HomeMy WebLinkAbout4/18/2006Tuesday April 18, 2006
5:00 p.in. — Closed Session CC -8
5:15 p.Yn. — Study Session CC -8
6:30 p.m. — Regular Meeting
The Government Center
South Coast Air Quality Management District/
Main Auditorium
Z 1865 Copley Drive
Diamond Bar, CA 91765
Mayor Carol Herrera
Mayor Pro Tem Bob Zirbes
Council Member Wen Chang
Council Member Jack Tanaka
Council Member Steve Tye
City Manager Linda C. Lowry
City Attorney Michael Jenkins
City Clerk Tommye Cribbins
Copies of staff reports or other written documentation relating to agenda items are on file
in the Office of the City Clerk, and are available for public inspection. If you have questions regarding
an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours.
In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990,
the City of Diamond Bar requires that any person in need of any type of special equipment, assistance
or accommodation(s) in order to communicate at a City public meeting, must inform
the City Clerk a minimum of 72 hours prior to the scheduled meeting.
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DIAMOND BAR CITY COUNCIL MEETING RULES
Welcome to the meeting of the Diamond Bar City Council. Meetings of the Diamond Bar City
Council are open to the public and are cablecast live on Channel 3. You are invited to attend
and participate.
PUBLIC INPUT
Members of the public may address the Council on any item of business on the agenda
during the time the item is taken up by the Council. In addition, members of the public may,
during the Public Comment period, address the Council on any consent calendar item or any
matter not on the agenda and within the Council's subject matter jurisdiction. Persons
wishing to speak should submit a speaker slip to the City Clerk. Any material to be submitted
to the City Council at the meeting should be submitted through the City Clerk.
Speakers are limited to five minutes per agenda item, unless the Mayor determines
otherwise. The Mayor may adjust this time limit depending on the number of people wishing
to speak, the complexity of the matter, the length of the agenda, the hour and any other
relevant consideration. Speakers may address the Council only once on an agenda item,
except during public hearings, when the applicant/appellant may be afforded a rebuttal.
Public comments must be directed to the City Council. Behavior that disrupts the orderly
conduct of the meeting may result in the speaker being removed from the Council chambers.
INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL
Agendas for regular City Council meetings are available 72 hours prior to the meeting and
are posted in the City's regular posting locations, on DBTV Channel 3, and on the City's
website at www.ci.diamond-bar.ca.us. A full agenda packet is available for review during the
meeting, in the foyer just outside the Council chambers. The City Council may take action on
any item listed on the agenda.
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THIS MEETING IS BEING BROADCAST LIVE BY ADELPHIA FOR AIRING ON
CHANNEL 3 AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR
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CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
April 18, 2006
Next Resolution No. 2006-33
Next Ordinance No. 04(2006)
CLOSED SESSION: 5:00 p.m., Room CC -8
Public Comments on Closed Session Agenda
► Government Code Section 54956.8 — Conference with Real
Property Negotiators
Property Negotiations:
Address: Portion of Lot 13, Tract No. 3941 and
Portion of Lot 3, Tract No. 3941
Agency Negotiator: City Manager
Negotiating Party: Robert R. Reed Family Trust
STUDY SESSION: 5:15 p.m., Room CC -8
► Urgency Ordinance — Operation of Medical Marijuana Dispensaries
► Proposed Armed Forces Banner Program
► Discussion of Landscaping Plan for Grand Ave. medians.
Public Comments
CALL TO ORDER:
PLEDGE OF ALLEGIANCE:
INVOCATION:
ROLL CALL:
APPROVAL OF AGENDA:
6:30 P.M.
Mayor
Pastor Bob Stebe,
Northminister Presbyterian Church
Council Members Chang, Tanaka, Tye,
Mayor Pro Tem Zirbes, Mayor Herrera
Mayor
APRIL 18, 2006 PAGE 2
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Proclaiming April 21, 2006 as "Asthma Awareness Day". State Senator
Bob Margett's representative will also present a Certificate.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each
regular meeting agenda to provide an opportunity for members of the public to
directly address the Council on Consent Calendar items or matters of interest to
the public that are not already scheduled for consideration on this agenda.
Although the City Council values your comments, pursuant to the Brown Act, the
Council generally cannot take any action on items not listed on the posted
agenda. Please complete a Speaker's Card and give it to the Cit 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 Public Scoping Meeting for Design Planning of Lemon Ave. On -Off Ramp,
April 20, 2006 — 6:30 - 8:30 p.m., Room CC -6, AQMD/Government
Center, 21865 Copley Dr.
5.2 Planning Commission Meeting — April 25, 2006 — 7:00 p.m., Auditorium,
AQMDIGovernment Center, 21865 Copley Dr.
5.3 Neighborhood Traffic Management Program Meeting — April 25, 2006 —
7:00 p.m. (for neighborhoods of Cameron Crest Dr./Maple Spg. Dr., and
Golden Prados Dr./Sabana Dr. along north side of Golden Spgs. Dr.)
Diamond Bar Community Center Pine Room, 1600 Grand Ave.
5.4 Parks and Recreation Commission Meeting — April 27, 2006 — 7:00 p.m.,
Hearing Board Room, AQMD/Government Center, 21865 Copley Dr.
5.5 City Council Meeting — May 2, 2006 — 6:30 p.m., Auditorium,
AQMD/Government Center, 21865 Copley Dr.
5.6 Neighborhood Traffic Management Program Meeting — May 4, 2006 —
7:00 p.m. (for neighborhoods of Armitos PI., Between Pantera Dr. and Top
Ct. and Pantera Dr. between Armitos PI. and Bowcreek Dr.) Diamond Bar
Community Center Pine Room, 1600 Grand Ave.
APRIL 18, 2006 PAGE 3
5.7 D.B. Chamber of Commerce — "Building Success in the Southeast San
Gabriel Valley" — May 10, 2006 — 7:30 a.m. — 1:00 p.m., D.B. Center, 1600
Grand Ave.
5.8 Neighborhood Traffic Management Program Meeting — May 10, 2006 —
7:00 p.m. (for neighborhoods of Bent Twig Ln. and Adel Ave.IGerndal St.)
Diamond Bar Community Center Pine Room, 1600 Grand Ave.
6. CONSENT CALENDAR:
6.1 City Council Minutes:
6.1.1 Study Session of April 4, 2006 -Approve as submitted.
6.1.2 Regular Meeting of April 4, 2006 — Approve as submitted.
6.2 Planning Commission Minutes — Regular Meeting of March 14,
2006 - Receive and file.
6.3 Parks and Recreation Commission Minutes — Regular Meeting of
March 23, 2006 — Receive and file.
6.4 Ratification of Check Register — Ratify Check Register containing
checks dated April 6 through April 13, 2006 totaling $1,254,023.00.
6.5 Rejection of Claim - Filed by Lana Kopchick on January 20, 2006.
Recommended Action: Reject.
Requested by: City Clerk
6.6 Approve Notice of Completion for the 2005-06 Community
Development Block Grant Sidewalk Installation Project Along the
West Side of Diamond Bar Blvd. from Solitaire Street to Just North of
the Caltrans Park and Ride.
Recommended Action: Approve.
Requested by: Public Works Department
6.7 Adopt Resolution No. 2006 -XX: Approving the Application for
$272,000 of Land and Water Conservation Funds for Phase III of the
Sycamore Canyon Trails Project; if Awarded, Requires a $136,000
Match from the City, for the Sycamore Canyon Park Trails Project
from the Waterfall Area to the Base of the New Trailhead.
Recommended Action: Adopt.
APRIL 18, 2006 PAGE 4
Requested by: Community Services Department
6.8 Adopt Resolution No. 2006 -XX: Opposing AB 2887 (Nunez), "The
Digital Infrastructure and Video Competition Act of 2006", Which
Would Establish a Statewide Franchise for Cable and Video Services.
Recommended Action: Adopt.
Requested by: Legislative Sub -Committee
6.9 Approval of Appropriation from General Fund Reserves in the
Amount of $17,500 to Increase Planting Size of Twenty-four (24)
Camphor Trees from 24" Box to 36" Box and Authorization to Add
$17,500 to the 20ID5106 FY Contract with West Coast Arborists to
Provide and Plant the Trees, Increasing Their Contract Amount to
$252,625.
Recommended Action: Approve and Authorize.
Requested by: Community Services Department
7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters may be
heard
7.1 County Hills Towne Center — Request to Modify Conditional Use
Permit 2004-01(1).
Recommended Action: Open Public Hearing, receive testimony and
continue to May 2, 2006.
Requested by: Planning Department
8. COUNCIL CONSIDERATION:
8.1 Adopt Urgency Ordinance No. 0X(2006) Governing the Operation of
Medical Marijuana Dispensaries and Declaring the Urgency Thereof.
Recommended Action: Adopt.
Requested by: Planning Department
8.2 Approval of Armed Forces Banner Program and Appropriation of
$6,350 from General Fund Reserves for the First Year of the Program.
Recommended Action: Approve and Appropriate.
Requested by: Community Services Department
APRIL 18, 2006 PAGE 5
RECESS TO REDEVELOPMENT AGENCY ANNUAL MEETING
1. CALL TO ORDER: Chair Chang
ROLL CALL: Agency Members Herrera, Tanaka, Zirbes,
VC/Tye, C/Chang
2, 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 Agency on Consent Calendar items or matters of interest to
the public that are not already scheduled for consideration on this agenda.
Although the Redevelopment Agency values your comments, pursuant to the
Brown Act, the Agency generally cannot take any action on items not listed on
the posted agenda. Please com lete a speaker—'s Card and give it to the Agency
Secreta (completion of this form is voluntary), There is a five-minute maximum
time limit when addressing the Redevelopment Agency.
3. CONSENT CALENDAR:
3.1 Approve Minutes — Regular Meeting of December 6, 2005 — Approve
as submitted.
3.2 Approve Treasurer's Statement for April 1, 2005 through March 31,
2006.
4. AGENCY MEMBER CONSIDERATION: None
5. AGENCY MEMBER COMMENTS: Items raised by individual Agency Members
are for Agency discussion. Direction may be given at this meeting or the item
may be scheduled for action at a future meeting.
ADJOURN REDEVELOPMENT AGENCY MEETING
RECESS TO PUBLIC FINANCING AUTHORITY ANNUAL MEETING
CALL TO ORDER: Chair Tanaka
ROLL CALL: Authority Members Chang, Herrera, Zirbes, VC/Tye,
C/Tanaka
APRIL 18, 2006 PAGE 6
2, 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 Authority on Consent Calendar items or matters of interest to
the public that are not already scheduled for consideration on this agenda.
Although the Financing Authority values your comments, pursuant to the Brown
Act, the Authority generally cannot take any action on items not listed on the
posted agenda. Please complete a Speaker's Card and -give it to the Authorit
Secreta (completion of this form is voluntary). There is a five-minute_ maximum
time limit when addressing the Financing Authoritv. i
3. CONSENT CALENDAR:
3.1 Approve Minutes; - Regular Meeting of December 6, 2005 — Approve as
submitted.
3.2 Approve Treasurer's Statement for November 1, 2005 through March
31, 2006.
4. AUTHORITY MEMBER CONSIDERATION: None
5. AUTHORITY MEMBER COMMENTS: Items raised by individual Authority
Members are for Authority discussion. Direction may be given at this meeting or
the item may be scheduled for action at a future meeting.
ADJOURN PUBLIC FINANCING AUTHORITY MEETING
RECONVENE CITY COUNCIL MEETING:
9. COUNCIL SUB -COMMITTEE REPORTSICOUNCIL MEMBER COMMENTS:
10. ADJOURNMENT:
SEE AGENDA ITEM NO. 8.1
City Council Study Session Agenda No. SS # 2
April 18, 2006
Proposed Armed Forces Banner Program
At the City Council Study Session on April 4, the City Council directed staff to provide
sample artwork for military banners. Please find attached three designs, and some
slight variations to those designs.
Possible verbiage includes: (each banner will include City of Diamond Bar, name of
soldier, and branch of military)
Diamond Bar honors John Smith
Diamond Bar Salutes John Smith
Thank You for Serving. Or Thanks for Serving
Diamond Bar Thanks You
Diamond Bar Hero
Banners will be posted near the intersection of Grand Ave and Diamond Bar Blvd,
extending down each of the four legs of the intersection. This will leave the corner
banner locations available for City special event announcements.
Banners and installation will be paid for by the City of Diamond Bar. Total estimated
annual cost for 25 banners is: $6,346
Methods that will be used to solicit participants are:
a) News Releases to local newspapers.
b) Articles in monthly City newsletter.
c) Letters to participants of City's Veterans Day Recognition program.
d) Flyers posted in the community.
e) City's website.
f) Cable TV.
Banners are planned to be posted and removed at six month intervals. In other words,
every six months, new banners can be posted, and banners of soldiers who have
completed their active duty can be removed.
A ceremony is planned to be held at a Council meeting every six months to recognize
the soldiers and family members prior to the posting of the banners.
Prepared by:
Bob Rose, Director of Community Services
Lorry Meyer, Community Servicers Coordinator
Diamond Bar
Honors'
JOHN
SMITH
Marines
C
•
•
0
CC
0
THANK YOU FOR SERVING
0 *** ** . *1 �* * **
•
COVINA THANKS YOU
STUDY SESSION NO. 3
NO DOCUMENTATION AVAILABLE
SEE AGENDA ITEM NO. 6.9
Agenda No. 6.1.1
CITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION DRAFT
APRIL 4, 2006
STUDY SESSION: Mayor Herrera called the Study Session to order at
5:30 p.m. in Room CC -8 of the South Coast Air Quality Management
District/Government Center, 21,565 Copley Dr., Diamond Bar, CA.
Present: Council Members Chang, Tanaka, Tye, Mayor Pro
Tem Zirbes and Mayor Herrera.
Also Present: Linda Lowry, City Manager; David Doyle,
Assistant
City Manager; Michael Jenkins, City Attorney; David Liu, Public Works Director; Bob
Rose, Community Services Director; Nancy Fong, Interim Community Development
Director; Dennis Tarango, Building Official; Marsha Roa, Public information Manager;
Kim Crews, Human Resources Manager; Sharon Gomez, Public Works Services
Manager; Ryan McLean, Senior Management Analyst; Ken Desforges, IS Director;
Lorry Meyer, Community Services Coordinator/Seniors; and Tommye Cribbins, City
Clerk.
1) CITY COUNCIL GOALS ,AND OJECTIVES:
ACM/Doyle recommended that the Council Members advise staff which items should be
added and which items should be deleted by a majority vote of the Council and for the
Council to determine how it would like to prioritize or deal with the items on the list.
a) ITEMS RECOMMENDED BY COUNCIL MEMBERS FOR ADDITION:
1) Create Four Corners Task Force — completed; delete from list.
2) Pursue library bond application for 2006 — "Monitor and pursue"
3) Work with Charles Co. etc. to replace Kmart -- Merge with "Develop
Kmart/Jolly Bagel/Medical Center Block."
4) Modify City's website — pursue
5) Complete signal interconnect project — pursue.
6) Develop tree replacement program — Open to further discussion — add to list.
7) Develop Kmart/Jolly Bagel/Medical Center Block — pursue — ongoing.
8) Develop park at west end of Golden Springs and Calbourne — merge.
9) City of Industry property at the end of Calbourne against the freeway — modify
to include the Caltrans :yard — add to list.
Council concurred to add the above nine items (with two being merged for a total of
seven) to the City Council Goals and Objectives.
b) ITEMS RECOMMENDED BY COUNCIL MEMBERS FOR REMOVAL.
1) Wall improvements on the north and south sides of Pathfinder — (no funding
available) — remove.
APRIL 4, 2006 PAGE 2 CC STUDY SESSION
2) Look into cost-effective City medical coverage — remove (ongoing).
3) Enhance scope of DE3TV Channel 3 — remove the internship portion only.
4) Hire an economic development consultant — remove.
5) Push for conversion of K -mart to Sears Essential — remove.
6) Establish a supermarket in south D.B. — remove (done) — ICDD/Fong updated
the Council on the progress of the project.
7) Computerized Signal Management System — leave on list — ongoing.
8) Pursue purchase of Lots 1 & 61 — ongoing (move to the top of the list).
9) Preserve Windmill at Ralph's — pursue; ICDD/Fong reported that the Contract
Cities planner has studied this issue and the Planning Department plans to
forward a memorandum to Council to detail the various methods of preserving
the Windmill.
10) City Council and Staff visioning — remove.
11) Expand sphere of influence — leave on list — ongoing.
12) Establish contiguous neighborhoods within City ZIP code — leave on —
ongoing.
M/Herrera asked staff to reformat the list for Council ranking at the next study session.
2) DISCUSSION OF PLACING MILITARY BANNERS ON STREETS:
CSD/Rose reported that the intent of this program was to post banners along a major
boulevard within the City to honor individuals (and their families) who were serving in
the military and that when the war ends the banner would be given to the soldier or his
family. CSD/Rose recommended that Council discuss whether the City should
implement this program and if so, how would the City pay for the program ($225 per
banner). Staff believes that the family of the soldier should pay for the banner ($110)
and the City would pay for the supporting hardware ($115) with the family retaining the
banner and that the City would retain the hardware to be used for other banner
programs. Other considerations would include design of the banner; location of the
Postings (staff would recommend Diamond Bar Boulevard) and, how to get participation.
The total estimated annual net coast is $3,596.
M/Herrera asked if other cities charged families for the cost of their banners.
CSD/Rose believed that Walnut was not charging and other cities such as San Dimas
and Rancho Cucamonga charged for the banners.
CSCS/Meyer said that Covina started a community based non-profit foundation to fund
their program.
M/Herrera said she was uncomfortable charging the families for the cost of the banners.
Many residents have mentioned that other cities are honoring their citizens who are
perhaps the Diamond Bar Community Foundation and others could sponsor tfighting for their freedom and why its D. B. not showing its patriotism. She suggested that
he project.
APRIL 4, 2006 PAGE 3 CC STUDY SESSION
MPT/Zirbes asked if there was any reason the City could not pay for the banners and
give them to the recipient at a Council ceremony.
M/Herrera asked why cities charge the recipients for the banners.
CSD/Rose said he believed the cities did not want to use their general funds for this
type of a project.
C/Tye said it was more of a matter of pride than patriotism and he would not want to ask
the individual to pay for a banner. D.B. does a great deal to foster pride including
sponsor an annual birthday party. In fact, D.B. spends $5,000 on inflatable bounce
houses for the birthday party and he said he would agree that $5,000 would be little to
pay to honor service people. The Council concurred.
C/Tanaka found it difficult to read the soldiers' names on banners in other cities. Council
concurred that the most important component of the banner should be the soldier's
name.
MPT/Zirbes said he liked the banners in Glendora. He felt the banners should be
displayed at the intersections of Diamond Bar Blvd. and Grand Ave. Council concurred
to utilize the first four poles at the recommended intersections for the City's advertising
of special events and then place the military banners thereafter.
CSD/Rose stated that staff would bring back a formal proposal at the next meeting.
Public Comments: None Offered.
ADJOURNMENT: With no further business to come before the City Council,
M/Herrera adjourned the Study Session at 6:10 p.m.
Tommye Cribbins, City Clerk
The foregoing minutes are hereby approved this day of 2006.
CAROL HERRERA, Mayor
Agenda No. 6.1.2
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
APRIL 4, 2006
I N• DRAFT
CLOSED SESSION: S 5.00 p.m., Room CC -8
Public Comments on Closed Session Agenda Items
► Government Code §549,156.8 -- Conference with Real Property Negotiators
(1) Property Negotiations:
Address:
Agency Negotiator:
Negotiating Party:
(2) Property Negotiations:
Address:
Agency Negotiator:
Negotiating Party
Under Negotiations
Portion of Lot 13, Tract No. 3941 and,
Portion of Lot 3, Tract No. 3941
City Manager
Robert R. Reed Family Trust
Portion of Lot 1, Tract 1479, and
Lot 61, Tract No. 42557
City Manager
D&L Properties, Inc.
Price and Terms of Payment
STUDY SESSION: 5:30 p.m., Room CC -8, The Government
Center/SCAQMD Auditorium, 2'1865 Copley Dr., Diamond Bar, CA.
► Review Sports Field CIP — Lorbeer Field
► Library Survey
M/Herrera adjourned the Study Session at 6:10 p.m. to the Regular City Council Meeting.
CALL TO ORDER: Mayor Herrera called the Regular City Council meeting to
order at 6:32 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr.,
Diamond Bar, CA.
CA/Jenkins reported that Council met in Closed Session at 5:00 p.m. to discuss two
matters of negotiation of real property with the City's real estate negotiator. No reportable
action was taken during the Closed Session that was recessed at approximately 5:30 p.m.
M/Herrera reported that during the Study Session Council reviewed its goals for FY
2005/06 and discussed potential goals for FY 2006/07. The items will come back to the
Council for ranking and be discussed during a future meeting. Also discussed during the
Study Session was whether to place military banners on major City streets to honor
residents currently serving in the military. This item will be placed on the next City Council
agenda for consideration.
PLEDGE OF ALLEGIANCE: M/Herrera led the Pledge of Allegiance.
APRIL 4, 2006 PAGE 2 CITY COUNCIL
INVOCATION: None Offered.
ROLL CALL: Council Members Chang, Tanaka, Tye, Mayor Pro Tem
Zirbes and Mayor Herrera.
Staff Present: Linda Lowry, City Manager; David Doyle, Assistant City
Manager; Michael Jenkins, City Attorney; David Liu, Public Works Director; Bob Rose,
Community Services Director; Kim Crews, Human Resources Manager; Linda Magnuson,
Finance Director; Nancy Fong, Interim Community Development Director; Dennis Tarango,
Building Official; Ken Desforges, Information Systems Director; Ryan McLean, Senior
Management Analyst and Tomrnye Cribbins, City Clerk.
APPROVAL OF AGENDA: As Presented.
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Certificates of Recognition to D.B. 4 Youth "In Action" Logo Winners: C/Tye
presented to First Place winner Benjamin Berk from Diamond Ranch High
School and C/Tanaka presented to Second Place Winner Charmaine Platon
from Diamond Bar High School.
1.2 CITye proclaimed) April 2006 as "Sexual Assault Awareness Month"
designating April 19, 2006 as "Denim Day" in D.B.
1.3 C/Chang proclaimed April 2006 as "National Donate Life Month" designation
for the commitment of donating organs and tissue and presented the
proclamation to Kenny Wong, donor organ recipient.
1.4 MPT/Zirbes proclaimed April 2 thru 8, 2006 as "National Library Week —
Change Your World at Your Library" and presented the proclamation to Irene
Wang, Librarian, Marsha Hawkins and Marnie Shu, D.B. Friends of the
Library.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
2.1 Presentation by Clifford M. Johnson, Executive Director of NLC Institute of
Youth Education and Families re: Youth Master Planning Process.
Clifford M. Johnson, Executive Director of the NLC Institute For Youth,
Education and Families, spoke about the Youth Master Planning process. He
stated that his organization was an entity within the National League of Cities
with a mission to strengthen the capacity of municipal leaders throughout the
nation to address the needs of children, youth and families in their own
communities. The institute recently hosted a two-day meeting in Long Beach
consisting of teams from six cities that were competitively selected nationally
to participate in a youth master planning technical assistance project. D.B.
was one of the six cities and D.B. is a leader in the youth master planning
APRIL 4, 2006 PAGE 3 CITY COUNCIL
process nationally already having produced a carefully researched and
developed comprehensive master plan for the community. There are only a
handful of cities in the U.S. that have such a plan and it is a significant
accomplishment for which the entire City should feel proud. Collaborators in
the D.B. Youth Master Plan include major players from every sector of the
community including City leaders and staff, young people, PUSD and
WVUSD representatives, representatives from youth -serving and youth -
based organizations, sports organizations, community-based organizations,
faith -based organizations, the Library and the Sheriffs Department. Mr.
Johnson said that after meeting todaywith Walnut Assistant Superintendent
Dr. Greg Pletko and Assistant D.B.H.S. Principal Tim Bryan, it was clear to
him that the two School Districts were key partners for this effort going
forward. The National League of Cities commends the City's continued
commitment to making the Youth Master Plan a living document that will
allow informed decisions for youth and support young people ages 0-24. This
is a long-term process and the NLC looks forward to supporting and
celebrating D.B. as the plan's results and affects continue to unfold. He said
he greatly appreciated C/Tanaka's attendance and contributions during the
two-day meeting, M/Herrera's contributions and the invaluable participation
of RS/Meyers and looked forward to continuing to banner D.B. as the
example of progress. He hoped that the Council would consider action
adopting the City Platform document for strengthening families and
improving outcomes for children and youth developed by the NLC.
Mr. Johnson introduced Leon Andrews, Program Director for Youth
Development, Rebecca McCarr, Program Associate for Youth Development
and Jessica Hembry, Thomas M. Menio Fellow.
2.2 PWD/Liu gave a presentation regarding the Brea Canyon Road off -ramp
construction project
PWD/Liu stated that during the March 21 City Council Meeting C/Chang
reminded staff that with the reopening of the westbound SR 60 off -ramp
there needed to be! better signage to properly advise approaching motorists.
On March 22 staff contact Caltrans and for the past couple of weeks
Caltrans has used a combination of signs to better inform the public.
PWD/Liu presented visuals of the temporary and proposed permanent
signage. The permanent sign project is proposed to commence in August
and be completed within two months. In addition, the entire Caltrans project
should be completed by December 2006, six months ahead of the original
schedule.
MPT/Zirbes felt that the temporary signs were inadequate and were causing
traffic backup because they were not easy to read.
PWD/Liu said that staff had conveyed the same concerns to Caltrans and
believed that Caltrans could do better with the temporary signage and that
there would be a definite improvement with the permanent signs.
APRIL 4, 2006 PAGE 4 CITY COUNCIL
MPT/Zirbes said he was very concerned about the possibility of accidents
occurring and hoped that Caltrans would be able to advance its installation
schedule.
C/Chang thanked PWD/Liu for his quick response and asked him to thank
Caltrans for their quick response.
3. PUBLIC COMMENTS:
Helen Doss, 23806 Cholame Drive, stated that with respect to Item 6.8 (d) that for
many years, local entities had taken property to build schools, highway and other
structures for public use. Since the recent Supreme Court decision on Kelo v. Cityof
New London local entities have been taking private properties to transfer ownership
to private developers that would bring in tax revenue and she found it to be a
frightening circumstance. SCA 20 is a constitutional amendment that would, in her
opinion, protect California property owners from the unfair use of Eminent Domain.
When she was in school she learned about how governments in Austria, Russia and
Germany took private property from their citizens and she was taught that this would
never happen in America and now it is happening. Even with Eminent Domain there
is some compensation but it could hardly be called "just compensation." She read
from the U.S. Constitution. The Council's support of SCA 20 would go a long way
toward enhancing the trust of the citizens and the Council's opposition will destroy
the public's trust in this public entity. She urged the Council to seriously consider
the D.B. property owners that would be protected by the passage of SCA 20.
