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CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
June 7, 2005
Next Resolution No. 2005-26
Next Ordinance No. 07(2005)
CLOSED SESSION: 5:00 p.m., Room CC -8
Public Comments on Closed Session Agenda
Government Code Section 54957 Public Employee Evaluation
Title: City Manager
STUDY SESSION:
Youth Master Plan
Budget Discussion
Public Comments
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
ROLL CALL:
APPROVAL OF AGENDA:
5:30 p.m., Room CC -8
6:30 p.m.
Mayor
Pastor Bob Stebe
Northminister Presbyterian Church
Council Members Herrera, Zirbes,
Mayor Pro Tem O'Connor, Mayor Chang
Mayor
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Presentation of Certificate of Recognition to Irene Wang for Receiving the
"Librarian of the Year" Award.
BUSINESS OF THE MONTH:
1.2 MBI Media, Inc. Business of the Month.
JUNE 7, 2005 PAGE 2
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each
regular meeting agenda to provide an opportunity for members of the public to
directly address the Council on Consent Calendar items or matters of interest to
the public that are not already scheduled for consideration on this agenda.
Although the City Council values your comments, pursuant to the Brown Act, the
Council generally cannot take any action on items not listed on the posted
agenda. Please complete a Speaker's Card and give it to the City Clerk
(completion of this form is voluntary). There is a five-minute maximum time limit
when 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 TRAFFIC AND TRANSPORTATION COMMISSION MEETING — June 9,
2005 — 7:00 p.m., Board Hearing Room, AQMD/Government Center,
21865 Copley Dr.
5.2 PLANNING COMMISSION MEETING — June 14, 2005 — 7:00 p.m.,
Auditorium, AQMD/Government Center, 21865 Copley Dr.
5.3 CITY COUNCIL MEETING — June 21, 2005 — 6:30 p.m., Auditorium,
AQMD/Government Center, 21865 Copley Dr.
6. CONSENT CALENDAR:
6.1 City Council Minutes:
6.1.1 Study Session of May 17, 2005 -Approve as submitted.
6.1.2 Regular Meeting of May 17, 2005 — Approve as submitted.
6.2 Planning Commission Minutes:
6.2.1 Regular Meeting of April 26, 2005 - Receive and file.
6.2.2 Regular Meeting of May 10, 2005 — Receive and file.
6.3 Parks and Recreation Commission Minutes — April 28, 2005 — Receive
and file.
6.4 Ratification of Check Register — Ratify Check Register dated June 2,
2005 in the amount of $1,224,588.42.
JUNE 7, 2005 PAGE 3
6.5 Treasurer's' Statement - month of April, 2005 — Review and approve.
6.6 Reject Claim for Damages — Filed by Christine McGurty on February 28,
2005.
Recommended Action: Reject.
Requested by: City Clerk's Division
6.7 Appropriation of $500 from the Community Support Fund in Support
of the Los Angeles County Sheriff's Department "999 for Kids"
Program.
Recommended Action: Appropriate.
Requested by: City Manager
6.8 Approve Extension of Agreement for One Year for Traffic Signal
Maintenance Services with Republic Electric.
Recommended Action: Approve.
Requested by: Public Works Division
6.9 Approve Extension of Contract Agreement with MCE Corp. for Three
Years for Street Maintenance Services.
Recommended Action: Approve.
Requested by: Public Works Division
6.10 Authorize the Purchase of Two Laptop Computers for Use in the
City's Emergency Operations Center (EOC) and Appropriate
Necessary Grant Funds from Federal Homeland Security FY05 Grant
($3,000).
Recommended Action: Authorize and appropriate funds.
Requested by: City Manager
6.11 Authorize City Manager to purchase additional computer hardware
from Hewlett Packard ($25,000).
Recommended Action:
Requested by: IS Division
6.12 (a) Adopt Resolution No. 2005 -XX: Declaring the City's Intention to
JUNE 7, 2005 PAGE 4
Levy and Collect Assessments for Landscape District No. 38 and
Direct the City Clerk to Advertise the Public Hearing Before the
Council at the July 5, 2005 Regular Meeting.
Recommended Action: Adopt.
(b) Adopt Resolution No. 2005 -XX: Declaring the City's Intention to
Levy and Collect Assessments for Landscape District No. 39 and
Direct the City Clerk to Advertise the Public Hearing Before the
Council at the July 5, 2005 Regular Meeting.
Recommended Action: Adopt.
(c) Adopt Resolution No. 2005 -XX: Declaring the City's Intention to
Levy and Collect Assessments for Landscape District No. 41 and
Direct the City Clerk to Advertise the Public Hearing Before the
Council at the July 5, 2005 Regular Meeting.
Recommended Action: Adopt.
Requested by: Public Works Division
6.13 Approve Reimbursement of $41000 to Waste Management for
Specialized Electronic Waste Recycling Services.
Recommended Action: Approve
Requested by: Public Works Division
6.14 Establishment of the Industry Business Center Sub -Committee
(Zirbes/O'Connor).
Recommended Action:
Requested by: City Council
7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be
heard
7.1 Introduction of Ordinance No. 0X(2005) and Adoption of Resolution
No. 2005 -XX Amending Title 15 of the Diamond Bar Code Adopting
by Reference the California Electrical Code 2004 Edition and
Appendices Together with Certain Amendments, Additions,
Deletions and Exemptions including Fees and Penalties.
Recommended Actions: Approve first reading by title only, waive further
reading, introduce Ordinance No. 0X(2005) and adopt Resolution No.
2005 -XX.
JUNE 7, 2005 PAGE 5
Requested by: Planning Division
COUNCIL CONSIDERATION:
COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT:
Agenda # Study Session
Meeting Date: June 7, 2005
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Presentation of Youth Master Plan
Staff is seeking support from the Council to move forward with the Youth Master Plan per the
proposed schedule. Attached is the Power Point Presentation to be given at the Study Session and
a copy of the Search Institute's 40 Developmental Assets. Please bring your copy of the Youth
Master Plan, which was delivered to you on May 12, 2005 to the Study Session.
PREPARED BY: Alison Meyers
REVIEWED BY:
Bob Rose
Director of Community Services
James DeStefano
Deputy City Manager
Attachments: Youth Master Plan Power Point Presentation
City 4f Diamond Bar
and Bar is committed to
Veveloping healthy, happy, and civically engaged
outh through a comprehensive delivery system
of places, activities and services in order that
they may reach their full potential as adults"
A Cultural Shift
From:
• Problem -solving
approach
• Reactive action
• Program focus
•Disconnected,
fragmented agenda
• Competing
organizations with
conflicting messages
• Changing priorities
To:
• Positive, strength -
based approach
• Pro -active, intentional
action
• Relationship focus
• Shared vision and
integrated strategies
• Strategic partnerships
with consistent
messages
1 nnn-tarry
City of Diamond Bar
Key Strategy I - Leadership
1. City, PUSD and WVUSD adopt the
Youth Master Plan
2. Determine Collaborative Model
Suggested Models
Search Institute's
Healthy Kids -Healthy Community
The Community Tool Box
Channing Bete's
Communities that Care
City of Diamond Bar
Establish Collaborative
• Collaborative Meeting
• Determine Youth Development
Model
• Include Developmental Assets
• Share Information and
Resources
• Establish a Youth operated
Leadership Group
• Determine Future
Programming
rMM
of Ziamond Mk ' Bar"a
Key Strategy II - Engaging Community,
Expanding Capacity and Resources
• Increased Awareness
- Learning and Engagement
• A Connected Delivery System
- Web Portal and Service Inventory
• Sustaining and Utilizing Shared
Resources
- Existing Facilities and Programs
• Experience
• Time
• Volunteers
Strategy Area III — Accessibility and
Social Inclusion
Eliminate Barriers
- Financial
- Cultural
- Geographic Location
• Increase access for youth and
their families to services and
facilities
- Service Inventory
- Transportation
Strategy Area IV - Learning and Growing
• Ensure youth are Healthy, Happy, Productive
and INVOLVED
• Programs based on Youth Development Model
• Interface child care providers
• Outcome based programming
• Programs, services and facilities
z
Diamond Bar
Roll
What Comes Next?
Future Dates to Consider:
Diamond Bar City Council Meeting
Pomona Unified School District
Walnut Valley Unified School District
Establish Collaborative
Establish Youth Leadership Team
June 21
June 28
July 20
by Sept. 2005
by Jan. 2006
Agenda No. 6.1.1
CITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION
MAY 17, 2005
STUDY SESSION: Mayor Chang called the Study Session to order at
3:00 p.m. in Room CC -7 of the South Coast Air Quality Management
District/Government Center, 21865 Copley Dr., Diamond Bar, CA.
Present: Council Members Herrera. Zirbes, Mayor Pro Tem
O'Connor and Mayor Chang.
Also Present: Linda Lowry, City Manager; David Doyle, Assistant
City Manager; James DeStefano, Assistant City Manager; David Liu, Director of Public
Works; Ken DesForges, Information Systems Director; Linda Magnuson, Finance
Director; Nancy Fong, Planning Manager; Ryan McLean, Senior Management Analyst;
Susan Full, Sr. Sr. Accountant.
Fiscal Year 2005/06 Budget
City Council Goals and Objectives
Public Comments on Study Session Items
GOALS AND OBJECTIVES:
Economic Development:
ACM/Doyle stated that ACM/DeStefano recommended merging goal #1 with #8 and
include the first two items under one heading. Council concurred.
"Hire an economic development consultant" was completed and with Council
concurrence the item was deleted.
ACM/Doyle said that ACM/DeStefano recommended separating "Develop Dynamic
Center and/Evaluate Site D" leaving "evaluate Site D" as a goals and objectives item;
talk about developing a Dynamic Center and not limit the possibility to Site D but
consider sites such as the golf course and the Kmart property.
CM/Lowry suggested the following wording for Site D: "Secure at least 50 percent
commercial use for Site D." Council concurred to separate the items and seek a
minimum of 50 percent commercial use for Site D.
ACM/DeStefano recommended changing the title of "Push for Conversion of Kmart to a
new Sears Essential Store" to read "Revitalize the Kmart property to ensure sales tax
production to the highest extent possible (or a specific dollar amount). ACM/DeStefano
said that staff had worked with the property owner for the past year on a revitalization
plan for the entire property and where possible, for adjacent properties. The Kmart site
is essentially a redevelopment project and the Kmart Center property owner is very,
very eager to do something else with the property. The difficulty is that Kmart has a
MAY 17, 2005 PAGE 2 CC STUDY SESSION
sweetheart lease that remains in effect for another 30 years and Kmart controls
development of the site. ACM/DeStefano said he would know more after the conference
but that it was likely that actual redevelopment details would not be available for several
months. He also stated that it was unlikely the City would be successful in creating a
redevelopment project area. However, the City could use its powers to create new
entities such as a housing authority, parking authority, or create new power in order to
accomplish certain goals for the site.
CM/Lowry suggested that the goal would be to "include the possibility of a Sears
Essential or other retail use to secure $300,000 sales tax annually for the Kmart
property." Council concurred.
ACM/Doyle said that staff discussed combining the business strategy items into one
"develop a Shop Diamond Bar Program and Business to Business Shopping Program."
ACM/DeStefano said that staff would also be working with a business development
program through entities like Mt. SAC.
C/Zirbes felt that the survey could indicate what types of parcels were available and
what types of services, retailers and businesses would most likely locate in D.B.
ACM/DeStefano explained that tonight's agenda included a contract item to engage an
architect to look at the golf course property. Kosmont was engaged to conduct a market
study for the 10 -mile circle that includes the golf course property. The market study
looks at whether there is room for automobiles in the City and at that general location
whether there is room for big box retailers, restaurants, etc. ACM/DeStefano responded
to CM/Lowry that the market study would not incorporate input from residents.
CM/Lowry suggested that the issue of the gap in retail shopping could be addressed in
a larger survey such as the citizen satisfaction Survey. Council concurred to combine
the plan with the three -phased approach.
ACM/Doyle asked if Council wanted "Establish a Supermarket in South Diamond Bar"
on the list.
ACM/DeStefano updated the Council on the potential supermarket project at Country
Hills Towne Centre. The three competing grocers are Asian market operators.
C/Herrera asked if the rumor that the center was being sold was true?
ACM/DeStefano said he had not heard that it was sold but would look into the matter.
C/Zirbes recommended adding "...work with the property owner" to help him turn the
center into a higher revenue producer.
Council concurred to add "revitalize the Country Hills Towne Centre."
MAY 17, 2005 PAGE 3 CC STUDY SESSION
Transportation Issues:
ACM/Doyle stated that Council's #1 project was the "City -run" and not the "County
operated" computer signal entrance systems. Staff has met with the County and the
cable company on several occasions and talked with signal providers relative to
wireless technology. Another project staff discussed this morning was the SR57/60
interchange for the Tonner Canyon Bypass Road. Staff wondered if Council wanted to
merge the two items. Council concurred to keep the items separate and to leave #2 as
written and Item 3 would remain on the list. If SCAG changes its recommendation or if
another truck study were done and truck lanes were developed in concert with a more
permanent fix to the SR57/60 would the Council be supportive?
C/Herrera pointed out that the City has the benefit of San Gabriel Valley COG being
opposed to the SR60 freeway being turned into a trucks only freeway. She felt that the
item should remain as stated. Council concurred.
Item #4 remains as written.
ACM/Doyle — Item #5: "Create a strategy to build a library if State grant funding fails"
remains on the list.
Item #6 — "Review purchase of Lots 1 and 61" — keep on the list.
With respect to Tonner Canyon, ACM/DeStefano suggested removing the Tonner
Canyon Water Use because it was part of monitoring the canyon.
ACM/Doyle addressed the goal to: "Pursue and promote joint development use of
facilities parks and open space with PUSD and WVUSD". Also included was "obtain
Larkstone Park agreements and implement project for the park to be used as a natural
laboratory." Staff is recommending to separate out those projects and complete the
"pursue and promote joint use development" as one project and "obtain Larkstone Park
agreements" as a separate goal. Council concurred.
ACM/Doyle reported that staff recommended combining the three items: "Establish the
contiguous neighborhood within the City zip code and Walnut Valley School District in
two housing tracks and two office buildings," create annexation agreement with the
Shell Oil property" and "expand the sphere of influence to incorporate the properties
both west and southwest of the City." Council concurred.
"Establish a Fund for Current Library Enhancements" — this item is not currently in either
the operating budget or the decision package.
"Trails Master Plan" — no changes. CSD/Rose reported that the Conservancy awarded
D.B. another $140,000 for construction of the access point from the D.B. Center down to
the Summitridge mini -park and the access intersection of Steep Canyon and Clear
Creek Canyon.
With regard to the goal of "Preserve Windmill located at the Ralphs Shopping Center by
dedicating it as an Historical Landmark", C/Zirbes said he felt the City should dedicate
MAY 17, 2005 PAGE 4 CC STUDY SESSION
the area as an historical landmark because it would be lost if the private property owner
decided to tear it down.
ACM/DeStefano said that if Council wanted to own the windmill Council's direction
would be for staff to acquire the windmill. Council concurred to gain control of the
windmill and if the owner wants it relocated Council will discuss potential options when
appropriate.
It was agreed to keep "City Council and Staff Visioning" and "Establish semi-annual
town forum for citizens to discuss issues of concern" on the goal list.
Regarding the "Pathfinder wall" goal, C/Zirbes felt that Pathfinder Road was a major
access road to D.B. and both walls should be constructed.
M/Chang agreed if money was available for the south wall.
"Public Works yard for equipment storage" was kept on the list
The "Review Sign Ordinance for uniformity" was discussed. Council concurred that this
item meant that Code Enforcement should work with property owners as well as pursue
a development code change to ensure uniform signage within each shopping center.
M/Chang agreed that existing signs should be "grand -fathered" and when new signs are
installed they should conform uniformly throughout the center. In addition, he would like
to have uniformity within new centers.
CSD/Rose updated Council on the progress of the Youth Master Plan goal.
"Enhance the scope of DBTV" was left on the list.
"Review Parking Ordinances" in regard to oversized vehicles will remain on the list.
"Cost effective medical coverage" — staff worked on this item this year and plans to bring
the matter to Council in the near future.
MPT/O'Connor felt the City should pool its resources with other cities through the JPIA.
CM/Lowry said it was done years ago and abandoned because it was not cost-effective.
"Development of DBTV internship program" — M/Chang wanted this item incorporated
with "Enhance the scope of DBTV."
The goal of "Develop a conceptual outline and cost benefit analysis for the delivery of
wireless Internet services to the community" was addressed by ACM/Doyle.
He said that a number of communities are creating their own Internet access and
providing access to residents at a discounted rate versus the rate for cable modems and
MAY 17, 2005 PAGE 5 CC STUDY SESSION
with minimal up -front costs and a discounted rate of about 50 percent the City could
generate significant revenue. Council wanted staff to pursue all possible options.
GENERAL OPERATING BUDGET DISCUSSION:
FM/Magnuson explained the projected FY 2005/06 income.
C/Herrera asked for a breakdown of the $248,000 expenditure in Economic
Development with $58,000 going to Kosmont.
ESTIMATED EXPENDITURES DISCUSSION:
In the Council Department budget CM/Lowry explained that the Personnel Services total
for FY 2004-05 shown as $64,000 was incorrect and was more likely in the area of
$104,000.
HUMAN RESOURCES:
Add $1,000 to Admin Charges related to benefits under Personnel for PERS (Pg 30).
SMA/Crews explained that the difference in the proposed budget is that Human
Resources would be taken out of Finance and put back into the City Manager's office.
As a result, there is an overall HR budget decrease of $35,000.
INFORMATION SYSTEMS:
ISD/Desforges pointed out that the budget increase for personnel was somewhat
proportionately offset by a decrease in professional services costs. The increase in
Computer Maintenance (42205) from $21,000 to $97,310 was because the City was
attempting to centralize all IS expenses whereas in previous years there were individual
contracts within the departmental budgets. He explained how his department would
assume control of expenditures by bring training, etc. in-house.
Responding to MPT/O'Connor, ISD/Desforges explained that the $55,000 for
Professional Services (Page 35) included $25,000 (1/8t" of a full time employee under
contract). He said he recommended the Bi -Annual IS Audit to management so that
management could make certain his department was performing as required, to make
certain the City had the right documentation in place, make certain security was
adequate, etc. With respect to the HP Replacement Servers under Computer
Equipment Hardware item (Page 35) there were old Dell servers that needed to be
replaced. The Council Chamber Laptop (1) is the laptop used for presentations in the
Council Chamber and since it has not yet failed it could be transferred for use at the
Diamond Bar Center.
ACM/Doyle stated that he felt the IS Budget Discussion package was an excellent
example of combining the City's IS functions under one umbrella. This document
MAY 17, 2005 PAGE 6 CC STUDY SESSION
contains real costs of doing business in the electronic age. What prior budgets did not
show was that much of these costs were in different departments and locations within
the budget document.
ISD/Desforges stated that the average IS budget is approximately 3% of a city
government's General Fund. D.B. is close to the 3% with the inclusion of additional
capital items that would not normally occur in other years. As a rule, D.B.'s IS budget
should be in the 2.5 to 3% range.
GENERAL GOVERNMENT:
ACM/Doyle explained the General Government budget discussion. He said that with the
exception of the Diamond Bar Center principle and interest bond payments, most of the
other budget items were in line with past years.
C/Herrera pointed out that the League of California Cities item under Membership &
Dues on Page 41 should decrease.
MPT/O'Connor said that National League of Cities should be included under
Membership & Dues.
ACM/Doyle stated that the Law Enforcement budget was adjusted for additional contract
services rate increases but that there had been no adjustment based on the County
auditor's report since the Board of Supervisors had not acted on the report yet. No
position changes were recommended.
C/Herrera wondered why there was not a Sheriff's representative available for today's
budget discussion.
CM/Lowry responded that the Sheriff's Department was aware of today's budget
meeting and would be extended a personal invitation for the next budget discussion.
DEVELOPMENT SERVICES:
1) Planning — PM/Fong stated that with the exception of potential General Plan
Amendments due to possible annexation, the Planning Budget remained status quo.
