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CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
August 3, 2004
CLOSED SESSION: 5:00 p.m., Room CC -8
Public Comments
Government Code Section 54956.9(c) -
Potential Litigation (1 case)
STUDY SESSION: 5:15 p.m., Room CC -8
Discussion re: Speed Zone Survey
Diamond Bar Chamber of Commerce Services Update
Public Comments
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
INVOCATION: Ryan Stephens (1 st Councilor)
Church of Jesus Christ of Latter Day Saints
ROLL CALL: Council Members Chang, Huff, O'Connor,
Mayor Pro Tem Herrera, Mayor Zirbes
APPROVAL OF AGENDA: Mayor
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Presentation of City Tile to Mr. Jeff Koontz for his Years of Service
As the Diamond Bar Chamber of Commerce Executive Director.
BUSINESS OF THE MONTH:
1.2 Presentation of City Tile to Prospecto rs Federal Credit Union's Director of
Marketing, Mike Roberts.
AUGUST 3, 2004 PAGE 2 CITY COUNCIL
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
2.1 Walnut Valley Water District Project Presentation.
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 itto the City Clerk (completion of this form is voluntary). There is a five-
minute maximum time limitwhen addressing the City Council.
4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the
City Council may briefly respond to public comments but no extended discussion and no
action on such matters may take place.
5. SCHEDULE OF FUTURE EVENTS:
5.1 CONCERT IN THE PARK - (Bill Davis & Endless Highway - Country) -
August 4, 2004 - 6:30 - 8:00 p.m., Sycamore Canyon Park, 22930
Golden Spgs. Dr.
5.2 PLANNING COMMISSION MEETING - August 10, 2004 - 6:00 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr.
5.3 CONCERT IN THE PARK (Final) - (Ticket to Ride - Beatles Tribute) -
August 11, 2004 -6:30 -8:00 p.m., Sycamore Canyon Park, 22930
Golden Spgs. Dr.
5.4 TRAFFIC AND TRANSPORTATION COMMISSION - August 12, 2004 -
7:00 p.m., AQMD/Government Center Board Hearing Room, 21865
Copley Dr.
5.5 COMMUNITY COORDINATING COMMITTEE - August 16, 2004 - 7:00
p.m., AQMD/Government Center, Room to be determined, 21865 Copley
Dr.
5.6 CITY COUNCIL MEETING - August 17, 2004 - 6:30 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr.
6. CONSENT CALENDAR:
6.1 City Council Minutes - Regular Meeting of July 20, 2004 -Approve as
submitted.
AUGUST 3, 2004 PAGE 3 CITY COUNCIL
6.2 Warrant Registers -Approve Warrant Registers dated July 22 and
July 29, 2004, in the amount of $626,987.87.
Requested by: Finance Division
6.3 Treasurer's Statement - month of June, 2004.
Recommended Action: Review and approve.
Requested by: Finance Division
6.4 Change of City Council Appointments.
Recommended Action: Approve.
Requested by: City Manager
6.5 Approve Second Reading and adopt Ordinance No. 05(2004)
Approving Zone Change No. 2002-02 changing the existing zoning
from A-1-15,000 to C-2 for a property of approximately 2.22 acres
identified as APN 8763-007-002 located at 1035 1/2 Banning Way, and
amending the Zoning Map.
Recommended Action: Approve for second reading by title only, waive full
reading and adopt.
Requested by: Planning Division
6.6 Adopt Resolution No. 2004 -XX: Approving Installation of Multi -
Way Stop Signs on Pantera Drive and Rexford Court.
Recommended Action: Adopt.
Requested by: Public Works Division
6.7 Adopt Resolution No. 2004 -XX: Authorizing and Approving Sale
of $400,000 of Proposition A Funds (Local Return Transit Funds) to
the City of Industry for General Funds.
Recommended Action: Adopt.
Requested by: Public Works Division
AUGUST 3, 2004 PAGE 4 CITY COUNCIL
6.8 Authorize City Manager to purchase computer network hardware
from Hewlett Packard throughout FY 04-05 for an amount not to
exceed $40,000.
Recommended Action: Authorize.
Requested by: City Manager
6.9 Approve Extension of contract with D.H. Maintenance Services to
provide janitorial and building maintenance services at the D.B.
Center, Heritage Park Community Center, Pantera Park Activity
Room and Sycamore Canyon Park Portable Building in an amount
not to exceed $166,394 for FY 2004/05.
Recommended Action: Approve.
Requested by: Community Services Division
6.10 Adopt Resolution No. 2004 -XX Establishing an IRS
Code Section 125 Flexible Cafeteria Benefits Plan.
Recommended Action: Adopt.
Requested by: Human Resources Division
6.11 Approving Payment of Additional Funds for the National
Pollutant Discharge Elimination System (NPDES) Permit Litigation in
the amount of $3,000.
Recommended Action: Approve.
Requested by: Public Works Division
6.12 Approve two-year contract extension with Huls Environmental
Management, LLC, for Consulting Services in FY 2004-05 and FY 2005-
06 in the amount of $15,000 per year.
Recommended Action: Approve.
Requested by: Public Works Division
AUGUST 3, 2004 PAGE 5 CITY COUNCIL
6.13 Approve appropriation of additiona 1$41,011.36 from CDBG funds for
the FY 2003-04 Sidewalk Installation Project on Golden Springs Drive,
for a total contract authorizati on amount of $110,537.48; and authorize
the City Clerk to file a Notice of Completion.
Recommended Action: Approve and direct.
Requested by: Public Works Division
6.14 Award contract amendment with Warren C. Siecke for Design
Engineering Services for the Pathfinder Road/Peaceful Hills Road
Traffic Signals Project in the amount of $8,000; and, authorize a
contingency amount of $2,000 for Change Orders to be approved by
the City Manager, for a total authorization amount of $10,000.
Recommended Action: Approve and authorize.
Requested by: Public Works Division
6.15 Approve 2% cost of living increase to the hourly rates for City Attorney
Services.
Recommended Action: Approve.
Requested by: City Manager
7. PUBLIC HEARINGS:
7.1 Adopt Resolution No. 2004 -XX: Finding the City in Conformance with
the Congestion Management Program (CMP) and Adopting the CMP
Local Development Report, inAcco rdance with California Government
Code Section 65089.
Recommended Action: Adopt.
Requested by: Planning Division
8. COUNCIL CONSIDERATION:
8.1 (a) Adopt Resolution No. 2004 -XX: Adopting the Speed Zone
Survey. Continued from July 20, 2004.
Recommended Action: Adopt.
AUGUST 3, 2004 PAGE 6 CITY COUNCIL
(b) Approve First Reading Ordinance No. OX (2004): Amending
Section 10.12.310 of the Diamond Bar City Code Regarding Prima
Facie Speed Limits Upon Certain City Streets. Continued from July
20, 2004
Recommended Action: Approve for first reading by title only, waive
full reading.
Requested by: Public Works Division
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10. ADJOURNMENT:
Agenda No. 6.1
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
JULY 20, 2004
CLOSED SESSION: 6:00 p.m. —Room CC -8
Government Code Section 54956.9(b) — Potential Litigation — one case.
CALL TO ORDER: Mayor Zirbes called the regular City Council meeting to
order at 6:50 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr.,
Diamond Bar, CA.
M/Zirbes reported that during tonight's Closed Session there was no reportable action
to ken.
PLEDGE OF ALLEGIANCE: Mayor Zirbes led the Pledge of Allegiance.
INVOCATION: Council Member Huff gave the Invocation.
ROLL CALL: Council Members Chang, Huff, O'Connor, and Mayor
Zirbes. Mayor Pro Tem Herrera was excused.
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; April Blakey, Public
Information Manager; and, Tommye Cribbins, Assistant City Clerk.
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 C/O'Connor read a Proclamation proclaiming July 18-24, 2004 as "Probation,
Parole and Community Supervision Week. Jeff Fagot, Chief Deputy
Administrator for Parole was present. It was indicated that C/Chang had
presented the Proclamation during a ceremony earlier in the day.
NEW BUSINESS OF THE MONTH:
1.2 C/Chang presented a Certificate Plaque for "The Gourmet Essentials" to
Marili Raymundo, Owner. Ms. Raymundo presented Council with a sampling
of the many items offered in the store.
BUSINESS OF THE MONTH:
1.3 C/Huff presented aCity Tile to Ayres Suites, Diamond Bar General Manager
Veronica H. Cabuco.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered.
JULY 20, 2004 PAGE 2 CITY COUNCIL
PUBLIC COMMENTS: Carolyn Anderson announced that shewas back
in D.B. serving as the City's Waste Management Representative.
Jack Istik, 22607 Dry Creek Road, spoke about the City of Industry's proposed
development. Hewas concerned that except for the February newsletter, residents
had not received a mailing from either the City of Industry or from D.B. about the
project in time for residents to respond to the EIR. Hesuggest ed street names be
placed on the map and that it contained a description of the proposal as it was
intended to be located north of the SR 60 on both sides of Grand Avenue from
existing residences on the west to existing residences on the east. He thanked
DCM/DeStefano for staffs response to the proposed project. Hefe Itthe City and its
residents should be able to look at all aspects of this enormous project from its
inception.
Marie Buckland believed that history was repeating itselfbecause the residents were
also not given ample time to provide input on the Industry East Project. She
wondered if Council was looking after the citizens' interest by failing to notify the
residents about the proposed project. She also believed the lawprovided for public
notification to areas impacted by the project.
RESPONSE TO PUBLIC COMMENTS: CM/Lowry agreed with a prior
speaker that DCM/DeStefano provided a sufficient response to the draft EIR, the
document included in tonight's Consent Calendar as a "Receive and File"item. This
response follows the response the City made to the Notice of Preparation earlier this
yea r.
DCM/DeStefano stated that the City was awareof this project and had responded to
the project since first notified in December 2003. D.B. received a Notice of
Preparation, which is required by State law prior to the preparation of the
Environmental Impact Report. D.B. and other surrounding cities had an opportunity
to comment during a prescribed period oftime that ran through December 2003 into
early January 2004. Accordingly, D.B. prepared an eight or nine page response
letter to the City of Industry, and the City Council considered the letter during a
public study session held in early January 2004. The proposed 600 -acre site with a
proposal for about 4.8 million square feet of development would be located behind
the Honda Dealership, from the homes at the end of Washington Street to the
homes atthe end of Sunset Crossing Road. The City of Industry had provided very
limited information about the proposal and what land uses might appear in the
commercial, corporate and automotive areas. There was no information about size,
type, number of employees, number of customers, etc. D.B.'s primary comments
were that the project lacked an adequate description, that there was concern about
the compatibility of the project with adjacent D.B. properti es and more specifically
the residential properties as well as impacts to those properties. As a result, D.B.
asked for very generous setbacks between residential properties and the proposed
new buildings, landscaping to help buffer the buildings, mitigation for lighting that
could potentially splash down onto residential properties, etc. and expressed
concerns over what types of land uses were proposed and whethe rthose land uses
would generate additional traffic impacts to D.B. Further, D.B. objected to the loss of
JULY 20, 2004 PAGE 3 CITY COUNCIL
businesses at the City's traffic intersections that would provide ingress/egress for
the Industry project with no compensation to or direct benefit to D.B. The City's
response to a potential major road connecti on to Sunset Crossing Road was that
Sunset Crossing Road like Washington Street was specifically designated in the
City's General Plan as a cul-de-sac. City Council directed staff to prepare the
February newsletter story referenced by Mr. Istik. The story contained a photograph
ofthe proposed project that had been provided to the City by the City oflndustry as
well as a description of the project based upon what was known at the time. D.B.
received very limited comment about the citywide distributed newsletter article. If
this were a D.B. project the City would require notice to all property owners
surrounding the sitewithin a700 -foot radius as well asadjacent cities. However, this
was a City oflndustr yproject and their mailing requirements were unknown to D.B.
Based upon prior projects, the City of Industry follows the State's minimum
requirements for notification of 300 -feet with no obligation to notify residents
immediately adjacent to the proposed project. It does, however, obligate them to
notify immediately adjacent cities. The City of Industry published its EIR document in
mid-June and in accordance with state law D.B. had about six weeks to respond. A
copy of the response letter is contained within tonight's City Council packet.
M/Zirbes explained that the City Counc it created an Advisory Committee for the
proposed City of Industry project. Members have not been appointed because the
City of Industry has not yet identified what they plan to construct. He said that he
was comfortable with the City's responses to date.
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5.1 CONCERT IN THE PARK (LA Blues — Classic Rock/Latin) — July 21,
2004 —6:30 -8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Dr.
5.2 PARKS AND RECREATION COMMISSION MEETING — July 22, 2004 —
7:00 p.m., AQMD/Government Center Hearing Board Room, 21865 Copley
Dr.
5.3 PLANNING COMMISSION MEETING — July 27, 2004 — 7:00 p.m.,
AQMD/Government Center Auditorium, 21865 Copley Dr.
