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CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
July 19, 2005
Next Resolution No. 2005-46
Next Ordinance No. 10(2005)
STUDY SESSION: 5:00 p.m., Room CC -8
Swim Club Swimming Pool Presentation
Presentation of Library Task Force recommendations regarding the
Diamond Bar Library and discussion of next steps
Public Comments
** In the event that the Study Session Business is not concluded by
6:30 p.m., the Study Session may reconvene at the conclusion of the
Regular Council Meeting Agenda.
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
INVOCATION: Ahmad H. Sakr, Ph.D.,
Islamic Education Center
ROLL CALL: Council Members Herrera, Tanaka, Zirbes,
Mayor Pro Tem O'Connor, Mayor Chang
APPROVAL OF AGENDA: Mayor
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Proclaiming 100 Years of Parole
1.2 Starshine Park Improvement Project Presentation
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
JULY 19, 2005 PAGE 2
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 Candidate Filing Period — Monday, July 18, 2005 to August 12, 2005 for
the November 8, 2005 City Council Election.
5.2 CONCERTS IN THE PARK Byran Lyon Jones (Country) — July 20, 2005 —
6:30 — 8:00 p.m., Sycamore Canyon Park, 22930 Golden Spgs. Dr.
5.3 PLANNING COMMISSION MEETING- July 26, 2005 — 7:00 p.m.,
Auditorium, AQMD/Government Center, 21865 Copley Dr.
5.4 CONCERTS IN THE PARK Over -Reactors (80's) — 6:30 — 8:00 p.m.,
Sycamore Canyon Park, 22930 Golden Spgs. Dr.
5.5 PARKS AND RECREATION COMMISSION MEETING — 7:00 p.m.,
Hearing Board Room, AQMD/Government Center, 21865 Copley Dr.
5.6 PUBLIC SAFETY COMMITTEE — August 1, 2005 — 7:00 p.m., Diamond
Bar/Walnut Sheriff Station, 21695 E. Valley Blvd., Walnut
5.7 CITY COUNCIL MEETING — August 2, 2005 — 6:30 p.m., Auditorium,
AQMD/Government Center, 21865 Copley Dr.
6. CONSENT CALENDAR:
6.1 Planning Commission Minutes:
6.1.1 Study Session of June 14, 2006 — Receive and File
6.1.2 Regular Meeting of June 14, 2005 - Receive and file.
6.2 Ratification of Check Register — Ratify Check Register dated July 7,
JULY 19, 2005 PAGE 3
2005 in the amount of $343,057.63.
6.3 Approve Second Reading by Title Only, Waiving Full Reading and
Adopt Ordinance No. 09(2005) Amendment No. 1 to Development
Agreement No. 2004-01 between the City and Lewis -Diamond Bar, LLC for
the Diamond Bar Village Project (located at the Southeast Corner
of Grand Ave. at Golden Spgs. Dr.).
Recommended Action: Approve and Adopt.
Requested by: Community Development Division
6.4 Approve Two -Year Contract Extension of Crossing Guard Services
with International Services, Inc. for FY 2005-2006 and 2006-2007 with
a 4.2% ($.42) CPI Hourly Rate Increase.
Recommended Action: Approve
Requested by: Public Works Division
6.5 Adopt Resolution No. 2005 -XX: Confirming Appointment of Specific
Representatives to the San Gabriel Valley Council of Governments.
Recommended Action: Adopt
Requested by: City Manager
6.6 Ratification of Salary Increase for the City Manager.
Recommended Action: Ratify a 4% cost of living adjustment (COLA) as
well as 2% annual salary increase as approved in the 2005-06 Budget
Process.
Requested by: City Council
6.7 Approval of Cost of Living Adjustment (4%) to the Hourly Rates for
City Attorney Services.
Recommended Action: Approve
Recommended by: City Manager
6.8 Approval of Reclassification of the Administrative Assistant Position
in Public Works to Sr. Administrative Assistant.
JULY 19, 2005 PAGE 4
Recommended Action: Approve
Requested by: City Manager
6.9 Authorize Additional $14,000 Payment to Martin and Chapman for
Election Services Related to the June 7, 2005 Election and
Appropriate Necessary Funds from General Fund Reserves
Recommended Action: Approve and appropriate funds
Requested by: City Clerk
6.10 Approval of Amendment No. 5 to Extend License Agreement with
Coca-Cola for Placement of Beverage -Serving Machines in City Parks
from August 1, 2005 through July 31, 2006
Recommended Action: Approve
Requested by: Community Services
6.11 Authorize DH Maintenance, the City's Building Maintenance
Contractor, to Complete an Additional $16,500 of As -Needed Work in
FY 2005-06 and $17,000 of As -Needed Work in FY 2005-06.
Recommended Action: Approve
Requested by: Community Services
7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be heard.
7.1 Public Hearing — Adopt Resolution No. 2005 -XX: a Resolution
Finding the City of Diamond Bar in Conformance with the
Congestion Management Plan Program (CMP) and Adopting the CMP Local
Development Report, in Accordance with California
Government Code Section 65089.
Recommended Action: Adopt.
Requested by: Public Works Division
8. COUNCIL CONSIDERATION:
8.1 Appoint a Traffic and Transportation Commissioner to Replace
Newly Appointed Planning Commissioner Tony Torng.
Recommended Action: Ratify Appointment.
JULY 19, 2005 PAGE 5
Requested by: City Clerk
9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT: The City Council may reconvene the earlier Study Session
and adjourn the Meeting at the conclusion of the Study Session.
City Council Study Session
July 19, 2005
Industry Hills Aquatics Club
Swimming Pool Presentation
Industry Hills Aquatics Club
Swimming Pool Presentation
City Council Study Session
July 19, 2005
Purpose of Study Session Item
This aquatics complex and the relationship with an established aquatics club with
an Olympic style program that goes with it may be a once in a lifetime opportunity
for the City of Diamond Bar. The Industry Hills Aquatics Club needs to determine
if the City Council has an interest in working toward an agreement that could
result in this program and complex coming to Diamond Bar. There are major cost
and space considerations that will need further study, but the Industry Hills
Aquatics Club would like to know if the City of Diamond Bar will attempt to meet
their program and timing needs.
Background
The Industry Hills Aquatics Club has approached the City of Diamond Bar
seeking a partnership to build an aquatics complex in Diamond Bar. This
aquatics club is currently housed in a facility owned and operated by the City of
Industry adjacent to the Pacific Palms Hotel and Golf Course. The City of
Industry is closing the aquatics facility in September 2005 and will be replacing it
with an improvement that has not been identified. To help the Industry Hills
Aquatics Club relocate, the City of Industry has offered them $1.2 million for
construction of a new facility, and a potential $1.2 million loan, if an entity can be
found to secure the loan.
The Industry Hills Aquatics Club has contacted the City of Chino Hills and the
City of La Mirada as well as the City of Diamond Bar. The Diamond Bar location
that has been discussed is Summit Ridge Park, where the baseball field and
lower grass field are currently located. The area needed for the aquatics complex
as proposed is 320'X 240' (76,800 sq. ft.) plus parking for 200 cars. Using an
estimate of 80 cars per acre, 200 cars will require 2.5 acres (108,900 sq ft.). The
total complex, with parking, will require about 185,700 sq ft of land. Summit
Ridge Park, including the lower grass field and the baseball field has about
150,000 sq ft of land. To get the required 185,700 sq ft, it will be necessary to
use about 30 feet of the slope that runs the length of the east side of the park; or
to use on -street parking on the park -side of Summit Ridge Drive adjacent to the
park to meet parking needs. About 60 parked cars can fit on the one side of the
street. Either way, it will be necessary to open the road that is now closed that
enters the park from Summit Ridge Drive. A traffic study will also be necessary to
determine the traffic impacts on the neighborhood adjacent to the park.
The estimated cost to construct this facility, including minor grading only, is about
$5 to $5.5 million. City of Industry will provide $1.2 million and a loan, if secured
by a City or School District of $1.2 million. Terms for re -payment of the loan will
have to be negotiated, but it is expected that the securing party will be
responsible for paying back part of the $1.2 million loan. Using the higher cost
estimate of $5.5 million and subtracting $2.4 million of City of Industry funding
and loan, the balance is $3.1 million. If the City Council changes the priority of
Diamond Bar projects so that all grant and park development money goes toward
the aquatics complex instead of how now appropriated in the 2005/06 FY budget,
total Diamond Bar funds of $3.24 million could be available for the aquatics
project, per the following:
Park Development Fund:
$1,948,823
Prop 12 Grant funds:
$458,062
Prop 40 Grant funds:
$63,044
Prop A Safe Parks Act Grant funds:
$773,000
Total
$3,242,929
Right now, the majority of these funds are appropriated to construct the following
projects:
Sycamore Canyon Park ADA Phase III, Pantera Park
Storeroom/restrooms (with an AYSO donation), Lorbeer artificial field and
Lorbeer restrooms/storage/concession building
There will also be a reserve of Park Development Funds totaling $1,078,029
after constructing the 2005/06 FY projects as listed.
Discussion
The aquatics complex as presented includes a 50 meter pool, 25 yard pool and a
smaller therapy pool. This complex can accommodate Olympic style swim
training and competition, high school swim programs, community swim lessons
and senior exercise programs, infant swim lessons and therapy sessions. It also
includes bleachers for 200 spectators, locker rooms, restrooms, office space,
fitness room and storage.
Annual maintenance and operation costs will total about $700,000. By the third
year of operation, Industry Hills Aquatics Club estimates that annual program
revenues will equal or exceed annual maintenance and operation costs. During
the first and second year, Industry Hills Aquatics Club believes the deficit for
recovering maintenance and operation costs will total $250,000. How this cost
will be funded will need to be negotiated.
There is also a need to develop a capital replacements/repairs fund to
accumulate money that will be used to make future major replacements/repairs.
Industry Hills Aquatics Club believes these funds will be needed in about five to
eight years and will need to total $2 million ($250,000 to $525,000 per year).
These funds will be used to replace or repair heaters, chlorinators, filters, boilers,
HVAC, etc. as they wear out at the pool or support building. The funds for these
replacements/repairs are not included in the annual $700,000 maintenance and
operation costs described in the previous paragraph.
Option for an Aquatics program in Diamond Bar
Staff has talked with representatives from a company called Aquaduks, which
has operated in Anaheim Hills for the past 21 years and is interested in a
public/private partnership with the City of Diamond Bar for the construction of an
aquatics complex. Aquaduks is in the final stages of an agreement with the City
of Anaheim for a new facility that should break ground in December, 2005. The
difference in this option is there would be no 50 meter pool and no Olympic style
swim program. However, it would require only 100 parking spaces and would
have a smaller impact on Summit Ridge Park and the surrounding neighborhood.
Agenda #
Meeting Date: Ju1V 19, 2005
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Library Task Force Recommendations
RECOMMENDATION:
It is recommended that the City Council discuss the recommendations from the Library Task Force
and provide direction to staff on the following items:
1. which, if any, of the proposed Improvements to the existing facility the Council would like to
fund; and
2. placement of a measure on the November 2005 ballot to fund construction of a new 24,000 sq.
ft. facility.
BACKGROUND:
The City has been pursing a new library for several years. To date, the City has expended over
$200,000 in consulting fees, architect and engineering fees, and other miscellaneous costs to secure
State funding for a new library. The City was unsuccessful in receiving any grant funds from the
California Reading and Literacy Improvement and Public Library Construction and Renovation Bond
Act of 2000 (Bond Act). The State has approved Senate Bill 1161 which provides for a new library
bond act to be submitted to the voters in November 2006. If approved by the voters at that time, the
measure would provide for $600 million in construction funds.