ACM/DeStefano responded to C/Herrera that the cost for an overall General Plan
update was at least $200,000.
C/Herrera said there were several developments and potential annexations that would
require General Plan amendments and asked whether the amendments could be done
at one time to minimize expenses.
ACM/DeStefano responded probably not because the City would most likely absorb the
cost of expanding its sphere of influence and would probably initiate other General Plan
amendments as projects came forward for approval during the next couple of years.
ACM/DeStefano explained that the other budget change was the increase in personnel
MAY 17, 2005 PAGE 7 CC STUDY SESSION
cost for PM/Fong for an entire year.
ACM/DeStefano reported that the biggest issue for Building and Safety was
management's desire to bring Building and Safety services in-house January 1, 2006.
The City's desire was to retain D&J's services in a more limited role for plan checking,
inspections, and so forth on an as -needed basis. Dennis Tarango's contract is a 60/40
split and fundamentally, the City believes that it can provide a higher level of service at
an equal or lower rate. For example, some contract services are on a part time basis
and for the same price or less the City would have a 2000 hour per year full time
building official who could perform plan checking services and some inspection services
thereby providing overall better internal and external servicing. Under this scenario there
would be initial startup costs and an overall savings through dissolution of the Building
and Safety contract based upon the types of contracts the City anticipates incorporating
over the next few years.
M/Chang asked ACM/DeStefano for a cost -benefit analysis.
C/Zirbes said he was concerned about piling additional costs on for full-time personnel
in the areas of benefits and retirement.
ACM/DeStefano responded that staff would compile the analysis.
ACM/DeStefano acknowledged MPT/O'Connor's concern that the massive amount of
graffiti on the SR57 Bridge was a blight on the City and was leading to more graffiti in
the area and said that staff would send a letter to Caltrans advising them of the City's
concern that the graffiti should be removed in a timely fashion.
ACM/DeStefano said that the economic development was fundamentally the same as
last year.
ACM/DeStefano responded to MPT/O'Connor that the City has interest from hotel
developers and is attempting to marry that interest with property owners, particularly the
Walnut Valley Trailer Park site and the D.B. Honda site. D.B. needs a market study to
determine whether or not there is a market for more hotel space and if so what type of
hotel space, etc.
COMMUNITY SERVICES:
CSD/Rose pointed out that that 8 Intermittent Part -Time (IPT) positions shown should
actually be 9 IPT positions but that the change would not impact the cost shown. There
is some increase in costs for the Diamond Bar Center. $30,000 each for Peterson and
Pantera Park was added into the Park Operations budget for turf projects.
CSD/Rose reported that the Recreation budget included a new full time Recreation
Specialist position with the implementation of the Youth Master Plan and said that the
position would be funded through the LA County State Parks Acts Funds. The track
meet was removed because there were more participants from outside the City than
from within the City.
MAY 17, 2005 PAGE 8 CC STUDY SESSION
MPT/O'Connor asked if the City could charge non-residents more for the track meet.
CSD/Rose responded that the charge would have to be significantly greater in order to
recover the costs.
CSD/Rose said that although the Bridal Fair was a successful event it was eliminated
because the demand for use of the Diamond Bar Center on those dates had increased
dramatically. Therefore, it seemed it would be an unnecessary expense to continue
marketing the event with that kind of event.
C/Herrera agreed that as the City increases its activities and services other activities
and services have to be set aside so as not to strap personnel and the budget.
CSD/Rose explained that the City did not have a revenue goal for the birthday party
because as the event grew the revenue was reinvested.
MPT/O'Connor felt there should be a true accounting of the costs and revenue.
CSD/Rose agreed and said he would include line items for actual cost and for revenues.
CSD/Rose responded to C/Herrera that the City has an on-going grant -writing program
with a contract grant writer and at some point the program may be done in-house. To
date the program has been very successful and continues to assist the City with many
of its programs.
PUBLIC WORKS:
PWD/Liu said that his department proposes to replace the part time intern position with
a Junior Engineer. Under Professional Services the budget anticipated some activity
because of the Caltrans project and the citywide signal timing plan this year. However,
he did not anticipate that level of activity for next year.
C/Herrera asked what Public Works spends money for on the ACE project.
PWD/Liu discussed Contract Services (45221 — Page 95) and stated that the budget
item was reduced from $80,000 to $25,000 due to project completion. Traffic
Engineering (45222) was reduced from the current year amount of $200,000 to $75,000
due to completion of the $150,000 traffic management program and $50,000 for the
SR57/60 study.
PWD/Liu indicated to MPT/O'Connor that he hoped to have the new signage for major
intersections completed this year.
PWD/Liu stated that personnel increased due to the addition of a new position and
contract services decreased for striping and signing.
TRANSFERS OUT:
MAY 17, 2005 PAGE 9 CC STUDY SESSION
FM/Magnuson explained the Transfers Out — Page 104.
MPT/O'Connor asked if Council would be discussing the neighborhood traffic
management mitigation meetings because she was concerned that the consultant might
be making recommendations that the residents did not want. Does the City intend to
base its mitigation on the few residents that showed up for the meetings?
PWD/Liu responded that that would not be staff's approach. Staff's goal is to reach out
and talk with all affected residents by possibly visiting them on Saturdays or notifying all
of the affected residents about proposed improvements. Unless there is support from
the residents along the affected streets there would not be a proposal for some of the
improvements. Regardless of the proposed improvement staff would seek approval from
the majority of the residents.
MPT/O'Connor asked if the City needed a written policy that spoke to a majority
approval prior to implementation.
PWD/Liu said that prior to implementing any mitigation measure, staff would present a
policy document to the Traffic and Transportation Commission and ultimately to the City
Council for approval.
CSD/Rose responded to MPT/O'Connor that the $35,000 for Trail Access — DBC/Clear
Creek @ Steep Hill (Page 104) was for design work.
CAPITAL IMPROVEMENT PROJECT LIST:
CM/Lowry explained that in a perfect world the slurry seal project would be funded by
gas tax dollars and not from the General Fund. When a city is hurting, $1 million of
General Fund money does not get spent on infrastructure. Because of the way the City
has managed its finances, it is able to continue making that kind of investment whereas
other cities are not.
PWD/Liu said that the City is able to use Prop C funds for most traffic management and
safety projects.
Discussion ensued regarding Miscellaneous Improvements Item entitled "Lorbeer
Restroom/Concession Building" which is part of the proposed improvements
accompanying the artificial turf proposal.
MPT/O'Connor said that DBHS would be pleased to accommodate the City.
C/Herrera said that as of Monday morning two school board members told her and
M/Chang that they would be agreeable to having all-weather turf at DBHS.
C/Zirbes felt it was a much better location than Lorbeer because Lorbeer was holding up
the City.
CSD/Rose said the City would not spend any of the allocation until a firm agreement
was in place.
MAY 17, 2005 PAGE 10 CC STUDY SESSION
CM/Lowry asked if Council wanted the item removed from the list.
Council concurred to leave the item in the budget and establish a joint use agreement
with Lorbeer or with DBHS or some other location as appropriate.
PWD/Liu explained that because the City was successful in obtaining the necessary
additional CDBG funds the DB Blvd -Sidewalk Installation from SR60 to Solitaire would
be done in one phase rather than two phases.
DECISION PACKAGE SUMMARY:
ACM/Doyle responded to C/Herrera that the offset amounts are currently included in the
City's operating budget as expenses.
ACM/Doyle indicated to MPT/O'Connor that the City would look for other possible
funding such as Homeland Security funds to purchase an emergency generator for the
DBC. The proposed generator would provide a full backup system for the entire center
in case of emergency.
ACM/Doyle stated that staff was preparing to renegotiate the cable television franchise
as a result of Time Warner purchasing Adelphia. In addition to the renegotiation, staff
recommends the City conduct an audit of Adelphia franchise fee payments because
once the franchise transfer takes effect, some financial data may be lost. Staff further
recommends that prior to the completion of the franchise negotiations, the cable
franchise Ordinance be rewritten. This item is to hire a consultant, Communication
Support Group, to perform this work.
PM/Fong addressed the request for a part time floating office assistant for 20 hours per
week to fill in for sick time and vacation time citywide.
PM/Fong talked about streetscapes and way -finding signs to improve the identity of D.B.
using streetscape such as "Welcome to D.B." banners for the medians and street
furniture and streetlights that identify D.B. as well as, monument signs for gateway
entry.
ACM/DeStefano said the devices would be used to identify key landmarks such as the
library, City Hall, etc. Also Included in the $80,000 was a streetscape plan for the Kmart
area.
SUMMARY AND FUTURE DIRECTION:
Council concurred to include a 4% COLA increase.
FM/Magnuson responded to M/Chang that the budget would need to be adopted by the
second meeting in June (June 21).
MPT/O'Connor asked staff to prioritize the decision packages. Council concurred.
MAY 17, 2005 PAGE 11 CC STUDY SESSION
Next Study Session:
1) Youth Master Plan and Budget Discussion.
2) Short City Council meeting — election night.
Public Comments on Study Session Items: None Offered.
ADJOURNMENT: With no further business to come before the City Council,
M/Chang adjourned the Study Session at 6:40 p.m.
Linda C. Lowry, City Clerk
The foregoing minutes are hereby approved this day of , 2005.
WEN CHANG, Mayor
Agenda No. 6.1.2
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
MAY 17, 2005
STUDY SESSION: Mayor Chang called the City Council Study Session to
order at 3:00 p.m. in Room CC -7 of the SCAQMD/Government Center Building, 21825
Copley Drive, Diamond Bar, CA 91765
Fiscal Year 2005/06 Budget
City Council Goals and Objectives
Public Comments on Study Session Items
M/Chang adjourned the Study Session to the Regular Meeting at 6:40 p.m.
CALL TO ORDER: Mayor Chang 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.
PLEDGE OF ALLEGIANCE: Boy Scout Troop 711 presented the Colors and led
the Pledge of Allegiance.
INVOCATION: Monsignor James Loughnane, St. Denis 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; David Doyle, Assistant City Manager; James DeStefano, Assistant City
Manager; David Liu, Director of Public Works; Ken DesForges, IS Director; Linda
Magnuson, Finance Director; Nancy Fong, Planning Manager; Ryan McLean, Senior
Management Analyst.
APPROVAL OF AGENDA: Approved as presented.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Mayor Chang presented a Proclamation to DPW/Liu proclaiming May 15-
21, 2005 as "Public Works Week."
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
CM/Lowry stated that it had come to her attention that a telephone survey was
taking place in D.B. and it included questions about the performance of the City,
the City Council, City staff, etc. She reported that this was not a City -sponsored
survey and the City had no information about the survey, its source and purpose.
She said she asked for information about the survey from the service provider MI
MAY 17, 2005 PAGE 2 CITY COUNCIL
via the Internet and to date had received no response. The public should be
aware that this
is not a City sponsored survey.
ACM/Doyle reported that during the special election to fill the vacancy on the City
Council and shortly after 8:00 p.m. when the polls close the City would have the
election results available as they came into the City and as they were tallied. The
results will be available on the City's Website, scrolling on DBTV Channel 3, and
by telephone at Info To Go — Message #1317.
2.1 Youth Master Plan Update.
CSD/Rose reported that the Parks & Recreation Commission concluded
an exhaustive and thorough review of the Draft Youth Master Plan. The
document was printed and distributed to the City Council as well as to the
two partners, the Walnut Valley Unified School District and the Pomona
Unified School District and their respective school board members for
possible adoption at the June meetings. Staff proposes to present and
discuss the Youth Master Plan with the City Council during the June 7
study session. Following the Plan's adoption by the school districts the
document will come back to the City Council for consideration and
adoption.
2.2 Presentation of Geographical Information System (GIS) and other Online
Applications by the Information Systems Division.
ISD/DesForges reported that the GIS Systems are currently supporting
Building and Safety and Permitting. He introduced IST/Aziz and thanked
him and ACT Consulting for their assistance during program setup. He
explained that two versions of the system are available, one for public use
and one for staffs' use. ISD/Deforges then went on to demonstrate the
system functions and applications using the overhead projection. He
further stated that the Online transit passes would be online by mid
summer and the new digital online Diamond Ride cards would be available
later this month.
In response to C/Herrera, ISD/DesForges explained that the plastic
Diamond Ride cards would be printed at City Hall upon verification that the
applicant qualified.
ACM/Doyle thanked ISD/DesForges and IST/Aziz. He said that neither
staff member had done GIS before coming to the City and felt they had
done an excellent job getting the system up and running.
3. PUBLIC COMMENTS: Irene Wang, D.B. Librarian announced that a
community forum would take place on June 9 beginning from 5:30 p.m. to 9:00
p.m. in the Community Room at the D.B. Library. Dinner and free babysitting
service would be provided for the attendees. All interested parties should visit the
MAY 17, 2005 PAGE 3 CITY COUNCIL
library to pick up a registration form.
M/Chang congratulated Irene Wang on her being named Librarian of the Year.
4. RESPONSE TO PUBLIC COMMENTS: None Offered.
5. SCHEDULE OF FUTURE EVENTS:
5.1 NEIGHBORHOOD TRAFFIC MANAGEMENT MEETING — May 23, 2005
— 7:00 p.m., Room CC2, AQMD/Government Center, 21865 Copley Dr.
(Neighborhood boundaries are Grand Ave. on the north, Brea Canyon
Rd./Golden Spgs. Dr. on the west, Pathfinder Rd. on the south, and
Diamond Bar Blvd. on the east).
5.2 PLANNING COMMISSION MEETING — May 24, 2005 — 7:00 p.m.,
Auditorium, AQMD/Government Center, 21865 Copley Dr.
5.3 PARKS AND RECREATION COMMISSION — May 26, 2005 — 7:00 p.m.,
Hearing Board Room, AQMD/Government Center, 21865 Copley Dr.
5.4 NEIGHBORHOOD TRAFFIC MANAGEMENT MEETING — June 2 , 2005
7:00 p.m., Room CC3, AQMD/Government Center, 21865 Copley Dr.
(Neighborhood boundaries are SR -60 on the north, Golden Spgs. Dr. on
the west, Grand Ave. on the south, and the City's easterly boundary).
5.5 PUBLIC SAFETY COMMITTEE MEETING — June 6, 2005 — 7:00 p.m.,
Diamond Bar/Walnut Sheriff Station, 21695 E. Valley Blvd., Walnut
5.6 NEIGHBORHOOD TRAFFIC MANAGEMENT MEETING — June 6, 2005 —
7:00 p.m., Room CC2, AQMD/Government Center, 21865 Copley Dr.
(Neighborhood boundaries are northerly boundary, westerly boundary,
Pathfinder Rd. on the south and Brea Canyon Rd. on the east).
5.7 SPECIAL ELECTION DAY — June 7, 2005 — Polls open from 7:00 a.m., -
8:00 p.m., (one seat open).
5.8 CITY COUNCIL MEETING — June 7, 2005 — 6:30 p.m., Auditorium,
AQMD/Government Center, 21865 Copley Dr.
6. CONSENT CALENDAR: C/Herrera moved, M/Chang seconded to approve the
Consent Calendar as presented with C/Zirbes abstaining on Item 6.10. 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
MAY 17, 2005 PAGE 4 CITY COUNCIL
6.1 CITY COUNCIL MINUTES
6.1.1 Study Session of May 3, 2005 —As Submitted.
6.1.2 Regular Meeting of May 3, 2005 — As Submitted.
6.2 RECEIVED AND FILED PLANNING COMMISSION MEETING MINUTES
— Regular Meeting of April 12, 2005.
6.3 RECEIVED AND FILED PARKS & RECREATION COMMISSION
MINUTES — Regular Meeting of March 24, 2005.
6.4 RATIFIED CHECK REGISTER DATED MAY 17, 2005 in the amount of
$351,379.03.
6.5 APPROVED AMENDMENT WITH WARREN C. SIECKE
TRANSPORTATION AND TRAFFIC ENGINEERING FOR
CONSTRUCTION INSPECTION SERVICES IN THE AMOUNT OF
$57,000 PLUS A CONTINGENCY AMOUNT OF $5,700 FOR CHANGE
ORDERS TO BE APPROVED BY THE CITY MANAGER, FOR A TOTAL
AUTHORIZATION OF $62,700 FOR CONSTRUCTION OF TRAFFIC
SIGNAL MODIFICATIONS (LEFT -TURN SIGNALS) ON DIAMOND BAR
BOULEVARD AT SUNSET CROSSING ROAD, NORTHBOUND SR57
ONRAMP AND COLD SPRINGS LANE; AND CONSTRUCTION OF NEW
TRAFFIC SIGNALS AT DIAMOND BAR BOULEVARD AND MAPLE HILL
ROAD AND PATHFINDER ROAD AND PEACEFUL HILLS ROAD
PROJECT.
6.6 ACCEPTED RESIGNATION OF PUBLIC SAFETY COMMITTEE
MEMBER ROBERT MARVIN.
6.7 APPROVED AMENDMENT TO GRAFFITI REMOVAL CONTRACT WITH
GRAFFITI CONTROL SYSTEMS IN THE AMOUNT OF $8,000.
6.8 ADOPTED RESOLUTION NO. 2005-24: ACCEPTING AN
IRREVOCABLE OFFER OF DEDICATION FOR ROAD PURPOSES
FROM HIDDEN MANA CORP. AND LEWIS-DIAMOND BAR, LLC, FOR
PROPERTY LOCATED AT THE SOUTHEAST CORNER OF THE
INTERSECTION OF GOLDEN SPRINGS DRIVE AND GRAND AVENUE.
6.9 APPROVED SECOND READING BY TITLE ONLY AND ADOPTED
ORDINANCE NO. 06(2005) ESTABLISHING BUSINESS REGISTRATION
AND AMENDING THE DIAMOND BAR MUNICIPAL CODE.
6.10 APPROVED VALLEY VISTA SERVICES' RATE ADJUSTMENTS FOR
CPI AND DISPOSAL COSTS.
6.11 APPROVED WASTE MANAGEMENT'S RATE ADJUSTEMENTS FOR
CPI AND DISPOSAL COSTS.
MAY 17, 2005 PAGE 5 CITY COUNCIL
6.12 AWARDED PROFESSIONAL SERVICES CONTRACT TO CHARLES
GROUP INTERNATIONAL IN THE AMOUNT OF $29,500 FOR LAND
PLANNING AND ARCHITECTURAL SERVICES RELATED TO THE
GOLF COURSE GATEWAY DEVELOPMENT STUDY.
6.13 APPROVED PAYMENT OF ADDITIONAL FUNDS (4,000) FOR THE
NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES)
PERMIT LITIGATION.
6.14 ADOPTED RESOLUTION NO. 2005-25: REQUESTING $69,047 OF LOS
ANGELES COUNTY AID TO CITIES FUNDS FOR THE GRAND
AVENUE PROJECT PHASE I.
7. PUBLIC HEARINGS: None
8. COUNCIL CONSIDERATION: None
9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
C/Herrera was pleased to announce that thanks to D.B. staff and its use of
contractors the City is in a good fiscal condition while many neighboring cities are
facing budget deficits between $3 and 6 million. She thanked staff for their good
leadership and wise decisions on behalf of the City and its residents.
C/Zirbes agreed with C/Herrera and reminded residents that the City should
continue its pursuit of economic development, continue to manage its finances
prudently, not overspend and continue to carefully plan for the future. He thanked
Bob Marvin for his years of service to the City. Assemblyman Huff recently
moved his district office to D.B. and continues to work for the good of the City
and its opportunities. He cautioned motorists to wear their seat belts and avoid a
possible fine of $86 under the new "Click it or Ticket" law. He thanked residents
for their calls and hoped to continue resolving their concerns in a timely manner.
Every Council Member is ready, willing and able to assist residents. He thanked
those residents who attended tonight's meeting.
MPT/O'Connor said that after much consideration D.B. continues to operate
within its balanced budget. She attended the Chamber of Commerce installation
for incoming President Delilah Knox. The Chamber is very active and pro-
business. The Farmer's Market moved from the Calvary Chapel property to the
Southlands Church on Brea Canyon Cutoff at Colima. She asked M/Chang to
establish a task force for the Industry project and to schedule a town forum to
advise the neighborhoods about the portion of the project that would affect the
D.B. Honda hillside location. She encouraged everyone to vote in the upcoming
special City Council election either in person or by absentee ballot.