5.4 CONCERT IN THE PARK (Upstream —Caribbean) —July 28, 2004 — 6:30 —
8:00 p.m., Sycamore Canyon Park, 22930 Golden Springs Dr.
5.5 Library Task Force Meeting (Final) — August 2, 2004 — 6:00 p.m.,
AQMD/Government Center Room CC -8, 21865 Copley Dr.
5.6 CITY COUNCIL MEETING — August 3, 2004 — 6:30 p.m.,
AQMD/Government Center, 21865 Copley Dr.
JULY 20, 2004 PAGE 4 CITY COUNCIL
6. CONSENT CALENDAR: C/O'Connor moved, C/Chang seconded to
approve the Consent Calendar as presented. Motion carried by the following Roll
Call vote:
AYES: COUNCIL MEMBERS: Chang, Huff, O'Connor, M/Zirbes
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: MPT/Herrera
6.1 City Council Minutes:
6.1.1 Approved Adjourned Regular Meeting of June 29, 2004 — as
submitted.
6.1.2 Approved Study Session of Ju ly 6, 2004 — as submitted.
6.1.3 Approved Regular Meeting of July 6, 2004 — as submitted.
6.2 Planning Commission Minutes — Regul ar Meeting of June 22, 2004 —
Received and filed.
6.3 Traffic and Transportation Commission Minutes — Regular Meeting of June
10, 2004 — Received and filed.
6.4 APPROVED VOUCHER REGISTERS dated July 8 and July 15, 2004 in an
amount totaling $1,244,249.81.
6.5 REJECTED CLAIMS:
6.5.1 Filed by Joseph Randall Barksdale on June 29, 2004.
6.5.2 Filed by Julie Galindo on May 28, 2004
6.6 APPROVED EXTENSION OF CONTRACT WITH SOUTHLAND SPORTS
OFFICIALS FOR FY 2004-05 IN AN AMOUNT NOT -TO- EXCEED $30,000.
6.7 APPROVED EXTENSION OF CONTRACT IN AN AMOUNT NOT -TO -
EXCEED $55,000 WITH JAMES B. CL ARKE FOR LEGISLATIVE ANALYSIS
AND CONSULTING SERVICES.
6.8 APPROVED CONTRACT AMENDMENT NO. 4 WITH TRUGREEN
LANDCARE FOR THE FIRST SIX MONTHS OF FY 2004-05 IN THE
AMOUNT OF$101,690 WHICH INCLUDE DA 3.7% C.P.I. INCREASE; AND
AUTHORIZED A$25,000 CONTINGENCY FOR ADDITIONAL WORK THAT
MAY BE ASSIGNED BETWEEN JULY 1 AND DECEMBER 31, 2004.
6.9 ADOPTED RESOLUTION NO. 2004-41: CREATING ABOND RETIREMENT
RESERVE TO ACCELERATE THE REPAYMENT OF THE 2002 LEASE
REVENUE BONDS ISSUED BY THE DIAMOND BAR PUBLIC FINANCING
AUTHORITY.
6.10 ADOPTED CITY COUNCIL GOALS AND OBJECTS FOR FY 2004-05.
JULY 20, 2004 PAGE 5 CITY COUNCIL
6.11 APPROVED AMENDMENT TO THE FY 2004-05 CITY BUDGET
REGARDING THE PARKS CAPITAL IMPROVEMENT PROGRAM TOADD
PANTERA PARK PICNIC SHELTERS AND REALLOCATE SPECIAL FUND
APPROPRIATIONS.
6.12 AWARDED CONTRACT FOR NEIGHBORHOOD TRAFFIC MANAGEMENT
PROGRAM (NTMP) TO KATZ, OKITSU & ASSOCIATES (KOA) IN THE
AMOUNT OF$64,980 AND AUTHORIZED ACONTINGENCY AMOUNT OF
$10,020 FOR CHANGE ORDERS TO BE APPROVED BY THE CITY
MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF $75,000.
6.13 RECEIVED AND FILED LETTER OF RESPONSE TO THE DRAFT
ENVIRONMENTAL IMPACT REPORT (DEIR) FOR THE PROPOSED CITY
OF INDUSTRY BUSINESS CENTER PLAN FOR DEVELOPMENT.
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7.1 CONSIDERATION OF RECOMMENDATION OF THE LOCAL LAW
ENFORCEMENT BLOCK GRANT (LLEBG) ADVISORY BOARD FOR
EXPENDITURE OF GRANT FUNDS IN THE AMOUNT OF $11,376.20 FOR
FY 2004-05.
DCM/Doyle reported that each year the City applies for Block Grant funds
and this year the City was allocated slightly more than $10,000, a substantial
reduction over last and prior year's allocations. He indicated that once the
allocation drops below $10,000 cities are no longer eligible to receive these
funds.
M/Zirbes opened the Public Hearing.
With no one present who wished to speak on this item, M/Zirbes closed the
Public Hearing.
C/Huff moved, C/O'Connor seconded, to approve expenditure of LLEBG
Grant Funds in the amount of $11,376.20 for FY 2004-05. Motion carried by
the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Huff, O'Connor, M/Zirbes
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: MPT/Herrera
7.2 (a) FIRST READING OF ORDINANCE NO. 05(2004): APPROVING
ZONE CHANGE NO. 2002-02 CHANGING THE EXISTING ZONING FROM
A-1-15,000 TOC -2 FOR APROPERTY OF APPROXIMATELY 2.22 ACRES
IDENTIFIED ASAPN 8763-007-002 LOCATEDAT1035 '/26ANNING WAY.
JULY 20, 2004 PAGE 6 CITY COUNCIL
(b) ADOPT RESOLUTION NO. 2004-42: APPROVING CONDITIONAL
USE PERMIT 2003-02, DEVELOPMENT REVIEW NO. 2003-07, AND TREE
PERMIT NO. 2004-05 ADOPTING NEGATIVE DECLARATION NO. 2003-06,
AREQUEST TOCONSTRUCT ATWO-STORY COMMERCIAL BUILDING
OFAPPROXIMATELY 52,000 SQUARE FEET WITH AN UNDERGROUND
PARKING GARAGE AND REMOVE AND REPLACE ONE (1) OAK TREE
AND TWO (2) PEPPER TREES. THE PROJECT IS LOCATED AT 1035 '/2
BANNING WAY (APN 8763-007-002).
DCM/DeStefano explained the proposed project and stated that it met or
exceeded all City Code requirements in terms of parking, setbacks,
adherence to height requirements, landscaping requirements, etc. Access to
the Project would originate from Golden Springs Drive with a secondary
access from Banning Way. He further explained that the existing Oak and
Pepper trees proposed for removal and replacement presented an
obstruction to vehicle movement. Asa result, nine trees would be provided
on-site or financial equivalent for replacement on City property. In addition
more than 100 trees, plants and shrubs would be planted on the site in
accordance with the proposed landscape plan. The project's architecture was
somewhat similar to the adjacent buildings while offering an architectural
scheme more suitable to an office building. The building fronts Golden
Springs Drive and the architecture wraps all four highly visible sides. In
accordance with the City's review the developer would be required to
contribute $67,000 to relieve direct and area wide traffic impacts. In addition,
the developer would contribute approximately $33,000 toward the future
Banning Way signal, if implemented.
DCM/DeStefano reported that staff reviewed this project taking into
consideration the worst-case scenario to ensure sufficient access points and
parking spaces in case of a freeway on-off ramp at Lemon Avenue. Staff
believed that through incorporated modifications and proposed conditions
that all environmental issues had been satisfactorily concluded without a
mitigation program for the project. The Planning Commission concurred with
staffs recommendation that the proper zoning for the project should be C-2
and ultimately the developer concurred. As a result, the Planning
Commission recommended City Council approval of the Resolution, CUP,
Development Review, Tree Permit and Negative Declaration. Staff
recommends that the City Council approve First Reading of the Ordinance
changing the zone and adopt the inclusive Resolution.
M/Zirbes opened the Public Hearing.
Myung Chung, applicant and project architect, thanked staff for their report
and recommendation and thanked the property owner for his patience in
pursuing the proper zoning. Hereiterated that the project metand exceeded
the City's codes and necessary mitigation had been addressed. He said the
project would beaesthetically pleasing to the surrounding area, and that the
applicant had read staffs report and concurred with the conditions of
JULY 20, 2004 PAGE 7 CITY COUNCIL
approval. He asked for Council's approval
M/Zirbes closed the Public Hearing.
C/Chang was pleased the developer agreed to the C-2 zone change and felt
the project would be a welcome addition to the City.
C/Chang moved, C/Huff seconded, to approve First Reading of Ordinance
No. 05(2004) approving Zone Change No. 2002-02 and adopt Resolution No.
2004-42 approving Conditional Use Permit No. 2003-02, Development
Review No. 2003-07, Tree Permit No. 2004-05 and adopt Negative
Declaration No. 2003-06. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Huff, O'Connor, M/Zirbes
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: MPT/Herrera
C/O'Connor welcomed the developer and potential businesses. She said she
looked forward to a new restaurant.
C/Chang asked the developer to follow the City's Sign Ordinance.
DCM/DeStefano stated that atthe appropriate timethe Planning Commission
would consider a separate sign package from the developer.
COUNCIL CONSIDERATION
8.1 (a) ADOPT RESOLUTION NO. 2004-43: ADOPTING THE SPEEDZONE
SURVEY.
(b) APPROVE FIRST READING OF ORDINANCE NO. 06(2004):
AMENDING SECTION 10.12.310 OF THE DIAMOND BAR CITY CODE
REGARDING PRIMA FACIE SPEED LIMITS UPON CERTAIN CITY
STREETS.
PWD/Liu introduced Warren Siecke who provided a presentation on the
Citywide Speed Zone Survey. Henoted a correction on Page 5, Paragraph 1
to wit: The speed zone survey needed to be updated every seven years
instead of every five years. He explai ned that the reason for surveys was to
justify established speed limits primarily on arterial streets. Typically, speeds
would be at the court required 85 percentile unless the street had seen a
higher than typical accident rate. In summary, herecommended 10 segments
for a decrease in speed limitand one for an increase with the balance of the
streets to remain as is.
C/O'Connor wanted confirmation that if the City reduced speeds in areas
favored for enforcement bythe Sheriffs Department that the City could point
to the survey to justify the conclusion that the areas were not considered
JULY 20, 2004 PAGE 8 CITY COUNCIL
"speed traps."
Mr. Siecke confirmed her statement
M/Zirbes wanted to know why the survey recommended leaving the speed
limit at 45 mph on Pathfinder Road because there were a lot of students in
the D.B.H.S. area and the major approach to D.B. provided downhill
momentum for traffic approaching Diamond Bar Boulevard. Given the high
accident factor why would the survey recommend leaving the speed at 45
mph instead of reducing the speed to 40 mph?
Mr. Siecke explained that another factor used in setting speed limitswas to
make sure that short areas were not hindered by lower speed limits that
created speed traps. Engineers try to main tain continuity between adjacent
zones and in this case, the area west of Evergreen Springs was 45 mph with
no accidents. However, if directed by the Council to do so, he could justify a
40 mph speed limit in that immediate area.
M/Zirbes said he was not looking atone particular area but ataccident rates
citywide. He felt that a 40 mph speed limit would be more consistent for
Pathfinder Road given the number of students present, the volume of traffic
and the high accident rate.
Mr. Siecke said he would concur with M/Zirbes that the entire length of
Pathfinder Road from Evergreen Springs to Diamond Bar Boulevard could be
posted at 40 mph due to the higher accident rate.
C/O'Connor pointed out that several other streets had higher accident rates
than Pathfinder Road and it appeared to her that in this case the City would
not be consistent in its app lication if the posted limitfor only one street were
changed. She felt that CA/Jenkins should comment on this matter.
Mr. Siecke suggested that the entire matter be reconsidered because
arbitrary changes would likely be challenged in Court. In the case of
Pathfinder Road hefelt there was sufficient justification whereas there may
not bejustification to change other streets.
C/O'Connor agreed with M/Zirbes about Pathfinder Road but felt if the City
were willing to reduce the speed limit on a street with an accident rate of
1.79, the area from Peaceful Hills to Brea Canyon with an even higher
accident rate would also qualify for a speed reduction. She felt that the
Council should move on the advice of the consultant and not second-guess
his recommendations.
Mr. Siecke stated that M/Zirbes' recommendation was logical and that other
areas of the City would not necessarily meet the criteria for change.
JULY 20, 2004 PAGE 9 CITY COUNCIL
C/Huff agreed that the matter deserved more attention by the Council and
further study by staff. He suggested the matter be continued.
There was no one present who wished to speak on this item.
C/O'Connor concurred with C/Huffs recommendation to receive additional
input and asked staff to provide information about the number of tickets
issued in the areas contemplated for reduction of speed.
