Financial Impact: None
Background: At the City Council meeting on April 6, the City Council directed staff to continue researching five issues
related to use of the Diamond Bar Center;
1. Use of Incense.
2. Use of Animals such as Horses and Elephants.
3. Diamond Bar -based non-profit Senior Groups Discount for weekend use (When banquet room is not already
reserved 21 days prior to date)
4. Use of outdoor grounds for wedding ceremonies.
5. Capacity of Grand View Ball Room
At the City Council Study Session on April 20, Hindu priest Dr. Shukavok Das of the Shri Lakshmi Narayan Mandir in
Riverside presented information on the fire and incense used at Hindu cultural ceremonies. At the conclusion of the
presentation, the City Council directed staff to re -schedule this item at the next Study Session for further discussion and
review.
Discussion:
1. Use of Incense
The City has a large number of residents who practice religions that use incense in their most sacred ceremonies. Several
people who have reserved use of the Diamond Bar Center have inquired about the use of incense in the Center. So far,
staff has denied these requests because of the uncertainty of the lingering effect incense will have on the Center and
potential fire code issues related to the "oven" used to bum the incense. Hindu is one of the religions that makes use of
incense in its sacred ceremonies. As explained by Dr. Das at the April 20 Study Session, the fire is a health and safety
concern.
Based on input from the operators of similar City facilities, staff recommends that burning incense not be allowed in the
Diamond Bar Center, for the following reasons:
1. Smoke from the incense will, over time, permeate the fabric in the facility, leaving an odor similar to stale
cigarette smoke. (Fabric includes carpet, chairs, sound panels, and room dividers.) The operators of five area
hotels have expressed similar concerns to staff. However, staff has located three hotels and one public facility
that do allow incense in their banquet facilities: the Westin Hotel in Costa Mesa, the LAX Hilton in Los Angele s,
the Hyatt Regency in Long Beach and the Performing Arts Center in Cerritos. Note — The policy for Cerritos
states: 'The use of any flammable device or substance (i.e. candles) is strictly prohibited without specific, prior
approval from Cerritos Performing Arts Center Managem ent. All material used/burned for the event must be
viewed and approved by the Fire Marshall. The approval is made on a case by case basis"
2. Currently, tea lights and sterno heaters are the only approved open Flames allowed in the facility. Allowing
incense and the fire that traditiona Ily accompanies the incense may increase the number of requests for
different types of open flame uses. Staff needs to have clearly defined limits (or no limits at all, as long as a fire
department permit is obtained) in order to prevent claims of discriminatio n.
2. Use of Animals such as Horses and Elephants
Since this was discussed on April 6, staff has received an opini on from the building's architect that concrete sealers will
wear off within a year and will need to be reapplied, especially due to car traffic. Therefore, staff believes that if the City
Council wants to allow use of these animals at the Center, they be limited to the asphal t areas of the access road and
parking lot, but not to allow them on any of the colored concrete areas. Staff also recommends that a $1,000 deposit be
required and a $100 fee be charged for staff to monitor the handling of animals while on-si to and to verify that the animals
do not stray from their authorized use areas. Deposit will be used for special cleaning, if necessary, or as a fine if the
animals stray into an unauthorized area.
Staff has already received requests from potential users of the facility seeking permission to bring animals on-site. Diamond
Bar Municipal Code section 12.00.260 specifically prohibits animals in parks (except leashed dogs and cats, and horses on
equestrian trails) unless permitted by the Director. The types of uses being requested include horse drawn carriages, riders
on horses and riders on elephants. In fact, one user has already contacted an elephant rental company, Have Trunks Will
Travel, and this company has applied for a Temporary Use Permit from the Planning Departm ent (application status
pending). The primary issues with animals are public safety and the associated animal waste. Although a trained handler
with liability insurance would be required to maintain control of the animal at all times, animals can be unpredictable if
inadvertently spooked and that could result in a dangerous situation. If animals are allowed at the Diamond Bar Center site,
waste will eventually be washed into the natural habitat surrounding the park and into the storm drain system. As mentioned
at the April 6 meeting, our janitorial service provider recommends the sealing of the decorative concrete area in front of the
formal entrance to prevent stains from the waste. This area is about 6,200 sq. ft. in size and would cost about $2.00 per sq.
ft. to seal, or about $12,400. If the concrete is sealed, according to our janitori al service provider, the waste can be cleane d
and neutralized with a concentrated citrus cleaner.
Staff recommends that animals such as horses and elephants not be allowed at the Diamond Bar Center.
3. Diamond Bar -based non-profit Senior Groups Discount for weekend use
On April 6, the City Council directed staff to determine the cost of utilities for the Center. Cost of electricity and gas, based
on bills for the 30 -day period of mid-March to mid-April, was about $10.00 per hour for the banquet room. Staff recommends
the following policy for qualifying senior groups use of the Banquet Room when the Banquet Room is not reserved for
weekend use 21 days or less prior to desired date: "Diamond Bar -based non-profit Senior Groups may reserve use of
banquet room for the discounted rate of $30 per hour of use, with a two-hour minimum, plus $60 per 100 people for set-up,
take down and clean-up. Such use shall not interfere with any other scheduled use of facility, and must receive prior
approval from the Center Director."
Costs incurred by the City for this type of use include: Staffing — $15.00/hr each staff person
Utilities -- $10 per hour approx.
Examples of cost/revenue for senior use:
city Cost Senior Fee (City Revenue)
a. 2 hour use for 100 seniors = $100 $120
(4 hours of one staff: $60
4 hours of utilities: $40)
b. 6 hour use for 400 seniors = $400 $420
(10 hours of two staff: $300
10 hours of utilities: $100)
4. Fee for wedding ceremony on the grounds of the Diamond Bar Center
Staff has received some inquiries about use of the Center grounds for a wedding cerem ony. Staff has recommended the
use of the grass area west of the Diamond Bar Center, adjacent to the water element. To be used for wedding ceremonies ,
the grass in this area will need specia I maintenanc a attention. Brown or worn spots in the turf will not be tolerated by users
of the area hosting a wedding ceremony. For this special maintenanc a effort year around, staff recommends charging a
$100 (fee recommendation changed from $500 to $100 since the 4/20/04 Study Session) fee plus a $200 security deposit
for potential damages per wedding ceremony on the grounds of the Diamond Bar Center. Space for a wedding ceremony on
the grounds of the Diamond Bar Center will be limited to those who have a paid reservation at the center for their wedding
reception. Pacific Palms charges $1,500 for a 1 hour tine block (includes gazebo, chairs, microphone and golf cart with
driver). Staff does not propose that the City provide any equipment for the wedding ceremony. All equipment would be the
responsib ility of the user through a private rental company.