DISCUSSION:
In advance of the grant awards for the Bond Act, the City Council created the Library Task Force to
perform the following functions:
1. Review Current status of the City's application for funding
2. Develop Action plan if grant funding is awarded
3. Develop Alternative financing plan if grant funding request fails
4. Identify Short Term/Interim capital improvements to the existing facility
The Task Force met over a few months to discuss the items above. With the City's grant application
failing to receive funds, it is now ready to provide its recommendations to the City Council. At the
time of this report, it is unclear what the recommendations will be as the Task Force is scheduled to
meet on Monday, July 18, 2005. City staff will forward the recommendations of the Task Force from
the July 18th meeting to the City Council.
So as to provide the City Council with information in advance of the study session, this report will
discuss the short term capital projects identified by the Task Force, provide information about placing
a measure on the November ballot to secure construction funds, and discuss other general Library
issues.
LIBRARY TASK FORCE RECOMMENDATIONS
The Library Task Force has identified several capital projects to improve the current facility. The
County has provided cost estimates for the following projects:
Tear out existing glass "typing booths" and replace with computer work stations ($52,600).
This project would demolish walls, doors etc. rewire as needed, plaster paint etc. and
purchase good quality display shelving and signage. Our staff believes it might be cost less
but they wanted to ensure that there are sufficient funds to take care of contingencies and
make it look nice. This would also include six computers- 6 @ $4600 each. Computers fully
loaded with printers, software and hardware security is $3100. We would add $1500 for a
table and chair of good quality. The $3100 is a set price, the furniture would depend on what is
selected. Sometimes the furniture solution is less than $1500
YA area- $10,000 We would like to involve some of the young adults in picking out furniture
and display furniture. We believe this amount would be sufficient.
• Signage - $20,000 to install good interior signage.
The following are additional projects identified by the Task Force that the City has provided cost
estimates:
PLANTS — ($1,500) plus maintenance
Installation of two (2) 32 inch low flower bowl — self watering system. Approximately 3 ft
perennial with annual color plants around the bottom. COST - $650 each plus tax - TOTAL
for 2 including tax $1,407.20
Maintenance - $100 per month includes weekly visits to fill watering system, fertilizing,
trimming. Replace annual color plants at additional costs.
BENCHES AND TABLES ($2400)
Concrete Bench - $850 including delivery and installation
Table with seat benches - $1,500 including delivery and installation (does not include
construction of mounting pads, if required).
Additional projects identified by the Task Force that do not have cost estimates are
• Install two (2) windows along front of building. — This will require hiring a structural engineer
to determine how the installation would impact the structural integrity of the building.
• Installing higher shelving — no cost estimate provided
• Installing more comfortable chairs — no cost estimate provided
• Installing new furniture - no cost estimate provided
• Improving the flooring - no cost estimate provided
• Expand parking by cutting back stairs, concrete ADA ramp - no cost estimate provided.
Again, the recommendations from the Task Force meeting on Monday, July 18th will be forwarded to
the Council at the study session.
NEW LIBRARY CONSTRUCTION:
The City has developed preliminary designs for a 24,000 sq. ft. library to be placed adjacent to the
Diamond Bar Center. The parking lot has already been constructed and utilities have been brought
onsite to accommodate the new facility. At the time the project was submitted for funding through the
California Reading and Literacy Improvement and Public Library Construction and Renovation Bond
Act of 2000 the cost of the project including architectural and engineering fees, furniture, fixture and
equipment, and construction was $10 million. This cost excludes the cost of additional collection
material. Since the submission of the project it is estimated that the cost of construction has
increased 30 to 35% which would result in an increase of $3 million to $3.5 million for a total project
cost of $13 — $13.5 million. It is difficult to estimate the exact costs at this stage of design as
opportunities for cost savings or additional expenses would be identified in final design and
development of construction documents.
In order to fund this project, the City could place a measure on the ballot to generate construction
funds. The City has approximately 17,692 parcels that would be subject to the ballot measure.
Based on this number of parcels, the following are annual revenue estimates based on different
assessment levels:
$30 @ 17,692 =
$ 530,760
$45 @ 17,692 =
$ 796,140
$50 @ 17,692 =
$ 884,600
$70 @ 17,692 =
$1,238,440
The amount property owners would pay would depend on the amount the measure was designed to
accumulate. This amount would depend on how much the City would be willing to contribute to the
project from its reserves. Assuming the City is willing to contribute $3 million towards the project, the
ballot measure would need to generate $10.5 million. In order to generate $10.5 million, based on
our past experience with bond measures, we would need to issue a $13 million bond. This would
assume a debt service payment of $800,000 annually for 30 years. In order to generate the annual
debt service amount, each property owner would be required to pay approximately $45 per year or
$3.75 per month.
Attached are sample resolutions that the City Council would be required to adopt at its first meeting in
August in order to place a measure on the November ballot.
SURVEY:
In September 2002 the City conducted a survey to gauge the level of support by high propensity
voters to support a ballot measure. The survey gauged support for a variety of assessment amounts.
Also, the support was measured before the respondent was fully informed about the features of the
new library (in one survey tally)* the response was measured after more information was provided to
the respondent.
$70 per parcel — limited knowledge of project
Definitely yes 32% Definitely No 20%
Probably Yes 18% Probably No 11%
Lean Yes 3% Lean No 6%
Totals 53% 37%
$70 per parcel — expanded knowledge of the project
Definitely yes 40% Definitely No 19%
Probably Yes 19% Probably No 10%
Lean Yes 4% Lean No 3%
Totals 63% 32%
$60 per parcel — limited knowledge of the project
Definitely yes 32% Definitely No 21%
Probably Yes 11% Probably No 8%
Lean Yes 9% Lean No 9%
Totals 52% 38%
$50 per parcel — limited knowledge of the project
Definitely yes 35% Definitely No 20%
Probably Yes 9% Probably No 7%
Lean Yes 11% Lean No 8%
Totals 55% 35%
$30 per parcel — Limited knowledge of the project
Definitely yes 42% Definitely No 5%
Probably Yes 12% Probably No 3%
Lean Yes 11% Lean No 18%
Totals 65% 26%
2006 Library Bond Measure:
SB 1161 which approved the California Reading and Literacy Improvement and Public Library
Construction and Renovation Bond Act of 2006 was approved and signed by the Governor. This bill
places a measure on the November 2006 election to provide $600 million for library construction.
This measure would still need to be approved by the voters. Also, once the measure is approved, as
with the prior bond measure, the Library Bond Act Board will be established and their first order of
business will be to develop the rules of the application process. The Board will also establish the
criteria by which the applications will be judged. While there is no guarantee that the criteria will be
similar to the past bond measure, but if it is, our application will have the same issues of geographic
location, topography, and access to public transportation that resulted in our application being down
graded. Also, based on the timeline of the past Bond Act process, it could be 5 years or longer before
the City is awarded any funds. Assuming construction costs continue to escalate as in the past year,
the project cost could nearly double.
If a ballot measure is placed on the November ballot, it would provide a very sort time -line for the
opponents and proponents to organize. Such a brief lead time might not be recommended by
campaign experts to increase the measure's probability of success. The November 2005 ballot is
expected to be one of the most lengthy in the State's history. Another issue to consider, however, is
that the November ballot in 2006 will contain the next State Library Bond Measure of $600 million.
This may negatively impact a local D.B. measure. There may be an opportunity to consolidate on the
County's June 6, 2006 election.
ATTACHMENTS:
1. List of recommendations from Library Task Force report
2. Ballot Measure Sample Resolutions
3. SB 1161 - California Reading and Literacy Improvement and Public Library Construction and
Renovation Bond Act of 2006
4. Survey results — September 2002
PREPARED BY:
Assistant City Manager
Recommendations for Improvements to Existing Facility
Recognizing that alternative financing may take several years, the Task Force developed a list of
recommendations for capital improvements that would improve the existing facility. The Task Force
formally adopted the list of recommendations shown in order below on August 2, 2004.
The Task Force rated the following improvements as either an "A"(needs to be done now regardless
of outcome of Grant monies awarded), a "B"(should be considered if City is not rewarded Grant
monies and a new library timeline is 5 years or less), or "C"(should be done only if new library timeline
is 5-10 years).
"A" IMPROVEMENTS THAT SHOULD BE DONE NOW
• Develop shared parking agreement after hours/weekend with medical arts building and
Realtor's Office.
• Increase technology by adding 12 computers, increase library staff knowledge with computer
training, seek City's MIS department to maintain new computers
• Tear out existing glass "typing booths" and replace with computer work stations
• Clear out storage area in multipurpose room, staff work room and elsewhere in library
• Expand Best Seller's area
• Review collection, purge all books and other materials that are rarely checked out, including all
audio/video materials, add compact discs and convert VHS tapes to DVDs
• Install a new bus stop in front of library on Grand Ave
• Pursue Library staff parking on adjacent Verizon property
• Reconfigure all areas of library once collection reduction efforts have concluded to improve all
areas of programming with emphasis on Children's area and Technology (computers) Center
• Survey kids for what new collection items they would prefer
• Have Task Force and other interested parties take field trips to other local libraries to see how
they use their space
• Keep all materials purchased by DB Friends of Library at DB Library
• Advertise all available services to public and train library staff on those services
• Provide the County Librarian with this list of recommendations and this report
"B" IMPROVEMENTS THAT SHOULD BE CONSIDERED IF NEW LIBRARY IS TO BE
CONSTRUCTED IN LESS THAN 5 YEARS
• Add benches/tables to front of library outside front door.
"C" IMPROVEMENTS THAT SHOULD BE CONSIDERED IF NEW LIBRARY IS TO BE
CONSTRUCTED IN 5 OR MORE YEARS
• Install two windows to front of building along Grand Avenue.
• Install higher more efficient shelving to store more books
• Install comfortable chairs for reading.
• Install new furniture throughout the building
• Paint and/or install wall coverings in Library and meeting room
• More/better signs throughout library
• Improve flooring — replace tile with carpet
• Consider constructing or leasing a new library annex
• Improve the outdated look with cosmetic improvements throughout building
• Expand parking by cutting back stairs; concrete ADA ramp; building parking on both side of
parking lot
• Solicit and use donations from Friends of Library and possible new Library Foundation to fund
these temporary improvements.
• Install potted plants along front and other attractive landscaping/cleaning/make parking lot look
attractive
It should be noted that the County has agreed to take care of the routine maintenance items listed
such as replace stained ceiling tiles and cleaning the exterior of the front door area.
Agenda No. 6.1.1
MINUTES OF THE CITY OF DIAMOND BAR
PLANNING COMMISSION STUDY SESSION
JUNE 14, 2005
CALL TO ORDER:
Chairman McManus called the study session to order at 5:40 p.m. in Room CC -2 of the
South Coast Air Quality Management District/Government Center, 21865 Copley Drive,
Diamond Bar, California 91765.
1. ROLL CALL:
Present: Chairman Joe McManus, Vice Chairperson Ruth Low,
and Commissioners Dan Nolan, Jack Tanaka and Steve Tye.
Also present: Nancy Fong, Planning Manager, Ann Lungu,
Associate Planner, Linda Smith, Development Services Assistant, and Stella
Marquez, Senior Administrative Assistant.
PM/Fong stated that staff was not seeking a decision during tonight's study session
because the decision would be made during a future public hearing. The purpose of
tonight's study session was to familiarize the Commissioners with the proposed
changes and to seek discussion and direction from the Commission.
10. ZONE CHANGE NO. 2005-01 — AssocP/Lungu presented staff's report.
10. Sunset Crossin_g/Diamond Bar Boulevard: (Wienerschnitzel and vacant
lot) The existing zoning is CM (Commercial Manufacturing) and the
General Plan is General Commercial. Staff recommended a change to C-2
for consistency and because the site is adjacent to residential use.
Chair/McManus said the off -ramp has serious geotechnical problems on
the corner.
C/Tye asked if the City would be opening itself to uses that were not
compatible uses in Diamond Bar. AssocP/Lungu referred C/Tye to the
Table 2-5 & 6 of the City's Development Code for uses allowed under C-2.
