HomeMy WebLinkAbout01/18/2005Tuesday, January 18, 2005
4:30 p.m. — Closed Session - CC -8
5:00 p.m. — Study Session — CC -8
6:30 p.m. - Regular Meeting
The Government Center
South Coast Air Quality Management District/
Main Auditorium
21865 Copley Drive
Diamond Bar, CA 91765
Mayor Wen Chang
Mayor Pro Tem Debby O'Connor
Council Member Carol Herrera
Council Member Bob Zirbes
City Manager Linda C. Lowry
City Attorney Michael Jenkins
City Clerk Linda C. Lowry
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in the Office of the City Clerk, and are available for public inspection. If you have questions regarding
an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours.
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DIAMOND BAR CRY COUNCIL RULES
PUBLIC INPUT
The meetings of the Diamond Bar City Council are open to the public. A member of the public may address the
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jurisdiction of the Diamond Bar City Council. A request to address the Council should be submitted in person to the
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Rev. 3I2010311b
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CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
Next Resolution No. 2005-05
Next Ordinance No. 02 (2005)
CLOSED SESSION: 4:30 p.m., Room CC -8
Public Comments on Closed Session Agenda
► Conference with Real Property Negotiators: Government Code
Section 54956.8 (2 cases)
(1) Property Negotiations: Address: Sandstone Canyon
Agency Negotiator: City Manager
Negotiating Party: Walnut Valley Unified School District
Under Negotiation: Price and Terms of Payment
(2) Property Negotiations: Address: Portion of Lot 1, Tract No.
31479, Lot 61, Tract No. 42557
Agency Negotiator: City Manager
Negotiating Party: D & L Properties, Inc.
Under Negotiation: Price and Terms of Payment
► Government Code Section 54957 Public Employee Evaluation
Title: City Manager
STUDY SESSION: 5:00 p.m., Room CC -8
► Business Licensing
► Goals and Objectives
► Mid -Year Budget Review
Public Comments
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
6:30 p.m.
Mayor
Dr. James Price,
Diamond Canyon Christian Center
JANUARY 18, 2005 PAGE 2 CITY COUNCIL
ROLL CALL: Council Members Herrera, Zirbes, Mayor Pro
Tem O'Connor, Mayor Chang
APPROVAL OF AGENDA: Mayor
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Public Works Investment Summary
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular
meeting agenda to provide an opportunity for members of the public to directly
address the Council on Consent Calendar items or matters of interest to the public
that are not already scheduled for consideration on this agenda. Although the City
Council values your comments, pursuant to the Brown Act, the Council generally
cannot take any action on items not listed on the posted agenda. Please complete a
Speaker's Card and give it to the City Clerk (completion of this form is volunta .
There is a five-minute maximum time „limit when addressing the City Council.
4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City
Council may briefly respond to public comments but no extended discussion and no
action on such matters may take place.
5. SCHEDULE OF FUTURE EVENTS:
5.1 D.B. COMMUNITY FOUNDATION — January 20, 2005 — 7:00 p.m., Room
CC -8 AQMD/Government Center, 21865 Copley Dr.
5.2 PLANNING COMMISSION MEETING -- January 25, 2005 — 7:00 p.m.,
Auditorium, AQMD/Government Center Auditorium, 21865 Copley Dr.
5.3 PARKS AND RECREATION COMMISSION MEETING —January 27,2005-
7:00 p.m., Hearing Board Room, AQMD/Government Center, 21865 Copley
Dr.
5.4 CITY COUNCIL MEETING — February 1, 2005 — 6:30 p.m., Auditorium,
AQMD/Government Center, 21865 Copley Dr.
6. CONSENT CALENDAR:
6.1 City Council Minutes - Regular Meeting of January 4, 2005 — Approve as
submitted.
6.2 Ratification Of Check Register— Ratify Check Register containing checks
dated January 13, 2005 in a combined amount of $559,424.79.
JANUARY 18, 2005 PAGE 3 CITY COUNCIL
6.3 Approve For Second Reading By Title Only, Waive Full Reading And
Adopt Ordinance No. 01(2005) Adopting Zone Change No. 2002-03
Changing The Existing Zoning From R-1-20,000 To Rural Residential
(RR) For Property Of Approximately 7.5 Acres Identified As APN #8713-
0289-030 Located At The Terminus Of Alamo Heights Drive (East Side)
And Amending Zoning Map Of The City Of Diamond Bar (Within The
Country Estates).
Recommended Action: Approve and adopt.
Requested by: Planning Division
6.4 Approval of Contract Amendment With GFB-Friedrich & Associates,
Inc. For Assessment Engineering Services For Landscaping
Assessment District Nos. 38,39 And 41 For A Period Of Three (3) Years,
For A Total Contract Amount Of $36,070 Plus A Contingency Amount Of
$5,000.
Recommended Action: Approve
Requested by: Public Works Division
6.5 (a) Adopt Resolution No. 2005 -XX Requesting The Board Of
Supervisors Of The County Of Los Angeles To Render Specified
Services To The City Relating To The Conduct Of A Special Municipal
Election To Be Held On Tuesday, June 7, 2005.
Recommended Action: Adopt.
(b) Adopt Resolution No. 2005 -XX: Adopting Regulations For
Candidates For Elective Office Pertaining To Candidates' Statement
Submitted To The Voters At An Election To Be Held On Tuesday, June
7, 2005.
Recommended Action:
Requested by: City Manager
6.6 Authorize The City Manager To Enter Into An Agreement With Martin &
Chapman For Election Services And Supplies For The June 7, 2005
Election At A Cost Not To Exceed $40,000 And Appropriate The Funds
From General Fund Reserves.
Recommended Action: Authorize and Appropriate.
Requested by: City Manager
JANUARY 18, 2005 PAGE 4 CITY COUNCIL
6.7 Approve Change Of Delegate Appointments To The L.A. County
Sanitation District No. 21 And Adopt Resolution No. 2005 -XX:
Confirming The Appointment Of Special Representatives To The Board
Of The San Gabriel Valley Council Of Governments.
Recommended Action: Approve and Adopt.
Requested by: City Manager
6.8 Adopt Resolution No. 2005-Xx: Ratifying Emergency Declaration Issued
By The City Manager On January 12, 2005 Declaring A Local
Emergency.
Recommended Action: Adopt.
Requested by: City Manager
7. PUBLIC HEARINGS: None
8. COUNCIL CONSIDERATION:
8.1. Consideration of Approval of Waiver For Room Rental Fees At The
Diamond Bar Center For California State Assemblyman Bob Huff.
Recommended Action:
Requested by: City Manager
COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
ADJOURNMENT:
Agenda: Study Session
Meeting Date: January 18, 2005
CITY COUNCIL r�� R, �%AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: STUDY SESSION REGARDING A PROPOSED CITY BUSINESS
LICENSE PROGRAM
RECOMMENDATION:
Receive the report and direct staff to prepare an ordinance to enact a City Business Registration
Program.
BACKGROUND: Upon incorporation in 1989, the City adopted the Los Angeles County
Code and entered into a General Services Agreement with the County to provide the City, its
residences and business community with various municipal services. A contract service that is
still in place is to administer the City's business license function.
The City Council has expressed an interest in evaluating the possibility of transferring the
business licensing function from Los Angeles County to an "In House" city service. As a result,
City Council has conducted study sessions on January 3, 2003, February 4, 2003, February 18,
2003, December 16, 2003 and May 4, 2004, to discuss this item.
DISCUSSION:
The study session discussions have centered on several types of business license programs
that could be administered "In House." These programs are summarized as follows:
• Business Registration
• The business registration program will document the business activity and ensure that a
business establishment is operating within the correct zoning district and in accordance
with applicable Municipal Codes. Business registration may be used in conjunction with
the issuance of Certificates of Occupancy. The business registration process will assist
the City in understanding the types of businesses within the community. The information
obtained from business registrations will be used to track business types in the City, aid
in the proper receipt of sales taxes from the State, provide useful information for
economic development programs, and assist public safety agencies.
0 Regulatory License Fee
In addition to purposes listed above (i.e., track business types in the City, aid in the
proper receipt of sales taxes from the State, provide useful information for economic
development programs, and assist public safety agencies) a regulatory license program
allows the City to regulate the proposed business use and/or business operator.
This program necessitates scrutiny by the Building and Safety Division, Fire Department,
Health Department, Planning Division and/or Sheriffs Department. Field inspections and
criminal background investigations may be required. Should a business create special
land use or law enforcement problems such as noise, traffic, criminal behavior, etc., the
City would be able to investigate and bring the business in question to operate in a
manner that will not negatively impact the adjacent businesses or residents. As a result,
a regulatory license program necessitates fees that are higher than those established for
business registration. Fees required for a regulatory business license reimburses the
City for the cost to investigate the proposed business and to operate the City program.
Fees associated with a regulatory license program do not require voter approval.
• Business License Tax
In addition to the purposes listed for business registration and regulatory license, a
business license tax may be imposed upon a business for the privilege of conducting
business within the City. This type of revenue generating program is most often based
upon gross receipts or levied at a flat rate. At times, it is based upon the quantity of
goods produced, or the number of vehicles, or number of employees in the business or
some other combination of factors. Cities may levy this type of business license tax for
either regulatory or revenue raising purposes. A business license fee is considered a tax
pursuant to Proposition 218. A tax requires voter approval pursuant to Proposition 218,
the "Right to Vote on Taxes Act" that was approved by the voters on November 5, 1996
and became effective July 1, 1997.