5. Capacity of Grand View Ball Room
The City Council also requested staff to review the capacity of the Grand View Ball Room if 60" round tables are used
instead of 72" round tables. This information will be provided to the City Council via the Weekly Report after staff has the
opportunity to rent the 60" tables and try various room configurations .
REVIEWED BY:
Bob Rose James DeStefano
Community Services Director Deputy City Manager
CITY COUNCIL
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda #
Meeting Date.-
CITY
ate:
AGENDA REPORT
IIIII ayhW,9i1il1101IN�*1/_1►U7_\:IswolaQWW_VI11WLI_\►UZKi]9]:9il9:4 1a[910
Several months ago, at the behest of Council member O'Connor, then Mayor Herrera appointed a
Sub -Committee to oversee the creation of a City Counc it Code of Ethics. City Staff was directed to
research the issue. During the course of many meetings, the Sub-Commi ttee compiled information
from existing Diamond Bar policies, state law and several other cities including Brea and Claremont.
The "Standards of Operation and Code of Ethics" is designed to define the roles, responsibilities and
expectations of the City Council and City staff. It is also intended to promote understanding of and
trust in the operation of the City government.
The Sub -Committee subsequently prepared a revision of the already -existing "Standards of
Operation" section of the City Policies and Procedures (1996). After several additions, deletions,
reviews and revisions by the Sub -Committee and the City Attorney a final draft was created entitled
the City Council Standards of Operation and Code of Ethics. That document is presented to you
today for your review and comments. A red -line version of the orig inal document is also included.
Prepared by:
Jim Clarke, LegislativeAnalyst
Agenda No. 6.1
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
MARCH 23, 2004
Vice Chairman Tanaka called the meeting to order at 7:00 p.m. in the South Coast Air
Quality Management District/Govemm ent Center Auditorium, 21865 Copley Drive,
Diamond Bar, California 91765.
PLEDGE OF ALLEGIANCE:
Commissioner Tye 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; Ann Lungu,
Associate Planner; 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 Approval of March 9, 2004, Regular Meeting minutes.
C/Tye moved, C/McManus seconded, to approve the March 9,2004, Regular
Meeting minutes as amended. Without objection, the motion was so ordered
with Chair/Nolan being absent.
5. OLD BUSINESS: None
6. NEW BUSINESS:
MARCH 23, 2004 Page 2 PLANNING COMMISSION
6.1 Commissioner Training Workshop — Review of Draft Agenda for April 7,
2004.
7. CONTINUED PUBLIC HEARING(S):
7.1 Development Review No. 2003-05 (pursuant to Code
Sections 22.48.020.A.1) is a request to construct a two story, single family
residence with basement, including balconies, porch, deck and two attached
two car garages totaling approxim ately 15,942 gross square feet.
Additionally, there are series of retain ing walls proposed located in the rear,
side and front yards that do not exceed six (6) feet in height and 42 inches in
height within the front yard setba ck. (Continued from January 27, 2004)
PROJECT ADDRESS: 3145 Steeplechase Lane
(Lot 1 of Parcel Map 23382)
Diamond Bar, CA 91765
PROPERTY OWNER: Stephe Tanidjaja
21550 Barbi Lane
Diamond Bar, CA 91765
APPLICANT: Simon Shum & Manolo Manalo
20272 Carrey Road
Walnut, CA 91789
VC/Tanaka reported that the applicant has withdrawn the project's
application. No further action is necessary.
DCM/DeStefano explained to C/Tye that the project had not changed from
the last time the Planning Commission reviewed the matter. There was a list
of concerns from the Planning Commissioners as well as adjacent property
owners. Those issues were not resolved as of about a week ago.
Accordingly, staff suggested the applicant withdraw the project because the
issues would not be resolved in time for tonight's discussion and the
applicant decided to withdraw the project. Staff told the applicant that
because the City operates on an hourly rate fee for service, it could pick up
the project from where it left off once it was resubmitted. If the project
remains substantially the same itwill beeasy to use the remaining balance in
the applicant's deposit fund to complete the processing ofthe project before
the Planning Commission. Ifthe project comes back different and requires a
different soils report and/or engineering review, additional fees will be
MARCH 23, 2004 Page 3 PLANNING COMMISSION
required before the project reaches the Planning Commission.
MARCH 23, 2004 Page 4 PLANNING COMMISSION
PLANNING COMMISSION COMMENTS/INFORMATIONA LITEMS:
C/McManus offered that the Diamond BarCenter Grand Opening on Saturday was
a "roaring" success." Everyone hespoke with enjoyed the festivities and expressed
to him that the facilities are beautiful and very usable. The City did a good job on the
facility.
C/Tye echoed C/McManus's comments and offered kudos to everyone and
especially DCM/Doyle. The center is spectacular and he looks forward to many
wonderful years of projects and use.
C/Low added that the project is an excellent asset to the City. Congratulatio ns to all
who helped bring itto fruition.
VC/Tanaka echoed prior comments. The Grand Opening was an outstanding event.
He and his wife Wanda were busy helping pass out water and soda for the High
School Leo Club and did not have a chance to tour the facility that day. More than
1500 packets were distributed on opening day and drinks for about 2000 were
dispensed by 1:00 p.m.
C/Low attended the Planning Summit on Saturday morning with DCM/DeStefano.
Planning Commissioners from nearby citiesalso attended and attendees were given
an opportunity to discuss possible site in the community for future development.
9. STAFF COMMENTS/INFORMA TIONAL ITEMS:
9.1 Public Hearing Dates for future projects .
DCM/DeStefano reported that the Diamond Bar Center Grand Opening
capped a six year project. The Center was the result of task force created
by then Mayor Carol Herrera in 1998 that involved a wide variety of people
who helped determine what community assets should bedeveloped. Number
one was the Community/Senior Center to deal with the lack of space in the
senior facilities and to develop the type ofcommunity center now resident at
Summitridge Park. Number two on the priority listwas a 26,000 square foot
library proposed to be located on the pad immediately adjacent to the
Diamond Bar Center. If Diamond Bar were successful in obtaining funding
from the state the next step would becons truction ofthe library. Diamond Bar
expects a response to its voluminous funding application in August. If state
funding efforts are not successful the City will begin looking to other funding
mechanisms.