Chair/McManus noted that there is a center median in the area and that in
the event of a commercial project a left turn pocket would need to be
included.
JUNE 14, 2005 Page 2 PLANNING COMMISSION
STUDY SESSION
VC/Low asked if staff followed objective standards when recommending C-
1, C-2 or C-3. PM/Fong said it depended on the location and whether it is
next to a residential area or commercial area. If the location were next to a
residential area staff would be very concerned about having compatible
uses and the lowest intensity of uses. If the location were next to
commercial and close to a freeway it could involve higher intensity of uses.
C/Nolan said that under the General Plan definition it could not be zoned
C-3. AssocP/Lungu responded that the General Plan called for the
location to be C — General Commercial and the Development Code
definition of the zoning districts tells staff more specifically whether a C-2
or C-3 zone would be appropriate.
11. Diamond Bar Blvd/Palomino Dr.: (Chevron Station) General Plan is C
(General Commercial), the existing zoning is C-2 and the proposed zoning
is C-3 (Regional Commercial) because the site is next to two freeways and
staff believes that a change from C-2 to C-3 is appropriate for the site. The
proposed zoning designation will provide a broader range of uses that will
foster economic development.
12. Diamond Bar Blvd between Palomino Dr and Golden Springs Dr:
(Von's/Savon/Mobil Station/Bank) Staff is recommending a C-3 Regional
Commercial zone for the area because the designation will provide a
broader range of uses that will foster economic development. The office
building designated C (General Commercial) and zoned C-2 will remain
C2 because the site is adjacent to a residential use.
13. Montefino and Diamond Bar Boulevard: Office Building designated CO
and zoned C-3 is proposed to change to CO for General Plan consistency.
14. Diamond Bar Blvd/Cold Springs Dr/Fountain Springs: (Country Hills
Towne Center) Existing is C-1 and staff recommends C-2 to provide for
possible economic development and a wider range of uses than the
existing zone. Due to the size of the sight it could be considered for C-3.
The Office building designated OP (Office Professional) in the General
Plan has an existing zoning designation of C-1 and is proposed to be
changed to OP in compliance with the General Plan.
C/Tye asked why the City would not consider CO or OP? AssocP/Lungu
explained that C-2 would allow some uses in the CO or OP and General
JUNE 14, 2005 Page 3 PLANNING COMMISSION
STUDY SESSION
Plan consistency.
C/Nolan asked how staff arrived at recommending C-2 instead of C-3.
AssocP/Lungu said she felt the defining point was the location. C-3 may
be more appropriate due to the acreage of the shopping center. However,
this site is located near residential.
VC/Low argued that in reality every commercial parcel resides in close
proximity to residential. AssocP/Lungu said if a commercial center backed
up to a freeway staff would most likely have recommended C-3 zoning.
VC/Low asked if the parcel owner realized an economic benefit based
upon the zoning. PM/Fong said the owner would benefit from permitted
uses if he did not have to go through a re -zoning process. C/Nolan stated
it as follows: The more flexible the code the easier it will be for the
property owner to rent/lease the property.
15. Brea Canyon R&Diamond Bar Blvd: (EV Free Church) is designated C
in the General Plan, the existing zoning is R-1-7,500 and staff is
recommending C-1 (Neighborhood Commercial) for consistency with the
General Plan and because C-1 is appropriate since it is adjacent to
residential.
7) Brea Canyon Rd/Diamond Bar Blvd: (Adjacent Flood Channel and Site
"D") The General Plan designation is C and the existing zoning is CPD.
Staff recommends C-1 for consistency with the General Plan.
8) Grand Ave between Montefino Ave and Diamond Bar Blvd: Existing
zoning is C-3. General Plan designation if OP. Staff recommends zoning
OP.
9) Golden Springs Dr/Grand Ave: (Across the street from the proposed
Target store) General Plan designation is OP. Existing zoning is C-3 and
proposed zoning is OP; parking lot, offices, restaurant General Plan is CO,
existing zoning C-3 and proposed zoning is CO for consistency with the
General Plan.
10) Golden Springs Dr/Via Sorel/a: (Walnut Pools, CalTrans yard) — General
Plan CO, zoning comprised of a variety of zones (C-2, MPD -BE C-2, and
R-1-8,000). Staff recommends CO for consistency with the General Plan
JUNE 14, 2005 Page 4 PLANNING COMMISSION
STUDY SESSION
11) Brea Canyon Rd./Via Sorella: (two churches, architect's office, repair
shop) General Plan CO with a variety of zones (C -H -PD, C-3, R-1-8,000,
CPD, R-1-8,000) staff recommends CO for General Plan consistency.
10. Golden Springs between Lemon Ave./Brea Canyon Rd.:
(McDonald's/Chevron to Charlie's Sandwich Shop) — At present, a
General Plan designation of C. Zone was changed to C-2 for the Banning
Way Project. The remaining parcels have a variety of zones (e.g., A-1-1-
15,000, C -2 -BE, C -2 -DP, CPD and C -3 -DP). Because the site is adjacent
next to the freeway, staff believes that C-3 zoning designation for the
entire area is more appropriate and that the zoning designation will
provide a broader range of uses that will foster economic development.
C/Nolan asked if there were any businesses in any of the areas that would
no longer be compatible with the recommended zone changes.
AssocP/Lungu responded that staff tried not to create any legal non-
conforming issues.
13) Golden Sprin_ps/Lemon Ave: (Jubei Japanese Cuisine, Korean
Restaurant) — General Plan designation of C with a zoning designation of
C-2 DP -BE. Staff recommends changing it to C-2 only which is consistent
with General Plan consistency and this designation will be consistent with
the City's Development Code.
14) Pathfinder Rd./Brea Canyon Rd./West of SR57: General Plan
designation is OP. Staff recommends a zone change from C-2 and CPD
to OP for General Plan consistency.
15) SW Corner of Pathfinder Rd/Brea Canyon Rd: General Plan
designation of CO with zoning of CPD and staff recommended that the
zone be changed to OP (Office Professional) to conform to the General
Plan.
16) Gateway Corp. Center. General Plan designation is OP, existing zoning
is C -M and proposed zoning is OB (Office, Business Park) for General
Plan Consistency and because OB is consistent with the Development
Code designation for large scale headquarters -type office facilities and
business park development.
17) North of Sunset Crossin_g/South of Happy Hollow Rd.): (Little League
JUNE 14, 2005 Page 5 PLANNING COMMISSION
STUDY SESSION
ball fields, YMCA) — General Plan designation is PR (Private Recreation),
existing zoning is MPD -BE and for the Union Pacific RR the current zoning
is M 1.5 & A-1-1. Staff recommended REC (Recreation) for consistency
with the General Plan and the Development Code zoning designation for
PR.
C/Tye pointed out that it appeared the map showed two sections, one for
the Little League fields and YMCA and one for the railroad tracks.
AssocP/Lungu said she would research the matter.
18) Washington St./East of Brea Canyon Rd.: General Plan designation is
RMH and I. Existing zoning is C -M -BE and M 1.5. Proposed zoning is
RMH and I for consistency with the General Plan
C/Tye pointed out that the berm at the end of Washington Street is gone
and there is now clear access through the gate to City of Industry. The
street no longer looks like a cul-de-sac as designated in the General Plan.
AssocP/Lungu said that staff would look into it. Chair/McManus felt that
trucks would look for the quickest access and if Washington Street is not
blocked it will become a through street.
19) North of Lycomin_g between Lemon Ave. and Brea Canyon Rd.:
(Shea Center) General Plan designation is I. Existing Zoning is M -1.513E.
(Pinefalls Ave. and Penarth Ave.) General Plan designation is zoning
MPD. Staff proposes that the entire area be zoned I for General Plan
consistency.
20) North of Lycomin_g between Brea Canyon Rd. and Lemon Ave.:
(warehouse and industrial) General Plan designation is I. Existing zoning
M 1.5 -BE. Staff recommends I for General Plan Consistency.
21) West of Lemon Ave./North of SR60 to City boundary: (Union Pacific
RR and industrial development and Yellow Brick Road Industrial Park)
General Plan designation is I. Existing zoning is M 1.5 -BE. Staff
recommends I for General Plan consistency.
10. North of 60 FWY/South of Lycomin_g between Lemon Ave. and
Glenwick Ave.: (WVUSD) General Plan designation is I. Existing zoning
isR-A-8,000. Staff proposes I zoning for General Plan consistency.
JUNE 14, 2005 Page 6 PLANNING COMMISSION
STUDY SESSION
The Planning Commissioners concurred to direct staff to prepare for a public
hearing to consider changing zoning classifications to comply with the City's
General Plan.
JUNE 14, 2005 Page 7 PLANNING COMMISSION
STUDY SESSION
ADJOURNMENT: With no further business before the Planning Commission,
Chair/McManus adjourned the study session at 6:58 p.m.
Respectfully Submitted,
Nancy Fong, Planning Manager
Attest:
Joe McManus, Chairman
Agenda No. 6.1.2
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
JUNE 14, 2005
CALL TO ORDER:
Chairman McManus called the meeting to order at 7:03 p.m. in Room CC -2 of the South
Coast Air Quality Management District/Government Center, 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: 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 May 24, 2005.
C/Nolan moved, C/Tye seconded to approve the minutes of the Regular
Meeting of May 24, 2005, as amended. Motion carried by the following
Roll Call vote:
AYES:
NOES:
ABSENT:
10. OLD BUSINESS:
11. NEW BUSINESS:
COMMISSIONERS
COMMISSIONERS
COMMISSIONERS
None
None
V/C Low, Nolan, Tanaka, Tye,
Chair/McManus
None
None
JUNE 14, 2005 Page 2 PLANNING COMMISSION
JUNE 14, 2005 Page 3 PLANNING COMMISSION
12. PLANNING COMMISSION COMMENTS AND INFORMATION ITEMS:
C/Tye congratulated Commissioner Jack Tanaka on winning the election to fill
the City Council vacancy. C/Nolan concurred and wished Commissioner Tanaka
well in his service on the City Council.
C/Tanaka thanked M/Chang for giving him the opportunity to serve on the
Planning Commission and thanked staff, and most especially SAA/Marquez, for
their assistance. He thanked past Planning Commissioners Joe Ruzicka, Steve
Nelson and Osman Wei and most importantly the current Planning
Commissioners. He felt he learned a lot serving on the Commission and what he
learned would be a good foundation for serving on the City Council.
VC/Low congratulated C/Tanaka on his ascension to the City Council. She also
congratulated C/Tye on running a spirited campaign. Chair/McManus
congratulated C/Tanaka and wished him well in his new endeavor.
13. STAFF COMMENTS AND INFORMATIONAL ITEMS: None Offered.
11. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
ADJOURNMENT: With no further business before the Planning Commission,
Chair/McManus adjourned the meeting at 7:09 p.m.
Respectfully Submitted,
Nancy Fong, Planning Manager
Attest:
Joe McManus, Chairman
Agenda No. 6.2
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 # 6.3
Meeting Date: July 19, 2005
CITY COUNCIL \%% AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Second Reading of Ordinance No. 09 (2005) approving an Amendment to
a Development Agreement (Development Agreement No. 2004-01)
between the City of Diamond Bar and Lewis -Diamond Bar, LLC for the
Diamond Bar Village Project
RECOMMENDATION: Approve second reading, by title only, and adopt Ordinance
No. 09 (2005).
BACKGROUND: Ordinance No. 09 (2005) provides for an Amendment to
Development Agreement No. 2004-01 as referenced in the title. The Amendment
consists of modifications to the schedule of performance and financial provisions. First
reading of the Ordinance occurred upon conclusion of the public hearing held at the July
5, 2005, City Council meeting. The Ordinance will be effective on August 18, 2005.
