HomeMy WebLinkAbout8/2/2005City Counci
01 Agen
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Tuesday, August 2, 2005
6:00 p.m- — Closed Session — CC -
6:30 p•m• - Regular Meeting
The Government Center
South Coast Air Qualit
y Management District!
Main Auditorium
21865 Copley Drive
Diamond Bar, CA 91765
Mayor Wen Chang
Mayor ProTein Debby O'Connor
Council Member Carol Herrera
Council Member jack Tanaka
Council Member Bob Zirbes
City Manager Linda C. Lowry
City Attorney Michael Jenkins
City Clerk Linda CLowry
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in the Office of the City Clerk, and are available for public inspection. If e h
an agenda item, please contact the City Clerk at (909) 839_7010 during regular re on file
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-7 ✓ —umond Bar uses recycled -- figftl nz the Council Chambers.
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2
CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
August 2, 2005
Next Resolution No. 2005-48
Next Ordinance No. 10 (2005)
CLOSED SESSION: 6:00 p.m., Room CC -8
Public Comments on Closed Session Agenda
01. CONFERENCE WITH LEGAL COUNSEL —
POTENTIAL LITIGATION Receipt of Claims under Government Code
Section 54956.9 (b):
(1) Zurich American Insurance Company
(2) Rodriguez
(3) Ayad
(4) Finkbeiner
(5) Murray
(6) Saglime
(7) Lopez
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Presentation of Colors — Boy Scout Troop 788
INVOCATION: Chaplain Elvin Miranda Jr.,
L.A. County Fire Department
ROLL CALL: Council Members Herrera,
Mayor Pro Tem O'Connor, Mayor ChangZ�rbes,
APPROVAL OF AGENDA: Mayor
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
BUSINESS OF THE MONTH:
1.1 Presentation of City Tile to Delilah Knox Rios, owner of The Law Office of
Delilah Knox Rios, Business of the Month August, 2005.
CITY MANAGER REPORTS AND RECOMMENDATIONS:
AUGUST 2, 2005 PAGE 2
3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular
meeting agenda to provide an opportunity for members of the public to directly
address the Council on Consent Calendar items or matters of interest to the public
that are not already scheduled for consideration on this agenda. Although the City
Council values your comments, pursuant to the Brown Act, the Council generally
cannot take any action on items not listed on the posted agenda. Please complete a
Speaker's Card and giyn it to the Cit Clerk com loletion of this form is volunta
ry
There is afive-minute maximum time limit when address ill the Cit 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 CONCERTS IN THE PARK— August 3, 2005 — 6:30 — 8:00 p.m., Cold Duck
(70's -Top 40), Sycamore Canyon Park, 22930 Golden Spgs. Dr.
5.2 SPECIAL MEETING OF TRAFFIC AND TRANSPORTATION COMMISSION
- August 4, 2005 — 5:30 p.m., Hearing Board Room, AQMD/Government
Center, 21865 Copley Dr.
5.3 PLANNING COMMISSION MEETING — August 9, 2005 — 7:00 p.m.,
Auditorium, AQMD/Government Center, 21865 Copley Dr.
5.4 LAST CONCERT IN THE PARK — August 10, 2005 — 6:30 — 8:00 p.m., Hotel
California (A Salute to the Eagles), Sycamore Canyon Park, 22930 Golden
Spgs. Dr.
5.5 TRAFFIC AND TRANSPORTATION COMMISSION MEETING —August 11,
2005 — 7:00 p.m., Hearing Board Room, AQMD/Government Center, 21865
Copley Dr.
5.6 LAST DAY FOR CANDIDATE FILING — August 12, 2005 — 7:30 a.m. — 5:00
P.M., Last Day to file papers to run for City Council position.
6. CONSENT CALENDAR:
6.1 City Council Minutes:
6.1 .1 Regular Meeting of June 21, 2005 - Approve as submitted.
6.1.2 Study Session of July 5, 2005 — Approve as submitted.
6.1.3 Regular Meeting of July 5, 2005 — Approve as submitted.
6.1.4 Study Session of July 19, 2005 — Approve as submitted.
AUGUST 2, 2005 PAGE 3
6.1.5 Regular Meeting of July 19, 2005 -- Approve as submitted.
6.2 Ratification of Check Register — Ratify Check Registers dated July 12,
2005 through July 28, 2005 and Manual Check Register dated June 24, 2005
in the amount of $1,817,476.80.
6.3 Treasurer's Statement - month of June, 2005
Recommended Action: Review and approve.
Requested by: Finance Division
6.4 Rejection of Claims:
6.4.1 Filed by Antonio Rodriguez on July 8, 2005.
Recommended Action: Reject.
6.4.2 Filed by Zurich American Insurance Company on July 8, 2005.
Recommended Action: Reject.