MARCH 23, 2004 Page 5 PLANNING COMMISSION
DCM/DeStefano reminded everyone that the Commissioners orientation
workshop dinner would beheld on Wednes day, April 7 at the Diamond Bar
Center. The Planners Institute is scheduled for March 31 through April 2. He
reported that today staff held a marathon meeting with the Lewis Retail
people to discuss the details of the retail, church expansion and residential
project proposed for the Calvary Chapel property at Grand Avenue and
Golden Springs Drive. That project is likely to come before the Planning
Commission within the next 60 days.
C/McManus asked for an updated City telephone book. DCM/DeStefano
responded that the City Clerk would likely have the updated directory
completed about the end ofthe month.
10. SCHEDULE OF FUTURE EVENTS:
As listed in the Agenda.
ADJOURNMENT: C/Tye moved, C/McManus seconded, to adjourn the meeting.
With no further business before the Planning Commission, Vice Chairman Tanaka
adjourned the meeting at 7:18 p.m.
Respectfully Submitted,
James DeStefano
Deputy City Manager
Attest:
Vice Chairman Jack Tanaka
AGENDA #6.2
NOTICE REGARDING THE WARRANT REGISTER
Please note that the Warrant Register has not been included
in the electronic versions of the City Council Agenda
Packets on the City's Web Site because severe formatting
errors occur when attempting to convert this material. If you
are interested in receiving a copy of the Warrant Register,
please contact the City Clerk's office at 909-839-7000 to
receive a FAXed copy or to pick one up in person.
We apologize for the inconvenience.
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Treasurer's Statement — March 31, 2004
RECOMMENDATION:
Approve the March 2004, Treasurer's Statement.
FINANCIA L IMPACT:
No Fiscal Impact
BACKGROUND:
Agenda # _6.3
Meeting Date: May. 04, 2004
AGENDA REPORT
Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City
Council's review and approval. This statement shows the cash balances for the various funds, with a
breakdown of bank account balances, investment account balances and the effective yield earned
from investments.
PREPARED BY:
Susan Full, Accountant II
Department Head
Attachments:
Treasurer's Statement
Deputy City Manager
CITY OF DIAMOND BAR
TREASURER'S MONTHLY CASH STATEMENT
March 31, 2004
BEGINNING
TRANSFERS
ENDING
BALANCE
RECEIPTS
DISBURSEMENTS
IN(OUT)
BALANCE
GENERAL FUND
$22,660,329.88
$859,584,70
$1,171,364.70
$22,348,549.88
LIBRARY SERVICES FUND
80,760.19
80,760.19
COMMUNITY ORG SUPPORT FD
(6,054.00)
2,300.00
(8,354.00)
GAS TAX FUND
324,442.90
173,890.28
498,333.18
TRANSIT TX (PROP A) FD
1,258,674.99
128,660.63
79,640.65
1,307,694.97
TRANSIT TX (PROP C) FD
1,015,046.79
64,052.06
(25,044.94)
1,054,053.91
ISTEA Fund
0.00
0.00
INTEGRATED WASTE MGT FD
551,687.61
6,078.00
16,262.49
541,503.12
AB2928-TR CONGESTION RELIEF FD
0.00
0.00
AIR QUALITY IMPRVMNT FD
146,261.34
15,477.51
1,640.67
160,098.18
PARK & FACILITIES DEVEL. FD
2,467,934.12
2,467,934.12
COM DEV BLOCK GRANT FD
(90,473.68)
101,963.00
21,913.89
(10,424.57)
CITIZENS OPT -PUBLIC SAFETY FD
229,107.23
953.24
228,153.99
NARCOTICS ASSET SEIZURE FD
310,881.90
310,881.90
CA LAW ENFORCEMENT EQUIP PROM
85,256.59
85,256.59
LANDSCAPE DIST #38 FD
482,064.16
19,431.82
462,632.34
LANDSCAPE DIST #39 FD
275,668.50
16,580.36
259,088.14
LANDSCAPE DIST #41 FD
401,101.11
22,726.56
378,374.55
GRAND AV CONST FUND
111,579.53
111,579.53
CAP IMPROVEMENT PRJ FD
(368,852.72)
210,879.00
1,163,306.19
25,044.94
(1,296,234.97)
SELF INSURANCE FUND
1,236,638.25
1,404.00
1,235,234.25
EQUIPMENT REPLACEMENT FUND
192,866.94
192,866.94
COMPUTER REPLACEMENT FUND
(1,153.91)
(1,153.91)
PUBLIC FINANCING AUTHORITY FUND
1,228,926.16
382.08
12.078.57
1,217229.67
TOTALS
$32,592,693.88
$1,560,967.26
52529.603.14
$OAO
$31,624,058.00
SUMMARY OF CASH:
DEMAND DEPOSITS:
GENERAL ACCOUNT
$120,317.15
PAYROLL ACCOUNT
11,80954
CHANGE FUND
250.00
PETTY CASH ACCOUNT
500.00
TOTAL DEMAND DEPOSITS
$132,876.69
INVESTMENTS: US TREASURY Money Market Acct. $335,135.99
LOCAL AGENCY INVESTMENT FD 29,938,815.65
30,273,951.64
US TREASURY Money Market
CASH WITH FISCAL AGENT: Acorunt $544283.58
LOCAL AGENCY INVESTMENT FD 672,946.09
(Bond Proceeds Account)
1,217,229.67
TOTAL CASH $31,624,058.00
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.
Agenda: _6.4
Meeting Date: May 4. 2004
CITY COUNCIL AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR APPROVING ELECTRICAL FACILITY COST SHARING
AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION (CALTRANS)
RECOMMENDATION:
Adopt the resolution.
FINANCIAL IMPACT:
The fiscal year 03/04 budget includes $20,000.00 for shared electrical facility cost.
Adoption of the resolution has no additional fiscal impact on the City.
BACKGROUND/ DISCUSSION:
On March 20, 1990, the City and Caltrans executed an electrical facilities agreement.
The electrical facilities referred in the agreement included flashing beacons, traffic
signals, traffic -sign systems, safety lighting, and sign lighting. The agreement was to
share the cost of operation and maintenance of electrical facilities at the intersection of
State highways and City Streets within Diamond Bar.
The agreement needs to be updated due to changes of inventory. Exhibit "A" of the
attached agreement reflects the new inventory. Staff and the City Attorney have
reviewed the agreement and are in concurrence with its content.