Mike Spence, D.B.H.S. Swim Coach, showed trophies and individual medals won by
members of the swim tearn during the current year. He said that the City needed a
pool and was pleased to see representatives from Washington D.C. working on
behalf of the youth. He stated that it would be more cost-effective to build a
community pool that would offer all -day classes. With the right kind of pool D.B.
could attract a variety of interest.
Han! Abuershaid, D.B.H.S. senior and swim team co -captain, said he had been on
the varsity swim team since he was a freshman. He acknowledged the
accomplishments of the swim teams and said it was difficult to watch Coach
Spence's hard work and devotion and the swimmers go to waste because there was
no swim pool in D.B. He has been a swimmer since age 6 and has had to travel to
adjacent cities to practice. He felt that with new businesses coming into D.B. it
would be a good time for the City to invest some of the revenue in a pool complex
that could be used by the high school and private club teams. D.B. failed to take
advantage of the $2.5 million offer from City of Industry and the money went to
LaMirada, and LaMirada is in the process of building an indoor pool complex.
Kenny Grant, a 500 meet and yard swimmer, D.B.H.S. swim team, said he was
speaking on behalf of the swim team and the community. This year D.B. has won Its
entire swim meets except for one and he and his teammates believe that in orderto
perform to their full potential a community pool should be built on the D.B.H.S.
APRIL 4, 2006 PAGE 5 CITY COUNCIL
Campus to serve as the team's home pool and during the summer and off-season
the pool could be used by the community and swim club teams. He hoped the
Council would consider building a community pool to help the swim team and to
benefit the community.
Tiffany and Carolyn Jean, varsity swim team captains, outlined the cost benefits of a
community pool. Tiffany said that during swim meets parents and swim team
members take advantage of local businesses, which provides additional revenue for
the City. She spoke about the City of Industry attracting swimmers from miles away
and hosting national swim meets and smaller meets that attract swimmers and their
families from throughout the U.S. People who attend these functions stay at local
hotels, shop at the shopping centers and eat at local restaurants. Due to the
excellence of the City of Industry swimmers the teams were sponsored by Speedo.
Carolyn Jean asked why it was important to upgrade the computers and learning
environment and it was not important to recognize that the youth and the community
need a pool for exercise and promotion of excellence. Tiffany said she knew that
the summer program in Industry was a big income generator. The D.B. H.S. swim
team has received a lot of recognition and the members want to remain a "force to
be reckoned with."
Alex Wu, varsity captain and Anthony Chethalan, seniorswimmer: Alex spoke about
how his team works and said they understood how difficult it was for parents to
come home after work and then have to go out again to drive their kids to and from
practice in Walnut and because of gas prices it was an expensive drive. If D.B. had
a pool it would be much easier for students and parents to make better use of their
time. Anthony said that swimming at Walnut was great but it was not D.B.'s pool.
The D.B. team improves at a better rate than any other team because the members
and the coach are very dedicated. Recently coach sent an email to all team
members advising them that 25 percent of the team members were out sick. The
team consists of almost 90 people and members get sick because they're out in the
cold and rain at night practicing. In short, without a local pool the team is unable to
participate at a 100 percent level. Even though the D.B.H.S. swim team members
are very dedicated it is difficult to compete against the better teams because of the
circumstances under which the team must exist.
Allen Thai, captain, varsity boys' team, said that his team could benefit by having a
local pool. For the past two years the team has been second in the league and
trying to move toward first but Damian is always in the way because they have their
own pool and strong private clubs feeding into their pool. The only club that feeds
into the D.B.H.S. swim team is Brea Aquatics and most of their swimmers swim in
Walnut. Allen said his team should not have to swim in a rival school's pool. His
team swims two meets a year against Walnut and thankfully, the meet has been
held at Mt. SAC because it is embarrassing to have to go to a rival's pool to swim
against the people who own the pool. His team could benefit from having a pool
because the teams could practice early morning and afternoons when other teams
practice. The swim team students also excel academically and would definitely
benefit from being able to dedicate more waking hours to school studies. In
addition, with a local pool there could be a water polo team, which the kids want.
APRIL 4, 2006 PAGE 6 CITY COUNCIL
Coach Spence said in his opinion it would not hurt the property owners in D.B. to
have their property taxes raised $50 per year to build a pool. Last year he and City
of Industry provided information to D.B. indicating a pool would operate with a
positive cash flow.
MPT/Zirbes said he appreciated the speakers' solidarity. His daughter Joanna
swam varsity at D.B.H.S. for three years and he certainly understood the
inconvenience of having to drive to Walnut. He suggested that the team members
attend a School Board meeting because the School Board has the authority to build
a swimming pool. He said he was aware that the School District was looking to build
a high school academy off of Brea Canyon Road by South Point Middle School and
perhaps the team members could apply pressure for them to include a pool.
M/Herrera commended the students for participating in tonight's local government
meeting. The City continues to talk about building a sports' complex and a
swimming pool is one of the components of the complex.
Sam Elachker, D.B. 4 Youth in Action, stated that on May 12 the group would hold a
middle school dance at the D.B. Center from 6:00 p.m. to 10:00 p.m. The
organization's goal is to provide a safe environment for middle school students and
youth. He invited students from other middle schools to participate in the dance.
Anyone who would like to attend can call the Diamond Bar Center or RS/Meyers at
909-839-7000 for tickets.
Lydia Plunk thanked the City, the advertisers and the contributors for collaborating
on another great book. I�he especially thanked Shadow Zirbes for stealing the
show. The April edition of The Windmill is out and in May the publication will be
dedicated to the wonderful women of D.B. and will include a plethora of community
information. Anyone who would like to contribute should contact the publication by
Wednesday, April 12 at 861-1147 or email the.windmill verizon.net.
Ruben Camar reiterated his support of a new library and provided statistics to
support his reasons for recommending the community build a "Green" library. He
believed that a larger facility would better serve the community. He believed that a
new "green" facility could be built for a lot less than $13.5 million using grants and
funds from organizations such as LEED. He believed that an 16,000 square foot
three-story "Green" building was recently built for $8 million. He said he believed
that if youth groups and the community pulled together it could raise sufficient funds
through sponsorship and grants to build a "Green" facility.
Clyde Hennessee said he had no problem with a new library and a swimming pool
but the problem was lack of money. Every entity in the State is fighting for people's
money. The Council has said the City cannot afford a new library and will not put the
citizens in jeopardy to build a library and swimming pool. D.B. is one of the few cities
that can pay its bills. Council Members do not make false promises and do not
promote false expectations and if this City could afford a new library and a
swimming pool this City Council would move in that direction.
APRIL 4, 2006 PAGE 7 CITY COUNCIL
Larry Smith, a resident since 1979, produced a Seattle Post-lntelligencer
newspaper article proving his prior statement that the City of San Mareno spent $13
million to build its library. The article refers to five or six cities that have spent $43
million and $165 million on libraries. He would like for D.B. to be a great city. He
read quotes from the article including a statement that the number of visits made to
libraries nationwide more than doubled between 1990 and 2001 and in libraries with
newly installed public access computers patronage grew by nearly 25 percent. He
urged the City Council to conduct research in order to understand that a library is a
cultural addition to a city. He provided copies of the article for each Council
Member.
Daryl May, AYSO said he was very disappointed about the removal of the mature
Eucalyptus trees on Grand Avenue and wondered who authorized the project and
why.
4. RESPONSE TO PUBLIC: COMMENTS:
CSD/Rose responded to Mr. May that staff had the eucalyptus trees on Grand Ave.
inspected by an arborist after a private eucalyptus tree fell across Grand Ave. Two-
thirds of the eucalyptus trees were found to be in a deteriorated state and might fall
or drop large branches onto vehicles traveling the street. The City uses the "Street
Trees Recommended for Southern California, Street Tree Seminar Inc." to
determine what types of trees should be planted in the City's medians in heavily
traveled right-of-ways, and the inventory does not recommend the use of large
eucalyptus trees for medians. Ultimately, the trees were approved for removal to be
replaced by camphor and ginko trees as soon as the irrigation system and root
barriers are installed.
M/Herrera said there was also an issue of the eucalyptus tree roots breaking up the
asphalt and cracking the borders of the median.
CA/Jenkins responded to Helen Doss that the Kelo v. City of New London case had
generated a great deal of interest nationwide and that it has spurred both Federal
and State Legislators to introduce legislation that would restrict the ability of local
governments to utilize the power of eminent domain. There are a number of active
bills in the California legislature at this time including the two listed in tonight's
agenda. The League of California Cities and many cities in the State believe that
the legislation simply goes too far in restricting the power of cities to use their power
of eminent domain for legitimate public purposes and that the legislation defines
what is meant by a public purpose too narrowly. For example, the legislation tends
to regard public purpose as being what one may consider to be a very traditional
public purpose such as a public building (city hall, library, city street) but not other
purposes that would in other ways benefit and improve a city. Consequently, the
League is recommending opposition to these bills by virtue of the fact that they
contain such a narrow view of what constitutes a public purpose for purposes of
exercising the power of eminent domain. The League further believes that there are
ample procedural precautions and protections available to property owners to
protect against the abuse of eminent domain and those that are opposing this
APRIL 4, 2006 PAGE 8 CITY COUNCIL
legislation point to the fact that eminent domain is not very often used and in fact
has never been used in this City and in many other cities; that there is really no
problem to solve and that there is no particular reason to justify this spate of
legislation. Tonight's speaker espoused the opposite view - a view generally
espoused by those who are generally more supportive of private property rights and
who believe in greater restrictions on the use of governmental power.
M/Herrera stated that D.B. has had the power of eminent domain for its entire 17 -
year history and never used it.
CA/Jenkins pointed out that D.B. is very careful in its deliberations and since the
City has not used its power of eminent domain for 17 years what was the rationale
for amending the constitution in a way that would tie the hands of cities when an
appropriate situation did present itself and the power were no longer available.
SCHEDULE OF FUTURE EVENTS:
5.1 Arbor Day Celebration — April 7, 2006 — 9:00 a.m., Pantera Elementary
School, 801 Pantera Dr.
5.2 City's 17th Birthday Celebration —April 9, 2006 —12:00 — 6:00 p.m., Pantera
Park, 738 Pantera Dr.
5.3 Planning Commission Meeting — April 11, 2006 — 7:00 p.m., Auditorium,
AQMD/Government Center, 21865 Copley Dr.
5.4 Traffic and Transportation Commission Meeting—April 13,2006— 7:00 p.m.,
Hearing Board Room, AQMDIGovernment Center, 21865 Copley Dr.
5.5 Easter Egg Hunt —April 15, 2006 — 10:00 a.m., Pantera Park, 738 Pantera
Dr.
5.6 City Council Meeting — April 18, 2006 — 6:30 p.m., Auditorium,
AQMDIGovernment Center, 21865 Copley Dr.
5.7 Public Scoping Meeting for Design Planning of Lemon Ave. On -Off Ramp,
April 20, 2006 — 6:30 - 8:30 p.m., Room CC -6, AQMDIGovernment Center,
21865 Copley Dr.
6. CONSENT CALENDAR: C/Chang moved, C/Tanaka seconded to approve the
Consent Calendar as presented. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Chang, Tanaka, Tye, MPT/Zirbes,
M/H erre ra
None
None
APRIL 4, 2006 PAGE 9 CITY COUNCIL
6.1 APPROVED CITY COUNCIL MINUTES:
6.1.1 Study Session of March 21, 2006 —as submitted.
6.1.2 Regular Meeting of March 21, 2006 — as submitted.
6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES — Regular
Meeting of February 28, 2006
6.3 RECEIVED AND FILED PARKS AND RECREATION COMMISSION
MINUTES -- Regular Meeting of February 23, 2006.
6.4 RATIFIED CHECK REGISTER — containing checks dated March 23 through
March 30, 2006 in an amount totaling $1,017,835.36.
6.5 REVIEWED AND APPROVED TREASURER'S STATEMENT — Month of
February 2006.
6.6 APPROVED APPROPRIATION OF $43,901 FROM THE GENERAL FUND
RESERVES AND RATIFIED THE AWARD OF A CONTRACTTO EROSION
CONTROL SPECIALISTS (ECS) FOR NUISANCE ABATEMENT
MITIGATION MEASURES (TEMPORARY WEATHERIZATION) OF THE
SUNSET CROSSING/MINNEQUA LANDSLIDE IN THE AMOUNT OF
$39,901 AND A CONTINGENCY AMOUNT OF $4,000 FOR CHANGE
ORDERS TO BE APPROVED BY THE CITY MANAGER FOR A TOTAL
AUTHORIZATION AMOUNT OF $43,901.
6.7 ADOPTED RESOLUTION NO. 2006-26: APPROVING THE PROGRAM
SUPPLEMENT AGREEMENT NO. 004-M TO ADMINISTERING AGENCY -
STATE AGREEMENT NO. 07-5455 FOR FEDERAL FUNDS TO BE
UTILIZED FOR THE CONSTRUCTION OF THE GRAND AVENUE
IMPROVEMENTS PROJECT — PHASE II.
6.8 APPROVED LEGISLATIVE SUB -COMMITTEE RECOMMENDATIONS:
(a) ADOPTED RESOLUTION NO. 2006-27: IN SUPPORT OF AB 2696
(HUFF) SPONSORED BY THE CITY, CLASSIFIES USE OF NOW
MOTORIZED OR ELECTRIC SCOOTERS AS A HAZARDOUS
RECREATIONAL ACTIVITYAND LOWERS THE AGE LIMIT FROM
14 TO 10 YEARS. THE BILL WOULD HELP TO LIMIT THE
LIABILITY OF CITIES THAT ALLOW THE USE OF SCOOTERS IN
PUBLIC SKATE PARKS.
(b) ADOPTED RESOLUTION NO. 2006-28 IN SUPPORT OF SB 1407
(MARGETT). LIKE AB 2696 (HUFF), THIS BILL WOULD ALSO ADD
THE USE OF NON -MOTORIZED SCOOTERS TO THE LIST OF
HAZARDOUS RECREATIONAL ACTIVITIES AND WILL HELP LIMIT
THE LIABILITY OF AGENCIES THAT ALLOW THE USE OF
SCOOTERS IN PUBLIC SKATE PARKS.
APRIL 4, 2006 PAGE 10 CITY COUNCIL
(c) ADOPTED RESOLUTION NO. 2006-29) OPPOSING SB 411
(ALARCON). ELIMINATES EXISTING DIVERSION CREDITS GIVEN
TO SOURCE SEPARATED GREENWASTE ALTERNATIVE DAILY
COVER, USED AS A COVER FOR LANDFILLS AND IT WOULD
BECOME MORE DIFFICULT FOR AGENCIES TO MEET THE
STATE MANDATED 50% WASTE REDUCTION STANDARD.
(d) ADOPTED RESOLUTION NO. 2006-30 OPPOSING SCA 20
(MCCLINTOCK), WHICH LIMITS EMINENT DOMAIN TO
PROPERTIES THAT WOULD SERVE A PUBLIC USE. ANY
PROCEEDING DESIGNED FOR ECONOMIC DEVELOPMENT USE
WOULD REQUIRE THE CONSENT OF THE PROPERTY OWNER
BEFORE CONDEMNATION AND WOULD SEVERELY IMPACT
REDEVELOPMENT AND ECONOMIC DEVELOPMENT EFFORTS.
(e) ADOPTED RESOLUTION NO. 2006-31 OPPOSING SB 1210
(TORLAKSON) WHICH WOULD REVISE STATE LAW TO STATE
THAT EMINENT DOMAIN DOES NOT FIT PUBLIC USE WHEN
TRANSFERRED TO A NON-GOVERNMENTAL ENTITY FOR
PURPOSES OF ECONOMIC DEVELOPMENT OR AN ATTEMPT TO
INCREASE TAX REVENUE AND LIMITS THE OPTIONS OF CITIES
TO PURSUE BENEFICIAL REDEVELOPMENT OF ECONOMIC
DEVELOPMENT OPPORTUNITIES.
(f) ADOPTED RESOLUTION NO. 2006-32 SUPPORTING
PROPOSITION 81 (THE LIBRARY BOND OF 2006) CALIFORNIANS
FOR LITERACY & COMMUNITY LIBRARIES REQUESTED
SUPPORT FOR THE 2006 LIBRARY BOND INITIATIVE WHICH
WILL BE ON THE BALLOT FOR THE VOTERS IN JUNE 2006. THE
INITIATIVE WOULD AUTHORIZE SALE OF $600 MILLION IN
BONDS AND WOULD BENEFIT CITIES AND DISTRICTS
THROUGHOUT THE STATE THAT WISH TO APPLY FOR FUNDS
TO CONSTRUCT OR IMPROVE THEIR LIBRARIES.
7. PUBLIC HEARINGS: None
8. COUNCIL CONSIDERATION: None
9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
C/Chang congratulated the Community Services Department and RS/Meyers on
receiving recognition from the National League of Cities for the City's Youth Master
Plan. He again thanked staff and Caltrans for their quick response to his request for
freeway signage. Although he was unable to attend he supported the Wine Soiree.
He invited everyone to join the City on Sunday to celebrate its 17th Birthday.
APRIL 4, 2006 PAGE 11 CITY COUNCIL
C/Tye thanked staff for the excellent job in creating a uniform look with the signage
in town. He especially liked the lighted signs. He congratulated Sandra Cheng on
her reign as the former Miss Diamond Bar and congratulated Justina Kwong, the
new Miss Diamond Bar. Fie also congratulated C/Chang for sponsoring both young
women. Judging from the attendance at the recent Wine Soiree, this year was the
most successful Soiree ever. He invited everyone to join with the City to help
celebrate its 17th Birthday.
C/Tanaka attended Supervisor Don Knabe's reception for the elected officials and
appointed commissioners at Hall of Administration in downtown Los Angeles. He
hosted a Chinese delegation of planners from Hung -Chou who were interested in
expanding business in China and trade with the U.S. He congratulated Justina
Kwong and her Court and stated that the Wine Soiree was a huge success. He
attended the Diamond Barfor Youth monthly meeting as well as attended the PUSD
meeting last week and fortunately the School District and D.B. have reopened
negotiations for sports field improvements. He met with the four D.B. Senior Citizens
groups with CSCS/Meyer. C/Tanaka stated that the Miss Diamond Bar carwash
was held on Sunday April 2. Further both he and M/Herrera attended the National
League of Cities City and Schools Youth Planning Initiative training meeting in Long
Beach. The announced that the 23rd annual Easter Egg Hunt will be held on
Saturday, April 15 beginning with a pancake breakfast at 8:30 a.m. followed by the
hunt at 10:00 a.m. sharp. He asked that tonight's meeting be adjourned in memory
of Jane Morf, a long time D.B. resident and the original "Basically Books" store
manager for the Friends of the Library who succumbed to cancer on March 4.
MPT/Zirbes congratulated the outgoing Miss Diamond Bar Court and welcomed the
new Miss Diamond Bar Court. This was the first year in nine years that he did not
emcee the event and was, in fact, unable to attend because he was in San Diego
for a soccer tournament. In his stead Assemblyman Huff and M/Herrera stepped in
and did a wonderful job. Fie hoped they had a great time because it is a lot of fun to
work with the young women and the program. He reminded everyone that the City
has the birthday party this Sunday and the DBIA is sponsoring a Classic Car Show.
There are a few spots available and anyone who wishes to show their classic car
can call MPT/Zirbes at 1-.800-878-6262 to get pre -registered. During the past two
weeks he has been traveling extensively and has been in daily contact with
residents to share neighborhood issues and talking with them about their ideas for
additional parks and sports opportunities fortheir kids. Residents are curious about
the City's pursuit of economic development, the Target project and what other
business opportunities are; on the horizon. Individual Council Members are available
to discuss concerns and ideas. He encouraged everyone to drive safely during the
rainstorms.
M/Herrera said that she and Assemblyman Huff emceed the Miss Diamond Bar
Pageant. She said she was very proud of the caliber of entrants this year
representing the City of D.B. and the City should be very proud of its youth, their
leadership and their poise, as well as other wonderful qualities they possess. She
was sorry that Monsignor Loughnane was unable to arrive in time forthe invocation.
APRIL 4, 2006 PAGE 12 CITY COUNCIL
He arrived later but there; was not a good opportunity to stop the meeting for his
invocation. She thanked him for his attendance.
As the representative to the Los Angeles County Sanitation District she made the
following public awareness announcement: In the past residents were advised to
flush unused medications down the toilet rather than throwing them in the trash.
However, that method is no longer being advised because the unused medications
are polluting the ground water and the waste water treatment facilities are not
designed to handle removal of the chemicals in the medications. The chemicals are
finding their way into surface and ground water. The current advice is that
individuals should collect their unused medications and take them to a household
hazardous waste collection such as D.B. does once a year. LA County has different
locations where on a periodic basis people can drop their unused medications.
She thanked RS/Meyers for her work on the Youth Master Plan and the
implementation thereof. As a result of her work and staff's work on the City's Youth
Master Plan, D.B. is being seen as a national leader in its efforts. It was great
spending the past couple of days along with C/Tanaka and RS/Meyers talking with
the National League of Cities about the process D.B. went through to get
consensus. Also at the meeting were representatives from cities that were
attempting to create a youth master plan and get it accept it and adopted and get
the school districts and private enterprises to buy into the program. She was proud
of D.B. and its leadership efforts. She felt it was clear that D.B. cares about its
youth. As the City sets goals and works on different projects it is evident that the
City cares about its young people. As they have done in the past, several youth
appeared at tonight's meeting to talk about their desire to have a swimming pool.
Recently, MPTIZirbes chaired a Sports Complex Task Force and a swimming pool
was part of that discussion. Some of the students felt the City could now afford a
swimming pool because new businesses were opening in D.B. While it is true that
businesses are coming to town these new businesses are replacing other business
that are leaving town. The City is playing catch up and it has not yet caught up nor
has the City made progress toward having a cushion available for other projects.
For example, D.B. Honda is leaving and the City will lose $400,000 in tax revenue
as a result. Another major business is leaving and the City will lose about $300,000
in tax revenue as a result. Target is coming and the City is anticipating tax revenues
of about $500,000. So one can easily see that the City still needs more business
just to support the Diamond Bar Center and all of the programs the residents desire.
The City hopes to one day afford a sports complex, a swimming pool and a library.
However, there are only so many dollars to go around and the City has to be very
careful about the choices it makes in spending those dollars. D.B. is in a good
position because its officials have remained prudent and vigilant about spending its
money and while the City, has accumulated reserves once the money is spent it is
gone and left without revenue producing businesses. The Council intends to remain
vigilant and make careful decisions about the way the City's money is spent.
APRIL 4, 2006 PAGE 13 CITY COUNCIL
ADJOURNMENT: With no further business to conduct, M/Herrera adjourned the regular
City Council meeting at 8:26 p.m. in memory of Jane Morf, long-time resident and co-
founder of 'Basically Books."
Tommye Cribbins, City Clerk
The foregoing minutes are hereby approved this day of , 2006.
CAROL HERRERA,
Agenda No. 6.2
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
MARCH 14, 2006
CALL TO ORDER:
Chair McManus called the meeting to order at 7:05 p.m. in the South Coast Air Quality
Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar,
California 91765,
PLEDGE OF ALLEGIANCE: Ron Everett led the Pledge of Allegiance.
1. ADMINISTRATION OF OATH OF OFFICE:
2.
CCICribbins administered the Oath of Office to all Commissioners.
ROLL CALL:
Present: Commissioners Ron Everett, Kwang Ho Lee, Joe
McManus, Steve Nelson and Tony Torng.
Also present: Nancy Fong, Interim Community Development Director;
Bradley Wohienberg, Assistant City Attorney; Ann Lungu, Associate Planner; and
Stella Marquez, Senior Administrative Assistant.
REORGANIZATION OF PLANNING COMMISSION:
a. Selection of Planning Commission Chairman.
Commissioner McManus nominated Steve Nelson.
Commissioner Lei: nominated Joe McManus.
There were no other nominations offered. Commissioner McManus was
elected to serve as Chairman of the Planning Commission by the following
Roll Call vote:
Commissioner Lee:
Joe McManus
Commissioner Nelson:
Joe McManus
Commissioner McManus:
Steve Nelson
Commissioner Everett:
Joe McManus
Commissioner Torng:
Joe McManus
MARCH 14, 2006 PAGE 2 PLANNING COMMISSION
b. Selection of Planning Commission Vice -Chairman.
Commissioner Torng nominated Steve Nelson.
There were no other nominations offered.
Commissioner Nelson was elected to serve as Vice Chairman of the
Planning Commission by the following Roll Call vote:
Commissioner Torng:
Steve Nelson
Commissioner Everett:
Steve Nelson
Chairman McManus:
Steve Nelson
Commissioner Nelson:
Steve Nelson
Commissioner Lee:
Steve Nelson
4. MATTERS FROM THE AUDIENCEIPUBLIC COMMENTS: None Offered.
5. APPROVAL OF AGENDA: As Presented.
6. CONSENT CALENDAR:
6.1 Minutes of the Regular Meeting of February 28, 2006
C/Torng moved, CILee seconded, to approve the minutes of February 28,
2006, as corrected. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Torng, Lee
NOES: COMMISSIONERS: None
ABSTAIN: COMMISSIONERS: Everett, VC/Nelson, Chair/McManus
ABSENT: COMMISSIONERS: None
7. OLD BUSINESS: None
8. NEW BUSINESS: None
9. CONTINUED PUBLIC HEARINGS:
9.1 DEVELOPMENT REVIEW NO. 2005-31 AND MINOR CONDITIONAL USE
PERMIT NO. 2006-03 — In accordance with Code Sections 22.48 and 22.56,
this was a request to construct a new three-story single family dwelling of
MARCH 14, 2006
PAGE 3 PLANNING COMMISSION
approximately 9,288 square feet (including porches, balconies, covered
patios, swimming pool, tennis court and an attached six car garage) on an
existing vacant 1.68 acre parcel in the R! 20,000 zone with a consistent
underlying General Plan Land Use designation of Rural Residential. The
applicant also requested approval of a Minor Conditional Use Permit to allow
a driveway width greater than fourteen (14) feet at the street property line.
(Continued from February 28, 2006)
PROJECT ADDRESS: 2502 Razzak Circle (Lot 181, Tract 30578
APN 8713-009-066)
Diamond Bar, CA 91765
PROPERTY OWNER: Mr. and Mrs. Wasif Siddique
11076 Venture Drive
Mira Loma, CA 91752
APPLICANT: Bob Larivee
17 Rue Du Chateau
Aliso Viejo, CA 92656
CDD/Fong stated that although the applicant submitted new plans there were
technical issues that needed to be resolved and staff was recommending
that the Planning Commission receive testimony and close the Public
Hearing. Staff will re -advertise the project for a future public hearing when
the project is ready to move forward.
With no one present who wished to speak on this item, Chair/McManus
declared the public hearing closed.