At the May 4, 2004 Study Session, the Council expressed an interest in implementing an "In
House" Business Registration Program as described above. This would require businesses to
register with the City and renew their registration annually. It would also require registration
upon change of ownership or relocation within the City.
Furthermore, existing businesses not already registered would be required to do so. This type
of registration would require the business owner to complete a simple application form
furnishing basic information about their business. For new businesses, this would allow the
Planning Division to verify zoning compliance.
Fee for Business Registration
At the various study sessions the City Council has considered an initial registration fee and a
renewal fee. An estimate of $30.00 was discussed as the initial fee based on approximately 20
minutes of Planning Division staff time for processing the business registration. The renewal fee
was estimated at $10.00 based on approximately less than 10 minutes for processing by the
Finance Division staff.
At the May 4, 2004 study session, some members of the City Council expressed a desire not to
charge a minimal fee for business registration and renewal so as to send a message to the
business community that the City is business -friendly. The proposed business registration and
renewal fees are minimal and are proposed to off -set the costs to administer the program.
Zoning Clearance and Home Based Business Permits
Currently, new businesses and home-based businesses are required to obtain approval in order
to conduct business within the City. A $30.00
2
application fee is required for a Zoning Clearance approval which is utilized to verify that the
business is permitted in the City and at the requested location.
Residents who wish to operate a business out of their home may do so with approval of a
$30.00 home based business permit received from the City. Review of a proposed home based
business is necessary to ensure that the business operation meets the requirements of the City
Code Section 22.42.070 (i.e., office space, storage, use hazardous materials, vehicle trips,
noise, waste, etc.) and does not degrade the quality or integrity of the residential neighborhood.
CONCLUSION:
As a result of the study sessions, the Council desires to implement a business registration
program to be administered "In House" and continue to contract with Los Angeles County for the
issuance of business licenses. The consensus of the Council was that this business registration
program would assist the City in tracking business types, ensure zoning compliance, aid in the
proper receipt of sales taxes from the State and provide useful information for economic
development programs. Through this program the City may capture businesses that it was not
previously aware of and thereby could receive the appropriate share of sales tax revenue.
Staff believes that the minimal registration and renewal fees as proposed are appropriate. If
approved, Staff would take steps to implement the "In House" Business Registration Program to
become effective on July 1, 2005. This would give staff the time to prepare an ordinance for
Council approval and inform businesses of the new program. It would also allow Finance staff
the time to prepare their program for the annual renewal.
PREPARED BY:
Ann J. Lungu, Associate Planner
REVIEWED BY:
Nancy Fong Linda Magnuson James DeStefano
Planning Manager Finance Director Deputy City Manager
Attachments:
1. City Council study session staff report dated May 4, 2004;
2. City Council study session minutes dated May 4, 2004;
3. City Council study session staff report dated December 16, 2003; and
4. City Council study session minutes dated December 16, 2003.
Agenda No. 6.1
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
JANUARY 4, 2005
CALL TO ORDER: Mayor Chang called the Regular City Council meeting
to order at 6:30 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley
Dr., Diamond Bar, CA.
PLEDGE OF ALLEGIANCE: MPT/O'Connor led the Pledge of Allegiance.
INVOCATION: Pastor Bob Stebe, Northminster Presbyterian Church
gave the invocation.
ROLL CALL: Council Members Herrera, Zirbes, Mayor Pro Tem
O'Connor and Mayor Chang.
Staff Present: Linda Lowry, City Manager; Michael Jenkins, City
Attorney, James DeStefano, Asst. City Manager; David Doyle, Asst. City Manager and
Acting City Clerk; Bob Rose, Community Services Director; Linda Magnuson, Finance
Director; and, April Blakey, Public Information Manager
APPROVAL OF AGENDA: At the request of C/Herrera, Council concurred
to move Agenda Items 8.1 and 8.2 forward to immediately follow Public
Comments.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Assemblyman Huff's Field Representative, Gary Neely, presented
Certificates of Appreciation to former Mayor Bob Zirbes and former Mayor
Pro Tem Herrera.
1.2 M/Chang presented Certificates of Recognition to Mangal Gulshan and
Jack Shah for their service to the Sunshine Senior organization.
1.3 Friends of the Library member Marsha Hawkins and other representatives
presented the volunteers with Certificates of Recognition for the "Read
Together Diamond Bar" event. Special presentations were also make to
Wall of Honor individuals and to Drake Plunkett for his fundraising efforts.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered.
3. PUBLIC COMMENTS: Jeanette Betts, D.B. Rotary President, asked
residents to participate in the January 22 through January 30 "Vintage Auto
Racing" fundraising event to be held at the California Speedway. Admission is
$10 per individual for two-day attendance. Tickets are also available through PFF
Bank and Trust. In addition to local projects, a portion of this year's receipts will
be used to ship items to Tsunami victims. Anyone wishing to donate summer
JANUARY 4, 2005 PAGE 2 CITY COUNCIL
clothes, baby bottles, old sleeping bags, bed sheets, bandages, shoes, toys, etc.
can deliver their items to Towne Centre Travel (861-2606) at D.B. Blvd and
Grand Ave or call her at
626-393-2100 to arrange for pickup.
Orien Pagan felt it was important for the elected representatives of the City to
resolve the matter of appointing a Council member to fill the position vacated by
Bob Huff instead of burdening the City with a significant expenditure of $50-
$60,000. In addition, candidates would have to spend hundreds of thousands of
dollars that would be better spent with D.B. non-profit organizations and the
Tsunami victims. Jack Tanaka is a responsible and eligible candidate who was
endorsed by over 1800 residents and The San Gabriel Tribune. In her opinion,
the Council does not need an economic development expert, and all that matters
is that the new Councilperson is willing to learn, has the time to give, is a
responsible citizen and has served the community. The City has an excellent
staff to undertake economic development for the community. She asked the
Council to work together to control spending and increase revenue because that
is what the residents want.
Delilah Knox -Rios, President-elect of the D.B. Chamber of Commerce requested
that the City Council work together to appoint a Council member to at least one
year of service until the next scheduled election. She said that the Chamber was
not supporting any particular individual.
Kevin Lacey spoke in support of appointing Jack Tanaka to serve as a Council
Member. He felt it was politically practical for the Council to select Mr. Tanaka
because Mr. Tanaka would either be selected at this time or he would be elected
in June.
Clyde Hennessee asked that the Council consider holding the State of the City in
the afternoon or early evening to ensure greater participation. He congratulated
the Mayor and Mayor Pro Tem on their appointments and wished them well.
4. RESPONSE TO PUBLIC COMMENTS: M/Chang indicated to Mr.
Hennessee that the Council would take his request under advisement for next
year's State of the City event.
8. COUNCIL CONSIDERATION:
8.1 CONSIDER APPOINTMENT OF A CITY COUNCIL CANDIDATE TO FILL
THE VACANT COUNCIL SEAT.
M/Chang asked for public comment.
Jack Tanaka spoke about his candidacy and nomination to fill the vacant
Council position. He said that if appointed he would work hard as a team
member to bring new businesses to the City and help retain existing
businesses. He felt that due to his recent retirement he had the time and
JANUARY 4, 2005 PAGE 3 CITY COUNCIL
energy to work with City staff, D.B. Chamber of Commerce and
businesses. He asked the Council to please make an appointment this
evening and save the City the cost of a special election and thanked the
residents for their support.
Tulsi Savani said that although he would like the Council to select a
candidate, he was not sure that his candidate was being considered.
C/Chang reminded speakers that the final candidates are Dan Nolan and
Jack Tanaka.
C/Zirbes stated that at the last meeting the Council was unable to agree
on a candidate and asked if Council had other potential candidates they
wished to offer in nomination this evening. C/Zirbes asked the Council to
consider Steve Tye as a candidate for the vacant Council position.
CA/Jenkins suggested that if the public speakers wished to offer
information regarding possible candidates they should be allowed to do so
at this time.
Lydia Plunk said that as a previous candidate for Council there was no
shame in losing to a good candidate. One of her concerns was that some
Council Members were focusing on only one candidate. This should not be
a process about friends or good hearts and there were many who would
step up and serve. She felt that if Council Members were considering only
one candidate a deal had been cut. There are a lot of good people from
which to select and if a prior candidate did not win a previous election it
was not necessarily a reason to go back and select that person. A second
place winner would not fill the vacancy left by the President, for instance.
She felt the current Council Members could rise above this scenario and
make an informed decision. She said she hoped that each Council
Member had three people they could support through this process and
would be disappointed if Council Members could not get past supporting
friends and instead support a candidate with the heart and the mind and
the trust of all of the Council Members. This City is facing financial hurdles
and Council must work together for the good of the City.
Chuck Martin said that many in D.B. felt a special election was not
necessary and hoped that was still the case. However, at the last Council
meeting former Councilperson Ansari insinuated that a present Council
Member had ulterior motives for choosing Joe McManus. Mrs. Ansari also
inferred that a State regulated and legal FPPC PAC with which Mr.
McManus was affiliated was under investigation for shady dealings. In
fact, last year's State investigation found no infraction on the part of the
PAC. He stated that as a matter of public record Mrs. Ansari received PAC
money and Mr. Tanaka received a generous donation and personal and
family contributions from a current member of this Council. Although all of
this was legal Mrs. Ansari only pointed out Mr. McManus's affiliation with
PAC contributions and he felt this was a smear tactic. He repeated that
JANUARY 4, 2005 PAGE 4 CITY COUNCIL
Jack Tanaka was an honest man and a great choice for City Council. So
too were Joe McManus, Dan Nolan and others. We should not ignore
qualified candidates because of smear tactics that are unjustified and
unwarranted. He asked the Council to set their personal, partisan and
favoritism feelings aside and selects the right person for the job.