M/Chang echoed his colleagues' sentiments that the City has a wonderful staff
that has proceeded to manage the City on a fiscally conservative basis. In spite
MAY 17, 2005 PAGE 6 CITY COUNCIL
of D.B. losing money to the State and losing tax revenue from businesses moving
out of town the City remains in good shape with a marginal deficit. After City
Council review staff was charged with taking a second look at ways to balance
the budget. M/Chang commended Aziz Amid for his service to the City of D.B. as
former President of the Chamber of Commerce. He welcomed incoming
President Delilah
Knox and said he looked forward to her leadership in the coming months. He
reminded residents about the Chamber's excellent event and thanked the
volunteers at Diamond Bar High who helped with Casino Night and raised a lot of
money for the schools. M/Chang said he was honored that with the community's
support he received the "Community Leader of the Year" award from the San
Gabriel Valley Economic Partnership. He and C/Herrera attended a Walnut
Valley School District meeting and spoke with Board Members about what could
be done as a joint effort to improve Site D, develop Sandstone Canyon Park and
acquire additional land for open space. M/Chang asked staff to agendize
formation of a subcommittee/task force for the City of Industry project. He too
encouraged every resident to vote in the upcoming special City Council election.
He commented on misleading statements that appeared in a recent newspaper
article. Contrary to what was reported he donated only $1,000 to candidate
Tanaka. Mr. Tanaka raised $32,000 on his own. Secondly, the article referred to
a candidate as being Mr. Chang's "puppet." He took exception to the statement
and said that he had always served in the best interest of the community and that
his integrity was intact.
10. ADJOURNMENT: With no further business to conduct, M/Chang adjourned the
meeting at 7:50 p.m.
LINDA C. LOWRY, CITY CLERK
The foregoing minutes are hereby approved this day of ,
2005.
WEN CHANG, MAYOR
Agenda No. 6.2.1
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
APRIL 26, 2005
CALL TO ORDER:
Chairman McManus called the meeting to order at 7:08 p.m. in the South Coast Air
Quality Management District/Government Center Auditorium, 21865 Copley Drive,
Diamond Bar, California 91765.
PLEDGE OF ALLEGIANCE: Commissioner Tanaka led the Pledge of Allegiance.
1. ROLL CALL:
Present: Chairman Joe McManus, Vice Chairperson Ruth Low, and
Commissioners Dan Nolan, Jack Tanaka and Steve Tye.
Also present: James DeStefano, Assistant City Manager, Nancy Fong,
Planning Manager, Ann Lungu, Associate Planner, Linda Smith, Development
Services Assistant, Kimberly Molina, Assistant Engineer and Stella Marquez,
Senior Administrative Assistant.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None
Offered.
3. APPROVAL OF AGENDA: As Presented.
4. CONSENT CALENDAR:
4.1 Minutes of the Regular Meeting of April 12, 2005.
VC/Low asked that paragraph 2 on page 5 reflect Mr. Volbeda's
agreement to relocate the tree and if that did not work that he would
replace the tree at a 3:1 ratio.
C/Nolan moved, C/Tanaka seconded to approve the minutes of the
Regular Meeting of April 12, 2005, as amended. Motion carried by the
following Roll Call vote:
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
Nolan, Tanaka, Tye, VC/Low,
Chair/McManus
None
None
APRIL 26, 2005 Page 2 PLANNING COMMISSION
10. OLD BUSINESS: None
11. NEW BUSINESS: None
12. PUBLIC HEARING(S):
7.1 Development Review No. 2005-10 and Minor Conditional Use Permit
No. 2005-08 — In accordance with Diamond Bar Municipal Code
Sections 22.48, 22.56 and 22.68, this was a request to remodel and
construct an approximate 1460 square foot two-story addition and 208
square foot balcony/patio cover at the rear of the existing 1,338 livable
square foot, two story, legal nonconforming single family residence with a
two car garage. A Minor Conditional Use Permit approval was requested
to allow the continuation of legal nonconforming front yard setback
distances.
PROJECT ADDRESS: 1712 Fern Hollow Drive (Lot 206, Tract 28579)
Diamond Bar, CA 91765
PROPERTY OWNER: Linda Chuan
1712 Fern Hollow Drive
Diamond Bar, CA 91765
APPLICANT: Thomas Chuan
2233 Alexdale Lane
Rowland Heights, CA 91748
DSA/Smith presented staff's report and recommended Planning
Commission approval of Development Review No. 2005-10 and Minor
Conditional Use Permit No. 2005-08, Findings of Fact, and conditions of
approval as listed within the resolution.
Thomas Chuan, applicant, said he read staff's report and concurred with
the conditions of approval.
Chair/McManus opened the public hearing.
With no one present who wished to speak on this item, Chair/McManus
closed the public hearing.
C/Tye moved, VC/Low seconded, to approve Development Review
No. 2005-10 and Minor Conditional Use Permit No. 2005-08, Findings of
APRIL 26, 2005 Page 3 PLANNING COMMISSION
Fact, and conditions of approval as listed within the resolution. Motion
carried by the following Roll Call vote:
APRIL 26, 2005 Page 4 PLANNING COMMISSION
AYES: COMMISSIONERS: Tye, VC/Low, Nolan, Tanaka,
Chair/McManus
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
7.2 Development Review No. 2005-11 and Minor Conditional Use Permit
No. 2005-04 — In accordance with Diamond Bar Development Code
Sections 22.48.020(a), 22.30.080(5) and 22.58.010, this was a request to
construct a two story, single family residence of approximately 10,629
gross square feet including balconies, covered patio, porch, and attached
four car garage. The Minor Conditional Use Permit was for a driveway
wider than the maximum 14 feet allowed at the street property line.
PROJECT ADDRESS: 3139 Windmill Drive (Lot 9, Tract 50314)
Diamond Bar, CA 91765
PROPERTY OWNER/ Windmill Estates, LLC
APPLICANT: 3480 Torrance Boulevard, Suite 300
Torrance, CA 90503
AssocP/Lungu presented staff's report and recommended Planning
Commission approval of Development Review No. 2005-11 and Minor
Conditional Use Permit No. 2005-04, Findings of Fact, and conditions of
approval as listed within the resolution.
Kurt Nelson, applicant, thanked staff for the thorough and complimentary
report.
Chair/McManus opened the public hearing.
With no one present who wished to speak on this item, Chair/McManus
closed the public hearing.
C/Tanaka moved, C/Nolan seconded, to approve Development Review
No. 2005-11 and Minor Conditional Use Permit No. 2005-04, Findings of
Fact, and conditions of approval as listed within the resolution. Motion
carried by the following Roll Call vote:
APRIL 26, 2005 Page 5 PLANNING COMMISSION
AYES: COMMISSIONERS: Tanaka, Nolan, Tye, VC/Low,
Chair/McManus
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
7.3 Conditional Use Permit No. 2005-03 and Development Review
No. 2005-16 was a request to construct a Target Store approximately
130,000 square feet on 10.63 acres of land in the Diamond Bar Village
Specific Plan area located at the southeast corner of Grand Avenue and
Golden Springs Road.
PROJECT ADDRESS: Southeast corner of Grand Avenue and Golden
Springs Road (APN 8293-045-006 through
009)
PROPERTY OWNER: Hidden Manna Corporation
22324 Golden Springs Drive
Diamond Bar, CA 91765
APPLICANT: Kareem Ali
Target Corporation
1000 Nicolett Mall, TPN -12F
Minneapolis, Minnesota 55403
and
Greenberg Farrow
15101 Red Hill Avenue, Suite 200
Tustin, CA 92780
ACM/DeStefano and PM/Fong presented staff's report and recommended
Planning Commission approval of Conditional Use Permit No. 2005-03
and Development Review No. 2005-16, Findings of Fact, and conditions of
approval as listed within the resolution as amended.
At the request of C/Nolan, PM/Fong pointed out on the overhead the
portions of the Target front fagade that replicated the architectural features
of the Diamond Bar Center.
PM/Fong responded to VC/Low, for example, rich hardscape refers to
interlocking concrete pavers and integral color concrete with texture
pavement that could be scored in a diamond pattern. The public sidewalk
turns into a pedestrian walkway that travels through the mall area. Along
the pedestrian walkway there will be light fixtures, plantings, trash
receptacles and other site furniture.
APRIL 26, 2005 Page 6 PLANNING COMMISSION
VC/Low was concerned about sufficient parking for the church and
adjacent businesses during Sunday morning church services. PM/Fong
explained that parking requirements for each site were independent of one
another. There are 865 parking spaces for Calvary Chapel only and 615
parking spaces for Target and the two pads, both within the required
number.
ACM/DeStefano responded to VC/Low that the contract for street
improvements was about $2.2 million. The developer's contribution was
about $1.3 million some of which was for direct improvements such as the
Grand Avenue and Golden Springs widening and signals. Some of the
$1.3 million was for downstream improvements such as improvements
that might be needed at Brea Canyon Road at Golden Springs, for
example. The retail developer's portion of the $1.3 million was about $400-
500,000.
C/Tanaka asked if the height of the retaining wall near the store tower
would be 40 feet. PM/Fong pointed out on the overhead the location of the
retaining wall at its highest anticipated point and indicated that it graduated
to about 4 feet at Grand Avenue. In addition, there should be sufficient
landscaping to obscure the high retaining wall.
C/Tye asked PM/Fong about parking options such as multi-level parking
and cutting into the hillside to create additional space and whether this
was applicable only to the Calvary Chapel project. PM/Fong said that the
Master Plan showed both the Target and Calvary Chapel future project
and included an indication of additional parking. During a recent meeting
with Calvary Chapel the pastor hinted that they would not be cutting into
the slope. However, the Church could increase the capacity with the
parking deck.
In response to Chair/McManus, PM/Fong detailed the pedestrian
circulation pattern within the center using the overhead project drawings.
She confirmed that there was no pedestrian walkway between the two
stores facing Golden Springs Drive. The main entrance that serves Target
also serves the condominiums.
VC/Low asked if it was possible to move the kiosk allowing for a separate
entrance from the pedestrian walkway. PM/Fong suggested that VC/Low
direct her question to the Target representatives.
C/Nolan asked if staff had a projection of sales tax revenue.
APRIL 26, 2005 Page 7 PLANNING COMMISSION
ACM/DeStefano responded that retail sales revenues from Target were
projected to be in the range of $300,000 to $800,000 to the local city. Due
to demographics, staff believes this would be an above average producing
store. Staff's original target projection for this location was $500,000 per
year. The only ongoing expense perceived as related to this project and
borne by the City would be for emergency services. In theory the
employees of the facility would utilize local educational facilities and also
in theory larger employers participate in local pay as you go recreation
programs.
Kareem Ali, Target Corporation, thanked staff for the excellent
presentation and stated that Target was extremely enthusiastic about
locating in Diamond Bar and was very proud of the project that Target and
staff put before the Commission this evening. Target is well known for
branding its products and now attempts to brand the exterior and site to
provide extra landscape and architectural enhancements to create a
special shopping experience for the store's guests. In response to
VC/Low, Mr. Ali stated that Target typically provides Starbuck's inside the
store and in this case the store plans are designed from the inside out.
Target created an area for Starbuck's next to the entryway glazing so that
guests of Starbuck's could view the interior and exterior activity. It would
not be possible to move Starbuck's to the other side because that is the
location of the stockroom. The raceway inside the store allows guests to
circulate in a pattern typical to Target.
C/Tye asked how successful Target was in a standalone unit. Mr. Ali
responded that in his opinion, Target was a destination use. Tenants and
other uses want to be adjacent to Target because Target is the major draw
and the adjacent businesses benefit. Target would not be so excited about
Diamond Bar if it believed the store would not do well and Target expects
to do a good sales volume.
C/Nolan asked if there had been consideration of a "Super" Target at the
Diamond Bar site. Mr. Ali said that currently there are no super stores in
California. Typically, a "Super" Target is about 165,000 square feet and
this site presents geographic restraints that allowed Target to barely
squeeze in the 128,000 square foot store.
VC/Low said that the Planning Commission was moving forward to bring
art to the City and that many commercial developments in other cities
were decorated with nice pieces of sculpture or structural art pieces. She
wondered if Target would consider participating in this program in
Diamond Bar. Mr. Ali said he would look into the possibility and stated that
APRIL 26, 2005 Page 8 PLANNING COMMISSION
the Target CEO was very much into the arts. Mr. Ali said he was
concerned about
available space near the store but reiterated that he would look into the
possibility. Mr. Ali also stated that Target is very philanthropic and donates
about $2 million a week to non-profit organizations across the country.
Chair/McManus opened the public hearing.
John O'Brien, Brookfield Homes, said that Brookfield was excited about
Target coming to Diamond Bar as well as other improvements that would
take place below the development.
Darrin McCleve, Vice President, New Community and Retail Development
for Lewis Operating Corp. thanked staff and the Planning Commissioners
for their efforts on this project and he thanked the City of Diamond Bar and
those who have supported the development. He said he hoped to come
before the Planning Commission within a month to formalize the
residential project.
Chair/McManus closed the public hearing.
C/Tye said it was exciting to have representatives from Target, Lewis and
Brookfield Homes appear before the Commission and say they were
excited about doing business in Diamond Bar. This opportunity presented
a significant change for Diamond Bar and it was exciting to have a national
retailer find an opportunity in Diamond Bar's demographics in spite of
being in close proximity to other Target stores.
Chair/McManus echoed C/Tye's sentiments.
C/Tye moved, C/Tanaka seconded, to approve Conditional Use Permit
No. 2005-03 and Development Review No. 2005-16, Findings of Fact, and
conditions of approval as listed within the draft resolution as modified.
Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
Tye, Tanaka, Nolan, VC/Low,
Chair/McManus
None
None
13. PLANNING COMMISSION COMMENTS AND INFORMATION ITEMS:
C/Tanaka congratulated the City on its excellent Sweet 16'" Birthday celebration.
APRIL 26, 2005 Page 9 PLANNING COMMISSION
C/Tye asked why the total Building and Safety valuation for the month was
significantly below the 2004 figure and why the fiscal year valuation was down
from $23 million to $21.5 million. ACM/DeStefano responded "the rain."
C/Nolan thanked staff for the well-prepared Target presentation. It was easy to
get through and made very good sense to him. He also appreciated the
opportunity to attend the Planners Institute Seminar and especially the sign
ordinance presentation that validated everything that CA/Jenkins had told the
City for a number of years.
VC/Low thanked staff for making it possible to attend the Planners Institute
Conference. She liked the format with the longer sessions and felt that the topics
were very timely. She sensed in speaking with the other Commissioners that
there was an excitement on the Commission about moving forward with a fresh
look at the City and she felt certain that a part of the energy was coming from the
Target development. She suggested a forum with the Council and other
Commissions to talk about a direction and vision for Diamond Bar.
Chair/McManus said that he had been in the community for several years and it
was a good feeling to see the City begin to click and attract a Target and other
projects that would benefit the community. He congratulated and thanked staff for
their efforts. Chair/McManus echoed VC/Low's sentiments that having learned a
number of things at the Planners Institute Conference the Commission had
certain matters that they would like to discuss and as a result PM/Fong was
making a presentation on Form Based Development Codes.
8.1 Form Based Development Code.
PM/Fong reported that staff had not yet had an opportunity to research
this topic. However, based on information received from the
Commissioners staff would commence to look into a form based code and
report back to the Commission.
Chair/McManus said he had several questions about the form based code.
One question was about the form of ownership because if there was
mixed-use there would be common area maintenance, therefore, who
would be responsible. He felt that form based code was an excellent way
to control the development of a city and make it a more pedestrian -friendly
community. In the event of adoption it would most likely necessitate some
rewrite of the General Plan. He pointed out his understanding that Azusa
was a full-blown form based code City. PM/Fong said staff would contact
Azusa and get a copy of its draft development code. C/Tye said that the
APRIL 26, 2005 Page 10 PLANNING COMMISSION
development code was available online at www.formbasecodes.org
Chair/McManus reminded the Commissioners that the Friends of the
Library would hold its Wine Soiree on Sunday, May 1.
APRIL 26, 2005 Page 11 PLANNING COMMISSION
14. STAFF COMMENTS AND INFORMATIONAL ITEMS:
ACM/DeStefano thanked the Commissioners for their work in implementing the
Economic Development goals of the City. City Council established the goals
about two years ago and the primary focus was on the few remaining large
vacant sites in the City. The Target project was now on its way toward
construction by the end of this summer with a targeted opening date of July 2006
and when opened it would be the major new project in this portion of the San
Gabriel Valley and would serve as a magnet for residents who drive five and 10
miles in other directions to visit Target. Target will also present a new gateway
into the City. Target took great steps to work with staff to create a unique setting
for the City and staff appreciates their consideration. Target will be a catalyst for
other developments in the City because as Mr. Ali indicated, everyone wants to
be near a target. In addition, this project should assist staff with other projects in
Diamond Bar. The next focus is getting a good quality restaurant at the corner of
Grand and Golden Springs. This project will also pressure Kmart to move forward
with redevelopment of its store. Kmart is a lessee and the property owner has
been anxious to do something with the site. The Target project is a major step
toward achieving the City's major economic development goals and providing a
sustainable income to the City as well as providing the impetus toward
completing other goals in the community.
11. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
ADJOURNMENT: With no further business before the Planning Commission,
Chair/Nolan adjourned the meeting at 8:15 p.m.
Respectfully Submitted,
James DeStefano
Assistant City Manager
Attest:
Joe McManus, Chairman
Agenda No. 6.2.2
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
MAY 10, 2005
CALL TO ORDER:
Chairman McManus called the meeting to order at 7:07 p.m. in the South Coast Air
Quality Management District/Government Center Auditorium, 21865 Copley Drive,
Diamond Bar, California 91765.
PLEDGE OF ALLEGIANCE: Commissioner Nolan led the Pledge of Allegiance.
1. ROLL CALL:
Present: Chairman Joe McManus, Vice Chairperson Ruth Low,
and Commissioners Dan Nolan, Jack Tanaka and Steve Tye.
Also present: James DeStefano, Assistant City Manager, Nancy
Fong, Planning Manager, Ann Lungu, Associate Planner, Linda Smith,
Development Services Assistant and Stella Marquez, Senior Administrative
Assistant.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None
Offered.
3. APPROVAL OF AGENDA: As Presented.
4. CONSENT CALENDAR:
4.1 Minutes of the Regular Meeting of April 26, 2005.
C/Nolan moved, C/Tye seconded to approve the minutes of the Regular
Meeting of April 26, 2005 as presented. Motion carried by the following
Roll Call vote:
AYES: COMMISSIONERS: Nolan, Tye, Tanaka, VC/Low,
Chair/McManus
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
10. OLD BUSINESS:
MAY 10, 2005 Page 2 PLANNING COMMISSION
5.1 Form Based Development Code.
PM/Fong presented staff's report.
C/Tye asked if PM/Fong agreed with the recommendation that the City's
zoning should be thrown out and completely replaced by the form based
code. PM/Fong said that she disagreed with the statement because she
believed the City's code is fundamentally good. If the Commission wanted
to add more design criteria to illustrate what should be seen with respect
to the building form, it could be done without throwing out the existing
code. Also, there are other articles that promote supplementing a city's
current code.
PM/Fong agreed with Chair/McManus that the right mix of uses certainly
would reduce short trips and vehicular traffic. A City would have to create
the proper environment that would invite pedestrians to walk safely
through neighborhoods. Chair/McManus said he would like to see the City
move in a new direction in the future by considering projects in a new light.
ACM/DeStefano felt that opportunities for this type of mixed-use
development would be more likely in areas such as Kmart and the golf
course. Unfortunately, there were not a lot of remaining opportunities for
such intensity in Diamond Bar.