WW4W_IW4911-YA
James DeStefano
Assistant City Manager
Attachments: Ordinance No. 09 (2005)
Recorded at request of )
Clerk, City Council )
City of Diamond Bar )
When recorded return to )
City of Diamond Bar )
21825 Copley Drive )
Diamond Bar, CA 91765 )
Attention: City Clerk
June 22, 2005 Draft
EXHIBIT "A"
Exempt from Filing Fees Gov. Code section 6103
DIAMOND BAR VILLAGE
AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 2004-01
between
CITY OF DIAMOND BAR
a California municipal corporation
and
LEWIS-DIAMOND BAR, LLC,
a Delaware limited liability company
("Developer")
2
AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT
("Amendment")
This Amendment is dated this day of 2005 for reference
purposes and amends that certain Development Agreement effective August 7, 2004, (the
"Development Agreement") by and between the City of Diamond Bar (hereinafter "CITY"), and Lewis -
Diamond Bar, LLC, a Delaware limited liability company (hereinafter "DEVELOPER"). All
capitalized terms shall have the meanings given those terms in the Development Agreement unless
otherwise defined herein.
RECITALS
WHEREAS, DEVELOPER has requested CITY to amend the Development Agreement and the
CITY has conducted all proceedings required to amend the Development Agreement in accordance
with the DA Laws and all other rules and regulations of CITY; and
WHEREAS, the terms and conditions of this Amendment have undergone review by CITY and
the City Council and have been found to be fair, just and reasonable; and
WHEREAS, all actions taken and approvals given by CITY for this Amendment have been
duly taken and approved in accordance with all applicable legal requirements for notice, public
hearings, findings, votes, and other procedural matters.
COVENANTS
NOW, THEREFORE, in consideration of the above recitals and of the mutual
covenants hereinafter contained and for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties agree to amend the Development
Agreement as follows:
1. Section 4.2.1, City Traffic Fee, and Schedule 3, are amended as follows: DEVELOPER and
CITY agree that the "fair share" cost of the traffic improvements allocable to the Property and
Annexable Property as set forth on Schedule 3 and the timing for payment are:
$233,604.50 Residential -- prior to the issuance of the
first certificate of occupancy
$964,323.50 Commercial -- prior to the issuance of the
certificate of occupancy for the Commercial Anchor
2. Section 4.4.1, Residential Fees, is deleted and the following inserted in place thereof:
4.4.1 Residential Fees. DEVELOPER agrees to pay to the CITY
development agreement fees in the total amount of $2,000,000 at the
issuance of certificates of occupancy for each DU in the Project as
follows:
$10,000 per DU for the first 60 DU's = $600,000
$11,000 per DU for the second 60 DU's = $660,000
$12,333 per DU for the final 60 DU's = $740,000
If less than one hundred eighty (180) DU's are developed by DEVELOPER, the amount equal
to the difference between $2,000,000 and the total amount of Residential Fees paid as of the
date the final certificate of occupancy is issued by City for the Project, shall be paid concurrent
with City's issuance of that final certificate of occupancy. The City may use the Residential
Fees for any purpose permitted by the City's Municipal Code and any other applicable laws.
3. Section 4.5, Commercial Fee, is amended by extending the dates (i) for commencement of
construction of the Commercial Anchor from June 1, 2005 to September 1, 2005, and (ii) for
opening of the Commercial Anchor to the general public from April 2006 to October 2006.
City agrees to cooperate with DEVELOPER, at no cost to City, to amend the Letter of Credit as
necessary to provide for these extensions.
4. CITY acknowledges and agrees that in furtherance of Section 4.5 of the Development
Agreement and consistent with the Development Plan for the Project, Target Corporation
("Target") filed its applications for Conditional Use Permit No. 2005-03 and Development
Review No. 2005-16 (collectively the "Target Development Application") which was approved
by the CITY by Planning Commission Resolution No. 2005-18 on April 26, 2005 (the "Target
Resolution"). CITY further acknowledges that Target and DEVELOPER will be processing
(i) a Boundary Line Adjustment in the form of Exhibit "A" to this Amendment to create the
final boundaries of the Annexable Property (as set forth in Exhibit "B" of the Development
Agreement) and of the Commercial Component within the Annexable Property under
Section 4.5.1 of the Development Agreement, and (ii) a parcel map to create the two (2) retail
pads fronting Golden Springs Drive and the remainder parcel of the Commercial Component to
be developed by Target as the Commercial Anchor all as identified in the Target Development
Application (the "Parcel Map"). CITY agrees that no Development Exactions or Development
Impact Fees other than those set forth in the Target Resolution or Development Agreement
shall be imposed by CITY as conditions on the BLA or Parcel Map. CITY acknowledges that
this covenant is material to the decision of Target to proceed with the acquisition and
development of the Annexable Property and Commercial Component.
5. Except as amended above, the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and
year set forth below.
"DEVELOPER"
LEWIS-DIAMOND BAR, LLC
a Delaware limited liability company
By: LEWIS INVESTMENT COMPANY, LLC,
a California limited liability company
Its Managing Member
Dated: By: LEWIS OPERATING CORP.,
a California corporation — sole manager
Name:
Title:
"CITY"
CITY OF DIAMOND BAR
Dated: By:
Name:
Title:
Exhibit A — Boundary Line Adjustment
STATE OF CALIFORNIA )
ss.
COUNTY OF )
On - before me, a Notary Public in and for said
county and state, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature
STATE OF CALIFORNIA )
) ss.
5
COUNTY OF
On before me, a Notary Public in and for said
county and state, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose
name is subscribed to the within instrument and acknowledged to me that he executed the same in his
authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of
which the person acted, executed the instrument.
WITNESS my hand and official seal.
Signature
R
ORDINANCE NO. XX (2005)
AN ORDINANCE OF THE CITY OF DIAMOND BAR APPROVING
AMENDMENT NO. 1 TO DEVELOPMENT AGREEMENT NO. 2004-
01 BETWEEN THE CITY AND LEWIS-DIAMOND BAR, LLC FOR
THE DIAMOND BAR VILLAGE PROJECT
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR HEREBY ORDAINS AS
FOLLOWS:
Section 1. The City of Diamond Bar and Lewis -Diamond Bar, LLC, desire to amend
a development agreement approved on June 29, 2004 pursuant to Government Code
Sections 65864 through 65869.5, and Chapter 22.62 of Title 22 of the Diamond Bar Municipal
Code with respect to real property located at the southeast corner of Diamond Bar Boulevard
and Grand Avenue in the City of Diamond Bar. The properties subject to the amendment are
more particularly described as Assessor's Parcel Numbers: 8293-045-004, 8293-045-005 -
Lewis - Diamond Bar, LLC, 1156 N. Mountain Avenue, Upland, CA 91785 and Assessor's
Parcel Numbers 8293-045-006, 8293-045-007, 8293-045-008 and 8293-045-009 - Hidden
Manna Corporation, 22324 Golden Springs Drive, Diamond Bar, CA 91765.
Section 2. The Planning Commission conducted a public hearing to consider
proposed Amendment No. 1 to the development agreement pursuant to Municipal Code
Section 22.62.030(a) on June 28, 2005. The Commission adopted Resolution No. 2005-25
which recommends City Council approval of the amendment. The City Council held a properly
noticed public hearing regarding the proposed amendment to the development agreement
pursuant to Section 22.62.030(b) on July 5, 2005. Both oral and written evidence was
presented both to the Commission and the Council.
Section 3. Based upon substantial evidence in the record of the proceeding including,
without limitation, the written and oral staff reports, and the record and decision of the
Planning Commission, the City Council hereby finds that the proposed amendment to the
development agreement is consistent with the General Plan of the City of Diamond Bar and
with the Diamond Bar Village Specific Plan. The City Council further finds that the proposed
amendment to the development agreement complies with the zoning, subdivision, and other
applicable ordinances and regulations.
Section 4. The proposed amendment to the development agreement is consistent with
the public convenience, general welfare, and good land use practice, making it in the public
interest to enter into the amendment to the development agreement with the applicant. The
amendment to the agreement provides for the orderly and comprehensive development of a
land area in a visible and important location in the City. The amendment to the development
agreement ensures that the project can be developed over time in its approved form, and that
7
the applicant will provide substantial public benefits as a part of the development.
Section 5. The City Council further finds that:
(a) The amendment to the development agreement will not adversely affect the
health, peace, comfort or welfare of persons residing or working in the
surrounding area, since the project is in keeping with the character and general
development pattern of the existing area;
(b) The amendment to the development agreement will not be materially
detrimental to the use, enjoyment or valuation of property of other persons
located in the vicinity of the site, since the development agreement ensures that
public improvements, additional infrastructure and other public benefits will be
provided as the project is constructed; or
(c) The amendment to the development agreement will not jeopardize, endanger or
otherwise constitute a menace to the public health, safety or general welfare, since the amended
agreement will result in public safety improvements such traffic improvements and ample parking.
Further, the project is conditioned to comply with applicable fire, building and life safety codes and
regulations.
(d) The amendment to the Development Agreement would be in the best interests
of the City. The amendment to the Development Agreement No. 2004-01
implements the proposed Diamond Bar Village project and will provide certainty
to the City and the Applicant regarding the project development time table,
impact fees, applicable ordinances, overall development standards and similar
matters. The approved Diamond Bar Village project will transform an
underutilized and graded site into a functional and attractive development that
will contribute to the City's tax base. Because of this, the amendment to the
Agreement is in the best interests of the City and its residents.
(e) The amendment to the development Agreement is consistent with the General
Plan, Development Agreement No, 2004-01, any applicable Specific Plan and
the Development Code. Diamond Bar Village, the subject of Development
Agreement No. 2004-01, is consistent with the General Plan and is the subject
of an appropriate Specific Plan and meets all applicable standards of the
Development Code. The administrative record and findings of this Resolution
demonstrate conformance with City requirements.
(f) The Amendment to the Development Agreement would promote the
public interest and welfare of the City. As stated above, Diamond Bar Village is
a mixed-use development that preserves open space and expands the City's
tax base. It retains a residential use adjacent to an existing residential area and
limits the commercial -retail and institutional use to an area adjacent to a major
intersection. The Amendment to Development Agreement No. 2004-01
implements this development plan and thus promotes the public interest and
welfare
Section 6. The proposed development agreement amendment complies with the
terms, conditions, restrictions and requirements of Section 22.62.040 of the Diamond Bar
Municipal Code. The proposed development agreement amendment includes additional
terms consistent with Diamond Bar Municipal Code Section 22.62.040(b), such as
construction schedules, commercial anchor security requirements, and the contribution of a
developer fee to the City.
Section 7. In June 2004 the City Council approved an Addendum to the Medical Plaza
and Economic Revitalization Area Environmental Impact Reports for the Diamond Bar Village
Project. The Addendum considered the potential environmental impacts of the Diamond Bar
Village project, the Development Agreement, Zone Change, Specific Plan and related project
applications. Amendment No. 1 to the previously approved Development Agreement does not
change any contemplated land uses for the properties. The Amendment does not result in
any physical changes to the project site. The proposed amendment does not result in any
new environmental impacts. No further environmental review is warranted or necessary.
Section 8. Based upon the foregoing, the City Council hereby approves Amendment
No. 1 to Development Agreement No. 2004-01 attached hereto as Exhibit "A" and authorizes
the Mayor to execute said development agreement amendment on behalf of the City.
Section 9. The time within which to any legal challenge to the subject development
agreement must be brought is governed by Government Code Section 65009.
PASSED, APPROVED AND ADOPTED THIS DAY OF 2005, BY THE CITY
COUNCIL OF THE CITY OF DIAMOND BAR
BY:
Wen Chang, Mayor
I, Linda C. Lowry, City Clerk of the City of Diamond Bar do hereby certify that the foregoing
Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar
held on the day of , 2005 and was finally passed at a regular meeting of the City
Council of the City of Diamond Bar held on the day of 2005 by the following
vote:
AYES: Council Members:
9
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
X17
City Clerk, City of Diamond Bar
Agenda # 6.4
Meeting Date: July 19, 2005
CITY COUNCILAGENDA REPORT
`�cpRPOR�ll'�
r�S9
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: APPROVE A TWO-YEAR CONTRACT EXTENSION OF CROSSING GUARD
SERVICES WITH INTERNATIONAL SERVICES, INC. FOR FISCAL YEARS
2005-2006 AND 2006-2007 WITH A 4.2% ($.42) CPI HOURLY RATE
INCREASE
RECOMMENDATION:
Approve.