10. PUBLIC HEARINGS:
10. DEVELOPMENT REVIEW NO. 2003-01 — Originally approved on May 27,
2003, to allow for the operation of a restaurant and bar with entertainment
(i.e., entertainment shall include only a jazz band, guitarist and pianist on a
small state within the bar; and a DJ with dancing for banquets and private
parties held within the banquet room) at the location referenced below.
Condition No. 5(o) of the Conditional Use Permit requires that the City
periodically review the operation to assure compliance with conditions of
approval and consider whether to modify, add conditions as necessary or
revoke the permit.
MARCH 14, 2006
PROJECT ADDRESS:
PROPERTY OWNER:
APPLICANT:
PAGE 4 PLANNING COMMISSION
245 Gentle Springs Lane
(Scribbles Grill & Restaurant)
Diamond Bar, CA 91765
P.N. Patel, Ratan Hospitality, LLC
1205 W. Sierra Madre Avenue
Glendora, CA 91765
Raj Astavakra
6226 N. Calera Avenue
Azusa, CA 91702
CDD/Fong stated that the owner was out of the country and requested the
public hearing be continued to April 11, 2006.
Chair/McManus opened the public hearing.
Henry Lee, 364 Prospectors Road, presented the Commission with a letter
signed by residents who are concerned about the restaurant and would like
for the Commission to revoke their permit. Mr. Lee said he was not sure that
he would be available to return on April 11, 2006, for the public hearing.
Mr. Lee stated that he believed Scribbles was violating their Conditional Use
Permit by allowing loud rap groups that drew unsavory elements to the
community. Vehicles have been vandalized and open containers of alcohol
are being strewn about the cul-de-sac area at the end of Gentle Springs
Lane. Patrons of the restaurant have been observed vandalizing the entry
gate, parking illegally in the complex, urinating on the premises and female
patrons have been observed changing their clothes. He and his neighbors
are very upset because Diamond Bar is a family community and children are
present.
Ming Wen Su said she lives close to the gate and every weekend (Thursday,
Friday and Saturday) the music is so loud that it vibrates her windows. She is
a speech and hearing scientist and used her sound meter to measure the
decibels. In front of her door she measured the sound at 84 decibels and
closer to the restaurant it was at about 120 decibels. People who live on the
same side of the complex as she complain that they are unable to sleep at
night and even when she sleeps on the opposite side of her unit she can
hear the loud music vibration. She says she frequently calls the police to
complain and the police tell her that the business was not just a restaurant
but a disco pub as well. When the department sends officers the business
MARCH 14, 2006 PAGE 5 PLANNING COMMISSION
turns off the music and when the officers leave the music starts up again.
She said the Sheriff's Office encouraged her to call each time there is a
problem but after several months of nothing being done they feel helpless.
Every Thursday, Friday and Saturday the complex has to shut down their
gate to keep the patrons out. One weekend a group was hanging out in the
parking lot and walked toward the car so she felt like she had to drive away.
She has seen groups try to force the gate open and she and her neighbors
can detect the odor of burning marijuana. Her father asked them to stop and
they retaliated by shaking cars in the parking lot until the alarms went off.
She said it happens on a frequent basis and she and her family are very
concerned Tor their safety. Some of her neighbors feel they must move out
because they cannot live under these conditions.
Chair/McManus asked the speakers to come back to the meeting on April 11
and bring as many of their neighbors as possible so that the City would be
able to get their concerns on the record.
VC/Nelson asked Ms. Su to give an example that was equivalent to 84
decibels. Ms. Su said that 84 decibels was equal to honking traffic in a large
city and 120 decibels would be equivalent to standing next to a moving train.
Mrs. Su responded to C/Everett that the bass sound records at 84 decibels
at her door.
Mr. Lee stated that some of the residents told him last night that they had
been verbally accosted by patrons of the bar demanding that the resident
open the complex gate and allow them into the parking lot.
C/Torng asked staff if there were similar Conditional Use Permits in the City.
He recommended that at least one Sherifrs Deputy be asked to join the
April 11, 2006, meeting. CDD/Fong responded that as indicated in staffs
report, the approved entertainment for this facility is limited to a DJ and
dancing only within the banquet room and not within the main bar and
restaurant areas. She believed that according to the police report the
restaurant has gone beyond the City's approval. Most certainly the Sheriff's
Department will be available on April 11 to provide testimony as well. The
Sheriffs Department personnel were not present tonight because the
applicant requested continuance to April 11, 2006, and the applicant must be
given due process to respond to the issue of public safety. On April 11, 2006,
staff will provide the Commission with a presentation that includes evidence
of possible non-compliance, response to public safety, police reports, etc.
MARCH 14, 2006 PAGE 6 PLANNING COMMISSION
The speakers are invited to bring all of their information to the April 11, 2006,
meeting so that it can be included in the report.
C/Lee asked if noise levels exceeding levels allowed under the Municipal
Code could be considered a public safety hazard and CDD/Fong responded
that the code indicates a maximum decibel level that a business is allowed to
generate. If the decibels are exceeded the business must provide noise
attenuation inside of the building to meet the minimum noise standards.
CILee asked if noise could be considered a violation of the Conditional Use
Permit. CDD/Fong responded that this foram gives the Planning Commission
the opportunity to determine whether the applicant meets the noise
ordinance standards under the Conditional Use Permit that was granted by
the Planning Commission and if the Commission determined that the
applicant did not meet the standard the Commission could impose additional
conditions or revoke the Conditional Use Permit.
C/Everett asked staff to include the detail of reported incidents in their
April 11, 2006, report and indicate whether crimes occurred as a result of
those incidents. He felt it would be also helpful to have feedback provided by
the Los Angeles County Fire Department because of the reference to the
department handling a possible safety hazard/code violation on July 22,
2005. CDD/Fong stated that due to the confidential nature of incident reports
staff is allowed to provide only a certain amount of information with respect to
incidents.
C/Torng asked why the Planning Commission should not suspend the
Conditional Use Permit at this time based on the applicant's non-compliance
and ACA/Wohlenberg explained that Conditional Use Permits are considered
"land use entitlements" and the City must observe due process before
permits can be reduced or revoked. The public hearing process allows all
sides to present their evidence and because the reports are not complete
and the applicant is unavailable the City could not take any action to reduce
or revoke the permit at this time.
Chair/McManus asked if the Sheriff's Department had records back to 1995
and CDD/Fong said she believed so although only one year's worth of
service calls would be considered. Chair/McManus felt that the evidence
should reflect the history of complaints over the past number of years.
Without objection, Chair/McManus declared the public hearing continued to
April 11, 2006.
MARCH 14, 2006 PAGE 7 PLANNING COMMISSION
11. PLANNING COMMSSIONER COMMENTS/INFORMATIONAL ITEMS:
CILee welcomed new Commissioners Everett and Nelson and hoped the
Commissioners would work together to make wise decisions that would benefit the
people.
C/Torng said it was his honor to be a Planning Commissioner and to work with two
new Commissioners and Chair/McManus. Today's issue was the first matter that he
felt required input from the Sheriffs Department.
ClEverett thanked staff for his welcome and orientation and said he looked forward
to their continued support: as well as the support of his colleagues. He congratulated
Chair/McManus and VC/Nelson on their appointments and thanks Council Member
Tye for appointing him to serve on the Commission. He said he looks forward to
serving with integrity.
VC/Nelson thanked Council Member Zirbes for appointing him to the Commission
and thanked his colleagues for their vote of confidence in appointing him Vice
Chairman of the Commission. He vowed to support his colleagues and Council.
Chair/McManus welcomed his fellow Commissioners and thanked them for asking
him to continue serving as Chairman.
12. STAFF COMMENTS AND INFORMATIONAL ITEMS:
12.1 Public Hearing dates for future projects.
CDD/Fong reported that C/Chang appointed Ruth Low to serve as a Parks and
Recreation Commissioner. She said she planned to attend the Planning Institute
Conference next week along with C/l_ee and ClEverett.
11. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
MARCH 94, 2006 PAGE 8 PLANNING COMMISSION
ADJOURNMENT: With no further business before the Planning Commission,
Chair McManus adjourned the meeting at 7:40 p.m.
Respectfully Submitted,
Nancy Fong
Interim Commu itv De-viopment Director
CITY OF DIAMOND BAR Agenda No. 6.3
MINUTES OF THE PARKS & RECREATION COMMISSION
HEARING BOARD ROOM OF S.C.A.Q.M.D.ITHE GOVERNMENT CENTER
21865 Copley Drive
MARCH 23, 2006
CALL TO ORDER:
Vice Chairman Dave Grundy called the Parks and Recreation Commission meeting to
order at 7:00 p.m. in the SCAQMDIGovernment Center Building Hearing Board Room,
21865 Copley Drive, Diamond Bar, California 91765.
PLEDGE OF ALLEGIANCE: Commissioner Owens led the Pledge of Allegiance.
ADMINISTRATION OF OATHS; OF OFFICE: Administered by Tommye Cribbins, City
Clerk.
1. ROLL CALL:
Present: Commissioners Dave Grundy, Lew Herndon, Benny Liang, Ruth Low and
Ted Owens.
Staff Present: Bob Rose, Director of Community Services; Anthony Jordan, Parks
and Maintenance Superintendent; Ryan Wright, Recreation Supervisor II; Sara West,
Recreation Services Manager; Alison Meyers, Recreation Specialist; Krista Berentis,
Community Services Coordinator/Athletics; and Marisa Somenzi, Senior Administrative
Assistant.
2. REORGANIZATION OF THE PARKS AND RECREATION COMMISSION —
a. Selection of Chairman
Nominations were opened for Chairman:
Commissioner Owens nominated Dave Grundy.
There were no other nominations offered.
Without objection, Dave Grundy was unanimously selected by voice vote to serve
as the Chairman of the Parks and Recreation Commission.
b. Selection of Vice Chairman
Chair/Grundy opened nominations for Vice -Chairman
Commissioner Liang nominated Commissioner Ted Owens
There were no other nominations offered.
MARCH 23, 2006 PAGE 2 P&R COMMISSION
Without objection, Ted Owens was unanimously selected by voice vote to serve as
the Vice Chairman of the! Parks and Recreation Commission.
MATTERS FROM THE AUDIENCE: None Offered.
CALENDAR OF EVENTS: As Listed in the Agenda and reported by CSD/Rose.
1. CONSENT CALENDAR
1.1 Approval of Minutes of February 23, 2006 Regular Meeting.
C/Herndon moved, C/Liang seconded to approve the minutes of the January
26, 2006 meeting as presented. Motion carried by the following Roll Call
vote:
AYES:
NOES:
ABSTAIN
ABSENT:
3. OLD BUSINESS:
COMMISSIONERS
COMMISSIONERS
COMMISSIONERS
COMMISSIONERS
Liang, Owens, Chair/Grundy
None
Herndon, Low
None
3.1 Draft Park, Athletic and Facility Use Policies and Procedures — CSD/Rose
presented staff's report and recommended that the Commission receive
comments, continue its review of the Draft Park, Athletic and Facility Use
Policies and Procedures Document and take action or continue the matter as
appropriate.
Darryl May, AYSO Regional Commissioner, said the organization has
between 1200 and 1300 children ages 4 to 18 that play soccer on an annual
basis and some play year-round. He thanked CSD/Rose and RSII/Wright for
the draft document, a document that is a work in progress. He said he was
concerned about the change regarding field allocation because park space
within the community is a very limited and coveted resource. He said he felt
that the 60 percent threshold for residency was too lenient. If the goal of the
revision was to give a higher priority to organizations that have a greater
density of D.B. residents 60 percent would not accomplish that goal.
Obviously, residents; should have first priority for use of the City's park space.
However, there are many organizations that have diluted ranks and it seems
inherently unfair to organizations with a high density of D.B. residents for the
City to set the bar at such a low threshold. Typically the smaller
organizations have fewer D.B. residents participating. If D.B. fails to set high
standards for residency 60 percent does not accomplish the ultimate goal.
VC/Owens asked if he had a recommendation for an appropriate percentage
and Mr. May responded that a 75 percent residency requirement would be
appropriate. He urged the Commission to consider collecting rolls from
groups that use the City's facilities to confirm residency. In addition,
sanctions should be imposed for falsifying residency ratios and in his opinion
MARCH 23, 2006 PAGE 3 P&R COMMISSION
organizations that falsify their rolls/ratios should be prohibited from using the
fields for one year.. AYSO for example could not afford to be without fields for
a year and his organization would be compelled to provide the proper
information. Also, due to the demographics, some organizations may be
requesting field space in neighboring communities and nothing in the
allocation process questions whether that is occurring.
C/Low asked how his proposal of 75 percent would apply to a smaller group
and would it not encourage certain groups to discourage kids from playing
that would dilute their group? Mr. May responded that the residency
requirement does not necessarily preclude organizations with low residency
from getting field allocation. It merely adds a layer of priority for field
allocation. C/Low said she was more concerned about kids being
discouraged from enrolling simply because the group was being moved
down in the priority ranking and therefore, the organization would not recruit
in certain areas and include certain kids. It could be that the kids in
neighboring communities desperately needed to be on these teams. Mr. May
said he had the luxury of being a part of AYSO where everyone plays. In his
organization there are no cuts — no player is turned away. C/Low pointed out
that if the policy were too strict it would have the affect of turning kids away.
Mr. May said he respected C/Low's argument but he disagreed with her
reasoning.
John Rivera, President, FCI, a small soccer group that competes year-round.
His organization currently has about 200 members in its program. He said he
was not prepared to, speak to his organization's concerns because he did not
understand the subject of tonight's meeting. First and foremost the
organization is an extension of AYSO and his group would not reach even
the 65 percent threshold. Three of his 12 teams consist of 90 percent D.B.
residents and some of the other teams might drop to 20 percent. Across the
board his group is probably at the 40 percent ratio. His position has always
been to work with the other groups within the community. D.B. does not have
the field necessary to accommodate all of the groups. The goal of the sports
organizations is to promote athletics forthe kids within the community as well
as from outside of the community and keep them active. His biggest
concern was field efficiency.
Mr. Rivera responded to C/Herndon that the organizations would like to have
lighted fields in D.B. and there are only four lighted fields at this time —
Heritage, Peterson, Pantera and Lorbeer and nobody wants to go to Lorbeer
but the teams practice there because the fields are lighted. Most kids want to
practice from 6;00 p.m. to 8:00 p.m. and most of the younger kids practice
from 5:00 p.m. to 7:00 p.m. During the winter it is dark. However, during
daylight savings it would not be an issue. FC1 practices only in D.B.
Mr. Mays responded to C/Herndon that he and Mr. Rivera share resources.
The coveted resources are the lighted fields during the winter months and
there are not enough lighted fields to accommodate everyone. During the
summer months he has a large number of younger kids that practice during
4:30 and 5:30 p.m. The U10 and U12 ranks practice under the lights after
MARCH 23, 2006 PAGE 4 P&R COMMISSION
dark.
Mr. Rivera responded to C/Owen that he was very surprised that the
Pomona Unified School District would allow their field to be used during
school time because it was in very bad condition. His organization offered to
seed and mow the field but have always been told it is the school district's
policy never to let unauthorized individuals on the field. The City put lights on
the field but the field is an eyesore and he hoped that the Pomona Unified
School District would come to realize that the facility was important to the
community and needed to be upgraded.
CSD/Rose responded to VC/Owens that the maintenance of the field is an
issue. Because of the lights Lorbeer gets more use than any of their other
junior high school facilities and the additional use has resulted in the extreme
deterioration of the field. D.B. feels obligated to participate in the ongoing
maintenance and improvement of the facility and has offered its services to
Pomona.
Mr. May said he was aware of the limitation of lighted fields.
David Prather, D.B./Walnut Valley Soccer said he has worked with both of
the previous speakers and that all three groups share the same fields. He felt
that 60 percent was a little high because his club has 10-12 teams and 13
out of the 15 players on his team are D.B. residents. These players are ver
competitive and continue to play on varsity teams in high school. His 7
grade daughter made the 8th grade team as a starter. She started playing in
AYSO, a great program. Three of his children play in AYSO. Typically,
players want to stay close to home but because of the diversity the team as
a whole would not be able to meet the 60 percent goal. If every city adopted
a 60 percent policy it would discourage kids from joining these types of
organizations. As a coach he has taken pride in the fact that the City was
able to produce top players and if fields and facilities are not provided for
kids to be able to practice and participate at a higher level there will be no
opportunity for players to make it to state and national levels. While there is
a lot of talent in the area it takes dedication and hard work to move up.
Mr. Prather recommended the City consider the following. If an organization
has two teams out of eight teams that meet the 60 percent D.B. residency
criteria, rather than allocate field space for the entire organization it would
make sense to him that D.B. field space be allocated for just those two
teams rather than the entire eight teams for example whether or not those
particular two teams met the percentage criteria. He is a national D license
coach and if he took his team and joined a national organization there would
be no city in which his team could practice because he would never be able
to meet the residency requirement.
C/Low wondered if the creative accounting method Mr. Prather proposed
would be possible. CSD/Rose said his method could be done.
MARCH 23, 2006 PAGE 5 P&R COMMISSION
C/Low asked Mr. Prather to compare the size of his organization to AYSO.
Mr. Prather explained that AYSO members participate primarily in the
summer and fall and have 1200-1300 players playing in the fall season. His
organization has about 180-200 players and his organization plays year-
round. Putting it another way his organization probably has as many practice
periods as AYSO in one calendar year.
C/Herndon asked Mr. Pratherto explain the difference between his and Mr.
Rivera's organization with respect to age and level of play. Mr. Prather
responded that they are identical. At one point they were in fact one club that
was split.
C/Herndon asked Mr. Rivera if his organization was similarto Mr. Prather's in
that he would have. some teams that consisted of mostly D.B. residents and
other teams that consisted of fewer D.B. residents and Mr. Rivera responded
yes. As previously stated he has three teams that are primarily made up of
D.B. residents. Mr. Rivera said that the problem was finding field space for
practice Monday through Thursday. Mr. Prather wanted to understand that
all three teams were working together to resolve these problems and Mr.
Rivera responded "yes." The primary issue is the level of play. He can put
three teams on hail -of an outfield to run a good practice. There is no way to
segregate an entire outfield between the three organizations. The field
allocation is done in January and the peak time is July. The intent of these
organizations is to provide a good atmosphere for the kids. Mr. Herndon
wanted to know why the Commission was hearing only from soccer people
and not from football, softball, etc. Chair/Grundy said that the packet
included comments from other groups that he would read into the record.
Chair/Grundy asked if the groups used fields in any other cities. Mr. Rivera
said that FCI does riot because it is a D.B. based team. The team practices
in D.B. and the game field is at Neil Armstrong. Mr. Prather responded that
his team has field space in Walnut for practice and gaming and has never
been given a field for gaming in D.B.
Chair/Grundy reported that various individuals wrote or emailed their
comments to the Commission. An individual from NJB wrote that the policies
and procedures guide looked good to him and in his opinion, since the
percentage threshold was relatively low (60 percent) it appeared to him that
a resident wouid be defined as a person that lives (primary residence) in
D.B. Chair/Grundy said that Richard S. Dixon, D.B. Little League
recommended that the policy specifically be recommend with a more
balanced approach of how lighted fields are allocated for in -season play.
Based on his analysis Mr. Dixon offered two possible scenarios 1) possible
reallocation based solely on participation numbers with no weight given for
open participation if the percentage of D.B. residents are in their season; 2)
possible reallocation based on weighting all factors, participation numbers,
open participation, residency and season. He concluded that based on his
analysis (other than DBGS), DBLL be allocated its fair -share of lighted fields.
CSD/Rose stated that on page 4, definitions of the proposed policy, staff
MARCH 23, 2006 PAGE 6 P&R COMMISSION
added a definition of D.B. residents to wit: a person who resides within the
city limits of the City of D.B. and whose residency could be verified with a
driver's license, state issued I.D. card or utility bill from the parents.
Allocation of the fields is an art and not a science. In another City where he
previously worked CSD/Rose allocated fields on a scientific basis because
there were 28 parks available. In D.B. there are very few parks and lots of
organizations vying for their use. D.B. is very fortunate because the
organizations work, together and are willing to share and have worked out the
use of the fields.
C/Low said she heard CSD/Rose say the system was working fine.
CSD/Rose said that what the City needed was more facilities. C/Low said it
sounded to her that the way staff has been allocating the use and the way
that the organizations were working together worked. CSD/Rose agreed.
C/Low wanted to know why the Commission was considering adding a
residency requirement if the process was working? CSD/Rose said there
was always the possibility of other groups seeking use of the City's fields and
a 60 percent requirement may discourage other users from coming into the
City. For example, a few years ago a team from Placentia wanted to practice
in D.B. because they had one player from D.B. and felt they should be able
to use a facility for their program. They wanted a lighted field several nights a
week during Little League and Girls' Softball season and it was a very
unrealistic request. CSD/Rose said that the 60 percent requirement would
give him the opportunity to turn down such a request. This particular team
appealed his decision to the City Council. The 60 percent provides a
measurement to say no when necessary.
C/Low asked why a response that there was no vacancy was not sufficient?
CSD/Rose said it was the answer that staff gave them and the team ended
up getting lighted fields. C/Low asked if it were possible to adopt the policy
piecemeal. CSD/Rose responded yes depending on what the Commission
would like to recommend and that ultimately, the full recommendation would
go to the City Council for formal approval,
Chair/Grundy said that for the benefit of the new Commissioners he would
provide some background on this matter. He stated that he has personally
served on the field allocation subcommittee for the past four years and has
attended most of the meetings and has witnessed firsthand how the process
works. He agreed that it is an art and that the groups have cooperated and
worked together to share the limited amount of facility space. There is
definitely pressure and vying for a limited resource. The Sports Complex
Task Force looked into increasing the fields in the City. Unfortunately, the
City is limited by geography and is boxed in with respect to the number of
fields and amount of land available that can be used for athletic facilities.
These factors have caused the City to look inward for solutions while the City
continues to search for more usable field space. Also, during consideration
staff and the Commission decided to review how other cities approach this
matter. He participated on the ad-hoc committee that helped formulate the
Policy recommendations and the ad-hoc committee added the residency
requirement for use of the athletic fields. The committee considered more
MARCH 23, 2006 PAGE 7 P&R COMMISSION
stringent policies but felt this would be a good compromise and a step
toward benefiting those who live in the City without excluding others. The
way the policy was written was not to exclude but to give priority.
C/Herndon applauded the coaches. He asked how "organization" was
defined in the document and CSD/Rose responded on Page 4 d. "Qualifying
User Groups" so it excludes separate teams as qualifying as organizations.
C/Herndon asked if the qualifier could be reduced to "teams" within
organizations rather than "organizations" only. CSD/Rose responded that if
there were two of the eight teams on the field there would be no way to know
if those particular teams were made up of primarily D.B. residents.
C/Herndon said he understood that the organizations would be able to
provide assurance that the residency requirements were met. CSD/Rose
said that from staff's point of view the paperwork would not be an issue;
rather, it would be who would actually show up on the field at any given time.
Chair/Grundy said that if the D.B. ratio were 40 percent for example, and
only 4 teams rather than 10 were allowed to participate in the allocation it
would achieve a reduction in the overall number that would participate. He
believed C/Herndon's recommendation was a creative way of addressing the
organizations' concerns,
RSII/Wright referred the Commissioners to Page 8 of the manual. Assuming
a percentage, group C would be the organizations that would be below the
percentage.
Chair/Grundy explained that if the allocation allowed either of the two
organizations to present a subset to say that this was the group that the City
wanted to allocate space to the City would have excluded the group that was
primarily non-resident based.
CSD/Rose believed that Chair/Grundy and C/Herndon were saying that if an
organization meets all of the other requirements and a couple of the teams
could prove to be above the 60 percent threshold even though the entire
organization was not over the 60 percent threshold those teams would move
to the °B" level priority rather than remaining in the "C" group. Chair/Grundy
agreed and felt that if organizations voluntarily excluded the portion of their
organization that did not qualify it would effectively accomplish the City's
intent. CSD/Rose aclreed.
Mr. Rivera asked how the City would define where his teams practiced if he
had three teams in Category B? Chair/Grundy responded that it would be
negotiated to the specific situation and rather than including it in a policy it
might work better to not be so specific to allow for the maximum flexibility
and effectiveness. Chair/Grundy felt that the organizations would not see any
appreciable difference in field allocation because no matter what was
adopted, the intent of the policy was not to exclude but to set order to the
priorities.
MARCH 23, 2006 PAGE 8 P&R COMMISSION
Mr. Rivera said he! understood but pointed out that Page 9 reads: "applicant
shall not transfer, assign or sublet the use of permit fields or apply the use of
on behalf of another person or organization." Technically, under this
Paragraph he could not sublet it to D.B. AYSO or D.B./Walnut Valley Soccer
and he would not want to risk losing the field permits for his organization.
CSD/Rose said the provision was included so the City would know what was
going on. As long as someone calls RSII/Wright to tell him about the plan it
would be of no concern. He would not want AYSO or FCI to have the field
approved and then staff find out there was a men's football tournament being
played on those fields instead. Chair/Grundy said that it was not intended
that the provision be actively enforced during the allocation negotiations but
in terms of the bargaining, if there is a clear understanding that certain
organizations with high residency get priority then the organizations must
maintain the priority and not shift off the priority. If there is an agreement
within the organization it becomes the allocation and the organizations
should not be subletting without permission from the City.
C/Low said she disagreed with the statement that the City had no intention of
enforcing the "transfer" provision because a City policy must say what it
means and mean what it says. Otherwise, it opens the policy to challenge.
CSD/Rose repeated his statement that the City follows the policy to the
letter. The statement means that the City needs to be notified of any change
in the use so that the City can determine whether it wants to transfer the
allocation. C/Low said in that case "without the express consent of the City"
should be inserted and RSII/Wright responded that the second portion of the
last sentence reads: "must be approved by City staff and the revised facilities
permit will then be issued."
C/Low asked if staff had cleared the 60 percent requirement with the City's
Attorney and CSD/Rose explained that the City Attorney reviews the policy
before it is presented to the City Council and that the document should be as
complete as possible before it is forwarded to the City Attorney. C/Low asked
if it was legal to include a percentage and CSD/Rose responded "yes."
C/Low asked if there was a legal minimum or maximum percentage and
CSD/Rose said he knew of cities that had gone as high as 80 or 90 percent.
Chair/Grundy stated that other cities have instituted far more stringent
policies than D.B. is considering. CSD/Rose said that Walnut was at 51
percent; Placentia is 60 percent; Yorba Linda 60 percent; and Anaheim 75
percent. C/Low asked if Items 1 through 6 on Page 8 were in priority or
random order. RSII/Wright responded that the items were in descending
order.
C/Herndon recommended the Commission establish subsets and that
participation be allowed based on the subset.
