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CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
June 15, 2004
STUDY SESSION: 3:00 p.m., Room CC -8
City Council Goals and Objectives
FY 2004-05 Budget Discussion
Public Comments
CLOSED SESSION: 6:00 p.m., Room CC -8
Public Comments on Closed Session Agenda
Conference with Real Property Negotiators: Government
Code Section 54956.8
Property: 5.4 acre parcel located at Diamond Bar Blvd. at the
Pomona (SR 60) freeway to the City; Parcel 2 of Tract 10208
(Assessor's Parcel 8703-002-029)
City Negotiators: City Manager, Deputy City Manager,
City Attorney
Negotiating party: Canyon Wash, LLC
Under negotiation: Price and terms of payment
Anticipated Litigation- Government Code Section 54956.9(b)
two cases.
Pending Litigation — Government Code Section 54956.9
(Chung v. City of D.B. Case No. KC 041832 R).
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
INVOCATION: Monsignor James Loughnane
St. Denis Catholic Church
ROLL CALL: Council Members Chang, Huff, O'Connor,
Mayor Pro Tem Herrera, Mayor Zirbes
June 15, 2004 PAGE 2 City Council
APPROVAL OF AGENDA: Mayor
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Presentation of Certificates to Industry East Project Advisory Committee
Members.
1.2 Presentation of Certificates to Community Emergency Response Team
(CERT) Program Members.
NEW BUSINESS OF THE MONTH:
1.3 Presentation of Certificate Plaque to Sun Won, owner of "It's A Grind."
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS Cont'd.
1.4 Presentation by Bernice Shaw, Asst. CEO with Project D.R.I.P.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each
regular meeting agenda to provide an opportunity for members of the public to
directly address the Council on Consent Calendar items or matters of interest to
the public that are not already scheduled for consideration on this agenda.
Although the City Council values your comments, pursuant to the Brown Act, the
Council generally cannot take any action on items not listed on the posted
agenda. Please complete a
Speaker's Card and give it to the City Clerk (completion of this form is voluntary).
There is a five-minute maximum time limit when 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 — June 17, 2004 — 7:00 p.m.,
Room CC -8, AQMD/Government Center, 21865 Copley Dr.
5.2 PLANNING COMMISSION MEETING — June 22, 2004 — 7:00 p.m.,
AQMD/Auditorium, 21865 Copley Dr.
5.3 PARKS AND RECREATION COMMISSION MEETING — June 24, 2004 —
7:00 p.m., Hearing Board Room, AQMD/Government Center, 21865
Copley Dr.
5.4 CONCERT IN THE PARK — Jumpin' Joz Band - June 30, 2004- 6:30 —
June 15, 2004 PAGE 3 City Council
8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Drive.
5.5 4T" OF JULY BLAST CONCERT AND FIREWORKS SHOW— (Gregg
Young and the 2nd Street Band & "Hot August Night" Tribute to Neil
Diamond) - July 4, 2004 — 6:00 -9:30 p.m., Sycamore Canyon Park,
22930 Golden Springs Drive.
5.6 4th of JULY HOLIDAY — Monday, July 5, 2004 — City Offices will be closed
in observance of the July 4th Holiday. Offices will re -open, Tuesday, July
6, 2004.
5.7 CITY COUNCIL MEETING — July 6, 2004 — 6:30 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Drive.
6. CONSENT CALENDAR:
6.1 City Council Minutes:
6.1.1 Study Session of June 1, 2004 - Approve as submitted.
6.1.2 Regular Meeting of June 1, 2004 — Approve as submitted.
6.2 Planning Commission Minutes — Regular Meeting of May 25, 2004 -
Receive and file.
6.3 Parks and Recreation Commission Minutes - Regular Meeting of April
29, 2004 — Receive and File.
6.4 Warrants - Approve Warrant Registers dated June 3, 2004 and June 10,
2004 in an amount totaling $418,399.47.
Requested by: Finance Division
6.5 Reject Claim for Damages — Filed by Paul and Barbara Royalty on April
16, 2004.
Recommended Action: Reject.
Requested by: City Clerk
6.6 Adopt Resolution No. 2004 -XX: Approving the installation of Stop
Signs on Prospectors Rd. at North Rock River Dr.
Recommended Action: Adopt.
Requested by: Public Works Division
June 15, 2004 PAGE 4 City Council
6.7 Authorize increase amount with Nakoma Group by $5,000 for a total
contract authorization for FY 03-04 of $60,000 and approve contract
extension for FY 04-05 in the amount of $112,500.
Recommended Action: Authorize and approve contract.
Requested by: City Manager
6.8 Adopt Resolution No. 2004 -XX: Confirming the Appointment of
Special Representatives to the Board of the San Gabriel Valley
Council of Governments.
Recommended Action: Adopt.
Requested by: City Council
6.9 Amendment to a Consulting Services Agreement with Gary L. Neely
for Governmental Affairs Consulting Services.
Recommended Action: Approve.
Requested by: Planning Division
6.10 Approve Cost -Sharing Agreement between Walnut Valley Water
District (WVWD) and the City of Diamond Bar for Slope Erosion
Repairs within City -owned Property situated between WVWD's
Eastgate Reservoirs Site and the Residential Property at 828 Pantera
Dr. and Authorize the City Manager to Execute the Agreement.
Recommended Action: Approve.
Requested by: Public Works Division
6.11 Approve Amendment No. 1 to a Professional Services Agreement
with BonTerra Consulting in an amount not -to -exceed $15,425 for
preparation of and EIR Report for proposed Vesting Tentative Tract
Map No. 53670 (Horizon Pacific/JerryYeh).
Recommended Action: Approve.
Requested by: Planning Division
6.12 Adopt Resolution No. 2004 -XX: Adopting the Statement of
Investment Policy.
Recommended Action: Adopt.
June 15, 2004 PAGE 5 City Council
Requested by: Finance Division
6.13 Approve Amendment No. 1 to a Professional Agreement with
BonTerra Consulting in an amount not -to -exceed $77,610 for
preparation of an EIR for proposed Vesting Tentative Tract Map No.
53430 (Stanley Chung).
Recommended Action: Approve.
Requested by: Planning Division
6.14 Adopt Resolution No. 2004 -XX: Setting Forth Personnel Rules and
Regulations for City Employees and rescinding Resolution No. 2003-
45 in its Entirety.
Recommended Action: Adopt.
Requested by: Finance Division
6.15 Adopt Resolution No. 2004 -XX: Opposing California State Assembly
Bill 2406 (Bermudez): Fire Protection which would mandate
conformity to specific response times, staffing objectives, and
reporting requirements for Fire Departments.
Recommended Action: Adopt.
Requested by: Legislative Sub -Committee
6.16 Adopt Resolution No. 2004 -XX: Supporting California State
Assembly Bill 1802 (Bogh): Illegal Dumping: Penalties which would
increase the monetary fines for illegal dumping of solid waste.
Recommended Action: Adopt.
Requested by: Legislative Sub -Committee
7. PUBLIC HEARINGS: None
8. COUNCIL CONSIDERATION:
8.1 (a) Adopt Resolution No. 2004 -XX: Approving and Adopting a
Budget for the Fiscal Year Commencing July 1, 2004 and
Ending June 30, 2005, Including Maintenance and Operations,
Special Funds and Capital Improvements and Appropriating
Funds for Accounts, Departments, Divisions, Objects and
Purposes therein set forth.
June 15, 2004 PAGE 6 City Council
Recommended Action: Adopt.
(b) Adopt Resolution No. 2004 -XX: Setting the Proposition 4
(Gann) Appropriations Limit for Fiscal Year 2004-2005 for the
City in accordance with the provisions of Division 9 of Title 1 of
the Government Code.
Recommended Action: Adopt.
c) Adopt Resolution No. 2004 -XX: Establishing Salary Ranges
for all classes of employment effective the pay period
commencing July 1, 2004; and, rescinding Resolution No.
2003-43 in its entirety.
Recommended Action: Adopt.
Requested by: Finance Division
8.2 Consideration of an Advisory Committee for the City of Industry
Business Center Project.
Recommended Action: Direct staff as appropriate.
Requested by: Planning Division
9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT: Tonight's meeting will be adjourned in memory of our 401h
President, Ronald Reagan.
Agenda No. 6.1.1
CITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION
JUNE 1, 2004
STUDY SESSION: Mayor Zirbes called the Study Session to order at
3:44 p.m. in Room CC -8 of the South Coast Air Quality Management
District/Govemm ent Center, 21865 Copley Dr., Diamond Bar, CA.
Present: Council Members Chang, Huff, O'Connor, Mayor Pro
Tem Herrera and Mayor Zirbes.
Staff Present: Linda Lowry, City Manager; David Doyle, Deputy City
Manager; James DeStefano, Deputy City Manager; Bob Rose, Community Services
Director; David Liu, Public Works Director; Linda Magnuson, Finance Director; April
Blakey, Public Information Manager; Susan Full, Senior Accountant, and Tommye
Cribbins, Deputy City Clerk. Michael Jenkins, City Attorney arrived at4:07 p.m.
Economic Development Planning Review
Review of Proposed FY2004-2005 Draft Budget
Public Comments
Economic Development Planning Review
CM/Lowry said that staff hoped this would be a continuation of the May 18
discussion with a brief review for C/Chang who was absent forthat meeting.
Short Term Project Potentials (2 -years):
Calvary Chapel and Site D:
DCM/DeStefano stated that in addition to the previous staff report and Kosmont
materials, Council packets included materials representing the primary focus on
short-term projects at ICSC. Staffs proposal was to work through the short-term
priorities to make certain that staff continued to work in concert with Council's
wishes on the key sites and related types of land uses. Additionally, staff seeks
direction on the long-term projects listed.
With respect to the short-term project, Lewis continues to move forward with a
big -box retail development on the Calvary Chapel property. During meetings last
week at ICSC with Home Depot, Lewis presented them with a new proposal.
Home Depot will present their alternative response to Lewis late this week or
early next week. Due to a family emergency, Target executives canceled all
meetings at ICSC. Lewis will be flying to Minneapolis to talk with Target officials
late this week or early next week. Along with Lewis, staff continues to pursue a
big -box retail for the Calvary Chapel property. He asked for Council's
concurrence.
JUNE 1, 2004 PAGE 2 CC STUDY SESSION
M/Zirbes said he was fine with the concept. The changes in uses occur because
of one-on-one conversations with individual City Council members. D.B. needs
that type of retailer and if it takes that location to capture that retailer, so be it.
There are certain things that he would like to have the City bring in and he was
not particularly set on any specific locations for those types of businesses. He
wanted the corner developed appropriately and would be okay if the City ended
up with a higher intensity use forthe Calvary Chapel property.
MPT/Herrera said that when they spoke with Larry Kosmont and others at ICSC
it became apparent that others were wo oing the same businesses D.B. was
attempting to attract into the City. If Council vacillates on this issue it will be
difficult, if not impossible, to get the job done and the businesses will go
elsewhere. Council needs to make decisions and give clear direction to staff and
their consultants to provide the means to approach businesses with a definite
agenda.
C/O'Connor said she voiced her opin ions during the May 18 Study Session.
C/Chang said he totally agreed with staff s proposal for the Calvary Chapel site.
He concurred that Council needed to wo rk as a cohesive body with Lewis to
attract the appropriate businesses such as Home Depot and Target.
C/Huff reiterated that his first priority for the Calvary Chape I would not be Home
Depot but he would accept whatever business would generate the most dollars.
At ICSC he was impressed with the fact that cities needed to move when
opportunities presented themselves.
M/Zirbes stated that Council consensus was that if Lewis presented the proposal
they have been considering for the past year it would be acceptable. The
distraction came from the conversation that Lewis had brought to the table. While
the alternate Lewis plan called for moving the big box retailer down to the south
end of town on Site D and creating a destinat ion or "lifestyle" type of a complex
on the Calvary Chapel site, a big box retailer was necessary to the financial
future of the community. Hefelt it was more a call by Home Depot and Target to
decide rather than the Councils' decision. Sometimes he was confused about
what staff wanted to see at the Calvary Chapel location. He felt that Council had
been "walking the road" that the developer wanted. His personal opinion was that
a less intense development that would deliver components the City needed for
the Calvary Chapel site along with reality for Site D big box retailers would
definitely locate there and would be a way to capture revenue off of the Calvary
Chapel corner in the meantime.
C/O'Connor asked if Lewis intended to put a Home Depot in at the Calvary
Chapel property and a Target at Site D?
DCM/DeStefano said that staff was looking to the Calvary Chapel location for the
highest sales tax performing uses because itwas available and ithad expenses
JUNE 1, 2004 PAGE 3 CC STUDY SESSION
related to preparation for Home Depot or Target and the Church and some of the
other proposed uses. Site D was closer to the freeway, a 20 net acre piece of
property but it had hundreds of thousands of extra yards of earth on the site that
would need to be moved in order to build out. To put a box of any size and a flat
parking lot on the site would mean moving enormous amounts of earth. Thus,
Site D was a couple of year s behind the Calvary Chapel site in terms of potential
development and consequently, remained in the mid-term category. The national
director of Target told DCM/DeStefano that Site D was his lowest priority site in
this area and that his number one site was Kmart. However, getting Kmart off of
the site was very problematic. Absent Kmart, the next priority was the Calvary
Chapel site or the Majestic site at Grand Ave. and Valley Blvd. Acouple of years
ago Home Depot was looking at Site D. In recent months they have spoken only
to the Calvary Chapel site. The latest from Lewis regarding Site D is that they are
not looking to place a big box at that location. Staff told Lewis that was not
acceptable. Lewis was looking at 14 to 15 acres of residential and 5-6 acres of
retail commercial (neighborhood shopping center). Staff told Lewis it was never
the intent for Site D and that it was not an acceptable use. Staff does not see Site
Din the short term and does notview itas aTarget ora Home Depot sitebased
on current information.
M/Zirbes asked if the City could say to the developer that "lifestyle" was not
appropriate atthe Calvary Chapel location?
CM/Lowry said No, based on what the Council had said.
C/O'Connor said she had not seen a "lifestyle" plan from Lewis.
M/Zirbes said during a conversation he had with Lewis they talked about taking
the big box to Site Dand putting a Brea Birch Street at the Calvary Chapel site.
C/O'Connor agreed with C/Huff that her first choice was not to have a Home
Depot at the Calvary Chapel site but reality dictated the Council's need to move
forward with a sales tax generator such as Home Depot. Consequently, Council
would have to take the political heat for putting a Home Depot at that location but
what choice did the Council have?
M/Zirbes said what if Lewis came to the City and said he could not capture
Target, Home Depot or Kohl's but could capture a "lifestyle" concept. Would the
Council want to firmly sit on the theory of placing the highest tax producing
business at Calvary Chapel instead of moving into, in the short term, a "lifestyle"
center with movie theaters, shops, etc?
CM/Lowry suggested the Council go back to the original idea of allowing
residential units to be built on non-resident ial property. The hospital piece was not
originally intended for housing. So, the concept was that the City would consider a
Lewis housing development as a trade-off for sales tax generators. Now it had morphed
JUNE 1, 2004 PAGE 4 CC STUDY SESSION
into housing and smaller sales tax generator s in order to improve the consumers'
quality of life. As a result, the compromise had been further compromised.
C/O'Connor asked if Target could go on the hospital site.
DCM/DeStefano explained that it could physically fit butthe property was narrow
and long and Target would never locate a store there.
C/O'Connor wondered if Target would locate there if Home Depot were there.
DCM/DeStefano felt itwould not befeasible because itwas a very difficult site.
C/Huff said the property had been for sale for some time and there was never
any interest and that the interest was in the Calvary Chapel site not the hospital
site.
C/Chang felt initial discussions were that D.B. wanted to maximize the Calvary
Chapel location because it was the best site in the City with the biggest question
being the matter of ingress/egres s. The City has no redevelopment money and is
surrounded by big -money cities. D.B. promised the community it would use the
bond money that had been sitting for a year. If the City took no action, why did it
issue the bond? He felt that the first priority was to improve the quality of the
community. However, if the City could use the bond money to increase the sales
tax revenue it would be a bonus and if the City focused on a better quality
community instead of sales tax generation, the coffers would be drained. If the
quality could be improved at the same time that the City increased its sales tax
revenue that would be the best scenario but if D.B. did not take a Home Depot
some other City would. He felt if Home Depot were properly designed and
maintained it would be an acceptable store. And, almost every Home Depot
generates $750,000 revenue every single year. It would be good to have a
Target but the City should keep Home Depot in its sights.
MPT/Herrera believed that everyone wanted a good image for the City and
everyone had dreams and visions of what they would like but practically
speaking, the City was looking at a $400,000 annual deficit with the loss of two
businesses and an additional $400,000 to help the state balance its budget for
the next two years. Also, the City had increased expenses with the Diamond Bar
Center for a total $1 million deficit. Accordingly, Council needed to take the bull
by its horns, accept what came to the City and stand firm on its decision.
DCM/DeStefano mirrored staff's understanding to move forward to attract the
highest sales tax producers for the Calvary Chapel site. In addition, staff
proposed to include a sit-down lunch and dinner restaurant on the comer, no fast
food. In terms of the small retail (15,000 — 25,000 square feet), either tax
generating in-line restaurants or retail, not service oriented uses such as a State
Farm Insurance office. Hereported that Calvary Chapel was moving forward with
their sanctuary, bookstore and coffee shop that would generate tax to the City.
JUNE 1, 2004 PAGE 5 CC STUDY SESSION
Country Hills Town Center Site:
DCM/DeStefano turned to the Country Hills Towne Center stating that Mr.
McCarthy was moving forward with his redevelopment having completed at his
own expense the required traffic and market studies. Mr. McCarthy submitted a
detailed package to the City and the project would be before the Planning
Commission in about 45 days. McCarthy talks about putting in a restaurant or
retail on the pad in front of the Globe Theatre, replacing the theater with a
hardware store, and an outdoor garden area facing Fountain Springs in the small
parking lot of the theater. McCarthy is looking to mix up the "mom and pop"
monthly rentals and possibly remove severa I of them, particular ly the low volume
and low sales tax producing businesses. McCarthy is working with Henry's or
other full service grocery store for the grocery site. Adjacent to the grocery store
McCarthy proposes a 65,000 sq. ft. four-sto ry medical-orien ted office building,
slightly larger than the old City Hall. Staff will take a closer look at concerns about
competition for parking from adjacent businesses. McCarthy is talking with AAA
about moving the Auto Club into the ground floor of the office building so that he
could redevelop their current location. The reason McCarthy proposes a four-
story office building is so that it could project above the car wash and be seen
from Diamond Bar Blvd. McCarthy proposes a Coco's Restaurant, a Sharkie's
Mexican Grill and It's a Grind or somethi ng similar close to where the Auto Club
is currently located. In addition, he proposes to re-sign, re -landscape, and re -skin
the project to make it more contemporary.
C/O'Connor was concerned that the four-story medical building would look into
the residences across Diamond Bar Blvd.
DCM/DeStefano pointed out that the entire area steps down so that residences
above look down onto the residences below and in turn the buildings in the
center. Staff talked with McCarthy about the building and the opinion the single
family homeowners would have about the tenant's peering into yards and homes
and in response, McCarthy rotated the building 90 degrees and pushed it further
away from the street so that the fewest number of wind ows on the office building
look down over the residential properties.
MPT/Herrera asked if Mr. McCarthy's targeted businesses were real or in the
dream and vision stage?
DCM/DeStefano responded that in discussing the matter with Mr. McCarthy it
was a combination of thos a he wanted, those that he had enjoyed successful
business enterprises with in other cities and those that he had talked with that
were interested in the location such as the small hardware store. Mr. McCarthy
was doing a similar project in the Phillips Ranch area.
C/Chang wondered if the City could permit Mr. McCarthy lighted signs to capture
business instead of variance fora four-story building.
JUNE 1, 2004 PAGE 6 CC STUDY SESSION
DCM/DeStefano responded that a number of considerations could be made at
the Planning Commission and Council level. The site suffers problems with
topography that does not allow buildings to be seen and it would be a matter of
producing the best packaging to obtain the necessary visibilityfor the tenants.
Council concurred to continue with the proposed Country Hills Towne Center
refurbishing project as proposed.
Walnut Valley Trailer Park Site:
DCM/DeStefano spoke about the Walnut Valley Trailer Park property.
Unfortunately, the project team of Extended Stay America withdrew their project.
The property was recently purchased and staff was attempting to renew interest
in the freeway -oriented property as a hotel/office building property with
preference being a hotel that would generate compatible and supporting
businesses. DCM/DeStefano introduced Carl Morgan, an economic development
expert who worked for other cities and had been retained by D. B. to assist the
City in use -specific and overall projects including the Walnut Valley Trailer Park
property. Mr. Morgan had a cu rrent and good relationship with the owner of the
park who was developing a retail center in another of his client cities, Glendora,
and staff hoped to instill renewed interest in development of the property. The
prior project was estimated to generate revenue in the area of $225-250,000. He
asked Council if the pursuit of such a project would be suitable to the City?
M/Zirbes asked what the property owner's interest was in moving forward in the
short or long-term?
DCM/DeStefano said the property owner told him she wanted to wait a year or
two and it was staffs intent to get her to move forward now. Mr. Morgan
explained that the property owner was out of the country until the end of this
month and hewould talk with her upon her return.
C/O'Connor asked ifthe site would be suitable for a car dealership.
DCM/DeStefano responded that the site would be large enough but typically,
dealerships wanted the synergy of being a part of a larger auto center. It could
however, suit a rental or used car dealership.
DCM/DeStefano responded to MPT/Herrera that a gas station and fast food
restaurants could locate on the site but he felt a hotel would be the key to
significant tax performance for the site.
JUNE 1, 2004 PAGE 7 CC STUDY SESSION
Mid -Term Project Potentials (3 to 5 years):
Kmart Property:
DCM/DeStefano explained that Kmart had a long-term sweetheart lease. He,
MPT/Herrera and C/Huff had a discussion with the new property owner at ICSC
last week and talked about the lease at 20 cents a sq. ft., a lease that could
continue for another 50 years. The property owner was doing everything possible
to redevelop that property with uses other than those seen today. He made
financial offers to Kmart that were rejected and was now saying he could not
afford to buy Kmart out at the asking price. The property owner offered Kmart 3.5
million dollars to walk away and Kmart was asking 6-8 million dollars. However,
he had interest from Target to locate a store there and Target indicated to
DCM/DeStefano that it was their number 1 choice as a location. The D.B. Kmart
is a very low -producing store but it is a profitable store for Kmart because it has a
ridiculously low rent. Agood Target would gross about 35-50 million dollars with
$350,000 coming to the City versus a Kmart that generated about half that
amount.
MPT/Herrera said the new property owner was very enthusiastic about re-
vitalizing the entire shopping center and was interested in acquiring a portion of
the shopping center directly above it facing Golden Springs Dr. to provide
connectivity. He was very excited about the different restaurants located on the
upper site and felt he could work toward creating a destination point for the
community. The City had at one time or another discussed all of these
possibilities but the real holdup was Kmart. The property owner's employee
suggested using a parking authority as a tool and to encourage bus usage a
parking structure could be erected and a parking authority could be created and
condemnation could be invoked. The City could look at this tool as a possibility
for removing Kmart. The Redevelopment Agency had been challenged in the
past and she felt that certain individuals in the community were waiting to launch
another challenge so she woul d hesitate to use that tool to accomplish the goal.
The property owner was enthusiastic about revitalizing the entire area, creating
connectivity between the upper and lower centers and pursuing what the City's
vision was for the center as a project area.
C/Huff said the key was eliminating Kmart.
CM/Lowry recalled that when the "Smart guys" talked about potential projects
one of the ways cities helped developers was to purchase the parking areas,
create a parking district leaving the developer to sell or lease only the remaining
area. The question would be wh ether the City could create a parking district that
would suit the configurati on of the property that this person acquired with the City
condemning portions of his property. The City would own the parking area and
would use its authority to hold the parking area.
JUNE 1, 2004 PAGE 8 CC STUDY SESSION
MPT/Herrera said specifics were not discussed with the property owner, only
Larry Kosmot whose immediate take was that Yes, the parking structure would
be located on the site where the building would be condemned.
DCM/DeStefano stated that the site could easily be a big box retail site,
entertainment center and employ other possible uses. The site with architecture
and signage was visible from the freeway and was at the crossroads of the two
freeways and one of the City's most intense areas. It would be best if it were
regionally oriented so that consumers were pulled from the freeway so it should
not necessarily be a grocery store, for example. He advised Council that Mr.
Morgan was engaged to assist the City with this site as we II as other sites. He
explained that the Council would be looking at a decision package as part of its
budget discussions tonight that called for setting aside resources to look at the
possibility of redevelopment project area. Whether or not Council decided to do
that, there was a separate resource request to look at market and fiscal analyses
for that property to help determine what might locate there.
CA/Jenkins cautioned Council to refrain from further discussion about
condemnation of property except in Closed Session.
MPT/Herrera said the property owner felt it would be a good idea to include the
commercial center across Diamond Bar Blvd in order to tie it all together as a
coordinated center.
C/Chang was pleased to hear that the property owner was willing to spend
money to refurbish the Kmart center location. He felt that the bond money could
be used to assist the property owner to accomplish his and the City's goals in the
short term.
Honda Dealership Site:
DCM/DeStefano stated that he and C/Chang met with the owner about a week
ago and were told that the dealership would likely move to the City of Industry.
They were, in a sense being forced by Honda of America to move or face
placement of a new dealership in the City of Industry and Hon da felt it had little
choice but to move. The City of Industr y was working toward moving them to the
vacant Circuit City store along the SR 60 that was owned by Industry's
Redevelopment Agency. Departure time was a bit up in the air and staff figured it
would be about a year and a half from this point when the actual move took
place. This business is a significant sales tax producer and would be difficult to
realize the same level of sales tax performance from this 2-3 acre site with
another use. The property owner had no immediate plans for the property that
could incorporate a wide group of land uses such as another auto dealership,
used car dealership, boat or motorcycle sales or hotel/restauran t, etc. that would
stand alone or piggyback on Industry businesses. Mr. Morgan had been asked to
assist on this project as well and staff proposed a decision packet in the budget
JUNE 1, 2004 PAGE 9 CC STUDY SESSION
to allow staff to commence study of the property because staff wanted to move
forward now in order to avoid dark site days.