FISCAL IMPACT:
For Fiscal Year 2005-2006, the City budgeted $100,000.00 for crossing guard services. At a
current hourly rate of $10.00 for the 2005-2006 school year, with a three-hour maximum per site,
the City anticipates an expenditure of approximately $95,000.00 for crossing guard services
covering sixteen (16) locations. This estimate includes summer school services.
International Services, Inc. has submitted a letter requesting a contract extension (Exhibit "D")
which reflects a 4.2% Consumer Price Index (CPI) increase. This request/adjustment is
pursuant to cost -of -living changes based on the Los Angeles/Anaheim/Riverside Area Index,
covering the period of May 31, 2004 through May 31, 2005. The proposed hourly rate for
crossing guard services is $10.42. If the rate increase is approved, there would be adequate
budget for Fiscal Year 2005-2006. For Fiscal Year 2006-2007, a proposed budget of
$100,000.00 will be recommended and should be adequate.
BACKGROUND/DISCUSSION:
The City's contract with its current crossing guard services provider, International Services, Inc.,
will expire on July 31, 2005. Section Two of the contract allows the City Council to extend the
contract for an additional two (2) years.
Crossing guard services are provided to assure the safety of school -aged children, pedestrians,
parents, and others when crossing streets utilizing crosswalks in the vicinity of their respective
schools. The City requires all crossing guards to be properly trained and supervised in order to
carry out their responsibilities. It is expected that guards will provide three hours of service per
day for each intersection.
• Crossing Guard Locations
The following is a list of locations for schools within the Walnut Valley and Pomona Unified
School Districts currently being served by Diamond Bar crossing guards:
Walnut Valley Unified School District
1.
Castle Rock Elementary
Cold Springs Lane & at front of school
2.
Castle Rock Elementary
Castle Rock Road & Cold Spring Lane
3.
Evergreen Elementary
Harmony Hill Drive & Evergreen Springs
4.
Evergreen Elementary
Pathfinder Road & Evergreen Springs
5.
Maple Hill Elementary
Blenbury Drive & Maple Hill Road
6.
Walnut Elementary
Golden Springs Drive & Lemon Avenue
7.
Walnut Elementary
Glenwick Drive & Lycoming Drive
8.
Quail Summit Elementary
Quail Summit Drive & Winterwood Lane
9.
Quail Summit Elementary
Forrest Canyon near Park (mid -block)
Pomona Unified School District
10.
Diamond Point Elementary
11.
Diamond Point Elementary
12.
Golden Springs Elementary
13.
Golden Springs Elementary
14.
Neil Armstrong Elementary
15.
Neil Armstrong Elementary
16.
Lorbeer Middle School
Golden Springs & Sunset Crossing Rd.
Sunset Crossing Road & Del Sol Lane
Ballena Drive & Meadow Falls Drive
EI Encino Drive & Prospect Valley Dr.
Beaverhead Dr. & Cottonwood Cove Dr.
Clearview Crest Dr. & Chicora Drive
Diamond Bar Blvd & Golden Springs Dr.
RECOMMENDATION:
Crossing guard services at the above sixteen (16) locations have all been warranted and
continue to provide students, parents, and teachers with an adequate protective measure
needed in their day to day school activities. Furthermore, crossing guards provide a sense of
security and continuity needed by the children who attend our public schools. To date, the
performance of all crossing guards has been satisfactory. Staff is recommending the renewal of
its contract with International Services for two (2) years.
PREPARED BY:
Debbie Gonzales, Administrative Assistant Date Prepared: July 14, 2005
REVIEWED BY:
David G. Liu James DeStefano
Director of Public Works Assistant City Manager
Attachment: Amendment No. 4 to The Agreement For Crossing Guard Services
2
AMENDMENT NO. 4 TO THE AGREEMENT FOR
CROSSING GUARD SERVICES
This Amendment No. 4 to the City's Contract Agreement is made and entered
into this 19th day of July, 2005 by and between the CITY OF DIAMOND BAR, a
municipal corporation (hereinafter referred to as "City") and INTERNATIONAL
SERVICES, Inc. (hereinafter referred to as "CONTRACTOR").
A. Recitals:
(i) The CITY has heretofore entered into an agreement with
International Services, Inc. to provide Crossing Guard Services.
A true and correct copy of which is attached hereto as Exhibit "C".
(ii) CONTRACTOR has requested a two-year extension proposal
("PROJECT" hereinafter), a full, true and correct copy of which
attached hereto as Exhibit "D" to extend said services for a period
of two (2) years.
NOW, THEREFORE, it is agreed by and between CITY and CONTRACTOR:
B. Amendment to Aareement:
Section 1: Section 2 of the agreement is hereby amended to read as follows:
2. Term of Agreement. The term of this Agreement shall commence
August 1, 2005 and shall be extended through July 31, 2007".
Section 2: Section 3 of the agreement is hereby amended to read as follows:
3. 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 Exhibits "C" and "D".
Payments will be made only after submission of proper monthly
invoices in the form specified by City. Payments to CONTRACTOR
pursuant to this Agreement shall not exceed ten dollars and forty-two
cents per hour ($10.42/hour.)". Exhibit "D" of this agreement is hereby
attached hereto and incorporated herein.
Each party to this Supplemental Agreement acknowledges that no representation by
any party which is not embodies herein nor any other agreement, statement, or promise
not contained in this Supplemental Agreement shall be valid and binding. Any
modification of this Supplemental Agreement shall be effective only if it is in writing
signed by the parties.
IN WITNESS WHEREOF, the parties hereto have executed this Supplemental
Agreement as of the day and year first set forth above.
"CITY"
ATTEST:
Linda C. Lowry, City Clerk
APPROVED AS TO FORM:
M.
City Attorney
4
CITY OF DIAMOND BAR
20
Wen Chang, Mayor
"CONTRACTOR":
INTERNATIONAL SERVICES
Larry Finley, Vice President
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # 6.5
Meeting Date: July 19, 2005
AGENDA REPORT
TITLE: A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
CONFIRMING THE APPOINTMENT OF SPECIFIC REPRESENTATIVES TO THE
SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
RECOMMENDATIONS:
It is recommended that the City Council adopt the Resolution.
FISCAL IMPACT:
There is no fiscal impact on the City of Diamond Bar.
BACKGROUND / DISCUSSION:
At the discretion of the Mayor, Council Members are appointed to represent the City on the boards of
various outside agencies. At the July 5, 2005 City Council Meeting, Mayor Chang designated Council
Member Carol Herrera as delegate to the San Gabriel Valley Council of Governments (SGVCOG).
Mayor Chang also chose to replace himself with Council Member Jack Tanaka as the alternate
delegate to the SGVCOG.
According to the bylaws of the SGVCOG, a resolution must be approved to formalize the new
appointments. Resolution 2005 -XX is attached, confirming the appointments.
Prepared by:
Ryan McLean, Senior Management Analyst
Attachments
Reviewed By:
Dave Doyle, Assistant City Manager
Resolution No. 2005 -XX, Confirming the Appointment of Specific Representatives to the San
Gabriel Valley Council of Governments.
RESOLUTION NO. 2005 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
CONFIRMING THE APPOINTMENT OF SPECIFIC REPRESENTATIVES TO
THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS
A. RECITALS.
WHEREAS, the City of Diamond Bar has executed the San Gabriel Valley Council of Governments
Joint Powers Agreement; and
WHEREAS, the Joint Powers Agreement for the San Gabriel Valley Council of Governments requires
each member city to appoint a Delegate Governing Board Representative and an Alternate Governing
Board Representative to represent the City in conducting the affairs of the San Gabriel Valley Council
of Governments; and
WHEREAS, Council Member Carol Herrera is a current officer of the San Gabriel Valley Council of
Governments and is automatically designated as the "delegate" from the City through July 2005 in
accordance with the San Gabriel Valley Council of Governments bylaws; and
WHEREAS, Mayor Wen Chang has designated Carol Herrera to fill the full 2005 term as the San
Gabriel Valley Council of Governments "delegate" from the City of Diamond Bar; and
WHEREAS, Mayor Wen Chang has designated Council Member Jack Tanaka as the San Gabriel
Valley Council of Governments "alternate delegate" from the City of Diamond Bar.
B. RESOLUTION.
NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF DIAMOND BAR DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. That the City Council of the City of Diamond Bar appoints Council Member Carol
Herrera to serve as the City of Diamond Bar's delegate to the Governing Board of the San Gabriel
Valley Council of Governments.
SECTION 2. That the City Council of the City of Diamond Bar appoints Council Member Jack Tanaka
to serve as the City of Diamond Bar's alternate delegate to the Governing Board of the San Gabriel
Valley Council of Governments.
SECTION 3. That the individuals designated in this resolution shall serve until replaced by resolution
or until they become ineligible pursuant to the terms of the Joint Powers Agreement of the San
Gabriel Valley Council of Governments.
SECTION 4. That the City Clerk shall certify the adoption of this resolution.
SECTION 5. That a certified copy of the resolution be circulated to the San Gabriel Valley Council of
Governments.
PASSED, APPROVED AND ADOPTED THIS 19th DAY OF JULY 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, adopted and approved at a regular meeting of the City Council of the City of
Diamond Bar held on 19th day of July, 2005, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
Linda C. Lowry, City Clerk
City of Diamond Bar
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Ratification of Salary Increase for the City Manager
RECOMMENDATION:
Agenda #: 6.6
Meeting Date: July 19, 2005
AGENDA REPORT
It is recommended that the City Council ratify a 4% cost of living adjustment (COLA) as well as a 2%
annual salary increase for the City Manager.
FINANCIAL IMPACT:
The proposed increase totals $9,600, inclusive of the increase in retirement contributions and fringe
benefits, and has been included in the adopted 2005-2006 Budget.
BACKGROUND:
The City Manager completed four years of service to the City in May 2005. She has received one
COLA of 2.5% along with the rest of the City staff on July 1, 2002. At their regular meeting of July 15,
2003, the City Council approved a 5% salary increase for the City Manager, effective July 1, 2003.
DISCUSSION:
A Closed Session was held on June 7, 2005, for the City Council to review personnel related matters
and proposed position and salary adjustments. At that time the City Council recommended a 4%
COLA and a 2% annual salary increase for the City Manager to be included in the 2005-2006 Budget.
The 4% COLA is based on the Consumer Price Index as provided through the U.S. Department of
Labor and California Department of Finance for the twelve months ending in March 2005. The 4%
COLA for all City staff salaries was approved by the City Council and was included in the adopted
2005-2006 Budget.
In order to amend the City Manager's salary to include the budgeted increase, it is now necessary by
separate action to approve the increase to become effective, retroactively on July 1, 2005.
PREPARED BY:
Kim Crews
Human Resources Manager
REVIEWED BY:
David Doyle
Assistant City Manager
Agenda # 6.7
Meeting Date: Julv 19, 2005
CITY COUNCIL AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Approval of Cost of Living Adjustment to the Hourly Rates for City Attorney Services
RECOMMENDATION:
It is recommended that the City Council approve a 4% cost of living adjustment (COLA) to the hourly
rate for general legal services from $153 to $159 per hour and for litigation services from $199 to
$207 per hour.
FINANCIAL IMPACT:
There are sufficient funds in the current budget for the proposed rate adjustment. The future
budgetary implication is unknown as the need for City Attorney and litigation services varies
depending upon the specific needs of the City. However the City has consistently budgeted an
appropriation sufficient to cover this increase. Therefore, it is anticipated that the proposed rate
adjustment would not increase the City's budget in future years.