C/Huff moved, M/Zirbes seconded, to continue the item to the August 3
Study Session and regular meeting. Motion carried bythe following Roll Call
vote:
AYES: COUNCIL MEMBERS: Chang, Huff, O'Connor, M/Zirbes
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: MPT/Herrera
8.2 WASTE MANAGEMENT SERVICES' RESIDENTIAL TRASH RATE
ADJUSTMENT FOR CONSUMER PRICE INDEX (CPI) COSTS.
CM/Lowry stated that Council previously approved a rate increase for Valley
Vista. The City allows an annual CPI and disposal cost adjustments as well
as extraordinary adjustments as needed. The City Manager has authority to
approve a CPI adjustment only. Waste Management requested a CPI
adjustment and a disposal adjustment. The issue was that the way the
contract was written the manner in which the increase could beawarded was
if the rates for disposal increased. Ironically, Waste Management managed
their disposal bytaking itto more than one disposal site and because oftheir
management they had not experienced a rate increase this year unlike the
other hauler. They had, however, experienced an increase in their disposal
cost because the City's tonnage increased by 10 percent. Staff worked with
Waste Management to determine the issues that contributed to the increase
of the amount of disposal tonnage and absent that information, staff was
unable to ascertain the reason for the increase. However, Waste
Management had experienced an $80,000 increase in costs and byawarding
them the CPI the City would bepassing along only 50 percent ofthe ability to
recapture the increase. Staff would continue to pursue the reason for the
increase.
C/Huff commented that with a better economy the public's consumption of
goods had likelyincreased thereby increasing the amount ofwaste.
CM/Lowry said that staff was concerned that in order to get through last
year's rate adjustment process the formula was amended and staff would be
looking to amend the language of the formu la this year to provide the City
with another approach to adjusting the rates and rather than come to the
Council every year staff proposed to look at long-term solutions for helping
the City's waste managers recover their costs.
JULY 20, 2004 PAGE 10 CITY COUNCIL
C/Chang moved, C/Huff seconded, to Rece iveand Filestaf's report. Motion
carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Huff, O'Connor, Zirbes
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: MPT/Herrera
9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
C/O'Connor congratulated Asst. City Clerk Cribbins on reaching her 15 -year
milestone with the City. She announced that D.B. lost a great citizen and volunteer
last week and asked that tonight's meeting be adjourned in memory of Dr. Gerald
Zunino.
C/Huff offered no comments.
C/Chang said he shared his fellow Council Member's comments
M/Zirbes congratulated Tommye Cribbins on her 15 years ofserviceto the City. He
thanked those present and those watching tonight's meeting for their participation
and invited residents to stay in touc h with Council Members and in tune with
community happenings.
10. ADJOURNMENT: There being no further business to conduct, M/Zirbes adjourned
the meeting at 8:37 p.m. in memory of Dr. Gerald Zunino.
LINDA C. LOWRY, CITY CLERK
The foregoing minutes are hereby approved this day of , 2004.
BOB ZIRBES, MAYOR
AGENDA #6.2
NOTICE REGARDING THE WARRANT REGISTER
Please note that the Warrant Register has not been included
in the electronic versions of the City Council Agenda
Packets on the City's Web Site because severe formatting
errors occur when attempting to convert this material. If you
are interested in receiving a copy of the Warrant Register,
please contact the City Clerk's office at 909-839-7000 to
receive a FAXed copy or to pick one up in person.
We apologize for the inconvenience.
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Treasurer's Statement — June 30, 2004
RECOMMENDATION:
Approve the June 2004, Treasurer's Statement.
FINANCIAL IMPACT:
No Fiscal Impact
BACKGROUND:
Agenda # _6.3
Meeting Date: Aug. 03, 2004
AGENDA REPORT
Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City
Council's review and approval. This statement shows the preliminary cash balances for the various
funds, with a breakdown of bank account balances, investment account balances and the effective
yield earned from investments.
PREPARED BY:
Susan Full, Accountant II
Department Head
Attachments:
Treasurer's Statement
Deputy City Manager
CITY OF DIAMOND BAR
TREASURER'S MONTHLY CASH STATEMENT
June 30, 2004
(Preliminary)
GENERAL FUND
LIBRARY SERVICES FUND
COMMUNITY ORG SUPPORT FD
GAS TAX FUND
TRANSIT TX (PROP A) FD
TRANSIT TX (PROP C) FD
ISTEA Fund
INTEGRATED WASTE MGT FD
AB2928-TR CONGESTION RELIEF FD
AIR QUALITY IMPRVMNT FD
PARK &FACILITIES DEVEL. FD
COM DEV BLOCK GRANT FD
CITIZENS OPT -PUBLIC SAFETY FD
NARCOTICS ASSET SEIZURE FD
CA LAW ENFORCEMENT EQUIP PRGM
LANDSCAPE DIST #38 FD
LANDSCAPE DIST #39 FD
LANDSCAPE DIST #41 FD
GRAND AV CONST FUND
CAP IMPROVEMENT PRJ FD
SELF INSURANCE FUND
EQUIPMENT REPLACEMENT FUND
COMPUTER REPLACEMENT FUND
PUBLIC FINANCING AUTHORITY FUND
TOTALS
SUMMARY OF CASH:
DEMAND DEPOSITS:
BEGINNING TRANSFERS ENDING
BALANCE RECEIPTS DISBURSEMENTS IN (OUT) BALANCE
$23,185,098.88
$1,168,530.83
$1,006,737.19
$23,346,892.52
$23,346,892.
81,037.95
81,037.95
81,037.
(8,854.00)
3,500.00
(12,354.00)
(12,354.(
587,184.95
498,518.60
1,085,703.55
1,085,703.
1,330,516. 79
209,979.01
63,120.35
1,477,375.45
1,477,375.
856,872.26
67,267.12
924,139.38
924,139.
0.00
0.00
0.
556,283. 98
3,845.00
30,683.59
529,445.39
529,445.
0.00
0.00
0.
149,44 3.01
17,977.19
14,802.26
152,617.94
152,617.
2,467,348.78
2,467,348.78
2,467,348.
(36,125. 21)
37,921.00
17,802.09
(16,006.30)
(16,006.:
224,012.94
3,263.18
220,749.76
220,749.
311,951.13
311,951.13
311,951.
85,549.82
85,549.82
85,549.
539,195.06
49,690.63
489,504.43
489,504.
301,756.73
11,555.74
290,200.99
290,200.
404,054.11
9,299.72
394,754.39
394,754.
111,579.53
111,579.53
111,579.
(813,439. 54)
680.00
136,570.67
(949,330.21)
(949,330.
1,239,490. 96
53,611.00
1,293,101.96
1,293,101.
193,530.28
193,530.28
193,530.
(3,397.44)
(3,397.44)
(3,397.
666, 607.27
361.41
13,288.85
653,679.83
653,679.
$32,429,698.24
$2,058,691.16
$1,360,314.27
$0.00 $33,128,075.13
$33,128,075.
GENERAL ACCOUNT $536,267.11
PAYROLL ACCOUNT 123,157.25
CHANGE FUND 250.00
PETTY CASH ACCOUNT 500.00
TOTAL DEMAND DEPOSITS $660,174.36
INVESTMENTS: US TREASURY Money Market Acct. $166,280.71
LOCAL AGENCY INVESTMENT FD 31.647.940.23
US TREASURY Money Market
CASH WITH FISCAL AGENT: Account $505,914.97
LOCAL AGENCY INVESTMENT FD 147,764.86
(Bond Proceeds Account)
31,814,220.94
653,679.83
TOTAL CASH $33,128,075.13
Note: The Cityof Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. There are two LAIF accounts set up. The
regular account's funds are available for withdrawal within 24 hours. The LAIF Bond Proceeds account's withdrawals require 30 days notice.
As a secondary investment option, the City maintains the US Treasury Sweep Accounts with Wells Fargo and the City's Fiscal Agent, Union Bank
of California. Any excess funds are "swept" on a daily basis from the City's bank accounts and are invested overnight in a. poo I of US Treasury
Notes. Interest is credited to the City's bank accounts on a monthly basis.
LAI.F- Effective Yield -June 2004 1.469%
Wells Fargo Money Mkt -Effective Yield -June 2004 0.410%
Union Bank Money Mkt - Effective Yield - June 2004 1.050
All investments are placed in accordance with the City of Diamond Bar's Investment Policy.
The above summary provides sufficient cash flow liquidity to meet the next six month's
estimated expenditures.
Linda C. Lowry, Treasurer
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Change of City Council Appointments
RECOMMENDATION:
Approve Mayor's appointments as follows:
Agenda # _6.4
Meeting Date: August 3. 2004
AGENDA REPORT
• MPT Herrera to replace Council Member Huff as representativ e member of the Four
Corners Transportation Committee (Southern California Association of
Governments - SCAG)
• Mayor Zirbes to replace Council Member Huff as Board Member to the Tres Hermanos
Conservation Authority (THCA)
• Mayor Zirbes to replace Council Member Huff as member of the Walnut Valley Unified
School District Council Standing Sub -Committee
FINANCIAL IMPACT:
There is no financial impact resulting from this action.
BACKGROUND:
Traditionally the Mayor had exercised his appointive authority in December after his/her own
appointment as Mayor by his/her peers. The appointments are made in compliance with Resolution
89-42 (attached). Occasionally circumstances require changes to be made to best accommodate
Council Members schedules and promote continuity. To this end the recommended changes have
been prepared to be effective upon approval.
Attachment: Resolution 89-42
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # — 65
Meeting Date: August 3. 2004
AGENDA REPORT
TITLE: SECOND READING OF ORDINANCE NO. 05 (2004) — ADOPTING ZONE CHANGE
No. 2002-02 WHICH CHANGES THE EXISTING ZONING FROM A-1-15,000 TO C-2
FOR A PROPERTY OF APPROXIMATELY 2.22 ACRES IDENTIFIED AS APN #8763-
007-022 LOCATED AT 1035'/2 BANNING WAY, DIAMOND BAR, CALIFORNIA AND
AMENDING THE ZONING MAP OF THE CITY OF DIAMOND BAR.
RECOMMENDATION: It is recommended that the City Counc it approve second reading by title only
and adopt Ordinance No. 05 (2004).
FINANCIAL IMPACT: N/A
BACKGROUND/DISCO SSION:
Ordinance No. 05 (2004) provides for Zone Change No. 2002-02 which amends the City's Zoning
Map, thereby bring the subject property in conformance with the General Plan land use designation of
General Commercial. The amended zoning designati on for the subject property will be Community
Commercial (C-2) and all applicable standards of this zoning district will apply to the subject property.
A public hearing on the Zone Change was concluded on July 20, 2004. First reading of the
Ordinance occurred at the July 20, 2004 City Council meeting. Upon approval of second reading,
the referenced Zone Change will be effective September 2, 2004.
PREPARED BY:
Ann J. Lungu, Associate Planner
Attachment:
Ordinance No. 05 (2004)
James DeStefano, Deputy City Manager
ORDINANCE NO. (2004)
IN ORDINANCE OF THE CITY OF DIAM OND BAR APPROVING ZONE CHANGE NO.
2002-02 WHICH CHANGES THE EXISTING ZONING FROM A-1-15,000 TO C-2 FOR
A PROPERTY OF APPROXIMATELY 2.22 ACRES IDENTIFIED AS APN #8763-
007-022 LOCATED AT 1035'/2 BANNING WAY, DIAMOND BAR, CALIFORNIA.
A. RECITALS .
1. On July 25, 1995, the City of Dia mond Bar adopted its General Plan. The
General Plan established land -use designation, goals, objectives and strategies
implementing the community's vision for its future.
2. The property owner, Diamond Bar Project Company and applicant, CMC
Architects have filed an application for Zone Change No. 2002-02 for a property
identified as APN #8763-007- 022 located 1035'/2 Banning Way, Diamond Bar, Los
Angeles County, California. Hereinafter in this Resolution, the subject Zone Change
shall be referred to as the "Application."
3. On June 8, 2004, the Planning Commission of the City of Diamond Bar
conducted and concluded a duly notice public hearing on the Application and adopted
Planning Commission Resolution No. 2004-20 recommending City Council approval of
the Application.
4. On July 8, 2004, notification of the public hearing for this project was provided in
the San Gabriel Valley Tribune and Inland Valley Daily Bulletin newspapers. On July 1,
2004, public hearing notices were mailed to approximately 65 property owners of record
within a 500 -foot radius of the project site. Public hearing notices were posted in three
public places within the City of Diamond Barand the project site was posted with a
display board on July 1, 2004.
5. On July 20, 2004, the City Council of the City of Diamond Bar conducted and
concluded a duly noticed public hearing on the Application.
6. The City Council of the City of Diamond Bar does hereby approve Zone Change
No. 2002-02 based on the following findings, as required by Municipal Code Section
22.70.050 and in conformance with California Government Code Sections 65853 and
65860.