VC/Owens felt that clause 'T' addressed that and allowed flexibility for the
groups to work together for field scheduling as well as notify staff of their
intentions. He felt the clause also provided for notification to the City so that
the City would be aware of who was using its facilities.
MARCH 23, 2006 PAGE 9 P&R COMMISSION
C/Herndon said he did not believe that the two items were equal and what he
was suggesting was that under the definition of "organizations" that within an
organization, D.B. based teams within that organization could qualify under
the residency requirements. Some teams might be in Walnut in the same
organization but two or three teams in D.B. have a majority of D.B. residents.
He recommended that the policy allow for those D.B. based teams to qualify
under the residency provision.
Chair/Grundy said he was open to looking at the recommendation and
whether it could be included in a provision of the policy to allow for
reasonable administration. He concluded that this would not be worked out
this evening and he recommended that the Commission continue to review
the document, return it to the ad hoc subcommittee or, take the document
into a study session.
VC/Owens said this policy was not unique to D.B. He asked Mr. Rivera if he
had teams from Glendora and whether they were seeking facilities in
Glendora. Mr, Rivera responded that the teams practice in Glendora and the
game field is at Neil Armstrong. CSD/Rose responded that C/Herndon's
suggestion to break out individual residential teams, the non-resident teams
that are not using D.B. facilities could be left out of the count.
Mr. Prather felt the requirement was not necessarily addressed at the three
organizations represented here tonight because the process works well for
them. There has been a proliferation of organizations coming into D.B.
looking for park space. He reiterated that he believed the Commission would
be wise to take this working document into a study session. He felt that
looking at specific teams within organizations was a great solution and at the
same time the Commission should look at a new way of splitting up the fields
or allow organizations to work together to split the fields.
Chair/Grundy asked for feedback about how the Commission would like to
proceed and discussion ensued.
C/Low recommended that the Commission pick a date for further discussion,
either by study session or another regular meeting when the agenda was not
so large. It seemed to her that the Commission could focus on certain items
rather than discuss the entire document.
Chair/Grundy said his opinion was that the Commission had received a lot of
input and had achieved the goal of presenting a working draft of the policy.
He agreed that the Commission needed to work through the document
based on the input. Since all of the Commissioners seem to have an interest
in continuing to offer recommendations he would recommend that the
document be taken to a study session and not wait for the next regular
meeting.
With Commission concurrence, Chair/Grundy asked SAA/Somenzi to
coordinate a study session date to continue review of the draft document.
MARCH 23, 2006 PAGE 10 P&R COMMISSION
C/Liang commented about the proposed rental fee for the picnic area (Page
6 Item 1.b) and suggested that the fee could be a cleaning deposit instead of
a rental fee because the City's concern is that the users clean up after
themselves. If staff determines that the area has been satisfactorily cleaned
up the City could refund the deposit. CSD/Rose pointed out that b. and c.
refer to rental fee and cleaning deposit and asked if C/Liang's
recommendation was intended to have just the cleaning deposit? C/Liang felt
that all reservations should have a cleaning deposit, not just larger groups.
RSM/West asked .if the Commissioners agreed that the non-residents should
be charged $50. C/Low said she was not opposed to any of the proposed
fees. C/Herndon felt a rental fee of $25 was rather insignificant especially
with staff's involvement.
2. INFORMATIONAL ITEMS
2.1 Recreation Program Report — RSIIMIright
2.2 Diamond Bar Community Foundation Oral Report — RS/Meyers
2.3 Youth Master Plan Oral Report — RS/Meyers
C/Low asked if the slide representation contained expenditures or a
combination of expenditures and revenues. RS/Meyers responded that the
$85,000 was an expense and the $244,000 Department of Education grant
cover the balance of expenses. The $130,000 was a two and one-half year
grant and the funds assist with the administrative costs and paying the youth
tutors. C/Low asked if this was a year round program and said she thought
the City was partnering with the church. CSD/Rose said the Church operates
the program and the funds come from the federal government. RS/Meyers
said that the amounts represented were amounts the program expected to
spend and that not all of the funds have been spent at this point.
VC/Owens asked if the community collaborative involved any Walnut High
School students who live in D.B. RS/Meyers said no because the
collaborative was not aware that students were given a choice whether to
attend D.B.H.S. or Walnut H.S. until VC/Owens brought it to their attention
and the collaborative is now working closely with WVUSD to determine who
those youth might be. The program could be opened up to see how many
youth would be interested in joining.
CSD/Rose reported that the winners of the logo contest would be recognized
at the April 4 City Council meeting.
2.4 Parks Report — PMS/Jordan
CSD/Rose reported that at yesterday's staff meeting Phil Williams, one of
PMS/Jordan's staff members, was awarded the Dorothy Schmidt Exemplary
Customer Service Award.
t
MARCH 23, 2006 PAGE 11 P&R COMMISSION
2.5 CIP Program Report —CSD/Rose
a. Trail and Trail Head Development at Sycamore Canyon Park —
b. Sycamore Canyon Park ADA Retrofit— Phase iIi —
Chair/Grundy wondered whether the cost estimates would change if the
work was delayed until after the Concerts in the Park series and
CSD/Rose responded that it would be an issue. However, staff would
include wording about "when the project is constructed" and include the
dates in the specifications so that the contractor is aware he is bidding for
those dates.
c. Lorbeer Ball Field — Artificial Turf/Restrooms — CSD/Rose reported that
after recent discussions with the PUSD staff concluded that the available
funds could be used to improve Lorbeer with turf instead of artificial turf
and also allow the City make improvements to other fields.
CSD/Rose responded to Chair/Grundy that PUSD was concerned about
artificial turf at Lorbeer because it would mean that the district's best
facility would be at a middle school instead of a high school. However,
the board seemed open to working with the City to improve the turf field
with the help of the City. Chair/Grundy said he hoped the City would
move forward with the field improvements. CSD/Rose reported that the
City offered to install a separate water meter and the City would pay for
the meter and the water that flows through it as well as provide ongoing
maintenance similar to the level of Pantera and Peterson parks.
4. NEW BUSINESS: None
5. ANNOUNCEMENTS:
Chair/Grundy asked staff to, prepare an agenda item for the next meeting to select
new subcommittee members.
C/Liang welcomed the new Commissioners.
C/Low said she looked forward to serving on the Parks and Recreation
Commission. She enjoyed the conference last week and learned a lot about what
Parks and Rec is all about and it's all about having a good time and serving the
community,
C/Herndon also attended the session in Ontario and found it to be very helpful. One
of the sessions was on artificial turf and he was very impressed to learn how
artificial turf increases the utilization of facilities and reduces the injuries as well as
other advantages. He proposed that staff investigate artificial turf and in six months
make some recommendations about whether the City should seriously consider
artificial turf for its facilities. CSD/Rose responded that staff would be studying how
to use the funds that were intended for Lorbeer Middle School and staff could
include a study of artificial turf in connection with upgrading other facilities in the
MARCH 23, 2006 PAGE 12 P&R COMMISSION
longer term.
VC/Owens welcomed the new Commissioners. He also attended the CPRS Awards
and Installations Banquet last Saturday and participated in the award ceremonies
during which the City received the award for the design of the Diamond Bar Center.
Chair/Grundy welcomed the returning and new Commissioners. He praised staff
members for their involvement with the Sycamore Canyon Trailhead and said that it
looked fabulous and that it was great to see the parking areas filled. He
congratulated the City for receiving the Design Award for the Diamond Bar Center
and said that he appreciated everyone's participation in tonight's meeting.
ADJOURNMENT: Upon motion by C/Low, seconded by ClHerndon and with no further
business before the Parks & Recreation Commission, Chair/Grundy adjourned the meeting
at 9:52 p.m.
Respectfully Submitted,
Is/ Bob Rose
Bob Rose, Secretary
cave Vrundy,
Agenda # 6.4
Meeting Date: April 18, 006
CITY COUNCIL a - AGENDA REPORT
TO: Honorable Mayor and Members of e City Council
VIA: Linda C. Lowry, City Manage
TITLE: Ratification of Check Register dated March 31, 2006 through April 13,
2006
RECOMMENDATION:
Ratify Check Register containing checks dated March 31, 2006 through April 13, 2006
totaling $1,254,023.00.
FINANCIAL IMPACT:
Expenditure of $1,254,023.00 in City funds.
BACKGROUND:
The City has established the policy of issuing accounts payable checks on a weekly
basis with City Council ratification at the next scheduled City Council meeting.
DISCUSSION:
The attached check register containing checks dated March 31, 2006 through April 13,
2006 for $1,254,023.00 is being presented for ratification. All payments have been
made in compliance with the City's purchasing policies and procedures. Payments
have been reviewed and approved by the appropriate departmental staff and the
attached Affidavit affirms that the check register has been audited and deemed accurate
by the Finance Director.
PREPARED BY:
Linda G. Magnuson
Finance Director
REVIEWED BY:
� cl
Finance Di#ector Assistant City Manager
Attachments: Affidavit and Check Register— 03/31/06 through 04/13/06
CITY OF DIAMOND BAR
CHECK REGISTER AFFIDAVIT
The attached listing of demands, invoices, and claims in the form of a check register
including checks dated March 31, 2006 through April 13, 2006 has been audited and is
certified as accurate. Payments have been allowed from the following funds in these
amounts:
Fund #
Description
Amount
001
General Fund
$545,146.36
011
Community Organization Support Fd
$1,250.00
112
Prop A - Transit Fund
91,353.46
115
Int. Waste Mgt Fund
3,728.99
118
AB2766 - AQMD Fund
1,113.32
125
CDBG Fund
19,267.39
126
Citizens Option for Public Safety Fd
334.00
138
LLAD #38 Fund
6,519.98
139
LLAD #39 Fund
2,416.51
141
LLAD #41 Fund
2,604.39
250
Capital Improvement Project Fund
580,288.60
$1,254,023.00
Signed:
Linda G. Magfiuton
Finance Director
Page 1
City of Diamond Bar - Check Register 03/31/06 thru 04/13/06
Check Number Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
Check Date
PAYROLL TRANSFER
P1R TRANSFER-061PP 07
138
10200
1,125.72
$116,523.38
4/6/2006
06 -PP 07
4/6/2006
PAYROLL TRANSFER
PIR TRANSFER-061PP 07
139
10200
1,125.76
4!612006
PAYROLL TRANSFER
PIR TRANSFER -06 -PP 07
141 1
10200
1,125.68
4/6/2006
PAYROLL TRANSFER
PIR TRANSFER-06/PP 07
115
10200
1,928.99
4!6!2006
PAYROLL TRANSFER
PIR TRANSFER-06/PP 07
118
10200
863.44
4!6(2006
PAYROLL TRANSFER
PIR TRANSFER-06/PP 07
125
10200
1,090.84
416!2006
PAYROLL TRANSFER
PIR TRANSFER-061PP 07
001
10200
105,065.04
4/6/2006
PAYROLL TRANSFER
PIR TRANSFER-06/PP 07
1112
10200
4,197.91
06-PP06A JPAYROLL TRANSFER
PIR TRANSFER-06PP 06A
001
10200
5,000-271
$5,000.27
4/6/2006
SEVERANCE
0014060
4U1J95
7,500.uuu
$7,500.00
3/31/2006
70174
BRYAN PETROFF
70175
SOUTHERN CALIFORNIA EDISON
TRFFC SGNL-GRANDIGISPNGS
0015510
42126
397.14
$1,345.29
4/312006
4/312006
SOUTHERN CALIFORNIA EDISON
TRFFC SGNL-GISPNGSITRGT
0015510
42126
630.35
4/3/2006
SOUTHERN CALIFORNIA EDISON
TRFFC SGNL-DIB/MAPLE HLL
0015510
42126
317.80
JADELPHIA
MODEM SVCS-GOUNCIL
0014010
1 42130
46.95
$46.95
4/6/2006
70176
JADVANTEC CONSULTING ENGINEERS INC
ISIGNAL TIMING -OCT -DEC 05
0015510
44000
5,670.00
$5,670.00
416/2006
70177
JAGRICULTURAL COM WGHTS & MEASURES
COYOTE CONTROL SVCS -FEB
0014431
45406 1
636.581
$636.58
4/6/2006
70178
4/6/2006
70179
ARAMARK WORK APPAREL & UNIFORM SVCS
UNIFORM SVCS -ROAD MAINT
0015554
42130
13.00
$72.76
4/6/2006
ARAMARK WORK APPAREL & UNIFORM SVCS
UNIFORM SVCS -PARKS
0015310
42930
16-51
4/6/2006
ARAMARK WORK APPAREL & UNIFORM SVCS
UNIFORM SVCS -ROAD MAINT
0015554
42130
29.50
416/2006
ARAMARK WORK APPAREL & UNIFORM SVCS
UNIFORM SVCS -PARKS
0015310
42130
13.75
JASCAP
LICENSE -COPYRIGHT MUSIC
0015350
45305 1
565.751
$565.75
4/612006
70180
JAUDIO VISUAL INNOVATIONS
SUPPLIES -DBC
0015333
1 41200 1
491.63
$491.63
4/6/2006
70181
JAWESOME EVENTS
JEQ RENTAL -CITY B/DAY PRTY
1 0015350
1 42353 1
175.001
$175.00
4/6/2006
70182
BEAR STATE AIR CONDITIONING SVCS IN
MAINT-DBC
1 0015333
T 45300
773.00
$858.00
4/6/2006
70183
4/6/2006
BEAR STATE AIR CONDITIONING SVCS IN
MAINT-PANTERA PK
0015340
1 42210 1
85.00
Page 1
City of Diamond Bar - Check Register 03/31/06 thru 04/13/06
Page 2
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount Total Check Amount
Check Date
Check Number
4117(06 -PIR DEDUCTIONS
001
21105
537.67
$537.67
4/6/2006
70184
BENFSYST
70185
JOHN E BISHOP
CONTRACT CLASS -WINTER
0015350
45320
598.00
$1,056.00
4/6/2006
4/6/2006
JOHN E BISHOP
CONTRACT CLASS -WINTER
0015350
45320
458.00
BOULEVARD BAGELS
MTG SUPPLIES -HIR
0014060
42325
246.05
$246.05
4!61200670186
70187
BRUNDIGE GLASS
PLNG-DESK TOP
0015210
46220
440.67
$440.67
4/6/2006
4/612006
70188
IBUSINFSS TELECOMMUNICATION SYS INC.
PH SVCS -INFO SYS
0014070
42125
261.501$261.50
!APPRAISAL cvrc
0015240
44000
5,000.00
$5,000-00
4/6/2006
70189
BUSS SHELGER ASSOCIATES
70190
CDW GOVERNMENT INC.
FAX MACHINE-ClMGR
0014070
1 41300 1
320.41
$320.41
4/6/2006
70191
CENTER ICE SKATING ARENA
CONTRACT CLASS-W$NTER
0015350
T45320 1
162.00
$162.00
4/6/2006
70192
VICKY CHEN
RECREATION REFUND
1 001
34780 1
45.001
$45.00
4/6/2006
70193
CITY OF POMONA
I MTG-COUNCIL
0014010
1 42325 1
25.001
$25.00
4/6/2006
70194
CIVIC SOLUTIONS INC
PROF.SVCS-FPL 2004-85
001
23010
95.00
$8,977.50
416/2006
4!6!2006
CIVIC SOLUTIONS INC
PROF.SVCS-FPL 2005-147
001
23010
4,275.00
4/6/2006
CIVIC SOLUTIONS INC
PROF.SVCS-FPL 2006-191
001
23010
617.50
4/612006
CIVIC SOLUTIONS INC
PROF.SVCS-FPL 2005-130
001
23010
190.00
4/6/2006
CIVIC SOLUTIONS INC
PROF.SVCS-FPL 2006-189
1 001
23010
855.00
4/6/2006
CIVIC SOLUTIONS INC
PROF.SVCS-FEB 06
1 0015210
44000
2,945.00
j 70195
DAVID J. GRUNDY
P & R COMM -3123
0015350
1 44100 1
45.00
$45.00
4!612006
4/6/2006
70196
DAY & NITE COPY CENTER
PRINT SVCS -RECREATION
0015350
42110
626.38
$668.69
4!6!2006
DAY & NITE COPY CENTER
PRINT SVCS -PETERSON PK
0015350
42110
30.66
4/612006
DAY & NITE COPY CENTER
PRINT SVCS -PARKS
0015350
42110
11.65
70197
DELTA CARE PMI
APR 06 -DENTAL PREM
001
21104
326.52
$326.52
4/6/2006
70198
IDELTA DENTAL
JAPIR 06 -COBRA PREM
001
21104 1
142.50
$1,938.58
4!612006
Page 2
City of Diamond Bar - Check Register 03/31/06 thru 04/13/06
Page 3
Vendor Name
Transaction Description
Fund! Dept
Acct 4
Amount
Total Check Amount
Check Date
Check Number
DELTA DENTAL
APR 06 -DENTAL PREM
001
21104
1,730.46
$1,938.5$ ...
4/612006
70198...
4/6/2006
DELTA DENTAL
APR 06 -DENTAL PREM
0014095
40090
30.57
4/6/2006
DELTA DENTAL
APR 06 -DENTAL PREM
0014095
40070
35.05
70199
CAROL DENNIS
PROF.SVCS-P&R MTG
0015310
44000
300.00
$3Q0.00
4/6/2006
70200
DIAMOND BAR CHINESE ASSOCIATION
COMMUNITY ORG SUPPORT END
0114010
42355
1,000.00
$1,000.00
4!6/2006
DIAMOND BAR INTERNATIONAL DELI
MTG SUPPLIES-SH
0014411
42325
325.00
$325.00
41612006
70201
ENVIRONMENTAL IMPACT SCIENCES
PROF.SVCS-FPL 2005-147-B
001
23010
19,738.58
$19,738.58
4/6/2006
70202
70203
EVERGREEN INTERIORS
PLANT SVCS-D6C MAR 06
0015333
45300
165-001
$165.00
4/6/2006
EXPRESS MAIL CORPORATE ACCOUNT
EXP MAIL -FPL 2006-188
001
23010
14.46
$113.00
4/6/2006
70204
4/612006
EXPRESS MAIL CORPORATE ACCOUNT
EXP MAIL -GENERAL
0014090
42120
22.20
4/6/2006
EXPRESS MAIL CORPORATE ACCOUNT
EXP MAIL -FPL 2006-190
001
23010
14.40
4/6/2006
EXPRESS MAIL CORPORATE ACCOUNT
EXP MAIL -FPL 2006-188
001
23010
14.40
4/6/2006
EXPRESS MAIL CORPORATE ACCOUNT
EXP MAIL -GENERAL
0014090
42120
18.80
4/6/2006
EXPRESS MAIL CORPORATE ACCOUNT
EXP MAIL -FPL 2005-167
001
23010
14.40
4/6/2006
EXPRESS MAIL CORPORATE ACCOUNT
EXP MAIL -FPL 2005-167
001
23010
14.40
70205
EXPRESS TEL
LONG DIST CHARGS-MAR 06
0014090
42125 1
28.14
$28-14
4/6/2006
70206
IFAST SERVICE INC
CONTRACT CLASS -WINTER
0015350
1 45300 1
985.201
$985.20
4/6/2006
70207
FEDEX
EXPRESS MAIL -GENERAL
0014090
42120
86.97
$397.54
4/6/2006
4!612006
FEDEX
EXPRESS MAIL -GENERAL
0014090
42120
118.30
4/6/2006
FEDEX
EXPRESS MAIL -GENERAL
0014090
42120
23.31
FEDEX
1EXPRESS MAIL -GENERAL
0014090
42120
168.96
4/6/2006
FIRST REGIONAL BANK
RETENTION -SEQUEL
250
20300 1
19,521.18
$19,521.18
4!61200670208
IFRAZEE INDUSTRIES
SUPPLIES -DBC
0015333
41200 1
76.66
$76.66
4/6/2006
70209
GFOA CONF-MAGNU50NlFULL
0014050
42330
690.00
$690.00
4/6/2006
70210
JGFOA
Page 3
City of Diamond Bar - Check Register 03/31/06 thru 04/13/06
Check Date
Check Number
Vendor Name
Transaction Description
Fundi Dept
Acct #
Amounf
Total Check Amount
4!6!2006
70211
GRAFFITI CONTROL SYSTEMS
GRAFFITI REMOVAL -FEB 06
0015230
45520 1
2,340.001
$2,340.00
4/6/2006
70212
LEW HERNDON
P & R COMM -3123
1 0015350
44100
45.001
$45.00
4/6/2006
70213
IHOME DEPOT CREDIT SERVICES
SUPPLIES -PARKS
0015340
42210
138.57
$138.57
416/2006
70214
HOT SHOTS ATHLETIC APPAREL INC
SUPPLIES -RECREATION
0015350
41200
68.091
$68.09
416/2006
70215
JINFLATABLE 2000 INC
GAMES -CITY B/DAY CELEB
1 0015350
42353
3,130.22
$3,130.22
4/6/2006
1 70216
J A BLASH SHOWS INC
ITICKET BOOTHS -CITY BIDAY ____F0015350j
42353 1
375.001
$375.00
13.200.00
$13,200.00
4/612006
1 70217
JAMES EVENT PRODUCTIONCARNIVAL
RIDES -CITY BIDAY
1 0015350
1 42353 1
4/6/2006
1 70218
JOBS AVAILABLE
AD -HIR SR ENG
0014060
42115
142.80
$275.40
4/6/2006
JOBSAVAILABLE
AD -HIR JR ENG
0014060
42115
132.60
4/6/2006
70219
IKENDALL SIGN INC
SIGNS -DBC
0015333
41200
642.041
$642.04
416/2006
70220
IJOYCE KHOWDEE
RECREATION REFUND
001
34780 1
64.00
$64.00
4/6/2006
70221
JEANINE KRAUSE
I RECREATION REFUND
001
34780 1
65.001
$65.00
4/612006
70222
L A COUNTY REGISTRAR RECORDER
ICITY COUNCIL -ELECTION
0014030
1 42390 1
34,963-951
$34,963.95
4/612006
1 70223
LANDS' END BUSINESS OUTFITTERS
STAFF SHIRTS -DBC
0015333
1 41200 1
4,282-151
$4,282.15
4/6/2006
70224
LDM ASSOCIATES INC.
CDBG PROG-DEC 06
1255215
44000
3,930.00
$9,118.75
4/6/2006
LDM ASSOCIATES INC.
CDBG PROG-JAN 06
1255215
44000
3,261.25
4/6/2006
LDM ASSOCIATES INC.
CDBG PROG-FEB 06
1255215
44000
1,927.50
4/6/2006
70225
BENNY LIANG
P & R COMM -3123
0015350
44100
45.00
$45.00
4/6/2006
70226
ILIEBERT CASSIDY WHITMORE
LEGAL SVCS -HIR
0014060
44021
1,200-371
$1,200.37
4/6/2006
1 70227
ILOS ANGELES COUNTY SHERIFF'S DEPT.
TRNG-COVER
0014411
45402
2,178.85
$2,178.85
Page 4
City of Diamond Bar - Check Register 03/31/06 thru 04/13/06
Check Date Check Number Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount
4/6/2006 70228 ALICE E LYONS BALLOONS -CITY B/DAY 0015350 42353 1,847.831 $1,847.83
4/6/2006
70229
MACADEE ELECTRICAL CONSTRUCTION
SIGNAL IMP-D/B/MAPLE HILL
2505510
R46412
49,133.30
$82,493.19
416/2006
MACADEE ELECTRICAL CONSTRUCTION
SIGNAL IMP-DIBICLO SPRNG
2505510
R46412
33,359.89
4/6/2006
70230
MANAGED HEALTH NETWORK
APR 06 -EAP PREMIUMS
001
21115
131.321
$131.32
4/6/2006
70231
IMCDERMOTT WILL & EMERY LLP
LEGAL SVCS -FEB 06
0014020
44021
892.50
$892.50
4/6/2006
70232
MCE CORPORATION
RIGHT-OF-WAY MAINT-FEB 06
0015554
45522
3,565.08
$53,043.56
4/6/2006
MCE CORPORATION
ROAD MAI NT -FEB 06
0015554
45502
6,764.00
==o na
n015554
455 12
317.76
4/6/2006
MCE CORPORATION
S I VRIVI DRAl1V .....1T
i -i i� ��
416/2006
MCE CORPORATION
SIDEWALK MAINT-FEB 06
0015554
45504
42,396.72
4!6/2006
70233
MIG INC
EGON DEV SVCS -JAN
0015240
44000
1,632.58
$4,916.49
4/6/2006
MIG INC
ECON DEV SVCS -FEB
0015240
44000
3,283.91
4/6/2006
70234
MOBILE INDUSTRIAL SUPPLY INCORP
HELIUM TANK REFILL -FEB
0015333
41200
61-591
$61.59
4/6/2006
70235
OFFICEMAX CONTRACT INC
SUPPLIES -DBC
0015333
41200
41.23
$2,418.25
4/6/2006
OFFICEMAX CONTRACT INC
SUPPLIES -DBC
0015333
41200
51.72
4/6/2006
OFFICEMAX CONTRACT INC
SUPPLIES-PIWORKS
0015510
41200
73.53
4/6/2006
OFFICEMAX CONTRACT INC
SUPPLIES -DBC
0015333
41200
51.88
4/6/2006
OFFICEMAX CONTRACT INC
SUPPLIES -DBC
0015333
41200
13.85
4/6/2006
OFFICEMAX CONTRACT INC
SUPPLIES -DBC
0015333
41200
84.40
4/6/2006
OFFICEMAX CONTRACT INC
SUPPLIES-PLNG
0015210
41200
10.68
4/6/2006
OFFICEMAX CONTRACT INC
SUPPLIES-PLNG
0015210
41200
53.38
416!2006
OFFICEMAX CONTRACT INC
SUPPLIES-PLNG
0015210
4100
21.60
4/6/2006
OFFICEMAX CONTRACT INC
SUPPLIES -HIR
0014060
41200
12.33
4/6/2006
OFFICEMAX CONTRACT INC
SUPPLIES -GENERAL
0014090
41200
267.59
4/6/2006
OFFICEMAX CONTRACT INC
REIMB-PLNG
0015210
41200
-10.68
416/2006
OFFICEMAX CONTRACT INC
SUPPLIES -CITY MANAGER
0014030
41200
27.06
4!6/2006
OFFICEMAX CONTRACT INC
SUPPLIES -FINANCE
0014050
41200
25.32
416/2006
OFFICEMAX CONTRACT INC
SUPPLIES -FINANCE
0014050
41200
25.32
4!6!2006
OFFICEMAX CONTRACT INC
SUPPLIES -DBC
0015333
41200
135.46
4/6/2006
OFFICEMAX CONTRACT INC
SUPPLIES -DBC
0015333
41200
97.52
Page 5
City of Diamond Bar - Check Register 03/31/06 thru 04/13/06
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
4/6/2006
4/6/2006
4/6/2006
4/6/2006
4/6/2006
4/6/2006
4/6/2006
4/6/2006
4/6/2006
4/612006
70235...