Chair/McManus wondered if Site D was a possibility. ACM/DeStefano
responded that the developer quickly dismissed the original option to
provide a mixed-use atmosphere. ACM/DeStefano explained that the
school district was in the beginning of the second year of a two-year
escrow with a one-year option and that Site D remained stagnant due to
an impasse between the City and Lewis retail.
C/Nolan felt that going forward as the opportunity arose staff could present
projects from the traditional standpoint and from the form based code
basis. However, he felt a form -based code was somewhat "smoke and
mirrors" when mixed-use projects could be created under the City's
current code.
Chair/McManus said from his perspective the form based code created a
whole new ambiance within the community and made it much more livable
and user-friendly.
MAY 10, 2005
Page 3 PLANNING COMMISSION
C/Tye felt it was another tool in the toolbox but it would not require the City
to throw out the current code and start over. However, where appropriate
and where it would create a better product the City should use it.
VC/Low agreed with C/Nolan that there were not enough spaces to see a
functional unifying theme throughout and within the City.
Chair/McManus said that Transamerica put Diamond Bar in its current
state and he felt it would benefit the City over the long term to initiate a
form -based code.
VC/Low agreed that it would be a good direction. However, if the City took
form base to its extreme there could be a multitude of uses within a
building.
PM/Fong said that many of the cities the Planning Advisory surveyed have
a combination of both types of codes.
ACM/DeStefano responded to Chair/McManus that with consensus staff
would develop a memorandum to City Council that would discuss the
Planning Commission's desire to implement where possible and
appropriate, these tools and techniques and begin to look at some of the
developable spaces such as Site D, Kmart and others to see if the current
code should be modified to set a new tone for the future.
11. NEW BUSINESS: None
12. PUBLIC HEARING(S):
7.1 Development Review No. 2005-06, Minor Conditional Use Permit
No. 2005-10 and Tree Permit No. 2005-02 — In accordance with Diamond Bar
Municipal Code Section 22.48, 22.56 and 22.38, this was a request to demolish
the existing single-family structures (house and barn) and construct an
approximate 13,141 gross square feet including porches, veranda, balconies,
and six car garage; site retaining walls varying to a maximum six feet exposed
height; a Minor Conditional Use Permit approval for the driveway widths greater
than provided by the Diamond Bar Municipal Code; and a Tree Permit to remove
and replace protected/preserved trees.
PROJECT ADDRESS: 2305 Alamo Heights
(Lot 6, Tract 30091)
MAY 10, 2005 Page 4 PLANNING COMMISSION
Diamond Bar, CA 91765
PROPERTY OWNERS: Li Chun Chiu and Wen-Chiuo Chiu
2305 Alamo Heights
Diamond Bar, CA 91765
MAY 10, 2005 Page 5 PLANNING COMMISSION
APPLICANT: Peter Fung
1227 W. Valley Boulevard #112
Alhambra, CA 91803
DSA/Smith presented staff's report and recommended Planning Commission
approval of Development Review No. 2005-06, Minor Conditional Use Permit
No. 2005-10 and Tree Permit No. 2005-02, Findings of Fact, and conditions of
approval as listed within the draft resolution.
C/Tye said that in visiting the site yesterday he was surprised to read that the
swimming pool would remain. In his opinion, the pool presented a health hazard
and he felt that the conditions should include mitigation to address the
stagnation.
DSA/Smith assured C/Tye that the low seat wall would be moved inside the right-
of-way line in accordance with a condition she added to the resolution and that a
protected tree that was removed had to be replaced at a 3:1 ratio with the same
species of tree.
Peter Fung, Applicant/Architect, explained the proposed project using the colored
rendering. He assured the Commission that the owner would clean the pool and
make certain that it was free of any pests. Chair/McManus said the pool should
be drained.
Mr. Fung responded to C/Nolan that the property owner agreed to the balance of
the conditions of approval.
C/Tanaka said he really liked the design and felt it was an exciting project.
Chair/McManus opened the public hearing.
With no one present who wished to speak on this item, Chair/McManus closed
the public hearing.
PM/Fong responded to C/Tye that staff would include a statement that the pool
must be drained in Condition (h) on page 7 of the Resolution so that it would
occur prior to grading or building permit issuance.
C/Tye moved, VC/Low seconded, to approve Development Review No. 2005-06,
Minor Conditional Use Permit No. 2005-10 and Tree Permit 2005-02, Findings of
Fact, and conditions of approval as listed within the resolution as amended.
MAY 10, 2005
Page 6 PLANNING COMMISSION
Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Tye, VC/Low, Nolan, Tanaka,
Chair/McManus
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
7.2 Development Review No. 2005-13 and Minor Conditional Use Permit
No. 2005-06 — in accordance with Diamond Bar Municipal Code Sections
22.48.020 and 22.56, this was a request to construct a two-story, single family
residence of approximately 11,783 gross square feet including porch, balconies,
and five car garage; and a Minor Conditional Use Permit approval for the circular
driveway width that was greater than provided by the Diamond Bar Municipal
Code.
PROJECT ADDRESS: 2839 Oak Knoll Drive
(Lot 15, Tract 48487)
Diamond Bar, CA 91765
PROPERTY OWNER/ Windmill Estates, LLC and Richard Gould
APPLICANT: 3480 Torrance Boulevard, Suite 300
Torrance, CA 90503
DSA/Smith presented staff's report and recommended Planning Commission
approval of Development Review No. 2005-13 and Minor Conditional Use Permit
No. 2005-06, Findings of Fact, and conditions of approval as listed within the
resolution.
Kurt Nelson, applicant said that he read and concurred with staff's excellent
report and conditions of approval.
C/Nolan said it was a beautiful rendering.
Chair/McManus said he visited the relocated Oak tree and it seemed to be
surviving.
VC/Low asked if the applicant had a set selection of home designs for their
clients because they look very similar. Mr. Nelson said yes and no. Windmill
Estates has floor plans that are samples. In both Crystal Ridge Estates and
Windmill there is a very similar clientele who request similar floor plans and
architectural features. However, Windmill Estates does not have a series of
MAY 10, 2005
Page 7 PLANNING COMMISSION
precise floor plans similar to that in a specific tract.
Chair/McManus opened the public hearing.
With no one present who wished to speak on this item, Chair/McManus closed
the public hearing.
VC/Low moved, C/Tanaka seconded, to approve Development Review No. 2005-
13 and Minor Conditional Use Permit No. 2005-06, Findings of Fact, and
conditions of approval as listed within the resolution. Motion carried by the
following Roll Call vote:
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
VC/Low, Tanaka, Nolan, Tye,
Chair/McManus
None
None
7.3 Conditional Use Permit No. 2005-017 and Development Review
No. 2005-09 - In accordance with Diamond Bar Municipal Development Code
Sections 22.48.020(1), 22.30.080(5) and 22.56.010, this was a request to
construct a two story, single family residence of approximately 10,820 gross
square foot including balconies, porch and attached four car garage and a four
foot high retaining wall within the side yard. The Minor Conditional Use Permit
was for a driveway wider than the maximum 14 feet allowed at the street property
line.
PROJECT ADDRESS
PROPERTY OWNER
3129 Windmill Drive
(Lot 8, Tract 50314)
Diamond Bar, CA 91765
Windmill Estates, LLC
3480 Torrance Blvd, Suite 300
Torrance, CA 90503
APPLICANT: Richard Gould
3480 Torrance Blvd, Suite 300
Torrance, CA 90503
AssocP/Lungu presented staff's report and recommended Planning Commission
approval of Development Review No. 2005-17 and Minor Conditional Use Permit
No. 2005-09, Findings of Fact, and conditions of approval as listed within the
MAY 10, 2005
13
14
draft resolution.
Page 8 PLANNING COMMISSION
Chair/McManus opened the public hearing.
With no one present who wished to speak on this item, Chair/McManus closed
the public hearing.
C/Tye moved, C/Tanaka seconded, to approve Development Review No. 2005-
17 and Minor Conditional Use Permit No. 2005-09, Findings of Fact, and
conditions of approval as listed within the draft resolution.
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
Tye, Tanaka, Nolan, VC/Low,
Chair/McManus
None
None
PLANNING COMMISSION COMMENTS AND INFORMATION ITEMS:
C/Tye asked if staff could require 22604 Ridgeline to provide fencing for the
entire project during construction as agreed. ACM/DeStefano responded yes and
said that in fact staff had received a complaint from the adjacent resident. As a
result, the Building Official was instructed to visit the site last week to work with
the property owner to make certain he would abide by the rules set forth for the
project.
VC/Low complimented and thanked PM/Fong and her staff for providing excellent
staff reports for every Planning Commission meeting.
C/Nolan asked staff to address the cracked monument sign at the southwest
corner of Diamond Bar Boulevard and Golden Springs Drive.
STAFF COMMENTS AND INFORMATIONAL ITEMS:
9.1 Public Hearing dates for future projects.
ACM/DeStefano offered the following corrections: Item #2 under Pending
Projects — Brookfield Builders. The 180 -home project is scheduled to
come before the Commission on May 24. The Country Hills Towne Centre
project should be available for the Commissions review on June 14.
ACM/DeStefano reported that Ed Flacks transitioned from a part time to a
full time code enforcement officer on May 1. As a result, the City now
MAY 10, 2005 Page 9 PLANNING COMMISSION
enjoys six days of full time coverage Monday through Saturday. Currently,
Code Enforcement is conducting a sweep of the City for banners and
whether or not they are permitted. Code Enforcement will also be
contacting residents regarding high weeds.
ACM/DeStefano said he would be at a Retail Developers Conference on
May 24. The focus of the Conference was to work hand-in-hand with
Target to get a 6000 square foot quality restaurant for the Grand and
Golden Springs location to serve the business community for lunch and
dinner. Ideally, it would be a TGI Fridays, Outback, or Chili's. One
possibility would be to include two restaurants. ACM/DeStefano said the
City would be looking for restaurants in general. The Kmart situation was
still in flux and staff would also be looking for businesses to fill some of the
outer pads on both sides of McDonalds, for example. The real issue was
to attempt to get some form of commitment out of Sears Holdings (Kmart)
to convert the store sooner rather than later. Sears plans to roll out 25
Sears Essentials in the Chicago area this year. The big California push is
slated for late 2006/early 2007 and he was certain there would not be a
one-off store for Diamond Bar. Instead, Southern California would be done
in one big block push of stores in order to capitalize on a regional opening
and make good use of advertising dollars. ACM/DeStefano suggested that
Commissioners could get a good idea of a Sears Essential store layout by
visiting the Sears Grand 220,000 square foot store in Rancho
Cucamonga. The Kmart store in Diamond Bar is 85,000 square feet.
Chair/McManus asked if the pad was large enough for Sears to expand
the building. ACM/DeStefano responded that there would be if it were built
up. However, they would more likely re -skin the existing store and convert
it to the new format. Target looked at the site as a backup awhile back and
determined that in order to build the typical 130,000 Target it would have
to be a two-story facility. In fact, Target was willing to construct a two-story
store at the site. Lewis is working with staff on Site D and Lewis agreed to
prepare some retail scenarios and test them at the conference.
ACM/DeStefano stated that staff hopes to bring the Lewis development
agreement back to the Commission for contractual performance issues on
June 14. Lewis was contractually obliged to begin construction of Target in
June and that will not happen. Lewis is also required to complete
construction of Target in April 2006 and that too will not happen. Lewis is
seeking relief and in exchange the City wants a larger financial
contribution from the residential project. The original development
MAY 10, 2005 Page 10 PLANNING COMMISSION
agreement components were based on a 200 -unit project. Lewis now
proposes a 180- unit project. Staff is seeking a contribution based on the
originally proposed 200 -unit project and Lewis has agreed which is the
fundamental premise of the changes to the agreement. ACM/DeStefano
confirmed to Chair/McManus that the City is seeking the original 10
percent contribution of $2 million. Fortunately, both sides — staff to
developer, have agreed that the $2 million would be an appropriate
exchange regardless of the number of units. In addition, the City expects
to receive a greater portion of the money sooner than originally
anticipated.
ACM/DeStefano responded to C/Tye that with respect to restaurants in the
Target development there was nothing to report at this time. The Parkway
Grill type of restaurant would more likely be placed at the Kmart or golf
course sites instead of at a Target site.
C/Tye said that Sears announced today that they would sell Orchard
Supply Hardware (OSH) so they have other things on their plate other
than deciding what to do with the Kmart in Diamond Bar. ACM/DeStefano
said that the Sears real estate people were ready to turn Kmart into a
Sears two months ago. Kmart said no and said they would like to turn it
into an OSH. And now Kmart is getting rid of OSH so in the long run it
worked out well for all parties because they are once again looking to turn
the store into a Sears.
VC/Low asked what happened to relocating the Farmer's Market within
Diamond Bar. ACM/DeStefano explained that he had met numerous times
with the Farmer's Market representatives of the Chamber and shown them
at least six appropriate sites in the City as well as attempted to establish a
relationship with property owners. He felt the best location was the parking
lot of the glass building across from the golf course because the parking
lot was nearly vacant on Saturday and Sunday mornings. For whatever
reason the parties were never able to reach an agreement so the
Chamber looked elsewhere and found their current location in Walnut.
Chair/McManus asked if the buildings at Pathfinder and Brea Canyon
would be rebuilt soon. ACM/DeStefano said he would look into the matter
and report back to the Commission.
Chair/McManus asked if the City was becoming more pro -active with
respect to code enforcement. ACM/DeStefano said that from time to time
MAY 10, 2005 Page 11 PLANNING COMMISSION
during the year the focus changed.
11. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
MAY 10, 2005 Page 12 PLANNING COMMISSION
ADJOURNMENT: With no further business before the Planning Commission,
Chair/Nolan adjourned the meeting at 8:25 p.m.
Respectfully Submitted,
James DeStefano
Assistant City Manager
Attest:
Joe McManus, Chairman
Agenda No. 6.3
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
MAY 10, 2005
CALL TO ORDER:
Chairman McManus called the meeting to order at 7:07 p.m. in the South Coast Air
Quality Management District/Government Center Auditorium, 21865 Copley Drive,
Diamond Bar, California 91765.
PLEDGE OF ALLEGIANCE: Commissioner Nolan led the Pledge of Allegiance.
1. ROLL CALL:
Present: Chairman Joe McManus, Vice Chairperson Ruth Low,
and Commissioners Dan Nolan, Jack Tanaka and Steve Tye.
Also present: James DeStefano, Assistant City Manager, Nancy
Fong, Planning Manager, Ann Lungu, Associate Planner, Linda Smith,
Development Services Assistant and Stella Marquez, Senior Administrative
Assistant.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None
Offered.
3. APPROVAL OF AGENDA: As Presented.
4. CONSENT CALENDAR:
4.1 Minutes of the Regular Meeting of April 26, 2005.
C/Nolan moved, C/Tye seconded to approve the minutes of the Regular
Meeting of April 26, 2005 as presented. Motion carried by the following
Roll Call vote:
AYES: COMMISSIONERS: Nolan, Tye, Tanaka, VC/Low,
Chair/McManus
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
10. OLD BUSINESS:
5.1 Form Based Development Code.
MAY 10, 2005 Page 2 PLANNING COMMISSION
PM/Fong presented staff's report.
C/Tye asked if PM/Fong agreed with the recommendation that the City's
zoning should be thrown out and completely replaced by the form based
code. PM/Fong said that she disagreed with the statement because she
believed the City's code is fundamentally good. If the Commission wanted
to add more design criteria to illustrate what should be seen with respect
to the building form, it could be done without throwing out the existing
code. Also, there are other articles that promote supplementing a city's
current code.
PM/Fong agreed with Chair/McManus that the right mix of uses certainly
would reduce short trips and vehicular traffic. A City would have to create
the proper environment that would invite pedestrians to walk safely
through neighborhoods. Chair/McManus said he would like to see the City
move in a new direction in the future by considering projects in a new light.
ACM/DeStefano felt that opportunities for this type of mixed-use
development would be more likely in areas such as Kmart and the golf
course. Unfortunately, there were not a lot of remaining opportunities for
such intensity in Diamond Bar.
Chair/McManus wondered if Site D was a possibility. ACM/DeStefano
responded that the developer quickly dismissed the original option to
provide a mixed-use atmosphere. ACM/DeStefano explained that the
school district was in the beginning of the second year of a two-year
escrow with a one-year option and that Site D remained stagnant due to
an impasse between the City and Lewis retail.
C/Nolan felt that going forward as the opportunity arose staff could present
projects from the traditional standpoint and from the form based code
basis. However, he felt a form -based code was somewhat "smoke and
mirrors" when mixed-use projects could be created under the City's
current code.
Chair/McManus said from his perspective the form based code created a
whole new ambiance within the community and made it much more livable
and user-friendly.
C/Tye felt it was another tool in the toolbox but it would not require the City
MAY 10, 2005
11
Page 3 PLANNING COMMISSION
to throw out the current code and start over. However, where appropriate
and where it would create a better product the City should use it.
VC/Low agreed with C/Nolan that there were not enough spaces to see a
functional unifying theme throughout and within the City.
Chair/McManus said that Transamerica put Diamond Bar in its current
state and he felt it would benefit the City over the long term to initiate a
form -based code.
VC/Low agreed that it would be a good direction. However, if the City took
form base to its extreme there could be a multitude of uses within a
building.
PM/Fong said that many of the cities the Planning Advisory surveyed have
a combination of both types of codes.
ACM/DeStefano responded to Chair/McManus that with consensus staff
would develop a memorandum to City Council that would discuss the
Planning Commission's desire to implement where possible and
appropriate, these tools and techniques and begin to look at some of the
developable spaces such as Site D, Kmart and others to see if the current
code should be modified to set a new tone for the future.
NEW BUSINESS: None
12. PUBLIC HEARING(S):
7.1 Development Review No. 2005-06, Minor Conditional Use Permit
No. 2005-10 and Tree Permit No. 2005-02 — In accordance with Diamond Bar
Municipal Code Section 22.48, 22.56 and 22.38, this was a request to demolish
the existing single-family structures (house and barn) and construct an
approximate 13,141 gross square feet including porches, veranda, balconies,
and six car garage; site retaining walls varying to a maximum six feet exposed
height; a Minor Conditional Use Permit approval for the driveway widths greater
than provided by the Diamond Bar Municipal Code; and a Tree Permit to remove
and replace protected/preserved trees.
PROJECT ADDRESS
2305 Alamo Heights
(Lot 6, Tract 30091)
Diamond Bar, CA 91765
MAY 10, 2005 Page 4 PLANNING COMMISSION
PROPERTY OWNERS: Li Chun Chiu and Wen-Chiuo Chiu
2305 Alamo Heights
Diamond Bar. CA 91765
MAY 10, 2005 Page 5 PLANNING COMMISSION
APPLICANT: Peter Fung
1227 W. Valley Boulevard #112
Alhambra, CA 91803
DSA/Smith presented staff's report and recommended Planning Commission
approval of Development Review No. 2005-06, Minor Conditional Use Permit
No. 2005-10 and Tree Permit No. 2005-02, Findings of Fact, and conditions of
approval as listed within the draft resolution.
C/Tye said that in visiting the site yesterday he was surprised to read that the
swimming pool would remain. In his opinion, the pool presented a health hazard
and he felt that the conditions should include mitigation to address the
stagnation.
DSA/Smith assured C/Tye that the low seat wall would be moved inside the right-
of-way line in accordance with a condition she added to the resolution and that a
protected tree that was removed had to be replaced at a 3:1 ratio with the same
species of tree.
Peter Fung, Applicant/Architect, explained the proposed project using the colored
rendering. He assured the Commission that the owner would clean the pool and
make certain that it was free of any pests. Chair/McManus said the pool should
be drained.
Mr. Fung responded to C/Nolan that the property owner agreed to the balance of
the conditions of approval.
C/Tanaka said he really liked the design and felt it was an exciting project.
Chair/McManus opened the public hearing.
With no one present who wished to speak on this item, Chair/McManus closed
the public hearing.
PM/Fong responded to C/Tye that staff would include a statement that the pool
must be drained in Condition (h) on page 7 of the Resolution so that it would
occur prior to grading or building permit issuance.