7. Following due consideration of public testimony, staff analysis and the Planning
Commission recommendation, the City Counc it hereby finds that Zoning Change No.
2002-02 set forth herein amends the Zoning Map and is consistent with the General
Plan and the adopted goals and policies of the City and that the Zoning Map does not
presently reflect the General Plan land -use designation of General Commercial for the
subject property. Zone Change No. 2002-02 will replace the City's Zoning Map, in
conformance with the General Plan by designating the subject property as Community
Commercial (C-2).
8. Pursuant to the provisions of the California Environmental Quality Act (CEQA),
the City has determined that a Negative Declaration is required for this project.
According to CEQA Section 15070, 15071, 15072 and 15073, Negative Declaration No.
2003-06 has been prepared and circulated for review. The Negative Declaration's
review period began April 5, 2004 and ended May 4, 2004. Since it is required that a
State agency (Cal Trans) review this project's Negative Declaration, a 30 day review
period is required and completed.
B. RESOLUTION .
NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of
Diamond Bar as follows:
1. The zoning designation for the following property identified as APN 8763-007-
022 is hereby changed from A-1-15,000 to Community Commercial (C-2) and shall
allow uses listed forthe C-2 zoning district in Table 2-6 ofthe Development Code.
2. The City Clerk is directed to amend the Zoning Map to reflect the referenced
property's new zone designation.
PASSED, APPROVED AND ADOPTED THIS 20TH DAY OF JULY 2004, BY THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR.
BY:
Bob Zirbes, Mayor
I, Linda C. Lowry, City Clerk of the City of Diamo nd Bar do hereby certify that the foregoing
Ordinance was introduced ata regular meeting of the City Council of the City of Diamond Bar held on
the _____ day of______, 2004 and was finally passed ata regular meeting ofth eCity Council of the
City of Diamond Bar held on the ______day of_______, 2004 by the following vote:
AYES:
Council Members:
NOES:
Council Members:
ABSENT:
Council Members:
ABSTAIN:
Council Members:
Linda C. Lowry, City Clerk,
City of Diamond Bar
Agenda: __ 6.6
Meeting Date: August 3. 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 MULTI -WAY STOP SIGNS
ON PANTERA DRIVE AND REXFORD COURT
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 2004-2005.
BACKGROUND:
There have been concerns raised by resident s regarding speeding along Pantera Drive.
Pantera Drive is often utilized as a collector street by motorists traveling from the
neighborhoods off Armitos Place and Summitridge Drive/Grand Avenue.
Road Characteristics
Pantera Drive is a residential street with an overall length that is approximately
4,105 linear feet (from Bowcreek Drive to Leyland Drive). The street width is 36 feet
curb to curb. The existing speed zone is 25 mph. Lane configuration consists of two (2)
lanes with no center -line striping.
From Bowcreek Drive to 850 Pantera Drive (approximately 2,170 linear feet), the
ascending grade rate on Pantera Drive begins at approximately 2% and increases to
5%. From 850 Pantera Drive to Rexford Court, the pavement surface is fairly flat to
approximately 125 linear feet south of Rexford Court where the grade descends to
approximately 5% to Leyland Drive. Currently, there is a multi -way stop at Pantera
Drive and Bowcreek Drive and at Pantera Drive and Leyland Drive. There is a "School
Zone" sign on northbound Pantera Drive across the street from Rexford Court.
Volume and Speed
The Diamond Bar speed trailer was deployed at four (4) locations. The following is a
summary of the data obtained. See attached speed survey for complete information.
Location: Northbound Pantera Drive at 850 Pantera Drive
Date
June 14 and 15, 2004
Time
11:00 a.m. to 11:00 a.m.
Total Vehicles
559
Maximum Speed
44 mph
Average Speed
28.49 mph
85 Percentile
133 mph
I% of Veh. Speeding
79.43%
Location: Southbound Pantera Drive at 850 Pantera Drive.
Date
June 14 and 15, 2004
Time
11:00 a.m. to 11:00 a.m.
Total Vehicles
567
Maximum Speed
50 mph
Average Speed
31.34 mph
85 Percentile
137 mph
I% of Veh. Speeding
86.95%
Location: Northbound Pantera Drive at 950 Pantera Drive
Date
June 9 and 10, 2004
Time
12:00 noon to 12:00 noon
Total Vehicles
607
Maximum Speed
42 mph
Average Speed
27.95 mph
85 t Percentile
132 mph
I% of Veh. Speeding
75.78%
Location: Southbound Pantera Drive at 950 Pantera Drive
Date
June 9 and 10, 2004
Time
12:00 noon to 12:00 noon
Total Vehicles
613
Maximum Speed
41 mph
Average Speed
29.44 mph
57 Percentile
133 mph
I% of Veh. Speeding
186.79%
RZI
Visibili
Sight distance was observed atthe intersection. When looking to the north (left) from
Rexford Court, there is a clear view to approximately 850 Pantera Drive (approximately
436 linear feet) where the street makes a horizontal curve to the west and begins to
descend down to Bowcreek Drive. To the south (right) approximately 125 linear feet
south of Rexford Court, the street begins a horizontal curve and descends to
approximately 5% down to Leyland Drive (please see attached aerial map). To the
north of Rexford Court, Panter a Elementary School is on the west side of the street and
open space along with Pantera Park is on the east side of the street beginning at 850
Pantera Drive.
Accidents
Within the previous three (3) year period, there have been no reported collision reports
atthe intersection.
OI -11911+*4[6]i!F
There are visibility obstructions on the south side of Pantera Drive when exiting Rexford
Court due to horizontal curves and a descending grade. Furthermore, speeds were in
excess of acceptable limits with a maximum speed of 44 mph in the northbound
direction and 50 mph in the southbound direction near the intersection of Rexford Court
(at 850 Pantera Drive). Out of the tota I number of surveyed vehicles traveling
northbound, 79% were traveling at speeds over 30 mph. The percentage of
southbound vehicles traveling over 30 mph was 87%.
The request was reviewed and discussed at the Traffic and Transportation Commission
meeting of July 8, 2004. The Commission recommended the installation of stop signs
on Pantera Drive and Rexford Court. The residents living on Rexford Court and
between 828 and 975 Pantera Drive (from the elementary school to Leyland Drive) have
been invited to the August 3 d Council meeting.
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, 7/8/04
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 PANTERA DRIVE
AND REXFORD COURT.
Recitals
(i) At the public meeting of July 8, 2004, the Traffic and Transportation
Commission determined that the installation of stop signs on Panter a Drive and Rexford
Court will enhance and improve the public health, safety and welfare.
(ii) The Traffic and Transportation Commission recommends the installation
of stop signs on Pantera Drive and Rexford Court.
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 Panter a Drive and Rexford Court 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 3dday of August, 2004.
Bob Zirbes, Mayor
ATTEST:
Linda C. Lowry, City Clerk
I, LINDA C. LOWRY, City Clerk of the City of Diamond Bar, do hereb y 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 3 d day of August, 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
Agenda: 6.7
Meeting Date: August 3. 2003
CITY COUNCIL AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR AUTHORIZING AND APPROVING THE SALE OF $400,000 OF
PROPOSITION A FUNDS (LOCAL RETURN TRANSIT FUNDS) TO THE
CITY OF INDUSTRY FOR GENERAL FUNDS.
RECOMMENDATION:
Approve Resolution and authorize the Mayorto execute the Fund Trade Agreement.
FINANCIAL IMPACT:
As of June 30, 2004 the City has $1,282,091 in unallocated Proposition A Funds. The
current estimated allocation for budget revenue for FY 2004-2005 is $1,410,400. The
following depicts the calculations for the unallocated Prop AFund balance:
$1,282,091 Unallocated fund balance as of 6/30/04
$1,410,400 Estimated Budget Revenue for FY 2004-05
(1.227.320) Estimated Budget Expenditures for FY2004-05
$1,465,171 Estimated Unallocated Prop A Fund Balance as of 6/30/05
To assist the Council in determining whether the sale of Prop A Funds would not impair
the current fund balance, the following is a listing of the actual amounts received from
MTA for the previous six (6) years:
FY
1999-00
$1,223,510
FY
2000-01
$1,293,062
FY
2001-02
$1,176,671
FY
2002-03
$1,307,687
FY
2003-04
$1,350,954
FY
2004-05
$1,410,400
BACKGROUND/DISCU SSION:
Proposition A, the half -cent sales tax for transit, was approved by the voters in 1980.
The revenues generated through this half -cent sales tax are intended to be used
towards the development oftransit related programs, which are administered bythe Los
Angeles County Metropolitan Transportation Authority (MTA). In administering the
program, MTA distributed Local Return Funds directly to cities. The City must use its
Local Return Funds within three (3) years from the date of receipt or the funds must be
retu rn ed.
Local Return Funds are designed to be spent solely on public transit projects. The City
currently has an unallocated balance of $1, 465,171 in Proposition A Funds and has the
option to exchange these funds with another local agency to assist in providing transit
related services.
The City of Industry wishes to purchase $400,000 in Prop Afunds at the exchange rate
of $0.75 per each $1.00. Accord ing to the MTA, the current selling rate is approximately
$0.67 to $0.70 per each $1.00. At the rate of $0.75, the City of Diamond Bar would
receive $300,000 for the General Fund. As discussed during the FY 2004-05 budgeting
process, funds would be allocated to the 57/60 Interchange Feasibility Study in the
amount of $50,000, $200,000 allocated for the replacement of the illuminated street
name signs at 20 intersections, and the remaining balance of $50,000 to the Public
Works Division for various traffic management programs.
PREPARED BY:
Sharon Gomez, Senior Management Analyst
V:kVJIWiTA402 --ya
David G. Liu James DeStefano
Director of Public Works Deputy City Manager
Attachments: Resolution No. 2004 -XX
City of Industry Request Letter dated 7/22/04
RESOLUTION 2004 -XX
A RESOLUTION OF THE CITY COUNCI L OF THE CITY OF DIAMOND BAR
APPROVING THE SALE OF $400,000 OF PROPOSITION A FUNDS
(LOCAL RETURN TRANSIT FUNDS) TO THE CITY OF INDUSTRY FOR
GENERAL FUNDS.
WHEREAS, the City of Diamond Bar wishes to transfer $400,000 of its
uncommitted Proposition A Local Return Transit Funds to the City of Industry to provide
for public transit purposes and to improve the level, quality, safety, and/or accessibility
of transit services to the general public or to any group which requires special
transportation assistance; and
WHEREAS, the City of Industry has offered to assign $300,000 in General Funds
to the City of Diamond Bar; and
WHEREAS, the City Council of the City of Diamond Bar has determined that the
transit needs of the City can be adequately met if this fund exchange is approved; and
WHEREAS, the City of Diamond Bar plans to expend these funds to augment the
City's capabilities in meeting the general public's needs and other City expenses.
NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby
resolve as follows:
SECTION 1. The exchange of $400,000 of Proposition A Local Return Funds in
exchange for the assignment of $300,000 in General Funds is authorized and approved.
SECTION 2. The Mayor is authorized to execute, on behalf of the City, any
required documents to effectuate this exchange of funds.
SECTION 3. The City Clerk shall certify to the adoption of this Resolution and
send certified copies to the City of Industry.
The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 3 d day of August, 2004.
Bob Zirbes, Mayor
FGr011:011
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 3rd day of August, 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 # 6.8
g
Meeting Date: Auust 3. 2004
AGENDA REPORT
TITLE: Authorize City Manager to purchase computer network hardware from Hewlett Packard
throughout FY 04-05 for an amount not to exceed $40,000
Recommendation:
City staff recommends the City Council authorize the City Manager to purchase the required
hardware and services.
Budget/Financial Impact:
There are sufficient funds in the FY2004/2005 budget for these purchases.
Discussion:
The City has three existing network servers that have outlived their useful life, are having technical
difficulties which are causing interruptions to the City's network, are no longer under warranty, and
are no longer supported by the manufacturer. It is recommended that the City Council authorize the
City Manager to purchase three (3) network servers from Hewlett Packard for approximately $25,500.
Hewlett Packard (HP) is a recognized expert in the field and provides extremely dependable
hardware. In addition, HP provides excellent technical support services. By purchasing directly from
the manufacturer, the City can avoid any costly markups by resellers. In addition, the City is
purchasing the equipment under the State negotiated WSCA contract which provides pricing below
the regular retail price. Since the City is purchasing directly from the manufacturer and through the
State purchasing contract, no formal bidding process is required. If approved by the City Council,
these purchases will be made immediately.
Throughout the remainder of the fisca I year it is anticipated that the City will purch ase the following
equipment and/or services directly from HP:
Training ($4,000)
Support Services ($3,000)
Additional network hardware ($7,500)
It is recommended that the City Council authorize these expenditures in advance since the total
purchases will exceed the City Manager's spending authority of $25,000.