Marie Buckland said it was her understanding that each Councilperson
would select one candidate for final consideration. She felt that someone
who ran in a past election, was known to the residents and wanted to
serve the City should be selected. If this matter goes to an election Jack
Tanaka will win, so the Council Members should serve the people and quit
the pettiness.
James Price, Diamond Canyon Christian Church Pastor, spoke about Jack
Tanaka's leadership and service to D.B. Jack Tanaka spent a
considerable amount of money and effort in running for Council and has
integrity, service and leadership. He felt that the Council could select a
candidate from the several good candidates who offered their service. He
said he believed that if there were an election, Jack Tanaka would win.
A group of young people representing the D.B. Leo Club supported Jack
Tanaka and said he was a great role model for club members.
Vinod Kashyap said he was deeply hurt by Mrs. Ansari's comments about
C/Herrera during the last meeting. After the meeting he researched the
matter and found out that Eileen Ansari received $6,500 from the
American Federation of State, County and Municipal Employees; $3,000
from the Operating Engineers Local No. 12, and an additional $2,000 from
the Arab -American Leadership Council. This is a statement of record. Do
we castigate someone who cannot defend herself? At the last meeting Mr.
Torng claimed that he finished first in the last election. In fact, Mr.Torng
did not finish in first place he finished in third place or as the number one
loser. Mr. Torng wants to combine his votes with Mr. Tanaka's votes. Jack
Tanaka is a gentleman and a good candidate. Mr. Kashyap said he was
raised in a part of the world that did not understand the value of the
franchise and that one person offering his votes to another person was not
the American way. He said he was also not impressed with the way that
MPT/O'Connor blasted C/Zirbes during the last Council meeting. If the
Council is looking for a team player this is the best example of how to not
be a team player. Residents are seeking people of integrity and individuals
who will act as custodians of the City's funds. Council Members are
elected to serve the residents. He urged the Council Members to search
their hearts to see whether they were seeking a power base to promote
their own agendas or, if they were indeed acting in the best interest of the
City. Whoever is appointed or elected there are other elections coming up
and at that time the citizens will remember what happened tonight.
Eileen Ansari felt that many of the 16 candidates who applied for this
position were well qualified. She explained that the PAC donations she
JANUARY 4, 2005 PAGE 5 CITY COUNCIL
received were for a 1998 bid for Congress and not for a Council race. Her
concern was how PAC money was used. She felt that Jack Tanaka and
Dan Nolan were excellent candidates and said she had no problem with
the other 14 candidates except for the one candidate she mentioned
because she believed he misused PAC funds to tear down other
candidates.
Chuck Horvath felt that the formation of MAC was a low point in D.B.'s
political history. He was concerned that the Council was digressing to that
level at this point in time. The Council should always act in the best
interest of the community. Jack Tanaka will not take sides and he will do
what he says Jack's character is impeccable. If there is an election the
outcome is predetermined — Jack will win. There are two ways to resolve
this quagmire: Mr. Nolan could save the community money by withdrawing
his name from consideration and if not, C/Zirbes should change his choice
and back Jack Tanaka thereby reaping political gain and saving the
community unwarranted costs. "It is not Mr. Nolan's time to be on the City
Council, it is Jack Tanaka's time," he said.
Clyde Hennessee said he had attended Council meetings for a number of
years and disagreed with Council Members from time to time. He had
always been fiscally conservative and yet, tonight's argument is over
$50,000. In spite of his conservative leanings he still felt the City should
spend the $50,000 and hold a special election. This City spent more than
$50,000 for things that were not necessary at that certain moment in time.
He did not care who people favored and those who said a certain
individual would win could certainly not predict the outcome of an election.
The best thing that could happen at this time would be to hold a special
election, cut the deception and have the election that gives all of the
people a chance to voice their opinion.
Allen Wilson felt that democracy was hard work and that the City entrusted
this Council to make the best decision for it. He hoped that each
Councilperson would look into his heart and consider what was best for
the City and appoint an individual to the City Council rather than spend
$50,000 on a special election.
Mary Matson said that the Council Members selected two candidates. Mr.
Nolan may know more about economic development than Jack Tanaka
but it was, in her opinion, up to the Chamber of Commerce to deal with
economic development. Mr. Tanaka has proven his dedication to this City.
She asked the Council Members to consider the two candidates and if a
decision could not be reached, to hold an election and let the residents
decide.
M/Chang closed public comments.
MPT/O'Connor nominated Jack Tanaka.
JANUARY 4, 2005 PAGE 6 CITY COUNCIL
C/Zirbes nominated Dan Nolan.
Council discussion over the voting process ensued.
The following Roll Call vote was taken:
C/Herrera: Dan Nolan
C/Zirbes: Dan Nolan
MPT/O'Connor: Tanaka
M/Chang: Tanaka
C/Zirbes moved to appoint Steve Tye. C/Herrera seconded the motion.
Motion failed by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, Zirbes
NOES: COUNCIL MEMBERS: MPT/O'Connor, M/Chang
ABSENT: COUNCIL MEMBERS: None
C/Herrera moved to appoint Osman Wei. C/Zirbes seconded the motion.
Motion failed by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, Zirbes
NOES: COUNCIL MEMBERS: MPT/O'Connor, M/Chang
ABSENT: COUNCIL MEMBERS: None
C/O'Connor moved to appoint "Speed" Klinzing. Mr. Klinzing respectfully
declined to accept the appointment.
C/Herrera moved to appoint Joe McManus. C/Zirbes seconded the motion.
Motion failed by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, Zirbes
NOES: COUNCIL MEMBERS: MPT/O'Connor, M/Chang
ABSENT: COUNCIL MEMBERS: None
No further appointment motions were offered.
8.2 ADOPT RESOLUTION NO. 2005-01: CALLING AND GIVING NOTICE
OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION TO BE
HELD ON TUESDAY, JUNE 7, 2005 FOR THE ELECTION OF A
MEMBER TO THE CITY COUNCIL TO FILL A VACANCY AS
REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF
CALIFORNIA RELATING TO GENERAL LAW CITIES.
JANUARY 4, 2005 PAGE 7 CITY COUNCIL
Allen Wilson said he was very disappointed and felt the Council Members
should pay the $50,000 out of their individual campaign funds.
Roger Meyer said that $50,000 was nothing compared to the anguish and
animosity displayed during this process.
Vinod Kashyap agreed that it was prudent to hold an election. He asked
what would be eliminated from the budget to pay the $50,000 for this
special election.
Clyde Hennessee was happy to have this matter go to a vote of the people
and could imagine nothing more important to the community than for the
people to elect an individual of choice.
M/Chang closed public comments.
M/Chang moved, C/Zirbes seconded to adopt Resolution No. 2005-01.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: C/Herrera, C/Zirbes, M/Chang
NOES: COUNCIL MEMBERS: C/O'Connor
ABSENT: COUNCIL MEMBERS: None
5. SCHEDULE OF FUTURE EVENTS:
5.1 NEIGHBORHOOD TRAFFIC MANAGEMENT MEETING — January 6,
2005 - 7:00 p.m., D.B. YMCA, 22600 Sunset Crossing.
5.2 NEIGHBORHOOD TRAFFIC MANAGEMENT MEETING — January 11,
2005 — 7:00 p.m., Diamond Swim Club, 536 Navajo Sprgs.
5.3 PLANNING COMMISSION MEETING — January 11, 2005 — 7:00 p.m.,
AQMD/Government Center, 21865 Copley Dr.
5.4 STATE OF THE CITY — January 13, 2005 — 7:00 a.m., D.B. Center, 1600
S. Grand Ave.
5.5 TRAFFIC AND TRANSPORTATION COMMISSION MEETING — January
13, 2005 — 7:00 p.m., Hearing Board Room, 21865 Copley Dr.
5.6 CITY COUNCIL MEETING — January 18, 2005 — 6:30 p.m.,
AQMD/Government Center, 21865 Copley Dr.
6. CONSENT CALENDAR: C/Herrera moved, MPT/O'Connor seconded to
approve the Consent Calendar as presented. Motion carried by the following Roll
Call vote:
JANUARY 4, 2005 PAGE 8 CITY COUNCIL
AYES: COUNCIL MEMBERS
M/Chang
NOES: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
Herrera, Zirbes, MPT/O'Connor,
None
None
6.1 CITY COUNCIL MINUTES
6.1.1 Study Session of December 7, 2004 — Continued to January 18,
2005.
6.1.2 Regular Meeting of December 7, 2004 — Approved as submitted.
6.1.3 Adjourned Regular Meeting of December 14, 2004 — Approved as
submitted.
6.2 PLANNING COMMISSION MINUTES — November 23, 2004 — Received
and Filed.
6.3 RATIFIED CHECK REGISTER — Containing checks dated December 16,
2004, December 22, 2004 and December 30, 2004 in a combined amount
of $937,959.11.
6.4 REVIEWED AND APPROVED TREASURER'S STATEMENT — for the
month of November 2004.
6.5 AUTHORIZED USE OF CITY LOGO ON A PLAQUE TO BE INSTALLED
BY THE BREAKFAST LIONS ON A MONUMENT AT THE HISTORICAL
WINDMILL.