PREPARED BY:
Fred Alamolhoda, Senior Engineer Date Prepared: April 28, 2004
REVIEWED BY:
David G. Liu James DeStefano
Director of Public Works Deputy City Manager
Attachments: Resolution No. 2004 -XX
1990 Electrical Facility Cost Sharing Agreement
2004 Electrical Facility Cost Sharing Agreement
RESOLUTION NO. 2004 -XX
ARESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR APPROVING THE AGREEMENT FOR COST SHARING OF
STATE HIGHWAY ELECTRICAL FACILITIES WITHIN THE CITY OF
DIAMOND BAR
WHEREAS, the State of California, through its Department of Transportation has
presented an agreement for cost-sharing at the State highway in the City of Diamond Bar,
effective as of May 4, 2004, and to remain in effect until amended or terminated; and
WHEREAS, the City Council has heard/read said Agreement in full, and is familiar
with the contents thereof:
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
Diamond Bar, that said Agreement for Cost -Sha ring of the State highway in the City is
hereby approved and the Mayor and the City Clerk are directed to sign the same on behalf of
said City.
PASSED, APPROVED AND ADOPTED this day of May 2004.
Robert P. Zirbes, Mayor
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City
Council of the City of Diamond Bar at its meeting held 12004
by the following vote:
M
Linda C. Lowry, City Clerk
I, LINDA C. LOWRY, City Clerk of the City of Diamond Bar, do hereby certify that
the foregoing Resolution was passed, approved and adopted at a regular meeting of the
City Council of the City of Diamond Bar held on day of May, 2004, by the following
vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS
LINDA C. LOWRY, City Clerk
City of Diamond Bar
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda #
6.5 a
Mootino 117to• Mnv 4 2004
AGENDA REPORT
TITLE: RESOLUTION GRANTING CONSENT AND JURISDICTION TO THE COUNTY OF
LOS ANGELES IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT
10006 AND COUNTY LIGHTING DISTRICT LLA -1, DIAMOND BAR ZONE, CITY OF
DIAMOND BAR, PETITION 135-126 (DIAMOND BAR GOLF COURSE AND
SYCAMORE CANYON PARK).
RECOMMENDATION:
Approve the resolution.
FINANCIAL IMPACT:
None.
BACKGROUND:
Along the Diamond Bar Golf Course frontages, there are fifteen (15) existing street lights on Golden
Springs Drive and six (6) street lights on Prospectors Road. Sycamore Canyon Park has six (6 )
street lights along Golden Springs Drive. All of the street lights are currently funded by the Los
Angeles County Public Works Department, County Road Fund account. The County has informed the
City that the Road Fund account no longer has sufficient funds for the operation and maintenance of
these street lights and has requested the annexa tion of the twenty-seven (27) streets lights into the
County Lighting Maintenance District 10006 to continue the operation and maintenance of the street
lights.
The costs for the operation and maintenance of street lights located within the Lighting District are
primarily funded by ad valorem property tax and supplemented by street lighting assessments. Since
these properties proposed for annexation are publicly held lands, they are tax exempt. As a result,
with the City's approval of the attached Resolution and the Joint Resolution for the Negotiated
Exchange of Property Tax Revenues, there will be no exchange of property tax revenues between
the City of Diamond Bar and County Lighting Maintenance District 10006 provided these properties
are maintained as publicly -held lands.
However, should these properties ever become privately -held, they will become property tax
generating properties, and the annual tax revenues collected from these properties would be shared
among the special districts providing a service to the area, including the City of Diamond Bar and
County Lighting Maintenance District 10006.
Since the street lights are within the boundaries of the City of Diamond Bar, approval of the attached
Resolution Granting Consent and Jurisdiction to the County of Los Angeles is required to accomplish
this annexation.
DISCUSSION:
The County has now prepared two resolutions for accomplishing this annexation: 1) Resolution
Granting Consent and Jurisdiction and 2) Joint Resolution between the County of Los Angeles and
the City of Diamond Bar and the special districts that provide service to the properties. Both
resolutions are to be approved concurrently. Upon approval of the aforementioned resolutions, they
will beforwarded to the County to continue the annexation process.
PREPARED BY:
Sharon Gomez, Senior Management Analyst
REVIEWED BY:
David G. Liu James DeStefano
Director of Public Works Deputy City Manager
Attachment: Area Map
Resolution No. 2004 -XX
Los Angeles County Letter, dated April 20, 2004
2
RESOLUTION NO. 2004 -XX
ARESOLUTION GRANTING CONSENT AND JURISDICTION
TO THE COUNTY OF LOS ANGELES
IN THE MATTER OF COUNTY LIGHTING MAINTENANCE DISTRICT 10006
AND COUNTY LIGHTING DISTRICT LLA -1, DIAMOND BAR ZONE
CITY OF DIAMOND BAR
PETITION NO. 135-126
(DIAMOND BAR GOLF COURSE)
WHEREAS, the Board of Supervisors of the County of Los Angeles is about to commence
proceedings under Divisions 7 and 15 of the Streets and Highways Code for the annexation of territory to
County Lighting Maintenance District 10006 and County Lighting District LLA -1, Diamond Bar Zone; and
WHEREAS, street lights have been installed in the proposed annexa tion territory located in the City
of Diamond Bar; and
WHEREAS, all of the land included in the proposed annexation he within the boundary of the City
of Diamond Bar.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Diamond Bar, as
follows:
SECTION 1. That the public interest, convenience, and necessity require the maintenance of
a street lighting system located within said territory as shown on the map of the proposed annexation area
to County Lighting Maintenance District 10006 and County Lighting District LLA -1, Diamond Bar Zone,
attached and on file in the office of the Department of Public Works of the County of Los Angeles.
SECTION 2.That this City Council hereby consents to the annexation of said territory, as shown
on the enclosed map, included within the boundary of said annexation and lying within the boundary of the
City of Diamond Bar.
SECTION 3. That this City Council hereby fords and determines that the land included
within the boundary of the proposed annexation lying within the boundary of the City of Diamond Bar, will
be benefited by the proposed annexation, and hereby consents to the inclusion of said land within the
proposed annexation and to the assessment thereof.
SECTION 4. That the consent of the City of Diamond Bar is hereby given to the
commencement of the proceedings for said annexati on to County Lighting Maintenance District 10006 and
County Lighting District LLA -1 Diamond Bar Zone, by the Board of Supervisors of the County of Los
Angeles, and to the exercise of exclusive jurisdicti on of said Board of Supervisors over all proceedings
necessary thereto for the purpose of consummating the same, all in accordance with the provisions of
Divisions 7 and 15 of the Streets and Highways Code.