BACKGROUND:
City Attorney Mike Jenkins has provided service to the City since 1995. At that time he was with the
law firm of Richards, Watson & Gershon. In March 2001, Mr. Jenkins left Richards, Watson &
Gershon for Jenkins & Hogin, LLP. At that time the City approved a contract with Jenkins & Hogin,
LLP to retain the services of Mike Jenkins as City Attorney.
DISCUSSION:
As part of the budget process for FY 05-06, the City Council authorized a 4% COLA for all City staff
salaries. It is recommended that the 4% COLA also be applied to the contract with Jenkins & Hogin,
LLP for City Attorney services to become effective, retroactively on July 1, 2005.
Attorney services are considered professional services and, as such, are exempt from any formal bid
requirements. Although the City did not solicit bids from other attorney firms, it should be noted that
the proposed hourly rates are significantly lower than the hourly rates charged by other attorneys
engaged by the City.
PREPARED BY: REVIEWED BY:
Kim Crews
Human Resources Manager
David Doyle
Assistant City Manager
Agenda #6.8
Meeting Date: July 19, 2005
CITY COUNCILAGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Approval of the Reclassification of the Administrative Assistant Position in the Public
Works Department to the Position of Senior Administrative Assistant
RECOMMENDATION:
It is recommended that the City Council approve the reclassification of the Administrative Assistant
position in the Public Works Department to the position of Senior Administrative Assistant.
FINANCIAL IMPACT:
No additional appropriation is necessary. The vacancy of positions funded since July 1, 2005 has
created a salary savings sufficient to cover the additional cost of the reclassification.
BACKGROUND:
A classification plan has been established within the personnel system. The plan consists of classes
of positions in the City service defined by class specifications; including title, definition of the position,
supervision received and exercised, a description of the duties and responsibilities of positions in
each class, and the training, experience, and other qualifications to be required of applicants for
positions in each class. The classification plan is maintained so that all positions substantially similar
with respect to duties, responsibilities, authority, and character of work are included within the same
class and allocated to the same schedules of compensation.
DISCUSSION:
A reclassification of a position occurs when the job duties performed are outside the scope of the
employment classification as a result of the gradual accretion or reduction of duties and/ or
responsibilities over time. The duties and responsibilities of the Administrative Assistant position in
the Public Works Department have gradually increased as projects have been reassigned to support
the functions of the department, resulting in the recommendation to reclassify the position to Senior
Administrative Assistant.
PREPARED BY: REVIEWED BY:
Kim Crews
Human Resources Manager
David Doyle
Assistant City Manager
Agenda # 6.9
Meeting Date: July 19, 2005
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Authorize Additional $14,000 Payment to Martin and Chapman for election services
related to the June 7, 2005 Election and Appropriate Necessary Funds from General
Fund Reserves
RECOMMENDATION:
It is recommended that the City Council authorize additional payment of $14,000 to Martin and
Chapman Company for election services and supplies associated with the June 7, 2005 special
election and appropriate the necessary funds from General Fund reserves.
FINANCIAL IMPACT:
During FY 2004-05 the City Council appropriated $65,000 from General Fund reserves to pay for the
costs associated with the June 7, 2005 special election. City staff estimated the following costs
associated with the election:
Martin & Chapman $40,000
Elections Consultant $15,000
Postage & Misc. costs $10,000
Total $65,000
To date, the City has expended approximately $25,000 of the $65,000 budgeted for the special
election.
DISCUSSION:
In January 2005, the City Council authorized the City Manager to enter into an agreement with Martin
and Chapman to provide election services for the June 7'" special election in the amount of $40,000.
Recently the City received its final bill from Martin and Chapman in the amount of approximately
$54,000. The reasons for the increased cost are explained below.
Martin and Chapman had provided a cost estimate of $40,000 for their services. This original
estimate was based on 22,000 active registered voters and 10 consolidated precincts. In addition it
was estimated that Martin and Chapman staff would only be required to be onsite on election night.
At the time of the June 7, 2005 special election there were significantly more active registered voters
than the 22,000 estimated. Also, there were a number of inactive voters not accounted for in the
original estimate. The City had to be prepared with election materials for these inactive registered
voters should they decide to participate in the election. The number of sample ballots and official
ballot supplies jumped from the 22,000 estimated to approximately 37,000. This resulted in increased
costs for materials provided by Martin and Chapman such as sample ballot material, election day
material, postage, mailing labels, etc.
Also, it was not feasible to consolidate down to 10 precincts. The City was able to consolidate to 15
precincts for the June 7th special election. However, the five additional precincts from the estimated
10 resulted in increased costs.
Finally, the cost estimate provided by Martin and Chapman anticipated their staff being onsite only
once, the night of June 7th. However, with two candidates being separated by 35 votes on election
night, Martin and Chapman staff was required to return to Diamond Bar on Friday, June 10th to count
the remaining absentee and provisional ballots. This resulted in additional costs to the City.
As a result of these issues, the City incurred additional expenses related to the June 7th special
election. These additional expenses require the City Council to authorize additional payment to
Martin and Chapman and appropriate the necessary funds from General Fund reserves.
PREPARED BY:
Dave Doyle, Deputy City Manager
Agenda # 6. 10
Meeting Date: 7/19/05
CITY COUNCILW% AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Approval Of Amendment #5 To Extend License Agreement With Coca-Cola For The
Placement Of Beverage -Serving Machines In City Parks For The Period Of August 1,
2005 Through July 31, 2006.
RECOMMENDATION:
Approve extension of license agreement.
FINANCIAL IMPACT:
City's share of annual revenue has averaged about $9,390 for the past two years. Estimated revenue
for 2005/06 FY is $9,400. Estimated electrical cost for 2005/06 FY is $1,825.
BACKGROUND:
Coca-Cola has provided beverage -serving machines in the City's parks for the past six years. The
City Council first approved a one-year license agreement beginning August 1, 1999. The City Council
approved one-year extensions of the agreement in 2000, 2001 and 2002 and a two-year extension in
2003. The current agreement is scheduled to expire on July 31, 2005. Coca-Cola is seeking a one-
year extension of the agreement for the period of August 1, 2005 through July 31, 2006. The average
annual revenue provided to the City has been $9,390 for the past two years. There are 10 beverage -
serving machines in six City parks:
Parks with Beverage -Serving Machines
Peterson Pantera
Maple Hill Heritage
Ronald Reagan Sycamore Canyon
DISCUSSION:
Since it has been six years since staff released a Request For Proposals (RFP) for a provider of
beverage -serving machines at the City's parks, staff believes it is time to release a new RFP to see if
there are other providers interested in providing this service in Diamond Bar. Rather than wait until
the end of the term for Amendment #5 (July 31, 2006), staff will complete the RFP process in the next
few weeks. If it turns out that a new provider is recommended by staff after the RFP process is
completed, staff will present that recommendation to the City Council for consideration during the
cooler months of the year. Staff believes it makes more sense to make a change when there is less
public demand for product from the machines during the cooler months than in the middle of summer
when the agreement ends. Section 3 of the original license agreement with Coca-Cola provides the
City Council the option to terminate the agreement with 30 days advance notice, with or without
cause.
REVIEWED BY:
Bob Rose
James DeStefano
Community Services Director Assistant City Manager
Attachments: Original License Agreement dated August 1, 1999
Amendment #4 to License Agreement for period of 8/1/03 — 7/31/05
Amendment #5 to License Agreement for period of 8/1/05 — 7/31/06
AMENDMENT #5 TO LICENSE AGREEMENT
THIS AMENDMENT #5 TO LICENSE AGREEMENT is made this 19' day of July, 2005 by and between the CITY OF
DIAMOND BAR, a municipal corporation of the State of California ("CITY") and COCA COLA BOTTLING
COMPANY OF LOS ANGELES (LICENSEE")
Recitals:
a. LICENSEE entered into a 12 month AGREEMENT with CITY effective August 1, 1999 ("the
AGREEMENT") for the placement of beverage -serving vending machines in City Parks.
b. Term of the AGREEMENT was revised per Amendment #1 to extend the AGREEMENT from August 1,
2000 through July 31, 2001.
Term of the AGREEMENT was revised per Amendment #2 to extend the AGREEMENT from August 1,
2001 through July 31, 2002.
d. Term of the AGREEMENT was revised per Amendment #3 to extend the AGREEMENT from August 1,
2002 through July 31, 2003.
e. Term of the AGREEMENT was revised per Amendment #4 to extend the AGREEMENT from August 1,
2003 through July 31, 2005.
f. Parties desire to amend the AGREEMENT to extend the term for an additional 12 months.
Now, therefore, the parties agree to amend the AGREEMENT as follows:
Section 1 — Term of the AGREEMENT provided in Section 2 is revised to extend the AGREEMENT
from August 1, 2005 through July 31, 2006.
Except as provided above, the AGREEMENT is in all other respects in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #5 TO AGREEMENT on the date and
year first written above.
ATTEST:
CITY OF DIAMOND BAR
A Municipal Corporation
Of the State of California
Signed
Wen P. Chang
Title: Mayor
APPROVED TO FORM
City Attorney
COCA COLA BOTTLING COMPANY
OF LOS ANGELES
Licensee
Signed
Title
Linda Lowry, City Clerk
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda #6.11
Meeting Date: 0711910
AGENDA REPORT
TITLE: APPROVAL FOR DH MAINTENANCE SERVICES TO COMPLETE AN ADDITIONAL
$16,500 OF AS -NEEDED WORK IN 2004/05 FY AND $17,000 OF AS -NEEDED WORK
IN 2005/06 FY AS AUTHORIZED BY CITY STAFF TO COMPLETE WORK
NECESSARY FOR THE BUILDING MAINTENANCE CONTRACT.
RECOMMENDATION: Approve.
FINANCIAL IMPACT: Funds for the as -needed work is already included in both the 2004/05 FY
budget and the 2005/06 FY budget.
BACKGROUND: The City Council has a contract with DH Maintenance Services to provide building
maintenance and janitorial services at three public buildings in Diamond Bar, the Diamond Bar
Center, Heritage Park Community Center and Pantera Park Activity Room. The contract allows staff
to authorize as -needed services up to an amount approved by the City Council. The types of as -
needed services required include: additional carpet cleaning, power cleaning of colored concrete, high
cleaning of light fixtures, beams and windows, janitorial staffing of late-night events at over -time rates,
and assistance as requested by city staff for exceptionally large events and quick turn -around times
between closely scheduled events.
DISCUSSION: The contract with DH Maintenance Services for the 2004/05 fiscal year has a City
Council authorization of $166,394. Additional authorization for services actually provided during the
2004/05 fiscal year is $16,500, for a total 2004/05 fiscal year authorization of $182,894. The contract
for the 2005/06 fiscal year has a City Council authorization of $175,194. Additional authorization for
services estimated to be provided during the 2005/06 fiscal year is $17,000, for a total 2005/06 fiscal
year authorization of $192,194. Funds for these expenses are already included in the respective fiscal
year budgets.
ATTACHMENTS: Vendor Services Agreements for the 2004/05 FY and the 2005/06 FY
REVIEWED BY:
Bob Rose James DeStefano
Director of Community Services Assistant City Manager
CITY OF DIAMOND BAR
COMMUNITY SERVICES DIVISION
VENDOR SERVICES AGREEMENT
THIS AGREEMENT is made as of June 21, 2005 by and between the City of Diamond Bar, a municipal
corporation ("City") and D.H. Maintenance Services ("Vendor").
RECITALS
A. City desires to utilize the services of the Vendor as an independent contractor to provide services to City as set
forth in Exhibit "A", the City's Request for Proposal dated March 5, 2004.
B. Vendor represents that it is fully qualified to perform such services by virtue of its experience and the training,
education and expertise of its principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained,
the parties hereto agree as follows:
1. Vendor's Services.
A. Scope of Services. The nature and scope of the specific services to be performed by Vendor are
as described in Exhibit "B" the Vendor's Response, dated March 4, 2004 to the City's Request for Proposals, dated March
5, 2004 and Exhibit "C" the Contract Cost Calculation, dated June 14, 2005.