PREPARED BY:
REVIEWED BY:
Information Services Manager Deputy City Manager
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # _6.9
Meeting Date: 8/3/04
AGENDA REPORT
TITLE: EXTENSION OF CONTRACT WITH D.H. MAINTENANCE SERVICES TO PROVIDE
JANITORIAL AND BUILDING MAINTENANCE SERVICES AT THE DIAMOND BAR
CENTER, HERITAGE PARK COMMUNITY CENTER, PANTERA PARK ACTIVITY
ROOM AND SYCAMORE CANYON PARK PORTABLE BUILDING IN THE AMOUNT
NOT TO EXCEED $166,394 FOR THE 2004/05 FISCAL YEAR
RECOMMENDATION: Approve contract extension.
FINANCIAL IMPACT: Funding necessary for this contract extension is included in the adopted
2004/05 FY budget. Staff plans to transfer $105,280 from the part-time maintenance staff accounts
(001-5333-400XX) to the contract maintenance account for the Diamond Bar Center (001-5333-
45300).
BACKGROUND: On March 11, 2004, the City Manager awarded a contract in the amount of
$20,000 to D.H. Maintenance Services for janitorial services atthe Diamond Bar Center for the period
of March 11 through June 30, 2004, utilizing her authority to approve contracts with a total value of
less than $25,000. Section 21 of the contract states that the contract can be extended on an annual
basis, if an extension is deemed to be in the best interest of the City. The contract extension as
proposed will exceed the City Manager's $25,000 authorit y limit. Therefore, City Council approval is
req u i red to extend this contract.
DISCUSSION: Staff is proposing that the services listed below be provided by D.H. Maintenance
Services during the 2004/05 Fiscal Year. This company has provided excellent service atthe
Diamond Bar Center since its opening in March. Staff is seeking to expand the services provided by
this contractor to include maintenance service at Heritage, Pantera and Sycamore Canyon Park
buildings, in addition to the Diamond Bar Center. Also, more contractor time at the Diamond Bar
Center is included in the proposed contract to provide on-site coverage 7 days per week during hours
of operation. Using this contract or for these services will reduce the reliance on part-time Park
Maintenance Helpers. Therefore, staff plans to transfer $105,280 in funds from the part-time account
to the contract account to pay for these contra ctor services. Since the opening of the Diamond Bar
Center, the part-time maintenan ce staff members have not been as available as necessary to
properly operate the facility. Reducing reliance on those part-timers should result in the more efficient
and effective management and operation of the Diamond Bar Center.
Proposed contract services for D.H. Maintenance Services:
1. Regular monthly Service for Diamond Bar Center - 12 mos. @ $2,124.50 per mo. _ $25,494
2. Periodic services for Diamond Bar Center as requested by staff = $13,800
a. Carpet Cleaning: $1,400 per cleaning X 4 cleanings/yr = $5,600
b. Power clean colored concrete: $2,600 per cleaning X 2 cleanings/yr = $5,200
c. High Cleaning: $250 per cleaning X 12 cleanings/yr = $3,000
3. Building Maintenance staffing at Diamond Bar Center seven days per week = $105,280
(Starting 8/9/04 and continuing through 6/30/05 - 47 weeks)
-- 4 staff @ 40 hrs/wk X $14.00/hr X 47 weeks = $105,280
4. Staff assistance as requested by City staff for events and activities @ $14.00 per hr= $10,720
5. Regular monthly Service for Heritage Park Com Center - 12 mos. @ $475 per mo. _ $5,700
(Service seven days per week)
6. Regular monthly Service for Pantera Act Room - 12 mos. @ $250 per mo. _ $3,000
(Service five days per week)
7. Regular monthly Service for Sycamore Can Portable - 12 mos. @ $200 per mo. $2,400
(Service five days per week 6/1 through 8/31)
(Service one day per week 9/1 through 5/31)
GRAND TOTAL NOT -TO -EXCEED $166,394
REVIEWED BY:
Bob Rose James DeStefano
Director of Community Services Deputy City Manager
Attachments: Proposed Agreement for contract period of 7/1/04 - 6/30/05, dated 8/3/04
Exhibit "A' -- RFP for Janitorial Services Provider dated 3/5/04
Exhibit "B" - Proposal from D.H. Maintenance Services dated 3/4/04
Exhibit "C" - Contract Cost Calculation dated 7/28/04
CITY OF DIAMOND BAR
COMMUNITY SERVICES DIVISION
VENDOR SERVICES AGREEMENT
THIS AGREEMENT is made as of August 3, 2004 by and between the City of Diamond Bar, a municipal
corporation ("City") and D.H. Maintenance Services ("Vendor").
RECITALS
A. City desires to utilize the services of the Vendor as an independent contractor to provide services to City as set
forth in Exhibit "A", the City's Request for Proposal dated March 5, 2004.
B. Vendor represents that it is fully qualified to perform such services by virtue of its experience and the training,
education and expertise of its principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained,
the parties hereto agree as follows:
1. Vendor's Services.
A. Scope of Services. The nature and scope of the specific services to be performed by Vendor are
as described in Exhibit "B" the Vendor's Response, dated March 4, 2004 to the City's Request for Proposals, dated March
5, 2004 and Exhibit "C" the Contract Cost Calculation, dated July 28, 2004.
B. Level of Services/Time of Performance. The level of and time of the specific services to be
performed by Vendor are as set forth in Exhibits "B" and "C".
2. Term of Agreement. This Contract shall take effect July 1, 2004, and shall continue until June 30, 2005
unless earlier terminated pursuant to the provisions herein.
3. Compensation. City agrees to compensate Vendor for each service which Vendor performs to the
satisfaction of City in compliance with the schedule set forth in Exhibits "B" and "C". Payment will be made only after
submission of proper invoices in the form specified by City. Total payment to Vendor pursuant to this Agreement shall
not exceed one -hundred sixty-six thousand three hundred ninety-four dollars ($166,394) .
4. General Terms and Conditions. In the event of any inconsistency between the provisions of this
Agreement and Vendor's proposal, the provisions of this Agreement shall control.
5. Addresses.
City: City Manager
City of Diamond Bar
21825 East Copley Drive
Diamond Bar, CA 91765-4177
Vendor: George Wallis, Owner
D.H. Maintenance Services
2320 Back Nine Street
Oceanside, CA 92056
6. Standard of Performance. Vendor shall perform all work at the standard of care and skill ordinarily
exercised by members of the profession under similar conditions.
7. Indemnification. Vendor agrees to indemnify the City, its officers, agents, volunteers, employees, and
attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to
persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity,
corporation, political subdivision or other organization arising out of the acts, errors or omissions of Vendor, its agents,
employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder.
In the event there is more than one person or entity named in the Agreement as a Vendor, then all obligations, liabilities,
covenants and conditions under this Section 7 shall be joint and several.
8. Insurance. Vendor shall at all times during the term of this Agreement carry, maintain, and keep in full
force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or
policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single
limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Vendor, its officers,
employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage
insurance with a minimum limit of $500, 000.00; (3) automotive liability insurance, with minimum combined single limits
coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages
that may be the result of errors, omissions, or negligent acts of Vendor, in an amount of not less than $1,000,000 per
occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by
law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on
the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to
comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that
any insurance maintained by the City shall be excess insurance only.
A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled,
reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier
without the insurance carrier giving City thirty (30) day's prior written notice thereof. Vendor agrees that it will not
cancel, reduce or otherwise modify the insurance coverage.
B. All policies of insurance shall cover the obligations of Vendor pursuant to the terms of this Agreement;
shall be issued by an insurance company which is admitted to do business in the State of California or which is approved
in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII.
C. Vendor shall submit to City (1) insurance certificates indicating compliance with the minimum worker's
compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other
minimum insurance requirements above, not less that one (7) days prior to beginning of performance under this
Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured
Endorsement", or a substantially similar form which the City has agreed in writing to accept.
9. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written
notice to the other party. However, Vendor shall not terminate this Agreement during the provision of services on a
particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the
event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination,
City agrees to pay Vendor for services satisfactorily rendered prior to the effective date of termination. Immediately upon
receiving written notice of termination, Vendor shall discontinue performing services.
10. Personnel. Vendor represents that it has, or will secure at its own expense, all personnel required to
perform the services under this Agreement. All of the services required under this Agreement will be performed by
Vendor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Vendor
reserves the right to determine the assignment of its own employees to the performance of Vendor's services under this
Agreement, but City reserves the right, for good cause, to require Vendor to exclude any employee from performing
services on City's premises.
11. Non -Discrimination and Equal Employment Opportunity.
A. Vendor shall not discriminate as to race, color, creed, religion, sex, marital status, national origin,
ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and
duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such
nondiscriminatio n shall include but not be limited to the following: employment, upgrading, demotion, transfers,
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection
for training, including apprenticeship.
B. Vendor will, in all solicitations or advertisements for employees placed by or on behalf of Vendor
state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for
employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or
mental handicap, medical condition, or sexual orientation.
C. Vendor will cause the foregoing provisions to be inserted in all subcontracts for any work
covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.
12. Assignment. Vendor shall not assign or transfer any interest in this Agreement nor the performance of
any of Vendor's obligations hereunder, without the prior written consent of City, and any attempt by Vendor to so assign
this Agreement or any rights, duti es, or obligations arising hereunder shall be void and of no effect.
13. Compliance with Laws. Vendor shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state, and local governments.
14. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the
conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this
Agreement. In no event shall the making by City of any paym ent to Vendor constitute or be construed as a waiver by City
of any breach of covenant, or any default which may then exist on the part of Vendor, and the making of any such
payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or
default.
15. Attorney's Fees. Inthe event that either party to this Agreement shall commence any legal or equitable
action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or
proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of
expert witnesses and Vendors.
16. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on
(a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business
hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses
heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in
writing pursuant to the provisions of this section.
17. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws
of the State of California.
18. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be
deemed to be the original, and all of which together shall constitute one and the same instrument.
19. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference,
represents the entire and integrated agreement between Vendor and City. This Agreement supersedes all prior oral or
written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach
hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf
of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk
20. Exhibits. All exhibits referredto in this Agreement are incorporated herein by this reference.
21. Extension Option. The City Council shall have the option to extend this Agreement up to five (5)
additional one (1) year periods, subject to the same terms and conditions contained herein, by giving Vendor written
notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this
Agreement, or of any additional one (1) year extensions.
In the event the City Council exercises its option to extend the term of this Agreement for one or more additional
one year periods, the Vendor's unit prices shall be subject to adjustment at the commencement of the extended term and
annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the
City and the Vendor, with the limits being no increase to a maximum of the cost of living. The increase, if any, will be
calculated with reference to cost of living during the previous year. If the increase is approved by the City Council, the
increase will be calculated by adding the Vendor's monthly comp enation, the amount, if any, obtained by multiplying the
contractor's compensation as of the adjustment date by the percentage by which the Consumer Price Index ("CPI") for the
Los Angeles -Anaheim- Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index
Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI
for the month one year prior to the Index Month. If the Index is discontinued, the Director's office shall, at its discretion,
substitute for the Index such other similar index as it may deem appropriate.
"City"
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
"Vendor"
CITY OF DIAMOND BAR D.H. MAINTENANCE SERVICES
By:
Bob Zirbes, Mayor
Approved as to form:
By:
City Attorney
By:
Its:
ADDITIONAL INSURED ENDORSEMENT
AUTOMOBILE LIABILITY
Nance and address of named insured ("Named Insured'):
Name and address of Insurance Company ("Company'):
General description of agreement(s), permit(s), license(s), and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached (the "Policy") or
in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. The ("Public Agency"), its
elected officials, officers, attorneys, agents, employees, and volunteers are additional insureds (the above named
additional insureds are hereafter referred to as the "Addition 1 Insureds") under the Policy in relation to those activities
described generally above with regard to operations performed by or on behalf of the Named Insured. The Additional
Insureds have no liability for the payment of any premiums or assessments under the Policy.
2. The insurance coverages afforded the Additional Insureds under the Policy shall be primary insurance,
and no other insurance maintained by the Additional Insureds shall be called upon to contribute with the insurance
coverages provided by the Policy.
3. Each insurance coverage under the Policy shall apply separately to each Additional Insured against whom
claim is made or suit is brought except with respect to the limits of the Company's liability.
4. Nothing in this contract of insurance shall be construed to preclude coverage of a claim by one insured
under the policy against another insured under the policy. All such claims shall covered as third -party claims, i.e., in the
same manner as if separate policies had been issued to each insured. Nothing contained in this provision shall operate to
increase or replicate the Company's limits of liability as provided under the policy.
5. The insurance afforded by the Policy for contractual liability insurance (subject to the terms, conditions
and exclusions applicable to such insurance) includes liability assumed by the Named Insured under the indemnification
and/or hold harmless provision( s) contained or executed in conjunction with the written agreement(s) or permit(s)
designated above, between the Named Insured and the Additional Insureds.