C/O'Connor wondered about a hotel for the site.
DCM/DeStefano said a possible location was the lower pad/ca rwash portion. He
also suggested that a gas station, although not a glamorous use, would be a
large revenue generatorfor D.B.
DCM/DeStefano asked Council for input about what they would like to see atthe
site and not see at the site. DCM/DeSte fano responded to M/Zirbes that the
dealership was about 2 '/2 acres, Burger King about 1 '/2 acres and the carwash
portion about 1-1 '/2 acres for a total of about 5 acres for the entire piece.
M/Zirbes felt that because the site was already retrofitted to suit a car dealership
that would be the most likely use depending on who and what. He said he spoke
with Greg Penske about using the site for his Jaguar dealership but felt that Mr.
Penske was not interested in renewing his franchise. Another possible use was a
secondary site for his Mercedes-Benz operation. Since the improvements were
completed, it seemed most feasible to M/Zirbes that the use could easily be
transferred to another similar use and would like staff to pursue that possibility.
DCM/DeStefano said that one of the reasons he asked Mr. Morgan to assist with
that site was because of his success in assisting Glendora with development of
their auto row.
CM/Lowry reminded Council that they by approving the freeway sign, had
supported the Honda Dealer.
Site D:
DCM/DeStefano reiterated that Lewis was looking to produce residential with a
small retail area and staff conveyed to several members of the Lewis Company
that was not acceptable to the City. D.B. had looked at Site D as a potential retail
location for some time and knew the School District was selling it at a residential
price. Staff would like Council's input about what they would like to see on this
site.
M/Zirbes said that in his opinion, Site D could accomplish a variety of things
including a high-density housing component to the northeast, ingress from
Diamond Bar Blvd with secondary access across the wash, and a compliment of
entertainment/li festyle destination businesses — a movie theater, restaurant, two
or three story buildings on either side with an open courtyard area and parking
structure. And, what was the likelihood that a Lewis or some other developer
would proceed to construct such a vision? He felt the potential for community
excitement and benefit was huge.
JUNE 1, 2004 PAGE 10 CC STUDY SESSION
MPT/Herrera contemplated that if D.B. could get Home Depot for income of
about $500,000 a year and Target for about $350,000 a year and whatever other
revenue generating entities, itwould befeasib leto incorporate a "lifestyle" type
center at Site D. She would also like to see apartments over businesses
incorporated in a lifestyle type center.
M/Zirbes said that no matter what was done on Site D it would create controversy
because residents had become accustomed to seeing the area in its natural
state. The same challenge faced the Council and City with respect to a Home
Depot — what would it look like and how would it change the feel of this City that
had come to appreciate the site as open space?
C/Chang felt that Site D was the only site large enou gh in the City to incorporate
a lifestyle core. In his opinion, it would be better to place a Home Depot at the
Calvary Chapel site than on Site D. He liked the lifestyle center in Calabasas
where the Council lunched after visiting their library and felt that Site D could
fulfill that kind of vision.
CM/Lowry asked if Council, based on th e reality of the purchase price, was
willing to invest a portion of the $10 millpn to make that vision happen for Site D?
C/O'Connor wanted the City to use a portion of the $10 million for the Kmart
cen ter.
C/Chang agreed.
M/Zirbes suggested that if Lewis wanted a density of 200 units for the Calvary
Chapel site, the City could ask for a coupl a of acres or place a surcharge of
$25,000 on each of the 200 units that would generate $ 5 million to the City that it
could apply to other economic potentials such as, parking authority at Kmart,
cooperation on site Dwith revenue extraction from those units, etc, depending on
the state of the economy now and in th e future. D.B. does not need a lifestyle
center but it would be good to aspire to such a goal that would enhance the
quality of life in the City, provide entertainment and shopping for the residents
and produce revenue atthe same time.
CM/Lowry said the City's issue was about contributing to the local economy. In
the next 25 years how many entertainment centers does the City think it should
build and where should the City place them to make sure they would get the
maximum benefit? Would that be on Diamond Bar Blvd. where the primary
businesses are currently located and where the businesses would beexperience
the synergy of an entertainment draw or would it be at the golf course where the
City would have the greatest potential to bring in new ancillary businesses that
could bed spiked byan entertainment center?
M/Zirbes said that to him, the golf course was an entry statement into the
community of D.B. and by the time land became available to trade off with
JUNE 1, 2004 PAGE 11 CC STUDY SESSION
Supervisor Knabe or the County of Los Angeles — an equal amount of land he
could use for a golf course or open space, it was, he felt, so far down that road
that anything one were to contemplate for the golf course area would already be
built out in the City of Industry and other adjacent cities. The golf course is to him
a great place for everything.
C/Chang said that in order for that to happen, Site D has to happen first.
M/Zirbes said with that in mind he believed that if the Council wanted to move
forward with some type of entertainment or lifestyle complex, Site D would
present the most realistic opportunity now.
C/Chang felt that regardless of whether the City decided to move forward with
Site Das a lifestyle center, it should continue pursuing the golf course property.
C/Huff wondered if the City would want to monetarily participate in the
development of Site D when the purchaser had obviously overpaid for the
property? The tradeoff was to benefit the School District because they would use
the proceeds of the property sale in the community in a different venue that
would still benefit the citizens of D.B.
DCM/DeStefano said that through discussion Council had answered many of the
questions on staffs list.
Long -Term Projects (10 years):
DCM/DeStefano informed the Council that itwould be advisable to move forward
with the feasibility studies for long-term projects at this time while implementing
details of short-term and mid-term projects. The long-te rm project areas would be
the golf course site, Tres Hermanos, a joint venture with Chino Hills as part of the
JPA and the AERA project for possible annexation and potent ial land use.
CM/Lowry suggested that if the Counci I had a vision for the golf course, for
instance, it should be plac ed on the ballot for the community to decide whether it
was in favor of the proposed land use. That opportunity for planning and
engaging the community in the process wa s an option after the plan was created.
Her sense of urgency was to get a sense of the Council's direction to collect
information to create a plan and that staffs concern was that if the County were
able to move the golf course to another location the current site would be surplus
property which would present an entirely different thought process.
MPT/Herrera said that the Supervisor's wishes of like for like property presented
a huge hurdle to the City.
CM/Lowry further stated that staff's angst was that none of these huge hurdles
could be met if the City didn'tget started; and on that note, the budget requests
JUNE 1, 2004 PAGE 12 CC STUDY SESSION
were a starting step. Staffs eagerness was for the Council to permit staff to begin
the process.
C/O'Connor said that seven years ago the City conducted a study of the Calvary
Chapel property and nothing happened so she was concerned about getting
started only to have the process slow to a stop.
C/Chang said that in his opinion once the hurdle of satisfying the Supervisor was
overcome, the rest was technical. He recommended the Council direct staff to
come up with a proposal for a strategic plan to acquire the golf course property
and present the findings to Council for their acceptance and determination of
whether the matter should beplaced on the ballot.
MPT/Herrera said she seconded C/Chang's motion.
M/Zirbes agreed with C/Chang that the golf course property presented the City
with a unique opportunity for the community and that the City could find itself
funding the communities needs for decades and decades. Personally, he did not
like the idea of losing the greenscape that to him was a great entryway into the
City of D.B. However, if it came to fruition and he was still involved with the City
he would keep an open mind to the opportuniti es. He felt the City should at the
very least pursue some type of strategic plan to have an understanding but the
challenges were, how do you relocate the golf course and where do you put it
which then takes it to Tres Hermanos, the only available span of acreage in the
City. And how would that be accomplishe d working with the property owner? He
felt the City had no clear direction from the property owner about their vision for
the site. So, how could the City move its vision into property that was privately
owned? If there were a way to do it the City could certainly consider it even
though the 800 acres in Tres Hermanos was greater than what the City would
have along the freeway. The 800 Tres Hermanos acres were nowhere near the
value of the golf course property with respect to freeway visibility and it should be
studied for potential uses and so shoul d the AERA property. Staff should be
moving forward to provide a roadmap for Council to travel and decide at each
intersection how to proceed. As C/O'Connor earlier stated, most of these items
were placed on the Council's list of goals and objectives as items the Council
wished to have move forward.
CM/Lowry suggested that when the Council went into the budget discussion, the
items discussed tonight could be bundled for a future study session so that
Council could move forward on the general fund budget items.
Public Comments on Economic Development Planning Review:
Clyde Hennessee reiterated his desire to bring tax revenue producing business
to the City and said that D.B. could no longer afford to be casual about doing
business.
JUNE 1, 2004 PAGE 13 CC STUDY SESSION
Anna Smith felt the City needed to pursue Target and Home Depot because that
was where the majority of residents shopped. D.B. also needed sit-down
resta u ra n ts.
2. Review of Proposed FY2004-2005 Draft Budget
CM/Lowry referred Council to Page 3 of the itemized budget documents and the
$763,340 of un-appropriat ed funds out of next year's current income, about
$60,000 less than previously stated because the Pavement Management Plan
was re -budgeted out of next year's current revenues. The Decision Package
Summary Table bundled the General Fund requests in the amount of $848,010
that could be reduced by $36,400 becau se several of the Decision Package
items had already been included in the big budget document that shows a
balance of $763,000.
CM/Lowry stated that at the direction of MPT/Herrera and C/Huff (Finance
Committee) staff and the City Manager created the priorities list indicated on the
Decision Package list. On the list under Priority 1 were the following:
1) Notice to Comply with GASB 34 Governmental Accounting
Standards for Declaration No. 34 — eval uate the City's infrastructure.
2) Add Planning Manager position to full time staff to free up
DCM/Stefano to shepherd Economic Development Strategy and general
supervisory position entitled Planning Manager to take care of the
Planning and Code Enforcement duties. This position would share the
same status as Deputy Public Works Director in the current salary table.
3) Sell the 1.27 acres on Summitridge Drive to bring in $900,000 (per the
estimate of DCM/DeStefano ) to bolster the General Fund.
C/Huff asked if the City could hold out an easement for the unofficial trail from the
park to Diamond Point.
CSD/Rose responded that there used to be a connection from the upper portion
ofSummitridge Park down to the neighborhood pocket park.
C/Huff said he would prefer to have the sale proceeds go toward parks use
whether it was for trails development, Youth Master Plan or sports park.
Council concurred to sell the property and earmark the proceeds.
CM/Lowry responded that staff would proceed to sell the land and not recognize
the proceeds as revenue or appropriations but include adjustments for appraisal
and escrow.
JUNE 1, 2004 PAGE 14 CC STUDY SESSION
FM/Magnuson offered that the money could be put into the Parks and Facilities
Development Fund.
CM/Lowry encouraged Council to also consider proceeding with Priority #2
items that included the Financial System Upgrade. Since no significant
investment had been put toward financial upgrades for seven years and the
timing was correct in the evolution of the City's computer services, she felt it was
time for the City to move forward to investigate other systems and indicated that
FM/Magnuson was willing to shop systems and forward a recommendation to
Council, if approved.
CM/Lowry said the General Plan had not been updated since its 1995 approval
and there were housekeeping issues that needed tending.
DCM/DeStefano stated that certain elements such as the Land Use Element to
help deal with economic development issues need to be updated, the Noise
Element needed revitalization and other General Plan changes were necessary
to pursue possible annexation of other lands into D.B. The rough estimate for the
General Plan update was $175,000 for consultant input.
CM/Lowry stated that it would require staff time as well as legal work to Update
the Personnel Rules and Regulations to bring the job classification structure
into conformity and to eliminate inconsistencies inside the Municipal Code.
CM/Lowry reported that it would cost the City $2,100 to set up a Section 125
Benefits Plan and there would be a long-term maintenance fee of $1,300 per
year. This benefit would allow all employees to set aside pre-tax dollars for
deductible costs. Staff believed the administration would be done in-house with
Finance from Human Resource staff with an outside administrator to keep the
City on the right track and file the necessary reports.
M/Zirbes felt that this benefit was an important recruiting tool.
CM/Lowry agreed.
CM/Lowry stated that McDermott and Camph, the City's transportation
consultants recommended the SR 57/60 Interchange Improvements item. The
$50,000 request was 50 percent of the cost for a MTA preliminary study that
would permit City of Industry and D.B. staff in consultation with MTA to determine
the best solution for the St. 60 project so that when the engineers begin their
work they would have parameters. She felt that this project could give the City a
head start toward getting Caltrans and MTA to move in the right direction and
would put D.B. atthe table as equal partners with the City of Industry.
C/O'Connor pointed out that the aforementioned proposal aligned with what the
Local Governmental Services Commission was attempting to accomplish.
JUNE 1, 2004 PAGE 15 CC STUDY SESSION
CM/Lowry said that PWD/Liu explained that if the City sold an additional
$550,000 in Prop A funds the project would be an appropriate use of those
p ro ceed s.
CM/Lowry spoke about the Priority 3 items beginning with an Annual
Appreciation Luncheon and if appropriate, staff would review this item
separately at a later time. This was a recommendation form the Employee
Relations Committee. Part Time Assistance was budgeted for the City
Managers Office. She stated that the City Clerk position was open and re -
budgeted with no immediate anticipation to fill the position during reorganization
ofthe City Manager's office.
C/O'Connor asked if a high school or college intern could fill the part time
assistance positions.
DCM/Doyle said that staffs goal was to get a person from a contract agency who
would provide clerical support on a consistent basis because it was a key
position, particularly at the receptionist desk. Staff conducted interviews through
temp agencies during this current fiscal year and would propose the same
person who filled in during the past year be invited back on an as -needed basis.
C/O'Connor felt that a qualified high schoo I or college intern could provide good
service to the City.
DCM/Doyle spoke about current Message on Hold for Telephone System and
the proposed system that would advertise City programs, recreational activities,
opportunities classes, Diamond Bar Center and other things that the City offers.
C/O'Connor was personally opposed to an advertising system requiring callers to
listen to the end of message.
DCM/Doyle explained that callers would be subject to the system only when
placed on hold for a small period of time instead of hearing music.
M/Zirbes felt a "thank you for calling the City of D.B., your call is important to us"
followed by updates on Community events and activities would be better than
listening to music. He asked how the system would be updated.
DCM/Doyle responded that the system provided four updates per year and the
company would do the recording from City provided text.
MPT/Herrera agreed with M/Zirbes. She did not like the music and felt
informational tidbits would be good to listen to.
M/Zirbes felt it might be better to update the system on a monthly basis, for
example.
JUNE 1, 2004 PAGE 16 CC STUDY SESSION
PMS/Blakey said the price would then be $3,000 including startup costs and
$2,000 for 12 updates for the second year and every year thereafter.
M/Zirbes felt that for a small amount of dollars this system would lend itself to a
Council goal to improve communications with the residents. He felt a staff
member could record the updates and save the City the related costs and asked
staff to pursue the option of recording the updates in house to negate the annual
update fee.
CM/Lowry stated that staff originally looked at three components for The Pacific
Institute Training and after reviewing the reques t with the Finance Committee
staff reduced it to two components that included a re -survey of the employees to
compare with the survey conducted last year and additional time for
leader/manager training. She expressed her opinion that the item could be
eliminated but in so doing the City would lose ground on what it had tried to
accomplish. The $15,000 item for Employee Computer Purchase Loan
Program would be a revolving fund that would be reimbursed by the employees
over time and as it was reimbursed funds would become available to other
employees for purchase of computers.
In response to C/O'Connor, DCM/Doyle pointed out that this would be an
employee initiated purchase where the City would not be involved in supplying,
purchasing or maintenance warranties. The employee would purchase the
computer and present a receipt to the City for reimbursement against which the
employee would make payments until the item was paid in full. Staff would
propose working with ERC in the details.
CM/Lowry proposed that if this item were acceptable to the Council the City
would establish a "computer loan fund" and bring a resolution on the function of
the fund to the City Council for approval.
M/Zirbes asked if there was a large outcry from employees that they were unable
to purchase a computer?
FM/Magnuson responded that employees who had participated in the program
previously made the suggestion.
M/Zirbes felt companies offering low prices and zero interest purchase over time
would be more attractive to employees and wondered if there would actually be
much interest in this program.
Illuminated Street Name Signs @ Signalized Intersections with a price tag of
$200,000 for 20 intersections with 8 signs per intersection. CM/Lowry stated that
as PWD/Liu pointed out this could be done using Prop A sale proceeds.
JUNE 1, 2004 PAGE 17 CC STUDY SESSION
Priority 5 — Parks Master Plan Update: CM/Lowry told Council staff could
complete the update. Removal of Poisonous Plants from Trails in City Parks:
C/O'Connor asked if the Boy Scouts could be engaged to perform this service.
CSD/Rose said staff did not want the Boy Scouts involved. However, they
removed a large portion of poison oak at Sycamore Canyon Park. Staff was
rather amazed that troop leaders allowed them to work with the material. He
further stated that a woman who left the trail and walked into the poison oak
presented the City with a claim that was denied.
C/O'Connor said she hesitated to pass judgment on the budget items without first
looking at the Council's goals and objectives. She and M/Zirbes have new goals
to present.
With respect to the items on Page two of the Decision Packages Summarization
— Sycamore Canyon Park Improvements, First Phase of Sports Complex
Implementation, Construction of Block Walls — South Side of Pathfinder
between Evergreen Springs and Diamond Bar Blvd., staff needs to know how
these items fit into long-term plans and are these items on the list of Council's
goals.
CSD/Rose has Prop 12 and Prop 40 funds available for another phase of the
Sycamore Canyon Park Improvements that include the ADA playground, slope
erosion, and the like, but not portables and not restrooms. The first phase of the
sports complex Implementation is installation of artificial turf at one Lorbeer field,
the same field that houses the lights.
C/Huff pointed out that although itwas on staffs radar, therewas no budget item
for future repairs and maintenance for the Diamond Bar Center and that would be
one of his articulated goals.
CM/Lowry pointed out that the Diamond
net of $200,000. Although the budget
$300,000 revenue, $100,000 of the o
portion of that could be put toward 1
requested by C/Huff.
Bar Center budget includes an expected
says $600,000 for operating costs and
erating cost was not described and a
e future repair and maintenance fund
C/O'Connor was concerned that some of Council's undeclared goals could
involve general funds.
M/Zirbes asked which of her items she felt would require monies from the
General Fund.
C/O'Connor said she submitted a list in April and there had been no action on
those items. She felt the property owners should pay for a block wall on
Pathfinder since itwould reside on personal property.
JUNE 1, 2004 PAGE 18 CC STUDY SESSION
M/Zirbes said itwas intended to be in the public right-of-way
CM/Lowry asked Council if they wanted to exclude capital items from the general
budget and show a surplus to addre ss other items during the year.
MPT/Herrera suggested that all of the items listed beapprov ed leaving $250,000
for items on the Council's listof goals and that the June 15 study session would
consider the Council's goals and related costs. She felt that the difference
between the anticipated and actual bond rate payment should go into a separate
account to pay off the bonds early if the City chose to do so, a suggestion she
had previously put before the Council.
CM/Lowry asked for clarification from MPT/Herrera about including the other fees
such as the $170,000 for the Letter of Credit. She asked that at the June 15
Study Session each Department Head be al lowed to conduct a brief walkthrough
of their goal items and proposed costs for the Council's edification.
M/Zirbes asked if there were any items on the list that should be eliminated and
carried over to the June 15 meeting.
C/Chang felt the $75,000 consultant fees should be reconsidered. He suggested
that staff review what needed to be done with Council so that Council could make
an informed determination.
C/O'Connor suggested the seven-year old study could be updated. She
reiterated her desire to see the list of goals before making a decision on the
proposed decision package.
M/Zirbes was concerned that it was close to time to adopt the budget.
CM/Lowry said that staff would not be re-appropriat ing the balances in the open
purchase orders after July 1 because they would be shown as use offunds in the
current year, and that the funds would be held in reserve and the outstanding
purchase orders would be paid out of the reserve. And then if the reserve was
out of whack at the end of the year staff would ask Council to take appropriate
action. The only reason staff would be coming back to the Council regarding the
budget would be to deal with unanticipated revenues or expenditures that
required appropriation.
Public Comments regarding the Review of Proposed FY2004-2005 Draft
Budget: None Offered.
ADJOURNMENT: With no further business to come before the City
Council, M/Zirbes adjourned the Study Session to the regular meeting at 6:31
p.m.
JUNE 1, 2004 PAGE 19 CC STUDY SESSION
Linda C. Lowry, City Clerk
The foregoing minutes are hereby approved this day of , 2004.
BOB ZIRBES, Mayor
Agenda No. 6.1.2
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
JUNE 1, 2004
STUDY SESSION: Mayor Zirbes called the Study Session to order at 3:44
p.m. in Room CC -8 of the South Coast Air Quality Management District/Governm ent
Center, 21865 Copley Dr., Diamond Bar, CA.
Present: Council Members Chang, Huff, O'Connor, Mayor Pro
Tem Herrera and Mayor Zirbes.
Staff Present: Linda Lowry, City Manager; James DeStefano, Deputy
City Manager; David Doyle, Deputy City Manager; Bob Rose, Community Services
Director; David Liu, Public Works Director; Linda Magnuson, Finance Director; April Blakey,
Public Information Manager; Susan Full, SeniorAccountant; and Tommye Cribbins, Deputy
City Clerk. Michael Jenkins, City Attorney arrived at4:07 p.m.
Economic Development Planning Review
Proposed FY 2004-05 Budget Planning Session
M/Zirbes recessed the Study Session at 6:31 p.m
CALL TO ORDER: Mayor Zirbes called the Regular City Council meeting to
order at 6:45 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr.,
Diamond Bar, CA.
M/Zirbes reported that during the 3:30 p.m. Study Session, Council discussed Economic
Development Planning including short term and long-range planning for the economic
health ofthe City, and reviewed the proposed FY2004-05 budget.
PLEDGE OF ALLEGIANCE: Mayor Zirbes led the Pledge of Allegiance.
INVOCATION: Ahmad H. Sakr, Ph.D., Islamic Education Center gave
the Invocation.
ROLL CALL: Council Members Chang, Huff, O'Connor, Mayor
Pro Tem Herrera and Mayor Zirbes.
Staff Present: Linda Lowry, City Manager; Michael Jenkins, City
Attorney; James DeStefano, Deputy City Manager; David Doyle, Deputy City Manager; Bob
Rose, Community Services Director; David Liu, Public Works Director; Linda Magnuson,
Finance Director; April Blakey, Public Information Manager and Tommye Cribbins, Deputy
City Clerk.
APPROVAL OF AGENDA: Approved as presented
JUNE 1, 2004 PAGE 2 CITY COUNCIL
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 C/Chang introduced Pastor Troy Wong, Jason Ching and Kevin Hatanaka,
representing Gateway Friends Church who then presented the City with a
check in the amount of $1,341 for the Youth Master Plan.
1.3 C/Huff presented a Certificate Plaque to Gil Villavicencio, Owner, The Whole
Enchilada, for his dedication to the betterment of the City.
Mr. Villavicencio reported that hewoul d be moving to Arizona to be closer to
his daughter and would open another busine ss. He thanked the community
for 20 good years in D.B. and said the restaurant would continue to serve the
res id ents.
1041WU►I31,10111 01110*P1
1.4 MPT/Herrera presented a City Tile to Kay Shin, Owner, Continental Burger
as Business of the Month for June 2004 and displayed the business video.
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: Cont'd.
1.2 C/O'Connor presented a Certificate Plaque to Diamond Ranch High School
Principal Dave Linzey, for five years of service. Mr. Linsey will be leaving b
become a principal in Huntington Beach.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/Lowry announced
that the Pomona Unified School District's Measure JCitizens' Oversight Committee
was seeking a business community representative. Interested persons should
contact Enrique Medina, Assistant Superintendent business Services 397-4800 ext
3031 orobtain an application at Website www.PUSD.orq
Anna Smith, representing No rthminster Presbyterian Church, asked for citywide
support and City approval to launch an "Operation Gratitude" program atthe 4th of
July celebration.
Cherina Sung, 2708 Rocky Trail Road, expressed her feeling that the current library
facility did not meet the City's needs and expectations. She asked the Council to
work toward providing a larger high-tech library for the residents.
Clyde Hennessee wanted the City to bring in "income-generati ng" businesses
instead of providing "lifestyle" malls.
JUNE 1, 2004 PAGE CITY COUNCIL
RESPONSE TO PUBLIC COMMENTS:
M/Zirbes thanked Mrs. Smith for her comments and indicated that staff would be in
touch with her. He invited Ms. Sung to attend the Library Task Force meeting.
5. SCHEDULE OF FUTURE EVENTS:
5.1 PUBLIC SAFETY COMMITTEE — June 7, 2004 — 7:00 p.m., Diamond
Bar/Walnut Sheriff Station, 21695 E. Valley Blvd., Walnut
5.2 PLANNING COMMISSION MEETING— June 8, 2004 — 7:00 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr.
5.3 CALTRANS MEETING St. Rt. 57/60 Carpool Lane Project— June 9, 2004
— 6:30 p.m., Room CC -2, AQMD/Go vernment Center, 21865 Copley Dr.
5.4 TRAFFIC AND TRANSPORTATION COMMISSION MEETING —June 10,
2004 — 7:00 p.m., AQMD/Government Center Hearing Board Room,
21865 Copley Dr.
5.5 LIBRARY TASK FORCE — (3 d Meeting) —June 14, 2004 — 6:30 p.m.,
D.B. Library Meeting Room, 1061 S. Grand Ave.