SECTION 5. That the Clerk of the City Council is hereby directed to certify and deliver two
copies of this Resolution to th a Department of Public Works of the County of Los Angeles.
SECTION 6. The City Clerk shall certify to the passage of this Resolution by the City
Council of the City of Diamond Bar, and shall cause the same to be posted in three (3) conspicuous places
in the City of Diamond Bar, and it shall thereupon take effect.
The City Clerk shall certify to the adoption of the Resolution.
PASSED, APPROV EDAND ADOPTED this day of May 2004.
Robert Zirbes,Mayor
I HEREBY CERTIFY that the foregoing Resolution was adopted by the City Council of the
City of Diamond Bar at its meeting held 12004
by the following vote:
Lm
City Clerk
I, LINDA C. LOWRY, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was passed, approved and adopted at a regular meeting of
the City Council of the City of Diamond Bar held on day of May, 2004, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
LINDA C. LOWRY, City Clerk
City of Diamond Bar
4
CITY COUNCIL
Agenda # 65L b)
Meeting Date: May 4. 2004
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: JOINT RESOLUTION OF THE BOARD OF SUPERVISORS OF THE COUNTY OF
LOS ANGELES AND THE CITY COUNCIL OF THE CITY OF DIAMOND BAR; THE
BOARD OF DIRECT ORS OF THE COUNTY SANITATION DISTRICT NO. 21 OF LOS
ANGELES COUNTY (COUNTY SANITATION DISTRICT NO. 21); AND THE BOARD
OF DIRECTORS OF THE GREATER LOS ANGELES COUNTY VECTOR CONTROL
DISTRICT; THE BOARD OF DIRECTOR S OF THE THREE VALLEYS MUNICIPAL
WATER DISTRICT- ORIGINAL AREA; THE BOARD OF DIRECT ORS OF THE
WALNUT VALLEY WATER DISTRICT; THE BOARD OF DIRECTORS OF THE
WALNUT VALLEY WATER DISTRICT IMPROVEMENT NO. 3 AND THE BOARD OF
DIRECTORS OF THE WALNUT VALLEY WATER DISTRICT IMPROVEMENT
DISTRICT NO. 4 APPROVING AND ACCEPTING THE NEGOTIATED EXCHANGE
OF PROPERTY TAX REVENUE RESULTING FROM ANNEXATION OF PETITION
135-126 TO COUNTY LIGHTING MAINTENANCE DISTRICT 10006.
RECOMMENDATION:
Approve the joint resolution.
FINANCIAL IMPACT:
None.
DISCUSSI ON:
Along the Diamond Bar Golf Course frontages, there are fifteen (15) existing street lights on Golden
Springs Drive and six (6) street lights on Prospectors Road. Sycamore Canyon Park has six (6)
street lights along Golden Springs Drive. All twenty-seven (27) street lights are currently funded by
the Los Angeles County Public Works Department, County Road Fund account. The County has
informed the City that the Road Fund account no longer has sufficient funds for the operation and
maintenance of these street lights and has requested the annexat ion of the twenty-seven (27) streets
lights into the County Lighting Maintenance District 10006 to cont inue the operation and maintenance
ofthe street lights.
As part of the approval of the Resolution Granting Consent and Jurisdiction to the County of Lo s
Angeles, the Joint Resolution mustbe concurrently approved bythe City of Diamond Bar. At this time,
with the City's approval of th a attached resolution and the Resolution Granting Consent and
Jurisdiction, there will be no exchange of property tax revenues between the City of Diamond Bar and
County Lighting Maintenance District 10006 provided these properties are maintained as publicly -held
lands.
The costs for the operation and maintenance of street lights located within the Lighting District are
primarily funded by ad valorem propertytax and supplemented bystreet lighting assessments. Since
these properties proposed for annexation are publicly held lands, they are tax exempt. As a result,
with the City's approval of the attached Resolution and the Joint Resolution for the Negotiated
Exchange of Property Tax Revenues, there will be no exchange of property tax revenues between
the City of Diamond Bar and County Lighting Maintenance District 10006 provided these properties
are maintained as publicly -held lands.
However, should these properties ever become privately -held, they will become property tax
generating properties, and the annual tax revenues collected from these properti es would be sh ared
among the special districts providing a service to the area, including the City of Diamond Bar and
County Lighting Maintenance District 10006.
PREPARED BY:
Sharon Gomez, Senior Management Analyst
1VVI1ATA =101 yA
David G. Liu James DeStefano
Director of Public Works Deputy City Manager
Attachment: Resolution No. 2004 -XX
Los Angeles County letter, dated April 20, 2004
RESOLUTION NO. 2004 -XX
A JOINT RES OLUTI ON
OF THE BOARD OF SUPE RVIS ORS OF THE COUNTY OF LOS ANGELES;
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR;
THE BOARD OF DIRECTORS OF THE COUNTY SANITATION DISTRICT NO. 21 OF LOS
ANGELES COUNT Y (COUNT Y SANITATION DISTRICT NO. 21); AND THE BOARD OF
DIRECTORS OF THE GREATER LOS ANGELES COUNTY VECTOR CONTROL DISTRICT; THE
BOARD OF DIRECTORS OF THE THREE VALLEY MUNICIP AL WATER DIST RI CT - ORIGINAL
AREA; THE BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER DISTRICT; THE
BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER DISTRI CT IMPROVE MENT
DISTRICT NO. 3 AND THE BOARD OF DIRECTORS OF THE WALNUT VALLEY WATER
DIS TRI CT IMPROVEMENT DISTRICT NO. 4
APPROVI NG AND ACCEP TING THE NEGOTIATED EXCHANGE OF
PROPERTY TAX REVENUE RESULTING FROM
ANNEXATION OF PETITION NO. 135-126
TO COUNTY LIGHTING MAINTENANCE DISTRICT 10006
WHEREAS, pursuant to Secti on 99.01 of the Reve nue and Taxation Code, prior to the effective date
of any jurisdictional change that will result in a special district providing one or more services to an area
where those services have not previously been provided by any local agency, the special district and each
local agency that receives an apportionment of property tax revenue from the area must negotiate an
exchange of property tax increment generated in the area subject to the jurisdictional change and
attributable to those local agencies; and
WHEREAS, the Board of Supervis ors of the County of Los Angeles , acting on behalf of the Count y
of Los Angeles, the County Fire Protection District, County Library, and the County Flood Control
District; the City Council of the City of Diamond Bar; County Sanitation District No. 21; the Board of
Directors of the Greater Los Angel es County Vector Control District; the Board of Direct ors of the Three
Valley Municipal Water District - Original Area; the Board of Directors of the Walnut Valley Water
District; the Board of Directors of the Walnut Valley Water District Improvement District No. 3; and the
Board of Directors of the Walnut Valley Water District Improvement District No. 4 have determined that
the amount of property tax revenue to be exchanged between their respective agencies as a result of the
annexation proposal identified as Petition No. 135-126 to County Lighting Maintenance District 10006 is
as set forth below:
NOW, THEREFORE, BE IT RESOLVED AS FO LLOW S:
1. The negotiated exchange of property tax revenues between the County of Los Angeles, the
County Fire Protection District, the County Library, and the Los Angeles County Flood Control District;
the City of Diamond Bar; the County Sanitation District No. 21; the Greater Los Angeles County Vector
Control; the Three Valley Municipal Water District - Original Area; the Walnut Valley Water District; the
Walnut Valley Water District Improvement District No. 3; and the Walnut Valley Water District
Improvement District No. 4 resulting from annexation of Petition No. 135-126 to County Lighting
Maintenanc e District 10006 is approved and accepted.