6.4.3 Filed by Erik and Heather Finkbeiner on July 11, 2005.
Recommended Action: Reject.
6.4.4 Filed by Mr. and Mrs. Michael Murray on July 11, 2005.
Recommended Action: Reject.
6.4.5 Filed by Mr. and Mrs. Thomas Saglime on July 11, 2005.
Recommended Action: Reject.
6.4.6 Filed by Firman and Carmen Lopez on July 11, 2005.
Recommended Action: Reject.
6.4.7 Filed by Ahdy Ayad on July 11, 2005.
Recommended Action: Reject.
Requested by: City Clerk
AUGUST 2, 2005 PAGE 4
6.5 Authorize Additional $14,000 Payment to Martin and Chapman for
Election Services Related to the June 7, 2005 Election and Appropriate
Necessary Funds from General Fund Reserves (Continued_ from July 19,
2005).
Recommended Action: Approve and appropriate funds.
Requested by: City Clerk
6.6 Authorization to Purchase One 2006 Ford F-250 Truck and Two Ford F-
350 Trucks for the Community and Development Services Department
and Appropriate $2,338 from General Fund for Additional Costs for
Diesel Engines.
Recommended Action: Approve.
Requested by: Public Works Division
6.7 Acceptance of $10,000 Settlement to Resolve Outstanding Claim for
Damage to City Property.
Recommended Action: Accept.
Requested by: City Manager
6.8 Approval of Legislative Subcommittee Recommendations:
(a) S 1294 (McCain/Lautenberg) — "Community Broadband Act of
2005" — Prevents any State from Passing Legislation Prohibiting a
Public Agency from Providing Telecommunication/Broadband
Technologies to any Public or Private Entity.
Recommended Action: Support.
(b) SB 760 (Lowenthal) — Imposes a $30 fee on each 20ft. Container
Unit Processed in the Ports of LA or Long Beach, with 113 of the Fees
Collected Going to the AQMD for Air Quality Improvements, 113 Going
to Rail Improvements, and 113 Going to Port Security Improvements.
Recommended Action: Support.
AUGUST 2, 2005 PAGE 5
(c) AB 1222 (Jones) , SB 459 (Romero), AB 888 (De La Torre) - Series
of Bills Sponsored by the AQMD Designed to Improve Air Quality
Through Railroad Improvements. AB 1222 Institutes a Remote Sensing
Program to Monitor Air Pollution Caused by Locomotives, SB 459
Establishes a Mitigation Fee for Locomotives Based on Hours
Operations, and AB 888 Requires Rail Yard Equipment to be Retrofitted
to Reduce Emissions.
Recommended Action: Support.
(d) SB 719 (Romero/Margett) - SB 317 (Margett), Supported by
Council Earlier, has been Combined with SB 719 (Romero) to Create
this New Co -Authored Bill. The Bill Includes Stiffer Penalties for
Drivers that Engage Police in Vehicle Chases as Well as Trainings for
Officers to Safely Conduct these Chases, Among Other Related
Provisions.
Recommended Action: Support.
(e) SCA 15 (McClintock), ACA 22 (LaMalfa) - "Homeowner and
Property Protection Act." These Identical Bills Prohibit Local Agencies
From Using Eminent Domain When it Results in Later Use by a Private
Party, Restricting Options for Cities to Redevelop or Improve Blighted
Areas.
Recommended Action: Oppose.
Requested by: Legislative Subcommittee
6.9 Adopt Resolution No. 2005 -XX: Allowing the Wire Transfer of Funds
and Setting Limits for Wire Transfers.
Recommended Action: Adopt.
Requested by: Finance Division
7. PUBLIC HEARINGS: None
8. COUNCIL CONSIDERATION: None
9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT:
CITY OF DIAMOND BAR
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Dave Doyle, Assistant City Manage,`
DATE: August 2, 2005
SUBJECT: Revised Minutes for City Council Items
Please find attached revised minutes of the following meetings
• Regular Meeting of June 21, 2005 (Page 17) — Spelling of Alison Meyers
corrected.
• Study Session of July 5, 2005 (Page 3) — Clarified it was staff from PBS &
JW/Koo & Associates that made comments regarding Caltrans' role in the
Grand Avenue freeway overpass construction project.
• Study Session of July 19, 2005 — A new complete set of minutes has been
distributed. The correction was to the spelling of Rick Shipherd's name
from the Industry Hills Swim Club.
CC: City Manager
City Attorney
CITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION
JULY 19, 2005
STUDY SESSION: Mayor Chang called the Study Session to order at
5:00 p.m. in Room CC -8 of the South Coast Air Quality Management
District/Government Center, 21865 Copley Dr., Diamond Bar, CA.
Present: Council Members Herrera, Tanaka, Zirbes, Mayor Pro
Tem O'Connor and Mayor Chang.