5.6 CITY COUNCIL MEETING — June 15, 2004 — 6:30 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr.
6. CONSENT CALENDAR: C/Chang moved, C/O'Connor seconded to
approve the Consent Calendar with the exception of Item 6.8. Motion carried bythe
following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Huff, O'Connor, MPT/Herrera
M/Zirb es
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6.1 City Council Minutes:
6.1.1 Approved Study Session Minutes of March 16, 2004 — as submitted.
6.1.2 Approved Study Session Minutes of May 18, 2004 — as submitted.
6.1.3 Approved Regular Meeting Minutes of May 18, 2004 — as submitted.
6.2 Planning Commission Minutes — May 11, 2004 — Received and filed.
6.3 Traffic and Transportation Commission Minutes — Regular Meeting of May
11, 2004 — Received and filed:
JUNE 1. 2004 PAGE 4 CITY COUNCIL
6.4 APPROVED WARRANT REGISTERS dated May 20, 2004 and May 27,
2004 for a total amount of$767,442.12.
6.5 REVIEWED AND APPROVED TREASURER'S STATEMENT - Month of
April 2004.
6.6 REJECTED CLAIM FOR DAMAGES - filed by Fredrick Fidel on December
23, 2004.
6.7 AUTHORIZED INCREASE IN PRINTING SERVICES AGREEMENT WITH
PEPR GRAPHICS BY $7,000 FOR A TOTAL FY 2003-04 EXPENDITURE
OF $60,000.
6.9 AUTHORIZED PURCHASE OF EMERGENCY MANAGEMENT
COMMUNICATIONS EQUIPMENT IN AN AMOUNT NOT TO EXCEED
$16,000 FROM METRO MOBILE COMMUNICATIONS AND
APPROPRIATED NECESSARY GRANT FUNDS FROM HOMELAND
SECURITY GRANT FY03 PART II ($13,730) AND CALIFORNIA LAW
ENFORCEMENT EQUIPMENT PROGRAM (CLEEP) ($2,270).
6.10 (a) ADOPTED RESOLUTION NO. 2004-23 DECLARING THE CITY'S
INTENTION TOLEVY AND COLLE CTASSESSMENTS FOR LANDSCAPE
DISTRICT NO. 38 AND DIRECTED THE CITY CLERK TO ADVERTISE THE
PUBLIC HEARING BEFORE THE COUNCIL AT THE JULY 6, 2004
REGULAR MEETING.
(b) ADOPTED RESOLUTION NO. 2004-24 DECLARING THE CITY'S
INTENTION TOLEVY AND COLLE CTASSESSMENTS FOR LANDSCAPE
DISTRICT NO. 39 AND DIRECTED THE CITY CLERK TO ADVERTISE THE
PUBLIC HEARING BEFORE THE COUNCIL AT THE JULY 6, 2004
REGULAR MEETING.
(c) ADOPTED RESOLUTION NO. 2004-25 DECLARING THE CITY'S
INTENTION TOLEVY AND COLLE CTASSESSMENTS FOR LANDSCAPE
DISTRICT NO. 41 AND DIRECTED THECITY CLERK TOADVERTISE THE
PUBLIC HEARING BEFORE THE COUNCIL AT THE JULY 6, 2004
REGULAR MEETING.
ITEMS REMOVED FROM CONSENT CALENDAR:
6.8 APPROVAL OF FIVE YEAR MUNICIPAL LAW ENFORCEMENT SERVICES
AGREEMENT WITH THE COUNTY OF LOS ANGELES FOR GENERAL
LAW ENFORCEMENT SERVICES.
C/O'Connor felt that a 10 percent penalty for late payments was excessive.
CM/Lowry responded that this contract is standard for all client cities and it
takes considerable action and effort on behalf of all the cities to amend the
JUNE 1, 2004 PAGE 5 CITY COUNCIL
7
contract. Arguably, the County provides law enforcement services for client
cities and fronts those costs on behalf of the cities and she believed the
penalty was meant to encourage client cities to pay on time.
C/O'Connor moved, MPT/Herrera seconded, to approve Consent Calendar
Item 6.8. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Huff, O'Connor,
MPT/Herrera, M/Zirbes
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
PUBLIC HEARINGS:
ADOPT ORDINANCE NO. 1-A (2004); AN INTERIM ORDINANCE EXTENDING
THE TERM OF AN URGENCY ZONING ORDINANCE NO. 1(2004) REGARDING
THE MAXIMUM SIZE OF SECOND DWELLING UNITS AND GUESTHOUSES
PURSUANT TO THE PROVISIONS OF CALIFORNIA GOVERNMENT CODE
SECTION 65858 AND MAKING FINDINGS IN SUPPORT THEREOF.
DCM/DeStefano reported that on April 20 the City Council adopted an urgency
ordinance that served as interim development standards for the construction of
second dwelling units and guesthouses in the City. The ordinance modified the
current standards by reducing the size of second dwelling units and guesthouses
from a maximum of 1,200 sq. ft. to a maximum of 500 sq. ft. giving staff an
opportunity to review the ordinance for possible conflicts within the existing single
family neighborhoods. The interim ordinanc a was scheduled to expire on Friday,
June 4 unless extended by City Council action. Staff recommends that the City
Council open the Public Hearing, receive testimony and extend Ordinance No. 1-A
(2004) for a maximum often and one-half (10 '/2) months, awaiting the outcome of
pending state law.
M/Zirbes opened the Public Hearing.
There was no public testimony offered.
M/Zirbes closed the Public Hearing.
MPT/Herrera moved, C/Chang seconded to adopt Ordinance No. 1-A (2004). Motion
approved by the following Roll Call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Chang, Huff, O'Connor, MPT/Herrera,
M/Zirb es
None
None
8. COUNCIL CONSIDERATION: None
JUNE 1, 2004 PAGE CITY COUNCIL
COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBERS COMMENTS:
C/O'Connor reported onthe Contract Cities Conference attended byrepresentatives
from all Contract Cities and their emergency personnel. The County spoke about
their current budget strategies and the Police and Fire Department personnel
sponsored a survival contest during which participants donned the 75 pounds of
attire and equipment used by emergency personnel when they respond to
emergencies. She also attended various other meetings during thepast two weeks.
C/Huff gave no report.
C/Chang enjoyed participating with other cities and learned about a new and safer
product made from shredded tiresthat hewould introduce to CSD/Rose forpossible
use atthe City's parks. Hefe Itit would beespecially useful during the renovation of
the Sycamore Canyon Park playground. He assured the community that the Council
was focused short and long-term on creating projects that would increase the
income revenue for the City. Atthe same time, the Council would attempt to focus
on "quality of life" malls that featured commercial areas including restaurants,
bookstores, hotels, department stores, etc.
MPT/Herrera was pleased that the Council approved a five-year contract with the
Sheriffs Department, an entity that provides very good serviceto D.B. ata minimal
cost. She, C/Huff and DCM/DeStefano recently attended the International Counsel
of Shopping Centers Convent ion, an exciting and rewarding experience. They
worked to stimulate interest in businesses locating in D.B. During dinner one
evening they met with Council Members from the City of Pomona. The two Council
Members she spoke with agreed that the Youth Master Plan could benefit the
School Districts as well as the City. She hoped the ultimate outcome would be that
the entire City of Pomona would buy into the plan. She asked staff to send a copy of
the Youth Master Plan to each Pomona Council Member. She wished graduates a
safe and sober graduation.
M/Zirbes thanked the grads. His daughter recently completed her first year at Cal
State Fullerton and his son is in his first year at D.B.H.S. He thanked all who had
served this great country and were recognized on Memorial Day. He reported that
the Council was moving forward to establish "income-generati ng" projects on a
couple of pieces of property currently in play in the City. He asked the residents to
focus on what they would like to see in the way of businesses in the community,
keeping in mind that the City needed to produce sales tax revenue in order to
continue providing the standard of goods and services the residents had grown
accustomed to. Hecontinues to actively pursue asupermarket forthe Country Hills
Towne Centre. He asked residents to stay informed and present their ideas to the
Council and asked residents to please join with the Diamond Bar Improvement
Association for the annual "Paint the Town" this Saturday commencing at7:00 a.m.
at Heritage Park.
10. ADJOURNMENT: There being no further business to conduct, M/Zirbes adjourned
the meeting at 7:44 p.m.
JUNE 1, 2004 PAGE 7 CITY COUNCIL
LINDA C. LOWRY, CITY CLERK
The foregoing minutes are hereby approved this day of 2004.
BOB ZIRBES, MAYOR
Agenda No. 6.2
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
MAY 25, 2004
CALL TO ORDER:
Chairman Nolan called the meeting to order at 7:00 p.m. in the South Coast Air Quality
Management District/Governm ent Center Auditorium, 21865 Copley Drive, Diamond Bar,
California 91765.
PLEDGE OF ALLEGIANCE:
Vice Chairman Tanaka led the Pledge of Allegiance.
1. ROLL CALL:
Present: Chairman Dan Nolan, Vice Chairman Jack Tanaka and
Commissioners Ruth Low, Joe McManus and Steve Tye.
Also present: 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 Minutes of the Regular Meeting of May 11, 2004.
C/McManus moved, VC/Tanaka seconded, to approve the minutes of the Regular
Meeting of May 11, 2004 as presented. Motion carried by the following Roll Call
vote:
AYES: COMMISSIONERS: Low, McManus, Tye, VC/Tanaka,
Chair/Nolan
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
5. OLD BUSINESS: None
6. NEW BUSINESS: None
7. CONTINUED PUBLIC HEARING(S): None
7.1 Development Review No. 2004-13 (pursuant to Code Section 22.48) is a request to
remodel and construct an approximate 713 square foot second story addition to an existing
1,205 livable square foot one story single-family residence with a two -car garage.
(Continued from May 11, 2004)
MAY 25, 2004 Page 2 PLANNING COMMISSION
PROJECT ADRESS: 20316 Flintgate Drive
(Lot 69, T28258)
Diamond Bar, CA 91765
PROPERTY OWNER: Lily W. Zheng
20316 Flintgate Drive
Diamond Bar, CA 91765
APPLICANT: Rupert Mok
829 S. Lemon Avenue #Al 1-13
Walnut, CA 91789
AssocP/Lungu presented staff's report. She reported that the City's Neighborhood
Improvement Officer visited the project site several times since the May 11 Public Hearing.
As a result, a correction notice was issued for parking a vehicle on an unpaved surface and
the violation was immediately corrected. The City Attorney's memorandum regarding issues
of family rental, parking and covenants and agreements was attached to staff's report and
stated that staff's role was to look at regulations related to land use and not the land user.
Staff concluded that this project complied with the General Plan objectives and strategies,
complied with the standards in the City's Development Code for this type of addition, met
the City's Design Guidelines and as aresult, staff again recommended Planning Commission
approval of Development Review No. 2004-13, Findings of Fact, and conditions of approval
as listed within the resolution.
Chair/Nolan re -opened the public hearing.
Bill Becker, 20311 Flintgate Drive said he did not believe the owner lived at the site. He had
no problem with a room addition, but how many more individuals would live at the
residence. He felt there would be additional parking violations if more rooms were built onto
the home and wanted to know how he could find out if the house was being rented out.
Chair/Nolan referred Mr. Becker to the opinion brought forward by the City Attorney. A
significant amount of the concerns addressed by Mr. Becker had to do with the land user
rather than land use. Chair/Nolan explained to Mr. Becker that the Planning Commission is
charged with ruling on land use and recommended that if Mr. Becker witnessed future
violations to the City's Code he call City Hall and present his concerns to Code
Enforcement.
Chair/Nolan closed the public hearing.
C/Tye appreciated the City Attorney's memorandum citing the San Diego ordinance.
However, it was not relative to the Commission's consideration tonight.
MAY 25, 2004 Page 3 PLANNING COMMISSION
C/Low said that given the City Attorney's memorandum, what was the force and effect of
the covenant and agreement to maintain a single-family residence?
Chair/Nolan recalled that DCM/DeStefano stated at the May 11 meeting that Code
Enforcement would respond to infractions and that it was clear to him that matters of land
users fell outside the auspices of the Planning Commission.
C/McManus moved, C/Tye seconded, to approve Development Review No. 2004-13,
Findings of Fact, and conditions of approval as listed within the resolution.
AYES: COMMISSIONERS: Low, McManus, Tye, VC/Tanaka, Chair/Nolan
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
9. PLANNING COMMISSION COMMENT S/INFORMATIONAL ITEMS: None
Offered.
10. STAFF COMMENTS/INFORMA TIONAL ITEMS:
10.1 Public Hearing Dates for future projects.
AssocP/Lungu stated that tonightthe Commissioners were given two exhibits forthe
proposed Grand Avenue/Golden Spring Drive project, a mixed-use project that
consists of commercial, residential, institutional and office/business park type uses.
The City had been working on this project for some time and it continued to evolve.
As a result, it was possible that other iterations would occur prior to the
Commission's review. Staff plans to present this project to the Planning Commission
at its June 22 meeting.
11. SCHEDULE OF FUTURE EVENTS:
As listed in the Agenda.
ADJOURNMENT: With no further business before the Planning Commission,
Chair/Nolan adjourned the meeting at 7:15 p.m.
Respectfully Submitted,
James DeStefano
Deputy City Manager
Attest:
Chairman Dan Nolan
Agenda No. 6.3
CITY OF DIAMOND BAR
MINUTES OF THE PARKS & RECREATION COMMISSION
HEARING BOARD ROOM OF S.C.A.Q.M.DJTHE GOVERNMENT CENTER
21865 Copley Drive
APRIL 29, 2004
CALL TO ORDER:
Chairman Grundy called the Parks and Recreati on Commission meeting to order at 7:02
p.m. in the SCAQMD/Governmen tCenter Building Hearing Board Room, 21865 Copley
Drive, Diamond Bar, California 91765.
PLEDGE OF ALLEGIANCE:
Commissioner Liang led the Pledge of Allegiance.
1. ROLL CALL:
Present: Chairman Dave Grundy, Vice Chairman Nancy Lyons, and Commissioners
Ling -Ling Chang, Benny Liang and Marty Torres.
Staff: Bob Rose, Director of Community Services; Anthony Jordan, Parks &
Maintenance Supervisor; Teresa Arevalo, Senior Management Analyst; Sara West
Recreation Supervisor Il and Marisa Somenzi, Administrative Assistant.
MATTERS FROM THE AUDIENCE: None Offered.
CALENDAR OF EVENTS: As presented in the agenda.
1. CONSENT CALENDAR
1.1 Regular Meeting Minutes for March 25, 2004.
C/Torres moved, VC/Lyons seconded, to approve the March 25, 2004
minutes as presented. Without objection, the motion was so ordered.
1.2 Approval of Minutes of April 8, 2004 Special Meeting.
C/Wang moved, VC/Lyons seconded, to approve the April 8, 2004 Special
Meeting minutes as presented. Without objection, the motion was so
ordered.
APRIL 29, 2004 PAGE 2 P&R COMMISSION
1.3 Received and Filed Transmittal of"Thank you" letter to Round Table Pizza
for its support of recreati on programs in Diamond Bar.
The Commission concurred with VC/Lyons' recommendation to have
Chair/Grundy also sign the letter.
CSD/Rose reported that staff recommended recognition of Round Table
Pizza as Business of the Month by the City Council. The business has
tentatively been scheduled for an August presentation.
2. INFORMATIONAL ITEMS
2.1 Youth Master Plan - CSD/Rose
The steering committee met last Friday to develop recommendations forthe
implementation of the Youth Master Plan. The document will be completed
after the Healthy Kids Survey taken two years ago is updated.
CSD/Rose introduced Pam Wooldridge, Research Network, Ltd. Ms.
Wooldridge stated that she was included in the consulting team for the Youth
Master Plan. Her responsibility was to design, implement and analyze the
random sample telephone survey. Her firm developed the questionnaire in
cooperation with the steering committee and task force volunteers. Once the
questionnaire was approved bythe steering committee and staff interviewing
commenced in early December and was completed shortly thereafter with a
written report to the City.
Chair/Grundy explained that the Commission had raised concerns regarding
the survey. Specifically, he was called for the survey and encountered an
interviewer who had a problem with English and difficulty reading the
questions. Hefound that his answers were repeated back incorrectly and he
had to re -repeat hisanswer on several occasions. In addition, the interviewer
misrepresented the length of the survey. All of these issues left him feeling
uncomfortable with the survey and felt that others who encountered the same
issues may have not completed the survey. He asked how many people did
not complete the survey to which Ms. Wooldridge responded she could get
the information but did not have it with her tonight.
Chair/Grundy asked if Ms. Wooldridge had statistics from other surveys and
Ms. Wooldridge responded "absolutely."
Ms. Wooldridge indicated to Chair/Grundy that Research Network targeted
and completed 450 interviews.
Chair/Grundy asked if Ms. Wooldridge had statistics regarding the
demographic of the person who abandoned the call as well as, the
demographic ofthe replacement call? Ms. Wooldridge explained that surveys
were based on random telephone numbers and the demography of the
respondents is monitored to make sure that it mirrored the community -at -
large via the census data.
APRIL 29, 2004 PAGE 3 P&R COMMISSION
Chair/Grundy felt the survey was too long and toward the end of the survey
the questions were more complex and wondered if people might have rushed
through the questions atthe end. Was there a method of measuring whether
people were beginning to give random answers? Ms. Wooldridge said she
could look to see ifthe first hundred surveys were measurably different from
the second hundred and so forth. She has never experienced that kind of
situation. She subcontracts all data collection and specifically does so
because there are professional data -collection facilities wh ich conduct these
types of survey programs 24/7 and are beneficial because they have
professionally trained interviewing staff. Secondly, the data -collection service
as Computer Aided Telephone interviewing so that the selection of the
telephone number and processing of the questionnaire is handled at the
computer sothe interviewer conducts thesurvey liveallowing the interview to
be consistent from interviewer to interviewer maintaining additional
interviewer quality. The data collection group she used in this instance isthe
same firm she has used for the past seven plus years on many different
projects. Itis a local southern California firm with the head office in Brea and
have English and non-English speaking interviewers. In the case of this
project more than a third of the community were of Asian decent and 15-20
percent were Hispanic. In those cases she likes to have interviewers
available who can address diverse speaking situations. When she received
complaints regarding the interviewers shecontacted the data -collection firm.
Atthat point 208 interviews had been completed and ofthat number there
were 50-60 that were completed by non- native English speaking interviewers
and removed those interviewers from the pool and completed the process
with only native English-speaking interviewers.
C/Chang said she was concerned about whether the City's large population
non English-speaking Asians were fairly represented in the survey.
Ms. Wooldridge responded to VC/Lyons that the interview was supposed to
be about 15 minutes in length.
VC/Lyons reiterated that the Commission would like to know how many
surveys were abandoned. She felt itwas a long survey, especially for people
with small children and wondered ifthe surveys for that group might not have
been completed. Ms. Wooldridge agreed that 15 minutes could be a long
time but it took 15 minutes to ask the full compliment of questions. In any
interview there were groups ofpeople who, based on their answers, received
a questionnaire that was shorter. In addition, the order of questions was
routinely rotated in order to avoid bias. Her experience had been that her
consultants would alert her if people were baling out on the questionnaire.
C/Torres asked ifthere was current science behind a 15 -minute long survey?
Ms. Wooldridge felt C/Torre s' concern was valid. She monitors the outcomes
of the interviews very closely on a regular basis and had found that 10-15
minutes was a typically fair length of time for an interview. Two factors
contributed to the success ofthe survey: 1)the interviewee was told up front
APRIL 29, 2004 PAGE 4 P&R COMMISSION
that this was something being done for their citygovernment and 2)this was
about their community and its youth and that it was their opportunity to
provide feedback to the city.
C/Torres asked how statistical significance was measured? Whatwas a good
ratio of calls to completion? Ms. Wooldridge responded that generally, 10-
12:1 ratio is acceptable. For 400 to 600 interviews, 4000 to 6000 telephone
numbers would be pulled and processed. Telephone numbers were not
pulled from the telephone directory because there were many unlisted
numbers. The numbers were randomly selected byusing an area prefix and
the last four numbers were then randomly generated. When calls were
generated to businesses, answering machines, modems the interviewer
weeded those out. In this case 450 households were interviewed which
generated a 4.7% error range on the random data. In other words, if every
household in D.B. were interviewed the results should not vary by more than
plus or minus 5 percentage points.
C/Torres said he would like statistics regarding the point of termination. Ms.
Wooldridge explained that the time she was given by the consultant was 15
minutes at the outset. She had not looked at the data to see if information
was available based on when exactly the interview was terminated. C/Torres
took exception with the sequencing of questions. Ms.Wooldridge responded
that the science dealt with trying not to introduce any sequencing bias bythe
order of the questions.
Ms. Wooldridge responded to C/Liang that the survey was conducted in early
December. C/Liang said he believed that during that period of the year
families were always very busy and hewondered how a 15 -minute interview
could be effective.
Chair/Grady said that the Youth Master Plan would beused to plan the City's
recreation activities for years to come. Anything that would negatively or
falsely affect the outcome of the survey would skew the recommendations
and ultimately, the overall plan. The Commission needed data that provided
a comfort level on which to base those long-term decisions.
Ms. Wooldridge explained that these kinds of surveys do not operate in a
vacuum and are accompanied bypublic wo rkshops, outreach to user groups
and community leaders. The telephone survey results were paired up against
what was heard from the community in those other arenas. If the telephone
survey and outreach programs surface oddities or flew in the face of another
public outreach block of input it wa s cause for concern and should be
explored. In this instance, that was done.
CSD/Rose confirmed that several pub licworkshops had been held and more
were scheduled. These opportunities offered public input and consultants
always compared the data.
C/Torres felt that nothing said thisevening gave the Commissioners a warm
feeling about the validity ofthe data and the Commission's concern was that
APRIL 29, 2004 PAGE 5 P&R COMMISSION
when the City was paying for this type of service there should be a high
degree of confidence in those services. Mrs. Wooldridge responded that she
had explained to the Commission that therewas ahigh degree of confidence
in the data based on her 30 -years ofsery ice. She was sorry that she had not
been able to alleviate the Commissioners' concerns and she hoped that the
data on the disposition report ofthe interviews would assist the Commission
in becoming more comfortable with the data.
VC/Lyons asked ifthere was a breakdown according to age ofchildren in the
households? Ms. Woodridge responded that the information was contained in
th a rep o rt.
2.2 Recreation Program Report — RSII/West
C/Chang asked why C/Chang decided to donate funds for one additional
"Concerts in the Pa rk" co n cert? RSIIAN est exp Iained thatC/Chang offered to
donate the funds during the Council meeting. CSD/Rose explained that the
Council voted to add a concert if donor paid the cost. During the discussion
C/Chang offered to donate the $2400. Ultimately, Council approved a motion
to add the concert only if a donor could be found to pay the cost of the
concert.
Chair/Grundy proposed the Commission write a thank you to C/Chang.
C/Torres felt men's softball could be eliminated. CSD/Rose indicated that
RS/Wright suggested a Sunday co-ed program that was included in next
year's budget. The Wednesday night adult league no longer existed.
Chair/Grundy asked on average how many showed up to play table tennis.
RSII/West guessed that about 25 players participated during the course of an
even in g.
RSII/West confirmed to Chair/Grundy that 126 members of the Youth Track
Meet out ofthe 188 registered participants were moving onto the next level.
RSII/West responded to VC/Lyons that the Diamond Bar Center was not
designed to allow cooking and that such classes would have to be booked at
CalPoly Pomona. VC/Lyons wanted to know the deadline for fall classes
because she wanted to schedule a "Read Together Diamond Bar" cooking
class. She asked how registration for summer day camp was proceeding.
VC/Lyons felt the Diamond Bar Center computer program was excellent. She
thought the City Birthday Party was a very, very good event and understood
it was very challenging because of the rain. Everyone had a good attitude
and staff was to be commended for staying with the program. She liked the
new layout.
CSD/Rose explained that when the Diamond Bar Center was designed, it
was intended to have cooking available for classes and not for other uses.
The intent was to use "Small ware" that could be used to heat without flame
and the plan had not yet been implemented. RSII/West would look into the
APRIL 29, 2004 PAGE 6 P&R COMMISSION
matter and report back to the Commission.
2.3 Diamond Bar Community Foundation Oral Report - C/Torres.
C/Torres reported that during this month's meeting new members were given
a general overview of the Foundation. The Board was working to define its
mission and goals for fundraising. The three areas under consideration for
fundraising possibilities were 1) arts, 2) sports and recreation and 3) social
and cultural diversity. There was also discussion about changing the bylaws
to make it easier to reach a quorum and provide operational changes that
would aid in the efficiency of the Foundation.
2.4 C.I.P. Program Report - CSD/Rose
Diamond Bar Center
CSD/Rose reported that the Center had already exceeded revenue
goals of $170,000 for the year prompting an increase in fees and
revenue goals to $315,000 for 2004/05 Fiscal Year. He reported that
the City recently hired Bryan Petroff from Brea as its new Parks &
Maintenance Supervisor to be in charge of the Diamond Bar Center.
In response to C/Chang, CSD/Rose indicated that seniors could use
Dial -a -Cab at a cost of 50 cents each direction. There was an effort
afoot to get transit companies to pl ace the Center on their routes and
that accordingly, the roadway and turning channels were designed to
accommodate full-length buses.
Trail Development at Sycamore Canyon Park
C. Peterson and Pantera Park Improvements
Sycamore Canyon Park Improvements - Phase II Update.
CSD/Rose reported that he, CM/Lowry and DCM/DeStefano met last
week and discussed Phase III improvements that included the Tot Lot,
retaining wall replacement, access from the lower level to the upper
level, patio area and portable build ing improvements. The discussion
centered on the projects currently in the works and the limited
resources that could be directed to those projects. As the City
continues to grow, either hiring new management staff or redirection
of resources must occur. As a resu It, staff looked at the possibility of
moving some of the programs to the YMCA, for instance, for
administration and moving the portable building to the Sunset
Crossing location and leaving Sycamore Canyon Park in its natural
setting. Ifthat happened, the other improvements such asthe Tot Lot,
Patio area and retaining wall would be completed. At some point in
the future when the City has the resources to construct a more
suitable building, it could be constructed as a nature center, for
instance, with classrooms and other amenities originally
APRIL 29, 2004 PAGE 7 P&R COMMISSION
contemplated. CSD/Rose further reported that staff istalking with the
Walnut Valley Unified School District about the possibility of using
their storage yard instead of the backof Sycamore Canyon Park as
the City's Storage Yard. Long term, if Caltrans vacated their facility
on Golden Springs Drive the City would move its storage items to that
facility.