C/Tye moved, VC/Low seconded, to approve Development Review No. 2005-06,
Minor Conditional Use Permit No. 2005-10 and Tree Permit 2005-02, Findings of
Fact, and conditions of approval as listed within the resolution as amended.
MAY 10, 2005
Page 6 PLANNING COMMISSION
Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Tye, VC/Low, Nolan, Tanaka,
Chair/McManus
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
7.2 Development Review No. 2005-13 and Minor Conditional Use Permit
No. 2005-06 — in accordance with Diamond Bar Municipal Code Sections
22.48.020 and 22.56, this was a request to construct a two-story, single family
residence of approximately 11,783 gross square feet including porch, balconies,
and five car garage; and a Minor Conditional Use Permit approval for the circular
driveway width that was greater than provided by the Diamond Bar Municipal
Code.
PROJECT ADDRESS: 2839 Oak Knoll Drive
(Lot 15, Tract 48487)
Diamond Bar, CA 91765
PROPERTY OWNER/ Windmill Estates, LLC and Richard Gould
APPLICANT: 3480 Torrance Boulevard, Suite 300
Torrance, CA 90503
DSA/Smith presented staff's report and recommended Planning Commission
approval of Development Review No. 2005-13 and Minor Conditional Use Permit
No. 2005-06, Findings of Fact, and conditions of approval as listed within the
resolution.
Kurt Nelson, applicant said that he read and concurred with staff's excellent
report and conditions of approval.
C/Nolan said it was a beautiful rendering.
Chair/McManus said he visited the relocated Oak tree and it seemed to be
surviving.
VC/Low asked if the applicant had a set selection of home designs for their
clients because they look very similar. Mr. Nelson said yes and no. Windmill
Estates has floor plans that are samples. In both Crystal Ridge Estates and
Windmill there is a very similar clientele who request similar floor plans and
architectural features. However, Windmill Estates does not have a series of
MAY 10, 2005
Page 7 PLANNING COMMISSION
precise floor plans similar to that in a specific tract.
Chair/McManus opened the public hearing.
With no one present who wished to speak on this item, Chair/McManus closed
the public hearing.
VC/Low moved, C/Tanaka seconded, to approve Development Review No. 2005-
13 and Minor Conditional Use Permit No. 2005-06, Findings of Fact, and
conditions of approval as listed within the resolution. Motion carried by the
following Roll Call vote:
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
VC/Low, Tanaka, Nolan, Tye,
Chair/McManus
None
None
7.3 Conditional Use Permit No. 2005-017 and Development Review
No. 2005-09 - In accordance with Diamond Bar Municipal Development Code
Sections 22.48.020(1), 22.30.080(5) and 22.56.010, this was a request to
construct a two story, single family residence of approximately 10,820 gross
square foot including balconies, porch and attached four car garage and a four
foot high retaining wall within the side yard. The Minor Conditional Use Permit
was for a driveway wider than the maximum 14 feet allowed at the street property
line.
PROJECT ADDRESS
PROPERTY OWNER
3129 Windmill Drive
(Lot 8, Tract 50314)
Diamond Bar, CA 91765
Windmill Estates, LLC
3480 Torrance Blvd, Suite 300
Torrance, CA 90503
APPLICANT: Richard Gould
3480 Torrance Blvd, Suite 300
Torrance, CA 90503
AssocP/Lungu presented staff's report and recommended Planning Commission
approval of Development Review No. 2005-17 and Minor Conditional Use Permit
No. 2005-09, Findings of Fact, and conditions of approval as listed within the
MAY 10, 2005
13
14
draft resolution.
Page 8 PLANNING COMMISSION
Chair/McManus opened the public hearing.
With no one present who wished to speak on this item, Chair/McManus closed
the public hearing.
C/Tye moved, C/Tanaka seconded, to approve Development Review No. 2005-
17 and Minor Conditional Use Permit No. 2005-09, Findings of Fact, and
conditions of approval as listed within the draft resolution.
AYES: COMMISSIONERS
NOES: COMMISSIONERS
ABSENT: COMMISSIONERS
Tye, Tanaka, Nolan, VC/Low,
Chair/McManus
None
None
PLANNING COMMISSION COMMENTS AND INFORMATION ITEMS:
C/Tye asked if staff could require 22604 Ridgeline to provide fencing for the
entire project during construction as agreed. ACM/DeStefano responded yes and
said that in fact staff had received a complaint from the adjacent resident. As a
result, the Building Official was instructed to visit the site last week to work with
the property owner to make certain he would abide by the rules set forth for the
project.
VC/Low complimented and thanked PM/Fong and her staff for providing excellent
staff reports for every Planning Commission meeting.
C/Nolan asked staff to address the cracked monument sign at the southwest
corner of Diamond Bar Boulevard and Golden Springs Drive.
STAFF COMMENTS AND INFORMATIONAL ITEMS:
9.1 Public Hearing dates for future projects.
ACM/DeStefano offered the following corrections: Item #2 under Pending
Projects — Brookfield Builders. The 180 -home project is scheduled to
come before the Commission on May 24. The Country Hills Towne Centre
project should be available for the Commissions review on June 14.
ACM/DeStefano reported that Ed Flacks transitioned from a part time to a
full time code enforcement officer on May 1. As a result, the City now
MAY 10, 2005 Page 9 PLANNING COMMISSION
enjoys six days of full time coverage Monday through Saturday. Currently,
Code Enforcement is conducting a sweep of the City for banners and
whether or not they are permitted. Code Enforcement will also be
contacting residents regarding high weeds.
ACM/DeStefano said he would be at a Retail Developers Conference on
May 24. The focus of the Conference was to work hand-in-hand with
Target to get a 6000 square foot quality restaurant for the Grand and
Golden Springs location to serve the business community for lunch and
dinner. Ideally, it would be a TGI Fridays, Outback, or Chili's. One
possibility would be to include two restaurants. ACM/DeStefano said the
City would be looking for restaurants in general. The Kmart situation was
still in flux and staff would also be looking for businesses to fill some of the
outer pads on both sides of McDonalds, for example. The real issue was
to attempt to get some form of commitment out of Sears Holdings (Kmart)
to convert the store sooner rather than later. Sears plans to roll out 25
Sears Essentials in the Chicago area this year. The big California push is
slated for late 2006/early 2007 and he was certain there would not be a
one-off store for Diamond Bar. Instead, Southern California would be done
in one big block push of stores in order to capitalize on a regional opening
and make good use of advertising dollars. ACM/DeStefano suggested that
Commissioners could get a good idea of a Sears Essential store layout by
visiting the Sears Grand 220,000 square foot store in Rancho
Cucamonga. The Kmart store in Diamond Bar is 85,000 square feet.
Chair/McManus asked if the pad was large enough for Sears to expand
the building. ACM/DeStefano responded that there would be if it were built
up. However, they would more likely re -skin the existing store and convert
it to the new format. Target looked at the site as a backup awhile back and
determined that in order to build the typical 130,000 Target it would have
to be a two-story facility. In fact, Target was willing to construct a two-story
store at the site. Lewis is working with staff on Site D and Lewis agreed to
prepare some retail scenarios and test them at the conference.
ACM/DeStefano stated that staff hopes to bring the Lewis development
agreement back to the Commission for contractual performance issues on
June 14. Lewis was contractually obliged to begin construction of Target in
June and that will not happen. Lewis is also required to complete
construction of Target in April 2006 and that too will not happen. Lewis is
seeking relief and in exchange the City wants a larger financial
contribution from the residential project. The original development
MAY 10, 2005 Page 10 PLANNING COMMISSION
agreement components were based on a 200 -unit project. Lewis now
proposes a 180- unit project. Staff is seeking a contribution based on the
originally proposed 200 -unit project and Lewis has agreed which is the
fundamental premise of the changes to the agreement. ACM/DeStefano
confirmed to Chair/McManus that the City is seeking the original 10
percent contribution of $2 million. Fortunately, both sides — staff to
developer, have agreed that the $2 million would be an appropriate
exchange regardless of the number of units. In addition, the City expects
to receive a greater portion of the money sooner than originally
anticipated.
ACM/DeStefano responded to C/Tye that with respect to restaurants in the
Target development there was nothing to report at this time. The Parkway
Grill type of restaurant would more likely be placed at the Kmart or golf
course sites instead of at a Target site.
C/Tye said that Sears announced today that they would sell Orchard
Supply Hardware (OSH) so they have other things on their plate other
than deciding what to do with the Kmart in Diamond Bar. ACM/DeStefano
said that the Sears real estate people were ready to turn Kmart into a
Sears two months ago. Kmart said no and said they would like to turn it
into an OSH. And now Kmart is getting rid of OSH so in the long run it
worked out well for all parties because they are once again looking to turn
the store into a Sears.
VC/Low asked what happened to relocating the Farmer's Market within
Diamond Bar. ACM/DeStefano explained that he had met numerous times
with the Farmer's Market representatives of the Chamber and shown them
at least six appropriate sites in the City as well as attempted to establish a
relationship with property owners. He felt the best location was the parking
lot of the glass building across from the golf course because the parking
lot was nearly vacant on Saturday and Sunday mornings. For whatever
reason the parties were never able to reach an agreement so the
Chamber looked elsewhere and found their current location in Walnut.
Chair/McManus asked if the buildings at Pathfinder and Brea Canyon
would be rebuilt soon. ACM/DeStefano said he would look into the matter
and report back to the Commission.
Chair/McManus asked if the City was becoming more pro -active with
respect to code enforcement. ACM/DeStefano said that from time to time
MAY 10, 2005 Page 11 PLANNING COMMISSION
during the year the focus changed.
11. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
MAY 10, 2005 Page 12 PLANNING COMMISSION
ADJOURNMENT: With no further business before the Planning Commission,
Chair/Nolan adjourned the meeting at 8:25 p.m.
Respectfully Submitted,
James DeStefano
Assistant City Manager
Attest:
Joe McManus, Chairman
Agenda No. 6.4
NOTICE REGARDING THE CHECK REGISTER
Please note that the Check 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 909-839-7010 to receive a FAXed copy or to pick one up in
person.
We apologize for the inconvenience.
Agenda # 6.5
Meeting Date: June. 7, 2005
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Treasurer's Statement — April, 2005
RECOMMENDATION:
Approve the April 2005, Treasurer's Statement.
FINANCIAL IMPACT:
No Fiscal Impact
BACKGROUND:
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, Senior Accountant
Department Head
Attachments:
Treasurer's Statement
Deputy City Manager
Agenda # 6.6
Meeting Date: June 7, 2005
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Rejection of Claim — Filed by Christine McGurty — February 28, 2005.
RECOMMENDATION: Carl Warren & Co., the City's claims administrator, recommends the City
Council reject the claim filed by Christine McGurty.
FINANCIAL IMPACT: There is no financial implication associated with rejecting this claim. The
claim for damage is for approximately $526.11. Should the claim be successful, it will be paid by the
JPIA.
BACKGROUND: On February 28, 2005, Christine McGurty filed a Claim for Damages with the
City alleging that a tree branch fell on her vehicle while driving on Grand Ave. in the City of Diamond
Bar thereby causing damage. Carl Warren & Co., the City's claims administrator, determined that the
claim appears to be one of questionable liability and has recommended denial. Upon action by the
City Council, appropriate notice shall be sent to the claimant and Carl Warren & Co.
PREPARED BY: Tommye Cribbins, Executive Asst.
REVIEWED BY:
Asst. City Manager
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # 6.7
Meeting Date: June 7, 2005
AGENDA REPORT
TITLE: APPROPRIATION OF $500 FROM THE COMMUNITY SUPPORT FUND IN SUPPORT
OF THE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT "999 FOR KIDS"
PROGRAM
RECOMMENDATIONS:
It is recommended that the City Council appropriate $500 from the Community Support Fund in
support of the Los Angeles Sheriff's Department "999 for Kids" program.
FISCAL IMPACT:
The Community Support Fund allocates City funds to organizations and groups that benefit our
community. There is $800 available in this fund that has not been allocated to a specific organization.
If this expenditure is approved by Council, there will be $300 remaining in available fund balance.
BACKGROUND / DISCUSSION:
Currently, more than 1,000 mentally and physically challenged children who were the victims of the
most severe cases of abuse, neglect, and domestic violence are living in foster homes under the care
of the Specialized Medical Placement Unit of the Los Angeles County Department of Children and
Family Services. Founded in 1985 by the Los Angeles County Sheriff's Department, the "999 for
Kids" program is designed to raise funds to assist these children. Many personnel from the Diamond
Bar/Walnut Sheriff's Station have freely donated their time, effort, and money to this program over the
years.
While tax dollars cover basic living expenses, very little public funds are available for needs that go
beyond basic care. This program uses donations to fund special services, events, and items such as
modified wheelchairs, special classes such as swimming lessons, medically -oriented toys and games,
and an annual Christmas party. These items help to fulfill the emotional needs of these children that
go beyond the basics of food, clothing, and shelter.
The "999 for Kids" aroaram allocates the collected funds for children living throuahout the Los
Diamond Bar, it is important to remember that child abuse, neglect, and domestic violence are not
exclusive to low income/high crime areas and can touch the lives of children in our community.
If approved, staff will add the "999 FOR KIDS" Program to the annual Community Support Fund list.
Prepared by:
Ryan McLean, Senior Management Analyst
Attachment
Reviewed by:
David Doyle, Assistant City Manager
1. Letter from Leroy D. Baca, Los Angeles County Sheriff
2. Copy of "999 for Kids" Promotional Pamphlet
Agenda # 6.8
Meeting Date: June 7, 2005
CITY COUNCIL `\`` AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Approve Extension of Agreement FOR ONE YEAR for
Traffic Signal Maintenance Services With Republic
Electric.
RECOMMENDATION:
Approve.
FISCAL IMPACT:
Since July 2000, the routine maintenance cost per intersection has been $42 per month.
Republic Electric (Republic) has requested an increase for the routine monthly
maintenance cost to $50 per intersection. The cost of prevailing wages in addition to
increased costs for gasoline, insurance, and vehicles has prompted the request.
The City currently has 60 intersections maintained by Republic. The costs for basic
extraordinary maintenance and equipment costs will be charged on a time and material
basis. All extraordinary work must first be authorized by the City prior to installation.
The proposed FY 2005-06 budget of $165,000 is adequate to handle our maintenance
needs and costs.
BACKGROUND/DISCUSSION:
In June 2000, Council awarded the traffic signal maintenance contract to Signal
Maintenance, Inc. (SMI) for a five-year period beginning July 1, 2000 through June 30,
2005 with a provision for five (5) additional annual renewals. On October 1, 2004,
Republic acquired SMI and the acquisition was approved by Council on October 19,
2004.
Republic is committed to providing traffic signal maintenance services that will meet our
needs through experienced and qualified personnel. As an example, Republic uses
highly trained technicians to perform the signal maintenance. Additionally, all
technicians report to the City in a bucket -equipped truck as well as an extensive
materials inventory. Less time is spent going back to the office to pick up the necessary
supplies for maintenance needs.
Republic also has personnel who have the ability to create plans and specs for projects
that may be required for the traffic signals as general aging and/or collisions occur in the
field. Staff monitors the extraordinary maintenance charges when presented and
determines what services are necessary to maintain the traffic signals in optimum
condition. Since October 1, 2004 and the acquisition of SMI, Republic's performance
has been satisfactory and in accordance with the City's specifications.
Staff recommends the Council approve the extension of one year to the agreement with
Republic for Traffic Signal Maintenance Services for FY 2005-06.
Prepared By: Sharon Gomez, Senior Management Analyst
REVIEWED BY:
David G. Liu James DeStefano
Director of Public Works Assistant City Manager
Attachments: Attachment "A", Agreement Amendment with Republic's letter of
Request
Attachment "B", List of Signalized Intersections
Pa
AMENDMENT NO. 1
TO THE TRAFFIC SIGNAL MAINTENANCE AGREEMENT
This Amendment No. 1 to the Agreement is made and entered into this 7t" day
of June, 2005, between the CITY OF DIAMOND BAR, a Municipal Corporation
(hereinafter referred to as "CITY") and REPUBLIC ELECTRIC (hereinafter referred to
as "CONTRACTOR").
A. RECITALS:
(i) The CITY has heretofore entered into an Agreement with
Contractor to provide Traffic Signal Maintenance Services, which the Agreement was
dated June 6, 2000.
(ii) The CONTRACTOR submitted a proposal, a full, true and correct
copy of which is attached hereto as Exhibit "A" to provide traffic signal maintenance
services.
(iii) The CONTRACTOR submitted a proposal for extension of the
contract, a full, true and correct copy of which is attached hereto as Exhibit "B" to
provide traffic signal maintenance services.
NOW, THEREFORE, it is agreed by and between CITY and CONTRACTOR:
Section 1: Scope of Services of the Agreement is hereby amended to
read as follows:
Scope of Services. The nature and scope of the specific services
to be performed by CONTRACTOR are as described in Exhibit "B", dated May 3, 2005,
Traffic Signal Maintenance Services. CONTRACTOR shall begin its services under this
Agreement on July 1, 2005.
Section 5: Compensation of the Agreement is hereby amended to read as
follows:
Compensation. CITY agrees to compensate CONTRACTOR
for each service which CONTRACTOR 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 9: Termination of Agreement is hereby amended to read as
follows:
Termination of Agreement. This Amendment No. 1 will
terminate June 30, 2006 unless otherwise extended in advance and in writing by the
City Manager.
1
Each party to this Amendment No. 1 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.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement No. 1 as of the day and year first set forth above:
APPROVED AS TO FORM: CONTRACTOR:
REPUBLIC ELECTRIC
IN
City Attorney
ATTEST:
CITY OF DIAMOND BAR
Ken Harris
Linda C. Lowry, City Clerk Date
2
Agenda # 6.9
Meeting Date: June 7, 2005
CITY COUNCIL `\`` AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Approve Extension of CONTRACT Agreement With MCE
CORPORATION FOR THREE YEARS for STREET Maintenance
Services.
RECOMMENDATION:
Approve.
FISCAL IMPACT:
The Street Maintenance budget is funded mostly by Gas Tax. Each year prior to the
submittal of the proposed Public Works budget to Council, MCE Corporation (MCE)
submits a detailed, proposed work program for the fiscal year along with estimated
costs for the individual services in each of the work categories. The proposed Public
Works maintenance budget for 2005-06 is adequate for the estimated expenditure total
of $394,000 proposed by MCE.
BACKGROUND/DISCUSSION:
In June 2000, Council awarded the street maintenance contract to MCE for a five-year
period beginning July 1, 2000 through June 30, 2005 with a provision to award multiple
years upon successful demonstration of exemplary contract performance.
The MCE crew consists of one (1) foreman and two (2) field workers. Our Public Works
Supervisor, Jorge Garcia, manages the contract and meets on a daily basis with the
MCE foreman to discuss work progress and plan activities.
The overall scope of work includes Road Maintenance, Right -of -Way Maintenance,
Storm Drain Maintenance, Signing and Striping, and Vegetation Control. Each year,
staff discusses with MCE the projected activities for the upcoming fiscal year. MCE
then submits a proposed cost proposal/budget to be included in the City's fiscal year
budget.
The service provided by MCE has been exemplary for the last five years. Additionally,
MCE has reduced the overall markup charged for the management fee for subcontract
work from 17% to 15%.
Staff recommends that the Council approve the extension of three years to the
agreement with MCE Corporation for Street Maintenance Services.
Prepared By: Sharon Gomez, Senior Management Analyst
REVIEWED BY:
David G. Liu James DeStefano
Director of Public Works Assistant City Manager
Attachments: Attachment "A", Agreement Amendment with MCE's extension
request letter dated June 1, 2005
2
AMENDMENT NO. 1
TO THE STREET MAINTENANCE SERVICES AGREEMENT
This Amendment No. 1 to the Agreement is made and entered into this 7t" day
of June, 2005, between the CITY OF DIAMOND BAR, a Municipal Corporation
(hereinafter referred to as "CITY") and MCE CORPORATION (hereinafter referred to as
"CONTRACTOR").
A. RECITALS:
(i) The CITY has heretofore entered into an Agreement with
Contractor to provide Street Maintenance Services, which the Agreement was dated
June 20, 2000.