6.6 RECEIVED AND FILED COMPREHENSIVE ANNUAL FINANCIAL
REPORT AND SINGLE AUDIT REPORT ON FEDERAL AWARDS — for
the year ended June 30, 2004.
6.7 RECEIVED AND FILED CITY COUNCIL APPOINTMENTS AS
DETERMINED BY THE MAYOR.
ORGANIZATION DELEGATE ALTERNATE
California Contract Cities Association
Foothill Transit Board
Four -Corners Transportation Policy Group
Greater L.A. County Vector Control District
Joint Powers Insurance Authority
L.A. County Sanitation District No. 21
L.A. County City Selection Committee
League of CA Cities — L.A. County Division
O'Connor
Chang
Herrera
Zirbes
Chang
Herrera
MacBride
O'Connor
Zirbes
O'Connor
Chang
Chang
Herrera
Herrera
Chang
JANUARY 4, 2005 PAGE 9 CITY COUNCIL
7
San Gabriel Valley Council of Governments
San Gabriel Valley Economic Partnership
Southern California Assn. Of Governments (SCAG)
Tres Hermanos Conservation Authority
Wildlife Corridor Conservation Authority (WCCA)
Wildlife Corridor Conservation Authority Advisory
D.B. Community Foundation
Herrera
Chang
Herrera
Herrera
Herrera
MacBride
Zirbes
AD HOC COMMITTEES
City Council Goals/City Manager Evaluation
Economic Development
Industry East Development Advisory Committee
Legislative
Neighborhood Improvement
CITY COUNCIL LIAISON
Chamber of Commerce
PUSD/City
Senior Citizen
Sphere of Influence/Annexation
WVUSD/City
PUBLIC HEARINGS:
Chang
Chang
O'Connor
Herrera
Zirbes
Zirbes
O'Connor
O'Connor
Herrera
Herrera
Chang
Staff
Chang
Zirbes
Chang
Herrick
O'Connor
Zirbes
Zirbes
Chang
Chang
O'Connor
Zirbes
Zirbes
Zirbes
Chang
7.1 ADOPT RESOLUTION NO. 2005-02 APPROVING THE COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM ALLOCATION OF
$418,450 FOR FISCAL YEAR 2005-06.
DCM/DeStefano reported that due to Federal requirements the City must
consider the grant allocation designated for D.B. to allow the application to
become a component of the Los Angeles County application to the
Federal Government. He reviewed the progress of currently funded
programs and proposed a program allocation of $418,450 for the 2005-06
Fiscal Year. This year the City set aside $200,000 for the Home
Improvement Program; $9,500 for Paint the Town; $196,000 for a
Sidewalk ADA Accessibility Program; $300,937 ADA Sycamore Canyon
Park Retrofit Carryover Project and $162,000 for a Sidewalk ADA
Accessibility Carryover Project. Staff proposes the $62,700 allocation
available for public service projects be: $18,375 for the D.B. YMCA
Childcare Program; $12,050 for the D.B. YMCA Day Camp Program; and,
$32,342 for City Senior Programs. A maximum of 10% may be set aside
for program administration. Staff's recommendation is that the City Council
allocate the entire 10% or $41,845 for overall Program Administration to
be provided by City staff and the City's consultant, Diana Cho & Assoc.
Staff recommended that the $313,838 in funds for Public Works and
Housing be spent as follows: $118,838 be set aside to continue the Home
JANUARY 4, 2005 PAGE 10 CITY COUNCIL
Improvement Program; $10,000 be set aside for Paint the Town to rehab
six additional homes in May or June 2006; $150,000 for a Sidewalk
Accessibility Program on D.B. Blvd. in addition to the aforementioned
project allocated under the current year; and, $35,000 for ADA Retrofit
Improvements at Paul C. Grow Park.
Staff recommended City Council adoption of Resolution 2005-02 allocating
program funds in the manner recommended.
M/Chang opened the Public Hearing.
J. J. Diaz-Ceja, D.B. Walnut YMCA thanked Council for their support and
commitment to his organization. Due to the additional support, his
organization was able to open four additional school sites that provide
quality childcare and programming for the City's youth.
Bernie Dillon, Project Sister, stated that after listening to tonight's
presentation she realized that Project Sister support was not being
recommended for 2005-2006. She stated that she was aware that for the
past 4 years Council has funded Project Sister not through CDBG Grants
but through the General fund and therefore would like to request that the
Council continue the funding support so that they can continue to provide
services to the residents of D.B. Project Sister is the only Office of
Emergency Services designated rape crisis center that provide rape crisis
counseling, outreach, court and hospital accompaniment. Project Sister
has existed since 1972 and serves a 700 square mile area. She requested
$4,000 from the City for Fiscal -Year 2005-06 to assist D.B. residents.
Clyde Hennessee thanked the Council for their assistance to the social
services provided to the community.
M/Chang closed the Public Hearing.
C/Zirbes moved and C/Herrera seconded to Adopt Resolution No. 2005-
02 Approving the Community Development Block Grant Program
Allocation of $418,450 for Fiscal -Year 2005-06 as recommended by staff.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, Zirbes, MPT/O'Connor
M/Chang
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
C/Zirbes left the meeting.
7.2 ADOPT RESOLUTION NO. 2005-03 APPROVING ENVIRONMENTAL
IMPACT REPORT NO. 2004-01 (SCH#2003071051), MITIGATION
MONITORING PROGRAM, ZONE CHANGE NO. 2002-03, HILLSIDE
JANUARY 4, 2005 PAGE 11 CITY COUNCIL
MANAGEMENT CONDITIONAL USE PERMIT NO. 2002-17 AND TREE
PERMIT NO. 2002-12 (EAST SIDE OF ALAMO HEIGHTS DRIVE WITHIN
"THE COUNTRY ESTATES.") FOR VESTING TENTATIVE TRACT MAP
NO. 53670.
DCM/DeStefano explained the proposed project. He reported that on
November 23 at the conclusion of its Public Hearing the Planning
Commission unanimously recommended City Council approval of the
entire development package. To that end, staff recommends City Council
adoption of Resolution No. 2005-03.
M/Chang opened the Public Hearing.
Lex Williman, Planning Director, Hunsaker & Associates, explained the
proposed project and asked for Council approval.
M/Chang closed the Public Hearing.
C/Herrera moved and MPT/O'Connor seconded, to adopt Resolution 2005-
03 approving the resolution certifying the Environmental Impact Report
No. 2004-01 (SCH# 2003071051) and approving the Vesting Tentative
Tract Map No. 53670 and Mitigation Monitoring Program.
MPT/O'Connor asked if there were any corrections to the resolution to
which DCM/DeStefano responded that the only correction he recalled was
a typo with respect to the date of 2045 corrected to 2005. Other
corrections where included in subsequent approvals.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, MPT/O'Connor
M/Chang
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Zirbes
C/Herrera moved, MPT/O'Connor seconded to approve First Reading of
Ordinance No. 01 (2005) Zone Change No. 2005-01. Motion carried by the
following Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, MPT/O'Connor
M/Chang
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Zirbes
C/Herrera moved, M/Chang seconded to approve Resolution No. 2005-04
approving the Hillside Management Conditional Use Permit No. 2002-17
and Tree Permit No. 2002-12 (East Side of Alamo Heights Dr. with "The
Country Estates").
JANUARY 4, 2005 PAGE 12 CITY COUNCIL
AYES: COUNCIL MEMBERS: Herrera, MPT/O'Connor
M/Chang
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Zirbes
9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
C/Herrera commented that it was an eventful evening. Several residents
expressed concern that the Council no longer retains the amiable and good
working relationship that it once enjoyed. However, it could be interpreted as a
mere
difference of opinion. When it comes to the larger picture and the goals and focus
of what is good for D.B., the four Council Members are united. As of June 7 there
will be a fifth member who will fill the two plus years remaining in the term. The
Council Members were not in agreement as to whether there should be a full
appointment for the remainder of the three-year term as opposed to one year,
and as a result of tonight's decision the community has an opportunity to choose
its representative. The Council works for the citizens and she looks forward to
getting back to the business at hand for the good of the community.
MPT/O'Connor echoed and agreed with C/Herrera's comments that the Council
Members serve at the pleasure of the community. Sometimes Council Members
disagree and she believed that the best solution was to have the people decide
what individual would best serve the residents on the City Council. Over the past
few years there were very few issues that divided the Council and she looks
forward to working with the current Council Members to do the best possible job
for the City. She offered her sincere condolences and sympathy to the tsunami
victims and felt that it was impossible to fathom the extent of the damage and the
effect it would have on the peoples and the regions for many decades to come.
She asked that tonight's meeting be adjourned in the memory of those who were
affected by the earthquake and ensuing tsunami. She wished everyone a Happy
New Year and reported that her daughter who was present during tonight's
meeting became engaged during the holidays and that the family has reserved
the Diamond Bar Center for the February 4, 2006 wedding, coincidentally the
birthday of her oldest daughter.
M/Chang concurred with his fellow Council Members that even though the
Council sometimes agrees to disagree, they always come together to serve the
community. Although Mr. Zirbes was not present to voice his opinion, M/Chang
believed that he felt the same about coming together for the good of the
community. He asked the residents to make an informed decision on June 7, and
the Council would welcome the people's choice. The entire world sends
condolences and sympathy to the victims of the Tsunami. He felt it was important
that coastal communities have the benefit of an early warning system so that
more lives could be saved. He asked residents to donate whatever they could
spare to help the victims and commended America for its response to the
tragedy.