2. For fiscal years commencing on or after July 1, 2005, or the July 1 after the effective date of this
jurisdictional change, whichever is later, the property tax revenue increment generated from the area within
Petition No. 135-126 shall be alloca ted to the affected agencies as indicated in the attached worksheet.
3. No transfer of property tax revenues other than those specified in Paragraph 2 shall be made as a
result of annexation of Petition No. 135-126.
4. If at any time after the effective date of this Resolution, the calculations used herein to determ ine
initial property tax transfers or the data used to perform those calculations are found to be incorrect, thus
producing an improper or inaccurate property tax transfer, the property tax transfer shall be recalculated
and the corrected transfer shall be implemented for the next fiscal year, and any amounts of property tax
received in excess of that, which is proper shall be refunde d to the appropriate agency.
P AS S ED, AP P R OV ED AND ADOP TED thi s day of day of May, 2004, by the following
vote:
Robert Zirbes,Mayor
I HEREBY CERTIFY that the foregoing Resolu tion was adopted by the City Council of the
City of Diamond Bar at its meeting held 12004
by the following vote:
City Clerk
I, LINDA C. LOWRY, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing
Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of
Diam and Bar held on day of May, 2004, by the following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAINED:
COUNCIL MEMBERS:
LINDA C. LOWRY, City Clerk
City of Diamond Bar
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # 6.6
Meeting Date: _May 4. 2004
AGENDA REPORT
TITLE: Notice of Completion Diamond Bar Center (KPRS Construction Services, Inc)
RECOMMENDATION:
City staff and the City Attorney recommend the City Council approve the Notice of Completion for the
Diamond Bar Center and direct staff to send the Notice to the County for recordation but withhold
retention funds until all outstanding issues are resolved.
FINANCIAL IMPACT:
There is no financial implication associated with filing the Notice of Completion. Normally, the filing
would trigger the release the project retention (10% of contract) 35 days after recordation by the
County. However, the City will continue to withhold retention funds until all outstanding issues are
resolved including completion of all certified payroll reporting requirements, resolution of the stop
notice placed by a subcontractor, and completion of all the punch list items.
DISCUSSI ON:
KPRS Construction Service, Inc. received their Notice to Proceed on December 2, 2002. Since that
time they have been working to complete the project. With the connection of the fire valves and the
installation of the landscaping and irrigation systems, th e project is now complete. It is appropriate to
file the Notice of Completion at this time.
Since there are outstanding issues associated with this project as identified above, staff recommends
filing the Notice of Completion and recording with the County but not releasing the project retention.
At the time the Notice is recorded with the County, all subcontractor s will have35 days to file any
additional claims associated with the project.
PREPARED BY:
Deputy City Manager
Attachment
1. Notice of Completion
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # 6.7
Meeting Date: _May 4. 2004
AGENDA REPORT
TITLE: Authorize City Manager to approve contract extension with The Nakoma Group in the
amount of $10,000 for a total contract not-to-exce ed $55,000
RECOMMENDATION:
City staff recommends the City Council authorize the City Manager to extend the contract with The
Nakoma Group for additional services ($10,000) for a total contract not -to -exceed $55,000.
FINANCIA L IMPACT:
There are sufficient funds available in the Informa tion Systems budget for this contract extension.
DISCUSSI ON:
In January 2004 the City entered into an agreement with The Nakoma Group to provide contract
information systems management and support. The original contract ($45,000) provided for the
contract IS Manager (Ken Des Forges ) to be onsite approximately 20 hours per week as well as offsite
network administration support.
During the first several months, the City experienced significant issues with its network and e-mail
systems. In order to keep the systems functi oning and immediately address the issues, the IS
Manager was required to be onsite in excess of 30 hours per week as well as working a number of
weekends.
For the City to continue to receive information systems management services, the City Counc it needs
to approve a contract extension. The contract extension in the amount of $10,000 will purchase 133
hours of additional service which will be sufficient to continue information systems management
services through the current fiscal year.
PREPARED BY:
Deputy City Manager
Attachment
1. Amendment Number 1 to The Nakoma Group Contract
AMENDMENT NO. 1
TO THE CONSULTING SERVICES AGREEMENT
This Amendment No. 1 to the Agreement is made and entered into this 4th day of May, 2004,
between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "City") and
The Nakoma Group (hereinafter referred to as "CONSULTANT").
A. RECITALS:
(1) The CITY on January 20, 2004 entered into an Agreement, with CONSULTANT
to provide Professional Consulting Services.
(ii) The CONSULTANT submitted a proposal, a full, true and correct copy of which is
attached hereto as Exhibit "A" (Nakoma's proposal).
NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT:
Section 2: Section 3 of the Agreement is hereby amended to read as follows:
Compensation. "City agrees to compensate Consultant for each service which
Consultant performs to the satisfaction of Agency in compliance with the schedule set forth in Exhibits
"B". Payment will be made only after submission of proper invoices in the form specified by City.
Total payment to Consultant pursuant to this Agreement shall not exceed ($55,000) dollars."