B. Level of Services/Time of Performance. The level of and time of the specific services to be
performed by Vendor are as set forth in Exhibits "B" and "C".
2. Term of Agreement. This Contract shall take effect July 1, 2005, and shall continue until June 30, 2006
unless earlier terminated pursuant to the provisions herein.
3. Compensation. City agrees to compensate Vendor for each service which Vendor performs to the
satisfaction of City in compliance with the schedule set forth in Exhibits "B" and "C". Payment will be made only after
submission of proper invoices in the form specified by City. Total payment to Vendor pursuant to this Agreement shall
not exceed one -hundred seventy-five thousand one hundred ninety-four dollars ($175,194).
4. General Terms and Conditions. In the event of any inconsistency between the provisions of this
Agreement and Vendor's proposal, the provisions of this Agreement shall control.
5. Addresses.
City: City Manager
City of Diamond Bar
21825 East Copley Drive
Diamond Bar, CA 91765-4177
Vendor: George Wallis, Owner
D.H. Maintenance Services
2320 Back Nine Street
Oceanside, CA 92056
6. Standard of Performance. Vendor shall perform all work at the standard of care and skill ordinarily
exercised by members of the profession under similar conditions.
7. Indemnification. Vendor agrees to indemnify the City, its officers, agents, volunteers, employees, and
attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to
persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity,
corporation, political subdivision or other organization arising out of the acts, errors or omissions of Vendor, its agents,
employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder.
In the event there is more than one person or entity named in the Agreement as a Vendor, then all obligations, liabilities,
covenants and conditions under this Section 7 shall be joint and several.
8. Insurance. Vendor shall at all times during the term of this Agreement carry, maintain, and keep in full
force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or
policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single
limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Vendor, its officers,
employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage
insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits
coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages
that may be the result of errors, omissions, or negligent acts of Vendor, in an amount of not less than $1,000,000 per
occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by
law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on
the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to
comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that
any insurance maintained by the City shall be excess insurance only.
A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled,
reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier
without the insurance carrier giving City thirty (30) day's prior written notice thereof. Vendor agrees that it will not
cancel, reduce or otherwise modify the insurance coverage.
B. All policies of insurance shall cover the obligations of Vendor pursuant to the terms of this Agreement;
shall be issued by an insurance company which is admitted to do business in the State of California or which is approved
in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII.
C. Vendor shall submit to City (1) insurance certificates indicating compliance with the minimum worker's
compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other
minimum insurance requirements above, not less that one (7) days prior to beginning of performance under this
Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured
Endorsement", or a substantially similar form which the City has agreed in writing to accept.
9. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written
notice to the other party. However, Vendor shall not terminate this Agreement during the provision of services on a
particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the
event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination,
City agrees to pay Vendor for services satisfactorily rendered prior to the effective date of termination. Immediately upon
receiving written notice of termination, Vendor shall discontinue performing services.
10. Personnel. Vendor represents that it has, or will secure at its own expense, all personnel required to
perform the services under this Agreement. All of the services required under this Agreement will be performed by
Vendor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Vendor
reserves the right to determine the assignment of its own employees to the performance of Vendor's services under this
Agreement, but City reserves the right, for good cause, to require Vendor to exclude any employee from performing
services on City's premises.
11. Non -Discrimination and Equal Employment Opportunity.
A. Vendor shall not discriminate as to race, color, creed, religion, sex, marital status, national origin,
ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and
duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such
nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers,
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection
for training, including apprenticeship.
B. Vendor will, in all solicitations or advertisements for employees placed by or on behalf of Vendor
state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for
employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or
mental handicap, medical condition, or sexual orientation.
C. Vendor will cause the foregoing provisions to be inserted in all subcontracts for any work
covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.
12. Assignment. Vendor shall not assign or transfer any interest in this Agreement nor the performance of
any of Vendor's obligations hereunder, without the prior written consent of City, and any attempt by Vendor to so assign
this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect.
13. Compliance with Laws. Vendor shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state, and local governments.
14. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the
conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this
Agreement. In no event shall the making by City of any payment to Vendor constitute or be construed as a waiver by City
of any breach of covenant, or any default which may then exist on the part of Vendor, and the making of any such
payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or
default.
15. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable
action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or
proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of
expert witnesses and Vendors.
16. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on
(a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business
hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses
heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in
writing pursuant to the provisions of this section.
17. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws
of the State of California.
18. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be
deemed to be the original, and all of which together shall constitute one and the same instrument.
19. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference,
represents the entire and integrated agreement between Vendor and City. This Agreement supersedes all prior oral or
written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach
hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf
of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk.
20. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference.
21. Extension Option. The City Council shall have the option to extend this Agreement up to five (5)
additional one (1) year periods, subject to the same terms and conditions contained herein, by giving Vendor written
notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this
Agreement, or of any additional one (1) year extensions.
In the event the City Council exercises its option to extend the term of this Agreement for one or more additional
one year periods, the Vendor's unit prices shall be subject to adjustment at the commencement of the extended term and
annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the
City and the Vendor, with the limits being no increase to a maximum of the cost of living. The increase, if any, will be
calculated with reference to cost of living during the previous year. If the increase is approved by the City Council, the
increase will be calculated by adding the Vendor's monthly compensation, the amount, if any, obtained by multiplying the
contractor's compensation as of the adjustment date by the percentage by which the Consumer Price Index ("CPI") for the
Los Angeles -Anaheim -Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index
Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI
for the month one year prior to the Index Month. If the Index is discontinued, the Director's office shall, at its discretion,
substitute for the Index such other similar index as it may deem appropriate.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
"City"
CITY OF DIAMOND BAR
By:
Wen Chang, Mayor
Approved as to form:
By:
City Attorney
"Vendor"
D.H. Maintenance Services
By:
Its:
By:
Linda Lowry, City Clerk
EXHIBIT "C"
6/14/05
JANITORIAL SERVICES FOR
CITY OF DIAMOND BAR PUBLIC BUILDINGS
CONTRACT COST CALCULATION
FOR
CONTRACT PERIOD
OF
JULY 1, 2005 through June 30, 2006
1. Regular monthly Service for Diamond Bar Center — 12 months @ $2,124.50 per month =
2. Periodic services for Diamond Bar Center as requested by staff —
a. Carpet Cleaning: $1,400 per cleaning X 4 cleanings/yr = $5,600
b. Power clean colored concrete: $2,600 per cleaning X 2 cleanings/yr = $5,200
c. High Cleaning: $250 per cleaning X 12 cleanings/yr = $3,000
3. Building Maintenance staffing at Diamond Bar Center seven days per week =
(7/1/05 and continuing through 6/30/06)
-- 4 staff @ 40 hrs/wk X $14.00/hr X 52 weeks = $105,280
4. Staff assistance as requested by City staff for events and activities @ $14.00 per hour =
$10,720
5. Regular monthly Service for Heritage Park Community Center — 12 mos. @ $475 per mo. _
(Service seven days per week)
6. Regular monthly Service for Pantera Activity Room — 12 mos. @ $250 per mo. _
(Service five days per week)
$25,494
$13,800
$116,480
$5,700
$3,000
GRAND TOTAL NOT -TO -EXCEED $175,194
CITY OF DIAMOND BAR
COMMUNITY SERVICES DIVISION
VENDOR SERVICES AGREEMENT
THIS AGREEMENT is made as of August 3, 2004 by and between the City of Diamond Bar, a municipal
corporation ("City") and D.H. Maintenance Services ("Vendor").
RECITALS
A. City desires to utilize the services of the Vendor as an independent contractor to provide services to City as set
forth in Exhibit "A", the City's Request for Proposal dated March 5, 2004.
B. Vendor represents that it is fully qualified to perform such services by virtue of its experience and the training,
education and expertise of its principals and employees.
NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained,
the parties hereto agree as follows:
1. Vendor's Services.
A. Scope of Services. The nature and scope of the specific services to be performed by Vendor are
as described in Exhibit "B" the Vendor's Response, dated March 4, 2004 to the City's Request for Proposals, dated March
5, 2004 and Exhibit "C" the Contract Cost Calculation, dated July 28, 2004.
B. Level of Services/Time of Performance. The level of and time of the specific services to be
performed by Vendor are as set forth in Exhibits "B" and "C".
2. Term of Agreement. This Contract shall take effect July 1, 2004, and shall continue until June 30, 2005
unless earlier terminated pursuant to the provisions herein.
3. Compensation. City agrees to compensate Vendor for each service which Vendor performs to the
satisfaction of City in compliance with the schedule set forth in Exhibits "B" and "C". Payment will be made only after
submission of proper invoices in the form specified by City. Total payment to Vendor pursuant to this Agreement shall
not exceed one -hundred sixty-six thousand three hundred ninety-four dollars ($166,394).
4. General Terms and Conditions. In the event of any inconsistency between the provisions of this
Agreement and Vendor's proposal, the provisions of this Agreement shall control.
5. Addresses.
City: City Manager
City of Diamond Bar
21825 East Copley Drive
Diamond Bar, CA 91765-4177
Vendor: George Wallis, Owner
D.H. Maintenance Services
2320 Back Nine Street
Oceanside, CA 92056
6. Standard of Performance. Vendor shall perform all work at the standard of care and skill ordinarily
exercised by members of the profession under similar conditions.
7. Indemnification. Vendor agrees to indemnify the City, its officers, agents, volunteers, employees, and
attorneys against, and will hold and save them and each of them harmless from, and all actions, claims, damages to
persons or property, penalties, obligations, or liabilities that may be asserted or claimed by any person, firm, entity,
corporation, political subdivision or other organization arising out of the acts, errors or omissions of Vendor, its agents,
employees, subcontractors, or invitees, including each person or entity responsible for the provision of services hereunder.
In the event there is more than one person or entity named in the Agreement as a Vendor, then all obligations, liabilities,
covenants and conditions under this Section 7 shall be joint and several.
8. Insurance. Vendor shall at all times during the term of this Agreement carry, maintain, and keep in full
force and effect, with an insurance company admitted to do business in California and approved by the City (1) a policy or
policies of broad -form comprehensive general liability insurance with minimum limits of $1,000,000.00 combined single
limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Vendor, its officers,
employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage
insurance with a minimum limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits
coverage of $500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages
that may be the result of errors, omissions, or negligent acts of Vendor, in an amount of not less than $1,000,000 per
occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00 or the amount required by
law, whichever is greater. City, its officers, employees, attorneys, and volunteers shall be named as additional insureds on
the policy(ies) as to comprehensive general liability, property damage, and automotive liability. The policy (ies) as to
comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that
any insurance maintained by the City shall be excess insurance only.
A. All insurance policies shall provide that the insurance coverage shall not be non -renewed, canceled,
reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier
without the insurance carrier giving City thirty (30) day's prior written notice thereof. Vendor agrees that it will not
cancel, reduce or otherwise modify the insurance coverage.
B. All policies of insurance shall cover the obligations of Vendor pursuant to the terms of this Agreement;
shall be issued by an insurance company which is admitted to do business in the State of California or which is approved
in writing by the City; and shall be placed with a current A.M. Best's rating of no less that A VII.
C. Vendor shall submit to City (1) insurance certificates indicating compliance with the minimum worker's
compensation insurance requirements above, and (2) insurance policy endorsements indicating compliance with all other
minimum insurance requirements above, not less that one (7) days prior to beginning of performance under this
Agreement. Endorsements shall be executed on City's appropriate standard forms entitled "Additional Insured
Endorsement", or a substantially similar form which the City has agreed in writing to accept.