Also Present: Linda Lowry, City Manager; Greg Kovacevich, Asst.
City Attorney; David Doyle, Assistant City Manager; James DeStefano, Assistant City
Manager; David Liu, Director of Public Works, Bob Rose, Community Services. Director;
Linda Magnuson, Finance Director; Ken DesForges, Information Systems Director;
Nancy Fong, Planning Manager; Marsha Roa, Communications Manager; Kim Crews,
Human Resources Manager; Fred Alamolhoda, Senior Engineer; and Tommye
Cribbins, Executive Asst.
► Swim Club Swimming Pool Presentation
► Presentation of Library Task Force recommendations regarding the
Diamond Bar Library; and discussion of the next step(s).
► Public Comments on Study Session Items
SWIM CLUB SWIMMING POOL PRESENTATION:
CM/Lowry stated that this matter is on tonight's agenda because MPT/O'Connor was
approached and asked to bring this matter forward to the Council and in accordance
with the City's policies and procedures she asked the Mayor to place the matter on the
agenda for discussion.
CSD/Rose reported that staff had been approached by members of the Industry Hills
Aquatics Club asking if the City would be interested in constructing an aquatics facility in
D.B. The Club has a relatively short timeline to determine where they will build a facility
and have found other cities to be open to the possibility. However, because so many of
the members live in D.B. the Club would rather pursue the possibility of such a facility
here.
CSD/Rose stated that the Swim Club wants to know if D.B. is willing to pursue the
matter, and staff is asking for direction from Council as to whether the City should
pursue an Aquatics Facility of any type at this time. As part of the closing of their facility,
City of Industry has offered a $1.2 million cash contribution and a $1.2 million secured
loan, the terms of which would be negotiated, to be used to pay for construction of the
facility. He learned that the terms of the loan are flexible in that the dollar amount could
be increased, the terms could be lengthened and the interest rate was negotiable. The
Swim Club has also been in touch with the cities of Chino Hills and La Mirada. The Club
suggested and reviewed Summitridge Park near the baseball field down to the lower
JULY 19, 2005 PAGE 2 CC STUDY SESSION
grass field including the lower parking lot as a possible D.B. location. The facility would
require about 185,000 sq. ft. of land that would include parking for 200 vehicles. The
portion of Summitridge Park previously described entails about 150,000 sq. ft.
Additional land could be acquired by grading the hillside next to houses on the north.
The cost to construct with minor grading excluding civil work and other details to
understand what degree of work would be needed is estimated to be $5 to 5.5 million
with the City's contribution being about $3.1 million. Coincidentally, the City has about
$3.2 million committed to a variety of other projects in the City that could be diverted to
pay for this project. Those projects include the Sycamore Canyon Park Phase Ill ADA
retrofit; building additional restrooms and storerooms at Pantera Park; improving the
athletic complex at Lorbeer Middle School, adding a restroom, concession and storage
building leaving a shortfall of over $1 million that would have to be taken from the Park
Development Fund that was earmarked for a future Sports Complex. CSD/Rose further
stated that the pool would require ongoing maintenance and operations money and that
the Aquatics Club provided him' with an estimated revenue and cost breakdown that
totaled to about $700,000. However, it would take about three years for the facility to
reach the $700,000 limit in revenues because it would be moving from an existing
location and program that they expect would take a certain amount of time to re-
establish. It would likely take two to three years for the phased -in project to be
completed so that it would generate the revenue to support the annual maintenance and
operation costs. In addition, there would be long-term capital expenses for replacing
boilers, chlorinators, filters, etc. According to the replacement program. the Club
provided,it is a five -seven year program to replace $2-3 million in equipment, money
that the City would have to save toward the replacement cost.
CSD/Rose stated that Aquaduks in Anaheim Hills is interested in expanding into D.B.
Aquaduks fully funds and maintains its facility, and Anaheim Hills donated the land and
receives a certain amount of use time for their annual programs at no cost. In recent
discussions with Aquaduks one of the issues that D.B. would have that the City of
Anaheim would not have, is that D.B. might want some kind of high school program that
would require a larger sized pool. The smaller sized pool would fit the Summitridge
location and would require only 100 parking spaces.
C/Herrera asked if the City decided to go with Aquaduks would it mean that the swim
club would have no priority requests on the facility?
CSD/Rose responded affirmatively. The Industry Hills Aquatic Club needs a 50 -meter
(Olympic size) pool. Aquaduks would fund a 25 -meter pool and if a high school program
were included they would want to talk with the City about contributing toward the
construction as well as some of the maintenance and operation costs.
C/Herrera asked if D.B. would have to dedicate the land to Aquaduks.
CSD/Rose said that the details of the agreement would be negotiable. Generally, a
facility that is involved in a public-private partnership is owned by the City and the
private sector partner usually operates the facility for a set period of time, such as 20-30
years.