(ii) The CONTRACTOR submitted a proposal, a full, true and correct
copy of which is attached hereto as Exhibit "A" to provide street maintenance services.
(iii) The CONTRACTOR submitted a request for extension of the
contract, a full, true and correct copy of which is attached hereto as Exhibit "B" to
provide street maintenance services.
NOW, THEREFORE, it is agreed by and between CITY and CONTRACTOR:
Section 1: Scope of Services of the Agreement is hereby amended to
read as follows:
Scope of Services. The nature and scope of the specific services
to be performed by CONTRACTOR are as described in Exhibit "A" dated June 20, 2000.
CONTRACTOR shall begin its services under this Agreement on July 1, 2005.
Section 5: Compensation of the Agreement is hereby amended to read as
follows:
Compensation. CITY agrees to compensate CONTRACTOR
for each service which CONTRACTOR performs to the satisfaction of CITY in
compliance with the schedules set forth in Exhibit "A". Payment will be made only after
submission of proper invoices in the form specified by City.
Section 9: Termination of Agreement is hereby amended to read as
follows:
Termination of Agreement. This Amendment No. 1 will
terminate June 30, 2008 unless otherwise extended in advance and in writing by the
City Manager.
1
Each party to this Amendment No. 1 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.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement No. 1 as of the day and year first set forth above:
APPROVED AS TO FORM: CONTRACTOR:
NICE CORPORATION
la
City Attorney
ATTEST:
CITY OF DIAMOND BAR
Linda C. Lowry, City Clerk Date
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # 6. 10
Meeting Date: June 7, 2005
AGENDA REPORT
TITLE: REQUEST TO AUTHORIZE THE PURCHASE OF TWO (2) LAPTOP COMPUTERS
FOR USE IN THE CITY'S EMERGENCY OPERATIONS CENTER (EOC) AND
APPROPRIATE NECESSARY GRANT FUNDS FROM FEDERAL HOMELAND
SECURITY FY05 GRANT ($3,000).
RECOMMENDATIONS:
It is recommended that the City Council authorize the purchase and appropriate the necessary funds.
FISCAL IMPACT:
The computers will be purchased using $3,000 in already awarded grant funds received by the City
from the Federal Homeland Security Grant Program through the Los Angeles County Office of
Emergency Management.
BACKGROUND / DISCUSSION:
In each year following the tragic events of 9/11/01, the Federal Government has allocated funds for
agencies to use to enhance homeland security at the local level. In previous years, the City of
Diamond Bar has received over $41,000 of these funds, which have helped purchase high-tech items
such as the surveillance cameras at the Diamond Bar Center and the portable radio communications
system for the Emergency Operations Center (EOC).
Currently, the City's EOC is not equipped with effective laptop computers. After careful consideration,
City staff concluded that the purchase of new computers will help the EOC develop effective
information gathering, analysis, and sharing capabilities as well as enhance management techniques
in the event of an emergency or disaster. The computers will also serve various functions in non-
emergency situations at City Hall.
Ryan McLean, Senior Management Analyst David Doyle, Assistant City Manager
Agenda # 6.11
Meeting Date: June 7, 2005_
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Authorize City Manager to purchase additional computer hardware from Hewlett
Packard ($25,000)
Recommendation:
Staff recommends the Council authorize the City Manager to purchase the required hardware.
Although the purchase amount is within the City Manager's spending authority, the cost of this
purchase along with prior purchases this fiscal year from Hewlett Packard requires the City Council to
approve this purchase.
Budget/Financial Impact:
There are sufficient Prop A ($10,000), AB2766 ($10,000), and General Fund ($5,000) monies
budgeted for this purchase.
Discussion:
The City is currently developing an "On -Line Transit system", using a special software application that
will allow residents to purchase transit passes through the City's website. This application requires
the City to buy an additional server which will be purchased with Prop. A funds. Prop. A funds are
dedicated for transit related expenditures.
The City is also developing an on-line GIS system on the City's website and AB2766 funds will be
used for the purchase of the server hardware for this application. AB 2766 funds are used to reduce
pollution. By providing this information on the City's website, we can reduce the number of vehicle
trips to City Hall thereby reducing air pollution.
The General Fund monies will be used to purchase additional backup tape media needed prior to
year end.
It is recommended that the City Council authorize these expenditures since the total purchase will
exceed the City Managers spending authority.
PREPARED BY:
Ken Desforges, Director Information Systems Dave Doyle, Assistant City Manager
2
Agenda # 6.120
Meeting Date: June 7, 2005
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
AGENDA REPORT
TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR TO DECLARE THE CITY'S INTENTION TO
LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE
DISTRICT NO. 38 AND DIRECT THE CITY CLERK TO
ADVERTISE THE PUBLIC HEARING BEFORE THE COUNCIL
AT THE JULY 5, 2005 REGULAR MEETING.
RECOMMENDATION:
Approve.
FINANCIAL SUMMARY:
There will be no impact on the City's General Funds. As shown on the attached
Engineer's Report, the $265,380 of assessment generated by this District is proposed to
pay for the operation, maintenance cost, and Capital Improvements budgeted in special
fund No. 138.
BACKGROUND/DISCUSSION:
The attached Engineer's Report for the City's Landscaping Assessment District Number
38, which is prepared pursuant to provisions of the Landscaping and Lighting Act of
1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of
California, includes authority for the report, estimated costs of improvements, a diagram
for the District and the assessments.
The estimated number of parcels within the District is 17,692 parcels. The amount
assessed upon the lands within District Number 38 for Fiscal Year 2004-2005 was
$15.00 per parcel. The amount to be assessed for Fiscal Year 2005-2006 is to remain
at $15.00 per parcel. The assessments will be utilized towards the general
maintenance of City's medians and parkways.
The proposed assessment has been determined to be exempt from the provisions of
Proposition 218 as set forth in section 5 (a): Any assessment imposed exclusively to
finance the capital costs or maintenance and operation expenses for sidewalks, streets,
sewers, water, flood control drainage systems or vector control.
Prepared By:
Sharon Gomez, Senior Management Analyst
REVIEWED BY:
David G. Liu
Director of Public Works
Attachments: Resolution No. 2005 -XX
Engineer's Report
James DeStefano
Assistant City Manager
2
RESOLUTION NO. 2005 -XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR TO DECLARE THE CITY'S INTENTION TO LEVY AND COLLECT
ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 38 AND DIRECT
THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING BEFORE
THE COUNCIL AT THE JULY 5, 2005 REGULAR MEETING.
A. RECITALS.
(i) Heretofore the City of Diamond Bar Assessment District No. 38 was created
pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§
22500, et. seq.).
(ii) The City Engineer has prepared, filed with the City Clerk and presented to
this Council a report relating to said assessment district pursuant to the provisions of the
California Streets and Highways Code § 22623.
(iii) All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION.
NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby
find, determine and resolve as follows:
1. The Recitals, as set forth in Part A of this Resolution, are in all respects
true and correct.
2. The above-described report submitted by the City Engineer relating to City
of Diamond Bar Assessment District No. 38 is hereby approved as filed.
3. This Council hereby declares its intention to levy and collect assessments
during fiscal year 2005-06 pursuant to Part 2 of Division 15 of the Streets and Highways
Code of the State of California, known as the "Landscaping and Lighting Act of 1972,"
within that area designated "City of Diamond Bar Assessment District No. 38," as shown
on Exhibit "A-1" attached hereto and incorporated herein by reference.
1
4. A general description of the improvements proposed for the
aforementioned district is as follows:
The installation, maintenance and servicing of landscaping and any
facilities which are appurtenant thereto or which are necessary or convenient for
the maintenance and servicing thereof, including but not limited to, repair,
removal or replacement, grading, clearing, removal of debris, pruning,
fertilization, pest control and weed control, and the installation or construction of
appurtenant facilities, including curbs, gutters, walls, sidewalks or paving, or
water, irrigation, drainage, or electrical facilities. Said installation, maintenance
and servicing of the landscaping and installation, maintenance and servicing of
related work shall be within the area of Assessment District No. 38 as shown on
Exhibit "A-1." The location and type of improvement is shown on Exhibit "B-1,"
as attached hereto and incorporated herein by reference.
5. Reference is hereby made to the report of the City Engineer relating to the
said assessment district hereinabove approved. Said report is on file with the City Clerk
of the City of Diamond Bar and contains a full and detailed description of the
improvements, the boundaries of the assessment district and contains the proposed
assessments upon assessable lots and parcels of land within City of Diamond Bar
Assessment District No. 38 for fiscal year 2005-06. Said proposed assessment per lot
is the amount of $15.00, the same amount which was levied in fiscal year 2004-05.
6. This Council hereby fixes 7:00 p.m. on July 5, 2005 in the South Coast Air
Quality Management District Auditorium, 21825 Copley Drive, Diamond Bar, California,
as the time and place for a hearing before this Council on this question of the levy of the
proposed assessments on assessable lots with City of Diamond Bar Assessment
District No. 38 for fiscal year 2005-06 and hereby gives notice of said hearing.
2
7. The City Council hereby determines and declares that the proposed
assessments constitute a continuation of assessments existing on the effective date of
Article XIIID of the California Constitution, that the assessments are imposed exclusively
to finance the capital costs and maintenance and operation expenses for streets and
sidewalks and that the assessments are exempt from the requirements of Article XIIID,
Section 4 of the California Constitution.
8. The City Clerk shall:
(a) Certify to the adoption of this Resolution; and
(b) Cause a true and correct copy of this Resolution to be published
pursuant to California Government Code § 6061.
PASSED, ADOPTED AND APPROVED this 7t" day of June, 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 the 7t" day of June, 2005, by the
following Roll Call vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAINED:
COUNCIL MEMBERS:
ATTEST:
Linda C. Lowry, City Clerk
City of Diamond Bar
3
ENGINEER'S REPORT
Update of
ASSESSMENT DISTRICT NO. 38
Fiscal Year 2005-06
CITY OF DIAMOND BAR
Preliminary: June 7, 2005
Prepared by:
GFB-FRIEDRICH & ASSOC., INC.
6529 Riverside Avenue, Suite 230
Riverside, CA 92506
(951)781-0811
TABLE OF CONTENTS
INTRODUCTION
BOUNDARIES OF DISTRICT
IMPROVEMENTS
Landscaping
FINANCIAL ANALYSIS
Revenue
Appropriations
METHOD OF APPORTIONMENT
ASSESSMENT
ASSESSMENT ROLL
EXHIBITS
Exhibit "A-1" - Assessment Diagram
Exhibit "B-1" - Improvement Map
Paqe
1
2
3
4
6
7
8
INTRODUCTION
Pursuant to the order of the City Council of the City of Diamond Bar, this report is
prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and
Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the
State of California.
This report presents the engineering analysis for the 2005-06 Fiscal Year for the district
known as:
ASSESSMENT DISTRICT NO. 38
CITY OF DIAMOND BAR
(Hereinafter referred to as "District")
This District, by special benefit assessments, provides funding for the maintenance of
landscaped areas owned by the City of Diamond Bar which are located in public rights-
of-way within the City of Diamond Bar.
Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be
levied according to benefit rather than according to assessed value. The section states:
"The net amount to be assessed upon lands within an assessment district may
be apportioned by any formula or method which fairly distributes the net amount
among all assessable lots or parcels in proportion to the estimated special
benefits to be received by each such lot or parcel from the improvements.
The determination of whether or not a lot or parcel will benefit from the
improvements shall be made pursuant to the Improvement Act of 1911 (Division
7 (commencing with Section 5000)) [of the Streets and Highways Code, State of
California]."
As the assessments are levied on the basis of benefit, they are considered a user's fee,
not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution.
Properties owned by public agencies, such as a city, county, state or the federal
government, are not assessable under pre -Prop 218 law.
Assessment District No. 38
Engineer's Report — FY 2005-2006
BOUNDARIES OF DISTRICT
The boundary of the District is completely within the City limits of the City of Diamond
Bar and is shown on the Assessment Diagram (on file in the office of the City Clerk at
the City Hall of Diamond Bar as Exhibit "A-1 "). All parcels of real property included
within the District are described in detail on maps on file in the Los Angeles County
Assessor's office.
Assessment District No. 38 2
Engineer's Report — FY 2005-2006
IMPROVEMENTS
The facilities and items of servicing and maintenance included within the District are as
follows:
Landscaping
Servicing means the furnishing of water for the irrigation of any landscaping, the
operation of any fountains, or the maintenance of any other improvements.
Maintenance means the furnishing of services and materials for the ordinary and usual
maintenance, operation and servicing of any improvement, including:
Repair, removal or replacement of all or any part of any landscape improvement.
2. Providing for the life, growth, health and beauty of landscaping, including without
limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for
disease or injury.
3. The removal of trimmings, rubbish, debris and other solid waste.
Improvements to be serviced and maintained include, but are not limited to, median island and parkway
landscaping on major streets and thoroughfares in the City of Diamond Bar. Exhibit "B-1," attached
hereto, shows the location and extent of the landscaping improvements to be maintained by the proceeds
from this assessment district.
Brea Canyon Road Streetscape Improvements Project from Pathfinder Road to the Southerly City Limit is
eligible under District No. 38 and is hereby included for maintenance.
Assessment District No. 38
Engineer's Report — FY 2005-2006
FINANCIAL ANALYSIS
The estimated funding for maintenance and servicing of landscaping for the update of
Assessment District No. 38 for the 2005-06 Fiscal Year is as follows:
2005-06
Recommended Budget
Revenue:
Appropriation Fund Balance (from FY 2004-05) $163,165
Property Tax — Special Assessments 265,380
Interest Revenue 7,000
TOTAL $435,545
Appropriations:
Personnel Services
Salaries
$16,500
City Paid Benefits
250
Retirement
3,000
Worker's Compensation Expense
670
Short/Long Term Disability
100
Medicare Expense
250
Cafeteria Benefits
2,900
Operating Expenses
Advertising
1,000
Utilities
112,200
Maintenance -Grounds & Bldg
25,000
Professional Services
7,000
Contract Services
96,400
Capital Outlay
Capital Improvements *
31,500
Transfer to CIP Fund **
128,000
Reserve for Future Capital Improvements
10,775
TOTAL $435,545
Includes replacement of nine irrigation controllers/cabinet boxes @ $3,500/each.
** City Entry Improvements — SE Corner Diamond Bar Blvd. @ Temple Ave.
Assessment District No. 38 4
Engineer's Report — FY 2005-2006
Plans and Specifications
Plans and specifications showing the general nature, location and extent of the
proposed improvements are on file in the office of the City Clerk and available for public
inspection.
Assessment District No. 38 5
Engineer's Report — FY 2005-2006
METHOD OF APPORTIONMENT
The net amount to be assessed upon lands within the District in accordance with this
report is apportioned by a formula and method which fairly distributes the amount
among all assessable lots or parcels in proportion to the estimated benefits to be
received by each lot or parcel from the improvements, namely the maintenance and
servicing of public landscaping improvements within such District. The maintenance
and servicing of public landscaping improvements installed and constructed in public
places in the City of Diamond Bar provides a special benefit which is received by each
and every lot or parcel within the District, tending to enhance their value.
The primary benefits of landscaping are as set forth below:
1. Beautification of the streets which are used by all of the residents in Diamond
Bar.
2. A sense of community pride resulting from well-maintained green spaces.
3. The enhancement of the value of property which results from the foregoing
benefits.
Existing land use information indicates that well over 90 percent of the parcels within the
City of Diamond Bar are residences. Because the special benefits derived apply equally
to all residents and parcels, it has been determined that all assessable parcels would
receive the same net assessment.
Assessment District No. 38 6
Engineer's Report — FY 2005-2006
ASSESSMENT
The amount to be assessed upon the lots and parcels within the District and the amount
apportioned to each assessable parcel within the District is shown in the table below.
Estimated Assessment Requirements:
$265,380
Estimated Number of Parcels:
Estimated Assessment Per Parcel:
2004-05 Assessment Per Parcel:
$ 15.00
2005-06 Assessment Per Parcel:
$ 15.00
Difference:
$ 0.00
ASSESSMENT ROLL
17,692
$ 15.00
The individual 2005-06 assessments, tabulated by Assessor's parcel number, are
shown on an Assessment Roll on file in the Office of the City Clerk of the City of
Diamond Bar as Exhibit "C" and are made a part of this report by reference. (The
Assessment Roll is not included in this report due to its volume.)
Dated:
�� ,�
W
No. C27861
Exp. 3/31/06
s�, CIVIL �P
Ur CA��F�
Arc
Vit" r- 8/q�,�
,. FR�c_
1
, 2005
Assessment District No. 38 %
Engineer's Report — FY 2005-2006
GFB-FRIEDRICH & ASSOC., INC.
JOHN A. FRIEDRICH
EXHIBITS
Agenda # 6.12(b)
Meeting Date: June 7, 2005
CITY COUNCIL „R,��� AGENDA REPORT
�1989�
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR TO DECLARE THE CITY'S INTENTION TO
LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE
DISTRICT NO. 39 AND DIRECT THE CITY CLERK TO
ADVERTISE THE PUBLIC HEARING BEFORE THE COUNCIL
AT THE JULY 5, 2005 REGULAR MEETING.
RECOMMENDATION:
Approve.
FINANCIAL SUMMARY:
There will be no impact on the City's General Funds. As shown on the attached
Engineer's Report, the $164,190 of assessment generated by this District is proposed to
pay for the operation, maintenance costs, and Capital Improvements budgeted in
special fund No. 139.
BACKGROUND/DISCUSSION:
The attached Engineer's Report for the City's Landscaping Assessment District Number
39, which is prepared pursuant to provisions of the Landscaping and Lighting Act of
1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of
California, includes authority for the report, estimated costs of improvements, a diagram
for the District and the assessments.
The estimated number of parcels within the District is 1,263 parcels. The amount
assessed upon the lands within District Number 39 for Fiscal Year 2004-2005 was
$130.00 per parcel. The amount to be assessed for Fiscal Year 2005-2006 is to remain
at $130.00 per parcel. The assessments will be utilized towards the general
maintenance of slopes, open space areas and the five (5) mini parks within District 39.
The proposed assessment has been determined to be exempt from the provisions of
Proposition 218 as set forth in section 5 (b): Any assessment imposed pursuant to a
petition signed by the persons owning all of the parcels subject to the assessment at the
time the assessment is initially imposed.
Prepared By:
Sharon Gomez, Senior Management Analyst
REVIEWED BY:
David G. Liu
Director of Public Works
Attachments: Resolution No. 2005 -XX
Engineer's Report
James DeStefano
Assistant City Manager
2
RESOLUTION NO. 2005 -XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR TO DECLARE THE CITY'S INTENTION TO LEVY AND COLLECT
ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 39 AND DIRECT THE
CITY CLERK TO ADVERTISE THE PUBLIC HEARING BEFORE THE
COUNCIL AT THE JULY 5, 2005 REGULAR MEETING
A. RECITALS.
(i) Heretofore the City of Diamond Bar Assessment District No. 39 was created
pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§
22500, et. seq.).
(ii) The City Engineer has prepared, filed with the City Clerk and presented to
this Council a report relating to said assessment district pursuant to the provisions of the
California Streets and Highways Code § 22623.
(iii) No substantial changes in existing improvements are proposed for said
Assessment District No. 39.
(iv) All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION.
NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby
find, determine and resolve as follows:
1. The Recitals, as set forth in Part A of this Resolution, are in all respects
true and correct.
2. The above-described report submitted by the City Engineer relating to City
of Diamond Bar Assessment District No. 39 is hereby approved as filed.
3. This Council hereby declares its intention to levy and collect assessments
during fiscal year 2005-06 pursuant to Part 2 of Division 15 of the Streets and Highways
Code of the State of California, known as the "Landscaping and Lighting Act of 1972,"
within that area designated "City of Diamond Bar Assessment District No. 39," as shown
on Exhibit "A-2" attached hereto and incorporated herein by reference.