9. Termination. Either party may terminate this Agreement with or without cause upon fifteen (15) days' written
notice to the other party. However, Vendor shall not terminate this Agreement during the provision of services on a
particular project. The effective date of termination shall be upon the date specified in the notice of termination, or, in the
event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination,
City agrees to pay Vendor for services satisfactorily rendered prior to the effective date of termination. Immediately upon
receiving written notice of termination, Vendor shall discontinue performing services.
10. Personnel. Vendor represents that it has, or will secure at its own expense, all personnel required to
perform the services under this Agreement. All of the services required under this Agreement will be performed by
Vendor or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Vendor
reserves the right to determine the assignment of its own employees to the performance of Vendor's services under this
Agreement, but City reserves the right, for good cause, to require Vendor to exclude any employee from performing
services on City's premises.
11. Non -Discrimination and Equal Employment Opportunity.
A. Vendor shall not discriminate as to race, color, creed, religion, sex, marital status, national origin,
ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and
duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such
nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers,
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection
for training, including apprenticeship.
B. Vendor will, in all solicitations or advertisements for employees placed by or on behalf of Vendor
state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for
employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or
mental handicap, medical condition, or sexual orientation.
C. Vendor will cause the foregoing provisions to be inserted in all subcontracts for any work
covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.
12. Assignment. Vendor shall not assign or transfer any interest in this Agreement nor the performance of
any of Vendor's obligations hereunder, without the prior written consent of City, and any attempt by Vendor to so assign
this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect.
13. Compliance with Laws. Vendor shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state, and local governments.
14. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the
conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this
Agreement. In no event shall the making by City of any payment to Vendor constitute or be construed as a waiver by City
of any breach of covenant, or any default which may then exist on the part of Vendor, and the making of any such
payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or
default.
15. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable
action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or
proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of
expert witnesses and Vendors.
16. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on
(a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business
hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses
heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in
writing pursuant to the provisions of this section.
17. Governing Law. This Contract shall be interpreted, construed and enforced in accordance with the laws
of the State of California.
18. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be
deemed to be the original, and all of which together shall constitute one and the same instrument.
19. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference,
represents the entire and integrated agreement between Vendor and City. This Agreement supersedes all prior oral or
written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach
hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf
of the City will only be valid if signed by the City Manager or the Mayor and attested by the City Clerk.
21. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference.
21. Extension Option. The City Council shall have the option to extend this Agreement up to five (5)
additional one (1) year periods, subject to the same terms and conditions contained herein, by giving Vendor written
notice of exercise of this option to renew at least thirty (30) days prior to the expiration of the initial term of this
Agreement, or of any additional one (1) year extensions.
In the event the City Council exercises its option to extend the term of this Agreement for one or more additional
one year periods, the Vendor's unit prices shall be subject to adjustment at the commencement of the extended term and
annually thereafter ("the adjustment date") as follows: Any increase in compensation will be negotiated between the
City and the Vendor, with the limits being no increase to a maximum of the cost of living. The increase, if any, will be
calculated with reference to cost of living during the previous year. If the increase is approved by the City Council, the
increase will be calculated by adding the Vendor's monthly compensation, the amount, if any, obtained by multiplying the
contractor's compensation as of the adjustment date by the percentage by which the Consumer Price Index ("CPI") for the
Los Angeles -Anaheim -Riverside metropolitan area for the month immediately preceding the Adjustment Date (the "Index
Month") reported by the Bureau of Labor Statistics of the United States Department of Labor, has increased over the CPI
for the month one year prior to the Index Month. If the Index is discontinued, the Director's office shall, at its discretion,
substitute for the Index such other similar index as it may deem appropriate.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
"City"
CITY OF DIAMOND BAR
By:
Bob Zirbes, Mayor
Approved as to form:
By:
City Attorney
"Vendor"
D.H. Maintenance Services
By:
Its:
EXHIBIT "C"
7/28/04
JANITORIAL SERVICES FOR
CITY OF DIAMOND BAR PUBLIC BUILDINGS
CONTRACT COST CALCULATION
FOR
CONTRACT PERIOD
OF
JULY 1, 2004 through June 30, 2005
1. Regular monthly Service for Diamond Bar Center — 12 months @ $2,124.50 per month =
2. Periodic services for Diamond Bar Center as requested by staff =
a. Carpet Cleaning: $1,400 per cleaning X 4 cleanings/yr = $5,600
b. Power clean colored concrete: $2,600 per cleaning X 2 cleanings/yr = $5,200
c. High Cleaning: $250 per cleaning X 12 cleanings/yr = $3,000
3. Building Maintenance staffing at Diamond Bar Center seven days per week =
(Starting 8/9/04 and continuing through 6/30/05 — 47 weeks)
-- 4 staff @ 40 hrs/wk X $14.00/hr X 47 weeks = $105,280
4. Staff assistance as requested by City staff for events and activities @ $14.00 per hour =
$10,720
5. Regular monthly Service for Heritage Park Community Center — 12 mos. @ $475 per mo. _
(Service seven days per week)
6. Regular monthly Service for Pantera Activity Room — 12 mos. @ $250 per mo. _
(Service five days per week)
7. Regular monthly Service for Sycamore Canyon Portable — 12 mos. @ $200 per mo. _
(Service five days per week 6/1 through 8/31)
(Service one day per week 9/1 through 5/31)
$25,494
$13,800
$105,280
$5,700
$3,000
$2,400
GRAND TOTAL NOT -TO -EXCEED $166,394
Agenda #7.1
Meeting Date: July 19, 2005
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: ADOPT RESOLUTION NO. 2005 -XX: A RESOLUTION FINDING THE
CITY OF DIAMOND BAR IN CONFORMANCE WITH THE
CONGESTION MANAGEMENT PROGRAM (CMP) AND ADOPTING
THE CMP LOCAL DEVELOPMENT REPORT, IN ACCORDANCE WITH
CALIFORNIA GOVERNMENT CODE SECTION 65089
RECOMMENDATION:
E••
FINANCIAL SUMMARY:
CMP conformance is required for Diamond Bar to receive State Gas Tax funds and to
preserve our eligibility for other State and Federal transportation dollars. Acting as the
County's Congestion Management Agency, the Los Angeles County Metropolitan
Transportation Authority (LACMTA) requires the City to prepare an annual CMP
compliance report.
BACKGROUND/DISCUSSION:
Since 1990, the LACMTA has managed the adopted Congestion Management Program
which requires annual updates for Los Angeles County and local jurisdictions.
The CMP requires local jurisdictions to:
• Assist in monitoring the CMP highway and transit system;
• Implement a transportation demand management ordinance;
• Implement a program to analyze the impacts of local land use decisions on the
regional transportation system; and
• Participate in the Countywide Deficiency Plan.
As the CMP matures into its second decade, the LACMTA is working with stakeholders
throughout Los Angeles County for potential program changes. Currently, the LACMTA
is conducting a Nexus Study to explore the feasibility of implementing a countywide
congestion mitigation fee to address the regional impacts of new development. This
1
study is scheduled to be completed by June 2006.
While the Nexus study is underway, local jurisdictions only report their new net
development activity on the Local Development Report (LDR) and adopt the self -
certification resolution. Diamond Bar's 78,651 accumulated credit balance accomplished
with a system of debits for new development offset by credits for transportation
improvement benefits is temporarily frozen. Diamond Bar's credit benefits included the
cumulative and collective efforts of the Transit and Dial -a -Ride programs, Web page, On-
line services, Info -to -go, and the transportation capital improvements.
Development for Diamond Bar from June 1, 2004 to May 31, 2005 includes 18 new
single family residences on vacant in -fill lots in the Country Estates and Tract No. 31977
on Gold Rush Drive, and newly created vacant lots in Windmill Estates Tracts (through
the Country Estates gates). No new commercial building permits were issued during this
reporting period.
In conclusion, the City of Diamond Bar remains in compliance with the 2004 Congestion
Management Program for Los Angeles County.
Prepared By: Linda Kay Smith, Development Services Associate
Reviewed by:
David G. Liu
Director of Public Works
James DeStefano
Assistant City Manager
Attachments:
1. Resolution 2005 -XX
2. City of Diamond Bar 2005 Congestion Management Program Local Development
Report
1
RESOLUTION NO. 2005-
A RESOLUTION OF THE CITY OF DIAMOND BAR CITY
COUNCIL FINDING THE CITY OF DIAMOND BAR IN
CONFORMANCE WITH THE CONGESTION MANAGEMENT
PROGRAM (CMP) AND ADOPTING THE CMP LOCAL
DEVELOPMENT REPORT, IN ACCORDANCE WITH
CALIFORNIA GOVERNMENT CODE SECTION 65089
A. RECITALS.
WHEREAS, CMP statute requires the Los Angeles County Metropolitan
Transportation Authority ("LACMTA"), acting as the Congestion Management Agency
for Los Angeles County, to annually determine that the County and cities within the
County are conforming to all CMP requirements; and
WHEREAS, LACMTA requires submittal of the CMP Local Development Report by
September 1 of each year; and
WHEREAS, the City Council held a noticed public hearing on July 19, 2005.
B. RESOLUTION.
NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF DIAMOND BAR
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the City Council has taken all of the following actions and that
the City of Diamond Bar is in conformance with all applicable requirements of 2004
CMP adopted by the LACMTA Board on July 22, 2004.
By June 15, of odd -numbered years, the City of Diamond Bar will conduct annual
traffic counts and calculated levels of service for selected arterial intersections,
consistent with the requirements identified in the CMP Highway and Roadway System
chapter.
The City of Diamond Bar has locally adopted and continues to implement a
transportation demand management ordinance; consistent with the minimum
requirements identified in the CMP Transportation Demand Management chapter.
The City of Diamond Bar has locally adopted and continues to implement a land
use analysis program, consistent with the minimum requirements identified in the CMP
Land Use Analysis Program Chapter.
The City of Diamond Bar has adopted a Local Development Report (LDR),
attached hereto and made a part hereof, consistent with the requirements identified in
3
the 2004 CMP. This report balances traffic congestion impacts due to growth within the
City of Diamond Bar with transportation improvements, and demonstrates that the City
of Diamond Bar is meeting its responsibilities under the Countywide Deficiency Plan
consistent with the LACMTA Board adopted 2003 Short Range Transportation Plan.
SECTION 2. That the City Clerk shall certify to the adoption of this Resolution
and shall forward a copy of this Resolution to the Los Angeles County Metropolitan
Transportation Authority, Stacy Alameida, Congestion Management Program, Mail Stop
99-23-2, One Gateway Plaza, Los Angeles County, CA 90012-2952.
PASSED, APPROVED AND ADOPTED THIS 19th DAY OF JULY 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, adopted and approved at a regular meeting of the
City Council of the City of Diamond Bar held on 19th day of July, 2005, by the following
vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Linda C. Lowry, City Clerk
City of Diamond Bar
12
Agenda # 8.1
Meeting Date: July 19, 2005
CITY COUNCIL = AGENDA REPORT
ooRroR
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Appoint Traffic and Transportation Commissioner to Replace Newly
Appointed Planning Commissioner Tony Torng
RECOMMENDATION:
It is recommended that Mayor Chang select a Traffic and Transportation Commissioner
to fill the seat vacated by newly appointed Planning Commissioner Torng.
FINANCIAL SUMMARY:
There is no financial implication associated with the City Council appointment.
DISCUSSION:
Each Councilmember is allowed to appointment a member to each of the various City
Commissions. Prior to being appointed to the Planning Commission on July 5, 2005,
Mr. Torng served as Mayor Chang's appointment on the Traffic and Transportation
Commission. After being appointed to the Planning Commission, Mr. Torng was
required to resign his seat on the Traffic and Transportation Commission.
His resignation created a vacancy which Mayor Chang may now fill with a new
appointment. After Mayor Chang makes his selection, it is recommended that the City
Council ratify the appointment.
The required Notice of Vacancy for this position has been posted in accordance with all
applicable laws.
PREPARED BY:
David Doyle, Assistant City Manager