6. The policy to which this endorsement is attached shall not be subject to cancellation,
change in coverage, reduction of limits (except as the result of the payment of claims), or non -renewal
except after written notice to Public Agency, by certified mail, return receipt requested, not less than
thirty (30) days prior to the effective date thereto. In the event of Company's failure to comply with this
notice provision, the policy as initially drafted will continue in full force and effect until compliance with
this notice requirement.
7. Company hereby waives all rights of subrogation and contribution against the Additional
Insureds, while acting within the scope of their duties, from all claims, losses and liabilities arising out of
or incident to the perils insured against in relation to those activities described generally above with
regard to operations performed by or on behalf of the Named Insured regardless of any prior, concurrent,
or subsequent active or passive negligence by the Additional Insureds.
8. It is hereby agreed that the laws of the State of California shall apply to and govern the
validity, construction, interpretation, and enforcement of this contract of insurance.
9. This endorsement and all notices given hereunder shall be sent to Public Agency at:
10. Except as stated above and not in conflict with this endorsement, nothing contained
herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to
which this endorsement is attached.
TYPE OF COVERAGES TO WHICH POLICY PERIOD LIMITS OF
THIS ENDORSEMENT ATTACHES FROWTO LIABILITY
11. Scheduled items or locations are to be identified on an attached sheet. The following
inclusions relate to the above coverages. Includes:
Any Automobiles ... Truckers Coverage
All Owned Automobiles ... Motor CarrierAct
Non -owned Automobiles ... Bus Regulatory Reform Act
Hired Automobiles ... Public Livery Coverage
Scheduled Automobiles
Garage Coverage
12. A ... deductible or ... self-insured retention (check one) of $ applies to all
coverage(s) except:
(if none, so state) . The deductible is applicable ... per claim or ... per occurrence (check one) .
13. This is an ... occurrence or ... claims made policy (checkone).
14. This endorsement is effective on at 12:01 A.M. and forms a part of Policy Number
I, (print name), hereby declare under
penalty of perjury under the laws of the State of California, that I have the authority to bind the Company to this
endorsement and that by my execution hereof, I do so bind the Company.
Executed 20
Signature of Authorized Representative
(Original signature only; no facsimile signature or initialed
signature accepted)
Phone No.: ()
EXHIBIT "C"
7/28/04
JANITORIAL SERVICES FOR
CITY OF DIAMOND BAR PUBLIC BUILDINGS
CONTRACT COST CALCULATION
FOR
CONTRACT PERIOD
OF
JULY 1, 2004 THROUGH JUNE 30, 2005
1. Regular monthly Service for Diamond Bar Center — 12 months @ $2,124.50 per month = $25,494
2. Periodic services for Diamond Bar Center as requested by staff = $13,800
a. Carpet Cleaning: $1,400 per cleaning X 4 cleanings/yr = $5,600
b. Power clean colored concrete: $2,600 per cleaning X 2 cleanings/yr = $5,200
c. High Cleaning: $250 per cleaning X 12 cleanings/yr = $3,000
3. Building Maintenance staffing at Diamond Bar Center seven days per week =
$105,280
(Starting 8/9/04 and continuing through 6/30/05 — 47 weeks)
-- 4 staff @ 40 hrs/wk X $14.00/hr X 47 weeks = $105,280
4. Staff assistance as requested by City staff for events and activities @ $14.00 per hour =
$10,720
5. Regular monthly Service for Heritage Park Community Center — 12 mos. @ $475 per mo. _
$5,700
(Service seven days per week)
6. Regular monthly Service for Pantera Activity Room — 12 mos. @ $250 per mo. _
$3,000
(Service five days per week)
7. Regular monthly Service for Sycamore Canyon Portable — 12 mos. @ $200 per mo.
$2,400
(Service five days per week 6/1 through 8/31)
(Service one day per week 9/1 through 5/31)
GRAND TOTAL NOT -TO -EXCEED $166,394
CITY CC)UNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda #: 6.10
Meeting Date: August 3. 2004
AGENDA REPORT
TITLE: THE ADOPTION OF RESOLU TION NO. 2004 -XX AUTHORIZING THE
ESTABLISHMENT OF AN IRS CODE SECTION 125 FLEXIBLE CAFETERIA PLAN
AS AN EMPLOYEE BENEFIT
RECOMMENDATION:
Staff recommends the City Council adopt Resolution No. 2004-xx establishing an IRS Section 125
Flexible Cafeteria Plan.
FINANCIAL IMPACT:
The establishment ofa Section 125 Cafeteria Plan will cost $2,100. Sufficient funds have been
allocated in the 2004/05 Fiscal Year Budget to provide for the first year startup costs of $1,780 and
the estimated costs of employee communication packets of $320. Additionally, the ongoing annual
administrative cost of $1,020 will be requested in subsequent annual budgets.
BACKGROUND:
In 1978, Congress passed legislation authorizing the use of IRS Section 125 Cafeteria Plans. A
Section 125 Cafeteria Plan is a benefit which allows employees to use pre -taxed dollars to pay for
specified out-of-pocket health care expenses (i.e. premiums, prescription drugs, office co -payments,
vision exams, braces, and eyeglasses) and dependent care costs. Pre-tax payroll deductions lower
taxable income thereby providing a possible tax savings to the participating employee.
DISCUSSION:
Explanation of Benefits
Health Care Plan
For the health care pre -taxed plan, there is both a potential gain and liabilityto the City. An
employee signing up for the plan must either use or lose the amount they selected by the end
of the plan year. For example, the City's limitfor the health care pre -taxed plan is $2,500; at
the beginning of the plan year, an employee elects $1,000 in pre -taxed dollars for medical
expenses, which calculates to $38.46 per pay period. By the end of the plan year the
employee has submitted receipts for eligible expenses incurred during that plan year totaling
$153.85 and does not have additional medical expense receipts to submit for reimbursement.
In this instance, the balance of $846.15 would revert to the City. On the other hand, the City
cannot recapture the remaining cost owed by an employee who terminates employment. For
example, atthe beginning ofthe plan year, an employee elects $1,000 in pre -taxed dollars for
medical expenses. Two months into the plan year the employee submits medical expense
receipt in the amount of$1,000 and receives that payment. Shortly thereafter, the employee
terminates employment but his/her year-to-date pre -taxed medical deductions only total
$153.85. In this instance, the City cannot recapture from the employee the $846.15 in
remaining deductions. According to the City's broker, historically the most likely scenario is
that employees will overestimate their eligible expenses and the City's risk of liability is
red u ced .
Dependent Care Plan
There is no liability to the City or loss to the employee for dependent care costs. For this
portion of the plan, an employee can only submit receipts for reimbursements that are less
than or equal to the amount of accrued payroll deductions. For example, an employee
chooses to participate in the dependent care pre -taxed plan and elects $2,000 for the plan
year ($76.92 per pay period). Three months into the plan year the employee has accrued
$461.15 in pre -taxed depende nt care deductions. At that time, the employee can only submit
a request for reimbursement equal to or less than $461.15. Future requests for reimbursement
would also have to be equal to or less than the balance of accrued pre-ta xed deductions. By
law, the maximum amount for dependent care is $5,000 per household.
Effective January 1, 2004, premiums for health insurance increased an average of 18%. Although
employees receive a monthly benefit allotment, which is applied toward premiums, the increase
resulted in payroll deductions for an increased number of employees. Providing a Section 125
Cafeteria Plan would allow those employees to have their out-of-po cket premiums deducted on a pre -
taxed basis. In addition, a Section 125 Cafeteria Plan would allow all benefit eligible employees to
set aside additional pre -taxed money for health care and dependent care expenses up to the
maximum established by the City. To be offered as an additional employee benefit, a resolution
adopting a flexible benef its plan is required.
An employee may enroll in the health care pre-tax ed plan, dependent care pre -taxed plan, or both. At
the beginning of the plan year, each participating employee selects an amount up to the maximum set
by the City for each plan (the selected amount cannot be changed until the next plan year). The
amount selected is calculated into a bi-weekly , pre -taxed payroll deduction remitted to the
administrator. As a participating employee incurs out-of-pocket expenses, he/she submits receipts to
the administrator for reimbursement of those expenses. If this benefi t is provided, it is recommended
that the City set the maximum limits at $2,500 for the health care pre -taxed plan and $5,000 for the
dependent care pre -taxed plan. This would bean optional benefit for all benefit eligible employees.
Administration/E nrollment
ABD, the City's broker for life, disability, dental, and vision insurance provides this benefit service
through its municipality pool. Staff recommends that Benesyst administer the benefit program,
including direct reimbursement payment processing, due to their enhanced services, exceptional
customer response time, and excellent company position in the insurance industry. Should the City
elect to offer the Section 125 Cafeteria Plan, ABD and Benesyst would provide all necessary
employee orientations. During the orientation meetings, employees would submit an application
indicating whether or not they elect to enroll and if so, the amount selected for the plan year.
If approved, ABD and Benesyst would provide employee orientations in September 2004 with an
effective plan year of January 1, 2005 to December 31, 2005. Employees selecting pre -taxed plans
will have the amount they selected deducted over the pay periods during the plan year. Plan year will
run on the calendar year, from January 1 until December 31.
IW:70J_1WO91 ya
Kim Crews, Senior Management Analyst
REVIEWED BY:
Linda Magnuson, Finance Director David Doyle, Deputy City Manager
Attachment: Resolution 04-xx
RESOLUTION NO. 2004 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR ADOPTING THE ESTABLISHMENT OF AN IRS CODE
SECTION 125 FLEXIBLE CAFETERIA BENEFITS PLAN.
WHEREAS, the City Council of the City of Diamond Bar wishes to adopt a cafeteria plan within the context
of Section 125 of the Internal RevenueCode for the benefit of the City of Diamond Bar's eligibleemployees
NOW, THEREFORE BE IT RESOLVED, the City Council of the Cityof Diamond Bar, hereby adopts the
Flexible Benefits Plan for the Cityof Diamond Bar effective January 1, 2005
RESOLVED FURTHER, the City Manager of the City of Diamond Bar may, without further resolution,
execute the Adoption Agreement a nd any related documents or amen dments which may be necessary
or appropriate to adopt the plan or maintain its compliance with applicable federal, state and local law.
PASSED, APPROVED AND ADOPTED this day of 2004.
BOB ZIRBES
Mayor
I, LINDA C. LOWRY, City Clerk of the City of Diamond Ba r, do hereby certify that the foregoing
Resolution was passed, approved and adopted ata regular meeting of the City Council of the
City of Diamond Bar held on th is day of _____ - 2004, by the following vote:
NOES: COUNCILMEMBERS
ABSENT: COUNCILMEMBERS
ABSTAIN: COUNCILMEMBERS
LINDA C. LOWRY, City Clerk
City of Diamond Bar
Agenda: 6.11
Meeting Date: August 3. 2004
CITY COUNCILAGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: APPROVING THE PAYMENT OF ADDITIONAL FUNDS FOR THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
(NPDES) PERMIT LITIGATION
RECOMMENDATION:
Approve request.
FINANCIAL IMPACT:
The request for $3,000 will be funded by the City's Environmental Services budget
allocation for FY 2004-2005.
The City is currently implementing the third five-year NPDES Permit. The permit covers
Los Angeles County as the Principal Permittee and 83 of the incorporated cities as
individual Permittees. Prior storm water permits focused on the City implementing cost-
effective Best Management Practices (BMPs), such as street sweeping, automated
lidded trash containers for residents, catch basin cleaning, public education, waste/oil
recycling programs, construction site run-off mitigation measures, and assurance that
the private sector install certain pre- and post-constructio n structural treatment control
measures.
The latest storm water permit increases requirements by stipulating that storm water
run-off not violate water quality objectives or standards contained in the Water Quality
Control Basin Plan for the Los Angeles Region. This storm water permit could be
interpreted to require that storm water meet drinking water standards in many locations
with significant potential costs to the City. As a result, on January 7, 2003, the City
joined with the Coalition for Practical Regulation (CPR) cities to challenge the permit
(Resolution No. 2003-01).
DISCUSSION:
The initial request for funds came in February 2003 and the requested amount of
$3,000 was paid. In February 2004, a second request of $3,600 was paid to continue
the litigation with a proposed trial date in late summer 2004. The major legal expenses
began in May of 2003, with the preparation of the briefs. The cities were ordered by
Judge Chaney to enter into arbitration, which resulted in additional unbudgeted
expenses, including payments to retired Judge Olson, who served as arbitrator. The
arbitration failed as the environmental community proposed additional permit
compliance requirements for the cities.
The CPR has requested a third deposit of $3,000 per city to complete the permit
litigation (see attached letter of request dated June 17, 2004). The trial date is
scheduled for August 10th and 11 m.