JANUARY 4, 2005 PAGE 13 CITY COUNCIL
10. ADJOURNMENT: With no further business to conduct, M/Chang adjourned the
meeting at 9:35 p.m. in honor of the victims lost to the tsunami and in memory of
long-time resident and real estate agent Carol Torkelson who recently passed
away.
2004.
LINDA C. LOWRY, CITY CLERK
The foregoing minutes are hereby approved this day of
WEN CHANG, 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.
Agenda # 6_3
Meeting Date: Januaty 18, 2005
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: SECOND READING OF ORDINANCE NO. 01 (2005) — ADOPTING ZONE CHANGE
NO. 2002-03 WHICH CHANGES THE EXISTING ZONING FROM R-1-20,000 TO
RURAL RESIDENTIAL (RR) FOR A PROPERTY OF APPROXIMATELY 7.5 ACRES
IDENTIFIED AS APN #8713-0289-030 LOCATED AT THE TERMINUS OF ALAMO
HEIGHTS DRIVE (EAST SIDE), DIAMOND BAR, CALIFORNIA AND AMENDING THE
ZONING MAP OF THE CITY OF DIAMOND BAR.
RECOMMENDATION: Approve second reading by title only and adopt Ordinance No. 01 (2005).
FINANCIAL IMPACT: N/A
BACKGROUND/DISCUSSION:
Ordinance No. 01 (2005) provides for Zone Change No. 2002-03 which amends the City's Zoning
Map, thereby bring the subject property in conformance with the General Plan land use designation of
Rural Residential. The amended zoning designation for the subject property will be Rural Residential
(RR) and all applicable standards of this zoning district will apply to the subject property.
A public hearing on the Zone Change was concluded on January 4, 2005. First reading of the
Ordinance occurred at the January 4, 2005 City Council meeting. Upon approval of second reading,
the referenced Zone Change will be effective February 3, 2005.
PREPARED BY:
Ann J. Lungu, Associate Planner
REVIEWED BY:
Nancy Fong, Planning Manager James DeStefano, Deputy City Manager
Attachment:
Ordinance No. 05 (2004)
ORDINANCE NO. (2005)
AN ORDINANCE OF THE CITY OF DIAMOND BAR APPROVING ZONE CHANGE
NO. 2002-03 WHICH CHANGES THE EXISTING ZONING FROM R-1-20,000 TO
RURAL RESIDENTIAL (RR) FOR A PROPERTY LOCATED AT THE SOUTHERLY
TERMINUS OF APPROXIMATELY 7.5 ACRES IDENTIFIED AS APN #8713-028-030
AND LOCATED AT THE SOUTHERLY TERMINUS OF ALAMO HEIGHTS DRIVE
(EAST SIDE), DIAMOND BAR, CALIFORNIA.
A. RECITALS.
1. On July 25, 1995, the City of Diamond Bar adopted its General Plan. The General Plan
established land use designations, goals, objectives and strategies implementing the community's
vision for its future.
2. The property owner/applicant, Mr. Jerry K. Yeh of Horizon Pacific Diamond Bar, LLC has filed
an application for Zone Change No. 2002-03 for a property identified as APN #8713-024-002 located
at the southerly terminus of Alamo Heights Drive (east side), Diamond Bar, Los Angeles County,
California. Hereinafter in this Resolution, the subject Zone Change shall be referred to as the
"Application."
3. On November 23, 2004, the Planning Commission of the City of Diamond Bar conducted and
concluded a duly noticed public hearing on the Application. At that time, the Planning Commission
adopted Resolution No. 2004-53 recommending City Council approval of the Application.
4. On December 16 2004, public hearing notices were mailed to approximately 115 property
owners of record within a 1,000 -foot radius of the project site. On December 23, 2004, notification of
the public hearing for this project was provided in the San Gabriel Valley Tribune and Inland Valley
Daily Bulletin newspapers. Public hearing notices were posted in three public places within the City
of Diamond Bar and the project site was posted with a display board by December 20, 2004.
Additionally and pursuant to Public Resource Code, Section 21092.5, agencies commenting on the
project's Environmental Impact report were notified in writing of the January 4, 2005 City Council
public hearing on December 20, 2004.
5. On January 4, 2005, 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. 2002-03
based on the following findings, as required by Municipal Code Section 22.70.050 and in
conformance with California Government Code Section 65853 and 65860.
7. Following due consideration of public testimony, staff analysis and the Planning Commission
recommendation, the City Council hereby finds that Zone Change No. 2002-03 set forth within
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 Rural Residential for the subject property. Zone Change No. 2002-03 will replace the City's Zoning
Map, in conformance with the General Plan by designating the subject property as Rural Residential
(RR).
8. The City Council hereby finds that the zone change identified above in the Ordinance was
addressed in Environmental Impact Report No. 2004-01 (SCH #2003071051) prepared for Vesting
Tentative Tract Map No. 53670 according to the requirements of the California Environmental Quality
Act (CEQA) and guidelines promulgated hereunder and determined not to have a significant effect on
the environment.
B. Resolution.
NOW, THEREFORE, it is found, determined and resolved by the City Council of the City of
Diamond Bar as follows -
1 .
ollows:
1. The zoning designation for the following property identified as APN #8713-028-030 is hereby
changed from R-1-20,000 to Rural Residential (RR) and shall allow uses listed for the RR zoning
districts in Table 2-3 of the Development Code.
2. The City Clerk is directed to amend the Zoning Map to reflect the referenced property's new
zoning designation
PASSED, APPROVED AND ADOPTED THIS DAY OF
2005, BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR.
Wen P. Chang, Mayor
I, Linda C. Lowry, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Ordinance
was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the
day of , 2005 and was finally passed at a regular meeting of the City Council of the City of
Diamond Bar held on the day of , 2005 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
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # 6.4
Meeting Date: January 18, 2005
AGENDA REPORT
TITLE: Approval of Contract Amendment with GFB-Friedrich & Associates, Inc. for
Assessment Engineering Services for Landscaping Assessment District Numbers
381 39, and 41 for a period of three (3) years, for a total contract amount of $36,070
plus a contingency amount of $5,000.
RECOMMENDATION:
Approve contract amendment.
FINANCIAL IMPACT:
In FY 2004-2005, $21,000 has been budgeted for the updates of Landscape Assessment District
Numbers 38, 39, and 41. The proposed cost for the upcoming updates is $11,590. The revenues
generated by the three Districts will pay for the cost of these services.
BACKGROUND/DISCUSSION:
The City has an annual program for the maintenance of landscaping and open space improvements,
funded by assessment districts within the City. On February 15, 2000, the Assessment Engineering
Services contract was awarded to GFB for three years with two one-year extensions. GFB has
satisfactorily performed the assessment engineering services for the City and has comprehensive
knowledge of the City's requirements. Further, GFB has extensive public finance experience that
includes forming and updating public finance district proceedings for various public agencies. As
such, staff recommends that the City continue the assessment engineering services with GFB.
Key tasks placed upon the assessment engineer include:
♦ Strategy Meeting to discuss assessment methodology, capital improvement budgets,
proposed operation and maintenance budgets, etc.
♦ Prepare Landscaping Inventory Map for each assessment district of areas to be
maintained.
♦ Prepare Engineer's Report which will contain the description of proposed improvements,
cost estimate, method of assessment, assessment roll, and diagram.
♦ Attend Public Meetings and Public Hearings.
♦ Place Assessments on County Assessor's Roll and submit final rolls to the City.
For FY 2005-2006, the proposed fee is $11,590. This represents an increase of $640 when
compared to the costs of the previous year. For FY 2006-07, the proposed fee is $11,940 (3%
increase) and for FY 2007-08, the proposed fee is $12,540 (5% increase). The increases are based
on the proposed increases from subcontractor Rapid Data who prepares the data processing
transmittal disks for the Los Angeles County Assessors Office. The total amount of the contract for
three (3) years is $36,070, plus a contingency of $5,000.
PREPARED BY:
Sharon Gomez, Senior Management Analyst
REVIEWED BY:
David G. Liu, Director of Public Works James DeStefano, Deputy City Manager
Attachments: Consulting Services Agreement Amendment No. 1
2
AMENDMENT NO. 2
TO THE CONSULTING SERVICES AGREEMENT
This Agreement (Amendment No. 1) is made and entered into this 18t—"_ day of January,
2005, between the THE CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as
"CITY") and GFB-Friedrich & Associates. (hereinafter referred to as "CONSULTANT").
A. RECITALS:
(i.) The CITY entered into an Agreement, with GFB-Friedrich & Associates to provide
Professional Consulting Services, which Agreement was dated February 15, 2000.
(ii.) To provide the assessment engineering services for FY 2005-2006, 2006-2007,
and FY 2007-2008, the CONSULTANT submitted a proposal, a full, true and correct copy of which is
attached hereto as Exhibit "A".
NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT:
Section 1: Section 1. A. Scope of Services of the Agreement is hereby amended to
read as follows:
"A. Scope of Services. The nature and scope of the specific services to be
performed by Consultant are as described in Exhibit "A", the Consultant's Proposal dated January 3,
2005, for the Landscape Assessment District Nos. 38, 39, and 41."
Section 2: Section 1. B. Level of Services/Time of Performance of the Agreement is
hereby amended to read as follows:
"B. Level of Services/Time of Performance. The level of and time of the specific
services to be performed by Consultant are as set forth in Exhibit "A" ".
Section 3: Section 3 of the Agreement is hereby amended to read as follows:
Compensation. "City agrees to compensate Consultant for each service which
Consultant performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "A".