OFFICEMAX CONTRACT INC
OFFICEMAX CONTRACT INC
OFFICEMAX CONTRACT INC
OFFICEMAX CONTRACT INC
OFFICEMAX CONTRACT INC
OFFICEMAX CONTRACT INC
OFFICEMAX CONTRACT INC
OFFICEMAX CONTRACT INC
OFFICEMAX CONTRACT INC
OFFICEMAX CONTRACT INC
SUPPLIES -COMM SVCS
SUPPLIES -GENERAL
SUPPLIES -GENERAL
SUPPLIES-PLNG
SUPPLIES -GENERAL
SUPPLIES -GENERAL
SUPPLIES -GENERAL
MEMO CREDIT -CITY MANAGER
SUPPLIES -CITY MANAGER
SUPPLIES -GENERAL
0015350
0014090
0014090
0015210
0014090
0014090
0014090
0014030
0014030
0014090
41200
41200
41200
41200
41200
41200
41200
41200
41200
41200
21.33
345.26
35.94
38.72
34.11
260.60
610.65
-23.60
94.75
1 18.30
$2,418.25 ..
4/6/2006 1 70236 ORANGE COAST FENCING ICONTRACT CLASS -WINTER 0015350 45320 1 48.00 $48.00
4/6/2006 1 70237 TED OWENS IP & R COMM -3123 0015350 44100 1 45.001 $45.00
4/6/2006 1 70238 PACIFIC FIBRE AND ROPE CO INC SUPPLIES -PARKS 0015350 1 41200 1 131.361 $131.36
4/6/2006
4/6/2006
4/6/2006
70239
PERS RETIREMENT FUND
PERS RETIREMENT FUND
PERS RETIREMENT FUND
RETIRE CONTRIB-ER
RETIRE CONTRIB-EE
SURVIVOR BENEFIT
001
001
001
21109
21109
21109
11,435.38
7,180.46
39.99
$18,655.63
4/6/2006 70240 RUTH M. LOW P & R COMM -3123 0015350 1 44100 1 45.001 $45.00
4/6/2006
4/6/2006
1 70241
SEQUEL CONTRACTORS INC
SEQUEL CONTRACTORS INC
CONSTR-GRAND AVE
RENTENTIONS PAYABLE
2505510
250
46411
20300
195,211.75
-19,521.18
$175,690.57
4/6/2006 1 70242 SMART & FINAL SUPPLIES -TINY TOTS 0015350 41200 1 285.63 $285.63
4/6/2006 1 70243 SO COAST AIR QUALITY MGT DISTRICT LEASE -CITY HALL APR 0014090 42140 1 21,204.751 $21,204.75
4/6/2006 70244 SOLARWINDS.NET INC. ANNL MAINT-SOFTWARE 0014070 42205 395.04 $395.00
4/6/2006
4/6/2006
4/6/2006
4/6/2006
70245
SOUTHERN CALIFORNIA EDISON
SOUTHERN CALIFORNIA EDISON
SOUTHERN CALIFORNIA EDISON
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -DIST 41
ELECT SVCS -PARKS
ELECT SVCS -DIST 38
ELECT SVCS -DIST 39
1415541
0415340
1385538
1395539
42126
42126
42126
42126
141.09
3,462.19
294.66
284.85
$4,376.64
Page 6
City of Diamond Bar - Check Register 03/31/06 thru 04/13/06
Page 7
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount Total Check Amount
Check Date
Check Number
SOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
0015510
42126
193.851
$4,376.64 ...
4/6/2006
70245._
70246
GREG STEGNER
PER DIEM-MADD RECOG
1264411
42330
334.00
$334.00
4/6/2006
4/6/2006
70247
SUBWAY
MTG SUPPLIES -HIR
0014060
42325
23.95
$23.95
416/2006
70248
SULLY MILLER CONTRACTING CO
REHAB PROJ-WALNUT DR
2505510
46411
283,028.57
$283,028.57
41612006
70249
SUNGARD PENTAMATION
RENEWAL -COMP MAINT
0014070
42205
793.83
$793.83
70250
THE KOSMONT COMPANIES
CONSULTANT SVCS -FEB 06
0015240
44000
4,362.50
$4,956.25
416!2006
_YI_
nNSULTANe\vS-F-ROF
44000
59
416!2006
KOSMOIN COMPANIES
4/6/2006
70251
ISTEVE TYE
REIMB-NLC CONF
0014010
42330 1
55.00
$55.00
4/6/2006
70252
JUNITED PARCEL SERVICE
EXPRESS MAIL -CITY B/DAY
0014090
42120
29.931
$29.93
4/6/2006
70253
VANTAGEPOINT TRANSFER AGENTS -457
4!07/06 -PIR DEDUCTIONS
001
21108
23,981.10
$23,981.10
4/6/2006
70254
VERIZON CALIFORNIA
PH.SVCS-DBC
0015333
42126
218.53
$797.57
4/6/2006
VERIZON CALIFORNIA
PH.SVCS-MAPLE HILL
0015340
42126
91.52
4/6/2006
VERIZON CALIFORNIA
PH.SVCS-REAGAN
0015340
42126
91.52
4/6/2006
VERIZON CALIFORNIA
PH.SVCS-PETERSON PK
0015340
42125
90.06
416/2006
VERIZON CALIFORNIA
PH.SVCS-DATA MODEM
0014090
42125
28.40
416/2006
VERIZON CALIFORNIA
PH.SVCS-GENERAL
0014090
42125
30.32
4/612006
VERIZON CALIFORNIA
PH.SVCS-DBC
0015333
42125
67.10
4!612006
VERIZON CALIFORNIA
PH.SVCS-HERITAGE PK
0015340
42125
90.06
4/6/2006
VERIZON CALIFORNIA
PH.SVCS-PANTERA PK
0015340
42125
90.06
70255
WELLS FARGO BANK
NLC CONF-COUNCIL
0014010
42330
11.00
$33.11
4/6/2006
4/6/2006
WELLS FARGO BANK
MTG-COUNCIL
0014010
42325
22.11
4/6/2006
70256
WEST COAST ARBORISTS INC
TREE MAINT-MAR 06
0015558
45509
7,795.00
$21,831.00
4/6/2006
WEST COAST ARBORISTS INC
TREE WATERING -MAR 06
0015558
45510
600.00
4/612006
WEST COAST ARBORISTS INC
TREE MAINT-MAR 06
0015558
45509
10,068.50
4/6/2006
WEST COAST ARBORISTS INC
TREE MAINT-FEB 06
0015558
45509
2,767.50
Page 7
City of Diamond Bar - Check Register 03131.106 thru 04/13/06
Page 8
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount Total Check Amount
Check Date
Check Number
WEST COAST ARBORISTS INC
TREE WATERING -FEB 06
0015558
45510
600.001
$21,831.00 ...
41612006
70256- -
70257
WEST END UNIFORMS
UNIFORMS-V/PATROL
0014415
41200
134.46
$280.26
4/6/2006
416!2006
WEST END UNIFORMS
UNIFORMS-V/PATROL
0014415
41200
145.80
DAWN ZIROLI
RECREATION REFUND
001
34780
115.00
$115.00
41fi12006
70258
JERRY ABEL
ENTERTAINMENT -SR PROG
0015350
453Q0
100.00
$10Q.00
4/13/2006
70259
70260
JADVANTEC CONSULTING ENGINEERS INC
ISiGNAL TIMING-JAN/FEB
0015510 1
44000
6.120.00
$6,120.00
4/13/2006
lei fool ICC TnK1F=Q
0014070
45000
117.99
$117.99
4/13/2006
70261
AMERICOMP GROUP !NO
",� � �^
70262
ARAMARK WORK APPAREL & UNIFORM SVCS
UNIFORM SVCS -PARKS
0015310
42130
20.25
$53.50
4/13/2006
4/13/2006
ARAMARK WORK APPAREL & UNIFORM SVCS
UNIFORM SVCS -ROAD MAINT
0015554
42130
6-50
4/13/2006
ARAMARK WORK APPAREL & UNIFORM SVCS
UNIFORM SVCS -PARKS
0015310
42130
20.25
4/13/2006
ARAMARK WORK APPAREL & UNIFORM SVCS
UNIFORM SVCS -ROAD MAINT
0015554
42130
6.50
70263
IAT & T
PH.SVCS-GENERAL
0014090
1 42125
20.22
$20-22
4/13/2006
70264
JISAAC AZIZ
REIMB-SSRI CONE
1185098
42340
249.88
$249.88
4/13/2006
70265
IVELVIN BILL
REFUND -PARKING CITATION
001
32230
30.00
$30.00
4/13/2006
70266
CONSULTING INC-
PROF.SVCS-FER 96-1
001
23011
265.00
$662.80
4/13/2006
4/13/2006
�BONTERRA
BONTERRA CONSULTING INC.
PROF.SVCS-FER 96-1
001
23011
397.80
IBUSINESS TELECOMMUNICATION SYS INC.
PH.SVCS-LT
0014070
1 44000 1
75-00
$75.00
4/13/2006
70267
ICALIFORNIA ASSN CODE ENFORCEMENT
TRNG-FLACKSISORIANO
0015230
42340 1
210-00
$210.00
4/13/2006
70268
ICALIFORNIA ASSN CODE ENFORCEMENT
TRNG-FLACKSISORIANO
0015230
1 42340 1130-00
$130.00
4/13/2006
70269
ICALIFORNIA JPIA
TRNG-D LIU
0015510
1 42325 1
50.00
$50.00
4/13/2006
1 70270
IMOHAMMED CHAWLA
IFACILITY REFUND -DBC
001
1 23002 1
500.00
$500.00
4/13/2006
1 70271
Page 8
City of Diamond Bar - Check Register 03/31/06 thru 04/13/06
Check Date Check Number Vendor Name Transaction Description Fundl Dept Acct # Amount Total Check Amount
4/13/2006 70272 ETNA CLEMONS FACILITY REFUND -DBC 001 1 36650 1 250.001 $250.00
4/13/2006 1 70273 CM SCHOOL SUPPLY SUPPLIES -TINY TOTS 1 0015350 1 41200 1 20.471 $20.47
4/13/2006 1 70274 COMLOCK SECURITY GROUP 1 0015340 1 42210 118.53 $118.53
4/13/2006 1 70275 CONTACT OFFICE SOLUTIONS SUPPLIES -GENERAL 0014090 1 41204 1 209.731$209.73
4/13/2006 1 70276 CORNERSTONE BIBLE COMMUNITY CHURCH FACILITY REFUND -DBC 001 1 23002 1 100.0D $100.00
4/13/2006
4!1312006
1 70277
DAVID EVANS AND ASSOCIATES INC
DAVID EVANS AND ASSOCIATES INC ICIP
CIP SVCS -MAR 06
SVCS -MAR 06
2505310
2505510
R46415 1
R46416
355.64
355.65
$711.29
4/13/2006 1 70278 IDEPT OF TRANSPORTATION SIGNAL MAINT-JAN 06 0015554 45507 1 1.615.95 $1,615.95
4/13/2006
4/13/2006
70279
DIAMOND BAR FRIENDS OF THE LIBRARY
DIAMOND BAR FRIENDS OF THE LIBRARY
FACILITY RENTAL -DBC
FACILITY RENTAL -DBC
001
001
23002 500.00
36615 20.00
$520.00
4/13/2006
4/13/2006
70280
DIAMOND BAR HAND CAR WASH
IDIAMOND BAR HAND CAR WASH
CAR WASH -GENERAL
CAR WASH-NGHBRHD IMP
0014090
0015230
42200
42200
37.95
51.94
$89.89
4/13/2006 70281 IDIAMOND BAR HIGH SCHOOL COMM ORG SUPPORT FUND 10114010 42355 250.001 $250.00
4/13/2006
4/13/2006
70282
DIAMOND BAR INTERNATIONAL DELI
DIAMOND BAR INTERNATIONAL DELI
SUPPLIES-P&R COMM
IMTG SUPPLIES-I.T
0015350
0014070
41200
42325
85.00
60.00
$145.00
4/13/2006 70283 IDIAMOND BAR MOBIL FUEL -COMM SVCS 0015310 42310 241.45 $241.45
4/13/2006
4/13/2006
4/13/2006
70284
DIAMOND BARIWALNUT YMCA
DIAMOND BARIWALNUT YMCA
DIAMOND BARNVALNUT YMCA
YMCA CHILDCARE -DEC 05
YMCA CHILDCARE -JAN 06
YMCA CHILDCARE-FEBIMAR
1255215
1255215
1255215
42355
42355
42355
320.00
320.00
400.00
$1,040.00
4/13/2006
4113/2006
70285
DIANA CHO & ASSOCIATES CDBG SVCS -FEB 06
DIANA CHO & ASSOCIATES ICDBG SVCS -MAR 06
1255215
1255215
44000
44000
1,960.00
2,240.00
$4,200.00
4/13/2006 1 70286 JETHEL DIMAPASOK IFACILITY RENTAL -HERITAGE 001 23002 200.001 $200.00
Page 9
Page 10
Check Register 03/31/06 thru 04/13/06
City of Diamond Bar -
Transaction Description
Dept
Acct #
Amount Total Check Amount
Check Date
Check Number Vendor Name
CDBG PROJ-SIDEWALK
�Fundl
05215
R46420
2,660.00
$2,660.00
4/13/2006
70287
DMS CONSULTANTS
CITY SUBSIDY-MAR 06
1125553
45533
2,940.00
$15,035.00
4/13/2006
70288
FOOTHILL TRANSIT
FOOTHILL TRANSIT-MAR 06
1125553
45535
12,095.00
4/13/2006
FOOTHILL TRANSIT
VEH MAINT-POOL VEH
0014090
42200
25,871$25.87
4/13/2006
70289
GRAND MOBIL
PIPE AND SUPPLY INC
SUPPLIES PARKS
0015340
42210
48.63
$48.63
4/13/2006
70290
HIRSCH
CONSULTING SVCS-MAR 06
1155515
44000
675.00
$1,800 00
4/13/2006
70291
HULS ENVIRONMENTAL MGT LLC
1155515
44000
1,125.00
4/1312006
1HULS
ENVIRONMENTAL MGT LLC
CONSULTING SVCS-MAR 06
FACILITY RENTAL-DBC
001
36615
400.00
$400.00
4/13/2006
70292
PAULETTE HUNTER
5REXCURS/ON-ORCHID SHOW
0015350
45310
1,804.20
$2,193.00
4/13/2006
70293
INLAND EMPIRE STAGES
TRANSPORTATION-EXCURSION
1125350
45310
388.80
4113!2006
INLAND EMPIRE STAGES
RECREATION REFUND
001
34780
80.00
$80.00
4/13/2006
70294
MEGAN JANG
SUPPLIES-DBC
0015333
41200
105.48
$605.58
4/13/2006
70295
KENS HARDWARE
0015340
41200
487.67
4/13/2006
KENS HARDWARE
SUPPLIES-PARKS
0015554
41250
12.43
4/131200(5
KENS HARDWARE
SUPPLIES-ROAD MAINT
RECREATION REFUND
001
34780 1
80.00
$80.00
4/13/2006
70296
JOYCE KHOWDEE
PRKG CITE HRGS-MAR 06
0014411
45405 I
230.00
$230.00
4/1312006
70297
ICITY OF LA VERNE
FACILITY RENTAL-DBC
001
36615 1
400.00
$400.00
4/13/2006
70298
JANNIE LE
ADMIN FEE-EN 03-397
001
34650
-56.70
$1,012.50
411312006
70299
LEIGHTON &ASSOCIATES, INC.
LEIGHTON & ASSOCIATES, INC.
ADMIN FEE-EN 04-449
001
23012
125.55
4/13/2006
LEIGHTON & ASSOCIATES, INC.
ADMIN FEE-EN 04-449
001
34650
-125.55
4/13/2006
LEIGHTON & ASSOCIATES, INC.
PROF.SVCS-EN 03-397
001
23012
315.00
4/13/2006
LEIGHTON & ASSOCIATES, INC.
PROF.SVCS-EN 04-449
001
23012
697.50
4/13/2006
&ASSOCIATES, INC.
ADMIN FEE-EN 03-397
001
23012
56.70
4!1312006
LEIGHTON
TRNG-H/R CREWS
0014060
42340
1,350.00
$1,350.00
WHITMORE
4/13/2006
70300
LIEBERT CASSIDY
Page 10
City of Diamond Bar - Check Register 03/31/06 thru 04/13/06
Check Date Chectc Numher Vendor Name Transaction Description Fund/ Dept Acct # Amount Total Check Amount
Page 11
LOS ANGELES COUNTY PUBLIC WORKS
ST LIGHT MAINT-OCT 05
0015510
42126
39.00
$1,244.84
4/13/2006
70301
LOS ANGELES COUNTY PUBLIC WORKS
SUMP PUMP MAINT-SYC CYN
0015340
45300
238.35
4113/2006
LOS ANGELES COUNTY PUBLIC WORKS
INDUSTRIAL WASTE -FEB 06
0015510
45530
434.15
4/1312006
ANGELES COUNTY PUBLIC WORKS
TRAFFIC SIGNAL MAINT-FEB
0015554
45507
533.34
4113!2006
LOS
CITY SUBSIDY -JAN 06
1125553 1
45533
595.70
$4,432.50
4/13/2006
70302
LOS ANGELS COUNTY MTA
1125553
45535
1,730.30
4113/2006
LOS ANGELS COUNTY MTA
MTA PASSES -JAN 06
1125553
45533
545.65
4/1312006
LOS ANGELS COUNTY MTA
CITY SUBSIDY -FEB 06
1125553
45535
1,560.85
4113/2006
LOS ANGELS COUNTY MTA
MTA PASSES -FEB 06
n 1 Onn
77 50
$274.72
4l1312006
70303
LOWE'S BUSINESS ACCOUNT
SUPPLIES -PARKS
5'40
001 0015340
4221D
--
4!1312006
LOWE'S BUSINESS ACCOUNT
SUPPLIES -PARKS
0015340
L174.90
41200
77.32
4/13/2006
LOWE'S BUSINESS ACCOUNT
SUPPLIES -PARKS
INTEROP CONF-K DESFORGES
0014070
42330
1,609.93
$1,609.93
4/13/2006
70304
MANDALAY BAY HOTEL
REIMS-MTG SUPPLIES
0014411
42325
177.17
$177.17
4113!2006
70305
JOSEPH MAXEY
CONTRACT CLASS-WSNTER
0015350
45320
324.00
$324.00
4113!2006
70306
SURENDRA MEHTA
CITY SUBSIDY -MAR 06
1125553
45533
13,711.85
$67.299.25
4113!2006
70307
METROLINK
METROLINK PASSES -MAR 06
1125553
45535
53,587.40
4/13/2006
METROLINK
MUNICIPAL ENGINEERING RESOURCES
CONSULTING SVCS-FEB/MAR
0015510
45221
7,055.00
$9,265.00
4!13!2006
70308
ENGINEERING RESOURCES
CONSULTING -MAR 06
0015510
45221
2,210.00
4!13!2006
MUNICIPAL
CDBG PROJ-SIDEWALK
2505510
46420
16,183.80
$16,183.80
4/13/2006
70309
NOBEST INCORPORATED
TEMP SVCS -WK 412
0015310
1 44000
158.881$158.88
411312006
70310
OLYMPIC STAFFING SERVICES
GOPHER SVCS-SYC CYN PK
0015340
42210
55.00
$130.00
4!1312006
70311
JORKIN INC
GOPHER SVCS-PANTERA PK
D015340
42210
75.00
4/1312 0 0 6
ORKIN INC
FACILITY REFUND -DBC
001
23002
100.00
$600.00
4/13/2006
70312
IVILAS PATEL
FACILITY RENTAL -DBC
0p1
23002
500.OD
4/13/2006
VI LAS PATEL
Page 11
City of Diamond Bar - Check Register 03/31/06 thru 04/13/06
Check Hate Check Number Vendor Name Transaction Description Fund/ Dept Acct #
Amount Total Check Amount
4/13/2006 70313 POUK & STEINLE INC ST SIGNS INSTALL -MAY 06 0015554 45506
1 94,855.50 $94,855.50
4/13/2006
4/1312006
4/13/2006
4/1312006
4/13/2006
4/13/2006
4/13/2006
70314
1PRINCE
PRINCE SHANT CORP
PRINCE SHANT CORP
PRINCE SHANT CORP
PRINCE SHANT CORP
PRINCE SHANT CORP
PRINCE SHANT CORP
SHANT CORP
FUEL -COMM SVCS
FUEL-NGHBRHD IMP
FUEL -ROAD MAINT
FUEL -GENERAL
FUEL -ROAD MAINT
FUEL -GENERAL
FUEL -COMM SVCS
0015310
0015230
0015554
0014090
0015554
0014090
0015310
42310
42310
42310
42310
42310
42310
1 42310
404.19
288.17
560.55
275.22
678.50
183.71
1 418.20
$2,808.54
4/13/2006 70315 PTM DOCUMENT SYSTEMS IPRINT SVCS -1099 FORMS 0014050 1 42110 1 54.85 $54.85
4/13/2096 70316 R F DICKSON COMPANY IST SWEEPING SVCS -MAR 06 0015554 1 45501 1 9,323.44 $9,323.44
4/13/2006 70317 S C SIGNS & SUPPLIES LLC SUPPLIES -ROAD MAINT 0015554 1 41250 744.49 $744.49
4/13/2006 70318 SECTRAN SECURITY INC. ICOURIER SVCS -APR 06 0014090 1 44000 291.49 $291.49
4/13/2006 70319 ALAN SONG RECREATION REFUND 001 34780 85.00 $85.00
4/13/2006
4/13/2006
4/13/2006
4/13/2006
4/13/2006
4/13/2006
4/13/2006
4/13/2006
4113/2006
4/13/2006
70320
SOUTHERN CALIFORNIA EDISON
SOUTHERN CALIFORNIA EDISON
SOUTHERN CALIFORNIA EDISON
SOUTHERN CALIFORNIA EDISON
SOUTHERN CALIFORNIA EDISON
SOUTHERN CALIFORNIA EDISON
SOUTHERN CALIFORNIA EDISON
SOUTHERN CALIFORNIA EDISON
SOUTHERN CALIFORNIA EDISON
ISOUTHERN CALIFORNIA EDISON
ELECT SVCS -TRAFFIC CONTRL
ELECT SVCS -TRAFFIC CONTRL
ELECT SVCS -TRAFFIC CONTRL
ELECT SVCS -TRAFFIC CONTRL
ELECT SVCS -TRAFFIC CONTRL
ELECT SVCS -TRAFFIC CONTRL
ELECT SVCS -TRAFFIC CONTRL
ELECT SVCS -TRAFFIC CONTRL
ELECT SVCS -TRAFFIC CONTRL
IFLECT SVCS -TRAFFIC CONTRL
1385538
0015510
0015510
0015510
0015510
0015510
0015510
0015510
0015510
0015510
42126
42126
42126
42126
42126
42126
42126
42126
42126
42126
24.94
18.41
689.30
113.15
43.02
36.81
27.64
36.81
42.29
1 61.01
$1,093.38
4/13/2006 70321 STATE BOARD OF EQUALIZATION SALES & USE TAX -JAN -MAR 001 36650 44.00 $44.00
4/13/2006 1 70322 ISTEVEN ENTERPRISES INC SUPPLIES -PUBLIC WORKS 0015510 1 41200 1 114.98 $114.98
4/13/2006 70323 THE COMDYN GROUP INC CONSULTING SVCS -ITT MAR 0014077 1 44000 1 487.50 $937.50
Page 12
City of Diamond Bar - Check Register 03/31/06 thru 04/13/06
Check Date
Check Number
Vendor Name
Transaction Description
Fund/ Dept
Acct #
Amount
Total Check Amount
4/13/2006
70323...
THE COMDYN GROUP INC
CONSULTING SVCS-I.T MAR
0014070
44000 1
450.00
$937.50 ...
4/13/2006
1 70324
ITHE WHOLE ENCHILADA INC
MTG SUPPLIES -COMM SVCS
0015350
41200 1
230.551
$230.55
4/13/2006
70325
ITRAFFIC CONTROL SERVICE INC
SUPPLIES -ROAD MAINT
1 0015554 1
41250 1
217.871
$217.87
4/13/2006
1 70326
TRENCH PLATE RENTAL CO
SUPPLIES -ROAD MAINT
1 0015554 1
42130 1
120.00
$120.00
4/13/2006
70327
UNITED STATES POSTAL SERVICE
IREPLENISH POSTAGE MACHINE
0014090
42120 1
5,000.001
$5,000.00
4/13/2006
1 70328
JALICAVALLE
IRECREATION REFUND
001 1
34740 1
59.00
$59.00
4/13/2006
70329
VANGUARD VAULTS LA INC
JDATA STORAGE SVCS -APR
0014070 1
45000 1
535.001
$535.00
4113/2006
70330
VERIZON CALIFORNIA
PH.SVCS-HERITAGE PK
0015340
42125
24.221
$163.50
4/1 312 00 6
VERIZON CALIFORNIA
PH.SVCS-TELEWORK ACIS
0014090
42125
108.38
4/13/2006
VERIZON CALIFORNIA
PH.SVCS-FAX LINE/CMGR
0014030
42125
30.90
4/13/2006
1 70331
JJODEL VISSER
FACILITY RENTAL -DBC
001
1 23002 1
500.00
$500.00
4/13/2006
70332
WALNUT VALLEY WATER DISTRICT
WATER SVCS -DIST 41
1415541
42126
1,337.62
$9,232.02
4/1312006
WALNUT VALLEY WATER DISTRICT
WATER SVCS -DIST 39
1395539
42126
1,005.90
4/1312006
WALNUT VALLEY WATER DISTRICT
WATER SVCS -DIST 38
1385538
42126
5,074.66
4/13/2006
WALNUT VALLEY WATER DISTRICT
WATER SVCS -PARKS
0015340
42126
1,813.84
4/13/2006
1 70333
WINDOR
HIP PROG-20902 MOONLAKE
1255215 T
44000 1
3,817.801
$3,817.80
4/13/2006
70334
ROBERT WONGSO
FACILITY RENTAL -DBC
001
36615
400.00
$400.00
4/13/2006
70335
JPAULWRIGHT
AIV SVCS-CCNL MTG.PIC
0014090
1 44000 1
332.50
$332.50
4/13/2006
70336
IYOSEMITE WATER
EQ RENTAL-SYC CYN PK
0015310
1 42130 1
13.25
$13.25
4/13/2006
70337
RAELYNN ZHANG
RECREATION REFUND
001
34780 1
45.00
$45.00
$1,254,023
Page 13
Agenda # 6.5
Meeting Date: April 18, 2006
CITY COUNCIL AGENDA REPORT_
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Rejection of Claim — Filed by Lana Kopchick on January 20, 2006.