C/Chang asked why political signs were stored in the unit at
Sycamore Canyon Park. CSD/Rose responded that Code
Enforcement takes down illegally placed signs and store them at the
park for a period of time or until candidates retrieve them.
CSD/Rose responded to C/Torres that the City is offering day camp
this year.
2.5 Sports Complex Task Force update — C/Torres and Chair/Grundy
C/Torres reported that the Task Force completed its draft report and
forwarded itto staff for presentation to the City Council.
2.6 City Birthday Party Committee update — VC/Lyons.
VC/Lyons reiterated that the birthday party was wonderful and staff and
volunteers did a great job.
2.7 Parks Report — PMS/Jordan
PMS/Jordan asked other Commissioners to schedule their park walkthroughs
attheir earliest convenience.
3. OLD BUSINESS:
3.1 Consideration for Policy Regarding Use of City Equipment by Community
Groups and Private Organiza tions — RMS/Arevalo.
Deposit for rental for replacement due to damage beyond normal
wear and tear.
Staff would be responsible for checking the condition of equipment
upon its return.
Private User Category should not be pursued.
Equipment should remain in or near the City of Diamond Bar.
RMS/Arevalo reported that since this policy was drafted, staff had received a
request to rent carnival, fall fun and Snowfest games. Staff recommends
game rental foreach ofthe 12 games ata rate of$10 each with arefundable
deposit per game and a replacement value of $50 per game be included as
part of the policy and that the game rental policy together with the above
APRIL 29, 2004 PAGE 8 P&R COMMISSION
proposed policies be forwarded to the City Council for adoption.
Chair/Grundy pointed out the following typographical errors: 1) Equipment
Request Form calling for"refundable deposit' actually contains the values for
the replacement value. 2) Reword the section on equipment availability to
read: "The City of Diamond Bar makes available equipment to the community
based on non-profit. "
C/Torres offered that the equipment condition verification read: "equipment
verification upon check-out and check-in ."He further recommended that staff
should have the person checking in the equipment sign to verify staffs
comments regarding condition of the equipment.
VC/Lyons asked what "too far away" from D.B. would be and who would
decide what was "too far away?" Discussion ensued with no final
determination except to say that staff would decide.
C/Torres moved, C/Liang seconded, to recommend approval to the City
Council. Without objection, the motion was so ordered.
4. NEW BUSINESS:
4.1 Subcommittee Appointments of Commissioners .
Staff recommends appointment of two Commissioners to each of the
following subcommittees:
a. User Group Subcommittee — C/Liang and Chair/Grundy
b. City Birthday Party Subcommittee — C/Chang, VC/Lyons
4.2 Establishment ofAd hoc Committee to Review Park and Athletic Facility Use
Policy — C/Torres and C/Chang.
5. ANNOUNCEMENTS : C/Liang congratulated staff on a great Easter Egg Hunt,
City Birthday Party and the Diamond Bar Center grand opening dinner. He
expressed concern about kids getting tripped on the security lines. He thanked
PMS/Jordan for his assistance with the orchids at the City Birthday Party.
VC/Lyons thanked C/Liang for providing the orchids. She complimented
PMS/Jordan because she had never seen the Sycamore Canyon Park field look so
good. Unfortunately however, they encountered a lot of Poison Oak on the trail.
C/Chang said she was approached by a resident who asked if the City had ever
considered constructing a dog park? CSD/Rose responded that yes, the City had
discussed the possibility atthe request of another resident and the proposal was low
priority due to limited resources and the desireto serve the youth and residents first.
There are dog parks in the region. C/Chang congratulated the Cityon a fine Easter
Egg Hunt and Birthday Party.
C/Torres felt the City sponsored track meet held at Walnut High School was
APRIL 29, 2004 PAGE 9 P&R COMMISSION
excellent. He suggested the Commission discuss the possibility of a City provided
volleyball program for grade school. He read an email from Jennifer Chu emailed
him asking if the City had programs for developmentally and physically disabled
children. RSII/West said staff planned to attend the June 4th Leadership Strategies
for Inclusive Recreation seminar.
Chair/Grundy congratulated the City on its wonderful Birthday Party. Hepersonally
thanked the Community Services Department, VC/Lyons and C/Liang for their
contributions. He thanked Wen Chang for funding the additional summer concert.
ADJOURNMENT: Upon motion by VC/Lyons, seconded byC/Chang and there being no
further business before the Parks &Recreation Commission, Chair/Grundy adjourned the
meeting at 9:27 p.m.
Respectfully Submitted,
Bob Rose, Secretary
Attest:
Chairman, Dave Grundy
AGENDA No. 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
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # 6. S
Meeting Date: June 15, 2004
AGENDA REPORT
TITLE: Rejection of Claim — Filed by Pa ul and Barbara Royalty on April 16, 2004.
RECOMMENDATION: Carl Warren & Co., the City's claims administrator, recommends the City
Council reject the claim filed by Paul and Barbara Royalty.
FINANCIAL IMPACT: There is no financial implication associated with rejecting this claim. The
claim for damage is for approximately $11,942. Should the claim be successful, it will be paid by the
JPIA.
BACKGROUND: On April 16, 2004, Paul and Barbara Royalty filed a Claim for Damages with the
City alleging that roots from a City tree damaged their sewer line. Carl Warren & Co., the City's
claims administrator, determined that the claim appears to be one of questionable liability and has
recommended denial. Upon action by the City Counc il, appropriate notice shall be sent to the
claimant and Carl Warren & Co.
PREPARED BY: Tommye Cribbins, Deputy City Clerk
REVIEWED BY:
Deputy City Manager
Agenda: _6.6 _
Meeting Date: June 15, 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 COUNCI L OF THE CITY OF DIAMOND
BAR APPROVING THE INSTALLATION OF STOP SIGNS ON
PROSPECTORS ROAD AT NORTH ROCK RIVER DRIVE
RECOMMENDATION:
Approve Resolution No. 2004 -XX
FINANCIAL IMPACT:
The installation of stop signs, "Stop Ahead" signs, and pavement markings will cost
approximately $400 and will be funded by the City's signing and striping maintenance
budget allocation for FY 2003-2004.
BACKGROUND:
There have been concerns raised by residents regarding speeding along Prospectors
Road between Sunset Crossing Road and North Palo Cedro Drive. Prospectors Road
is often utilized as a "cut-thru" street by motorists traveling between Diamond Bar
Boulevard/Sunset Crossing Road to Golden Springs Drive.
Road Characteristics
Prospectors Road is a residential street with an overall length that is approximately
3,620 linear feet (from Sunset Crossing Road to the SR -60 freeway underpass). The
street width is 40 feet curb to curb . The existing speed zone is 25 mph. Lane
configuration consists of two (2) lanes with yellow center -line striping.
From Sunset Crossing Road to Eaglespur Road, the ascending grade rate on
Prospectors Road begins at approximately 1% and increases to 6% as the vehicle
approaches No. Rock River Drive. From No. Rock River Drive to Eaglespur Road, the
grade rate continues to ascend to 8%. Currently, there is a multi -way stop at
Prospectors Road and Sunset Crossing Road (approximately 658 feet to the north).
There is also a multi -way stop at the intersection of Prospectors Road and Eaglespur
Road, approximately 624 feet south of No. Rock River Drive.
Volume and Speed
The Diamond Bar speed trailer was deployed at two (2) locations. The following is a
summary of the data obtained.
Location: Northbound Prospectors Road near No. Rock River Drive
Date
April 13 and 14, 2004
Time
3:00 p.m. to 3:00 p.m.
Total Vehicles
3372
Maximum Speed
44 mph
Average Speed
28 mph
85t Percentile
132 mph
Percentage Speeding
80%
Location: Southbound Prospectors Road north of No. Rock River Drive.
Date
Apr. 14 thru Apr. 15, 2004
Time
3:00 p.m. to 3:00 p.m.
Total Vehicles
3168
Maximum Speed
47 mph
Average Speed
28 mph
85t Percentile
132 mph
Percentage Speeding
56%
Visibili
Sight distance was observed at the intersection. When looking to the north from No.
Rock River Drive, there is a clear view to Sunset Crossing Road. Looking to the south,
approaching vehicles from Eaglespur Road are obscured due to the ascending grade
plus the horizontal curves (please see attached aerial map).
Accidents
Within the previous three (3) year period, there have been no reported collision reports
atthe intersection.
DISCUSSION:
There are visibility obstructions on the south side of Prospectors Road when exiting
North Rock River Drive due to parked vehicles as well as vertical curves. Furthermore,
speeds were in excess of acceptable limits with a maximum speed of 44 mph in the
northbound direction and 47 mph in the southbound direction. Out of the total number
of vehicles traveling northbound, 80% were traveling at speeds over 30 mph. The
percentage of southbound vehicles traveling over 30 mph was 56%.
2
The request was reviewed and discussed attheTraffic and Transportation Commission
meeting of May 13, 2004. The Commission recommended the installation of stop signs
on Prospectors Road at North Rock River Drive.
PREPARED BY:
Sharon Gomez, Senior Management Analyst
REVIEWED BY:
David G. Liu James DeStefano
Director of Public Works Deputy City Manager
Attachments: Resolution No. 2004 -XX
Draft Traffic and Transportation Commission Minutes, 5/13/04
Attachment A --Aerial Map
RESOLUTION 2004 -XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
APPROVING THE INSTALLATION OF STOP SIGNS ON PROSPECTORS
ROAD AT NORTH ROCK RIVER DRIVE.
Recita I s
(i) At the public meeting of May 13, 2004, the Traffic and Transportation
Commission determined that the installation of stop signs on Prospectors Road at
North Rock River Drive will enhance and improve the public health, safety and welfare.
(ii) The Traffic and Transportation Commission recommends the installation
of stop signs on Prospectors Road at North Rock River Drive.
Resolution
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES
HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:
1. Said action is pursuant to Sections 10.08.010, 10.08.080, and 10.12.1110
of the City of Diamond Bar Municipal Code, as heretofore adopted;
2. The City Council hereby finds the public health, safety and welfare will be
best protected by the installation of stop signs on Prospectors Road at North Rock River
Drive as herein prescribed;
3. The City Council of the City of Diamond Bar hereby authorize and direct
the City Engineer to cause said stop signs to be installed.
The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 15th day of June, 2004.
Bob Zirbes, Mayor
ATTEST:
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 the 15th day of June, 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
2
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # — 67
Meeting Date: June 17, 2004
AGENDA REPORT
TITLE: Authorization to increase the current contract with The Nakoma Group by $5,000 for a
total contract authorization for FY 03-04 of $60,000 and approve contract extension for
FY 04-05 in the amount of $112,500.
RECOMMENDATION:
City staff recommends the City Council authorize the City Manager to extend the contract with The
Nakoma Group for additional services ($5,000) for a tota I contract not -to -exceed $60,000 for FY 03-
04 and approve a contract extension for FY 04-05 in the amount of $112,500.
FINANCIAL IMPACT:
There are sufficient funds available in the FY 03-04 Information Systems budget for the current year's
contract increase and sufficient funds are proposed in the FY 04-05 budget for the contract extension.
DISCUSSION:
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 functioning 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. In order to provide continue IS management services for the remainder of FY 03-04, the
Council needs to authorize an addition to the current contract in the amount not to exceed $5,000.
It is recommended that the City Counc it authorize the utilization of The Nakoma Group in FY 04-05.
City staff has been exceptiona Ily pleased with the services provided by the onsite IS manager. By
offering a contract extension, the City can continue to receive IS management services at FY 03-04
ra tes.
PREPARED BY:
Deputy City Manager
Attachment
1. Amendment Number 2 to The Nakoma Group Contract ($ 5,000)
2. Amendment Number 3 to The Na koma Group Contract ($112,500)
AMENDMENT NO. 2
TO THE CONSULTING SERVICES AGREEMENT
This Amendment No. 2 to the Agreement is made and entered into this 17th day of June, 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 ($60,000) dollars."
Section 3: Each party to this Amendment No. 2 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. 2 shall bevalid and binding. Any modification of this Amendment
No. 2 shall be effective only if it is in writing signed by the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement No. 2 as of
the day and year first set forth above:
APPROVED AS TO FORM: CONSULTANT:
The Nakoma Group
By:
C ity Atto m ey
I_VINOR1111
Dave Doyle, Deputy City Manager/Deputy City Clerk
DATE:
CITY OF DIAMOND BAR
Linda C. Lowry, City Manager
AMENDMENT NO. 3
TO THE CONSULTING SERVICES AGREEMENT
This Amendment No. 3 to the Agreement is made and entered into this 17th day of June, 2004,
between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "City") and
The Nakoma Group (hereinafter referred to as "CONSULTANT").
B. RECITALS :
(II) The CITY on January 20, 2004 entered into an Agreement, with CONSULTANT
to provide Professional Consulting Services.
(iii) The CONSULTANT submitted a proposal, a full, true and correct copy of which is
attached hereto as Exhibit "A" (Nakoma's proposal).
(iv) The CITY desires to utilize the services of CONSULTANT in FY 04-05.
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 for FY 04-05 pursuant to this Agreement shall not exceed ($112,500)
dollars."
Section 3: Each party to this Amendment No. 3 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. 3 shall bevalid and binding. Any modification of this Amendment
No. 3 shall be effective only if it is in writing signed by the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement No. 3 as of
the day and year first set forth above:
APPROVED AS TO FORM: CONSULTANT:
The Nakoma Group
By:
C ity Atto m ey
I_VINOR1111
Dave Doyle, Deputy City Manager/Deputy City Clerk
DATE:
CITY OF DIAMOND BAR
Linda C. Lowry, City Manager
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # 6.8
Meeting Date: June 15, 2004
AGENDA REPORT
TITLE: A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
CONFIRMING THE APPOINTMENT OF SPECIAL REPRESENTATIVES TO THE
BOARD OF THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
RECOMMENDATIONS:
It is recommended that the City Council adopt the Resolution.
FISCAL IMPACT:
There is no fiscal impact on the City of Diamond Bar.
BACKGROUND / DISCUSSION:
At their General Assembly in May, the San Gabriel Valley Counc it of Governments (SGVCOG or
COG) elected Mayor Pro Tem Carol Herrera to serve as Vice President of the COG during FY2005.
Her term begins on July 1, 2004. The By -Laws of the SGVCOG state that as an officer Mrs. Herrera
automatically becomes the "delegate" to the COG from the City of Diamond Bar.
Council Member Bob Huff will complete his term as President of the COG on July 1, 2004. Therefore,
he will serve as the "a Itemate delegate".
This resolution was requested by the San Gabriel Valley COG.
Prepared by:
Jim Clarke, Legislative Analyst
Attach men is
1. Resolution No. 2004 -XX confirming the appointm ents of special representatives to the San
Gabriel Valley Council of Governments
RESOLUTION NO. 2004 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
CONFIRMING THE APPOINTMENT OF SPECIAL REPRESENTATIVES TO THE BOARD OF THE
SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
WHEREAS, the City of Diamond Bar has executed the San Gabriel Valley Council of Governments
Joint Powers Agreement; and
WHEREAS, the Joint Powers Agreement for the San Gabriel Valley Council of Governments
requires that each member city appoint a Delegate Governing Board Represen tative and an Alternate
Governing Board Representative to represent the City in conducting the affairs of the San Gabriel
Valley Council of Governments; and
WHEREAS, the current Delegate is Council Member Bob Huff and the Alternate, Mayor Pro Tem
Carol Herrera; and
WHEREAS, Mayor Pro Tem Carol Herrera has been elected Vice President of the San Gabriel Valley
Council of Governments; and
WHEREAS; according to the By -Laws of the San Gabriel Valley Council of Governments an elected
officer of the COG mu st serve as the Delegate from their city.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar does hereby
resolve the following:
SECTION 1. That the City Council of the City of Diamond Bar appoints Mayor Pro Tem Carol Herrera
to serve as the Delegate to the Governing Board of the San Gabriel Valley Council of Governments.
SECTION 2. That the City Council of the City of Diamond Bar appoints Council Member Bob Huff to
serve as the Alternate Delegate to the Governing Board ofthe San Gabriel Valley Council of
Governments.
SECTION 3. That the individuals previously designate d in this resolution shall serve until replaced by
resolution oruntil they become ineligible pursuant to the terms ofthe Joint Powers Agreement ofthe
San Gabriel Valley Council of Governments.
SECTION 4. That the City Clerk shall certify the adoption of the resolution.
SECTION 5. That a certified a copy of the resolution be circulated to the following:
San Gabriel Valley COG
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # — 69
Meeting Date: June 15, 200
AGENDA REPORT
TITLE: Amendment to a Consulting Services Agreement with Gary L. Neely for
Governmental Affairs Consulting Services.
RECOMMENDATION:
Itis recommended that the City Council approve the amendment.
FISCAL IMPACT: The proposed 6- month agreement extension ($9,720) will be
expensed to the FY 2004-2005 Planning Division — Professiona I Services appropriation
and will not exceed the amount proposed in the annual budget.
BACKGROUND:
Mr. Neely is under contract with the City to provide governmental affairs consulting
services. The current contract is scheduled to expire on December 17, 2004, unless
extended. This report proposes that the contract for services be extended to June 30,
2005, and that, effective July 1, 2004, compensation to the Consultant be reduced from
the current retainer rate of $3,240. 00 per month to $1,620.00 per month.
The City Manager and City Council determine the nature and scope of the specific
services performed by this Consultant. Assigned tasks have focused upon providing
advice and consulting services to Diamond Bar City Council Members and Staff
regarding the City of Industry ownership of properties within the City and Sphere of
Influence, matters related to the Tres Hermanos Conservation Authority, area
conservancies such as the Wildlife Corridor Conservation Authority and the Rivers and
Mountains Conservancy, Municipal Utility Districts, California Water Districts, the Los
Angeles County General Plan and Significant Ecological Area revision process and
related legislative matters.
PREPARED BY:
James DeStefano
Deputy City Manager
Attachment: Amendment
AMENDMENT NO. 1 TO THE CITY'S CONSULTING SERVICES
AGREEMENT WITH GARY L. NEELY
This Amendment to the City's Consulting Services Agreement is made and
entered into this 15th day of June. 2004 , between the City of Diamond Bar, a Municipal
Corporation (hereinafter referred to as "City") and Gary L. Neely (hereinafter referred to
as "Consultant." )
A. Recitals:
(i) The City has heretofore entered into an Agreement, dated December 17,
2001, with Consultant to provide Governmental Affairs Consulting Services (hereinafter
referred to as the "Agreement.")
(ii) Consultant will provide additional "as -needed" services at the rate of
$1,620.00 per month commencing July 1, 2004, and shall continue to and including
June 30, 2005.
(iii) It is in the City's best interest to extend the Agreement for the services in
order to ensure consistency and continuity of the services already being provided by
Consultant.
NOW THEREFORE, itis agreed by and between City and Consultant:
Section 1: Paragraph No. 3 of the Agreemen t is hereby amended to read as
follows:
"3. Compensation and Method of Payment. City agrees to compensate
Consultant, and Consultant agrees to accept in full satisfaction for the services
provided for hereunder, fees on a time and material basis at the rate of $1,620.00
per month but in no event to exceed a cumulative total of $106,920.00, which
fees include all labor, materials, printing and other costs incurred in connection
with the project. Payment will be made on ly after submission of proper invoices
in the form specified by City."
Section 2:
Each party to this Amendment acknowledges that no representation by any
party, which is not embodied herein, or any other agreement, statement, or
promise not contained in this Amendment shall be valid and binding. Any
modification of this Amendment shall be effect ive only if it is in writing signed by
the parties.
Section 3:
All other terms and conditions of the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 as of the
day and year firstset forth above:
APPROVED AS TO FORM: CONSULTANT:
Gary L. Neely
13933 Laurelwood Avenue
Corona, CA 92880
BY:
City Attorney Gary L. Neely
ATTEST: CITY OF DIAMOND BAR
City Clerk Bob Zirbes, Mayor
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # 6.10
Meeting Date: June 15, 2004
AGENDA REPORT
TITLE: APPROVE COST-SHARING AGREEMEN T BETWEEN THE WALNUT VALLEY
WATER DISTRICT (WVWD) AND THE CITY OF DIAMOND BAR FOR SLOPE
EROSION REPAIRS WITHIN CITY -OWNED PROPERTY SITUATED
BETWEEN THE WVWD'S EASTGATE RESERVOIRS SITE AND THE
RESIDENTIAL PROPERTY AT 828 PANTERA DRIVE, AND AUTHORIZE THE
CITY MANAGER TO EXECUTE THE AGREEMENT.
RECOMMENDATION :
Approve the agreement.
FISCAL IMPACT:
The estimated total cost is $88,417, of which the WVWD will contribute up to, but not to
exceed $44,200, to be paid within thirty (30) days of acceptanc a of the completed project. The
project cost estimates are broken down as follows:
PROJECT PHASE
FY 03-04
FY 04-05
INTERIM REPAIRS
Budgeted Actual
Budgeted
Estimated
Design
N/A N/A
N/A
N/A
Construction
$9,000 $8,342
N/A
N/A
PERMANENT REPAIRS
Budgeted
Estimated
Budgeted
Estimated
Design, Geotechnical
Services, and Construction
Management
$25,000
N/A
N/A
$22,500
Construction
N/A
N/A
$70,000
$57,575
SUB -TOTAL
$34,000 $8,342
$70,000 $80,075
*Total Budgeted: $104,000
Total Estimated: $88,417
* Note: The difference in the amount budgeted and the amount estimated is an allowance of a
17.5% contingency for unforeseen/unant ici ated project conditions/com I ications.
Page 1 of 2
On January 20, 2004, the City Council approved approp riations in the amount of $9,000, from
Landscape Assessment District #39 (L.A.D. #39) fund balance reserves to pay for necessary
emergency/interi m repair work performed by the City's on-call contractor, MCE Corporation.
On April 16, 2004, the City Council approved appropriations, in the amount of $25,000, from
L.A.D. #39 fund balance reserves to pay for the Design, Geotechnical Services, and
Construction Management of the permanent repair work to be performed.
For FY 04-05, the proposed amount is $70,000 for the construction of permanent repairs. Of
this amount, $25,800 will be funded by L.A.D. #39 and the remaining $44, 200 will be provided
by the WVWD.
BACKGROUND:
Various slopes within the city -owned property situated between the WVWD's Eastgate
Reservoirs site and the residential property at 828 Pantera Drive have suffered slope erosion
which, in tum, has undermined existing drainage swales. The City has incurred costs for
completing interim repairs to the slopes and has prepared plans and specifications for
permanent repairs. As such, the City and the WVWD desire to collaborate in the construction
of permanent repairs and contribute equally toward the cost of the project.
DISCUSSION :
A project estimate of the tota I cost of the project, including the completed interim repairs,
design of permanent repairs, geotechnical services, construction administration/i nspection and
construction is $88,417. Of this amount, the WVWD will contribute up to, but not to exceed
$44,200, to be paid within thirty (30) days of acceptance of the completed project. To facilitate
the WVWD's project collaboratio n, an agreement which was prepared by the City Attorney,
Mike Jenkins, has been approved by both counsels.
The project schedule is tentatively set as follows:
Advertise for Bids June 16, 2004
Award of Contract July 20, 2004
Start of Construction July 30, 2004
Completion of Construction August 30, 2004
PREPARED BY:
Javier R. Peraza, Management Analyst
:7:kT/IWUT/091: Vil
David G. Liu James DeStefano
Director of Public Works Deputy City Manager
Attachments: Cost -Share Agreemen t, including Exhibits "A" & "B"
Project Site Aerial Map
Page 2 of 2
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # _6.11 _
Meeting Date: June 15, 2004
AGENDA REPORT
TITLE: Amendment No.1 to a Professional Services Agreement with BonTerra Consulting in an
amount not -to -exceed $15,425.00 for preparation of an Environmental Impact Report for
proposed Vesting Tentative Tract Map No. 53670 (Horizon Pacific / Jerry Yeh)
RECOMMENDATION:
It is recommended that the City Council approve an amendment to the agreement between the City and
BonTerra Consulting in the amount of $15,425.00.
FISCAL IMPACT: All costs associated with the preparation of the environmental analysis are the
responsibility of the developer via development processing fees paid to the City. The developer has entered
into an Agreement to provide the City with all funds necessary to process the proposed project.
3[d"Eel ZT4111►193
The City entered into a contract with BonTerra Consulting in the amount of $45,120.00 on April 4, 2003 to
prepare an Environmental Impact Report for a proposed five lot residential subdivision project located at the
terminus of Alamo Heights. As a result of modifications to the tree survey, tract map design, hydrology and
geotechnical report resulting in changes to project description, hydrology and water quality analysis, additional
meetings with City staff, the applicants landscape architect and regulatory agencies (e.g., U.S. Army Corps of
Engineers and California Department of Fish and Game), BonTerra has been directed to perform additional
tasks not previously contemplated when the contract was approved. Therefore, BonTerra has requested a
contract amendment in the amount of $15,425.00 to reflect the identified changes to the original Scope of
Work.
PREPARED BY:
James DeStefano
Deputy City Manager
Attachments:
1. Amendment No. 1
2. Request for Budget Augmentation dated March 26, 2004
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # 6.12
Meeting Date: June 15, 2004
AGENDA REPORT
TITLE: Review and approve Resolution No: 2004 -XX which adopts the FY 2004-
2005 Investment Policy.
RECOMMENDATION:
It is recommended that City Council review and approve Resolution No: 2004 -XX which
adopts the FY 2004-2005 Investment Policy.
FINANCIAL IMPACT:
None
DISCUSSION:
Submitted for Council's review and approval is the FY 2004-2005 Investment Policy and
its accompanying resolution. The proposed investment policy states the goals of the
City's investment activities, the types of investments in which the City will invest funds,
and the monthly reporting requirements.