1
4. A general description of the improvements proposed for the
aforementioned district is as follows:
The maintenance and servicing of landscaping and any facilities which are
appurtenant thereto or which are necessary or convenient for the maintenance
and servicing thereof, including but not limited to, repair, removal or replacement,
grading, clearing, removal of debris, pruning, fertilization, pest control and weed
control, and the installation or construction of appurtenant facilities, including
curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage, or
electrical facilities. Said maintenance and servicing of the landscaping and
installation, maintenance and servicing of related work shall be within the area of
Assessment District No. 39 as shown on Exhibit "A-2." The location and type of
improvement is shown on Exhibit "B-2," as attached hereto and incorporated
herein by reference."
5. Reference is hereby made to the report of the City Engineer relating to the
said assessment district hereinabove approved. Said report is on file with the City Clerk
of the City of Diamond Bar and contains a full and detailed description of the
improvements, the boundaries of the assessment district and contains the proposed
assessments upon assessable lots and parcels of land within City of Diamond Bar
Assessment District No. 39 for fiscal year 2005-06. Said proposed assessment per lot
is the amount of $130.00, the same amount which was levied in fiscal year 2004-05.
6. This Council hereby fixes 7:00 p.m. on July 5, 2005 in the South Coast Air
Quality Management District Auditorium, 21825 Copley Drive, Diamond Bar, California,
as the time and place for a hearing before this Council on this question of the levy of the
proposed assessments on assessable lots with City of Diamond Bar Assessment
District No. 39 for fiscal year 2005-06 and hereby gives notice of said hearing.
t to a petition signed by the persons owning all of the parcels subject to the assessment
K
at the time the assessment was initially imposed and that the assessments are exempt
from the requirements of Article XIIID, Section 4 of the California Constitution.
7. The City Council hereby determines and declares that the proposed
assessments constitute a continuation of assessments existing on the effective date of
Article XIIID of the California Constitution, that the assessments are imposed pursuant
8. The City Clerk shall:
(a) Certify to the adoption of this Resolution; and
(b) Cause a true and correct copy of this Resolution to be published pursuant to
California Government Code § 6061.
PASSED, ADOPTED AND APPROVED this 7t" day of June, 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 the 7t" day of June, 2005, by the
following Roll Call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
Linda C. Lowry, City Clerk
City of Diamond Bar
3
ENGINEER'S REPORT
Update of
ASSESSMENT DISTRICT NO. 39
Fiscal Year 2005-06
CITY OF DIAMOND BAR
Preliminary: June 7, 2005
Prepared by:
GFB-FRIEDRICH & ASSOC., INC.
6529 Riverside Avenue, Suite 230
Riverside, CA 92506
(951)781-0811
TABLE OF CONTENTS
INTRODUCTION
BOUNDARIES OF DISTRICT
IMPROVEMENTS
Landscaping
FINANCIAL ANALYSIS
Revenue
Appropriations
METHOD OF APPORTIONMENT
ASSESSMENT
ASSESSMENT ROLL
EXHIBITS
Exhibit "A-2" - Assessment Diagram
Exhibit "B-2" - Improvement Map
Paqe
1
2
3
4
6
7
8
INTRODUCTION
Pursuant to the order of the City Council of the City of Diamond Bar, this report is
prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and
Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the
State of California.
This report presents the engineering analysis for the 2005-06 Fiscal Year for the district
known as:
ASSESSMENT DISTRICT NO. 39
CITY OF DIAMOND BAR
(Hereinafter referred to as "District")
This District, by special benefit assessments, provides funding for the maintenance of
landscaped areas owned by the City of Diamond Bar which are located in public rights-
of-way within the City of Diamond Bar.
Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be
levied according to benefit rather than according to assessed value. The section states:
"The net amount to be assessed upon lands within an assessment district may
be apportioned by any formula or method which fairly distributes the net amount
among all assessable lots or parcels in proportion to the estimated special
benefits to be received by each such lot or parcel from the improvements.
The determination of whether or not a lot or parcel will benefit from the
improvements shall be made pursuant to the Improvement Act of 1911 (Division
7 (commencing with Section 5000)) [of the Streets and Highways Code, State of
California]."
As the assessments are levied on the basis of benefit, they are considered a user's fee,
not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution.
Properties owned by public agencies, such as a city, county, state or the federal
government, are not assessable under pre -Prop 218 law.
Assessment District No. 39
Engineer's Report — FY 2005-2006
BOUNDARIES OF DISTRICT
The boundary of the District is shown on the Assessment Diagram (on file in the office
of the City Clerk at the City Hall of Diamond Bar as Exhibit "A-2"). All parcels of real
property included within the District are described in detail on maps on file in the Los
Angeles County Assessor's office.
Assessment District No. 39 2
Engineer's Report — FY 2005-2006
IMPROVEMENTS
The facilities and items of servicing and maintenance included within the District are as
follows:
Landscaping
Servicing means the furnishing of water for the irrigation of any landscaping, the
operation of any fountains, or the maintenance of any other improvements.
Maintenance means the furnishing of services and materials for the ordinary and usual
maintenance, operation and servicing of any improvement, including:
Repair, removal or replacement of all or any part of any landscape improvement.
2. Providing for the life, growth, health and beauty of landscaping, including without
limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for
disease or injury.
3. The removal of trimmings, rubbish, debris and other solid waste.
The purpose of Assessment District No. 39 is for the maintenance and servicing of mini -
parks, slopes and open spaces within the District. Exhibit "B-2," attached hereto, shows
the location and extent of the landscaping improvements to be maintained by the
proceeds from this assessment district.
Assessment District No. 39
Engineer's Report — FY 2005-2006
FINANCIAL ANALYSIS
The estimated funding for maintenance and servicing of landscaping for the update of
Assessment District No. 39 for the 2005-06 Fiscal Year is as follows:
2005-06
Recommended Budget
RPvinm iP-
Appropriation Fund Balance (from FY 2004-05) $131,808
Property Tax and Assessments $164,190
Interest Revenue 4,000
TOTAL $299,998
Appropriations:
Personal Services
Salaries
$16,500
City Paid Benefits
250
Retirement
3,000
Worker's Compensation Expense
670
Short/Long Term Disability
100
Medicare Expense
250
Cafeteria Benefits
2,900
Operating Expenses
Advertising
1,000
Utilities
63,400
Maintenance -Grounds & Bldg.
15,000
Professional Services
7,000
Contract Services
Contract Services
127,756
Weed/Pest Abatement
25,000
Capital Outlays
Miscellaneous Equipment
35,000
Transfer to CIP Fund
0
Reserve for Future Capital Improvements
2,172
TOTAL $299,998
Includes replacement of 10 irrigation controllers/controller boxes @ $3,300 each.
As funds become available, it is planned to update equipment in each of the district's mini -parks.
Plans and Specifications
Assessment District No. 39 4
Engineer's Report — FY 2005-2006
Plans and specifications showing the general nature, location and extent of any
proposed improvements are on file in the office of the City Clerk and available for public
inspection.
Assessment District No. 39 5
Engineer's Report — FY 2005-2006
METHOD OF APPORTIONMENT
The net amount to be assessed upon lands within the District in accordance with this
report is apportioned by a formula and method which fairly distributes the amount
among all assessable lots or parcels in proportion to the estimated benefits to be
received by each lot or parcel from the improvements, namely the maintenance and
servicing of public landscaping improvements within such District. The maintenance
and servicing of public landscaping improvements installed and constructed in public
places in the City of Diamond Bar provides a special benefit which is received by each
and every lot or parcel within the District, tending to enhance their value.
The primary benefits of landscaping are as set forth below:
1. Beautification of the streets which are used by all of the residents in Diamond
Bar.
2. Public parks which can be utilized and enjoyed by all residents within the District.
3. A sense of community pride resulting from well-maintained green spaces.
4. The enhancement of the value of property which results from the foregoing
benefits.
Existing land use information indicates that all of the parcels within the District are
residences. Because the special benefits derived apply equally to all residents and
parcels, it has been determined that all assessable parcels would receive the same net
assessment.
Assessment District No. 39 6
Engineer's Report — FY 2005-2006
ASSESSMENT
The amount to be assessed upon the lots and parcels within the District and the amount
apportioned to each assessable parcel within the District is shown in the table below.
Estimated Assessment Requirements:
$164,190
Estimated Number of Parcels:
1,263
Estimated Assessment Per Parcel: $ 130.00
2004-05 Assessment Per Parcel:
$ 130.00
2005-06 Assessment Per Parcel:
$ 130.00
Difference:
$ 0.00
Assessment District No. 39 %
Engineer's Report — FY 2005-2006
ASSESSMENT ROLL
The individual 2005-06 assessments, tabulated by Assessor's parcel number, are
shown on an Assessment Roll on file in the Office of the City Clerk of the City of
Diamond Bar as Exhibit "C" and are made a part of this report by reference. (The
Assessment Roll is not included in this report due to its volume.)
Dated:
FESS/q�,,
FR/FO F
No. C27861
{ Exp. 3/31 /O6
s� CIVIL �P
CF CA1-�F
Assessment District No. 39
Engineer's Report — FY 2005-2006
, 2005
M
GFB-FRIEDRICH & ASSOC., INC.
JOHN A. FRIEDRICH
EXHIBITS
Assessment District No. 39
Engineer's Report — FY 2005-2006
Agenda # 6.12(c)
Meeting Date: June 7, 2005
CITY COUNCIL CoRPOR � AGENDA REPORT
j98q
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR TO DECLARE THE CITY'S INTENTION TO
LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE
DISTRICT NO. 41 AND DIRECT THE CITY CLERK TO
ADVERTISE THE PUBLIC HEARING BEFORE THE COUNCIL
AT THE JULY 5, 2005 REGULAR MEETING.
RECOMMENDATION:
Approve.
FINANCIAL SUMMARY:
There will be no impact on the City's General Funds. As shown on the attached
Engineer's Report, the $122,157 of assessment generated by this District is proposed to
pay for the operation, maintenance costs, and Capital Improvements budgeted in
special fund No. 141.
BACKGROUND/DISCUSSION:
The attached Engineer's Report for the City's Landscaping Assessment District Number
41, which is prepared pursuant to provisions of the Landscaping and Lighting Act of
1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of
California, includes authority for the report, estimated costs of improvements, a diagram
for the District and the assessments.
The estimated number of parcels within the District is 554 parcels. The amount
assessed upon the lands within District Number 41 for Fiscal Year 2004-2005 was
$220.50 per parcel. The amount to be assessed for Fiscal Year 2005-2006 is to remain
at $220.50 per parcel. The assessments will be utilized towards the general
maintenance of mini parks, slopes, and open space areas within District 41.
The proposed assessment has been determined to be exempt from the provisions of
Proposition 218 as set forth in section 5 (b): Any assessment imposed pursuant to a
petition signed by the persons owning all of the parcels subject to the assessment at the
time the assessment is initially imposed.
Prepared By:
Sharon Gomez, Senior Management Analyst
REVIEWED BY:
David G. Liu
Director of Public Works
Attachments: Resolution No. 2005 -XX
Engineer's Report
James DeStefano
Assistant City Manager
it
RESOLUTION NO. 2005 -XX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND
BAR TO DECLARE THE CITY'S INTENTION TO LEVY AND COLLECT
ASSESSMENTS FOR LANDSCAPE DISTRICT NO. 41 AND DIRECT
THE CITY CLERK TO ADVERTISE THE PUBLIC HEARING BEFORE
THE COUNCIL AT THE JULY 5, 2005 REGULAR MEETING.
A. RECITALS.
(i) Heretofore the City of Diamond Bar Assessment District No. 41 was created
pursuant to Part 2 of Division 15 of the California Streets and Highways Code (§§
22500, et. seq.).
(ii) The City Engineer has prepared, filed with the City Clerk and presented to
this Council a report relating to said assessment district pursuant to the provisions of the
California Streets and Highways Code § 22623.
(iii) No substantial changes in existing improvements are proposed for said
Assessment District No. 41.
(iv) All legal prerequisites to the adoption of this Resolution have occurred.
B. RESOLUTION.
NOW, THEREFORE, THE City Council of the City of Diamond Bar does hereby
find, determine and resolve as follows:
1. The Recitals as set forth in Part A of this Resolution, are in all respects
true and correct.
2. The above-described report submitted by the City Engineer relating to City
of Diamond Bar Assessment District No. 41 is hereby approved as filed.
3. This Council hereby declares its intention to levy and collect assessments
during fiscal year 2005-06 pursuant to Part 2 of Division 15 of the Streets and Highways
Code of the State of California, known as the "Landscaping and Lighting Act of 1972,"
within that area designated "City of Diamond Bar Assessment District No. 41," as shown
on Exhibit "A-3" attached hereto and incorporated herein by reference.
1
4. A general description of the improvements proposed for the
aforementioned district is as follows:
The maintenance and servicing of landscaping and any facilities which are
appurtenant thereto or which are necessary or convenient for the maintenance
and servicing thereof, including but not limited to, repair, removal or replacement,
grading, clearing, removal of debris, pruning, fertilization, pest control and weed
control, and the installation or construction of appurtenant facilities, including
curbs, gutters, walls, sidewalks or paving, or water, irrigation, drainage, or
electrical facilities. Said maintenance and servicing of the landscaping and
installation, maintenance and servicing of related work shall be within the area of
Assessment District No. 41 as shown on Exhibit "A-3." The location and type of
improvement is shown on Exhibit "B-3," as attached hereto and incorporated
herein by reference."
5. Reference is hereby made to the report of the City Engineer relating to the
said assessment district hereinabove approved. Said report is on file with the City Clerk
of the City of Diamond Bar and contains a full and detailed description of the
improvements, the boundaries of the assessment district and contains the proposed
assessments upon assessable lots and parcels of land within City of Diamond Bar
Assessment District No. 41 for fiscal year 2005-06. Said proposed assessment per lot
is the amount of $220.50, the same amount which was levied in fiscal year 2004-05.
6. This Council hereby fixes 7:00 p.m. on July 5, 2005 in the South Coast Air
Quality Management District Auditorium, 21825 Copley Drive, Diamond Bar, California,
as the time and place for a hearing before this Council on this question of the levy of the
proposed assessments on assessable lots with City of Diamond Bar Assessment
District No. 41 for fiscal year 2005-06 and hereby gives notice of said hearing.
2
7. The City Council hereby determines and declares that the proposed
assessments constitute a continuation of assessments existing on the effective date of
Article XIIID of the California Constitution, that the assessments are imposed pursuant
to a petition signed by the persons owning all of the parcels subject to the assessment
at the time the assessment was initially imposed and that the assessments are exempt
from the requirements of Article XIIID, Section 4 of the California Constitution.
8. The City Clerk shall:
(a) Certify to the adoption of this Resolution; and
(b) Cause a true and correct copy of this Resolution to be published
pursuant to California Government Code § 6061.
PASSED, ADOPTED AND APPROVED this 7th day of June, 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 the 7" day of June, 2005, by the
following Roll Call vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAINED:
COUNCIL MEMBERS:
ATTEST:
Linda C. Lowry, City Clerk
City of Diamond Bar
3
ENGINEER'S REPORT
Update of
ASSESSMENT DISTRICT NO. 41
Fiscal Year 2005-06
CITY OF DIAMOND BAR
Preliminary: June 7, 2005
Prepared by:
GFB-FRIEDRICH & ASSOC., INC.
6529 Riverside Avenue, Suite 230
Riverside, CA 92506
TABLE OF CONTENTS
INTRODUCTION
BOUNDARIES OF DISTRICT
IMPROVEMENTS
Landscaping
FINANCIAL ANALYSIS
Revenue
Appropriations
METHOD OF APPORTIONMENT
ASSESSMENT
ASSESSMENT ROLL
EXHIBITS
Exhibit "A-3" - Assessment Diagram
Exhibit "B-3" - Improvement Map
Paqe
1
2
3
4
6
7
8
INTRODUCTION
Pursuant to the order of the City Council of the City of Diamond Bar, this report is
prepared in compliance with the requirements of Article 4, Chapter 1, Landscaping and
Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the
State of California.
This report presents the engineering analysis for the 2005-06 Fiscal Year for the district
known as:
ASSESSMENT DISTRICT NO. 41
CITY OF DIAMOND BAR
(Hereinafter referred to as "District")
This District, by special benefit assessments, provides funding for the maintenance of
landscaped areas owned by the City of Diamond Bar which are located in public rights-
of-way within the City of Diamond Bar.
Section 22573, Landscaping and Lighting Act of 1972, requires assessments to be
levied according to benefit rather than according to assessed value. The section states:
"The net amount to be assessed upon lands within an assessment district may
be apportioned by any formula or method which fairly distributes the net amount
among all assessable lots or parcels in proportion to the estimated special
benefits to be received by each such lot or parcel from the improvements.
The determination of whether or not a lot or parcel will benefit from the
improvements shall be made pursuant to the Improvement Act of 1911 (Division
7 (commencing with Section 5000)) [of the Streets and Highways Code, State of
California]."
As the assessments are levied on the basis of benefit, they are considered a user's fee,
not a tax, and, therefore, are not governed by Article XIIIA of the California Constitution.
Properties owned by public agencies, such as a city, county, state or the federal
government, are not assessable under pre -Prop 218 law.
Assessment District No. 41
Engineer's Report — FY 2005-2006
BOUNDARIES OF DISTRICT
The boundary of the District is shown on the Assessment Diagram (on file in the office
of the City Clerk at the City Hall of Diamond Bar as Exhibit "A -Y). All parcels of real
property included within the District are described in detail on maps on file in the Los
Angeles County Assessor's office.
Assessment District No. 41 2
Engineer's Report — FY 2005-2006
IMPROVEMENTS
The facilities and items of servicing and maintenance included within the District are as
follows:
Landscaping
Servicing means the furnishing of water for the irrigation of any landscaping, the
operation of any fountains, or the maintenance of any other improvements.
Maintenance means the furnishing of services and materials for the ordinary and usual
maintenance, operation and servicing of any improvement, including:
1. Repair, removal or replacement of all or any part of any landscape improvement.
2. Providing for the life, growth, health and beauty of landscaping, including without
limitation, cultivation, irrigation, trimming, spraying, fertilizing, or treating for
disease or injury.
3. The removal of trimmings, rubbish, debris and other solid waste.
The purpose of Assessment District No. 41 is for the maintenance and servicing of mini -
parks, slopes and open spaces within the District. Exhibit "B-3," attached hereto, shows
the location and extent of the landscaping improvements to be maintained by the
proceeds from this assessment district.
Assessment District No. 41 3
Engineer's Report — FY 2005-2006
FINANCIAL ANALYSIS
The estimated funding for maintenance and servicing of landscaping for the update of
Assessment District No. 41 for the 2005-06 Fiscal Year is as follows:
5,000
RPvinm iP-
Appropriation Fund Balance (from FY 2004-05)
98,653
Property Tax and Assessments
122,157
Interest Revenue
TOTAL
Appropriations:
Personal Services
Salaries
City Paid Benefits
250
Retirement
3,000
Worker's Compensation Expense
670
Short/Long Term Disability
Medicare Expense
250
Cafeteria Benefits
2,900
Operating Expenses
Advertising
1,000
Utilities
Maintenance -Grounds & Bldg
Professional Services
7,000
Contract Services
Contract Services
38,964
Weed/Pest Abatement
Capital Outlays
Miscellaneous Equipment
Capital Improvements **
Assessment District No. 41
Engineer's Report — FY 2005-2006
4
2005-06
Recommended Budget
$
$ 225,810
$ 16,500
100
74,380
10,000
25,000
F, Ed 11
1,296
0
Reserve for Future Capital Improvements
TOTAL $ 225,810
* Includes replacement of 15 irrigation controllers/controller boxes @ $3,500 each.
** No Capital Improvements this Fiscal Year.
Plans and Specifications
Plans and specifications showing the general nature, location and extent of the
proposed improvements are on file in the office of the City Clerk and available for public
inspection.