RECOMMENDATION: Carl Warren & Co., the City's claims administrator, recommends the City
Council reject the claim filed by Lana K:opchick,
FINANCIAL IMPACT: There is no financial implication associated with rejecting this claim. The
claim for damage has not been determined. Should the claim be successful, it will be paid by the
JPIA.
BACKGROUND: On January 20, 2006, Lana Kopchick filed a Claim for Damages with the City
alleging that on January 2, 2006, during heavy rains and winds, a palm frond from a City tree fell
damaging her vehicle. Carl Warren & C',o., the City's claims administrator, determined that the claim
appears to be one of questionable liability and has recommended denial. Upon action by the City
Council, appropriate notice shall be sent to the claimant and Carl Warren & Co.
PREPARED BY: Tommye Cribbins City Clerk
REVIEWED BY:
-t Q -
Asst. City Manager
March 25, 2006
TO: The City of Diamond Bar
ATTENTION: Tommye Cribb:ins, Assistant to City Clerk
RE: Claim
Claimant
D/Event:
Rec'd Y/OfEce
Our File
Kopechick v Diamond Bar
Lana Kopechick
01/02/06
01/20/06
1400172DBQ
RECE�LF� NR 3 0 1pOb'
We have reviewed the above captioned claim and request that you take the action indicated
below:
• CLAIM REJECTION: Send a standard rejection letter to the claimant.
Please provide us with a copy of the notice sent, as requested above. If you have any questions
please contact the undersigned.
Very truly yours,
CARLAAP REN & COMPANY
Dcborhh Been
CARL WARREN & CO.
CLAIMS MANAGEMENT•CLAIMS ADJUSTERS
770 Placentia Avenue, Placentia, CA 92870-6832
Mail, P.O. Box 25180 • Santa Ana, Ca 92799-5180
Phone: (714) 572-5200 . (800) 572-6900 . Fax: (714) 961-8131
CITY COUNCIL
Agenda # 6.6
Meeting Date .-April 18, 2006
AGENDA REPORT
TO:. Honorable Mayor and Members of e City Council
VIA. Linda C. Lowry, City Manager
TITLE: NOTICE OF COMPLETION ��`"'FOR THE 2005-2006 COMMUNITY
DEVELOPMENT BLOCK GRANT SIDEWALK INSTALLATION
PROJECT ALONG THE WEST SIDE OF DIAMOND BAR BLVD. FROM
SOLITAIRE STREET TO JUST NORTH OF THE CALTRANS PARK
AND RIDE.
RECOMMENDATION:
File a Notice of Completion.
FINANCIAL IMPACT:
There is no financial impact.
BACKGROUND/DISCUSSION:
The City Council awarded a construction contract to Nobest, Inc. on October 4, 2005 in
an amount not to exceed $191,000 with a contingency amount of $28,650, for a total
authorization amount of $ 219,6,50. The City authorized the Notice to Proceed for the
Project on December 1, 2005. The project consisted of approximately 6,000 linear feet
of sidewalk to be installed along the west side of Diamond Bar Blvd. from Solitaire
Street to just north of the Caltrans Park and Ride.
Nobest, Inc. has completed all work required in accordance with the plans and
specifications as approved by the City. A final job walk was conducted on March 29,
2006, and staff is recommending acceptance of these improvements.
Final construction cost of the project is $179,659.50 which is $11,340.50 under the
authorized contract amount.
PREPARED BY:
Kimberly Molina, Associate Engineer Date Prepared: April 11, 200E
REVIEW
7,"
David . Liu, Director of Public'Works
Attachments: Notice of Completion
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
CITY OF DIAMOND BAR
21825 COPLEY DRIVE
DIAMOND BAR, CALIFORNIA 91765
ATTENTION: CITY CLERK
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion.
Notice is hereby given that:
I. The undersigned is the owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter
described:
2. The full name of the owner is City of Diamond Bar
3. The full address of the owner is 21825 Copley Drive
Diamond Bar CA 91765
4. The nature of the interest or estate of the owner is; "In fee"
0f other than fee, strike "In Cee" and insect, for example, "purchaser under Contract of purchase;' or "lessee")
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common
are: NAMES ADDRESSES
6. A work of improvement on the property hereinafter described was completed on March 29. 2006. The work done was:
2005-2006 Community Development Block Grant Sidewalk Instaalation Project alert g the west side of Diamond Bar Blvd.
from Solitaire next to SR 57 Freeway between Solitaire Street toe north and the Caltrans Park and Ride to the south
7. The name of the contractor, if any, for such work of improvement was Nobest, Inc.
(If no contractor for work of improvement as a whole, insert hone") October 4 2005
(Date of Contract)
8. The property on which said work of improvement was completed is in the City of Diamond Bar, County of Los Angeles, State of
California, and is described as follows along the west side of Diamond Bar Blvd. from Solitaire next to SR 57 Freeway
between Solitaire Street to the north and the Caltrans Park and Ride to the south
9. The street address of said property is "none"
Dated:
Verification for individual Oumer
of nostreet address has been officially assigned, insert "none')
CITY OF DIAMOND BAR
Signature of owner or coryoi ate olricer of oumer named in paragraph 2 orh�s agent
VERIFICATION
I, the undersigned, say: I am the Director of Public Works the declarant ofthe foregoing
(`4esident of , "Manager of," "A partter af,"'owner of," ex.)
notice of completion; I have read said notice of completion and know the contests thereof; the same is true of my own knowledge.
I declare under penalty ofperjury that the foregoing is true and correct.
Executed on
(Date of 9ignulute)
20 `, at Diamond Bar California -
(Ci y where signed)
(Personal signstuon oflhe individual who is swearing that the contents of
the notice of completion are true)
DO NOT RECORD
REQUIREMENTS AS TO NOTICE OF COMPLETION
A notice of completion must be filed for record WITHIN 10 DAYS after completion of the work of improvement
(to be computed exclusive of the day of completion), as provided in Civil Code Section 3093.
The "owner" who must file for record a notice of completion of a building or other work of improvement means the owner (or
his successor in -interest at the date the notice is filed) on whose behalf the work was done, though his ownership is less than the fee title.
For example, if A is the owner in fee, and B, lessee under a lease, causes a building to be constructed, then B, or whoever has succeeded
to his interest at the date the notice is filed, must file the notice,
If the ownership is in two or more persons as joint tenants or tenants in common, the notice may be signed by any one of the co-
owners (in fact, the foregoing form is designed for giving of the notice by only one covenant), but the names and addresses of the other
co-owners must be stated in paragraph 5 of the form.
Note that any Notice of Completion signed by a successor in :interest shall recite the names and addresses of his transferor or
transferors.
In paragraphs 3 and 5, the full address called for should include street number, city, county and state.
As to paragraphs 6 and 7, this form should be used only where the notice of completion covers the work of improvement as a
whole. If the notice is to be given only of completion of a particular contract, where the work of improvement is made pursuant to two or
more original contracts, then this form must be modified as follows:
(1) Strike the works "A work of improvement" from paragraph 6 and insert a general statement of the kind of work done or
materials furnished pursuant to such contract (e.g., "The foundations for the improvement");
(2) Insert the name of the contractor under the particular contract in paragraph 7.
In paragraph 7 of the notice, insert the name of the contractor 1'or the work of improvement as a whole, No contractor's name
need be given if there is no general contractor, e.g., on so-called "owner -builder jobs."
In paragraph 8, insert the fuli legal description, not merely a street address or tax description. Refer to deed or policy of title
insurance. If the space provided for description is not sufficient, a rider may be attached.
In paragraph 9, show the street address, if any, assigned to the property by any competent public or governmental authority.
Agenda # 5.7 _
Meeting Date. 4/18/06
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: RESOLUTION NO. 06 -XX OF THE CITY COUNCIL OF THE CITY
APPROVING THE APPLICATION FOR $272,000 OF LAND AND WATER CONSERVATION ONBAR
GRANT FUNDS, WHICH IF AWARDED, REQUIRES A $136,000 MATCH FROM THE CITY, FOR
THE SYCAMORE CANYON PARK TRAILS PROJECT FROM THE WATERFALL AREA TO THE
BASE OF THE NEW TRAILHEAD.
RECOMMENDATION: Adopt the Resolution.
FINANCIAL IMPACT: Development of Phase III of the Sycamore Canyon Park trail, including a
decomposed granite trail, from the waterfall to the trailhead, split rail fencing and construction of wider
trail below trailhead is estimated to cost $272,000. The Land and Water Conservation grant requires
a 50% match from the City. Therefore, if the entire estimated amount of $272,000 is approved, then
the grant will fund $136,000 and the City of Diamond Bar will be responsible for funding the remaining
$136,000.
BACKGROUND: Now that the improvements done in Sycamore Canyon Park Trail Phase I and II are
complete, finishing the trail from the waterfall to the trail head is the last phase to complete the first
priority of the Trails Master Plan adopted in 2001. Estimated cost to fund these improvements is
$272,000. The Land and Water Conservation grant provides an opportunity to obtain funding to
construct this part of the trail. As this is a matching grant, any grant funds awarded to the City of
Diamond Bar will have to be matched at 50% by the City. The City may match these funds with
awards from the Recreational Trails program, Rivers and Mountains Conservancy, Prop 40, Prop 12,
LA County Safe Parks Act and the City General Fund.
DISCUSSION: The grant application for this grant is being prepared by Community Services
staff. The application is due May 1, 2006. This Resolution is a required element of the grant
application. This is one of many applications that staff has submitted in an effort to obtain funds to
construct improvements identified in the Trails Master Plan. Phase I and Phase it have been
completed with grant funding from grant awards received in ttKcrva�t
PREPARED BY:
Alison Meyers
Recreation Specialist
Director of Community Services
RESOLUTION NO. 2006-
A RESOLUTION OF THE CiTY OF DiAMOND BAR APPROVING
THE APPLICATION FOR LAND AND WATER CONSERVATION FUND
FOR PHASE IIi OF THE SCYAMORE CANYON TRAILS PROJECT
WHEREAS, the Congress under Public Law 88-578 has authorized the establishment of a
Federal Land and Water Conservation Fund Grant -In -Aid program, providing matching funds to the
State of California and its political subdivisions for acquiring lands and developing facilities for public
outdoor recreation purposes; and
WHEREAS, the California Department of Parks and Recreation is responsible for
administration of the program in the State, setting up necessary rules and procedures governing
applications by local agencies under the program; and
WHEREAS, said adopted procedures established by the State Department of Parks and
Recreation require the applicant to certify by resolution the approval of applications and the
availability of eligible matching funds prior to submission of said applications to the State; and
WHEREAS, the proposal for Phase iIi of the Sycamore Canyon Trails
Project is consistent with the Statewide Comprehensive Recreation Resources Plan California
Outdoor Recreation Plan - 2002; and
WHEREAS, the Project must be compatible with the land use plans of those
jurisdictions immediately surrounding the Project;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar hereby:
1. Approves the filing of an application for Land and Water Conservation Fund assistance; and
2. Certifies that said agency has matching funds from the following source(s): Recreational Trails,
Rivers and Mountains Conservancy, Prop 40, Prop 12, LA County Safe Parks Act and the
General Fund, and can finance 100 percent of the Project, half of which will be reimbursed;
and
3. Certifies that the Project is compatible with the land use plans of those jurisdictions
immediately surrounding the Project; and
4. Appoints the City Manager as agent of the applicant to conduct all negotiations and execute
and submit all documents, including, but not limited to, applications, contracts, amendments,
payment requests, and compliance with all applicable current State and Federal laws which
may be necessary for the completion of the Project.
The City Clerk shall certify to the adoption of the Resolution.
PASSED, APPROVED AND ADOPTED this day of April, 2006.
CAROL HERRERA, Mayor
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing
Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of
Diamond Bar held on 18 day of April, 2006, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Tommye Cribbins, City Clerk
City of Diamond Bar
•
Meeting Date: April 18 2006
COUNCILCITY
TO: Honorable Mayor and Members of City Council
VIA: Linda C. Lowry, City Manager
64RMt-
TITLE: APPROVAL OF LEGISLATIVE SUBCOMMITTEE RECOMMENDATIONS TO OPPOSE
AB 2987 (NUNEZ), "THE: DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION
ACT OF 2006", WHICH WOULD ESTABLISH A STATEWIDE FRANCHISE FOR
CABLE AND VIDEO SERVICES
RECOMMENDATION:
The Legislative Subcommittee recommends that the City Council oppose AB 2987 (Nunez), which
would establish a statewide video franchise.
FISCAL IMPACT:
There is no fiscal impact associated with opposing the bill. However, should the legislation pass, all
cities would be vulnerable to the reduction of current franchise revenue as well as future revenue
from this expanding industry.
BACKGROUND 1 DISCUSSION:
Currently, video service providers muss: eater into a franchise agreement with the City in order to
provide service to the community. The current franchisee, Adelphia Communications, is the only
service provider at this time, however, the City's franchise agreement is not exclusive and other
providers may enter the market in the future.
With the rapid advancement of technology, other telecommunications and telephone providers, such
as Verizon and Sprint Nextel, have begun a push to enter the market to provide video services via
direct fiber connections to the home. The construction of direct fiber infrastructure will require a
significant investment by the providers, and has been the subject of intense debate as to whether the
new technology is subject to the same franchising requirements as cable.
Assembly Speaker Nunez has introduced AB 2987, which would make sweeping reforms to the
current franchising process. The bill, if passed, would create a statewide franchise that applies to all
video providers, cable or otherwise, that is managed by the California Department of Corporations.
Cities would no longer be able to negotiate their own individual franchises.
There are a number of concerns with AB 2987 (Nunez). By removing the franchise from the hands of
local entities, the ability to negotiate community -specific feature in the franchise is essentially
eliminated. Additionally, cities will no longer be able to enforce provisions of the agreement, including
customer protection standards and build -out requirements. While franchise fee allocations remain at
5%, there are some limits placed on their collection which could reduce overall receipts to the City.
The bill also creates difficulties for maintaining Public, Educational and Government (PEG) channel
access across all system platforms. Perhaps most importantly, the bill would open public right-of-way
to all interested providers, taking local control from cities and giving it to the state.
Prepared by:
u5 W f-
Ryan ean, Senior Management Analyst
Attachments:
David D , s stant City Manager
1. Copy of AB 2987 (Nunez), "The Digital Infrastructure and Video Competition Act of 2006"
2. Resolution and letter of opposition to AB 2987 (Nunez) to Assemblyman Nunez, Joe A.
Gonsalves & Son, and the League of California Cities.
RESOLUTION NO. 2006 -XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
OPPOSING AB 2987 (NUNEZ), "THE DIGITAL INFRASTRUCTURE AND VIDEO COMPETITION
ACT OF 2006", WHICH WOULD E.STABLISH A STATEWIDE FRANCHISE FOR CABLE AND
VIDEO SERVICES
WHEREAS, in accordance with state law, the City of Diamond Bar requires each prospective video
service provider to into a franchise agreement before doing business in town; and
WHEREAS, franchise agreements ensure the city receives the proper allocation of franchise fees,
which represent a significant amount of annual revenue to the City's General Fund; and
WHEREAS, franchise agreements protect the public right-of-way, by allowing cities to maintain local
control; and
WHEREAS, franchise agreements protect the interests of the community by setting customer service
standards and enforcement procedures; and
WHEREAS, AB 2987 (Nunez) would provide that video service providers would no longer be subject
to local franchising authorities, and instead be governed by a statewide franchise overseen by the
California Department of Corporations; and
WHEREAS, a statewide franchise, as proposed in AB 2987 (Nunez), would fail to protect local
consumers, eliminate a vast majority of: local authority and control of negotiations, enforcement
procedures, and public rights-of-way, increase difficulties for maintaining PEG channel access across
all video platforms, and possibly lower franchise fee allocations to local agencies; and
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar is
OPPOSED to AB 2987 (Nunez).
SECTION 1. That the City Council of the City of Diamond Bar shall adopt the Resolution and the City
Clerk shall certify to the adoption.
SECTION 2. That the City Council of the City of Diamond Bar asks all elected local and State
officials to OPPOSE AB 2987 (Nunez)
SECTION 3 That certified copies of the resolution be circulated to the following:
Assembly Speaker Fabian Nunez
League of California Cities
Joe A. Gonsalves & Son
PASSED, APPROVED, AND ADOPTED THIS 181h DAY OF APRIL, 2006.
Carol Herrera, Mayor
1, Tommye Cribbins, 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 4th day of April, 2006, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
Tommye Cribbins, City Clerk
City of Diamond Bar
AMENDED IN ASSEMBLY APRIL 6, 2006
AMENDED IN ASSEMBLY MARCH 30, 2006
CALIFORNIA LEGISLATURE -2005-06 REGULAR SESSION
ASSEMBLY BILL No. 2987
Introduced by Assembly Members Nunez and Levine
February 24, 2006
An act to add Article 3.7 (commencing with Section 53058) to
Chapter 1 of Part 1 of Division 2 of Title 5 of the Government Code,
relating to cable and video service.
LEGISLATIVE COUNSFL'S DIGEST
AB 2987, as amended, Nunez. Cable and video service.
Existing law provides that any city-isr, county, or city and county
may authorize by franchise or license the construction and operation
of a community antenna television system and prescribe rules and
regulations to protect the subscribers. Existing law provides that cable
and video service providers comply with specified customer service
standards and performance standards.
thebia..+..L
uiurua �. w GTGiIL�C12C
define the term ac of ✓
This bill would establish a procedure.,ibr state -issued authorizations
for the provision of cable service or video service that would be
administered by the Department of Corporations. The department
would be the sole franchising authority of state -issued authorizations
to provide cable or video services. The bill would require any person
who seeks to provide cable service or video service in this state to file
an application with the department for a state -issued authorization.
97
AB 2987
—2—
Current franchise holders would be eligible to apply for state -issued
authorizations on the expiration of their currentfranchise agreements.
Cities, counties, or cities and counties would receive fees for cable or
video services provided within their jurisdictions, based on gross
revenues, pursuant to specified procedures. The bill would require
these local agencies to permit the installation of networks by holders
of state -issued authorizations and would preclude enforcement of
standards by the local agencies.
Vote: majority. Appropriation: no, Fiscal committee: eta -yes.
State -mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. Article 3.7 (commencing with Section 53058) is
2 added to Chapter I of Part 1 of Division 2 of Title 5 of the
3 Government Code, to read.-
4
ead:4
5 Article 3.7. The Digital Infrastructure and Video Competition
6 Act of 2006
7
8 53058. This act shall be known and may be cited as the
9 Digital Infrastructure and Video Competition Act of 2006
10 53058.1. (a) This article shall be known and may be cited as
11 the Digital Infrastructure and Video Competition Act of 2006.
12 (b) The Legislature fords and declares all of the following:
13 (I) Video and cable services provide numerous benefits to all
14 Californians including access to a variety of news, public
15 information, education, and entertainment programming.
16 (2) Increased competition in the cable and video service sector
17 provides consumers with more choice, lowers prices, speeds the
18 deployment of new communication and broadband technologies,
19 creates jobs, and benefits the California economy.
20 (3) To promote competition, the state should establish a
21 state -issued franchise authorization process that allows market
22 participants to use their networks and systems to provide video,
23 voice, and broadband services to all residents of the state.
24 (4) Legislation to develop this new process should adhere to
25 the following principles.
97
3— AB 2987
1 (i) Create a fair and level playing field for all market
2 competitors that does not disadvantage or advantage one service
3 provider or technology over another.
4 (ii) Promote the widespread access to the most technologically
5 advanced cable and video services to all California communities
6 in a nondiscriminatory manner regardless of socioeconomic
7 status.
8 (iia) Protect local government revenues and their control of
9 public rights of way.
10 (iv) Require market participants to comply with all applicable
11 consumer protection laws.
12 (v) Complement efforts to increase investment in broadband
13 infrastructure and close the digital divide.
14 (vi) Continue access to and maintenance of the public,
15 education, and government (PEG) channels.
16 53058.2. For purposes of this article, the following words
17 have the following meanings:
18 (a) "Cable operator " means any person or group of persons
19 that either provides cable service over a cable system and
20 directly, or through one or more affiliates, owns a significant
21 interest in a cable system; or that otherwise controls or is
22 responsible for, through any arrangement, the management and
23 operation of a cable system, as set_forth in Section 522(5) of Title
24 47 of the United States Code.
25 (b) "Cable service " is defined as the one-way transmission to
26 subscribers of either video programming, or other programming
27 service, and subscriber interaction, if any, that is required for the
28 selection or use of video programming or other programming
29 service, as set forth in Section 52.2(6) of Title 47 of the United
30 States Code.
31 (c) "Cable system " is defined as set forth in Section 522(7) of
32 Title 47 of the United States Code.
33 (d) "Department " means the Department of Corporations.
34 (e) "Franchise " means an initial authorization, or renewal of
35 an authorization, issued by a franchising entity, regardless of
36 whether the authorization is designated as a franchise, permit,
37 license, resolution, contract, certificate, agreement, or otherwise,
38 that authorizes the construction and operation of a cable system
39 in public rights-of-way.
97
AB 2987
—4-
1 (f) "Franchising entity" means the city, county, or city and
2 county entitled to require franchises and impose fees on cable
3 operators, as set forth in Section .53066.
4 (g) `Incumbent cable operator" means the cable operator
5 serving the largest number of cable subscribers in a particular
6 city, county, or city and county jrranchise area on the effective
7 date of this article.
8 (h) 'Local entity" means any city; county, or city and county
9 within the state within whose jurisdiction a holder of a
10 state -issued authorization under this article may provide cable
11 service or video service.
12 (i) `Network" means a component of a facility that is wholly
13 or partly physically located within a public right-of-way and that
14 is used to provide video service, cable service, or voice or data
15 services.
16 6) Public right-of-way" means the area along and upon any
17 public road or highway, or along or across any of the waters or
18 lands within the state.
19 (k) "Subscriber" means a person who lawfully receives cable
20 service or video service from the holder of a state -issued
21 authorization or franchise for a fee.
22 (1) "Vdeo programming" means programming provided by,
23 or generally considered comparable to programming provided
24 by, a television broadcast station, as set forth in Section 522(20)
25 of Title 47 of the United States Code.
26 (m) "Video service" means video programming services
27 provided through wireline facilities located at least in part in
28 public rights-of-way without regard to delivery technology,
29 including Internet protocol technology. This definition does not
30 include any video programming provided by a commercial
31 mobile service provider defined in Section 322(d) of Title 47 of
32 the United States Code.
33 (n) "Video service provider" means an entity providing video
34 service. This term does not include a cable operator.
35 53058.3. (a) The Department of Corporations is the sole
36 franchising authorityfor a state -issued authorization to provide
37 cable service or video service under this article. Neither the
38 department nor any franchising entity or other local entity of the
39 state may require the holder of a state -issued authorization to
40 obtain a separate franchise or otherwise impose any fee or
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1 requirement on any holder of a state -issued authorization except
2 as expressly provided in this article. Sections 53066, 53066. 01,
3 53066.2, and 53066.3 shall not apply to holders of a state -issued
4 authorization.
5 (b) The application process described in subdivisions (d) and
6 (e) and the authority granted to the department under this section
7 shall not exceed the provisions set forth in this section.
8 (c) Any person who seeks to provide cable service or video
9 service in this state after the effective date of this article shall file
10 an application for a state -issued authorization with the
11 department. The department may impose a fee on the applicant
12 that shall not exceed the actual and reasonable costs of
13 processing the application and shall not be levied for general
14 revenue purposes.
15 (d) The application for a state -issued authorization shall be
16 made on a form prescribed by the department and shall include
I7 all of the following:
18 (1) A sworn affidavit, signed by an officer or another person
19 authorized to bind the applicant, that affirms all of the following:
20 (A) That the applicant has filed or will timely file with the
21 Federal Communications Commission all forms required by the
22 Federal Communications Commission before offering cable
23 service or video service in this state.
24 (B) That the applicant agrees to comply with all federal and
25 state statutes, rules, and regulations, including, but not limited
26 to, thefollowing:
27 (i) A statement that the applicant will not discriminate in the
28 provision of video or cable services as provided in Section
29 53058.7.
30 (ii) A statement that the applicant will abide by all applicable
31 consumer protection laws and rules as provided in Section
32 53058.8.
33 (iii) A statement that the applicant will remit the fee required
34 by Section 53058.4 to the local entity.
35 (iv) A statement that the applicant will provide PEG channels
36 as required by Section 53058.5.
37 (C) That the applicant agrees to comply with all lawful city,
38 county, or city and county regulations regarding the time, place,
39 and manner of using the public rights-of-way.
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1 (2) The applicant's legal name and any name under which the
2 applicant does or will do business in this state.
3 (3) The address and telephone number of the applicant's
4 principal place of business, along with contact information for
5 the person responsible for ongoing communications with the
6 department.
7 (4) The names and titles of the ,applicant's principal officers.
8 (5) The legal name, address, and telephone number of the
9 applicant' parent company, if any.
10 (6) A description of the service area footprint to be served
11 including the social economic information of all residents within
12 the service area footprint.
13 (7) If the applicant is a telephone corporation, as defined in
14 Section 234 of the Public Utilities Code, a description of the
15 territory in which the company provides telephone service. The
16 description shall include social economic information of all
17 residents within in the telephone corporation's service territory.
18 (8) The expected date for the deployment of video service in
19 each of the areas identified in paragraph (6).
20 (e) (1) The department shall notes an applicant for a
21 state -issued authorization whether the applicants affidavit
22 described by subdivision (d) is complete or incomplete before the
23 30th calendar day after the applicant submits the affidavit.
24 (2) If the department finds the affidavit is complete, it shall
25 issue a certificate of state -issued authorization before the 14th
26 calendar day after that finding.
27 (3) If the department finds that the application is incomplete, it
28 shall specify with particularity the items in the application that
29 are incomplete andpermit the applicant to amend the application
30 to cure any deficiency. The department shall have 30 calendar
31 days from the date the application is amended to determine its
32 completeness.
33 (4) The failure of the department to notes the applicant of the
34 completeness or incompleteness of the applicant's affidavit
35 before the 44th calendar day after .receipt of an affidavit shall be
36 deemed to constitute issuance of the certificate applied for
37 without further action on behalf of the applicant.
38 )) The state -issued authorization issued by the department
39 shall contain all of the following:
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1 (1) A grant of authority to provide cable service or video
2 service, or both, in the service area footprint as requested in the
3 application.
4 (2) A grant of authority to use the public rights-of-way in the
5 delivery of that service, subject to the laws of this state.
6 (3) A statement that the grant c f authority is subject to lawful
7 operation of the cable service or video service by the applicant
8 or its successor in interest.
9 (g) The state -issued authorization issued by the department
10 may be terminated by the cable operator or video service
11 provider by submitting notice to the department.
12 (h) Subject to the notice requirements of this article, a
13 state -issued authorization may be transferred to any successor in
14 interest of the holder to which the certificate is originally
15 granted.