The FY 2004-2005 Investment Policy is same as the City's prior year's investment
policy and was drafted in accordance with the Government Finance Officers Association
(GFOA) investment policy outline and model. The City as part of its investment policy,
requires all broker/dealers to complete a questionnaire and provide information on their
portfolios and investment policies. The broker/dealer questionnaire was adapted from a
questionnaire that was provided by the City's auditing firm of Conrad and Associates.
Additionally, the proposed investment policy has been reviewed and approved by the
City's auditors.
It should be noted that the City continues to invest in the State Treasurer's Local
Agency Investment Fund. The investment goals and practices of LAIF are in
concurrence with the City's investment goals and objectives. Attached, as Appendix Cis
a description of the LAIF program.
Page 2 — FY04-05 Investment Policy Report
PREPARED BY:
Linda G. Magnuson, Finance Director
REVIEWED BY:
Department Head Deputy City Manager
Attachments:
Resolution No: 2004 -XX
Investment Policy
RESOLUTION NO: 2004-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ,
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ADOPTING THE
STATEMENT OF INVESTMENT
WHEREAS, it is the City's policy to annua Ily adopt the City investment policy,
and
NOW, THEREFORE, THE CITY COUNCI L OF THE CITY OF DIAMOND BAR
HEREBY RESOLVES, that the attached Statement of Investment Policy (Exhibit A) be
adopted as presented herein.
PASSED, ADOPTED AND APPROVED THIS _____day of____________, 2004
Bob Zirbes, Mayor
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 meeting of the City
Council of the City of Dia mond Bar held on the ______day of .............. 2004, by
the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ATTEST:
Linda C. Lowry
City Clerk ofthe City of Diamond Bar
W: M"1131ir_l
CITY OF DIAMOND BAR
INVESTMENT POLICY - FY 2004-2005
PURPOSE
This Statement is intended to provide guidelines for the prudent investment of the City's
temporarily idle cash and to outline the policies for maximizing the efficiency of the
City's cash management system. The ultimate goal is to enhance the economic status
of the City while protecting it's accumulated cash.
It is the policy of the City Council to review, update and adopt the City's Investment
Policy on an annual basis.
INVESTMENT OBJECTIVE
The investment of funds of the City of Dia mond Bar is directed to the goals of safety,
liquidity and yield. The authority governing investments for municipal governments is
set forth in the Government Code, Sections 53601, et. seq.
1. S a fety. Safety of principal is the foremost objective of the investment
program. Investments shall be undertaken in a manner that seeks to ensure the
preservation of capital in the overall portfolio. The objective will be to mitigate
credit risk and interest rate risk. The City will operate only in those investments
that are considered very safe.
A. Credit Risk is the risk of loss due to the failure of the security issuer or
backer. Credit risk will be mitigated by:
Limiting investments to the safest types of securities;
Pre -qualifying the broker-dealers with which the City will do business. This
will be done via a competitive bid and the response on a questionnaire
(Appendix B) submitted by the prospective institution. In addition broker-
dealers should beprimary, registered investment securities dealers;
Diversifying the investment portfolio in order that potential losses on
individual securities do not exceed the income generated from the
remainder ofthe portfolio.
B. Interest Rate Risk is the risk that the market value of portfolio securities will
fall due to a change in general interest rates. Interest rate risk will be
mitigated by:
Structuring the investment portfolio so that securities mature to meet cash
requirements for ongoing operations, thereby avoiding the need to sell
securities on the open market prior to their maturation to meet specific
operational needs;
Operating funds will be invested primarily in shorter term securities.
PAGE 2 - Investment Policy
2. Liauidity. The investment portfolio will remain sufficiently liquid to meet all operating
requirements which might be reasonably anticipated. This is accomplished by
structuring the portfolio so that securities mature at the same time as cash is needed to
meet anticipated demands. Additionally, since all possible cash demands cannot be
anticipated, the portfolio will consist largely of securities with active secondary or resale
markets.
3. Yield. Yield is the potential dollar earnings an investment can provide and
sometimes is described as the rate of return . The primary objective of the investment
policy of the City of Diamond Bar is SAFETY. Investments shall be undertaken to
ensure the preservation of capital in the overall portfolio. The investment portfolio shall
be designed with the objective of attaining a market rate of return throughout budgetary
and economic cycles, taking into account the investment risk constraints and cash flow
characteristics of the portfolio. Return on investment is of least importance compared to
the safety and liquidity objectives described above. Investments are limited to relatively
low risk securities in anticipation of earni ng a fair return relative to the risk being
assumed. Securities shall not be sold prior to maturity unless one of the following
conditions exists: 1) a declining credit security could be sold early to minimize loss of
principal; 2) a security swap would improve the quality of yield in the portfolio; or 3)
liquidity needs of the portfolio require that a security be sold.
POLICY
As a General Law city, Diamond Bar operates its accumulated idle cash investments
under the prudent man rule. This insures that "...investment shall be made with the
exercise of that degree of judgement and care, under circumstances then prevailing,
which persons of prudence, discretion and intelligence exercise in the management of
their own affairs, not for speculation but for investment considering the probable safety
of their capital as well as the probable income to be derived." (CC #2261) This affords
the City a broad spectrum of investment opportunities, so long as the investment is
deemed prudent and is allowable under current law of the State of California and the
regulations ofthe Cityof Diamond Bar.
The City of Diamond Bar strives to maintain the level of investment of all funds as near
100% as possible, through daily and projected cash flow determinations. Cash
management and investment transactions are the responsibility of the Treasurer.
Investments are allowed in the following media:
United States treasury bills, bonds, notes or any other obligations or securities issued
by the United States treasury or any other obligation guaranteed as to principal and
interest by the United States.
Local Agency Investment Fund (state pool) - Demand Deposits
Certificates of Deposit (or Time Deposits), placed with commercial banks and/or
savings banks.
Negotiable Certificates of Deposit
Bankers Acceptances
Commercial Paper
PAGE 3 - Investment Policy
Medium Term Corporate Notes
Passbook Savings Accounts
Active Deposits
Money Market Funds comprised of investments rated in the highest category by
Moody's Investors Services Inc. or by Standard & Poor's Corporation.
Repurchase Agreements
Prohibited investments include securities not listed above(unless authorized pursuant to
section 53601 (L)), as well as inverse floaters, range notes, interest only strips derived
from a pool of mortgages (Collateralized Mortgage Obligations ), and any security that
could result in zero interest accrual if held to maturity, as specified in Section 53601.6.
(Zero interest accrual means the security has the potential to realize zero interest
depending upon the structure of the security. Zero coupon bonds and similar
investments that start ata level below the face value are legal because their value does
increase.)
Government and agency paper are the highest qua lity investments available in terms of
safety and liquidity. Certificates of deposit and savings accounts are insured or
collateralized. Only commercial paper, with A-1 Moody's and P-1 Standard & Poor's
ratings, is authorized for purchase.
Most investments are highly liquid, with the exception of collateralized and insured
certificates of deposit held by banks and savings banks. Maturities are selected to
anticipate cash needs, thereby eliminating the need for forced liquidation.
Effective January 1, 1989 the Government Code, Section 53601 states..."no investment
shall be made in any security, other than a security underlying a repurchase or reverse
repurchase agreement authorized by this section, which at the time of the investment
has a term remaining to maturity in excess of five years, unless the legislative body has
granted express authority to make that investment either specifically or as a part of an
investment program approved no less than three months prior to the investment."
Therefore longer-term investments (over one year) are limited to maturities of five years
or less unless specifically approved by the City Council.
Diamond Bar attempts to obtai n the highest yield possible when selecting investments,
provided that the criteria for safety and liquidity are met. Ordinarily, through a positive
yield curve, (i.e., longer term investment rates are higher than those of shorter term
maturities), the City attempts to ladder its maturities to meet anticipated cash needs in
such a way that longer term investments carry a higher rate than is available in the
extremely short term market of 30 days or less.
The City is authorized to invest in the Local Agency Investment Fund based upon
periodic reviews of the book to market value of the investment pool and an annual
review of the goals and strategies of the investment board. If there are changes in the
management of the Local Agency Investment Fund, and there is a conflict with the
City's investment goals, the City may elect to discontinue investment in LAIF.
It should be noted that, per LAIF's investment policy, no more than 10% of its portfolio
may be invested in Reverse Repurchase Agreements. Since these types of
investments are extremely sophisticated, the City of Diamond Bar chooses not to
individually invest in these types of securities but will participate LAIF's investment in
Page 4 - Investment Policy
these as long as the percentage of the portfolio remains at 10% or less.
POLICY CONSTRAINTS
The City operates its investment pool with many State and self-imposed constraints.
The City does not purchase or sell securities on margin.
The City does not buy stocks or eal in futures or options.
The City does not use Reverse Repurchase Agreements for the investment of funds.
The City does not invest in Guaranteed Small Business Administration (SBA) Notes.
SAFEKEEPING OF SECURITIES
The City of Diamond Bar will adopt the operational practice of having all purchased
securities physically delivered, versus payment to a safekeeping account at the City's
depository bank. It is recognized this will be to a third party independent custodian
under contractual agreement made with the Security Services Division of the chosen
bank.
Investment transactions will be authorized by the City Treasurer and executed by either
the Finance Director or the Assistant City Clerk. The transactions will be verified via
monthly reconciliations by the Senior Accountant.
REPORTING
A monthly report of investments will be provided to the City Manager. The required
elements ofthis report are asfollows:
a) Type of investment
b) Institution
c) Date of Maturity
d) Amount of deposit or cost of security
e) Current market value of securities with maturity in excess of twelve months
D Statement relating the report to the Statement of Investment Policy
g) Rate of interest
h) Statement that there are sufficient funds to meet the next six months' obligations
The basic premise underlying the City of Dia mond Bar's investment philosophy is to
insure that money is always available when needed.
Attachment: Appendix A -Description of Investments
Appendix B - Broker Dealer Questionnaire
Appendix C- Local Agency Investment Fund Description
Linda C. Lowry
City Manager
Appendix A
Description of Investments
U.S. Treasury Issues are direct obligations of the United States Government. These
issues are called bills, notes and bonds. The maturity range of new issues is from 13
weeks (T -Bills) to 30 years (T -Bonds). These are highly liquid and are considered the
safest investment security.
Federal Agency Securities are issued by direct U.S. Government agencies or quasi -
government agencies. Many ofthese issues areguaranteed directly orindirectly bythe
United States Government. Examples of these securities are Federal Home Loan Bank
(FHLB) notes, Federal National Mortgage Associations (FNMA) notes, Federal Farm
Credit Bank (FFCB) notes, Small Business Administration (SBA) notes, Government
National Bank (GNMA) notes, Federal Home Loan Mortgage Credit (FHLMC) notes
and Student Loan Association (SALLMAE) notes.
Investment in these types ofsecurities is limited to 20% of the portfolio.
Local Agency Investment Fund (LAIF) is a special fund in the State Treasury which
local agencies may use to deposit funds for investment. There is no minimum
investment period and the minimum transaction is $5,000, in multiples of$1,000 above
that, with a maximum of $20 million and increasing to $30 million on July 1, 1998 for any
agency. It offers high liquidity because deposits can be converted to cash in twenty-four
hours and no interest is lost. All interest is distributed to those agencies participating on
a proportionate share determined by the amounts deposited and the length of time they
are deposited. Interest is paid quarterly via direct deposit into the agency's LAIF
account.
The State keeps an amount for reasonable costs of making the investments, not to
exceed one-quarter of one percent of the earnings.
Certificates of Deposit are investments for inactive funds issued by banks, savings
and loans and credit unions. Investments of $100,000 are insured respectively by
Federal Deposit Insurance Corporation (FDIC), Federal Savings and Loan Insurance
Corporation (FSLIC) and the National Credit Union Share Insurance Fund (NCUSIF).
Certificates of Deposit can be issued from 14 days to several years in maturity allowing
the City of Diamond Bar's investment of funds to be matched to cash flow needs. For
deposits exceeding $100,000 the financial institution is required to collateralize with
110% government securities collateral. City of Diamond Bar does not accept 150%
Collateral (First Trust Deeds) or 105% Letters of Credit (L.C.). Section 53635.2 of, the
Government Code prohibits investments in certificates of deposits of state or federal
credit unions if any member of the city's governing or managing officers(Council , City
manager, Fiscal officers)serves on the credit union board or key committee positions.
Negotiable Certificates of Deposit are unsecured obligations of the financial
institution. These securities are generally issued in bearer form and pay interest at
maturity. Although negotiable, a strong secondary market exists only in the NCD's
issued by the largest United States banks. Examples of large banks include Bank
of America, Citibank, Chase Manhattan, Manufacturers Hanover, etc. These securities
generally trade with minimum amounts of $1 million per trade with the average trade in
the secondary market of $5 million.
Page 2 - Appendix A
Investment in Negotiable Certificates of Deposit is limited to 30% of the investment
portfolio per Government Code Section 53601.
Bankers Acceptances are short-term credit arrangements to enable businesses to
obtain funds to finance commercial transactions . They are time drafts drawn on a bank
by an exporter or importer to obtain funds to pay for specific merchandise. By its
acceptance, the bank becomes primarily liable for the payment of the draft at maturity.
An acceptance is a high grade negotiable instrument. Acceptances are purchased in
various denominations for 30 to 180 days but no longer than 180 days. The interest is
calculated on a 360 day discount basis similar to Treasury Bills.
Investment in Banker's Acceptances is limited to 40% of the investment portfolio per
Government Code Section 53601.
Commercial Paper is a short term unsecured promissory note issued by a corporation
to raise working capital. These negotiable instruments may be purchased ata discount
to par value or interest bearing. Commercia I paper is issued by corporations such as
General Motors Acceptance Corporation (GMAC), Shearson American Express, Bank
ofAmerica, Wells Fargo Bank, etc.
Local agencies are permitted by state law to invest in commercial paper of "prime"
quality of the highest ranking or of the highest letter and numerical rating as provided by
Moody's Investor's Service, Inc. or Standard &Poors Corporatio n. Purchases of eligible
commercial paper may not exceed 270 days maturity nor exceed twenty five percent of
the local agency's total investemnts.
Investment in Commercial Paper is limited to 25% of the total investment portfolio and
10% of the issuing corporation per Government Code Section 53601.
Medium Term Corporate Notes are unsecured promissory notes issued by a
corporation organized and operating in th a United States. These are negotiable
instruments and are traded in the secondary market. Medium Term Notes (MTN) can be
defined as extended maturity commercial paper. Corporations use these MTN's to raise
capital. Examples of MTN issuers are General Electric, GMAC, Citibank, Wells Fargo
Bank, etc. Investment in Medium Term Corporate Notes is limited to 30% of the
investment portfolio per Government Code 53601. Notes must berated "A" or better.
Passbook Savings Account is a certificate of deposit issued in any amount for a non
specified amount of time. Interest rate is much lower than CD's but the savings account
allows flexibility. Funds can bedeposit ed and withdrawn according to daily needs.
Mutual Funds are referred to in the Government Code, Section 53601, K, as "shares of
beneficial interest issued by diversified management companies". The Mutual Fund
must be restricted by its by-laws to the same investments as the local agency by the
Government Code. These investments are Treasury issues, Federal Agency issues,
State of California and City (within California) debt obligations, Certificates of Deposit,
Repurchase Agreements, Reverse Repurchase Agreements, Financial Futures and
Financial Options and Medium Term Corporate Notes. The quality rating and
percentage restrictions in each investment category, which are applicable to the local
agency also, apply to the Mutual Fund. Additional limitations apply to such
management companies orthei r investment advisors.
The City may not invest in a mutual fund, which invests in derivative types of products.
The purchase price of shares of mutual funds shall not include any sales commission.
Investments in mutual funds shall not exceed fifteen percent of the local agency's
investment portfolio.
Active Deposits are demand or checking accounts which receive revenues and pay
disbursements.
Money Market Funds are comprised of short term government securities, certificates of
deposit and highly rated commercial paper. Average length of maturity is twenty to fifty
days. Money Market Funds are 100% liquid at any time.
Repurchase Agreements and Reverse Repurchase Agreements are short term
investment transactions. Banks buy temporarily idle funds from a customer by selling
him U.S. Government or other securities with a contractual agreement to repurchase
the same securities on a future date. Repurchase agreements are typically one to ten
days in maturity. The customer receives interest from the bank. The interest rate
reflects both the prevailing demand for Federal Funds and the maturity of the REPO.
Some banks will execute repurchase agreements for a minimum of $100,000, but most
banks have a minimum of $500,000. Areverse-repur chase agreement (reverse-repo) is
exactly what the name implies.
The City of Diamond Bar does NOT invest in Reverse Repurchase Agreements.
Financial Futures and Financial Options are forward contracts for securities. The
government code states that a local agency may incur future contracts/option s in any of
the investment securities enumerated in Section 53601 A-N. Due to the volatility of
trading in financial futures the City of Diamond Bar does NOT invest in financial futures
offinancial options.
Derivative Products are structured products, which limits, through imbedded options,
the flow of principal and or interest to the note holder. This limitation could be on how
fast payments are received, how much principal is returned, or how high or low a
coupon can move.
Derivative is also a broad term referring to any security which derives its value from
another underlying asset.
The City of Diamond Bar does NOT invest in derivative products
APPENDIX B
CITY OF DIAMOND BAR
BROKER/DEALER QUESTIONNAI RE AND CERTIFICATION
1. Name of Firm:
2. Address:
3. Telephone: ( ) ( )
4. Broker's Representative to the City (attach resume):
Name:
Title:
Telephone: ( 1
5. Manager/Partner-in-Charge (attach resume)
Name:
Title:
Telephone: ( )
6. List all personnel who will be trading with or quoting securities to City
employees (attach resume)
Name:
Title:
Telephone: ( ) ( )
7. Which of the above personnel have read the City's investment policy?
8. Is your firm a primary dealer in United States Government Securities?
Yes No
CITY OF DIAMOND BAR
Broker/Dealer Questionnaire and Certification
Name of Firm:
Page Two
9. List the total volume of United States Government and Agency Securities for the last
calendar year.
Firm -wide $
Your local office $
No. of Transacti ons
No. of Transactions
10. Which instruments are offered regularly byyour local office?
Treasury Bills
Treasury Notes/Bonds
BA's (domestic)
BA's (foreign)
Commercial Paper
Agencies (specify):
_ CMO's
_ Bank CD's
_ S&LCD's
Repos
Reverse Repos
Other (specify):
11. References --Please identify your most directly comparable public sector clients in
our geographical area.
Entity
Contact
Telephone
Client Since
12. Have any of your clients ever sustained a loss on a securities transaction arising
from a misunderstanding or misrepresentation of the risk characteristics of the
instrument? If so, explai n. _
CITY OF DIAMOND BAR
Broker/Dealer Questionnaire and Certification
Name of Firm:
Page Three
13. Has your local office ever subject to a regulatory or state/federal agency
investigation for alleged improper, fraudulent, disreputable or unfair activities
related to the sale of securities? Have any of your employees been so
investigated? If so explai n_
14. Has a client ever claimed in writing that your firm was responsible for investment
losses? If so, explain.
15. Explain your normal custody and delivery process. Who audits these fiduciary
systems? Can you meet safekeepi ng requirements?
16. How many and what percenta ge of your transactions failed
Last month? _ Last year?
17. Describe the capital line and trading limits of the office that would conduct
business with the City of Diamond Bar.
18. Does your firm participate in the S.I.P.C. insurance program if not, explain
CITY OF DIAMOND BAR
Broker/Dealer Questionnaire and Certification
Name of Firm:
Page Four
19. What portfolio information, if any, do you require from your clients?
20. What reports, transactions, confirmations and paper trail will the City receive?
21. Does your firm offer inves tment training to your clients?
Yes No
22. Please enclose the following:
Latest audited financial statements.
Samples of reports, transactions, and confirmations the City will receive.
Samples of research reports and/or publications that your firm regularly provides
to clients.
Complete schedule of fees and charges for various transactions.
CITY OF DIAMOND BAR
Broker/Dealer Questionnaire and Certification
Name of Firm:
Page Five
***CERTIFICATION ***
I hereby certify that I have personally read the Statement of Investment Policy of the City of
Diamond Bar, and have implemented reasonable procedures and a system of controls
designed to preclude imprudent investment activities arising out of transactions conducted
between our firm and the City of Diamond Bar. All sales personnel will be routinely informed
of the City's investment objectives, horizons, outlooks, strategies and risk constraints
whenever we are so advised by the City. We pledge to exercise due diligence in informing the
City of Diamond Bar of all foreseeable risks associated with financial transactions conducted
with our firm. Under penalties of perjury, the responses to this questionnaire are true and
accurate to the best of my knowledge.
Signed
Title
Date
Countersignature * Date
Title
* Company president or person in charge of government securities
operations.
CITY COUNCIL
Agenda # _6.13
Meeting Date: June 15, 2004
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Amendment No.1 to a Professional Services Agreement with BonTerra Consulting in an amount
not -to -exceed $77,610.00 for preparation of an Environmental Impact Report for proposed
Vesting Tentative Tract Map No. 53430 (Stanley Cheung)
RECOMMENDATION:
Approve.
FISCAL IMPACT:
All costs associated with the preparation of the environmental analysis are the responsibility of the developer
via development processing fees paid to the City. The developer has previously entered into an Agreement
with the City to provide the City with all funds necessary to process the proposed project.
BACKGROUND:
The City entered into a contract with BonTerra Consulting in the amount of $140,664.00 in March 2002 to
prepare an Environmental Impact Report for a proposed 48 -unit single-family residential subdivision project
located upon an 80 -acre site at the terminus of Blaze Trail, Alamo Heights and Rocky Trail. Several
modifications to the project area boundary and tract map design have occurred since the project inception.
Additional consultant tasks have included extensive animal and plant species survey work, hydrology and
geotechnical report review, traffic study preparation and dozens of meetings between the developer, City staff
and our environmental consultant as well as additional meetings with regulatory agencies (e.g., U.S. Army
Corps of Engineers and California Department of Fish and Game). Most recently, BonTerra was requested to
prepare a Habitat Mitigation Program for the development. BonTerra has been directed to perform additional
tasks not previously contemplated when the contract was approved in March 2002. Therefore, BonTerra has
requested a contract amendment in the amount of $77,610.00 to reflect the numerous identified changes to the
originally contracted Scope of Work. The project developer is well aware of the additional Scope of Work items
and has specifically requested the City consultant prepare certain tasks.
Prepared by:
James DeStefano
Deputy City Manager
Attachments:
1. Amendment No. 1
2. Request for Budget Augmentation dated March 18, 2004
3. Request for Budget Augmentation dated June 4, 2004
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda #: 6.14
Meeting Date: June 15, 2004
AGENDA REPORT
TITLE: Resolution No. 2004 -XX, Setting Forth Personnel Rules and Regulations and Rescinding
Resolution No. 2003-45 in its Entirety.
RECOMMENDATION:
It is recommended that the City Council adopt Resolution No. 2004 -XX, setting forth personnel rules
and regulations (Rules Resolution) and rescinding the Resolution from the prior year.
FINANCIAL IMPACT:
The proposed increase to the benefit allotment is estimated to cost of $14,993. Additionally, City
Council is considering the Salary Resolution also included on this agenda, which includes the
proposed 2% cost of living adjustment (COLA) for City personnel and is estimated to be a cost of
$63,963 for a total estimated cost to the City of $78,956 for FY 04-05. These costs have been
incorporated into the FY 04-05 Municipal budget.
BACKGROUND/DISCU SSION:
The FY 04-05 proposed budget includes a benefit allotment amount change of an additional $25 per
month increasing the total amount available for Health Insurance to $795 for non-exempt employees
and $825 for exempt employees. The proposed benefit allotment change as well as additional
changes to clarify administrative language make itnecessary to amend the Rules and Regulations
Resolution as well as the Salary Resolution (separate agenda item).
Summary of Changes in the Rules Resolution:
Health Benefit Allotment- Rules Section 6
This section has been amended to increase the monthly health benefit allotment by $25. Effective
January 1, 2004, health benefit plans offered to City of Diamond Bar employees under the CalPERS
Health Program increased an average of 20%. The estimated costs of Health Benefits for 2005 are
unknown atthis time. The increase to the City's monthly health benefit allotment should help offset a
portion of increases.
Fair Labor Standards Act language - Rules Section 12
Language has been added stipulating the exempt employees are employed on a salary basis rather
than an hourly basis and therefore leave will be granted on a ILLY basis rather than hourly in
conformance with Federal law.
Vacation Time Accrual - Rules Section 13
This section has been amended to permit vacation time to be accrued to a maximum amount of 320
hours increased from a 240 -hour maximum. The rate of accrual has not been amended. This change
is recommended due to the on-going vacation scheduling dilemmas posed by a small organization
with a senior (in terms of longevity with Diamond Bar) work force.
Administrative Leave Carry-over - Rules Section 32
This section has been amended to permit eligible employees to accumulate administrative leave for a
maximum of two fiscal years rather than the one-year restriction currently in place. Administrative
leave would therefore no longer expire at the end of the first fiscal year. This change goes hand-in-
hand with the scheduling issues mentioned above.
The increase in these leave accrual maximums allows employees to continue to accrue vacation and
administrative leave in the event their work load does not permit leave to be taken in the fiscal year.
The Sections 6, 12, 13, and 32 changes have been incorporated into the Rules Resolution. The
Rules Resolution becomes effective July 1, 2004. Additions are in highlighted text and deletions are
in strikethrough text.
Kim Crews
Senior Management Analyst
REVIEWED BY:
David Doyle Linda Magnuson
Deputy City Manager Finance Director
Attachment: Rules Resolution amending Resolution No. 2004-xx with changes in highlighted text
for additions and strikethrough text for deletions to the appropriate sections.
RESOLUTION NO. 2004 -XX
RESOLUTION OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL RULES AND
REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACATIONS, LEAVES
OF ABSENCES, AND
OTHER REGULATIONS EFFECTIVE JULY 1, 2004;
RESCINDING RESOLUTION NO. 2003-45 IN ITS ENTIRETY.