JULY 19, 2005 PAGE 3 CC STUDY SESSION
MPT/O'Connor felt that since the City of Industry was willing to donate money to
construction of a facility it would be worth looking into.
C/Tanaka said that he was approached by Steve Nelson about this opportunity and
seeing that it was on the agenda waited until the discussion ensued.
C/Zirbes said that when he spoke with D.B.H.S. about a year ago, the money on the
table was about $2.5 million instead of $1.2 and $1.2 through a loan. He was concerned
that in order to build a pool the City would have to give up its current projects, and it
appeared the project would be upside down about $250,000 a year for the first two
years with no guarantee that it would make money in the third year. There are several
unknowns such as whether or not the two high schools have money to contribute, and
he was concerned about whether the City could afford such a project at this point in
history.
MPT/O'Connor said she wanted to be certain that if Council decided to further pursue
this matter that the two high schools, two school districts and all community
organizations be encouraged to offer financial assistance.
C/Herrera asked how many individuals were members of the Aquatics Club and what
were their time demands? And, if Club members put money into the project, would they
get first choice of time slots? _
Steve Nelson asked if this discussion could be continued to a later time so that Rick
Shipherdcould be present.
C/Tanaka asked if alternate sites such as the YMCA were considered.
CSD/Rose said that Richard Rick Shipherd wanted to locate the facility at Summitridge
Park and did not want to spend time researching other locations.
C/Zirbes said that upon reflection, the grading for the Diamond Bar Center at
Summitridge turned out to be a major job that increased the initial cost from about
$500,000 to several million dollars. He asked if staff knew what was under the baseball
field turf?
CSD/Rose said he believed that since that portion of the park had been developed
since the 1980's it was in good shape.
C/Herrera wondered whether during the grading process more shear keys might be
required to prevent landslides because additional mitigation could run in the millions of
dollars.
CSD/Rose said he could not state with any certainty because to date no geotechnical
work had been done.
JULY 19, 2005 PAGE 4 CC STUDY SESSION
ACM/DeStefano said there was no way to know what the subsurface conditions were at
this time and subsurface conditions were definitely part of the equation.
C/Tanaka said he was also concerned that there was essentially only one access for
what could be three major facilities.
CSD/Rose said that a road would have to be cut off of Summitridge Drive to provide
access to the facilities.
Mr. Nelson said he was curious where staff got the figures for equipment replacement.
The current facility in Industry is a 50 -meter facility and the boilers were just replaced for
$142,000. However, if the City did not have a capitalization fund for equipment
replacement it would be headed down a dangerous path. He apologized for the lateness
of his colleague, explained that this project was extremely important to the swim club
and offered to field questions.
Mr. Rick Shipherd arrived.
C/Herrera asked if the Swim Club had the expectation that they would have priority on
use of the pool.
Mr. Shipherd said the most important aspect of the project was assurance that the pool
would be self-sustaining. While there is a desire to serve the community, the pool would
have to make enough revenue to pay the bills. There is a great deal of flexibility in this
offer and the entire spectrum of the community could be served from the smallest
toddler to competitive athletes and senior citizens. It is important to have a balance
because the $900,000 operating budget would be met only through a diverse and
inclusive market. The pool must be in use from 6:00 a.m. to 9:00 p.m. In the course of
the agreement time slots for the Swim Club would be included. The high school swim
teams generally use the facility in the morning and mid-afternoon and pay nothing.
Mr. Shipherd responded to C/Tanaka that the goal is to make it work and all alternatives
would be pursued with respect to time slots. The current facility has 24 lanes of water.
The proposed break-even facility has 27 lanes of water that provide even more
flexibility. In addition, it has variable depths and control of an indoor year-round
program.
Mr. Rick ' Shipherd responded to C/Herrera that the pool would belong to the City of
Diamond Bar.
Mr. Nelson responded to CM/Lowry that he was very conservative in his projections. At
the high end the capital expenditures at the Palms was $168,000 and in those years the
pool showed a very large deficit. In fact, one year the Palms carried a $220,000 deficit.
M/Chang said that in consideration of time constraints the Council needed a bottom line
proposal for what kind of facility would be needed, how much it would cost to construct,
and how much development it would essentially bring to the City.