16 (i) In connection with, or as a condition of, receiving a
17 state -issued authorization, the department shall require a holder
18 to notify the department and any applicable local entity within 14
I9 business days of any of the following changes involving the
20 holder or the state -issued authorization:
21 (1) Any transaction involving a change in the ownership,
22 operation, control, or corporate organization of the holder,
23 including a merger, an acquisition, or a reorganization.
24 (2) A change in the holder's legal name or the adoption of, or
25 change to, an assumed business name. The holder shall submit to
26 the department a certified copy of either of the following:
27 (A) The amended state -issued authorization.
28 (B) The certificate ofassumed business name.
29 (3) A change in the holder's principal business address or in
30 the name of the person authorized to receive notice on behalf of
31 the holder.
32 (4) Any transfer of the state -issued authorization to a
33 successor in interest of the holder. The holder shall idents the
34 successor in interest to which the transfer is made.
35 (S) The termination of any state -issued authorization issued
36 under this article. The holder shall identify both of thefollowing:
37 (A) The number of customers in the service area covered by
38 the state -issued authorization being terminated.
39 (B) The method by which the holder's customers were notified
40 of the termination.
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1 (6) A change in one or more oj'the service areas of this article
2 that would increase or decrease the territory within the service
3 area. The holder shall describe the new boundaries of the
4 affected service areas after the proposed change is made.
5 (j) Asa condition of receiving a state -issued authorization, the
6 holder shall notify all applicable local entities that the local
7 entity is included in the holder's service area under the
8 state -issued authorization being issued and that the holder
9 intends to provide video or cable service in the local entity's
10 jurisdiction. The holder shall give the notice required under this
11 subdivision not later than 10 days before the holder begins
12 providing video or cable service in the local entity's jurisdiction.
13 (k) The department shall develop information guides and other
14 tools to help educate local entities and other interested parties
15 about the various provisions of this article.
16 53058.4. (a) The holder of a state -issued authorization that
17 offers cable service or video service within the jurisdiction of the
18 local entity shall calculate and remit to the local entity a
19 state -issued authorization fee, as provided in this section. The
20 obligation to remit the state -issued authorization fee to a local
21 entity begins immediately upon provision of cable or video
22 service within that local entity s jurisdiction. However, the
23 remittance shall not be due until the time of the first quarterly
24 payment required under subdivision (g) that is at least 180 days
25 after the provision of service began. The fee remitted to a city or
26 city and county shall be based on gross revenues earned within
27 that jurisdiction, The fee remitted to a county shall be based on
28 gross revenues earned within the unincorporated area of the
29 county. No fee under this section shall become due unless the
30 local entity provides documentation to the holder of the
31 state -issued authorization supporting the percentage paid by the
32 incumbent cable operator serving; the area within the local
33 entity's jurisdiction, as provided below, The fee shall be
34 calculated as a percentage of the holder's gross revenues, as
35 defined in subdivision (d).
36 (b) The state -issued authorization fee shall be a percentage of
37 the holder's gross revenues, as droned in subdivision (d), as
38 follows:
39 (1) If there is an incumbent cable operator, 5 percent of the
40 holder's gross revenues or the percentage applied by the local
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entity to the gross revenue of the incumbent cable operator,
whichever is lesser.
(2) If there is no incumbent cable operator or upon the
expiration of the incumbent cable operator's franchise, a local
entity may, by ordinance, set the percentage applied to the gross
revenues of all cable operators and video service providers,
provided that the fee shall not exceed 5 percent of gross revenues
and shall be applied equally to all cable operators and video
service providers in the local entitys jurisdiction.
(c) No local entity or any other political subdivision of this
state may demand any additional fees or charges or other
remuneration of any kind from the holder of a state -issued
authorization other than as set forth in this section and may not
demand the use of any other calculation method or definition of
gross revenues. However, nothing in this section shall be
construed to limit a local entitys ability to impose utility user
taxes under other applicable provisions of state law.
(d) For purposes of this section, the term `gross revenues"
means all revenue actually received by the holder of a
state -issued authorization, as determined in accordance with
generally accepted accounting principles, that is derived from
the operation of the holder's network to provide cable or video
service within the jurisdiction of the local entity, including all of
thefollowing:
(1) All charges billed to subscribers for any and all cable
service or video service provided by the holder of a state -issued
authorization.
(2) Any fees imposed on the holder of a state -issued
authorization by this section that are passed through to, and paid
by, the subscribers.
(3) Compensation received by the holder of a state -issued
authorization that is derived from the operation of the holder's
network to provide cable service or video service with respect to
commissions that are paid to the holder of a state -issued
authorization as compensation for promotion or exhibition of any
products or services on the holder's network, such as a "home
shopping " or similar channel, subject to paragraph (4) of
subdivision (e).
(4) A pro rata portion of all revenue derived by the holder of a
state -issued authorization or its affiliates pursuant to
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I compensation arrangements for advertising derived from the
2 operation of the holder's network to provide cable service or
3 video service within the jurisdiction of the local entity, subject to
4 paragraph (1) of subdivision (e). The allocation shall be based
5 on the number of subscribers in the local entity divided by the
6 total number of subscribers in relation to the relevant regional or
7 national compensation arrangement,
8 (e) For purposes of this section, the term `gross revenue" set
9 forth in subdivision (d) does not include any of the following.•
10 (1) Amounts not actually received, even if billed, such as bad
11 debt; refunds, rebates, or discounts to subscribers or other third
12 parties; or revenue imputed from the provision of cable services
13 or video services for free or at reduced rates to any person as
14 required or allowed by law, including, but not limited to, the
15 provision of these services to public institutions, public schools,
16 governmental agencies, or employees other than forgone revenue
17 chosen not to be received in exchange for trades, barters,
18 services, or other items of value.
19 (2) Revenues received by any affiliate or any other person in
20 exchange for supplying goods or services used by the holder of a
21 state -issued authorization to provide cable services or video
22 services. However, revenue received by an affiliate of the holder
23 from the affiliate's provision of cable or video service shall be
24 included in gross revenue as follows:
25 (A) To the extent that treating the revenue as revenue of the
26 affiliate, instead of revenue of the holder, would have the effect of
27 evading the payment of fees that would otherwise be paid to the
28 local entity.
29 (B) The revenue is not otherwise subject to fees to be paid to
30 the local entity.
31 (3) Revenue derived from services classified as noncable
32 services or nonvideo services under federal law, including, but
33 not limited to, revenue derivedfrom telecommunications services
34 and information services, and any other revenues attributed by
35 the holder of a state -issued authorization to noncable services or
36 nonvideo services in accordance with Federal Communications
37 Commission rules, regulations, standards, or orders.
38 (4) Revenue paid by subscribers to "home shopping" or
39 similar networks directly from the sale of merchandise through
40 any home shopping channel offered as part of the cable services
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I or video services. However, commissions or other compensation
2 paid to the holder of a state -issued authorization by "home
3 shopping" or similar networks for the promotion or exhibition
4 products or services shall be included in gross revenue.
5 (5) Revenue from the sale of cable services or video services
6 for resale in which the reseller is required to collect a fee similar
7 to the state -issued authorization fee from the reseller's
8 customers.
9 (6) Amounts billed to and collected from subscribers to
10 recover any tax, fee, or surcharge imposed by any governmental
11 entity on the holder of a state -issued authorization, including, but
12 not limited to, sales and use taxes, gross receipts taxes, excise
13 taxes, utility users taxes, public service taxes, communication
14 taxes, and any other fee not imposed by this section.
15 (7) Revenue from the sale c f capital assets or surplus
16 equipment not used by the purchaser to receive cable services or
17 video services from the seller of those assets or surplus
18 equipment.
19 (8) Revenue from directory or Internet advertising revenue,
20 including, but not limited to, yellow pages, white pages, banner
21 advertisement, and electronic publishing.
22 (9) Revenue received as reimbursement by programmers of
23 marketing costs incurred by the holder of a state -issued
24 authorization for the introduction of new programming.
25 (10) Security deposits received from subscribers, excluding
26 security deposits applied to the outstanding balance of a
27 subscriber's account and thereby taken into revenue.
28 69 For purposes of this section, in the case of a cable service
29 or video service that may be bundled or integrated functionally
30 with other services, capabilities, or applications, the state -issued
31 authorization fee shall be applied only to the gross revenue, as
32 defined in subdivision (d), attributable to cable service or video
33 service, as reflected on the books and records of the holder kept
34 in the regular course of business in accordance with generally
35 accepted accounting principles and Federal Communications
36 Commission or Public Utilities Commission rules, regulations,
37 standards, and orders, as applicable.
38 (g) The state -issued authorization fee shall be remitted to the
39 applicable local entity quarterly, within 45 days after the end of
40 the quarter for the preceding calendar quarter. Each payment
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1 shall be accompanied by a summary explaining the basis for the
2 calculation of the state -issued authorization fee.
3 (h) Not more than once annually, a local entity may examine
4 the business records of a holder ofa state -issued authorization to
5 the extent reasonably necessary to ensure compensation in
6 accordance with subdivision (a). Each party shall bear its own
7 costs of the examination. Any claims by a local entity that
8 compensation is not in accordance with subdivision (a), and any
9 claims for refunds or other corrections to the remittance of the
10 holder of a state -issued authorization, shall be made within three
11 years and 45 days of the end of the quarter for which
12 compensation is remitted, or three years from the date of the
13 remittance, whichever is later Either a local entity or the holder
14 may, in the event of a dispute concerning compensation under
15 this section, bring an action in a court of competent jurisdiction.
16 (i) The holder of a state -issued authorization may idents and
17 collect the amount of the state -issued authorization fee as a
18 separate line item on the regular bill of each subscriber.
19 53058.5. (a) The holder of a state -issued authorization shall
20 designate a sufficient amount of capacity on its network to allow
21 the provision of a comparable number of PEG channels or hours
22 of programming, at the holder's discretion, that the incumbent
23 cable operator has activated and provided within the local entity
24 under the terms of any franchise in effect in the local entity as of
25 the effective date of this article. For the purposes of this section,
26 a PEG channel is deemed activated if it is being utilized for PEG
27 programming within the municipalityfor at least eight hours per
28 day. The holder shall have 12 months from the date the local
29 entity requests the PEG channels to designate the capacity.
30 However, the 12 -month period shall be tolled by any period
31 during which the designation or provision of PEG channel
32 capacity is technically infeasible, including any failure or delay
33 of the incumbent cable operator to make adequate
34 interconnection available, as required by this subdivision.
35 (b) If no PEG channels are activated and provided within the
36 local entity as of the effective date of this article, a local entity
37 whose jurisdiction lies within the authorized service area of the
38 holder of a state -issued authorization may request the holder to
39 designate not more than a total of three PEG channels in a
40 locality with a population of more than 50, 000, or not more than
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1 a total of two PEG channels in a locality with a population of
2 less than 50, 000, as determined by the last decennial census.
3 The holder shall have 12 months from the date of the request to
4 designate the capacity. However, the 12 -month period shall be
5 tolled by any period during which the designation or provision of
6 PEG channel capacity is technically infeasible, including any
7 failure or delay of the incumbent cable operator to make
8 adequate interconnection available, as required by this
9 subdivision.
10 (c) Any PEG channel provided pursuant to this section that is
11 not utilized by the local entity for at least eight hours per day
12 may no longer be made available to the local entity, and may be
13 programmed at the holder's discretion. At the time that the local
14 entity can certify to the holder a schedule for at least eight hours
15 of daily programming, the holder of the state -issued
16 authorization shall restore the channel or channels for the use of
17 the local entity.
18 (d) The content to be provided over the PEG channel capacity
19 provided pursuant to this section shall be the responsibility of the
20 local entity receiving the benefit of that capacity, and the holder
21 of a state -issued authorization bears only the responsibility for
22 the transmission of that content, subject to technological
23 restraints.
24 (e) The local entity shall ensure that all transmissions,
25 content, or programming to be transmitted by a holder of a
26 state -issued authorization are provided or submitted in a manner
27 or form that is capable of being accepted and transmitted by the
28 holder, without any requirement for additional alteration or
29 change in the content by the holder; over the holder's particular
30 network, and that is compatible with the technology or protocol
31 utilized by the holder to deliver services. The provision of those
32 transmissions, content, or programming to the holder of a
33 state -issued authorization shall constitute authorization for the
34 holder to carry those transmissions, content, or programming,
35 including, at the holder's option, beyond the jurisdictional
36 boundaries of that local entity.
37 (f) Where technically feasible, the holder of a state -issued
38 authorization and an incumbent cable operator shall negotiate in
39 good faith to interconnect their networks for the purpose of
40 providing PEG programming. Interconnection may be
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I accomplished by direct cable, microwave link, satellite, or other
2 reasonable method of connection. Holders of a state -issued
3 authorization and incumbent cable operators shall provide
4 interconnection of PEG channels on reasonable terms and
5 conditions and may not withhold the interconnection. If a holder
6 of a state -issued authorization and an incumbent cable operator
7 cannot reach a mutually acceptable interconnection agreement,
8 then the duty of the holder of a state -issued authorization shall be
9 discharged if the holder makes interconnection available to the
10 channel originator at a technically feasible point on the holder's
I network.
12 (g) A holder of a state -issued authorization shall not be
13 required to interconnect for, or, otherwise to transmit, PEG
14 content that is branded with the logo, name, or other identifying
15 marks of another cable operator or video service provider. The
16 local entity may require a cable operator or video service
17 provider to remove its logo, name, or other identifying marks
18 from PEG content that is to be made available through
19 interconnection to another provider of PEG capacity.
20 (h) After the effective date c f this article and until the
21 expiration of the incumbent cable operator's franchise, if the
22 incumbent cable operator has eacisting unsatisfied obligations
23 under the franchise to remit to the local entity any cash payments
24 for the ongoing capital costs of public educational and
25 governmental access channel facilities, the local entity shall
26 divide those cash payments among all cable or video providers
27 as provided in this section. The fee shall be the holder's pro rata
28 per subscriber share of the cash payment required to be paid by
29 the incumbent cable operator to the local entity for the capital
30 costs of public, educational, and governmental access channel
31 facilities.
32 (i) In determining the fee on a pro rata per subscriber basis,
33 all cable and video service providers shall report, for the period
34 in question, to the local entity the total number of subscribers
35 served with the local entity's jurisdiction, which shall be treated
36 as confidential by the local entity andshall be used only to derive
37 the per subscriber fee required by this section. The local entity
38 shall then determine the payment due from each provider based
39 on a per subscriber basis for the period by multiplying the
40 unsatisfied cash payments for the ongoing capital costs of public,
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1 educational, and governmental access channel facilities by a
2 ratio of the reported subscribers of each provider to the total
3 subscribers within the local entity as of the end of the period. The
4 local entity shall notify the respective providers, in writing, of the
5 resulting pro rata amount. After the notice, any fees required by
6 this section shall be remitted to the applicable local entity
7 quarterly, within 45 days after the end of the quarter for the
8 preceding calendar quarter, and may only be used by the local
9 entity as authorized under federal law.
10 6) Upon the expiration of the incumbent cable operator's
11 franchise or if there is no local franchise, the holder or holders
12 of a state -issued authorization shall pay the local entity, in whose
13 jurisdiction it is offering cable or video service, a fee to support
14 the capital costs of public, educational, and governmental access
15 channel facilities and to support of institutional networkfacilities
16 equal to I percent of the holder 's, gross revenues, as defined in
17 Section 53058.4, earned in the local entity or, at the holder's
18 election, the per subscriber fee that was paid by the holder to the
19 local entity pursuant to subdivision (h). The local entity may only
20 use the fee for purposes allowed under federal law. The payment
21 required by this subdivision shall not become due and payable
22 until the expiration of the incumbent cable operator's franchise,
23 or 180 days after the local entity notifies the holder of the
24 expiration, whichever is later.
25 (k) The following services shall continue to be provided by the
26 incumbent cable operator that was furnishing services pursuant
27 to a franchise until January 1, 2008, or until the term of the
28 franchise expires, whichever is later:
29 (1) PEG production or studio facilities.
30 (2) Institutional network capacity however defined or referred
31 to in the incumbent cable operator's franchise,, but generally
32 referring to a private line data network capacity for use by the
33 local entityfor noncommercial purposes.
34 (3) Cable services to community public buildings, such as
35 municipal buildings and public schools.
36 (1) The holder of a state -issued authorization may recover the
37 amount of any fee remitted to a local entity under this section by
38 billing a recovery fee as a separate line item on the regular bill
39 of each subscriber,
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1 (m) A court of competent jurisdiction shall have exclusive
2 jurisdiction to enforce any requirement under this section or
3 resolve any dispute regarding the requirements set forth in this
4 section, and no provider may by barred from the provision of
5 service or be required to terminate service as a result of that
6 dispute or enforcement action.
7 53058.6. (a) The local entity✓ shall allow the holder of a
8 state -issued authorization under this article to install, construct,
9 and maintain a network within public rights-of-way under the
10 same terms and conditions as applicable to telephone
11 corporations, as defined under Section 234 of the Public Utilities
I2 Code, under applicable state and federal law.
13 (b) A local entity may not enforce against the holder of a
14 state -issued authorization any rule, regulation, or ordinance that
15 purports to allow the local entity to purchase or force the sale of
16 a network.
17 53058.7. (a) A cable operator or video service provider that
18 has been granted a state -issued authorization under this article
19 may not discriminate against or deny access to service to any
20 group of potential residential subscribers because of the income
21 of the residents in the local area ,in which the group resides, as
22 required by Section 541(a)(3) of Title 47 of the United States
23 Code.
24 (b) The holder of a state -issued authorization shall have a
25 reasonable period of time to become capable of providing cable
26 service or video service to all households within the designated
27 service area footprint as defined in as defined in paragraph (6)
28 of subdivision (d) of Section 5.3058.2 and may satisfy the
29 requirements of this section through the use of (1) direct -to -home
30 satellite service or (2) another alternative technology that
31 provides comparable content, service, and functionality.
32 (C) Within 36 months after issuance of the holder's first
33 state -issued authorization, and then annually for seven
34 additional years, the holder shall report the extent to which cable
35 or video service is available to potential subscribers within the
36 holder's service area, including all of the following:
37 (1) The demographics of the service area.
38 (2) The percentage of homes in the service area that have
39 access to service.
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1 (3) The demographics of the portion of the service area that
2 has access to service.
3 (4) The technology used by the holder to provide access to
4 service.
5 The report shall be filed with the Legislature, the department,
6 the Governor, and the Attorney General, and posted on the
7 holder's Web site. The holder shall not be required to report
8 competitively sensitive information.
9 (c) If there is a violation, the exclusive remedy for enforcing
10 the provisions of this section shall be an action in a court of
11 competent jurisdiction brought by the local entity, the district
12 attorney of the county in which the local entity is located, or the
13 Attorney General on behalf of the department. At least 60 days
14 before bringing an action, the enforcement entity shall serve the
15 holder of the state -issued authorization under this article with a
16 notice setting out the alleged violation and stating that an action
17 may be brought unless the provider, within the 60 -day notice
18 period, corrects the alleged violation or enters into a binding
19 agreement to correct the violation. The notice shall contain a
20 sufficiently detailed description of'the alleged violation to enable
21 the holder of the state -issued authorization to make a specific
22 response. If the holder of the state issued franchise does not
23 timely enter into a binding agreement to correct the violation,
24 then the matter shall proceed before the court of competent
25 jurisdiction.
26 (d) If the court finds that the holder of the state issued
27 franchise is in wild violation of Section 53058.7 herein, it may,
28 in addition to any other remedies provided by law, impose a fine
29 not to exceed I percent of the holder's total gross revenue of its
30 entire cable and service footprint in the state in the full calendar
31 month immediately prior to the decision.
32 53058.8. The holder of a state -issued authorization shall
33 comply with the provisions of Sections 53055, 53055.1, 53055.2,
34 and 53088.2. A franchising or local entity may not adopt or seek
35 to enforce any additional or different customer service or other
36 performance standards under Section 53055.3, subdivision (q),
37 (r), or (s) of Section 53088.2, or under any other authority or
38 provision of law. Any reporting or enforcement authority in those
39 sections shall instead be assigned solely to the department.
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1 53058.9. (a) The holder of a ,state -issued authorization shall
2 perform background checks of applicants for employment,
3 according to current business practices.
4 (b) A background check equivalent to that performed by the
5 holder shall also be conducted on all of the following:
6 (1) Persons hired by a holder under a personal service
7 contract.
8 (2) Independent contractors and their employees.
9 (3) Vendors and their employees.
10 (c) Independent contractors and vendors shall certify that they
11 have obtained the background checks required pursuant to
12 subdivision (fl, and shall make the background checks available
13 to the holder upon request.
14 (d) Except as otherwise provided by contract, the holder of a
15 state -issued authorization shall not be responsible for
16 administering the background checks and shall not assume the
17 costs of the background checks of individuals who are not
18 applicants for employment of the Bolder
19 (e) (1) Subdivision (a) only applies to applicants for
20 employment for positions that would allow the applicant to have
21 direct contact with or access to the holder's network, central
22 office, or customer premises, and perform activities that involve
23 the installation, service, or repair of the holder's network or
24 equipment.
25 (2) Subdivision (b) only applies to person that have direct
26 contact with or access to the holder's network, central office, or
27 customer premises, and perform activities that involve the
28 installation, service, or repair of the holder's network or
29 equipment.
30 69 This section does not apply to temporary workers
31 performing emergency functions to restore the network of a
32 holder to its normal state in the event of a natural disaster or an
33 emergency that threatens or results in the loss of service.
34 53058.10. (a) A holder of a state -issued authorization
35 employing more than 750 total employees shall annually report
36 to the department all of thefollowing:
37 (I) The number of California residents employed by the
38 workforce, calculated on a full-time or full-time equivalent basis.
39 (2) The percentage of the holder's total domestic workforce,
40 calculated on a full-time or full-time equivalent basis.
97
-19-- AB 2987
1 (3) The number of California residents employed by
2 independent contractors and consultants hired by the holder,
3 calculated on a full-time or full-time equivalent basis, when the
4 holder has obtained this information upon requesting it from the
5 independent contractor or consultant, and the holder is not
6 contractually prohibited from disclosing the information to the
7 public. This paragraph applies only to those employees of an
8 independent contractor or consultant that are personally
9 providing services to the holder, and does not apply to employees
10 of an independent contractor or consultant not personally
11 performing services for the holder.
12 (b) The department shall annually report the information
13 required to be reported by holders of state-issued authorizations
14 pursuant to subdivision (a), to the Assembly Committee on
15 Utilities and Commerce and the Senate Committee on Energy,
16 Utilities and Communications, or their successor committees,
17 and within a reasonable time thereafter, shall make the
18 information available to the public on its Internet Web site.
19 53058.11. (a) The provisions of this article are intended to
20 be consistent with the Federal Cable Act (47 U.S.C. Sec. 521 et
21 seg.).
22 (b) Nothing in this section shall be interpreted to prevent a
23 voice provider, cable operator or video service provider, or local
24 entity from seeking clarification of its rights and obligations
25 under federal law or from exercising any right or authority under
26 federal or state law.
27 teneing with Seeti m-5305"
28 added to Ghaptej 1 of pa Divisionn,_of Title 5 f ,
30
31 Artiele 3.4. The Bi
32 Aet of 2196
33
34
35lnfrast5n e _t of 2006
36 „
37fr
artiel '
JL
38ethertite '
97
AB 2987 -20--
;i 20---
April 18, 2006
The Honorable Assemblyman Fabian Nunez
State Capitol
P.O. Box 942849
Sacramento, CA 94249-0046
Dear Assemblyman Nunez:
Recently, the Diamond Bar City Council Legislative Subcommittee met to review your proposed bill,
AB 2987, which proposes a new statewide franchising system for video service providers. The
subcommittee recommended to the full City Council that they support AB 2987. Subsequently, on
April 18, 2006, the Diamond Bar City Council voted to support AB 2987.
In order to ensure protection of the public's best interests, California's cities must retain the ability to
negotiate and develop their own individual franchise agreements with video service providers. These
agreements ensure customer service standards are maintained, franchise fees are paid properly and
regularly, and PEG access channels available and accessible. They also keep control of public
rights-of-way in the hands of the agencies that manage them best; local governments.
AB 2987 discontinues requirements to develop ]-Nets, which provide essential functions for many
cities. The bill would also create a system that does not require build -outs, which may lead providers
to provide full service exclusively to higher -income areas. Quite simply, the bill will have negative
consequences for cities and their residents.
Local franchising has not presented a barrier to the entry of new providers in the marketplace. The
City of Diamond Bar remains open to good faith negotiations with any prospective entrant to the
market that approaches us. We don not believe the local franchising process discourages
competition in any way.
For these reasons, the City of Diamond Bar is opposed to AB 2987.
Sincerely,
Carol Herrera
Mayor
CC: League of California Cities
Joe A. Gonsalves & Son
City Council
April 18, 2006
The Honorable Assemblyman Fabian Nunez
State Capitol
P.O. Box 942849
Sacramento, CA 94249-0046
Dear Assemblyman Nunez:
Recently, the Diamond Bar City Council Legislative Subcommittee met to review your proposed bill,
AB 2987, which proposes a new statewide franchising system for video service providers. The
subcommittee recommended to the full City Council that they support AB 2987. Subsequently, on
April 18, 2006, the Diamond Bar City Council voted to support AB 2987.
In order to ensure protection of the public's best interests, California's cities must retain the ability to
negotiate and develop their own individual franchise agreements with video service providers. These
agreements ensure customer service standards are maintained, franchise fees are paid properly and
regularly, and PEG access channels available and accessible. They also keep control of public
rights-of-way in the hands of the agencies that manage them best; local governments.
AB 2987 discontinues requirements to develop I -Nets, which provide essential functions for many
cities. The bill would also create a system that does not require build -outs, which may lead providers
to provide full service exclusively to higher -income areas. Quite simply, the bill will have negative
consequences for cities and their residents.
Local franchising has not presented a barrier to the entry of new providers in the marketplace. The
City of Diamond Bar remains open to good faith negotiations with any prospective entrant to the
market that approaches us. We don not believe the local franchising process discourages
competition in any way.
For these reasons, the City of Diamond) Bar is opposed to AB 2987
Sincerely,
Carol Herrera
Mayor
CC: League of California Cities
Joe A. Gonsalves & Son
City Council
CM/ACM
CITY COUNCIL
Agenda # _ .
Meeting Date: 4/18/06
TO: Honorable Mayor and Mem�6
W11-14
)he City Council
FROM: Linda C. Lowry, City Manag
TITLE: Approval of Appropriation from General Fund Reserves in the Amount of $17,500
to Increase Planting Size of Twenty-four (24) Camphor Trees from 24" Box to 36"
Box and Authorization to Add $17,500 to the 2005106 FY Contract with West Coast
Arborists to Provide and Plant the Trees, Increasing Their Contract Amount to
$252,625
RECOMMENDATION: Approve Appropriation and Authorization
FINANCIAL IMPACT: This action requires the appropriation of $17,500 from General Fund
Reserves to the tree planting budget (001-5558-45509).