1. WHEREAS, the purpose of the rules and regulations is to communicate to employees
the benefits, policies, and requirements of the job, as well as provide guidance to supervisors in the
administration of the personnel system;
2. WHEREAS, the City Council has determined that it is necessary to the efficient
operation and management of the City that rules and regulations be maintained prescribing sick
leave, vacation, leaves of absences , and other regulations for the officers and employees of the City;
and
3. WHEREAS, as the rules and regulations do not create any contract of employment,
express or implied, or any rights in the nature of a contract;
4. WHEREAS, this Resolution will become effective on July 1, 2004;
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Diamond Bar,
California, as follows:
SECTION 1. COMPREHENSIVE JOB CLASSIFICATION AND SALARY SCHEDULES
Pursuant to Ordinance 21 (1989), a comprehensive job classification and salary schedule for
authorized full-time and part-time positions shall be established upon adoption of a resolution by the
City Council.
SECTION 2. JOB CLASSIFICATIONS
For the purposes of the City's Personnel System, each position title shall correspond to a job
classification number as reflected in the job classification and salary resolution.
A. Hourly Non -benefited Positions — Job Classification Range 100-899.
These positions are classified and referenced as either seasonal or intermittent part-time.
1. Seasonal Part-time — a seasonal position is a position that is utilized up to 40 hours per
week on a seasonal or partial year basis, but not more than 1000 hours per fiscal year.
2. Intermittent Part-time — an intermittent position is a position that is utilized an average of 19
'/2 hours or less per week and no mo rethan 1000 hours per fiscal year.
B. Hourly Benefited Positions — Job Classification Range 900-999.
These positions are classified and referenced as regular part-time. A regul ar part-time position
is a position that is utilized twelve (12) months per year and works an average of 20 or more
hours per week on a year-round basis. Benefits for regular part-time employees shall be the
same as provided for non-exempt full-time employees on a pro -rated basis.
C. Full-time Non- Exempt Positions - Job Classification Range 1000-1599.
Positions in job classification range 1000-1599 are subject to the Fair Labor Standards Act
(FLSA) overtime requirements.
D. Full-time Exempt Positions - Job Classification Range 1600-1999.
The City of Diamond Bar has determined various executive, administrative and professional
employees are exempt from the overtime requirements of the FLSA. Employees in the job
classification range 1600 and above are considered exempt.
E. Executive Management Positions - Job Classification Range 2000-3999 are Executive
Management positions, which are also classified as exempt. Executive management positions
may be terminated with or without cause, at any time, at the will of the City, in its sole
d iscretion .
SECTION 3. ADVANCEMENT WITHIN THE SALARY SCHEDULE
A. New full-time and regular part-time employees shall be hired at the entry step or any step at
the discretion of the City Manager and must successfully complete a one-year probation
period. At the end of six months, the employee will be give n a performance evaluation and
shall be eligible for the next step. Every year thereafter, employees shall be given a
performance evaluation and shall move to each successive step, so long as the employee's
performance is satisfactory or above.
B. Intermittent and seasonal part-time employees shall be hired at the entry step or any step at
the discretion of the City Manager and must successfully complete a one-year probation
period. At the end of six months, the employee will be given a performance evaluation. In
order to receive a step increase, a part-time employee must complete one year of service and
worked a minimum of 500 hours.
C. An employee that has received a one-year evaluation and has reached the top step in their job
classification shall be moved to a July 1 annual evaluation date.
D. An employee shall receive their annual step increase on time regardless of supervisor's
completion of timely evaluation.
SECTION 4. PROBATION
The probationary period shall be regarded as part ofthe testing process and shall beutilized
for closely observing the employee's work to determine the employee's fitness for the position.
A. In an effort to monitor newly hired employees, the probation period for newly hired employees
is one year of actual and continuous service. Periods of time on paid or unpaid leave
exceeding five (5) days (consecutive or not) shall automatically extend the probationary period
by that number of days the employee is on leave.
B. If it is determined that the probationary shou Id be extended, the probationary employee shall
begiven notice in writing prior to the expiration ofthe original probationary period.
C. During the probationary period an employee may be rejected at any time without cause and
without the right of appeal.
SECTION 5. VEHICLE USE
A. Private automobiles are not to be used for the City business except as authorized. The City
Manager may authorize such use at the reimbursement rate equal to that set forth by the
Internal Revenue Service. Payments shall be based upon the most direct route to and from
the destination, and garage and parking expenses shall be paid in addition to the current rate,
upon submission ofpaid receipts.
B. Executive Management Employees will receive a monthly car allowance of $150 per month.
This stipend will be in lieu of any mileage reimbursement. If additional garage and parking
expenses are incurred, they are reimbursable.
SECTION 6. HEALTH BENEFIT ALLOTMENT
All designated officials, full-time employees and regular part-time employees will beprovided a
monthly allotment of PJ -Q--$795 a month (pro -rated for regular part-
time employees) which can be applied to selected benefit options as described in Section 7.
A. Members of the City Council, Executive Management and employees defined as full-time
exempt shall receive an additional $30.00 per month to be applied as described in Section 7.
B. Premiums for selected benefits options are paid from the monthly health benefit allotment as
described in section 7. The total of all premiums for selected benefits that exceed the monthly
health benefit allotment will be paid at the employees' expense as a bi-weekly payroll
deduction.
C. Employees who are not encumbering their entirehealth benefit allotment will have those funds
applied to a Section 457 deferred compensation plan offered through the International City
Management Association (ICMA). Monies in excess of the City's 457 Plan maximum shall be
paid off annually each December.
SECTION 7. HEALTH AND BENEFIT OPTIONS
A. All designated officials, full-time employees and designated regular part-time employees (pro-
rated for regular part-time employees) are eligible to receive group health, dental, vision, life,
deferred compensation, disability insurance and employee assistance program within the
City's group insurance carrier(s). The administrative cost and premiums are paid as described
below. Eligible dependents of designated officials and full-time and part-time employees are
eligible for health, dental and vision insurance.
B. Premiums for selected benefits that are not paid by the City are paid from the employee's
monthly health benefit allotment to a maximum as described in Section 6. The total of all
premiums for selected benefits that exceed the monthly health benefit allotment will be paid at
the employees' expense as a bi-weekly payroll deduction.
1. Health Plan: Designated officials and full-time and regular part-time employees and their
eligible dependents are eligible for health coverage throug h the California Public
Employees' Retirement System (CalPERS). Premiums vary depending on health plan
selected. If selected, the premium is deducted from the monthly health benefit allotment.
2. Dental Plan: Two dental plans are available to designated officials and full-time and regular
part-time employees and theireligible dependents. The
City pays for employee coverage. If dependent coverage is selected, the premium is
deducted from the monthly health benefit allotment.
3. Vision Plan: One vision plan is available to designated officials and full-time and regular
part-time employees and their eligible dependents. The City pays for employee coverage.
If dependent coverage is selected, the premium is deducted from the monthly health benefit
allotment.
4. Life/Accident al Death and Dismemberment Insurance: Life and accidental death and
dismemberment insurance is provided to all designated officials ($10,000 benefit) and full-
time and regular part-time employees ($50,000 benefit). This benefit is provided at no cost
to designated officials and full-time employees and at a pro -rated cost to regular part-time
employees. Supplemental life insurance is also available. If supplemental life insurance is
selected, the premium is deducted from the monthly health benefit allotment.
Deferred Compensation: A Section 457 deferred compensation plan is made available to all
designated officials and full-time and regular part-time employees through the International
City Management Association (ICMA). Employees not encumbering their entire monthly
health benefit allotment will have those excess funds deferred into this plan. Employees
may also elect to have additional contributions are their expense as a payroll deduction on
a bi-weekly basis. Total deferral contributions are not to exceed limits under Section 457 of
the Internal Revenue Code.
Short-term and Long-term Disability: A short-term and long-term disability benefit is
provided to all full-time and regu lar part-time employees at no cost to the employee. This
benefit provides income replacement in the event of a covered disability at 60% of salary
up to a maximum of $1500 per week. There is a 15 -day elimination period for short-term
disability.
Employee Assistance Program (EAP) — All designated officials and full-time and regular
part-time employees are eligible to receive face-to-face assessment, treatment and follow-
up to help resolve a broad range of personal, work, and family problems. Employees are
eligible to receive up to 5 -sessions of treatment with professional counselors for early
intervention and treatment at no cost the employee.
SECTION 8. STATUS OF EMPLOYMENT
All employees serve under the City Manager, pursuant to Government Code Section 34856.
Per Government Code Section 36506, nothing in thes a rules and regulations shall be construed to
provide employees with any tenure or property interest in employment.
SECTION 9. PUBLIC EMPLOYEES' RETIREMENT SYSTEM -DEFERRED
COMPENSATION
The City of Diamond Bar shall pay the employee contribution of said employee salary to the
State Public Employees' Retirement System (PERS) as deferred income.
SECTION 10. PAY PERIODS
The compensation due to all officers and employees of the City shall be paid on a bi-weekly
basis.
SECTION 11. PAY DAYS
Warrants, checks or electronic transfers in the payment of compensation shall be made
available by the City to employees and officers of the City on the Friday succeeding the close of any
given pay period. In an event that pay day falls on a holiday, all warrants, electronic transfers or
checks in payment of compensation shall be made available to the City employee on the last work
day preceding the holiday.
SECTION 12. WORKING HOURS AND OVERTIME
A. Nine (9) hours Monday through Thursday and eight (8) hours on Friday, exclusive of lunch
period, shall constitute a day's work for all full time employees participating in the 9/80 flex
plan. Employees participating in the 9/80 -flex plan will work 80 hours in a nine -day period.
Eight (8) hours, exclusive of lunch period, shall constitute a day's work for all full time
employees participating in the traditional eight- (8) hour work schedule.
B. The official work week of the City of Diamond Bar shall be Monday through Thursday, 7:30
a.m. to 5:30 p.m., and Friday, 7:30 a.m. to 4:30 p.m. It shall be the duty of each Department
Head to arrange the work of their Department so that each employee therein shall not work
more than five days in each calendar week. The City Manager may require an employee to
temporarily perform service in excess of five (5) days per week when public necessity or
convenience so requires.
1. The work period will be begin at 12:01 p.m. on Frid ay and end the following Friday at noon
for all full-time employees on a traditional schedule and all full-time employees scheduled
to be off on Fridays in accordance with the 9/80 work schedule.
2. The work period will begin at 12:01 p.m. on Monday and end the following Monday at 12
noon for all full-time employees scheduled to be off on Mondays in accordance with the
9/80 schedule.
C. Whenever an employee, other than an exempt employee, shall be required to work overtime,
beyond 40 hours per week, such person shall receive compensation for such overtime worked
atone and one-half (1 1/2) times the regular rate of pay, provided they have completed full 40
hour work week.
D. Any full time employee, other than an exempt, who is required to work on an observed holiday
beyond the regular 40 hour work week, shall be entitle d to pay at the rate of two (2) times the
regular rate of pay provided they have worked a 40 hour work week.
E. Hourly and non-exempt employees are prohibited from working overtime without express
authorization from the City Manager.
F. Employees who are exempt from the Fair Labor Standards Act (FLSA) overtime provisions are
compensated on a salary basis and only deductions from salary that are consistent with FLSA
will be made.
G. There is nothing contained within this Section to exclude the City from implementing a 4-10 or
traditional Plan attheir option.
SECTION 13. ANNUAL VACATION
The purpose of annual vacation leave is to enable each eligible employee annually to return to his or
her work mentally and physically refreshed. All eligible employees shall be entitled to annual vacation
leave with pay as follows:
A. A full time employee, pursuant to the below schedule, shall be entitled to a vacation, to be
accrued at the appropriate hours per pay period. Regular part-time employees are eligible for
vacation ata pro -rated accrual rate based upon hours scheduled to work.
YEARS OF SERVICE ANNUALVACATION ACCRUAL
1 - 5 80 hours 3.08 hours per pay period
6 — 10 120 hours 4.62 hours per pay period
11 & up 160 hours 6.15 hours per pay period
B. Vacation time may be accu mulated to a maximum of 2.4& 320 hours. Once the 2"Z40 h8CT 320 -
hour maximum accumulation is exceeded, no further vacation leave shall accrue until the
employee reduces the accumulation below the maximum.
C. The total vacation allowance shall be computed to the nearest whole day based upon the
number offull months of City service.
D. In the event one or more observed holidays follow accumulated vacation leave, such days
shall not be charged as vacation leave and the vacation leave shall be extended accordingly
for those employees eligible for such holidays.
E. An employee shall take vacation atsuch timeduring the calendar yearbased upon due regard
to the needs of the employee's services and the work schedule.
F. Employees are eligible to use vacation leave, as it is accrued and/or accumulated.
G. The time set for the vacation of the City Manager shall be subject to the approval of the City
Council.
H. Employees who terminate shall be paid the salary equivalent to all accrued and accumulated
vacation.
I. All vacation requests shall be made at least ten (10) days in advance and employee's
supervisor and City Manager must give prior approval.
J. If an employee does not request time off in advance and simply does not show up for work, the
City Manager may deny the use of vacation time or other benefit for the time off, and said
employee is subject to disciplinary action including discharge.
K. Exempt employees, for the purpose of accrual, shall be credited with previous municipal
experience, up to five (5) years of full-time service.
SECTION 14. SICK LEAVE
A. Sick leave with pay shall be accrued by full-time employees at a rate of 3.08 hours per pay
period. Regular part-time employees are eligible for sick leave and receive a pro -rated accrual
rate based upon hours scheduled to work.
B. Employees are eligible to use sick leave, as it is accrued and/or accumulated.
C. Absence or illness may not be charged to sick leave if not already accrued and/or
accumulated.
D. Each full time employee shall be paid annually for all accrued sick leave in excess of the
maximum allowable accumulation of 200 hours at a rate of one-half the employee's current
wage at the time of payment. Said payment is to be made during the month of December, or
at such other time as the City Manager may determine, at his/her absolute discretion, as
appropriate.
E. Sick leave shall be allowed only in case of necessity and actual sickness or disability of the
employee or dependent family members, as determined by the City Manager. In order to
receive sick leave with pay, the employee shall notify the supervisor or Department Head prior
to or within two (2) hours after the time set for beginning daily duties. The City Manager may,
if he/she deems necessary, require the employee to file a Physician's Certificate ora Personal
Affidavit.
F. Sick leave shall not accrue to any employee for any month in which that employee is on unpaid
leave and does not work a minimu m of 80 hours in any one month.
G. If an employee does not show up for work and does not call in within two hours, the City
Manager may deny use of sick leave for the unauthor ized time off, and employee is subject to
disciplinary action.
H. Except as otherwise required by law, employees using all accumulated sick leave may be
deemed to have abandoned their employment.
I. After five (5) years of service, when an employee retires, resigns or terminates in good
standing, that employee will be paid all accumulated sick leave ata rate of one-half (1/2) of the
employee's current rate of pay at his/her date of termination.
J. Sick leave to attend to the illness of a child , parent, or spouse of the employee (pursuant to
California Labor Code Section 233). Use of sick leave for this purpose (as opposed to when
used for an employee's own illness), shall be limited to half the yearly sick leave entitlement in
any one (1) year period. The amount of leave available is limited to what the employee
accrued prior to utilizing sick leave for this purpose. Additionally, sick leave taken for this
purpose shall be allowed only in the case of necessity of and actual illness of an employee's
child, parent, or spouse as determined by the City Manager. In order to receive sick leave with
pay for this purpose, the employee shall notify the Department Head prior to or within (2 hours
after the start of the employee's scheduled work shift. The City Manager may, if he/she deems
necessary, require the employee to file a Physician's Certificate (regarding the illness of the
employee's child, parent or spouse) or an Affidavit stating the cause of absence. Use of sick
leave under this section shall not extend the maximum period of leave to which an employee is
entitled under Family and Medical Leave (Section 16).
SECTION 15. FAMILY AND MEDICAL LEAVE
The family and medical leave policy complies with the California Government Code, Sections
12945, 12945.2, and 19702.3, and the federal Family and Medical Leave Act of 1993. California law
shall prevail unless preempted byfederal law.
Copies of the state and federal acts are available in the Personnel Department. Following is a
summary ofpertinent sections.
A. The family and medical leave allows for an eligible employee to take twelve (12) weeks of
leave in a twelve (12) month period for the birth, adoption, orfoster care ofa child; the serious
health condition of the employee's child, parent or spouse; or the employee's own serious
health condition.
B. During the twelve (12) week period, paid leave may be charged to accrued benefit time such
as vacation, administrative leave and floating holidays, at the employee's request during the
family and medical leave period as long as the total time off does not exceed twelve (12)
weeks in a twelve (12) month period. In addition, accrued sick leave may be used at the
employee's request, in accordance with Section 15. If the employee has extinguished their
benefit leave and accrued leave balance, but have a balance in their FMLA, they are still
eligible to take the time, but must do so at no pay and with no accrual of leave time (sick or
vacation).
C. Health insurance benefits shall continue for the duration of the family and medical leave under
the same conditions as if the employee had continued employment. If the employee fails to
return to work after the period of leave to which the employee is entitled has expired, the City
is entitled to recover the premiums paid on behal fof the employee for maintaining coverage.
D. To be eligible for family and medical leave, the employee must be employed by the City of
Diamond Bar for at least 12 months and has worked at least 1,250 hours over the previous 12 -
month period for the City of Diamond Bar.
E. The City will use a rolling 12 -month period measured backward from the date the employee
uses FMLA.
F. The City Manager may, if he/she deems necessary, required the employee to file a Physicians
Certificate or Personal Affidavit stating the cause of absence.
G. When a husband and wife are both employed by the City of Diamond Bar, they are limited to a
total of 12 weeks collectively for family leave during the 12 -month period.
H. Employee will be reinstated to the same position of employment held when the employee's
leave commenced; or reinstated to an equivalent position with equivalent employment benefits,
pay, and other terms and conditions of employment, unless position ceased to exist for
reasons unrelated to the leave.
SECTION 16. PREGNANCY DISABILITY LEAVE
In compliance with California law, the following section has been added. Separate from FMLA,
when an employee is pregnant, they are eligible for six weeks of leave for a normal childbirth and up
to 16 weeks when there is certification by a physician that there is a disability or related medical
condition due to the pregnancy.
A. During the Pregnancy Disability Leave Time, paid leave may be charged to accrued benefit
time such as vacation, administrative leave and floating holidays, at the employee's request.
In addition, accrued sick leave may be used at the employee's request, in accordance with
Section 15. If the employee has extinguished their benefit leave and accrued leave balance,
but have a balance in their PDL, they are still eligible to take the time, but must do so at no pay
and with no accrual of leave time (sick orvacation).
B. Health insurance benefits shall continue for the duration of the Pregnancy Disability Leave
under the same conditions as if the employee had continued employment. If the employee
fails to return to work after the period of leave to which the employee is entitled has expired;
the City is entitled to recover the premiums paid on behalf of the employee for maintaining
coverage.
C. The City Manager may require the employee to file a physician's certificate or personal
affidavit if the leave is to be for more than a six-week period.
SECTION 17. BEREAVEMENT LEAVE
When circumstances are such and the City Manager determines that conditions warrant, three
(3) paid bereavement leave days may be granted in the event of death of a relative of a full-time
employee. "Relative" is defined as spouse, parents, children, step -children, brother, sisters,
grandparents, grandchildren, half-brothers, half-sisters, aunts, uncles, to the City employee oras may
be approved by the City Manager.
SECTION 18. UNAUTHORIZED LEAVE
If an employee does not show up for work for three consecutive work days without notifying
said employee's supervisor or Department Head, said employee shall be considered to have
voluntarily terminated employment with the City.
SECTION 19. ON-THE-JOB INJURY
Whenever a person is compelled to be absent from employment with the City on account of
injury arising out of or in the course of that employee's employment as determined by the Workers'
Compensation Act, the employee may elect to apply pro -rated accrued sick leave, if any, to such
absence to receive compensation of an amount of the difference between the compensation received
under the Workers' Compensation Act and that employee's regular pay, not to exceed the amount of
the employee's earned sick leave. An employee in such instance may also elect to use any earned
vacation time in like manner after sick leave is exhaus ted. The City will pay the employee up to three
(3) days of that employee's regular salary as it relates to an on-the-job injury and if not covered by
Workers' Compensation.
SECTION 20. JURY DUTY
If a full-time employee is called for jury duty, such person shall receive regular pay while
actually performing jury service, however, any amount received by such employee as payment for
services as juror shall be reimbursed to the City. All mileage paid to the employee, as a juror shall
not be considered as a reimbursable item to the City. Regular part-time employees who are eligible
for jury duty receive such as a pro -rated accrual rate based upon hours scheduled to work.
SECTION 21. ATTENDANCE
Full time employees shall be in attendance at their work in acco rdance with the rules regarding
hours of work, holidays, and leave. Departments shall keep attendance records of all employees.
Absence of any employee without leave may result in possible disciplinary action, including
discharge.
SECTION 22. HOLIDAYS
A. Holidays which fall on Saturday shall beobser ved on the preceding Friday, and holidays which
fall on Sunday shall be observed on the following Monday. Paid holidays are only for the
observed days.
B. The City of Diamond Bar's observed paid holidays are as follows:
1. New Year's Day (January 1)
2. President's Day (observed the third Monday in February)
3. Memorial Day (observed the last Monday in May)
4. Independence Day (July 4)
5. Labor Day (observed first Monday in September)
6. Veteran's Day (November 11)
7. Thanksgiving Day
8. Day following Thanksgiving Day
9. Christmas Eve (December 24)
10. Christmas Day (December 25)
11. Sixteen (16) Floating Holiday Hours
C. If an observed holiday falls on a nine (9) hour work day under the 9/80 work schedule, those
employees on the 9/80 schedule shall receive nine (9) hours of holiday pay and those
employees on a traditional work schedule shall receive eight hours of holiday pay.
D. If an observed holiday falls on an eight (8) hour work day under the 9/80 work schedule, those
employees on the 9/80 schedule shall be receive eight (8) hours of holiday pay and those
employees on the traditional work schedule sha II receive eight (8) hours of holiday pay.
SECTION 23. FLOATING HOLIDAY HOURS
A. Each full time employee is allowed sixteen (16) hours per calendar year, January through
December. Regular part-time employees are allowed prorated floating holiday hours per
calendar year, January through December based upon hours scheduled to work.
B. Floating Holiday hours are not cumulative and must be used during the above period or said
employee will lose theallocated hours.
C. Each employee must submit a request in advance, and approval must be given by the
employee's supervisor and Department Head.
D. An employee is eligible to use floating holiday hours as they are accrued.
E. Floating Holiday hours may be used in lieu of sick leave only if all other benefit time has been
exhausted.
SECTION 24. TRAINING PLAN
The City Manager and employees of the City are eligible to request specialized training in the
form of symposiums, special courses, forums, etc., at the City's expense.
SECTION 25. LEAVE OF ABSENCE
Leave of absence without pay may only be granted by the City Manager and shall not exceed
one year, except as otherwise prescribed by law.
SECTION 26. RESIGNATION
An employee wishing to terminate employment in good standing shall file a written resignation
with the City Manager stating the effective date and reasons for leaving, at least two (2) weeks prior
to the resignation. Failure to give such notice shall mean the employee did not terminate in good
standing, unless by reason of hard ship and upon that employee's request, the City Manager has
waived the two-week notice requirement.
SECTION 27. ANTI -NEPOTISM PROVISION
A. Relatives of those listed below may not be employed anywhere in the City organization:
1. City Council Members;
2. Standing Board and Commission members;
3. Management Team Members ofthe City;
5. Employees ofthe City Manager's Department; or
6. Employees of the Personnel Department.
B. The employment of a relative within a department is prohibited when they:
1. Perform joint duties;
2. Share responsib ility of authority;
3. Function in the same chain of command; and
4. Work on the same shift at the same work site.
C. For business reasons of supervision, safety, security or morale, the City may refuse to place
one spouse under the direct supervision of the other spouse.
D. For business reasons of supervision, safety, security or morale, an employer may refuse to
place both spouses in the same department, division, or facility if the work involves potential
conflicts of interest or other hazards greater for married couples than other persons.
E. "Relative" means child, stepchild, parent, grandparent, grandchild, brother, sister, half-brother,
half-sister, aunt, uncle, niece, nephew, parent -in-law , brother -in law, sister-in-law, or another
individual related by blood or marriage.
F. "Employee" means any person who receives a City paycheck for services rendered to the City.
G. For business reasons, these sections shall be enforced to address the marriage of employees
in the City's employment, within six (6) months of said marriage.
H. Exceptions to this section may be made by the City Manager in unusual circumstances where
the concerns addressed by this policy are not implicated. Any appeal of the enforcement of this
section shall be in accordance to the City's grievance procedures.
SECTION 28. NON-DISCRIMINATI ON
The City of Diamond Bar does hereby affirm to adopt and support a policy of non-
discrimination with regard to all phases of personnel recruitment, selection and appointment. The
City further declares that it will not exclude from participation in, deny the benefits to, or subject to
discrimination any person on the basis of race, color, sex, religious affiliation, national origin, age or
disability, thereby affirming the City of Diamond Bar's posture as an equal opportunity employer.
SECTION 29. EMPLOYEE PERFORMANCE EVALUATION APPEALS PROCEDURES
It is the intent of the City to offer fair and equitable appeals procedures for employee's
performance evaluations. Below are the official guidelines.
A. Employee and supervisor meet to review and discuss the employee's performance evaluation.
B. The employee may respond in writing to the contents of the evaluation. The employee must
submit this response to the Department Head within five (5) working days immediately
following receipt ofthe evaluation.
C. The Department Head, as the reviewing official, shall respond in writing to the employee within
five (5) working days. This response becomes an official part of the evaluation.
D. If the Department Head does not respond or if the employee chooses to continue to appeal
following the response from the reviewing official, the employee must submit an additional
written response to the Personnel Officer within five (5) working days after receipt of the
reviewing official's response.