JULY 19, 2005 PAGE 5 CC STUDY SESSION
Mr. Rick Shipherd showed Council the proposed plans for a facility at the Summitridge
Park location. He said that the project director surveyed the site, checked the hookups,
etc. and without "topos" and a site plan he believes the proposed pool, would fit on the
site. The proposal is for a three -pool complex — one pool is a 50 meter pool that would
accommodate two high school teams on a simultaneous basis. Mr. Rick Shipherd said
that the Club teaches swimming lessons and the revenue to support the facility would
come from that effort. He said that this plan has been offered -to other cities. The cost at
the low end for Chino Hills was $2.8 million because Chino Hills has parking lots,
lockers, etc. already in place. The cost to build a facility in La Mirada at the high end
was estimated at $4.1 million and La Mirada indicated they wanted to go beyond the
proposed $4.1 million with an improved facility. The facility proposed for D.B. is
estimated to cost $4.1 million according to their cost estimate. The lot area is 70,000 sq.
ft. and the proposed building is 9200 sq. ft. with an additional 800 sq. ft. of storage and
team areas/traffic areas. The swim club's proposal is as follows: a $1.2 million cash
contribution from City of Industry; $120,000 for a startup fund with matching funds from
their partner (the City) for a total two-year startup fund of $240,000. At about 27 months
the facility should break even with $900,000 in revenue and $900,000 in costs. The
intent is to have everyone pay a fair -share so that the facility is a break-even functioning
facility. He guessed that there would be a $200,000 deficit in the startup period and that
is why the $240,000 was earmarked for the up -front startup fund.
Mr. Rick Shipherd said that even though he was talking with other cities about this
project his primary interest was to work with D.B. because the bulk of the membership is
from D.B. The club has served 165 D.B. families in the past three and one-half years
and the membership wants to be in D.B. and not La Mirada and not Chino Hills. That is
the reason he will continue to pursue the matter with D.B. and he promised to be on
time to the next meeting.
MPT/O'Connor asked Mr. Rick Shipherd to point out Grand Ave. and Summitridge Dr.
on the map. Mr. Rick Shipherd pointed out the location of the streets in relationship to
the proposed location of the facilities.
Mr. Rick Shipherd explained to M/Chang that the project director's background was
aquatics, pools and parks. He did the site plans and blueprints for the other two facilities
and used the same numbers for the D.B. site. There may be some difference in the D.B.
market. For example, the cost to match the facades of the community center building
would most likely be more expensive. Industry Hills Aquatics is a gold medal club and
the club received a $250,000 discount for the pools and he felt the price of the pools
was the best possible price. A four to five year take-out loan was being offered at no
interest by the City of Industry. Industry Hills Aquatics would be under contract with D.B.
to run the facility under an initial five-year contract for example. Industry Hills Aquatics
would prefer a longer-term contract with the City and/or management group to use the
facility for the lifetime of the pool, a guaranteed 20 years.
Mr. Rick Shipherd responded to M/Chang that the City would own the pool and would
be responsible for any deficit between revenue and operating costs. He also stated that
JULY 19, 2005 PAGE 6 CC STUDY SESSION
the City would be responsible for repaying the loan from the City of Industry. In
response to
another question, Mr. Rick Shipherd said the facility would require about 220 parking
slots to run a normal meet. In the case of larger meets it would be an overflow situation
and whether the upper D.B. Center parking lot could be used would be up to the City.
The Pacific Palms facility has 102 slots in the lot immediately adjacent to the pool with
another 130 slots across the street and there has never been a parking problem. The
membership is out of the current facility in eight months and he needs to respond to the
teams on July 27 with at least a good faith agreement. Should an insurmountable
geotechnical problem arise at Summitridge the project could not move forward.
However, at this time he needs to provide an artist rendering/conception to the families
to let them know negotiations are proceeding. The club has $650,000 in revenue that it
can bring to the table and every month that the program is not up and running the
number shrinks and the club starts from a bigger deficit position. He said that the club
wants to be in a new facility no later than 15 months from today.
PUBLIC COMMENT:
Marsha Hawkins asked for a specific number of D.B. families that participate in the
swim programs. Mr. Rick Shipherd reiterated that 165 families over the past three years
or about 82 per year participate. In addition, about one-third of the 1100 lesson
applicants are from D.B. Marsha Hawkins asked how many competing members are
from D.B. Mr. Rick Shipherd said that four kids from D.B. have been at major
universities on full scholarship that had competed in NCAA and scored in NCAA. One
member is a senior and has been a national swimmer for the past three years. The
demographic of the team has changed over the past two years and the percentage of
D.B. kids is much higher than it used to be.
Mr. Nelson said he is a 19 -year resident of D.B. and has been involved with the Masters
Program at the Aquatic Center for 23 years. His acids took lessons there and his son is
involved in the program. Most of all, this club is prestigious and he likened it to the
Huntington Library coming to the Council indicating that it would like to build a better
library. Industry Hills Aquatics in the world of swimming is a Huntington Library. This is
an outstanding club that has produced Olympic swimmers. This club knows how to run
the facility and has the reputation to attract membership. D.B. would provide a
wonderful demographic for swim programs and this kind of facility would be beautiful at
Summitridge Park.