BACKGROUND: On February 21, 2006 the City Council approved the planting of 24" box
Camphor and Ginkgo Trees in the medians along Grand Avenue between the 60 Freeway and
Diamond Bar Blvd to replace the eucalyptus trees that had to be removed due to health and safety
reasons. Since that action was taken, staff has determined it will be more aesthetically appealing to
plant 36" box Camphor trees instead of the smaller 24" box. The Ginkgo trees, which will be planted
in the narrower ends of the medians, will remain as 24" box.
DISCUSSION: Phase one of the Grand Avenue Betterment project is from the 60 Freeway to
just north of Cahill. The contractor has begun trenching for irrigation lines. Trees will be planted by
West Coast Arborists after the contractor installs the irrigation lines, estimated for the week of May
15, weather permitting. A total of 42 trees will be planted in Phase one; 24 Camphor Trees and 18
Ginkgo Trees. Phase two plans are currently in plan check and will go out to bid soon. Staff will
include the 36" box Camphor trees and the 24" box Ginkgo trees in the Phase two plans.
Director of Community Services
CITY COUNCIL
Agenda # ,1
Meeting Date: A ril 18 2006
AGENDA REPORT
TO: Honorable Mayor and Members of e City Council
VIA: Linda
C. Lowry, City Manager
/r".
TITLE: Country Hills Towne Center — Request to odify Conditional Use Permit 2004-01 (1)
RECOMMENDATION:
It is recommended that the City Council open and continue the public hearing to May 2, 2006.
BACKGROUND: On December 6, 2005, the City Council adopted Resolution No. 2005-60 approving
Conditional Use Permit 2004-01 for the renovation of the shopping center and construction of a new
two-story building and a new three --story building. The Conditional Use Permit specifies the
sequencing of the construction to ensure a grocery store occupies a portion of the project and is
operating prior to the issuance of the: building permits for the two new buildings. The specific
condition of approval is shown below:
"The renovation of the existing buildings from the market (grocery store) tenant through the
retail building to the building with the new drive-through cafe shall be completed prior to
issuance of a building permit for the new two story building. The market
(grocery
shall occupy the building and be in operation prior to issuance of building permit
store) tenant
three story building." g permit for the new
DISCUSSION: The applicant requests the CUP be modified to remove the timing constraints for the
construction of the two-story office/restaurant building and the three-story building. He stated that
removing the timing constraints would allow him to relocate existing tenants into the two-story building
during renovation of the main in-line building and speed up the development process to allow
completion of the project in 2007.
Staff proposed changes are as follows:
"The building containing the grocery store, the inline retail and restaurant buildings and the
drive-through cafe buildings shall be in substantial construction prior to release of occupancy
of the new two-story building. Substantial construction shall mean tower elements are framed
and ready for applying surface materials such as stucco and stone veneer. The grocery store
shall occupy the building and be in operation and all site improvements completed prior to
release of occupancy for the three-story building. "
On March 28, 2006, the Planning Commission reviewed the proposed change to the condition and
recommended approval to the Council. However, the Planning Commission directed the applicant to
submit a safety and security plan for the demolition and construction work while businesses are in
operation. Staff requests continuance to allow additional time for the applicant to finalize the safety
and security plan.
Prepared By Reviewed y
Nancy Fong, AICP David Doyle, Assistant City Manager
Interim Community Development Director
Agenda #
Meeting Date: April 18, 2006
CITY COUNCIL '
Svc_. �r� AGENDA REPORT
TO: Honorable Mayor and Members o e City Council
VIA: Linda C. Lowry, City Manag vwV
TITLE: Adoption of Urgency Ordinance Regulating Medical Marijuana Dispensaries and Direct
the Planning Commission to amend the Zoning Code accordingly
RECOMMENDATION:
It is recommended that the City Council adopt Urgency Ordinance No. XX and direct the Planning
Commission to amend the Zoning Code accordingly.
FISCAL IMPACT:
There is no fiscal impact associated with the adoption of this Ordinance.
BACKGROUND/DISCUSSION:
In 1996, the California electorate approved Proposition 215, the Compassionate Use Act of 1996,
which allows a patient, with a doctor's recommendation, to use medical marijuana without fear of
prosecution or arrest. There are several lawsuits pending which challenge zoning ordinances
prohibiting dispensaries on the grounds that they are in violation of Proposition 215. The cities of
Whittier, Santa Cruz, San Francisco, Oakland, Citrus Heights, West Hollywood and Pomona have
adopted, or are in the process of adopting, ordinances to comply with Prop 215 while regulating the
number, location and operation of these establishments. The County of Los Angeles Board of
Supervisors is considering the adoption of a similar ordinance to regulate the operation of
dispensaries in the unincorporated County areas.
To complicate the issue, State law and Federal law are in conflict, as the sale and possession of
marijuana is illegal under Federal law. However, absent an enforcement direction from the State
Attorney General's office and without any judicial rulings overturning Prop 215, the City needs to
establish regulations to govern this type of land use. Staff believes it is necessary to adopt
regulations consistent with State law governing the operation of dispensaries in order to protect
residents and businesses from harmful secondary effects that have been identified in other
communities. As noted above, other cities have developed such requirements and it is reasonable
for the City to rely upon the experiences in those cities in fashioning regulations to protect the
community from the possibility of loitering, excessive noise, traffic and similar impacts.
The City Attorney has drafted an urgency ordinance to establish standards for regulating medical
marijuana dispensaries in the City. 'The purpose of the urgency ordinance is to assure that the
business operations are in Compliance with California Health & Safety Section 11362.5 (adopted as
Proposition 215). The Urgency Ordinance will limit the number of dispensaries in the City to one (1).
Additionally, it establishes standards for safety and security measures during the hours of operation,
places limitations on the hours of operation, prohibits any on-site consumption, and requires the
operators to submit to a criminal background check. If Prop. 215 is found to be invalid by the courts,
this Ordinance will be null and void.
The adoption of the Urgency Ordinance requires a 4/5ths vote of the Council for adoption. Upon
adoption, the Ordinance will take effect immediately. Staff recommends the Council adopt the
attached Urgency Ordinance.
It is further recommended that the City Council direct the Planning Commission to amend the Zoning
Code accordingly.
Prepared By
Nancy Fong, AICP
Interim Community Development Director
Attachment
1. Draft Urgency Ordinance No..XX
Reviewed By
David Doyle, Assistant City Manager
ORDINANCE NO. 0X(2006)
AN ORDINANCE OF THE CITY OF DIAMOND BAR GOVERNING THE
OPERATION OF MEDICAL MARIJUANA DISPENSARIES AND
DECLARING THE URGE=NCY THEREOF.
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. Purpose. Standards are required to assure that the operations of medical
marijuana dispensaries are in compliance with California Health & Safety Code Section 11362.5
(adopted as Proposition 215, the "Compassionate Use Act of 1996") or any State regulations adopted
in furtherance thereof, and to mitigate the adverse secondary effects from operations of dispensaries.
The City Council finds that the numerical limits on medical marijuana dispensaries provided by this
Ordinance are necessitated by the small size of the City and the proximity of these uses to residential
zones, schools, places of worship and parks; and further, that the limit is reasonable and not an
obstacle to the implementation of Proposition 215. This Ordinance is enacted as a health and safety
measure pursuant to the City's police powers as prescribed in Art. Xi, Sec. 7 of the California
Constitution. Nothing contained in this Ordinance shall excuse, facilitate or promote a violation of
federal law.
SECTION 2. Title 8 of the Diamond Bar Municipal Code is amended by adding thereto a new
Chapter 8.26 to read as follows:
Chapter 8.26. Medical Marijuana Dispensaries
8.26.010. Scope of Chapter.
The operating standards established in this Chapter apply to any site, facility, location, use,
cooperative or business currently operating in the City of Diamond Bar that distributes, dispenses,
stores, sells, exchanges, processes, delivers, gives away, or cultivates marijuana for medical
purposes to qualified patients, health care providers, patients' primary caregivers, or physicians,
pursuant to Health & Safety Code Section 11362.5 (adopted as Proposition 215, the "Compassionate
Use Act of 1996") or any State regulations adopted in furtherance thereof. Any dispensary in the City
of Diamond Bar shall operate in conformance with the operating standards set forth in Section
8.26.020 to assure that the operations of the dispensary is in compliance with California law and to
mitigate the adverse secondary effects from operations of dispensaries.
8.26.020. Operating Standards.
a. At all times the dispensary is open for business, a dispensary shall provide at least one
security guard who is licensed and possesses a valid Department of Consumer Affairs
"Security Guard Card". Security guards shall not possess firearms.
b. The security guard and dispensary personnel shall monitor the site and the immediate
vicinity of the site to assure that patrons immediately leave the site and not consume
medical marijuana until at home or in an equivalent private location.
c. Signage shall be limited to one wall sign not to exceed 10 square feet in area and not be
externally or internally illuminated or visible from a freeway.
d. No recommendations from a doctor for medical marijuana shall be issued on-site.
e. There shall be no on-site sales of alcohol or tobacco, and no on-site consumption of food,
alcohol, tobacco or marijuana by patrons.
f. Hours of operation shall be limited to: Monday - Saturday 10a.m. - 7p.m. and Sunday noon
- 7p.m.
g. A dispensary shall only dispense medical marijuana to qualified patients and their
caregivers as defined by California Health and Safety Code Section 11362.5 (Proposition
215). This shall include possession of an original valid doctor's recommendation, not more
than one year old, for medical marijuana use by the patient.
h. A dispensary shall notify patrons of the following both verbally and through posting of a sign
in a conspicuous location:
1. Use of medical marijuana shall be limited to the patient identified on the doctor's
recommendation. Secondary sale, barter or distribution of medical marijuana is a crime
and can lead to arrest.
2. That loitering on and around the dispensary site is prohibited by California Penal Code
section 647(e) and that patrons must immediately leave the site and not consume
medical marijuana until at home or in an equivalent private location.
3. Forgery of medical documents is a felony crime.
4. A warning that patrons may be subject to prosecution under federal marijuana laws.
5. That the use of medical marijuana may impair a person's ability to drive a motor vehicle
or operate machinery.
i. A dispensary shall not provide marijuana to any individual in an amount not consistent with
personal medical use.
j. A dispensary shall not store more than $200 in cash reserves overnight on the premises
and shall make at least one daily bank drop that includes all cash collected on that
business day.
k. Any patient under 18 years of age shall be accompanied by a parent or legal guardian.
I. A dispensary shall provide the name and phone number of an on-site community relations
staff person to the Sheriffs Department for notification if there are operational problems with
the establishment.
M. Each dispensary operator(s) shall complete a criminal background check.
n. Marijuana shall not be grown at dispensary sites, except that cuttings of the marijuana plant
may be kept or maintained on-site for distribution to qualified patients and primary
caregivers as follows:
1. The cuttings shall not be utilized by a dispensary as a source for the provision of
marijuana for consumption on-site, however, upon provision to a qualified patient or
primary caregiver, that person may use the cuttings to cultivate marijuana plants off-site
for their own use and they may also return marijuana from the resulting mature plant for
distribution by the dispensary.
2. For the purposes of this paragraph, the term "cutting" shall mean a rootless piece cut
from a marijuana plant, which is no more than six inches in length, and which can be
used to grow another plant in a different location.
o. A dispensary shall comply with applicable provisions of the California Health and Safety
Code section 11362.5 through section 11362.83, inclusive.
P. if food is distributed, the dispensary shall comply which all relevant State laws and City
ordinances pertaining to the preparation, distribution and sale of food.
8.26.030. Numerical Limit on Dispensaries.
No more than one (1) medical imarijuana dispensary shall be permitted to operate in the City
at any time.
SECTION 3. Applicability. Any dispensary established prior to the effective date of this
Ordinance shall be brought into full compliance with the provisions of Section 8.26.020 within sixty
(60) days of the effective date of this Ordinance.
SECTION 4. Severability. If any part or provision of this Ordinance or the application to any
person or circumstance is held invalid, the remainder of this Ordinance, including the application of
such part of provision to other persons or circumstances, shall not be affected and shall continue in
full force and effect. To this end, the provisions of this Ordinance are severable.
SECTION 5. Purpose and findings; Urgency. Medical marijuana dispensaries have been
established in cities throughout the State in increasing numbers. information received from other
communities report loitering around dispensaries, incidents of armed burglary within a dispensary,
parking and traffic violations, and increased complaints from neighbors about increased pedestrian
and vehicular traffic and noise. The City Council believes that it is necessary to enact regulations,
consistent with State law, governing the operation of medical marijuana dispensaries in order to
protect residents and businesses from harmful secondary effects of these establishments and to
assure compliance with Proposition 215 and its implementing statutes and regulations. Based on the
foregoing, the recent proliferation of medical marijuana dispensaries in the State and the secondary
effects of those dispensaries pose a current and immediate threat to the public health, safety and
welfare. This Ordinance is necessary to alleviate and address that threat. This ordinance is adopted
pursuant to California Government Code Section 36937 and shall take effect immediately upon
adoption by a four-fifths vote of the City Council.
SECTION 6. Conflicting Laws. in the absence of this Ordinance, establishment of a medical
marijuana dispensary would be prohibited under the zoning laws of the City. However, for the term of
this Ordinance, the provisions of this Ordinance shall govern over any conflicting provisions of any
other City code, ordinance, resolution or policy. The provisions of this Ordinance shall be void and of
no effect upon a final ruling of a court of competent jurisdiction declaring Proposition 215 to be invalid.
SECTION 7. Conflicting f=ederal Law. The provisions of this Ordinance shall not be construed
to protect dispensary owners, operators, and employees, or their patrons from prosecution pursuant
to any laws that may prohibit the cultivation, sale, use, or possession of controlled substances.
Moreover, cultivation, sale, possession„ distribution, and use of marijuana remain violations of federal
law as of the date of adoption of this Ordinance and this Ordinance is not intended to, nor does it,
protect any of the above described persons from arrest or prosecution under those federal laws.
Owners and operators assume any and all risk and any and all liability that may arise or result under
state and federal criminal laws from operation of a medical marijuana dispensary.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Diamond Bar at a
regular meeting the 1 ath day of April, 2006, by the following vote:
CAROL HERRERA ,MAYOR
f, Tommye A. Cribbins, City Clerk of the City of Diamond Bar, California do hereby certify that the
foregoing Ordinance was Passed, ,Approved and Adopted at a Regular meeting of the City Council
of the City of Diamond Bar held on the day of , 2006, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Tommye Cribbins, City Clerk
City of Diamond Bar
CITY COUNCIL
Agenda 4 8.2
Meeting Date: 4/18/06
AGENDA REPORT
TO: Honorable Mayor and Member of Pp City Council
FROM: Linda C. Lowry, City Manage 4
TITLE: Approval of Armed Forces Banner Program and Appropriation of $6,350 from
General Fund Reserves for First Year of Program
RECOMMENDATION: Approve program and appropriate funds.
FINANCIAL IMPACT: There are no funds budgeted for this program. Staff estimates it will cost
about $6,350 per year to operate, assuming a demand of 25 banners per year.
BACKGROUND: This subject was discussed at the April 4 City Council Study Session and will be
discussed again at the April 18 City Council Study Session to select a design. Staff has collected
three samples for the City Council to select from. Variations of banner word placement have also
been presented to the City Council. Staff is seeking Councii approval for the appropriation, design
and verbiage. Annual cost of this program is estimated to be $6,350.
DISCUSSION: The Armed Forces Banner program is a method for the City of Diamond Bar to
honor residents and the family members of residents who are serving this country in the military, The
purpose of this program is to honor the soldiers, not to make a political statement about war. The plan
is for the City to purchase and post banners along two major boulevards in Diamond Bar, with the
banner stating the name and branch of service of an individual soldier. The banner would be posted
while the soldier is on active duty. When the tour of duty is completed, the banner is then given to the
family or to the soldier.
Possible verbiage on banner includes: (each banner will include City of Diamond Bar, name of
soldier, and branch of military)
Diamond Bar honors John Smith
Diamond Bar Salutes John Smith
Thank You for Serving. Or Thanks for Serving
Diamond Bar Thanks You
Diamond Bar Hero
Banners will be posted near the intersection of Grand Ave and Diamond Bar Blvd, extending down
each of the four legs of the intersection. This will leave the corner banner locations available for City
special event announcements.
Banners and installation will be paid for by the City of Diamond Bar. Total estimated annual cost for
25 banners is: $6,346
Methods that will be used to solicit participants are:
a) News Releases to local newspapers.
b) Articles in monthly City newsletter.
c) Letters to participants of City's Veterans Day Recognition program.
d) Flyers posted in the community.
e) City's website.
f) Cable TV.
Banners are planned to be posted and removed at six month intervals. In other words, every six
months, new banners can be posted, and banners of soldiers who have completed their active duty
can be removed.
A ceremony is planned to be held at a Council meeting every six months to recognize the soldiers
and family members prior to the posting of the banners.
Prepared by: Lorry Meyer, Community Services Coordinator
Bob Rose, Director of Community Services
Director of Community Services
Attachments: Sample Banners {3)
Marines
C OVI NA THANKS You
. f
Agenda No. RDA 3.1
REDEVELOPMENT AGENCY OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE BOARD OF DIRECTORS
DECEMBER 6, 2005
mom,
1. CALL TO ORDER: Chairman Zirbes called the Redevelopment Agency
meeting to order at 9:46 p.m. in the SCAQMD/Government Center Auditorium,
21825 Copley Dr., D.B.
ROLL CALL: Agency Members Chang, Herrera, Tanaka, Tye and
Chair/Zirbes
Also Present Were: Linda Lowry, Executive Director; Mike Jenkins,
Agency Attorney; David Doyle, Deputy City Manager/Acting City Clerk; Bob
Rose, Community Services Director; David Liu, Public Works Director and Linda
Magnuson, Finance Director.
2. PUBLIC COMMENTS: None Offered.
3, CONSENT CALENDAR:
AM/Herrera moved, AM/Chang seconded to approve the Consent Calendar as
presented. Motion carried by the following Roll Call vote:
AYES:
AGENCY MEMBERS:
Chang, Herrera, Chair/Zirbes
NOES:
AGENCY MEMBERS:
None
ABSTAIN:
AGENCY MEMBERS:
Tanaka, Tye
ABSENT:
AGENCY MEMBERS:
None
3.1 APPROVED MINUTES — Annual Meeting of April 19, 2005.
4. REDEVELOPMENT AGENCY REORGANIZATION:
4.1 Selection of Chair
Chair/Zirbes nominated AM/Chang. AM/Herrera seconded the
nominations. With no other nominations offered, AM/Chang was
unanimously elected by consensus to serve as Chairman of the
Redevelopment Agency.
Chair/Chang assumed the gavel.
4.2 Selection of Vice Chair
AM/Herrera nominated AM/Tye. There were no other nominations offered.
Roll Call vote:
AYES:
Agency Members:
Herrera, Tanaka, Tye, Zirbes, C/Chang
NOES:
Agency Members:
None
ABSENT:
Agency Members:
None
4.3 Presentation to Outgoing Chair/Zirbes by Chair/Chang.
,y M
December 6, 2005 PAGE 2 REDEVELOPMENT AGENCY
4. AGENCY MEMBER CONSIDERATION: None
5. AGENCY MEMBER COMMENTS: AM/Zirbes stated that this year
the City might be able to find a project area, and take advantage of benefits other
cities have enjoyed. D.B. continues to suffer due to the lack of an active
Redevelopment project area.
Chair/Chang said he has never given up hope of having a project area.
ADJOURNMENT: With no further business to conduct, Chair/Chang adjourned
the Redevelopment Agency meeting to the Diamond Bar Public Financing Authority
Meeting at 9:51 p.m.
ATTEST:
WEN CHANG, Chairman
LINDA LOWRY, Agency Clerk
Agenda #
Meeting Date: April 18, 2006
DIAMOND BAR REDEVELOPMENT AGENCY REPORT
TO: Chairman and Members of the Board
VIA: Linda C. Lowry, Executive Directo
TITLE: Treasurer's Statement — April 1, 2005 through March 31, 2006
RECOMMENDATION:
Approve the April 1, 2005 through March 31, 2006, Treasurer's Statement for the Redevelopment
Agency.
FINANCIAL IMPACT:
No Fiscal Impact
BACKGROUND:
Per Agency policy, the Finance Department presents the Treasurer's Statement for the
Redevelopment Agency Board's review and approval.
PREPARED BY:
Linda G. Magnuson, Finance Director
REVIEWED BY:
Finance Director
Attachments:
Assist ity ager
Treasurer's Statement — April 1, 2005 through March 31, 2006
DIAMOND BAR REDEVELOPMENT AGENCY
TREASURER'S CASH STATEMENT
March 31, 2006
411104 TRANSFERS 03/31105
BALANCE RECEIPTS DISBURSEMENTS IN OUT BALANCE
REDEVELOPMENT AGENCY CIP FE $0.00 $0.00 $0.00
LOW & MOD INCOME HOUSING FD - -
REDEVELOPMENT DEBT SVC FD -
TOTALS ;10.00 0.00 $0.00$0.00 $0.00
SUMMARY OF CASH:
DEMAND DEPOSITS.
GENERAL ACCOUNT $0.00
TOTAL DEMAND DEPOSITS $0.00
TOTAL CASH
Linda C. Lowry, Treasurer
$0.00
Agenda No. PFA 3.1
DIAMOND BAR PUBLIC FINANCING AUTHORITY
REGULAR MEETING
DECEMBER 6, 2005 DRAFT
1. CALL TO ORDER: Chairperson Herrera called the meeting to
order at 9:51 p.m. in the South Coast Air Quality Management
District/Government Center Auditorium, 21825 Copley Dr., D.B.
ROLL CALL: Authority Members Tanaka, Tye, Zirbes,
VC/Chang and Chair/Herrera.
Staff present: Linda Lowry, Executive Director; Michael
Jenkins, Authority Attorney; David Doyle, Asst. City Manager/Acting Agency
Secretary; David Liu, Public Works Director; Bob Rose, Community Services
Director and Linda Magnuson, Finance Director.
2. PUBLIC COMMENTS: None Offered,
3
Ell
CONSENT CALENDAR:
AM/Zirbes moved, VC/Chang seconded, to approve the Consent Calendar as
presented. Motion carried by the following Roll Call vote:
AYES: AGENCY MEMBERS: Zirbes, VC/Chang, Chair/Herrera
NOES: AGENCY MEMBERS: None
ABSTAIN: AGENCY MEMBERS: Tanaka, Tye
ABSENT: AGENCY MEMBERS: None
3.1 APPROVED MINUTES —Annual Meeting of April 15, 2005,
3.2 APPROVED TREASURER'S STATEMENT — for April 1, 2004 through
October 31, 2005.
PUBLIC FINANCE AUTHORITY REORGANIZATION:
4.1 Selection of Chair
AM/Chang nominated AM/Tanaka. AM/Zirbes seconded the nomination.
There were no other nominations offered and Jack Tanaka was declared
Chairman of the Public Finance Authority.
Chair/Tanaka assumed the gavel.
4.2 Selection of Vice Chair
AMIZirbes nominated AM/Tye- There were no other nominations offered
and Steve Tye was declared Vice Chairman of the Public Finance
Authority,
4.3 Presentation to Outgoing Chair/Herrera by Chair/Tanaka.
December 6, 2005 PAGE 2 PUBLIC FINANCE AUTHORITY
4. AUTHORITY MEMBER CONSIDERATION: None
5. AUTHORITY MEMBER COMMENTS: None Offered.
ADJOURN PUBLIC FINANCING AUTHORITY MEETING: With no further
business to conduct, Chair/Tan-aka adjourned the Public Financing Authority meeting at
9:55 p.m. back to the Regular City Council meeting.
LINDA C. LOWRY, Agency Secretary
ATTEST:
Jack Tanaka, Chairperson
AUTHORITY
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manage?�
Agenda # P F A, _
Meeting Date: Apr. I S 2006
AGENDA REPORT
TITLE: Public Financing Authority Treasurer's Statement for November 1, 2005 through March 31,
2006
RECOMMENDATION:
Approve the November 1, 2005 through March 31, 2006, Treasurer's Statement.
FINANCIAL IMPACT.
None
BACKGROUND:
Although the Public Financing Authority's funds have been incorporated into the City's monthly
Treasurer's Statement, a separate Treasurer's Statement has been prepared for review and approval.
This statement shows the cash balances for the various funds, with a breakdown of investment
account balances and the effective yield earned from investments.
It should be noted that all the funds in the Construction Fund with the exception of the interest
S
earnings have been used for the construction of the Diamond Bar Center. The funds in the Leae
Prepay fund and the Lease Payment Fund are being used to pay the bond principal and inter
the payments become due. est as
PREPARED BY:
Linda G. Magnuson
Finance Director
REVIEVED BY:
"� far
Financ erector Assistant City anager
Attachments:
Treasurer's Statement —October, 2005 through: March 31, 2006
Diamond Bar Public Financing Authority
Treasurer's Cash Statement
03/31/06
BEGINNING
PFA - Construction Fund SAL.@ 11101/05 RECEIPTS
PFA - Cost of Issuance Fund $153,248.50 $1 422 91
PFA - Lease Prepay Fund 0'00 0.00
PFA -Lease Payment Fund 80,179.40 61,714.34
2,000.22 66,204.91
iD1SBURSEMENTS TRANSFER ENDING
BAL 03131106:.
$1.82 ($152,981.07) $1,688.52
a.00
107.95 40;000.00
179,352.67 112,98107
0.00
181,785.79
1,833.53
�v.uu $185,307.84
CASH WITH FISCAL AGENT: US TREASURY Money Market Account
US TREASURY Money Market Account $1,833.53
LOCAL AGEPJCY iN . T FD $181,78,-.79
vE5 T ML
1,688.52
$185,307.84
Note: The Diamond Bar Public Facility Authority is invested in the State Treasurer's Local Agency Investment Fund.
The LAIF Bond Proceeds investment account's withdrawals are limited to one draw down per month.
As a secondary investment option, the Authority maintains a US Treasury Sweep Account with the City's Fiscal Agent
Union Bank of California. Any excess funds are "swept" on a daily basis from the Authority's bank accounts and are
invested overnight in a pool of US Treasury Notes. Interest is credited to the Authority's bank accounts on a monthly
basis.
L.A.I. F - Effective Yield - March, 2006
Union Bank Money Mkt - Effective Yield - March, 2006 4.142%
4.370%
All investments are placed in accordance with the City of Diamond Bay's Investment Policy.
The above summary provides sufficient cash flow liquidity to meet the next six month's
estimated expenditures.
Linda C. Lowry, Treasurer
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO:
FROM:
ADDRESS:
ORGANIZATION:
AGENDA WSUBJECT:
CITY CLERK. �j
Mfi)QY VA E.
DAT .
V
r
1W 6t x`74 61 be � -PHONE: / 'y q 7
DI a m_.4 6,v- f �a
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I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
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