E. The Personnel Officer shall review the evaluation appeal within five (5) days with the
employee, supervisor and Department Head. Every effort will be made at this level to resolve
the appeal. If the Personnel Officer and City Manager are the same, the appeal shall proceed
directly to the City Manager.
F. If the matter is not settled, a written appeal may be submitted to the City Manager by the
employee within five (5) working days following the decision rendered in writing by the
Personnel Officer.
G. The City Manager shall review the appeal with the employee, supervisor, Department—Head
and Personnel Officer. The decision shall be rendered in writing within fifteen (15) working
days bythe City Manager, and the decision ofthe City Manager shall befinal.
SECTION 30. POST OFFER PHYSICAL EXAMS
As a condition of an offer of City employment all candidates must successfully pass a post -
offer physical and substance abuse exam and are subject to fingerprinting and a background
investigation. The candidates being considered for employment will be sent to a City authorized
physician atthe City's expense.
SECTION 31. EMERGENCY CALL -OUT POLICY
The following Emergency Call -Out Policy shall be adhered to:
A. When a full time employee or part-time, other than an exempt employee, is called out for a City
emergency, the employee shall be given a minimum of two hours pay, regardless of the
amount oftime ittakes to rectify the problem.
B. The employee shall be paid overtime per Section 12.
SECTION 32. ADMINISTRATIVE LEAVE
Exempt employees are allowed eighteen (18) hours of administrat ive leave per fiscal year.
Executive Management employees are allowed thirty-six (36) hours of administrative leave per fiscal
year. Additional days of leave may beauthorized bythe City Manager, based on the number oftotal
hours the individual works over and above 40 hours per work week.
Administrative leave may w)-� be accumulated and carried over to the following year for a maximum of
two years. # Administrative leave must be used by June 30 of G@Gh the second fiscal year. Leave
Requests shall be submitted to employee's immediate
supervisor for approval, then forwarded to the City Manager for approval. Use of Administrativ e leave
will be authorized at the convenience of the City and the work schedule.
SECTION 33. MEDICARE
Pursuant to Revenue Billing 86-68 of the Internal Revenue Code, all employees hired after
March 31, 1987 will have 1.45 percent of their base salary deducted from their paycheck to be paid to
Medicare. The City will match the 1.45 percent as mandated by law.
SECTION 34. IMMIGRATION REFORM AND CONTROL ACT OF 1986
In compliance with the Immigration Reform and Control Act of 1986, all new employees must
verify identity and entitlement to work in the United States by providing required documentation.
SECTION 35. EXTENDED BENEFITS —COBRA
The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) provides for the
continuation of health care coverage to certain employees who terminated employment and
beneficiaries of employees who die, become disabled or are divorced. Employees become eligible
for continued coverage upon termination of
service, whether voluntary or not (other than termination for gross misconduct), retirement or
reduction in hours worked. For these employees and their dependents, continued coverage is
available for the time period set forth bylaw, attheir expense.
SECTION 36. TUITION REIMBURSEMENT
Subject to Council fiscal year budget authorization, each full-time and regular part-time (on a
pro -rated basis) employee shall be entitled to reimbursement in the amount of $500 per fiscal year,
for college -level or university -level educational courses (including tuition and related books), which
have been approved by the Personnel Officer or his/her designate as being job-related and of value
to the City. Reimbursem ent under this Section is contingent upon the verification of the attainment of
a letter grade of "C" or better, or in those cases where no letter grade is given, verification of
completion of the course with a "Pass" or "Credit" grade and submittal of a receipt for registration
bearing the name of the course, for which reimbursement is being requested. In the case of
reimbursement for books for any approved/verifie d course; a syllabus, course reading list or course
outline showing the book as being required for the course, plus a receipt bearing the title of the book
shall be submitted.
SECTION 37. PART TIME EMPLOYEES' RETIREMENT
Effective July 1, 1991, intermittent and seasonal part-time employees will be covered by a
retirement system, under Social Security(OASDI). An employee's contribution rate shall be 6.2% on
wages up to the maximum provided by law. The employer's tax rate is the same. Election workers
and emergency workers are excepted from coverage, under this section. Regular part-time
employees are covered under the State Public Employees' Retirement System (PERS).
SECTION 38. SEVERABILITY
The City Council declares that, should any provision, section, paragraph, sentence, or work of
this Resolution be rendered or decla red invalid by any final Court action in a court of competent
jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections,
paragraphs, sentences, and words ofthis Resolution shall remain in full force and effect.
SECTION 39. Resolution No. 2003-45 is hereby repealed in its entirety
PASSED, ADOPTED AND APPROVED THIS day of , 2004
Bob Zirbes, Mayor
I, Linda C. Lowry, City Manager of the City of Diamond Bar, do hereb y certify that the
foregoing Resolution was passed, approved and adopted at a meeting of the City Council of the City
of Diamond Bar held on the day of , 2004, by the following vote:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ATTEST:
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 # 615
Meeting Date: June 15, 2004
AGENDA REPORT
TITLE: A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
OPPOSING CALIFORNIA STATE ASSEMBLY BILL 2406 (BERMUDEZ): FIRE
PROTECTION WHICH WOULD MANDATE CONFORMITY TO SPECIFIC
RESPONSE TIMES, STAFFING OBJECTIVES, AND REPORTING REQUIREMENTS
FOR FIRE DEPARTMENTS.
RECOMMENDATIONS:
It is recommended that the City Council adopt the Resolution.
FISCAL IMPACT:
The Fiscal impact to the City of Diamond Bar is undete rminable atthis time. However, significant on-
going state-reimbursab le costs to local fire departments will be necessary — totaling nearly $7 million
per year for increased reporting requirements; and significant on-going costs of $200,000 from the
State General Fund to the State Fire Marshall for staff to compile, analyze, and publish data.
1: 7_[�7:(e3:Z�1�1►U1I�76Y�1���9[�7►E
Assembly Bill 2406 (Bermudez) could dramatically increa se local fire protection staffing costs. The bill
requires the State Fire Marshal to compare each fire department's National Fire Incident Reporting
System, NFIRS -which would include specific response time and staffing objectives -to the highly
controversial staffing "standards" adopted in 2001 by the National Fire Protection Association (NFPA
1710).
Unfortunately, this standard is virtually impossible to meet and was opposed by most local officials in
California and across the country because it is a one- size-fits-all-po licy that is unsuitable for many
jurisdictions. AB 2406 would not be fiscally feasible for cities, counties, and special districts without a
fire station located every mile and a half.
The inclusion of mandated reporting requirements further increases the potential fiscal impacts of AB
2406 on State and local governments, and also creates a perception that would increase liability for
cities, counties and special districts.
Prepared with information from the League of California Cities.
Prepared by:
Jim Clarke, Legislative Analyst
Attach men is
1. Resolution No. 2004 -XX Opposing AB 2406 (Bermudez): Fire Safety
RESOLUTION NO. 2004 -XX
A RESOLUTION OF THE CITY COUNCI L OF THE CITY OF DIAMOND BAR
OPPOSING CALIFORNIA STATE ASSEMBLY BILL 2406 (BERMUDEZ): FIRE PROTECTION
WHICH WOULD MANDATE CONFORMITY TO SPECIFIC RESPONSE TIMES, STAFFING
OBJECTIVES, AND REPORTING REQUIREMENTS FOR FIRE DEPARTMENTS.
WHEREAS, AB 2406 (Bermudez) requires the State Fire Marshal to compare each fire department's
National Fire Incident Reporting System (NFIRS) to the highly controversial staffing "standards"
adopted in 2001 by the National Fire Protection Association (NFPA 1710); and
WHEREAS, the NFIRS includes specific response time and staffing objectives; and
WHEREAS, AB 2406 would not be fiscally feasible for cities, counties, and special districts without a
fire station located every mile and a half; and
WHEREAS, the inclusion of man dated reporting requirements further increases the potential fiscal
impacts of AB 2406 on State and local governments; and
WHEREAS, the standard set forth by AB 2406 would be virtually impossible to meet and was
opposed by most local officials in California and across the country due to its itis a one -size -fits- all -
policy that is unsuitable for many jurisdiction s including the City of Diamond Bar and Los Angeles
County.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar OPPOSES
AB 2406 (Bermudez): Fire Safety and directs the following:
SECTION 1. That the City Council of the City of Diamond Bar shal I 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 OPPOSE AB 2406 (Bermudez).
SECTION 3. That certified copies of the resolution be circulated to the following:
League of California Cities, L.A. Division
Assemblyman Bob Pacheco
Senator Bob Margett
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # 6.16
Meeting Date: June 15, 2004
AGENDA REPORT
TITLE: A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
SUPPORTING CALIFORNIA STATE ASSEMBLY BILL 1802 (BOGH): ILLEGAL
DUMPING: PENALTIES WHICH WOULD INCREASE THE MONETARY FINES FOR
ILLEGAL DUMPING OF SOLID WASTE.
RECOMMENDATIONS:
It is recommended that the City Council adopt the Resolution.
FISCAL IMPACT:
There is no fiscal impact to the City of Diamond Bar.
BACKGROUND / DISCUSSION:
Existing law (California Integrated Waste Management Act of 1989) provides that it is unlawful to
dump or cause to be dumped any waste matter in or upon any public or private highway or road,
including any portion of the right-of-way, any private property without consent of the owner, or any
public property other than public property set aside for dumping.
It also states that itis unlawful to place, deposit, or dump, or cause to be placed, deposited, or
dumped, any rocks or dirt in or upon any private road, including any portion of the right-of-way, any
private property without consent of the owner, or any public property without consent of the state or
local agency with jurisdiction over the property.
Assembly Bill 1802 (Bogh) increases the mandatoryfine for unlawful dumping of commercial
quantities of waste matter, rocks, or dirt. Specifically, AB 1802 raises the mandatory fine for
dumping commercial quantities of waste matter, rocks, or dirt as follows:
1) For a first conviction, raises the minimum fine from $500 to $1,000 and the maximum fine
from $1,500 to $3,000;
2) For a second conviction, raises the minimum fine from $1,500 to $3,000 and the maximum
fine from $3,000 to $6,000; or,
3) For a third or subsequent conviction, raises the minimum fine from $2,750 to $6,000 and the
maximum fine from $4,000 to $10,000.
AB 1802 will help to curb the illegal disposal of solid wa ste. By increasing the penalties the bill would
deter illegal dumping and encourage residents and businesses to take pride in their communities. AB
1802 would also help ensure the protection of pub lic health and safety and preserve our natural
resources.
Prepared with information from the State Legislative Analyst Office.
Prepared by:
Jim Clarke, Legislative Analyst
Attach men is
1. Resolution No. 2004 -XX Supporting AB 180 2 (Bogh): Illegal Dumping: Penalties
RESOLUTION NO. 2004 -XX
A RESOLUTION OF THE CITY COUNCI L OF THE CITY OF DIAMOND BAR
SUPPORTING CALIFORNIA STATE ASSEMBLY BILL 1802 (BOGH): ILLEGAL DUMPING:
PENALTIES WHICH WOULD INCREASE THE MONETARY FINES FOR ILLEGAL DUMPING OF
SOLID WASTE.
WHEREAS, Assembly Bill 1802 (Bogh) would update the California Integrated Waste Management
Act of 1989; and
WHEREAS, AB 1802 (Bogh) increases the mandatory fine for unlawful dumping of commercial
quantities of waste matter, rocks, or dirt; and
WHEREAS, AB 1802 will help to curb the illegal disposal of solid waste; and
WHEREAS, AB 1802 would deter illegal dumping and encourage residents and businesses to take
pride in their communities; and
WHEREAS, AB 1802 would also help ensure the protection of public health and safety and preserve
our natural resources.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar SUPPORTS
Assembly Bill 1802 (Bogh): Illegal Dumping: Penalties and directs the following:
SECTION 1. That the City Council of the City of Diamond Bar shal I 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 1802 (Bogh).
SECTION 3. That certified copies of the resolution be circulated to the following:
League of California Cities, L.A. Division
Assemblyman Bob Pacheco
Senator Bob Margett
Agenda #
Meeting Date: June 15, 2004
CITY CC?UNCIL AGENDA REPORT
8.1 TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Approval and adoption of the FY04-05 City of Diamond Bar Proposed Municipal Budget
RECOMMENDATION:
Adopt Resolution 04 -XX — "A RESOLUTION OF TH E CITY COUNCIL OF THE CITY OF DIAMOND
BAR APPROVING AND ADOPTING A BUDGET FOR THE CITY OF DIAMOND BAR FOR THE
FISCAL YEAR COMMENCING JULY 1, 2004 AND ENDING JUNE 30, 2005, INCLUDING
MAINTENANCE AND OPERATIONS, SPECIAL FUNDS AND CAPITAL IMPROVEMENTS AND
APPROPRIATING FUNDS FOR ACCOUNTS, DEPARTMENTS, DIVISIONS, OBJECTS AND
PURPOSES THEREIN SET FORTH" and amending the City Manager Proposed FY04-05 Budget as
directed by City Council in this public meeting.
FINANCIAL IMPACT:
The document as submitted reflects General Fund Estimated Resources of $15,511,280 with
anticipated appropriations of $14,678,690. This results in an increase of $832,590 to the General
Fund reserves from annual operations. In addition to the annual appropriations, the proposed budget
reflects a transfer of $1,120,260 in General Fund reserves to the Capital Improvement Projects Fund
to assist in the construction of several capita I improvement projects. If approved, the FY04-05
Municipal Budget anticipates an ending General Fund fund balance of $21,822,797 based on
projected revenues and expenditures.
The proposed budget also includes a Capital Improvement program that amounts to $5,572,295. In
addition there are spending plans for the various Special Revenue Funds and Internal Service Funds.
In addition to the proposed document, several decision packages will be discussed at the study
session prior to the City Council meeting. Those decision packages approved by the City Council at
the study session will be inco rporated in to the budget as directed in the City Council adoption motion.
Page 2 — FY04-05 Budget Report
BACKGROUND
Each year the City Manager prepares and submits a preliminary municipal budget for review and
adoption. This year the proposed budget and various decision packages were presented to the
Finance Sub -Committee at its meeting on May 27, 2004, and will have been discussed attwo City
Council study sessions during the month of June 2004. During these discussions an emphasis was
placed on adopting a conservative budget that could absorb possible State cuts in funding with the
least disruption to City services and on-going work plans.
DISCUSSION:
The attached budget document presents an operating plan that permits the City to live within a
reasonable estimate of revenues while continuing to provide community programs and services to the
residents of the City of Diamond Bar, including making planned improvements to infrastructur eand
facilities.
Items of Note Included in the Budget:
Personnel Changes:
Cost of Living Adjustment (COLA) — a 2.0 percent COLA has been applied. This is based on the CPI
as provided through the U.S. Department of Labor and California Department of Finance for the
twelve months ending in March 2004.
Benefit Allotment — Due to the increasing cost of PERS health care insurance costs, the cafeteria
benefit has been increased by $25 and now stands at $795/month for non-exempt and $825/month
for exempt employees and City Council.
Retirement Contributions — Next year's retirement contribution made by the City on behalf of staff and
City Council has increased from 12.696% in FY04 to 15.061% for FY05 or 2.365%. This is due to
revised actuarial estimates and reduced investment return on the investments held by CaIPERS.
This increase has been incorporated in the proposed FY05 Budget document.
City Manager/City Clerk Division:
In previous budgets, the City Manger's Division and the City Clerk's Division have been separated.
This year, the City Clerk's Division has been incorporated into the City Manager's Division. For
clarification purposes, the title shown is City Manager/ City Clerk.
Diamond Bar Center:
The Diamond Bar Center opened for operations during FY 04 and in an effort to track costs
associated with the operation of the facility various options are being evaluated. At this time the
Page 3 — FY04-05 Budget Report
proposed budget includes a new division to identif y items that will be specifically charged to the
Diamond Bar Center.
Staff is working with the City's auditors to establish an accounting method for the Banquet Facility
portion of the Center. This would address thebanquet function as an enterprise and address the
depreciation of equipment. Once a recommendation is established in coop eration with the City's
auditors the matter will be brought to the City Council for consideration.
City Manager's Compensation:
With the concurrence of the Council City Manager Sub -committee, the current proposed budget
includes a 2% COLA increase in the City Manager's compensation.
Decision Packages:
Decision Packages have been discussed in the preceding City Council Study session. Any items
approved during the study session shall be incorporated in the FY04-05 final budget document by
motion of the City Council. A listing of the proposed decision packages is attached.
PREPARED BY:
Linda G. Magnuson
1:7:kV/IWITA097: U
Department Head
Attachments:
Resolution #04 -XX
Fiscal Year 2004-2005 Annual Budget (proposed)
FY 04-05 Personnel Summary
FY 04-05 Decision Packages
3
Deputy City Manager
A. Recitals
RESOLUTION NO. 2004-
A RESOLUTION OF THE CITY COUN CIL OF THE CITY OF DIAMOND
BAR APPROVING AND ADOPTING A BUDGET FOR THE CITY OF
DIAMOND BAR FOR THE FISCAL YEAR COMMENCING JULY 1, 2004
AND ENDING JUNE 30, 2005 INCLUDING MAINTENANCE AND
OPERATIONS, SPECIAL FUNDS AND CAPITAL IMPROVEMENTS
AND APPROPRIATING FUNDS FOR ACCOUNTS, DEPARTMENTS,
DIVISIONS, OBJECTS AND PURPOSES THEREIN SET FORTH.
(i) The City Manager has heretofore prepared and presented to this City Council a
proposed budget for the City's fiscal year 2004-2005, including staffing and position allocations,
maintenance and operations, special funds and capital improvements, including appropriations
therefor (referred to the "Budget" sometimes hereinafter).
(ii) The Planning Commission of the City of Diamond Bar has heretofore publicly
reviewed the proposed capital improvements specified in the Budget and has rendered to the City
Council its report thereon concerning conformity of the capital improvement program with the City's
contemplated general plan, all as required byCalifomia Government Code Section 65401. Copies of
the Budget are on file in the office of the City Clerk labeled "City of Diamond Bar 2004-2005 Budget"
and said Budget hereby is made a part of this Resolution.
(iii) The City Council has conducted public meetings on the entirety of the fiscal year
2003-04 Budget and concluded said meetings prior to the adoption of this Resolution.
(iv) All legal prerequ isites to the adoption of this Resolution have occurred.
NOW THEREFORE, the City Council of the City of Diamond Bar does hereby find,
determine and resolve as follows:
1. In all respects, as set forth in the Recitals, Part A, of this Resolution.
4
2. The City Council hereby finds and determines that the capital improvement program
set forth in the Budget, and each project identified therein, is categorically exempt from the
requirements of the California Environmental Quality Act of 1970, as amended, and the guidelines
promulgated thereunder pursuant to Section 15301 of Division 6 of Title 14 of the California Code of
Regulations.
3. The Budget, including the changes enumera ted and directed to be made bythe City
Council during the course of the publ is meeting conducted by the City Council, hereby is adopted as
the Budget of the City of Diamond Bar for the fiscal year commencing July 1, 2004 and ending June
30, 2005 and consisting of the estimated and anticipated expenditures and revenues for that fiscal
yea r.
4. There are hereby appropriated for obligations and expenditures by the City Manager
the amounts shown for the various departments, divisions and objects set forth in the Budget. All
obligations and expenditures shall be incurred and made in the manner provided by the provisions of
State law and City ordinances and resolutions applicable to purchasing and contracting.
5. Subject to further provision of th is Resolution, the appropriations made above
constitute the maximum amount authorized for obligation and expenditure by the City Manager for
respective departments, divisions and objects asset forth in the Budget. Each department head shall
be responsible, as well as the City Manager, for seeing that said maximum amounts are not
exceeded.
6. No warrant shall be issued nor shall any indebtedness be incurred which exceeds
the unexpended balance of the fund and department appropriations herein above authorized unless
such appropriations shall have been amended by a supplemental appropriation duly enacted by the
5
City Council, or by individual appropriations within any aforesaid fund or department therein, except
insofar as the City Manager may authorized transfers pursuant to this Resolution.
7. Within the various funds and departments contained in the Budget, the City Manager
is authorized to employ, during the fiscal year covered by said Budget, the number and classification
of such full time employees as are shown in the Budget all subject to the provisions of the City's
classification and compensation plans as amended and adopted by the City Council. Part time and
seasonal employees are authorized as necessary by the City Manager provided that the total to be
obligated and expended within any fund and department set forth in the Budget, with respect to
salaries and wages therefor, shall not exceed the budgeted and appropriated amount, as the same
may be amended by the City Counc il, from time to time.
8. The City Manager hereby is authorized to transfer funds appropriated hereby or by
supplemental appropriation as follows: With respect to those classifications designated by code 0000
series,1000 series, 2000 series, 4000 series, 5000 series and code 6000 series, the City Manager
may transfer amounts between and within those classifications, but only within a fund.
9. The City Clerk shall certify to the adoption of this Resolution.
PASSED, ADOPTED AND APPROVED this _____ day of ........... 2004.
Carol Herrera, Mayor
6
I, Linda C. Lowry, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing
Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of
Diamond Bar held on the ______ day of_________ _, 2004, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
Linda C. Lowry, City Clerk of the
City of Diamond Bar
7
Agenda # _8.1 &
Meeting Date: June 15, 2004
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
AGENDA REPORT
TITLE: Approve the 2004-2005 Fiscal Year Appropriation s Limit using the
percentage change in total assessed valuation for the City's non
residential new construction as the annual adjustment growth factor.
RECOMMENDATION:
Approve the use of the percentage change in total assessed valuation from the City's
non residential new construction for use in calculating the Fiscal Year 2004-2005
Appropriations Limit.
Approve Resolution 2004 -XXX, which establishes the Fiscal Year 2004-2005
Appropriations Limit at $24,879,224.
FINANCIAL IMPACT:
Since the City's appropriations subject to the Gann Limit fall well below $24,879,224
there is no financial impact.
BACKGROUND:
Per City Policy, the Finance Department presents the Appropriations Limitfor the City
Council's review and approval. Pursuant to ArticleXIIIB ofthe California Constitution
(known as the Gann Limit), the City must compute an annual appropriations limit. This
appropriations limitwill place a ceiling on the City's total amount of tax revenues and the
total amount of appropriation s.
The appropriations limit can be calculated by the use of one of the following factors:
• Based on the growth factor of County population change over the prior year and
the change in the California per capita income over the prior year.
• Based on the growth factor of City population change over the prior year and the
change in the California per capita income over the prior year.
Page 2 - Appropriations Limit FY 2004-2005 Report
Based on the growth factor of change in the City's non residential new
construction valuation.
DISCUSSION:
The recommended factor to compute the appropria tions limit is the growth factor of
change in the City's non residential new construction valuation. By using this factor the
City will have an appropria tion limit of $24,879,224.
W V0 WFWAI V0 92 CEO
Susan Full, Accountant II
V:kVjIWWW402 --YA
Attachments:
Department Head Deputy City Manager
Appropriations Limit Worksheets
Resolution
V4:1011tel OQ L■► 1911111l A10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, SETTING THE PROPOSITION 4 (GANN)
APPROPRIATIONS LIMIT FOR FISCAL YEAR 2004-2005
FOR THE CITY OF DIAMOND BAR IN ACCORDANCE
WITH THE PROVISIONS OF DIVISION 9 OF TITLE 1 OF
THE GOVERNMENT CODE
WHEREAS, Article XIII B of the Constitu tion of the State of California (enacted
with the passage of Proposition 4 in 1979 and modified with the passage of Proposition
111 in 1990), provides that the total annual appropriations limit of such entity for the
prior year be adjusted for changes in the non-residential assessed valuation or the
percentage change in the California Per Capita Income and population except as
otherwise specifically provided for in said Article; and
WHEREAS, Section 7910 of the Government Code provides that each year the
governing body of each local jurisdiction shall, by resolu tion, establish its appropriations
limit for the following fiscal year pursuant to Article XIII B at a regularly scheduled
meeting or a noticed special meeting. Prior to such meeti ng, documentation used in the
determination of the appropriation limitshall be available to the public; and
WHEREAS, Proposition 111 as approved by the voters of the State of California,
revised the method for calculating the Gann Spending Limit, it also requires a recorded
voice vote of the City Council regarding which of the annual adjustment factors have
been selected each year; a n d
WHEREAS, Section 7902 (a) and 7902.6 of the Government Code sets forth the
method for determining the appropriations limit for each local jurisdiction for the fiscal
year; and
WHEREAS, the City Council of the City of Diamond Bar wishes to establish the
appropriation limitfor fiscal year 2004-2005 for the City of Diamond Bar.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Diamond Bar, California, asfollows:
Section 1. That it is hereby found and determined that the documentation used in the
determination ofthe appropriations limitfor the City of Diamond Bar for fiscal year 2004-
2005 was available to the public in City offices of said City at least fifteen days prior to
this date.
Section 2. That the County of Los Angeles LAFCO, established the appropriations
limitforthe newly incorporated City.
Section 3. That the factor selected is the percentage change in total assessed
valuation for the City, due to non-residential construction.
Section 4. That the Appropriations Limit forthe City of Diamond Bar as established in
accordance with Section 7902(a) and Section 7902.6 of the California Government
Code is $24,879,224.
Section 5. That the Mayor of the City of Diamond Bar shall sign and the City Clerk
shall certify to the passage and adoption of this Resolution No. 2004-XXXX .
PASSED, APPROVED AND ADOPTED this______ day of__________, 2004.