Mike Shay concurred with Mr. Nelson that the idea and the concept is great. The one
problem is that this City Council is being asked to make a multi-million dollar decision in
eight days. He indicated to Council that this was strictly a business decision and there
are many things to determine before the City begins plowing up Summitridge Park to
build a pool. In his opinion, hasty business decisions ultimately prove to be bad
business decisions.
Mr. Rick Shipherd agreed that it was a business decision. Unfortunately, the club was
given the gift of $1.2 million on a short string with a short timeframe in which to act. He
JULY 19, 2005 PAGE 7 CC STUDY SESSION
would prefer that there was more time but felt that it was good business to consider the
short
and long term contributions. He believed that a lot of kids would flock to these
programs.
Mike Shay said the math is right but there is more to this project than the math because
there are too many unknowns when it comes to the land and adjacent neighborhoods.
Mr. Rick Shipherd reiterated that if something comes back to bite the project everyone
walks away.
Mr. Rick Shipherd responded to Nancy Lyons that the proposal to place a pool on the
Chino Hills High School campus included a provision that the high school had first
priority of the facility between 8:00 a.m. and 4:00 p.m. The club has second priority for
its revenue producing programs and the third priority is competitive events. It is up to
the school district to decide when they want to use the facility and it would not be for
free, they would be charged market rate. The club wants to incorporate a water polo
group because it is a huge revenue source.
Mike Spence, D.B.H.S. swim coach, talked about the increasing interest in swim
program at the high school and about how hard the team members worked to maintain
and improve their competitive status.
MPT/O'Connor pointed out that the Parks Master Plan survey that represented 500 "at
random" households revealed that a swimming pool was the number one requested
item.
C/Herrera pointed out that because of the unknown geological determinations the
grading requirements could be significant resulting in a substantial increase in the
anticipated cost of this project. She would love to have a complex like that proposed by
the swim club. D.B. has talked about this for many years. But she felt the City Council
needed more time to figure out how to come up with $3 plus million dollars. She was
also opposed to taking money from already approved projects. She felt it would be very
difficult to make a decision in the time set forth by the swim club.
C/Zirbes said that while it was a good proposal there was insufficient information to
allow the Council to make an informed decision tonight. Discussion on this matter
should have been brought to Council three, four or five months ago to allow time for
deliberation. The land issues are important considerations. There is no rendering of the
facility that would be placed in front of and in full view of the Diamond Bar Center and
Grand Ave. Are the school districts interested in participating in the construction and
operating of the facility? The loan guarantee needs to be addressed. Is there additional
money available from the City of Industry? Last year they talked about donating $2.5
million and now they're offering $1.2 million with additional money available through a
loan. He would prefer Industry donate the original $2.5 million or the entire $5.5 million.
JULY 19, 2005 PAGE 8 CC STUDY SESSION
He asked for more assurance on the revenue aspects and how it would compare to
other programs in the immediate area.
Mr. Rick Shipherd said he expected the Council to respond in this matter and said he
was hoping that after the Council reconvened it could discuss whether it wanted to keep
the matter on the table and would enthusiastically believe it could be done as proposed
and move forward with the project after everything checked out to the City's satisfaction.
C/Zirbes said he would favor a proposal that would guarantee that half of the cost would
be paid by the City of Industry ($2.5 million) with the $2.5 million interest free loan
balance being paid off by revenue from the operation of the facility over a period of 10-
15 years. Mr. Rick Shipherd said that he might be able to get more money from the City
of Industry but not to the degree expressed by ClZirbes.
C/Tanaka said he was excited about the proposal. Unfortunately, it comes at the 11 to
hour and he realizes that there are other projects that have been approved and are in
the works. There is also consideration of a new library facility and if there was a way to
do both or if one could come before the other it would be good for the City. He has the
excitement for the project and felt that a $1.2 million gift bore consideration.
MPT/O'Connor said the Council would have to consider the impact to the residents on
Summitridge because swim meets are not quiet and when a facility is used from 6:00
a.m. to 9:00 p.m. the neighbors might not be amenable to the noise.
M/Chang said that upon reflection he would like the Council to have time to consider the
proposal. The community has sought a pool for some time and the facility would provide
good activities that the Council would support. In addition, the swim club offers to bring
a prestigious team to D.B. and also bring in $1.4 million to the City. If the City built a
regular swimming pool it would not make such a significant and positive impact to the
City. If Mr. Rick Shipherd could give the City more time the Council should give it more
thought because of the possibility of the contributions toward building and supporting
the center.
Mr. Rick Shipherd said it would take about 15 days to prepare a cost analysis, site plan
and site maps.
MlChang asked if staff could provide a report on the feasibility of Summitridge Park and
the possibility of other sites.
MPT/O'Connor believed the matter should be discussed with the school districts to see
if they were willing to participate.