Payment will be made only after submission of proper invoices in the form specified by City."
Section 4: Each party to this Amendment No.2 acknowledges that no representation by
any party which is not embodied herein nor any other agreement, statement, or promise not
contained in this Amendment No. 1 shall be valid and binding. Any modification of this Amendment
No. 1 shall be effective only if it is in writing signed by the parties.
1
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 as of the day and
year first set forth above:
APPROVED AS TO FORM: CONSULTANT:
GFB-FRIEDRICH & ASSOCIATES
By:
City Attorney John Friedrich
President
ATTEST:
CITY OF DIAMOND BAR
Linda C. Lowry, City Clerk Wen P. Chang, Mayor
DATE
2
Agenda # 6.5
Meeting Date: January 18, 2005
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Adoption of Election Resolutions
1. Resolution No. 2005 -XX requesting specific County election services
2. Resolution No. 2005 -XX regulating candidate campaign statements
RECOMMENDATION:
It is recommended that the City Council approve Resolution No. 2005 -XX requesting the County of
Los Angeles Board of Supervisors provide specific election services to the City, and approve
Resolution No. 2005 -XX adopting candidate statement regulations.
FINANCIAL IMPACT:
There is no fiscal implication associated with the approval of these resolutions.
DISCUSSION:
Resolution Regarding County Services
The attached Resolution requests the County of Los Angeles Board of Supervisors to provide the
following specific election services to the City for the June 7, 2005 special election:
Names and addresses of all eligible registered voters in the City for mailing purposes,
Voter indices for use by precinct workers at polling location, and
Make available additional election equipment and assistance as required by law.
Resolution Regulating Candidate Statements
Section 13307 of the Elections Code of the State of California requires the governing body of any
local agency to adopt regulations pertaining to materials prepared by any candidate for a municipal
election. The attached Resolution sets forth the City's rules regarding the provisions of the candidate
statements. The Resolutions conform to State law and County of Los Angeles regulations. This
Resolution will be provided to all candidates.
If adopted, the resolutions will be effective immediately.
PREPARED BY:
Dave Doyle, Deputy City Manager
Attachments
1. Resolution No. 2005 -XX requesting County election services
2. Resolution No. 2005 -XX regulating candidate statements.
RESOLUTION NO. 2005-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR, CALIFORNIA, REQUESTING THE
BOARD OF SUPERVISORS OF THE COUNTY OF LOS
ANGELES TO RENDER SPECIFIED SERVICES TO THE
CITY RELATING TO THE CONDUCT OF A SPECIAL
MUNICIPAL ELECTION TO BE HELD ON TUESDAY,
JUNE 7, 2005.
WHEREAS, a General Municipal Election is to be held in the City of Diamond Bar, California,
on June 7, 2005; and
WHEREAS, in the course of conduct of the election it is necessary for the City to request
services of the County; and
WHEREAS, all necessary expenses in performing these services shall be paid by the City of
Diamond Bar;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA,
DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. That pursuant to the provisions of § 10002 of the Elections Code of the State of
California, this City Council requests the Board of Supervisors of the County to permit the County
Election Department to prepare and furnish to the City for use in conducting the election the computer
record of the names and address of all eligible registered voters in the City in order that the City may
print labels to be attached to self -mailer sample ballot pamphlets; and will also furnish to the City
printed indices of the voters to be used by the precinct board at the polling place; and will make
available to the City additional election equipment and assistance according to state law.
Section 2. That the City shall reimburse the County for services performed when the work is
completed and upon presentation to the City of a properly approved bill.
Section 3. That the City Clerk is directed to forward without delay to the Board of
Supervisors and to the County Election Department, each a certified copy of this resolution.
PASSED, APPROVED and ADOPTED on January 18, 2005.
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 the day of
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ATTEST:
200, by the following vote:
Linda C. Lowry, City Clerk
RESOLUTION NO. 2005-
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR, CALIFORNIA,
/ADOPTING REGULATIONS FOR CANDIDATES
FOR ELECTIVE OFFICE PERTAINING TO
CANDIDATES' STATEMENTS SUBMITTED TO
THE VOTERS AT A SPECIAL ELECTION TO BE
HELD ON TUESDAY, JUNE 7, 2005.
WHEREAS, Section 13307 of the Elections Code of the State of California provides that the
governing body of any local agency adopt regulations pertaining to materials prepared by any
candidate for a municipal election, including costs of the candidate's statement.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA,
DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. General Provisions.
Pursuant to Section 13307 of the Elections Code of the State of California, each candidate for
elective office to be voted for at an election to be held in the City of Diamond Bar on June 7, 2005,
may prepare a candidate's statement on an appropriate form provided by the City Clerk. The
statement may include the name, age and occupation of the candidate and a brief description of no
more than 200 words of the candidate's education and qualifications expressed by the candidate
himself or herself. The statement shall not include party affiliation of the candidate, nor membership
or activity in partisan political organizations. The statement shall be filed in typewritten form in the
office of the City Clerk at the time the candidate's nomination papers are filed. The statement may be
withdrawn, but not changed, during the period for filing nomination papers and until 5:00 p.m. of the
next working day after the close of the nomination period.
Section 2. Foreign Language Policy.
A. Candidates' statements, pursuant to State law, may be translated and printed in
Spanish and included in the Sample Ballot and Voter Information Pamphlet, if requested and paid for
by the candidate.
B. Pursuant to the Voting Rights Act of 1965, as amended, in addition to English, the City
Clerk is required to translate candidates' statements and voter information into Chinese, Korean and
Spanish and have that information available.
C. The City Clerk shall arrange to have candidates' statements and voter information
translated into Chinese, Korean and Spanish and available upon request in the City Clerk's office,
however, the Sample Ballot and Voter Information Pamphlet mailed to all registered voters shall
include only those statements translated into Spanish which were requested and paid for by the
individual candidates.
Section 3. Payment.
A. The candidate shall be required to pay for the cost of printing the candidate's statement
in the Sample Ballot and Voter Information Pamphlet. If the candidate requests inclusion of a
Spanish translation of his or her statement in the Sample Ballot and Voter Information Pamphlet,
those costs will be borne by the candidate.
B. The candidate shall not be required to pay for the cost of translating the candidate
statement into any foreign language as specified in Section 2B above.
C. The City Clerk shall estimate the total cost of printing, handling, translating and mailing
candidates' statements filed pursuant to this section, including costs incurred as a result of complying
with the Voting Rights Act of 1965, as amended, and require each candidate filing a statement to pay
in advance to the local agency his or her estimated pro rata share as a condition of having his or her
statement included in the Sample Ballot and Voter Information Pamphlet. The estimate is just an
approximation of the actual cost that varies from one election to another election and may be
significantly more or less than the estimate, depending on the actual number of candidates filing
statements. Accordingly, the City Clerk is not bound by the estimate and may, on a pro rata basis, bill
the candidate for additional actual expense or refund any excess paid depending on the final actual
cost. In the event of underpayment, the City Clerk shall require the candidate to pay the balance of
the cost incurred. In the event of overpayment, the City Clerk shall prorate the excess amount among
the candidates and refund the excess amount paid within 30 days of the election.
Section 4. Additional Materials.
No candidate will be permitted to include additional materials in the sample ballot package.
Section 5. The City Clerk shall provide each candidate or the candidate's representative a
copy of this resolution at the time nomination papers are issued.
Section 6. All previous resolutions establishing Council policy on payment for candidates'
statements are repealed.
Section 7. This resolution shall apply only to the election to be held on June 7, 2005, and
shall then be repealed.
Section 8. The City Clerk shall certify to the passage and adoption of this resolution and enter
it into the book of original resolutions.
PASSED, APPROVED and ADOPTED on January 18, 2005.
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 the day of
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ATTEST:
200, by the following vote:
Linda C. Lowry, City Clerk
Agenda #
Meeting Date: January 18, 2005
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Authorize the City Manager to enter into an agreement with Martin and Chapman
Company for election services and supplies for the June 7, 2005 election at a cost not to
exceed $40,000 and appropriate the funds from General Fund Reserves
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to enter into an agreement with
Martin and Chapman Company for election services and supplies, and appropriate the necessary
funds.
FINANCIAL IMPACT:
Funds for this expense were not appropriated in the FY 2004-05 budget so the Council needs to
appropriate the funds from General Fund Reserves.
BACKGROUND/ DISCUSSION
At its meeting of January 4, 2005 the City Council adopted Resolution No. 2005-01 calling a special
election for June 7, 2005. Since the County of Los Angeles is not holding an election on that date,
the City can not consolidate its special election with the County as it would in a regular municipal
election. Therefore, the City requires election services and supplies from a private company. .
Martin and Chapman Company was established in 1956 and provides election supplies, services and
consultation to over 400 cities, counties and associations in California and Nevada. The attached
information details the $40,000 of services and supplies they will provide to the City for the June 7t"
election.
In addition to the services provided by Martin and Chapman, the City has secured the services of
Caroline deLlamas, a retired City Clerk from the City of Cerritos, to supervise the June election and
train designated staff in specific election tasks. The cost for these services is estimated at $15,000.
The City requires Ms. deLlamas' services due to the vacancy of the City Clerk position; a position
which is annually budgeted at over $100,000.
Also, the City expects to spend approximately $10,000 for additional election sample ballot mailings,
postage, absentee ballots, poll worker and polling place charges. The anticipated total cost of the
June 7 election is approximately $65,000. City staff will include the remaining cost items in the City's
mid -year budget adjustment scheduled for consideration in February.