PREPARED BY:
Sharon Gomez, Senior Management Analyst
V:kVJIWU►I402 --ya
David G. Liu James DeStefano
Director of Public Works Deputy City Manager
Attachments: Resolution No. 2003-01
CPR Letter of Request, dated June 17, 2004
Agenda # 6.12
CITY COUNCIL 7„ AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: APPROVE A TWO-YEAR CONTRACT EXTENSION WITH HULS
ENVIRONMENTAL MANAGEMENT, LLC, FOR CONSULTING
SERVICES IN FISCAL YEAR 2004-05 AND 2005-06 IN THE AMOUNT
OF $15,000 PER YEAR
RECOMMENDATION
Approve contract extension.
FINANCIAL IMPACT
Funding for environmental consulting services is provided by both general and grant
funds. For FY 2004-05, an appropriate budget has been approved for our various
environmental services and program needs.
BACKGROUND
On August 7, 2001, the City Council awarded a consulting services contract to Huls
Environmental Management, LLC (Huls Environmental) for a three-year period with the
option to extend the contract term for an additional two-year period.
Huls Environmental is a full-service environmental management firm specializing in
integrated environmental services for municipalities and businesses. These
environmental services include solid and special waste, storm water management,
water and air quality, environmental assessment and remediation, and energy.
DISCUSSION
In FY 2003-04, a Management Analyst was hired to perfo rm most of the tasks and
duties of our environmental services program; however, there are certain
responsibilities that require a level of expertise that goes beyond what generalist -level
staff may be able to manage. As such, Staff finds it beneficial to have the on-call
expertise of a consultant to augm ent our professiona I capabilities.
On July 14, 2004, Huls Environmental submitted a letter of proposal to extend the three-
year contract term for an additional two-year period, with a proposed fee of $15,000 per
year (see attached proposal). Staff has reviewed the proposal and found it adequate for
meeting the City's current environmental consulting services needs.
PREPARED BY:
Javier Peraza, Management Analyst
REVIEWED BY:
David G. Liu, Director of Public Works James DeStefano, Deputy City Manager
Attachment: Proposal Letter, dated July 14, 2004
Agenda #: 6.13
l I a T . A a 9 'lnn A
CITY COUNCIL 7„ AGENDA REPORT
r98�
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: APPROPRIATE AN ADDITIONAL AMOUNT OF $41,011.36 FROM
CDBG FUNDS FOR THE FY 2003-04 SIDEWALK INSTALLATION
PROJECT ON GOLDEN SPRINGS DRIVE, FOR A TOTAL CONTRACT
AUTHORIZATION AMOUNT OF $110,537.48, AND AUTHORIZE THE
CITY CLERK TO FILE NOTICE OF COMPLETION.
RECOMMENDATION:
Appropriate additional funds and file Notice of Completion
FINANCIAL IMPACT:
In FY 2003-04, a total amount of $162,1 25.00 in CDBG funds were approved and
budgeted for this project. While $83,526.12 was approved in FY 2003-04 for
construction and change -order work to be performed, only $69,5 26.12 was encumbered
at the end of the fiscal year. The remaining amount of $14,000 for contract change
orders was never encumbered and therefore lapsed on June 30, 2004.
It is requested that the funds necessary to complete the project be re-appropriat ed in
the FY 2004-05 CDBG budget in the amount of $41,011.36, representing Change Order
1 and 2 as shown in the table below.
On May 18, 2004, the City Council awarded a sidewalk installation contract to Dye and
Browning Construction, Inc., with a total project authorization amount of $83,526.12.
The project was substantially completed in accordance with approved plans and
specifications in mid-July 2004. The total cost breakdown of the completed project is as
follows:
PROJECT PHASE
PROJECT EXPENDITURES
COST
Before Start of
Construction
Original contract amount (Lowest Bid received)
Council authorized contingency ($14,000.00)
$69,526.12
1 Amount Encumbered in FY 2003-04
$69,526.12
After Start of
Construction
Actual CCO No. 1
Requested CCO No. 2
$13,555.36
$27,456.00
(2) Amount to be Appropriated in FY 2004-05
$41,011.36
1 + 2 Final Cost of Construction
$110,537.48
The requested amount of $41,0 11.36 represents the difference between the previously
encumbered $69,526.12 and the final cost of construction $110,537.48 (as shown in the
table above).
The following change orders were found to be necessary to address conflicts between
the contract documents (drawings and specifications) generated by the project's Design
Consultant, CNC Engineering, and actual field conditions, as well as some bona fide
unanticipated work:
o Staff issued contract change order (CCO) No. 1, in the amount of $13, 555.36,
due to unanticipated work involving the removal and replacement of 387 Linear
Feet of Curb and Gutter, and other related activities along the north side of
Golden Springs Drive.
Staff has negotiated CCO No. 2, in the amount of $27,456.00, due to a need for
additional dirt removal, concrete, and other miscellaneous quantity overruns. The City
is working with CNC to address increased construction costs attributable to design
deficiencies.
These change orders were necessary in order to complete the project to design
standards.
PREPARED BY:
Javier Peraza, Management Analyst
V:kVJIWiTA402--y I
David G. Liu, Director of Public Works James DeStefano, Deputy City Manager
Attachment: Noticeof Completion
2
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # 6.14
Meeting Date: August 3. 2004
AGENDA REPORT
TITLE: APPROVE A CONTRACT AMENDMENT WITH WARREN C. SIECKE FOR DESIGN
ENGINEERING SERVICES FOR THE PATHFINDER ROAD AND PEACEFUL HILLS
ROAD TRAFFIC SIGNALS PROJECT IN THE AMOUNT OF $8,000.00, AND
AUTHORIZE ACONTINGENCY AMOUNT OF $2,000.00 FOR CHANGE ORDERS TO
BE APPROVED BY THE CITY MANAGER, FOR A TOTAL AUTHORIZATION
AMOUNT OF $10,000.00.
RECOMMENDATION:
Approve the contract amendment.
FINANCIAL IMPACT:
The Fiscal Year (FY) 04/05 Capita I Improvement Program (CIP) includes a total of $165,000.00 of
Proposition C Funds for design and construction ofthis signal project.
BACKGROUND:
The residents of the neighborhood to the north and south of Pathfinder Road and Peaceful Hills
Road, have raised their concerns over access (both ingress and egress) to their neighborhood due to
traffic conditions on Pathfinder Road. The residents have indicated that it is almost impossible to exit
from their neighborhood due to speeds and visibility obstruction (from Peaceful Hills Road onto
Pathfinder Road). In an effort to mitigate this problem, the City proposes to do the following:
1) Install traffic signal at the intersection of Pathfinder Road and Peaceful Hills Road;
2) Install appropriate striping and signage to enhance the traffic operation atthis intersection.
Aprior study evaluated and prioritized the need for traffic signals atvarious intersections in the City.
Pathfinder Road and Peaceful Hills Road intersection was identified as one of the intersections in
need of signal improvements.
DISCUSSION:
Warren C. Siecke is the City's primary on-call traffic and transportati on consultant. In response to
staffs request, Mr. Siecke submitted a proposal to provide the required traffic engineering services
for this project. The scope of services will include design, drafting of plans, and preparation of
contract specifications and estimates for the installation of traffic signals including an interconnect
system. The project schedule is tentatively set as follows:
Start Project Design
Complete Design
Award Construction
Start Construction
Construction Completion
PREPARED BY:
Fred Alamolhoda, Senior Engineer
REVIEWED BY:
David G. Liu, Director of Public Works
September 1, 2004
November 26, 2004
January 18, 2005
March 1, 2005
June 15, 2005
Date prepared: July 28, 2004
James DeStefano, Deputy City Manager
Attachments: Warren C. Siecke's Proposals, dated May 16, 2004
Amendment No. 8 to the Consulting Services Agreement
Agenda # 615
Meeting Date: August 3. 2004
CITY COUNCIL "�� AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Approve cost of living increase to the hourly rates for City Attorney services
WES191818I:401 97_V40QL
The City Manager recommends the City Council approve a 2% increase to the hourly rate for general
legal services from $150 to $153 per hour and for litigation services from $195 to $199 per hour.
FISCAL IMPACT:
There are sufficient funds in the current budget for the proposed rate adjustment. The future
budgetary implication is unknown as the need for City Attorney and litigation services varies
depending upon the specific needs of the City. However the City has consistently budgeted an
appropriation sufficient to cover this increase. Therefore, it is anticipated that the proposed rate
adjustment would not increase the City's budget in future years.
BACKGROUND:
City Attorney Mike Jenkins has provided service to the City since 1995. At thattime hewas with the
law firm of Richards, Watson & Gershon. In March 2001, Mr. Jenkins left Richards, Watson &
Gershon for Jenkins & Hogin, LLP. At that time the City approved a contract with Jenkins & Hogin,
LLP to retain the services of Mike Jenkins as City Attorney.
DISCUSSION:
As part of the budget process for FY 04-05, the City Council authorized a 2% cost of living increase
for employees. It is recommended that the 2% cost of living increase also be applied to contract with
Jenkins & Hogin for City Attorney services.
Attorney services are considered professional services and, as such, are exempt from any formal bid
requirements. Although the City did not solicit bids from other attorney firms, it should be noted that
the proposed hourly rates are significantly lower than the hourly rates charged by other attorneys
engaged by the City.
Prepared by:
Deputy City Manager
Agenda # 7_I
Meeting Date: August 3. 2004
CITY COUNCILAGENDA REPORT
r,
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: ADOPT RESOLUTION NO. 2004 -XX: FINDING THE CITY OF DIAMOND
BAR IN CONFORMANCE WITH THE CONGESTION MANAGEMENT
PROGRAM (CMP) AND ADOPTING THE CMP LOCAL DEVELOPMENT
REPORT, IN ACCORDANCE WITH CALIFORNIA GOVERNMENT
CODE SECTION 65089
RECOMMENDATION:
Open the public hearing, receive testimony, close the public hearing, and adopt
Resolution No. 2004 -XX.
FINANCIAL SUMMARY:
Diamond Bar receives funding from various sources including Federal and State
programs. Gas tax funds received from the State are used for our operations and
Capital Improvement Projects (CIP). The Los Angeles County Metropolitan
Transportation Authority (MTA), acting as the County's Congestion Management
Agency, requires an annual report from the City outlining our compliance with the Los
Angeles County Congestion Management Program. If the City does not comply with the
requirements, the State may withhold funds.
BACKGROUND/DISCO SSION:
Since 1990, the MTA has adopted the Congestion Management Program and required
updates for Los Angeles County and local jurisdictions use.
The CMP requires local jurisdictions to:
• Assist in monitoring the CMP highway and transit system;
• Implement a transportation demand management ordinance;
• Implement a program to anal yze the impacts of local land use decisions on the
regional transportation system;
• Participate in the Countywide Deficiency Plan.
As the CMP matures into its second decade, the MTA is working with stakeholders
throughout Los Angeles County for potential changes in the program. In August 2003,
the MTA Board adopted the 2003 Short Range Transportation Plan. As one of the
elements, the Board authorized MTA staff to conduct a Nexus Study to explore the
feasibility of implementing a congestion mitigation fee to meet The CMP Deficiency Plan
req u i rem en ts.
Until this year, the Countywid e Deficiency Plan required local agencies to offset the
impacts that their new development has on the regional transportation system.
Historically, new development was tracked through ("debits") and benefits of
transportation improvements through ("credits ) in the Local Implementation Report
(LIR). Jurisdictions were required to maintain a positive balance and Diamond Bar has
complied.
While the Nexus study is underway, local jurisdictions do not have to report their
transportation improvement strategies for the 2004 cycle. Although, the MTA suspended
the Local Implementation Report (LIR) requirement; jurisdictions are required to report
their new net development activity (LDR) just as in prior years and adopt the self -
certification resolution.
Development for Diamond Bar from June 1, 2003 to May 31, 2004 includes:
• 13 single family residences - mainly on in -fill lots in the Country Estates and on
Goldrush Drive
Diamond Bar's accumulated 78,651 credit balance is temporarily frozen and no new
credits will be earned until the Nexus study is complete. The credit balance through the
years is a result of our cumulative and collective efforts of Transit and Dial -a -ride
programs, Web page and on-line services, Info -to -go, and the various transportation
capital improvements. The City of Diamond Bar remains in compliance with the Draft
2004 CMP.
Prepared By: Linda Kay Smith, Development Services Assistant
Attachments:
1. Resolution 2004 -XX
2. City of Diamond Bar 2004
Rep o rt
Reviewed by:
David G. Liu
Director of Public Works
Congestion Management Program Local Development
James DeStefano
Deputy City Manager
RESOLUTION NO. 2004 -XX
A RESOLUTION OF THE DIAMOND BAR CITY COUNCIL
FINDING THE CITY OF DIAMOND BAR IN CONFORMANCE
WITH THE CONGESTION MANAGEMENT PROGRAM (CMP)
AND ADOPTING THE CMP LOCAL DEVELOPMENT REPORT,
IN ACCORDANCE WITH CALIFORNIA GOVERNMENT CODE
SECTION 65089
A. RECITALS.
WHEREAS, CMP statute requires the Los Angeles County Metropolitan
Transportation Authority ("MTA"), acting as the Congestion Management Agency for
Los Angeles County, to annually determine that the County and cities within the County
are conforming to all CMP requirements; and
WHEREAS, MTA requires submittal of the CMP Local Development Report by
September 1 of each year; and
WHEREAS, the City Council held a noticed public hearing on August 3, 2004
B. RESOLUTION.
NOW, THEREFORE, THE CITY COUNCI L OF THE CITY OF DIAMOND BAR
DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. That the City Council has taken all of the followi ng actions and that
the City of Diamond Bar is in conformance with all applicable requirements of Draft
2004 CMP issued on January 9, 2004.
By June 15, of odd -numbered years, the City of Diamond Bar will conduct annual
traffic counts and calculated levels of service for selected arterial intersections,
consistent with the requirements identified in the CMP Highway and Roadway System
chapter.