CM/Lowry stated that there was no way that staff could provide anything of value in 24 -
hours. In order to provide a responsible answer that would deal with a certain amount of
geotechnical issues, site feasibility and appropriateness, access issues and traffic
networking (an expensive proposition in and of itself), reach a comfort level with the
JULY 19, 2005 PAGE 9 CC STUDY SESSION
operating budget projections and burn -in period and capital operating needs, determine
accurate construction costs, and determine inflation costs, etc. staff would need a
considerable amount of time to do its homework. In short, staff would need several
months to provide an adequate report and recommendation to Council.
Mr. Rick Shipherd said the contractor told him he could match the Diamond Bar Center
facade for $300 per square foot or more. Mr. Rick Shipherd said that if Council indicated
to him on Monday that they were willing to move forward to, consider the proposal he
would advise the Council at that time if the club were willing to wait for D.B.'s decision.
ACM/Doyle told Mr. Rick Shipherd that he would need to spend $50,000-$75,000 to
come up with an estimate — soils analysis, traffic engineering, pro -forma, site map,
blueprints, geotechnical, etc.
ACM/DeStefano said the study would have to determine the impact upon the existing
services at Summitridge Park. In fact, from a municipal standpoint there were a number
of factors that would have to be taken into consideration before a decision could be
reached.
Council directed Staff to review the required steps that would need to be taken to
evaluate the proposal and make recommendations to the Council.
PRESENTATION OF LIBRARY TASK FORCE RECOMMENDATIONS REGARDING
THE DIAMOND BAR LIBRARY — DISCUSSION OF THE NEXT. STEPS.
ACM/Doyle presented Council with the Task Force conclusions and recommendations
reached during last night's meeting. The Task Force made a number of
recommendations for capital projects to improve the existing facility and related costs.
The County agreed to contribute $25,000 to facilitate the removal -of typing booths and
construct a new book display area. Supervisor Knabe indicated that there was a high
probability that he could provide $16,000 for new computers leaving the City with a
proposed expenditure of $13,914 to complete the recommendations. The Task Force is
proposing that the City Council dedicate the funds to buy furniture for a young adults
area and complete improvements to the exterior of the building including flowerpots,
concrete benches and tables.
C/Zirbes recommended that the Council place the matter of contributing $14,000 to
improve the current Diamond Bar Library on a future agenda. Council concurred.
ACM/Doyle further stated that the Task Force recommended that the City Council place
a measure on the ballot to fund the construction of a new library and a separate .
measure to fund ongoing operating expenses for the new library.
Questions for Council:
1) Does the Council want to place a measure on the ballot to fund construction of a
new library — yes or no?
JULY 19, 2005 PAGE 10 CC STUDY SESSION
2) If the answer is YES how much will the City be asking voters to contribute? The
current estimate to construct the facility today is $13,500,000. The Task Force
recommended that the City contribute at least $3 million toward construction of a
new facility. If the measure were placed on the ballot to fund $10 million it would
result in an $800,000 annual debt service payment or $45 per year per parcel.
3) If the City does not want to place the matter on the ballot but wants to construct
the facility does the City want to use cash reserves and what does that do to the
reserve funds?
4) Does the City want to place a measure on the ballot for ongoing operating and
additional operating expenses and should there be an annual
escalation/inflationary increase built into the assessment? At $400,000 per year
the annual per -parcel assessment would be $22.
5) And, how does the City want to finance the project.
ACM/Doyle reported that the City has a General Fund operating budget of $17 million.
In the current fiscal year revenues exceed expenditures by about $678,000. However,
the City currently dips into its reserves to fund its capital projects in order to keep up
with infrastructure mitigation. The General Fund reserves are estimated to be $18.6
million at the end of the current fiscal year. However, the current budget does not
account for $990,000 of VLF repayment due to the City within the next couple of
months. He cautioned the Council and community that any reduction in the General
Fund reserves would result in a loss of ongoing revenue that the City generates every
year in interest income and uses to fund ongoing operations. Today staff discussed
alternatives for financing this project that included funding the new library out of the
General Fund and paying back the General Fund by imposing a specific tax. However,
the tax could at any point in the future either by Council vote or by a vote of the people
be overturned leaving a General Fund deficit. A reasonable alternative might be to ask
the residents to pay for 50 percent of the construction and ongoing costs. The City
currently has $8.8 million dedicated for economic development and at this point there is
nothing on the horizon that would require the City to set aside that amount for economic
development reserves. Certainly if a golf course project were to move forward some of
that set aside would be used to contribute to the project. The Library Task Force was
unanimous in its recommendation that the City should place something on the ballot
and their specific recommendation was to place something on the November ballot.
Whether or not that would provide time to generate sufficient interest and support in the
project to pass a measure by a two-thirds vote is questionable. With the proper
paperwork the matter could be placed on next June's ballot.