Robert P. Zirbes, Mayor
I, Linda C. Lowry, City Clerk of the City of Dia mond Bar do hereby certify that the foregoing
Resolution was passed, and approved and adopted at a regular meeting of the City Council of the
City of Diamond Bar held on the _____
day of__________, 2004, bythe following vote:
AYES:
COUNCIL
MEMBERS:
NOES:
COUNCIL
MEMBERS:
ABSENT:
COUNCIL
MEMBERS:
ABSTAINED:
COUNCIL
MEMBERS:
ATTEST:
Linda C. Lowry, City Clerk
City of Diamond Bar
CITY OF DIAMOND
BAR
APPROPRIATIONS LIMIT
WORK SHEET
1998-1999
California Per Capita Income
4.15%
% Change over Prior Year
Population Change
1.28%
% Change over Prior Year (City)
Per Capita converted to a Ratio
1.0415
Population converted to a Ratio
1.0128
Calculation of Growth Factor
1.0548
1997-1998 Appropriations Limit $15,608,665
1998-1999 Appropriations Limit $16,464,507
CITY OF DIAMOND
BAR
APPROPRIATIONS LIMIT
WORK SHEET
1998-1999
California Per Capita Income 4.15%
• Change over Prior Year
Population Change 1.39%
• Change over Prior Year
(County)
Per Capita converted to a Ratio 1.0415
Population converted to a Ratio 1.0139
Calculation of Growth Factor 1.0560
1997-1998 Appropriations Limit $15,608,665
1998-1999 Appropriations Limit $16,482,389
CITY OF DIAMOND
BAR
APPROPRIATIONS
LIMIT WORK SHEET
1999-2000
California Per Capita Income 4.53%
% Change over Prior Year
Population Change 1.93%
% Change over Prior Year
(City)
Per Capita converted to a Ratio 1.0453
Population converted to a Ratio 1.0193
Calculation of Growth Factor 1.0655
1998-1999 Appropriations Limit $16,482,389
1999-2000 Appropriations Limit $17,561,562
CITY OF DIAMOND
BAR
APPROPRIATIONS
LIMIT WORK SHEET
1999-2000
California Per Capita Income 4.53%
% Change over Prior Year
Population Change 1.78%
% Change over Prior Year
(County)
Per Capita converted to a Ratio 1.0453
Population converted to a Ratio 1.0178
Calculation of Growth Factor 1.0639
1998-1999 Appropriations Limit $16,482,389
1999-2000 Appropriations Limit $17,535,718
CITY OF DIAMOND
BAR
APPROPRIATIONS
LIMIT WORK SHEET
1999-2000
% Change Non Residential 2.99%
new construction
Nonresidential converted to a 1.0299
Ratio
1998-1999 Appropriations Limit $16,482,389
1999-2000 Appropriations Limit $16,975,212
CITY OF DIAMOND
BAR
APPROPRIATIONS
LIMIT WORK SHEET
2000-2001
California Per Capita Income 4.91%
% Change over Prior Year
Population Change 1.89%
% Change over Prior Year
(City)
Per Capita converted to a Ratio 1.0491
Population converted to a Ratio 1.0189
Calculation of Growth Factor 1.0689
1999-2000 Appropriations Limit $17,561,562
2000-2001 Appropriations Limit $18,772,045
CITY OF DIAMOND
BAR
APPROPRIATIONS
LIMIT WORK SHEET
2000-2001
California Per Capita Income 4.91%
% Change over Prior Year
Population Change 1.75%
% Change over Prior Year
(County)
Per Capita converted to a Ratio 1.0491
Population converted to a Ratio 1.0175
Calculation of Growth Factor 1.0675
1999-2000 Appropriations Limit $17,561,562
2000-2001 Appropriations Limit $18,746,252
CITY OF DIAMOND
BAR
APPROPRIATIONS
LIMIT WORK SHEET
2000-2001
% Change Non Residential
new construction
1.01%
Nonresidential converted to a 1.0101
Ratio
1999-2000 Appropriations Limit $17,561,562
2000-2001 Appropriations Limit $17,738,934
CITY OF DIAMOND
BAR
APPROPRIATIONS
LIMIT WORK SHEET
2001-2002
California Per Capita
7.82%
Income
%Change over Prior Year
Population Change
1.49%
%Change over Prior Year
(City)
Per Capita converted to a
1.0782
Ra ti o
Population converted to a
1.0149
Ra ti o
Calculation of Growth 1.0943
Fa cto r
2000-2001 Appropriations $18,772,045
Limit
2001-2002 Appropriations $20,541,595
Limit
CITY OF DIAMOND
BAR
APPROPRIATIONS
LIMIT WORK SHEET
2001-2002
California Per Capita
7.82%
Income
%Change over Prior Year
Population Change
1.66%
%Change over Prior Year
(Co u n ty)
Per Capita converted to a
1.0782
Ra ti o
Population converted to a
1.0166
Ra ti o
Calculation of Growth 1.0961
Fa cto r
2000-2001 Appropriations $18,772,045
Limit
2001-2002 Appropriations $20,576,003
Limit
CITY OF DIAMOND
BAR
APPROPRIATIONS
LIMIT WORK SHEET
2001-2002
% Change Non 5.84%
Residential
new construction
Nonresidential converted 1.0584
to a Ra ti o
2000-2001 Appropriations $18,772,045
Limit
2001-2002 Appropriations $19,868,332
Limit
CITY OF DIAMOND
BAR
APPROPRIATIONS
LIMIT WORK SHEET
2002-2003
California Per Capita
7.82%
Income
%Change over Prior Year
Population Change
1.49%
%Change over Prior Year
(City)
Per Capita converted to a
1.0782
Ra ti o
Population converted to a
1.0149
Ra ti o
Calculation of Growth 1.0943
Fa cto r
2000-2001 Appropriations $18,772,045
Limit
2001-2002 Appropriations $20,541,595
Limit
CITY OF DIAMOND
BAR
APPROPRIATIONS
LIMIT WORK SHEET
2002-2003
California Per Capita
7.82%
Income
%Change over Prior Year
Population Change
1.66%
%Change over Prior Year
(County)
Per Capita converted to a
1.0782
Ra ti o
Population converted to a
1.0166
Ra ti o
Calculation of Growth 1.0961
Fa cto r
2000-2001 Appropriations $18,772,045
Limit
2001-2002 Appropriations $20,576,003
Limit
CITY OF DIAMOND
BAR
APPROPRIATIONS
LIMIT WORK SHEET
2002-2003
% Change Non 5.84%
Residential
new construction
Nonresidential converted 1.0584
to a Ra ti o
2000-2001 Appropriations $18,772,045
Limit
2001-2002 Appropriations $19,868,332
Limit
CITY OF DIAMOND
BAR
ANNUAL
APPROPRIATIONS
LIMIT
EXHIBIT "A"
2002-2003
1989-90 Base Year
9,882,416
1990-91
Adjusted
Base
10,785,669
1991-92
Adjusted
Base
11,585,192
1992-93
Adjusted
Base
11,762,247
1993-94
Adjusted
Base
12,275,495
1994-95
Adjusted
Base
13,169,824
1995-96
Adjusted
Base
14,005,207
1996-97
Adjusted
Base
14,729,615
1997-98
Adjusted
Base
15,608,665
1998-99
Adjusted
Base
16,482,389
1999-00
Adjusted
Base
17,561,562
2000-01
Adjusted
Base
18,772,045
2001-02
Adjusted
Base
20,576,003
2002-03
Adjusted
Base
CITY OF DIAMOND BAR
APPROPRIATIONS LIMIT WORK
SHEET
2002-2003
California Per Capita Income
%Change over Prior Year
Population Change
%Change over Prior Year (City)
Per Capita converted to a Ratio
Population converted to a Ratio
Calculation of Growth Factor
2001-2002 Appropriations Limit
2002-2003 Appropriations Limit
-1.27%
1.90%
0.9873
1.019
1.0061
$20,576,003
$20,700,667
CITY OF DIAMOND BAR
APPROPRIATIONS LIMIT WORK
SHEET
2002-2003
California Per Capita Income -1.27%
%Change over Prior Year
Population Change 1.77%
%Change over Prior Year (County)
Per Capita converted to a Ratio 0.9873
Population converted to a Ratio 1.0177
Calculation of Growth Factor 1.0048
2001-2002 Appropriations Limit $20,576,003
2002-2003 Appropriations Limit $20,674,258
CITY OF DIAMOND BAR
ANNUAL APPROPRIATIONS
LIMIT
2002-2003
Fiscal Year Appropriations Percentage
Limit Change
1989-90 Base
Year
9,882,416
Base Yr.
1990-91
Adjusted
Base
10,785,669
9.14%
1991-92
Adjusted
Base
11,585,192
7.41%
1992-93
Adjusted
Base
11,762,247
1.53%
1993-94
Adjusted
Base
12,275,495
4.36%
1994-95
Adjusted
Base
13,169,824
7.29%
1995-96
Adjusted
Base
14,005,207
6.34%
1996-97
Adjusted
Base
14,729,615
5.17%
1997-98
Adjusted
Base
15,608,665
5.97%
1998-99
Adjusted
Base
16,482,389
5.60%
1999-00
Adjusted
Base
17,561,562
6.55%
2000-01
Adjusted
Base
18,772,045
6.89%
2001-02
Adjusted
Base
20,576,003
9.61%
2002-03
Adjusted
Base
22,364,058
8.69%
CITY OF DIAMOND BAR
APPROPRIATIONS LIMIT WORK
SHEET
2002-2003
%Change Non Residential
new construction
Nonresidential converted to a Ratio
2001-2002 Appropriations Limit
2002-2003 Appropriations Limit
CITY OF DIAMOND
8.69%
1.0869
$20,576,003
$22,364,058
BAR
APPROPRIATIONS
LIMIT WORK SHEET
2003-2004
California Per Capita 2.31%
Income
%Change over Prior Year
Population Change 1.59%
%Change over Prior Year
(City)
Per Capita converted to a 1.0231
Ra ti o
Population converted to a 1.0159
Ra ti o
Calculation of Growth 1.0394
Fa cto r
2002-2003 Appropriations $22,364,058
Limit
2003-2004 Appropriations $23,244,470
Limit
CITY OF DIAMOND
BAR
APPROPRIATIONS
LIMIT WORK SHEET
2003-2004
California Per Capita 2.31%
Income
%Change over Prior Year
Population Change 1.66%
%Change over Prior Year
(County)
Per Capita converted to a 1.0231
Ra ti o
Population converted to a 1.0166
Ra ti o
Calculation of Growth 1.0401
Fa cto r
2002-2003 Appropriations $22,364,058
Limit
2003-2004 Appropriations $23,260,487
Limit
CITY OF DIAMOND
BAR
APPROPRIATIONS
LIMIT WORK SHEET
2003-2004
% Change Non 10.55%
Residential
new construction
Nonresidential converted 1.1055
to a Ra ti o
2002-2003 Appropriations $22,364,058
Limit
2003-2004 Appropriations $24,723,466
Limit
CITY OF DIAMOND
BAR
ANNUAL
APPROPRIATIONS
LIMIT
EXHIBIT "A"
2003-2004
1989-90 Base Year
9,882,416
1990-91
Adjusted
Base
10,785,669
1991-92
Adjusted
Base
11,585,192
1992-93
Adjusted
Base
11,762,247
1993-94
Adjusted
Base
12,275,495
1994-95
Adjusted
Base
13,169,824
1995-96
Adjusted
Base
14,005,207
1996-97
Adjusted
Base
14,729,615
1997-98
Adjusted
Base
15,608,665
1998-99
Adjusted
Base
16,482,389
1999-00
Adjusted
Base
17,561,562
2000-01
Adjusted
Base
18,772,045
2001-02
Adjusted
Base
20,576,003
2002-03
Adjusted
Base
22,364,058
2003-04
Adjusted
Base
24,723,466
CITY OF
DIAMOND
BAR
APPROPRIATIONS
LIMIT WORK SHEET
2004-2005
California Per Capita
3.28%
Income
%Change over Prior Year
Population Change
1.02%
%Change over Prior Year
(City)
Per Capita converted to a
1.0328
Ra ti o
Population converted to a
1.0102
Ra ti o
Calculation of Growth 1.0433
Fa cto r
2003-2004 Appropriations $23,244,470
Limit
2004-2005 Appropriations $24,251,759
Limit
CITY OF DIAMOND
BAR
APPROPRIATIONS
LIMIT WORK SHEET
2004-2005
California Per Capita
3.28%
Income
%Change over Prior Year
Population Change
1.38%
%Change over Prior Year
(County)
Per Capita converted to a
1.0328
Ra ti o
Population converted to a
1.0138
Ra ti o
Calculation of Growth 1.0471
Fa cto r
2003-2004 Appropriations $23,244,470
Limit
2004-2005 Appropriations $24,338,184
Limit
CITY OF DIAMOND
BAR
APPROPRIATIONS
LIMIT WORK SHEET
2004-2005
% Change Non 0.63%
Residential
new construction
Nonresidential converted 1.0063
to a Ra ti o
2003-2004 Appropriations $24,723,466
Limit
2004-2005 Appropriations $24,879,224
Limit
CITY OF DIAMOND
BAR
ANNUAL
APPROPRIATIONS
LIMIT
EXHIBIT "A"
2004-2005
1989-90 Base
Year
9,882,416
1990-91
Adjusted
Base
10,785,669
1991-92
Adjusted
Base
11,585,192
1992-93
Adjusted
Base
11,762,247
1993-94
Adjusted
Base
12,275,495
1994-95
Adjusted
Base
13,169,824
1995-96
Adjusted
Base
14,005,207
1996-97
Adjusted
Base
14,729,615
1997-98
Adjusted
Base
15,608,665
1998-99
Adjusted
Base
16,482,389
1999-00
Adjusted
Base
17,561,562
2000-01
Adjusted
Base
18,772,045
2001-02
Adjusted
Base
20,576,003
2002-03
Adjusted
Base
22,364,058
2003-04
Adjusted
Base
24,723,466
2004-05
Adjusted
Base
24,879,224
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
Agenda # 8.1(e)
Meeting Date:.1une 1-5 2004
AGENDA REPORT
VIA: Linda C. Lowry, City Manager
TITLE: Resolution No. 2004 -XX, Establishing Salary Ranges for All Classes of Employment Effective the
Pay Period Commencing July 1, 2004; Rescinding Resolution No. 2003-43 in its Entirety.
RECOMMENDATION:
It is recommended that the City Counc it adopt Resolution No. 2004 -XX, establishing job classifications and
salary schedules.
FINANCIAL IMPACT:
The proposed 2% cost of living adjustment (COLA) fo r City personnel is estimated to be $63,963 and has
been incorporated into the FY 04-05 Municipal budget. As described in the budget decision package, the
addition of Planning Manager position will be budgeted for a total cost, inclusive of salary and benefits, of
$112,700.
BACKGROUND/DISCU SSION:
The proposed personnel changes that are reflected in the Salary Resolution include a COLA of2.0% for all
full-time and part-time positions, a title change for one position from Communications and Marketing
Coordinator to Public Information Coordinator, which has no financia I implications, and the additional
position of Planning Manager in the Community and Development Services Department. No additional
range classification is needed for these positions since they currently exist in the Salary Resolution.
If the budget decision package creating a Planning Manager position is not approved, the City Council's
motion should include direction to remove theposition from the Salary Resolution.
Ia:74J_1:7401 ]'fl
Kim Crews
Senior Management Analyst
REVIEWED BY:
David Doyle
Deputy City Manager
Linda Magnuson
Finance Director
Attachment: Salary Resolution 2004 -XX establishing salary ranges and rates.
Resolution No. 2004-xx
A RESOLUTION OF THE CITY COUNCI L OF THE CITY OF DIAMOND BAR
ESTABLISHING SALARY RANGES FOR ALL CLASSES OF EMPLOYMENT
EFFECTIVE THE PAY PERIOD COMMENCING JULY 1, 2004; RESCINDING
RESOLUTION NO. 2003-43 IN ITS ENTIRETY.
WHEREAS, the City Council of the City of Diamond Bar has adopted the annual budget for fiscal year
2004-2005;
WHEREAS, the City Council of the City of Diamond Bar wishes to establish salary ranges (Attachment 1, Schedule A-
E) for the compensation of its employees, including cost of living adjustments and compliance with minimum wage
requirements;
WHEREAS, it is necessary to assign each position to a job classification number that reflects the various levels as
either non-exempt full-time (Schedule A), exempt full-time (Schedule B), executive -manage ment (Schedule C), non -
benefited part-time (Schedule D) or benefited part-time (Schedule E) (Schedule A-E attached);
WHEREAS, it is necessary from time to time to establish comprehensive job classifications and salary schedules to fix
the rate of compensation to be paid to employees of the City;
NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Diamond Bar, does hereby repeal
all previous salary resolutions and establishes salary ranges for non-exempt full-time, exempt full-time, executive -
management, non -benefited part-time and benefited part-time as outlined in Salary Schedules
A-E.
PASSED, ADOPTED AND APPROVED this day of , 2004.
Bob Zirbes, Mayor
I, LINDA C. LOWRY, City Manager of the City of Diamond Bar, do hereby certify that the foregoing
Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of
Diamond Bar held on the day of , 2004, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
ABSTAIN: COUNCIL MEMBERS
ATTEST:
Linda C. Lowry, City Clerk
City of Diamond Bar
Schedule A
Effective 7/1/04
CITY OF DIAMOND BAR
SALARY RANGES BY POSITION
FY 2004-2005
FULL-TIME NON -EX EMP T POSITIONS
(JOB CLASSIFICATIONS 1000-1599)
RANGE
]OB Tm F
A B C D E E S
1037
Office Assistant
12.39 13.01 13.66 14.34 15.06 15.81 1(
991.2575 1,040.8204 1,092.8614 1,147.5045 1,204.8797 1,265.1237 1,328.3
2,147.69 2,255.11 2,367.87 2,486.26 2,610.57 2,741.10 2,871
1141
Account Clerk II
13.62 14.31 15.02 15.77 16.56 17.39 11
Community Services Coordinator
1,089.9225 1,144.4186 1,201.6395 1,261.7215 1,324.8076 1,391.0480 1,460.6
Office Assistant II
2,361.50 2,479.57 2,603.55 2,733.73 2,870.42 3,013.94 3,16,
1203
Parks Maintenance Worker II
14.37 15.09 15.84 16.63 17.47 18.34 1(.
1,149.5405 1,207.0175 1,267.3684 1,330.7368 1,397.2737 1,467.1374 1,540.4
2,490.67 2,615.20 2,745.96 2,883.26 3,027.43 3,178.80 3,33;
1257
Administrative Assistant
15.02 15.77 16.55 17.38 18.25 19.16 2(
Senior Account Clerk
1,201.2134 1,261.2741 1,324.3378 1,390.5547 1,460.0824 1,533.0865 1,609.7
2,602.63 2,732.76 2,869.40 3,012.87 3,163.51 3,321.69 3,48;
1365
Senior Administrative Assistant
15.83 16.62 17.45 18.32 19.24 20.20 2:
1,266.0654 1,329.3687 1,395.8371 1,465.6290 1538.9105 1,615.8560 1,696.6
2,743.14 2,880.30 3,024.31 3,175.53 3,334.31 3,501.02 3,67E
1437
Neighborhood Lrprovement Officer
17.17 18.03 18.93 19.87 20.87 21.91 2:
Recreation Specialist
1,373.4968 1,442.1716 1,514.2802 1589.9942 1,669.4939 1,752.9686 1,840.6
2,975.91 3,124.71 3,280.94 3,444.99 3,617.24 3,798.10 3,981
1519
Management lnbrmation System
18.15 19.05 20.01 21.01 22.06 23.16 2,
(10115) Technician
1,451.6316 1,524.2132 1,600.4238 1,680.4450 1,764.4673 1,852.6906 1,945.3
3,145.20 3,302.46 3,467.58 3,640.96 3,823.01 4,014.16 4,21,
Schedule B
Effective 7/1/04
CITY OF DIAMOND BAR
SALARY RANGES BY POSITION
FY 2004-2005
FULL-TIME EXEMPT POSITIONS
(JOB CLASSIFICATIONS 1600-1999)
RANGE JOB TITLE A B C D E F G
1635 Accountant II 19.52 20.50 21.52 22.60 23.73 24.92 26.
Assistant City Clerk 1,561.8800 1,639.9740 1,721.9727 1,808.0714 1,898.4750 1,993.3987 2,093.06
Assistant Engineer 3,384.07 3,553.28 3,730.94 3,917.49 4,113.36 4,319.03 4,534
Assistant Planner
Development Services Assistant
Management Analyst
Parks &Maintenance Supervisor
Public Works Supervisor
Recreation Supervisor
1752
Senior Management Analyst
20.99 22.04 23.14 24.30 25.51 26.79 28.
Sr. Neighborhood hVrovement Officer
1,679.0212 1,762.9723 1,851.1209 1,943.6769 2,040.8608 2,142.9038 2,250.04
3,637.88 3,819.77 4,010.76 4,211.30 4,421.86 4,642.96 4,875
Public Nbrnnation Coordinator
1897
22.66 23.79 24.98 26.23 27.54 28.92 30.
Recreation Supervisor II
1,812.7125 1,903.3481 1,998.5155 2,098.4413 2,203.3633 2,313.5315 2,429.20
Senior Accountant
3,927.54 4,123.92 4,330.12 4546.62 4,773.95 5,012.65 5,263
Superintendent ofParksMlainten ance
1987
Associate Planner
23.73 24.92 26.17 27.47 28.85 30.29 31.
Associate Engineer
1,898.6747 1,993.6084 2,093.2889 2,197.9533 2,307.8510 2,423.2435 2,544.40
Executive Assistant
4,113.80 4,319.48 4,535.46 4,762.23 5,000.34 5,250.36 5,512
1990
Senior Engineer
25.51 26.79 28.13 29.53 31.01 32.56 34.
Senior Planner
2,041.0752 2,143.1289 2,250.2854 2,362.7996 2,480.9396 2,604.9866 2,735.23
4,422.33 4,643.45 4,875.62 5,119.40 5,375.37 5,644.14 5,926
1995
Public Hfomiation Manager
27.54 28.92 30.36 31.88 33.48 35.15 36.
2,203.3528 2,313.5204 2,429.1964 2,550.6563 2,678.1891 2,812.0985 2,952.70
4,773.93 5,012.63 5,263.26 5,526.42 5,802.74 6,092.88 6,397
CITY OF DIAMOND BAR
SALARY RANGES BY POSITION
FY 2004-2005
EXECUTIVE MANAGEMENT (EXEMPT) POSITIONS
(JOB CLASSIFICATIONS 2000-3999)
RANGE 106 TITLE
2319 Assistant to the City Manager
City Clerk
2571 Deputy Public Works Director
Planning Manager
2985 City EngineerrPublic Works Director
Corrin Development Director
Comrrunity Services Director
Finance Director
3172 Deputy City Manager
Schedule C
Effective 7/1/04
A B C D E F G
27.69 29.08 30.53 32.06 33.66 35.34 37.
2,215.4376 2,326.2095 2,442.5200 2,564.6460 2,692.8783 2,827.5222 2,968.84
4,800.11 5,040.12 5,292.13 5556.73 5,834.57 6,126.30 6,432
30.71 32.24 33.85 35.55 37.32 39.19 41.
2,456.5105 2,579.3360 2,708.3028 2,843.7179 2,985.9038 3,135.1990 3,291.9E
5,322.44 5,588.56 5,867.99 6,161.39 6,469.46 6,792.93 7,132
35.65 37.44 39.31 41.27 43.34 45.50 47.
2,852.3043 2,994.9195 3,144.6655 3,301.8988 3,466.9937 3,640.3434 3,822.3 E
6,179.99 6,488.99 6,813.44 7,154.11 7,511.82 7,887.41 8,281
37.89 39.78 41.77 43.86 46.05 48.36 50.
3,031.0310 3,182.5826 3,341.7117 3,508.7973 3,684.2372 3,868.4490 4,061.8i
6,567.23 6,895.60 7,240.38 7,602.39 7,982.51 8,381.64 8,800
CITY OF DIAMOND BAR
SALARY RANGES BY POSITION
FY 2004-2005
Schedule D
Effective 7/1/04
PART-TIME HOURLY: NON -BENEFITED POSITIONS
(Job Classifications 500 - 899)
RANGE 70B TITLE A B C D E F G
515 Conrrunity Services Worker 7.27 7.64 8.03 8.60 8.84 9.29 9.
537 Community Services Leader I
753 Conrrunity Services Leader II
Intern
Parks Maintenance Flelper
770 Parks Maintenance Ftlper II
775 Comrmnity Services Coordinator
800 Engineering Aide
7.95
8.34
9.00
9.61
10.25
10.57
11.
8.99
9.61
10.25
10.88
11.54
12.19
12.
12.39
13.02
13.66
14.34
15.07
15.81
16
13.63
14.30
15.02
15.78
16.55
17.39
18
15.01
15.76
16.54
17.38
18.25
19.16
20.
Schedule E
Effective 7/1/04
PART-TIME HOURLY: BENEFITED POSITIONS
(Job Classifications
900 - 999)
RANGE ]OB TITLE A
El C D
E
E Sz
937 Community Services Leader I 7.95
8.34 9.00 9.61
10.25
10.88 11.
953 Community Services Leader II 8.99
9.61 10.25 10.88
11.54
12.19 12.
987 Neighborhood Improvement Officer 17.17
18.02 18.93 19.88
20.87
21.91 23.
Agenda # 8.2
Meeting Date: June 15, 2004
CITY COUNCIL AGENDA REPORT
�JF�i1f1n1^t R*����
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Consideration of an advisory committee forthe City of Industry Business Center
Project
RECOMMENDATION:
It is recommended that the City Counc it direct staff as appropriate.
FISCAL IMPACT:
Unknown atthis time.
BACKGROUND:
The City of Industry proposes construction of a 594 -acre commercial retail, office and industrial
development to be located upon property owned by Industry and located genera Ilynorth and south of
Grand Avenue. The hillside site is situated adjacent to residential properties and Diamond Bar
Honda. The City of Industry has distributed a Draft Environmental Impact Report for public review.
The public review period will close July 16, 2004. Diamond Bar City staff is presently reviewing the
documents and will prepare a comment letterto bedelivered to Industry.
It has been suggested that an advisory committee be created from which the Council would receive
advice on aspects of the project. A similar advisory committee, comprised of ten -members with a
member of the City Council serving as Chairperson, was created in July 2000 for the City of Industry
development known today as the Grand Crossing /Majestic Project.
It is recommended that the City Council consider this matter and direct the City staff as deemed
appropriate.
Prepared by:
James DeStefano
Deputy City Manager