PREPARED BY:
Dave Doyle, Deputy City Manager
Attachments
1. List of services to be provided by Martin and Chapman
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # 6.7
Meeting Date: Jan. 18, 2005
AGENDA REPORT
TITLE: APPROVE CHANGE OF DELEGATE APPOINTMENTS TO THE L.A. COUNTY
SANITATION DISTRICT NO. 21 AND ADOPT RESOLUTION BY THE CITY COUNCIL
OF THE CITY OF DIAMOND BAR CONFIRMING THE APPOINTMENT OF SPECIAL
PRESENTATIVES TO THE BOARD OF THE SAN GABRIEL VALLEY COUNCIL OF
GOVERNMENTS
RECOMMENDATIONS:
It is recommended that the City Council approve the Sanitation District appointment change and
adopt the San Gabriel Valley Council of Governments (SGVCOG) Resolution.
FISCAL IMPACT:
There is no fiscal impact on the City of Diamond Bar.
BACKGROUND / DISCUSSION:
On January 4, 2005 Mayor Wen Change appointed Council Member Debby O'Connor to serve as the
"delegate" representative for Los Angeles County Sanitation District 21 and appointed himself as the
"alternate delegate". The bylaws of Sanitation District 21 state that the Mayor of a city "must serve"
as the "delegate". Therefore, the City Council must approve that the appointments be switched to
make Mayor Chang the "delegate" and Council Member O'Connor the "alternate delegate" to the L.A.
County Sanitation District.
On January 4, 2005, Diamond Bar Mayor Wen Chang designated Council Member Carol Herrera to
serve as the "delegate" to the SGVCOG for the calendar year 2005. He has also designated himself
as the "alternate delegate" for 2005. The By -Laws of the SGVCOG require a resolution formalizing
the Mayor's appointments. Resolution 2005 -XX confirming these appointments is attached.
Prepared by:
Jim Clarke, Legislative Analyst
Attachments
1. Resolution No. 2005 -XX confirming the appointments of special representatives to the San
Gabriel Valley Council of Governments
RESOLUTION NO. 2005-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
CONFIRMING THE APPOINTMENT OF SPECIAL REPRESENTATIVES TO THE BOARD OF THE
SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
WHEREAS, the City of Diamond Bar has executed the San Gabriel Valley Council of Governments
Joint Powers Agreement; and
WHEREAS, the Joint Powers Agreement for the San Gabriel Valley Council of Governments
(SGVCOG) requires that each member city appoint a Delegate Governing Board Representative and
an Alternate Governing Board Representative to represent the City in conducting the affairs of the
San Gabriel Valley Council of Governments; and
WHEREAS, Council Member Carol Herrera is a current officer of the San Gabriel Valley Council of
Governments and is automatically designated as the "delegate" from the City through July 2005 in
accordance with the COG bylaws; and
WHEREAS, Mayor Wen Chang has designated Carol Herrera to fill the full 2005 term as the
SGVCOG "delegate" from the City of Diamond Bar; and
WHEREAS; Mayor Wen Chang has designated himself as the SGVCOG "alternate delegate" from the
City of Diamond Bar.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar does hereby
resolve the following:
SECTION 1. That the City Council of the City of Diamond Bar appoints Council Member Carol
Herrera to serve as the Delegate to the Governing Board of the San Gabriel Valley Council of
Governments.
SECTION 2. That the City Council of the City of Diamond Bar appoints Mayor Wen Chang to serve
as the Alternate Delegate to the Governing Board of the San Gabriel Valley Council of Governments.
SECTION 3. That the individuals designated in this resolution shall serve until replaced by resolution
or until they become ineligible pursuant to the terms of the Joint Powers Agreement of the San
Gabriel Valley Council of Governments.
SECTION 4. That the City Clerk shall certify the adoption of the resolution.
SECTION 5. That a certified a copy of the resolution be circulated to the following:
San Gabriel Valley COG
PASSED, APPROVED AND ADOPTED this day of , 2005
Mayor
I, Linda C. Lowry, City Clerk of the City of Diamond Bar, California do hereby certify that the foregoing
Resolution was duly and regularly passed and adopted by the City Council of the City of Diamond
Bar, California, at its regular meeting held on the day of 2005, 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
Agenda # 6.8
Meeting Date: January 18, 206
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Resolution No. 2005 -XX ratifying Emergency Declaration issued by the
City Manager on January 12, 2005 declaring a local emergency
RECOMMENDATION:
It is recommended that the City Council approve Resolution No. 2005 -XX ratifying the
Emergency Declaration issued by the City Manager on January 12, 2005 declaring a
local emergency in the City.
FINANCIAL IMPACT:
The Resolution may assist the City in securing State and Federal funds to pay the repair
costs for the damage caused by recent rain storms.
BACKGROUND:
On Tuesday, January 11th the City experienced a significant landslide on the property
between Minnequa Drive and Sunset Crossing Road. The hillside, located on private
property, failed after being saturated by a series of torrential rains. Fortunately, there
were no injuries resulting from the landslide but five property owners were displaced
from their homes. The homes did not experience structural damage but the threat of
additional movement required the properties to be deemed unsafe and residents
evacuated.
In addition to the damage to private property, a number of public property hillsides
experienced much smaller landslides. There was no structural damage associated with
any of the slides on public land. However, the slides may result in significant repair
costs.
On January 12, 2004, the attached Emergency Declaration proclaiming a local
emergency was issued by the City Manager. Subsequently the City Manager issued the
attached Emergency Order 05-01 authorizing the Building Official and Public Works
Director to enter and inspect private property for the purpose of abating hazardous
conditions.
The City Manager is empowered, through Municipal Code Section 08.00.050, to declare
a local emergency if the safety of lives or property is threatened. The Emergency
Declaration is a necessary requirement for requesting Federal or State funds, if any
become available.
DISCUSSION:
The Municipal Code requires the City Council to ratify the proclamation act within (7)
days from issuance. Therefore, the City Council should approve Resolution No. 2005 -
XX ratifying the emergency declaration issued on January 12tH
Following approval, City staff will forward the resolution and associated documents to
the appropriate Federal and State agencies.
PREPARED BY:
Dave Doyle, Deputy City Manager
Attachment
1. Resolution No. 2005 -XX ratifying Emergency Declaration 05-01 declaring a local
emergency.
2. Emergency Declaration issued by City Manager
3. Emergency Order 05-01
RESOLUTION NO. 2005 -XX
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DIAMOND BAR RATIFYING
EMERGENCY DECLARATION 05-01
DECLARING THE EXISTENCE OF A LOCAL
EMERGENCY
WHEREAS, On January 11, 2005, the condition of extreme peril to the safety of persons
and property existed as a result of a geological movement on certain private property
located on the hillside at Minnequa Drive and other public property throughout the City
of Diamond Bar. and
WHEREAS, the conditions were found to be beyond the control of local resources and
warranted the proclamation of the existence of a local emergency; and
WHEREAS, the City Manager, on Wednesday, January 12, 2005, issued a declaration
proclaiming a local emergency, and
WHEREAS, the Diamond Bar Municipal Code, Section 08-00-050 requires the City
Council to ratify the proclamation within seven days from issuance.
NOW, THEREFORE, IT IS HEREBY PROCLAIMED AND ORDERED AS FOLLOWS:
SECTION 1. The City Council does hereby find that the aforesaid conditions of extreme
peril did warrant and necessitate the proclamation to the existence of a local
emergency; and
SECTION 2. The said local emergency shall be deemed to continue to exist at the
Minnequa landslide area, until the threat is alleviated.
SECTION 3. The City Clerk shall certify the adoption of this resolution.
PASSED, APPROVED AND ADOPTED this day, of January, 2005.
Wen P. Chang, Mayor
I, LINDA C. LOWRY, City Clerk of the City of Diamond Bar do hereby certify that
the foregoing Resolution was passed, approved and adopted at the regular meeting of
the City Council of the City of Diamond Bar held on day of January, 2005
by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Linda C. Lowry, City Clerk
DECLARATION OF LOCAL EMERGENCY
(By the Director of Emergency Services)
AN EXECUTIVE ORDER OF THE DIRECTOR OF EMERGENCY
SERVICES OF THE CITY OF DIAMOND BAR DECLARING THE
EXISTENCE OF A LOCAL EMERGENCY
The Director of Emergency Services for the City of Diamond Bar does hereby
find, order and declare as follows:
WHEREAS, Diamond Bar Municipal Code Section 8.00.050 authorizes the
Director of Emergency Services to proclaim the existence or threatened existence of a
local emergency when the City Council is not in session; and
WHEREAS, Diamond Bar Municipal Code Section 8.00.050 identifies the City
Manager as the Director of Emergency Services; and
WHEREAS, Diamond Bar Municipal Code Section 8.00.020 defines an "local
emergency," in part, as the existence of conditions of disaster or of extreme peril to the
safety of persons or property within the territorial limits of a county, city and county, or
city caused by such condition as air pollution, fire, flood, storm, epidemic, riot, drought,
sudden and severe energy shortage, plant or animal infestation or disease ...; and
WHEREAS, conditions of extreme peril to the safety of persons and property
have arisen as the result of several intense rainstorms that delivered record rainfall; and
WHEREAS, as the result of the weather conditions, the City has experienced
mud slides, slope failures, traffic accidents and property damage; and
WHEREAS, the City Council is not presently in session and is not scheduled to
meet again until January 18, 2005; and
WHEREAS, there are several areas currently threatened with slope failure as a
result of the saturated ground and threaten the safety of persons and property;
NOW THEREFORE THE DIRECTOR HEREBY proclaims that a local state of emergency now
exists throughout the City; and
IT IS FURTHER PROCLAIMED AND ORDERED that during the existence of this local
emergency, the powers, functions and duties of the emergency organization of this City shall be those
prescribed by State law, the ordinances and resolutions of the City and by the City's Emergency Plan.