Section 3: Each party to this Amendment No. 1 acknowledges that no representatio n
by any party which is not embodied herein nor any other agreement, statement, or promise not
contained in this Amendment No. 1 shall bevalid and binding. Any modification of this Amendment
No. 1 shall be effective only if it is in writing signed by the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement No. 1 as of
the day and year first set forth above:
APPROVED AS TO FORM: CONSULTANT:
The Nakoma Group
By:
C ity Atto m ey
CITY OF DIAMOND BAR
Linda C. Lowry, City Manager
Dave Doyle, Deputy City Manager/Deputy City Clerk
DATE:
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # 6.8
Meeting Date: May 4. 2004
AGENDA REPORT
TITLE: A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
SUPPORTING CALIFORNIA STATE ASSEMBLY BILL 712 (L IU): METRO FOOTHILL
GOLD LINE CONSTRUCTION AUTHORIT Y: AMENDING THE PASADENA METRO
BLUE LINE CONSTRUCTION AUTHORITY
RECOMMENDATIONS:
It is recommended that the City Counc it adopt the Resolution.
FISCAL IMPACT:
There is no fiscal impact on the City of Diamond Bar.
BACKGROUND /DISCUSSION:
Existing law establishes the Pasadena Metro Blue Line Construction Authorityfor the purpose of
awarding and overseeing all design and construction contracts for the Los Angeles -Claremont Metro
Blue Line light rail project. The project was renamed by the MTA from the Blue Line to the Gold Line
last year. The single -purpose Construction Authority was given the power to plan, design, and
construct a light rail project from downtown Los Angeles to Clarem ont.
The construction authority is currently comprised of 3 members who are appointed by the City
Counc ils of the Cities of Los Angeles, Pasadena, and South Pasadena, one member who is
appointed by President of the Governing Board of the San Gabrie I Valley Council of Governments,
one member who is appointed by the Los Angeles County Metropolitan Transportation Authority, and
a nonvoting member who is appointed by the Governor.
This summer, Phase I (from L.A. to Pasaden a) of the Gold Line opened under budget and on
schedule. The focus of the Phase II planning of the Gold Line from Pasaden a to Claremont has been
underway for two years. Phase II of the Gold Line will traverse 10 San Gabriel Valley cities along an
existing right of way. These cities would like a voice in overseei ng Phase 11 of the project, as was
given the cities in Phase 1, since each city will host a Gold Line station.
AB 712 (Liu) would change the name of the construction authority to the "Metro Foothills Gold Line
Construction Authority". The bill would increase the composition of the construction authority to 15
members by adding members from the City Councils of the Cities of Arcadia, Monrovia, Duarte,
Irwindale, Azusa, Glendora, San Dimas, La Verne, Pomona, and Claremont. Members from the
original cities would remain on the board. The bill would also provide for the appointment of one
member representing the San Bernardino Associated Governments instead of the San Gabriel Valley
Council of Governments, and would delete the authority of the board to temporarily fill vacancies on
the board. The bill would authorize a voting member of the authority to be removed and replaced at
any time by the appointing entity.
AB 712 (Liu) is co-authored by Senator Jack Scott, Assemblyman Dennis Mountjoy and Senator
Margett. The bill has passed the Assembly and was held in Senate Transportation by Senator
Murray. The author and elected officials will work with the San Gabriel Valley legislative caucus to
seek its passage. This resolution was requested by the San Gabriel Valley COG.
Prepared with information from the State Legislative Analyst's Office
Prepared by:
Jim Clarke, Legislative Analyst
Attach men is
1. Resolution No. 2004 -XX Supporting AB 712 (Liu): Metro Foothill Gold Line Construction
Authority
RESOLUTION NO. 2004 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
SUPPORTING CALIFORNIA STATE ASSEMBLY BILL 712 (LIU): METRO FOOTHILL GOLD LINE
CONSTRUCTION AUTHORITY: AMENDING THE PASADENA METRO BLUE LINE
CONSTRUCTION AUTHORITY
WHEREAS, SB 1847 (Schiff) was enacted in 1998 by the legislature and created a single -purpose
construction authority to plan, design and construct the Gold Line from downtown Los Angeles to
Claremont; and
WHEREAS, Phase I of the Gold Line between Los Angeles and Pasadena opened successfully this
summer on schedule and below budget; and
WHEREAS, the San Gabriel Valley cities have been working with the San Gabriel Valley Council of
Governments (SGVCOG) and the Authority for the last two years on Phase II of the project as defined
in state law; and
WHEREAS, it is in the best interest of the San Gabriel Valley cities to seek legislative clarification
regarding governance of the completion of Phase II of the Gold Line; and
WHEREAS, AB 712 would increase the composition of the construction authority from 5 members to
15 members by adding a board member from the City Councils of the Cities of Arcadia, Monrovia,
Duarte, Irwindale, Azusa, Glendora, San Dimas, La Verne, Pomona, and Claremont providing better
local government representation and oversight; and
WHEREAS, existing law established the Los Angeles to Pasadena Metro Blue Line Construction
Authority, and subsequently the MTA changed the name of the project from the Blue Line to the Gold
Line, AB 712 would clarify the name of the construction authority to the Metro Foothills Gold Line
Construction Authority.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar SUPPORTS
AB 712 (Liu): Metro Foothills Gold Line Construction Authority
SECTION 1. That the City Council of the City of Diamond Bar shall adopt the Resolution and the City
Clerk shall certify to the adoption.
SECTION 2. That the City Coun cil of the City of Diamond Bar asks all elected local and State
officials to SUPPORT AB 712 (Liu).
SECTION 3. That certified copies of the resolution be circulated to the following:
San Gabriel Valley COG
Assemblyman Bob Pacheco
Senator Bob Margett
PASSED, ADOPTED AND APPROVED by the City Council of the City of Diamond Bar, on this
day of May, 2004.
Mayor
I, LINDA C. LOWRY, City Clerk of the City of Diamond Bar, do here by certify that the foregoing
Resolution, was passed, approved and adopted atthe regular meeting ofthe City Council ofthe City
of Diamond Bar held on the ________ day of____________ 2004, by the following Roll Call vote:
AYES: COUNCIL MEMBERS -
NOES: COUNCIL MEMBERS -
ABSENT: COUNCIL MEMBERS -
Linda C. Lowry, City Clerk
City of Diamond Bar
CITY COUNCIL
Agenda # _6.9
Meeting Date; 05-04-04
AGENDA REPORT
T0; Honorable Mayor and Members of the City Council
VIA; Linda C. Lowry, City Manager
TITLE; APPROVAL OF CONTRACT AMENDMENT #3 WITH TRUGREEN LAND CARE TO INCREASE THE
CONTRACT AMOUNT FOR THE CITY-WIDE LANDSCAPE MAINTENANCE CONTRACT BY $48,450
FOR A TOTAL 2003/04 FISCAL YEAR AUTHORIZATION OF $ 400,568.59 AND APPROPRIATION OF
$20,000 FROM LLAD #38 RESERVES FOR DISTRICT #38 IMPROVEM ENTS TO BE COMPLET ED BY
TRUGREEN LANDCARE
RECOMMENDATION; Approve Contract Amendment.