Assessment District No. 41 5
Engineer's Report — FY 2005-2006
METHOD OF APPORTIONMENT
The net amount to be assessed upon lands within the District in accordance with this
report is apportioned by a formula and method which fairly distributes the amount
among all assessable lots or parcels in proportion to the estimated benefits to be
received by each lot or parcel from the improvements, namely the maintenance and
servicing of public landscaping improvements within such District. The maintenance
and servicing of public landscaping improvements installed and constructed in public
places in the City of Diamond Bar provides a special benefit which is received by each
and every lot or parcel within the District, tending to enhance their value.
The primary benefits of landscaping are as set forth below:
1. Beautification of the streets which are used by all of the residents in Diamond
Bar.
2. Public parks which can be utilized and enjoyed by all residents within the District.
3. A sense of community pride resulting from well-maintained green spaces.
4. The enhancement of the value of property which results from the foregoing
benefits.
Existing land use information indicates that all of the parcels within the District are
residences. Because the special benefits derived apply equally to all residents and
parcels, it has been determined that all assessable parcels would receive the same net
assessment.
Assessment District No. 41 6
Engineer's Report — FY 2005-2006
ASSESSMENT
The amount to be assessed upon the lots and parcels within the District and the amount
apportioned to each assessable parcel within the District is shown in the table below.
Estimated Assessment Requirements:
$122,157
Estimated Number of Parcels:
Estimated Assessment Per Parcel:
2004-05 Assessment Per Parcel:
$ 220.50
2005-06 Assessment Per Parcel:
$ 220.50
Difference:
$ 0.00
ASSESSMENT ROLL
554
$ 220.50
The individual 2005-06 assessments, tabulated by Assessor's parcel number, are
shown on an Assessment Roll on file in the Office of the City Clerk of the City of
Diamond Bar as Exhibit "C" and are made a part of this report by reference. (The
Assessment Roll is not included in this report due to its volume.)
Dated:
Wo
No. 027861
Exp. 3/31/06
sy CIVIL �P
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1
, 2005
Assessment District No. 41 %
Engineer's Report — FY 2005-2006
GFB-FRIEDRICH & ASSOC., INC.
JOHN A. FRIEDRICH
EXHIBITS
Agenda # 6.13
Meeting Date: June 7, 2005
CITY COUNCIL AGENDA REPORT
r`�oaroaT�o
j989
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: APPROVE THE REIMBURSEMENT OF $41,000 TO WASTE
MANAGEMENT FOR SPECIALIZED ELECTRONIC WASTE
RECYCLING SERVICES RELATING TO THE CALIFORNIA
INTEGRATED WASTE MANAGEMENT BOARD'S HOUSEHOLD
HAZARDOUS WASTE 12TH CYCLE REGIONAL GRANT
PROGRAM
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
There is no fiscal impact to the General Fund. The FY 2004/05 Integrated Waste
Management Fund budget includes $45,000, from the California Integrated
Waste Management Board's Household Hazardous Waste 12th Cycle Regional
Grant Program, for the regional electronic waste (e -waste) recycling services.
The outstanding amount due for the e -waste services performed by Waste
Management's subcontractor, Curbside, Inc., totals approximately $41,000 for
the period of January 2005 through June 2005.
BACKGROUND/DISCUSSION:
In September 2003, the City of Diamond Bar received a Household Hazardous
Waste Regional Grant, in the amount of $300,000, to be paid on a
reimbursement basis over a three-year period beginning October 2003 and
ending May 2006.
The Household Hazardous Waste 12th Cycle Regional Grant Program began in
the fall of 2003. As the primary applicant and recipient of the grant award,
Diamond Bar was designated as the lead agency for all educational and
collection efforts for the participating cities of La Verne, Pomona, San Dimas, and
Walnut.
Due to the specialized, niche market recycling/collection services necessary for
the program's success, the cities utilized Waste Management's existing
household hazardous waste and electronic waste collector/recycler, Curbside,
Inc.
For FY 2004/05, the grant activities conducted by the aforementioned cities
included:
• Holiday At -Home Collection Program in December 2004/January 2005
• Earth Day Drop-off Event in April 2005
The total expenditure incurred by Curbside/Waste Management is approximately
$41,000. At this time, it is requested that the City Council approve the
reimbursement as these activities fall within the current budget.
For FY 2005/06, the grant program schedule is tentatively set as follows:
• America Recycles Day Drop-off Event in November 2005
• Holiday At -Home Collection Program in December 2005/January 2006
• Earth Day Drop-off Event in April 2006
PREPARED BY:
Javier Peraza, Management Analyst
REVIEWED BY:
David G. Liu
Director of Public Works
Page 2 of 2
Jim DeStefano
Assistant City Manager
Agenda # 6.14
Meeting Date: June 7, 2005
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Establishment of the Industry Business Center Sub -Committee (Zirbes/O'Connor).
RECOMMENDATION:
It is recommended that the City Council establish the Industry Business Center Sub -Committee
consisting of Mayor Pro Tem O'Connor and Councilmember Bob Zirbes
FINANCIAL IMPACT:
There is no financial implication associated with this action.
BACKGROUND:
At the last City Council meeting, Councilmember O'Connor requested the City Council establish a sub-
committee to work with residents near the Industry Business Center development. At that time, the
Council agreed that the item should be scheduled for consideration at the next Council meeting.
Mayor Chang has recommended that the Sub -Committee be comprised of Mayor Pro Tem O'Connor
as Sub -Committee Chair and Councilmember Bob Zirbes.
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Introduce Ordinance No. 05(2005) amending Title 15 of the Diamond Bar
Municipal Code (Electrical Code) and adopt Resolution No. 2005 -XX.
RECOMMENDATION:
Approve first reading by title only and waive full reading of Ordinance No. XX(2005), set
a second reading for June 21, 2005 and adopt Resolution No. 2005 -XX
BUDGET IMPLICATION:
None.
BACKGROUND:
Every three years, the State of California reviews various Model Building Code
regulations and typically adopts the most current California Building Code printed by the
International Conference of Building Officials (ICBG) The code most recently adopted by
the State is the "California Electrical Code," 2004 Edition and all appendices thereto.
Local jurisdictions are required to adopt these codes by ordinance or they will
automatically be adopted by operation of law. The State allows local municipalities to
amend The California Electrical Code to meet the unique climatic, geographical, and
topographical conditions of a City. The most significant technical changes are
summarized below:
DISCUSSION:
Proposed is an Ordinance amending Title 15 of the Municipal Code of the City of
Diamond Bar. Staff has also provided a Resolution making express findings and
determinations that modifications to the Electrical Code are reasonably necessary
because of the local climatic, geological, or topographical conditions.
CITY ADOPTION:
In September 2002, the City of Diamond Bar City Council adopted the 2001 California
Building Codes to meet state mandates. Since then, the State has adopted the most
current Electrical Code printed by the International Conference of Building Officials.
During the Sate adoption certain process, changes and omissions occurred. These
changes and omissions are enclosed in the 2004 edition of the above referenced code.
In February of this year, the State of California adopted the 2004 code, which allowed
local cities, by law, 180 days to follow suit if those cities intend to modify their codes.
This year, local cities have until August 2005 to amend the 2004 State Code.
The Code amendments are as follows:
Section 110-14 is amended to read: "no aluminum conductor smaller than No. 4 AWG
shall be used. Whenever any aluminum is utilized as herein permitted, the applicant
shall be required to obtain, at applicant's expense, a separate Certificate of Inspection
from a special inspector authorized by law to provide such inspections; no certificate of
inspection shall be issued until after the on-site inspection."
This section reduces the use of aluminum wiring due to incidents of electrical house
fires during the past seventeen years.
305-3(b) Time Constraints is amended to read: "ani 30 days. Temporary electrical
power and lighting installations shall be permitted for a period not to exceed 90 days
30 days for Christmas decorative lighting and similar purposes."
The section reduces the time frame for the removal of all decorative exterior wiring and
Christmas lighting.
334-10 (a) Type NM is amended to read: "Type NM cable shall be permitted for both
exposed concealed work in normally dry locations. It shall be permissible to install or
fish Type NM cable in air voids in masonry block or tile walls where such walls are not
exposed or subject to excessive moisture or dampness."
334-10 (b) Type NMC is amended to read: "Type NMC cable shall be permitted: (1) for
beth exposed and GenGeale , work in dry, moist, damp, or corrosive locations; (2) in
outside and inside walls of masonry block or tile; (3) in a shallow chase in masonry,
concrete, or adobe protected against nails or screws by a steel plate at least 1/16 inch
(1.59 mm) thick and covered with plaster, adobe, or similar finish."
The two changes above will help eliminate damage to nonmetallic cable in locations
subject to damage due to weather, ultra -violet light, or personal use (i.e. garages, attics,
under exterior soffits, under open -roofed patios).
Article 336-4. Uses not Permitted.
336-4 (a) Type NM or NMC. "Types NM and NMC cables shall not be used: in any
dwelling or structure exceeding three floors above grade: (2) as service entrance cable;
(3) in commercial garages having hazardous (classified) locations as provided in
Section 511-3; (4);T theaters and similar IsEat+en eXGeptas provided on ArtiGle 581;
PlaGes of Assembly; (5) On motions PiGtYre studies; (6) On storage battery rooms; (7)
an hazardous (Glassified) IGGatien eXGept as permitted by SeGtien 501 4(b), ,
and 5�2-0 and industrial buildings. For the purpose of this article, the first floor of a
building shall be that floor that has fifty percent or more of the exterior wall surface area
level with or above finished grade. One additional level that is the first level and not
designed for human habitation and used only for vehicle parking, storage, or similar use
shall be permitted. "
In many cases, the Building Department has encountered damage to nonmetallic -
sheathed cable during inspections of commercial tenant improvements. Most of the
damage is due to the use of steel studs, mandated by the Building Code. The original
article contained many exceptions to commercial use already; however the change
above will broaden the safety net to include office type uses.
Table 300-5. "Minimum Cover Requirements, 0 to 600 Volts, Nominal, Burial in Inches
(Cover is defined as the shortest distance measured between a point on the top surface
of any direct buried conductor, cable, conduit or other raceway and the top surface of
finished grade, concrete, or similar cover.) All conductors, cables, conduits, or other
raceway used for one -and two family dwelling driveways and parking areas, and used
for no other purpose, shall be buried no less than 24 inches below finished grade. "
Due to the expansive -type soil throughout Diamond Bar, it is necessary to add six
additional inches to bury electrical wiring under one -and -two family dwelling driveways
and parking areas. This change is reflected above.
A response from the Building Industry Association (B.I.A.) was received indicating that
proposed amendments to the Uniform Electrical Code were minor in nature and would
not have an impact on the building industry.
The Fire Department has received and reviewed the proposed California Building Code
amendments and has determined that the amendments will not negatively impact the
Fire Code.
Prepared By
Dennis A. Tarango, Building Official Jim De Stefano, Deputy City Manager
Attachment: 1. Draft Ordinance No. XX (2005)
2. Draft Resolution No. 2005 -XX
ORDINANCE NO. XX (2005)
AN ORDINANCE OF THE CITY OF DIAMOND BAR AMENDING TITLE 15 OF THE
DIAMOND BAR CODE ADOPTING, BY REFERENCE, THE "CALIFORNIA
ELECTRICAL CODE," 2004 EDITION AND THE APPENDICES THERETO,
TOGETHER WITH CERTAIN AMENDMENTS, ADDITIONS, DELETIONS AND
EXCEPTIONS INCLUDING FEES AND PENALTIES.
A. Recitals.
(i) Section 17922 of the California Health & Safety Code mandates the
adoption, by reference, of the uniform code.
(ii) At least one copy of the code identified in this Ordinance and certified
as full, true and correct copy thereof by the City Clerk of the City of
Diamond Bar have been filed in the office of the City Clerk of the City
of Diamond Bar in accordance with the provisions of California
Government Code § 50022.6
(iii) All legal prerequisites to the adoption of this Ordinance have occurred.
B. Ordinance.
NOW, THEREFORE, the City Council of the City of Diamond Bar does
hereby find, determine and ordain as follows:
Section 1:
Ordinance No. XX 2005 as hereby adopted, hereby is repealed as of the
operative data of this ordinance, provided, however, that said repeal shall
not apply to or excuse any violation thereof occurring prior to the effective
date of this Ordinance and provided further that California code as
adopted therein by reference and amended by Ordinance No. XX 2005
of the City of Diamond Bar shall continue to be applicable to construction
wherein plans have been submitted for plan check as of the effective date
of this Ordinance so long as the initial permit therefore is issued not later
than ninety (90) days after the effective date of this Ordinance.
Section 2:
"Division 6 of Chapter 15.00 of the Diamond Bar City Code is amended to
read, in words and figures, as follows:
Division 6. Electrical Code
"Sections:
"15.00.910 California Electrical Code — Adopted.
15.00.920 Amendments
Articles 89 and 90 — Deleted
Section 110-14 — Amended
Section 305-3(b) - Amended
Section 334-10(a) and (b) — Amended
Section 334-12(a) — Amended
Table No. 300.5 — Amended
15.00.930 Penalties — Added.
"15.00.910 California Electrical Code — Adopted.
Except as hereinafter provided, the 2004 Edition of the California
Electrical Code (Part 3 of Title 24 of the California Code of Regulations),
including appendices thereto, which incorporates the National Electrical
Code, 2004 Edition, published by the National Fire Protection Association,
is hereby adopted by reference with the same force and effect as though
set forth herein in full and shall constitute the Electrical Code of the City. A
copy of such Code has been deposited in the office of the City Clerk and
shall be, at all times, maintained by the Clerk for use and examination by
the public.
"15.00.920 Amendments
Notwithstanding the provisions of Section 15.00.920, the California
Electrical Code is amended as follows:
"15.00.920 Articles 89 and 90 — Deleted
"Articles 89 and 90 of the California Electrical Code hereby are
deleted, in their entirety. All administrative, permitting and related
requirements of said Articles of the California Electrical Code shall be
governed by Division 2 of this Chapter.
Section 110-14 — Amended
"Section 110-14 of the California Electrical Code, 2004 Edition,
allowing the used of aluminum conductors shall be amended to read that
no aluminum conductor smaller than No. 4 AWG shall be used. Whenever
any aluminum is utilized as herein permitted, the applicant shall be
required to obtain, at applicant's expense, a separate Certificate of
Inspection from a special inspector authorized by law to provide such
inspections; no certificate of inspection shall be issued until after the on-
site inspection.
Section 305-3(b) — Amended
"Section 305-3(b) of the California Electrical Code, 2004 Edition, is
hereby amended to read: 30 Days. Temporary electrical power and
lighting installations shall be permitted for a period not to exceed 30 days
for Christmas decorative lighting and similar purposes.
Section 334-10(a) —Amended
"Section 334.10(a) of the California Electrical Code, 2004 Edition, is
hereby amended to read, in words and figures as follows:
"Section 334.10 (a) Type NM cable shall be permitted for concealed
work in normally dry locations. It shall be permissible to install or fish Type
NM cable in air voids in masonry block or tile walls where such walls are
not exposed or subject to excessive moisture or dampness.
"Section 334.10 (b) Type NMC cable shall be permitted: (1) for work
in dry, moist, damp, or corrosive locations; (2) in outside and inside walls
of masonry block or tile; (3) in a shallow chase in masonry, concrete, or
adobe protected against nails or screws by a steel plate at least 1/16 inch
(1.59 mm) thick and covered with plaster, adobe, or similar finish.
Section 334-12 (a) — Amended
"Section 334 -12 (a) of the California Electrical Code, 2004 Edition,
is hereby amended to read, in words and figures as follows:
"Section 334 - 12 (a) Types NM and NMC cables shall not be used:
(1) in any dwelling or structure exceeding three floors above grade: (2) as
service entrance cable; (3) in commercial and industrial buildings. For the
purpose of this article, the first floor of a building shall be that floor that has
fifty percent or more of the exterior wall surface area level with or above
finished grade. One additional level that is the first level and not designed
for human habitation and used only for vehicle parking, storage, or similar
use shall be permitted.
Table No. 300.5 — Amended
"Table No. 300-5 of said California Electrical Code, 2004 Edition is
70-114 ARTICLE 300 - WIRING METHODS
hereby amended to read, in words and figures, as follows:
"15.00.930 Penalties for Violation of Division
It shall be unlawful for any person, firm, partnership, or corporation to
violate any provision, or to fail to comply with any of the requirements, of
this Divisions. Any person, firm, partnership, or corporation violating any
provision of this Division or failing to comply with their requirements shall
be deemed guilty of a misdemeanor and upon conviction thereof shall be
punished by a fine not exceeding One Thousand Dollars ($1,000.00) or
by imprisonment not exceeding six (6) months or by both such fine and
imprisonment. Each such person, firm, partnership, or corporation shall
be deemed guilty of a separate offense for each and every day or any
portion thereof during which any violation is committed, continued or
permitted by such person, firm, partnership or corporation, and shall be
deemed punishable therefore as provided in this Division.
Section 3:
This ordinance shall be effective upon adoption and shall become
operative on this day of , 2005
PASSED, ADOPTED AND APPROVED this day of 2005.
RESOLUTION NO. 2005 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
MAKING EXPRESS FINDINGS AND DETERMINATIONS THAT
MODIFICATIONS TO THE CALIFORNIA ELECTRICAL CODE, AS ADOPTED
BY ORDINANCE NO. 09 (2005) ARE REASONABLY NECESSARY BECAUSE
OF LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS.
A. Recitals.
(i) California Health and Safety Code Section 17922 requires all cities to
adopt, as the City Building Standards Code, the State Building Standards Code
adopted pursuant to the provisions of Chapter 4 of Part 2.5 of Division 13 of the
California Health and Safety Code.
(ii) Section 17958.5 of the California Health and Safety Code provides, in
pertinent part, as follows:
"...a city or county may make such changes or modifications in the requirements
contained in the provisions published in the State Building Standards Code and
the other regulations adopted pursuant to Section 17922 as it determines,
pursuant to the provisions of Section 17958.7, are reasonably necessary
because of local climatic, geological or topographical conditions."
(iii) Prior to making the modification permitted under Section 17958.5 of
the California Health and Safety Code, this Council is required to make an
express finding that such modifications or changes are reasonably necessary.
(iv) This Council desires to amend the provisions of Section 110-14, 305-
3(b), 334-10(a) and (b), Section 334-12(a) and Table No. 300.5 of the "California
Electrical Code", 2004 Edition.
(v) All legal prerequisites to the adoption of this Resolution have occurred.
B. Resolution.
NOW, THEREFORE, be it found, determined and resolved as follows:
In all respects as set forth in the Recitals, Part A, of this Resolution.
2. This Council does hereby expressly find and determine that the
amendments set forth in Ordinance No. 09 (2005), amending Sections 110-
14, 305-3(b), 334-10(a) and (b), 334-12(a) and Table No. 300.5 of the
"California Electrical Code", 2004 Edition, are reasonably necessary
because of local climatic, geological or topographical conditions.
3. a. The City of Diamond Bar is located in a seismically active area and is in
close proximity to earthquake fault zones (Whittier fault, south of Tonner
Canyon, Chino Fault passes within one mile of the City's eastern
boundary), and it is reasonably foreseeable that an earthquake would
render the City of Diamond Bar particularly vulnerable to devastation.
Further, the City of Diamond Bar bisected by major freeways, located
primarily in a north -south direction. Substantial number of flood control
facilities additionally exist, as well as freeway overpasses and major
railroad right-of-ways.
b. Because of the above-described geological conditions within the City
and the substantial amount of freeway, railroad and flood control facilities
throughout the community, the City of Diamond Bar, in the event of an
earthquake, may be unable to dispatch an adequate number of fire fighting
personnel and apparatuses to suppress an extended conflagration and
conduct rescue operations. Further, the conditions within Diamond Bar
likewise occur in surrounding communities, thereby rendering mutual aid
options problematic.
c. Additionally, climatic conditions within the community render it extremely
likely that in the event of seasonal high winds and earthquake occuring,
Los Angeles County Fire Department would be unable to combat
numerous fires occuring throughout the community. Therefore protection
of electrical wiring is essential in the above described events and this
protection is magnified in high occupancy buildings.
ADOPTED AND APPROVED this day of, 2005.
Wen Chang, 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 June, 2005 by the
following vote:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ATTEST:
City Clerk of the City of Diamond Bar