Dated: January 12, 2005
Linda Lowry, City Manager
ATTEST:
David Doyle
Assistant City Manager/Assistant City Clerk
:�l>rWK61097Mil ►TA15*01
EMERGENCY ORDER NO. 05-01 OF THE DIRECTOR OF
EMERGENCY SERVICES AUTHORIZING THE BUILDING
OFFICIAL AND THE PUBLIC WORKS DIRECTOR TO ENTER,
INSPECT AND ABATE HAZARDOUS CONDITIONS EXISTING
ON PRIVATE PROPERTY
WHEREAS, due to recent rainstorms, the City has received extremely heavy rains and
significant soil saturation causing damage to structures and septic systems, mudslides, rockslides,
landslides, and flooding. These conditions have forced numerous road closures;
WHERAS, the Director of Emergency Services has proclaimed the existence of a local
emergency created by these weather conditions;
WHERAS, during the existence of the local emergency, the Director may find it necessary in
order to protect the public health, safety and welfare to abate immediately the hazardous conditions
created by the rainstorms; and
WHERAS, the Director of Emergency Services does hereby find that conditions of extensive
peril to life, limb, health, property, safety and welfare of the public exist because of the potential for
soil erosion, landslides, falling trees and rocks, structure movement, release of raw sewage and other
hazardous conditions existing in the affected areas;
NOW, THEREFORE, IT IS HEREBY ORDERED that during the duration of the local
emergency, the Building Official and the Public Works Director, along with all other appropriate City
agencies and departments and their authorized representatives, including contractors and
subcontractors, are directed to inspect and abate any and all dangerous conditions that come to their
attention and that represent an imminent hazard to the public health, safety and welfare;
IT IS FURTHER ORDERED that during the duration of the local emergency, the Building
Official and the Public Works Director, along with all other appropriate City agencies and departments
and their authorized representatives, including contractors and subcontractors, are directed to enter
into private property whenever it shall be necessary to inspect and abate any and all hazardous
conditions existing therein and to impose any and all safety measures deemed necessary to protect
the public health, safety and welfare;
IT IS FURTHER ORDERED that during the duration of the local emergency, the Building
Official and the Public Works Director, along with all other appropriate City agencies and departments
and their authorized representatives, including contractors and subcontractors, are directed to adopt
and implement erosion control measures in watershed areas and areas where, in the judgment of the
Building Official, it is deemed necessary to protect the public health, safety and welfare;
IT IS FURTHER ORDERED that during the duration of the local emergency, the Building
Official and the Public Works Director, along with all other appropriate City agencies and departments
and their authorized representatives, including contractors and subcontractors, are directed to alter,
change or terminate any and all private erosion control measures adopted by property owners and/or
their agents, if such private measures are found to interfere with the overall erosion control plans of
the City or if such private measures adversely impact facilities;
IT IS FURTHER ORDERED that the City may cause a lien to be placed on private property for
the recoupment of costs associated with the abatement of hazardous conditions existing on private
property;
IT IS FURTHER ORDERED that the City may seek appropriate insurance recovery for the
costs associated with the abatement of hazardous conditions existing on private property and that any
action taken by the City to protect the public health, safety and welfare will be subject to budget and
resource constraints.
Dated: January 12, 2005
Linda Lowry
City Manager
Agenda # 8.1
Meeting Date: Jan. 18, 2005
CITY COUNCIL \ AGENDA REPORT
9S
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: APPROVE WAIVER OF ROOM RENTAL FEES AT THE DIAMOND BAR CENTER
FOR CALIFORNIA STATE ASSEMBLYMAN BOB HUFF
RECOMMENDATION:
City staff has no recommendation.
FISCAL IMPACT:
The City would potentially lose $405 in revenue for 9 hours of rental time at a rate of $45 per hour.
BACKGROUND / DISCUSSION:
On February 4, 2005, Assemblyman Bob Huff has scheduled a training seminar for his new staff from
both his district and Sacramento offices. He has booked the Sycamore Room at the Diamond Bar
Center.
As a representative of a government agency, Huff falls into the Group C1 rental category according to
the Diamond Bar Center Facility Use Policy adopted by the Diamond Bar City Council as Resolution
2003-60D on November 2, 2004. The Sycamore Room rate for the Group C1 category is $45 per
hour. The Assemblyman has booked the room for 9 hours.
In a telephone call to the City Manager, Assemblyman Huff has requested that his rental fees be
waived and that the issue be brought before the City Council. By policy, the City Council must
approve all Center rental charge waivers. To date, the City has not waived any Diamond Bar Center
user fees.
Prepared by:
Jim Clarke, Legislative Analyst
CITY OF DIAMOND BAR
TREASURER'S MONTHLY CASH STATEMENT
December 31, 2004
SUMMARY OF CASH:
BEGINNING
TRANSFERS
ENDING
GENERAL ACCOUNT
BALANCE
RECEIPTS
DISBURSEMENTS IN (OUT)
BALANCE
GENERAL FUND
$22,692,428.98
$1,507,549.08
$1,658,109.82
$22,541,868.24
LIBRARY SERVICES FUND
0.00
PETTY CASH ACCOUNT
500.00
0.00
COMMUNITY ORG SUPPORT FD
(5,006.74)
200.00
(5,206.74)
GAS TAX FUND
833,712.53
833,712.53
TRANSIT TX (PROP A) FD
1,275,314.99
118,033.69
88,094.46
1,305,254.22
TRANSIT TX (PROP C) FD
867,390.96
65,833.15
$401,555.76
933,224.11
ISTEA Fund
0.00
149,332.97
0.00
INTEGRATED WASTE MGT FD
569,426.59
31,926.29
537,500.30
AB2928-TR CONGESTION RELIEF FD
0.00
TOTAL CASH
0.00
AIR QUALITY IMPRVMNT FD
155,121.65
18,173.22
1,028.75
172,266.12
PARK & FACILITIES DEVEL. FD
1,881,039.43
1,881,039.43
COM DEV BLOCK GRANT FD
(65,522.45)
13,100.54
(78,622.99)
CITIZENS OPT -PUBLIC SAFETY FD
318,473.57
3,322.33
315,151.24
NARCOTICS ASSET SEIZURE FD
314,314.22
314,314.22
CA LAW ENFORCEMENT EQUIP PRGM
71,135.79
71,135.79
LANDSCAPE DIST #38 FD
384,822.72
102,251.97
10,791.85
476,282.84
LANDSCAPE DIST #39 FD
226,161.39
65,001.76
29,745.99
261,417.16
LANDSCAPE DIST #41 FD
332,239.96
48,697.18
3,711.98
377,225.16
GRAND AV CONST FUND
111,579.53
111,579.53
CAP IMPROVEMENT PR] FD
(1,431,098.15)
42,665.92
(1,473,764.07)
SELF INSURANCE FUND
1,318,192.28
1,318,192.28
EQUIPMENT REPLACEMENT FUND
194,996.31
194,996.31
COMPUTER REPLACEMENT FUND
(4,061.55)
(4,061.55)
PUBLIC FINANCING AUTHORITY FUND
572,251.26
590.36
21,952.89
550,888.73
TOTALS
$30,612,913.27
$1,926,130.41
$1,904,650.82 $0.00
$30,634,392.86
SUMMARY OF CASH:
DEMAND DEPOSITS:
GENERAL ACCOUNT
($69,946.11)
PAYROLL ACCOUNT
(88,600.24)
CHANGE FUND
250.00
PETTY CASH ACCOUNT
500.00
TOTAL DEMAND DEPOSITS
($157,796.35)
INVESTMENTS:
US TREASURY Money Market Acct.
$752,604.68
LOCAL AGENCY INVESTMENT FD
29,488,695.80
30,241,300.48
CASH WITH FISCAL AGENT:
US TREASURY Money Market Account
$401,555.76
LOCAL AGENCY INVESTMENT FD
149,332.97
(Bond Proceeds Account)
550,888.73
TOTAL CASH
$30,634,392.86
Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. There are two LAIF accounts set up. The regular account's funds are available for
withdrawal within 24 hours. The LAIF Bond Proceeds account's withdrawals require 30 days notice.
As a secondary investment option, the City maintains the US Treasury Sweep Accounts with Wells Fargo and the City's Fiscal Agent, Union Bank of California. Any excess funds are
"swept" on a daily basis from the City's bank accounts and are invested overnight in a pool of US Treasury Notes. Interest is credited to the City's bank accounts on a monthly basis.
L.A.I.F - Effective Yield - December 2004 2.134%
Wells Fargo Money Mkt -Effective Yield - December 2004 1.395%
Union Bank Money Mkt - Effective Yield - December 2004 1.570%
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
71u�
TO:
FROM:
ADDRESS:
ORGANIZATION:
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
AGENDA #/SUBJECT:
CITY CLERK
ctn r,\ tiDATE:
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
Signa—re
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO: CITY CLERK
FROM:
DATE:
\JL4 G�— PHONE:
ADDRESS:
ORGANIZATION.
AGENDA #/SUBJECT:
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
c:
Signature