FINANCIAL IMPACT: $28,450 of this contract amendment is included in the Diamond Bar Center project budget, already
included in the current 2003/04 FY budget. $20,000 needs to be appropriated from LLAD #38 reserves to cover costs for
work on medians on Grand Avenue and Diamond Bar Blvd.
BACKGROUND; TruGreen Landcare is the landscape maintenanc e contractor for Summit Ridge Park and forthe medians
on Grand Avenue and Diamond Bar Boulevard. The landscaping along the perimeter of Summit Ridge Park and along
Summit Ridge Drive to Summit Ridge Mini -Park has deteriorated and needs to be replaced. TruGreen Landc are can quickly
improve the landscaping in these areas under the terms of its existing contract. Also, TruGreen LandCare will be asked to
replace the trailing ivy geranium with red day lilies in four planting areas on Diamond Bar Boulevard between Golden
Springs and Grand Avenue.
DISCUSSION; The current City-wide Landscape Maintenance contract with TruG reen Landcare allows for up to $50,000
of additiona I work during this fiscal year. Staff expects this amount to be utilized completing a variety of necessary work
throughout the City at the parks and Landscape Maintenance Districts #38, 39 & 41. Typical additional work at these
locations includes modification to existing landsc apingrrrigation systems, repairs necessary due to vandalism, seasonal
specialty work, turf renovation and seasonal planting of color. The work that is needed at Summit Ridge Park and in the
medians on Diamond Bar Boulevard is;
1. Installation of River Rock on Grand Ave median eastof Summit Ridge Drive
$3,850
2. Complete irrigation system and landscaping between project area and Summit Ridge Park ball fields
$14,787
3. Complete irrigation system and landsc aping in area adjac ent to monument sign on Grand Ave (SR Park)
$2,688
4. Installation of 15 gallon raphiolepis on Grand Ave, median in front of Summit Ridge Park
$2,125
5. Installation of 2,500 sf of sod along Grand Avenue west of Summit Ridge Park to guardrail
$3,125
6. Installation of expanded irrigation system at lower parking lot of Summit Ridge Park
$1,400
7. Installation of 100 red day lilies on Grand Avenue medians in front of Summit Ridge Park
$2,800
8. Trenching for OS & Y connection wire
$6,825
9. Debris clearance from Summit Ridge Park access road to Summit Ridge Mini -Park
$2,750
10. Installation of 270 red day lilies on Diamond Bar Blvd. in four planting areas
ILL
TOTAL;
$48,450
$28,450 in funds required for this additional work is already included in the 2003/04 FY budge t. Appropriation of $20,000 of
LLAD #38 reserves is required to complete the improvements to District #38. City Counci I approval is required for any
increase in spending for contra cts that have a total annual value of over $25,000.
ATTACHMENT; Contract Amendment #3 dated May 4, 2004
Contract Amendment #2 dated March 2, 2004
Contract Amendment #1 dated June 17, 2003
Minutes of June 17, 2003 City Council Meeting showing approval of contract with TruGreen Landcare.
REVIEWED BY;
Bob Rose James DeStefano
Community Services Director Deputy City Manager
AMENDMENT #3 TO CONTRACT AGREEMENT
THIS CONTRACT AMENDMENT is made this 4th day of May, 2004 by and between the CITY OF DIAMOND BAR, a
municipal corporation of the State of California ('CITY') and TRUG RE EN LAND CARE, ("CONTRACTOR')
Recitals;
a. The CITY extended its City -Wide Landscape Maintenance Contract with CONTRACT OR for the period of
July 1, 2003 through June 30, 2004 on June 17, 2003.
b. The contract allows staff to authorize necessary additional work in an amount not to exceed $50,000 for a
total contract amount of $246,118.59 for the 2003/04 Fiscal Year.
C. The CITY authorized $106,000 in additional work on March 2, 2004 for a total contract amount of
$352,118.59.
d. Parties desire to amend the contract to authorize an additional $48,450 of work for a total contract amount
of $400,568.59 for the 2003/04 Fiscal Year.
Now, therefore, the parties agree to amend the AGREEMENT as follows;
Section 1— Contract Amendment shall include the following work;
1. Installation of River Rock on Grand Ave median east of Summit Ridge Drive
2. Complete irrigation system and landscaping between project area and Summit Ridge Park ball fields
3. Complete irrigation system and landscaping in area adjacent to monument sign on Grand Ave (SR Park)
4. Installation of 15 gallon raphiolepis on Grand Ave. median in front of Summit Ridge Park
5. Installation of 2,500 sf of sod along Grand Avenue west of Summit Ridge Park to guardrail
6. Installation of expanded irrigation system at lower parking lot of Summit Ridge Park
7. Installation of 100 red day lilies on Grand Avenue medians in front of Summit Ridge Park
8. Trenching for OS & Y connection wire
9. Debris clearance from Summit Ridge Park access road to Summit Ridge Mini -Park
10. Installation of 270 red day lilies on Diamond Bar Blvd. in four planting areas
Except as provided above, the AGREEMENT is in all other respects in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #3 TO CONTRACT AGREEMENT on the
date and year first written above.
ATTEST;
CITY OF DIAMOND BAR
A Municipal Corporation
of the State of California
Signed
Bob Zirbes
Mayor
APPROVED TO FORM
City Attorney
TRUGREEN LANDCARE
Contractor
Signed
Title
Linda Lowry, City Clerk
Agenda # 8.1
Meeting Date: May 4. 2004
CITY COUNCIL AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: 2003 Public Safety Review
RECOMMENDATION:
It is recommended that the City Council accept a presentation by the Los Angeles
County Sheriffs Department highlighting the accomplishments of the Diamond Bar
Policing Team in 2003.
FINANCIAL SUMMARY:
No financial impact associated with this item.
DISCUSSI ON:
The Los Angeles Co unty Sherifrs Department will presentthe Council and the
community with its 2003 Public Safety Review. The video presentation will highlight the
major accomplishment s of the year, review the City's crime statistics, and discuss some
of the major programs and staffing changes that occurred in 2003. This Public Safety
Review will be programmed into the DBTV schedule following the presentation to
Counc il.
PREPARED BY:
Dave Doyle, Deputy City Manager