The City of Diamond Bar has locally adopted and continues to implement a
transportation demand management ordinance; consistent with the minimum
requirements identified in the CMP Transportation Demand Management chapter.
The City of Diamond Bar has locally adopted and continues to implement a land
use analysis program, consistent with the minimum requirements identified in the CMP
Land Use Analysis Program Chapter.
3
The City of Diamond Bar has adopted a Local Development Report, attached
hereto and made a part hereof, consistent with the requirements identified in the Draft
2004 CMP. This report balances traffic congestion impacts due to growth within the City
of Diamond Bar with transportation improvements, and demonstrates that the City of
Diamond Bar is meeting its responsibilities under the Countywide Deficiency Plan
consistent with the MTA Board adopted 2003 Short Range Transportation Plan.
SECTION 2. That the City Clerk shall certify to the adoption of this Resolution
and shall forward a copy of this Resolution to the Los Angeles County Metropolitan
Transportation Authority.
PASSED, APPROVED AND ADOPTED THIS 3rd DAY OF AUGUST 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, adopted and approved at a regular meeting of the
City Council of the City of Diamond Bar held on 3 rd day of August, 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
Agenda: __ 8.1
Meeting Date: August 3. 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 ADOPTING THE CITYWIDE SPEED ZONE SURVEY;
ORDINANCE NO. 0X(2004) AMENDING SECTION 10.12.310 OF THE
DIAMOND BAR CITY CODE REGARDING PRIMA FACIE SPEED
LIMITS FOR CERTAIN CITY STREETS.
RECOMMENDATION:
Adopt resolution accepting Citywide Speed Zone Survey and introduce Ordinance No.
OX (2004) for first reading by title only with further reading of Ordinance to be waived.
FINANCIAL IMPACT:
Speed limit signs will cost approximately $2,000. Funds are available in the Public
Works Maintenance budget.
BACKGROUND/DISCO SSION:
The California Vehicle Code (CVC) requires that traffic speed limits be established on
the basis of a traffic and engineering study. Th is study must consider prevailing vehicle
speeds, number of accidents, volume, roadway design, safe stopping distance,
shoulder and profile conditions, pedestrian traffic, and other conditions not readily
apparent to motorists. The CVC also requires that the traffic and engineering study be
updated at least every seven (7) years if radar is used for speed limit enforcement.
When certain conditions as defined in CVC are met, the traffic and engineering study
may be conducted less frequently and can be extended up to ten (10) years. Failure by
a local agency to conform with these CVC provisions in the establishment and
enforcement of speed limits constitutes a speed trap. Speed traps are illegal per the
CVC and the courts will not honor citations written for violation of the speed limits.
The Speed Zone Survey has been completed in conformance with the CVC
requirements (see attached Draft Speed Zone Study). The attached Study reflects the
results of engineering and traffic survey conducted by registered traffic engineer
according to the regulations asset down by the CVC. The current Speed Zone Survey
is due to expire on August 16, 2004.
The speed zone survey disclosed that with 11 exceptions, the existing speed limits are
appropriate (please see attached Existing and Proposed Speed Limits). The exceptions
are based on current data and include the following:
Brea Canyon Road, from North City Limits to Washington Street,
decrease from 50 mph to 45 mph;
Brea Canyon Road, from Lycoming Street to Golden Springs Drive
decrease from 45 mph to 40 mph;
Brea Canyon Road, from Pathfinder Road to Fountain Springs Drive,
decrease from 45 mph to 40 mph;
Brea Canyon Road, from Diamond Bar Boulevard to Copper Canyon Drive,
decrease from 50 mph to 45 mph;
Copley Drive, from Golden Springs Drive to Bridge Gate Drive
decrease from 40 mph to 35 mph;
Gateway Center Drive, from Bridge Gate Drive to Golden Springs Drive,
decrease from 40 mph to 35 mph;
Golden Springs Drive, from Lemon Avenue to 900 feet west of Gona Court,
decrease from 50 mph to 40 mph;
Lemon Avenue, from North City Limits to Golden Springs Drive.
decrease from 45 mph to 40 mph;
Sunset Crossing Road, from West City Limits to Diamond Bar Boulevard,
decrease from 40 mph to 35 mph;
Sunset Crossing Road, from Diamond Bar Boulevard to Del Sol Lane,
decrease from 30 mph to 25 mph;
Grand Avenue, from Summitridge Drive to East City Limits,
increase from 45 mph to 50 mph.
The proposed amendment to Title 10 of the Municipal Code include the aforementioned
speed limitchanges. The attached table summarizes the existing and recommended
speed limits.
PREPARED BY:
Sharon Gomez, Senior Management Analyst
REVIEWED BY:
David G. Liu James DeStefano
Director of Public Works Deputy City Manager
Attachments: Existing and Proposed Speed Limits Chart
Resolution No. 2004 -XX
Ordinance No. 2004 -XX
RESOLUTION 2004 -XX
RESOLUTION OF THE CITY COUNCI L OF THE CITY OF DIAMOND BAR
ADOPTING THE CITYWIDE SPEED ZONE SURVEY
Recitals
(i) California Vehicles Code Section 40803 (b) provides, in pertinent part, as
follows:
"In any prosecution under this Code of charge involving the speed of vehicle,
where enforcement involves the use of radar or other electronic devices which
measure the speed of moving objects, the prosecution shall establish, as part of
its prima-facie case, that the evidence or testimony presented is not based upon
a speed trap as defined in paragraph (2) of subdivision (a) of Section 40802."
(ii) The City of Diamond Bar desires to continue to use radar and other
electronic devices to measure the speed of moving objects in order to protect the lives
and property of motorists utilizing City streets and to improve the enforcement of speed
limits within the City of Diamond Bar.
(iii) The City's Traffic Engineering Consultant has conducted a current speed
zone study establishing and justifying prima-facie speed limits on certain City streets
within the City of Diamond Bar.
(iv) The current Speed Zone Study prepared by the City's Traffic Engineering
Consultant, dated August 3, 2004, is attached hereto as Exhibit "A" and incorporated by
this reference as though fully set forth herein.
Resolution
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;
2. The Speed Zone Study submitted by the City's Traffic Engineering
Consultant dated August 3, 2004, and attached hereto as Exhibit "A" is hereby adopted
and approved, in its entirety, as the official Speed Zone Study for the City of Diamond
Bar.
The City Clerk shall certify to the adoption of this Resolution.
PASSED, APPROVED AND ADOPTED this 3dday of August, 2004.
/_T451*1 l
Linda C. Lowry, City Clerk
Bob Zirbes, Mayor
2
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 3 d day of August, 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
3
ORDINANCE NO. 2004 -XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING
SECTION 10.12.310 OF THE DIAMOND BAR CITY CODE REGARDING PRIMA FACIE
SPEED LIMITS FOR CERTAIN CITY STREETS
A. RECITALS
(i) California Vehicle Code Section 22358 provides that this City Council
may, by ordinance, set prima facie speed limits upon any portion of any
street not a state highway.
(ii) The City has conducted a speed zone survey, dated August 3, 2004, of
certain streets within the City of Dia mond Bar.
(iii) The determination concerning prima facie speed limits set forth in Part B.,
below, are based upon the speed zone survey identified in Section A. (ii),
above.
(iv) All legal preconditions to the adoption of this Ordinance have been
satisfied.
B. ORDINANCE
NOW, THEREFORE, THE CITY COUNCI L OF THE CITY OF DIAMOND BAR
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1.
10.12.310 of the Diamond Bar City Code is hereby amended and replaced in its
entirety to read, in words and figures as follows:
(a) The prima facie speed which is most appropriate to facilitate the orderly
movement of traffic and is a speed limit which is reasonable and safe on such
portion of each such street is set forth in this subsection for each such street:
Avenida Rancheros/Temple Ave, Diamond Bar Boulevard
To Northeast City Limits
45 mph
Brea Canyon Road, North City Limits to Washington Street
45 mph
Brea Canyon Road, Washington Street to Lycoming Street
45 mph
Brea Canyon Road, Lycoming Street to Golden Springs Drive
40 mph
Brea Canyon Road, Golden Springs Drive to Pathfinder Road
45 mph
Brea Canyon Road, Pathfinder Road to Fountain Springs Drive
40 mph
Brea Canyon Road, Fountain Springs Drive to Diamond Bar
45 mph
Boulevard
Brea Canyon Road, Diamond Bar Boulevard to Copper
45 mph
Canyon Drive
Brea Canyon Road, Copper Canyon Drive to South City Limits
50 mph
Brea Canyon Cut -Off, West City Limits to Brea Canyon Road 40 mph
Chino Avenue, Chino Hills Parkway to East City Limits 50 mph
Chino Hills Parkway, North City Limits to South City Limits
50 mph
Copley Drive, Golden Springs Drive to Bridge Gate Drive
35 mph
Diamond Bar Boulevard, Brea Canyon Road to Goldrush Drive
45 mph
Diamond Bar Boulevard, Goldrush Drive to Highland Valley Road
40 mph
Diamond Bar Boulevard, Highland Valley Road to Temple Avenue
50 mph
Gateway Center Drive, Bridge Gate Drive to Golden
35 mph
Springs Drive
Golden Springs Drive, West City Limits to Lemon Avenue
50 mph
Golden Springs Drive, Lemon Avenue to 900 feet west
40 mph
Of Gona Court
Golden Springs Drive, 900 feet west of Gona Court to 1300 feet
40 mph
East of Adel Avenue
2
Golden Springs Drive, 1300 feet east of Adel Avenue to
45 mph
Sabana Drive
Golden Springs Drive, Sabana Drive to Platina Drive
40 mph
Golden Springs Drive, Platina Drive to Avenida Rancheros/
45 mph
Temple Avenue
Grand Avenue, West City Limits to Summitridge Drive
45 mph
Grand Avenue, Summitridge Drive to East City Limits
50 mph
Lemon Avenue, North City Limits to Golden Springs Drive
40 mph
Lycoming Street, Lemon Avenue to Brea Canyon Road
35 mph
Montefino Aenue, Grand Avenue to Diamond Bar Boulevard
25 mph
Pathfinder Road, West City Limits to Brea Canyon Road -
45 mph
North
Pathfinder Road, Brea Canyon Road-North to Brea Canyon
40 mph
Road-South/Fern Hollow Drive
Pathfinder Road, Brea Canyon Road-South/Fern Hollow
45 mph
Drive to Diamond Bar Boulevard
Sunset Crossing Road, West City Limits to Diamond Bar
35 mph
Boulevard
Sunset Crossing Road, Diamond Bar Boulevard to
25 mph
Golden Springs Drive
Temple Avenue, Diamond Bar Boulevard to Golden Springs
45 mph
D rive
Walnut Drive, West City Limits to Lemon Avenue
40 mph
Washington Street, Brea Canyon Road to Northeast City Limits
40 mph
The prima facie speed which is most appropriate to facilitate the orderly
movement of traffic
and is a speed limitwhich is reasonable and safe on all streets other than
the streets listed
above is 25 mph.
3
(b) The City Engineer is hereby authorized and directed to install appropriate
signs upon such portion of each such street specified herein giving notice of the primate
facie speed limitfor each such street declared in this section.
(c) No person shall operate any vehicle in violation ofthis section.
Section 2. The City Clerk shall certify to the adoption of this ordinance and shall
cause the same to be posted in three (3) public places within the City of Diamond Bar
pursuant to the provisions of Resolution 89-6.
PASSED, APPROVED AND ADOPTED this 3`d of August, 2004.
Bob Zirbes, Mayor
I, Linda C. Lowry, City Clerk of the City of Diamond Bar, California do hereby certify that the
foregoing Ordinance was passed, approved and adopted ata regular meeting held on the
3 rd day of August, 2004, by the following vote:
AYES:
COUNCIL
MEMBERS:
NOES:
COUNCIL
MEMBERS:
ABSENT:
COUNCIL
MEMBERS:
ABSTAINED:
COUNCIL
MEMBERS:
LINDA C. LOWRY, City Manager
City Clerk
4