CM/Lowry stated that the 50150 concept was for Council to pay 50 percent of the
construction cost with 50 percent on a reimbursement parcel tax that would sunset. In
addition the City would fund back 50 percent of the operating costs out of its annual
revenue. Under this scenario the parcel tax would ultimately be less than $30 a year on
a 30 -year bond and another $11 for ongoing expenses.
JULY 19, 2005 PAGE 11 CC STUDY SESSION
C/Zirbes felt that the community would get behind a 50150 concept. There was a
concern about whether November was too soon and the Task Force members and
residents present during last night's task force meeting were anxious to move the matter
forward to November but it seemed to him that it was a short period of time.
MPT/O'Connor pointed out that the City had already spent $200,000 toward the Library
and she felt the citizens had a right to vote on whether they wanted the Library and the
only way to find out whether the citizens would support the issue would be to put it on
the ballot. She was not in favor of raising taxes but felt it was a decision that the
residents should vote on. If the City waits to put something on the ballot next June it
would result in additional costs to the City. If the proposal were placed on the November
ballot there would be economy of scale.
C/Herrera suggested the item be placed on the August 2 agenda. She would favor
including the item on the November ballot and it would be up to the Friends of the
Library to promote the ballot measure.
ACM/Doyle reiterated that the City could provide information but could not actively
promote or support the measure. Individual Council Members may want to endorse the
measure and could also write the "in favor" arguments for the ballot measure.
Marsha Hawkins said that although it was a relatively short time between now and
November the community had been under the illusion, based on the pad and parking lot
as well as the information relayed to the residents and based on the $3 million that the
City committed, that the library would be built. Momentum has been building for some
time and in particular since the Diamond Bar Center was constructed. She felt that
everyone should be full on -board with the program and get it on the ballot.
Kathleen Newe felt that CM/Lowry's recommendation for a 50/50 participation and
parcel tax was the best suggestion offered to date and that the Friends should get
behind the proposal and move forward to get the measure on the November ballot.
A resident likened spending $30 per year to getting one coffee at Starbucks and
believed that the small amount would not necessarily be looked upon as a "tax." The
library is for everyone and has nothing to do with a special interest group and for that
reason it should move forward.
Nancy Lyons said that the library continues to be used by more and more people and
the summer programs turn people away due to lack of space.
Mike Shay complimented staff on their effort to reduce the per parcel tax to $30, a huge
improvement in favor of the residents.
C/Tanaka favored placing the item on the November ballot.
JULY 19, 2005 PAGE 12 CC STUDY SESSION
C/Zirbes said he was okay with moving the matter forward but was not comfortable with
some of the numbers apart from what was discussed last night and he was not
comfortable about the City footing half of the building costs.
M/Chang agreed that it should be placed on the next Study Session agenda for further
discussion.
ACM/Doyle said that staff would like to discuss the matter with bond experts before
putting together actual numbers. The deadline is August 12 for passing the resolutions
that include ballot language to place the matter on the November ballot:
C/Zirbes suggested the Council schedule a special meeting for August 8 in case the
matter is not resolved at the August 2 meeting.
MPT/O'Connor asked if this proposal should be made through the Public Financing
Authority?
CM/Lowry said it would depend on how the Council wanted to finance the library
C/Herrera suggested meeting on July 26 to further discuss the matter. Council and staff
concurred to hold a study session on July 26 at 5:00 p.m.
M/Chang suggested that the City fund the library and ask the community to help with
the construction costs and find another way to fund the ongoing operating costs. He
asked staff to carefully research the ongoing costs of $1.2 million because if the private
sector wanted to run the facility it would have to raise the money. He would rather not
ask the people to provide the ongoing operating costs. He thought the City may be able
to run the Library more effectively and keep operating expenses at $1.2m. If the
Building and Safety Department were brought in-house the City would realize at least
an additional $100,000. He felt certain that with the efforts toward economic
development, cooperation from the community and involvement of developers the City
could increase its revenue in future years. In short, ask the people to help with the
construction cost and find a way for the City or a private entity to cover the ongoing
costs. He wanted to keep it simple and smart so that the community would make the
decision to move forward.
C/Zirbes said he did not know how the operating costs could be lowered but if there was
a way the Council should be able to discuss it. If the Council decided to use the $8.5
million set aside for economic development the City would be using borrowed money.
However, under this scenario, what income would be lost to the City, how would it begin
to impact the budget and the programs already in place?
M/Chang said that because the City was getting so little interest on the money (about
3.2%) it might be advisable to spend the money rather than borrow at a higher rate of
interest. C/Zirbes said that all related factors should be taken into consideration by staff
when making their report to the Council.
JULY 19, 2005 PAGE 13 CC STUDY SESSION
ADJOURNMENT: With no further business to come before the City Council,
M/Chang adjourned the Study Session at 7:06 p.m.
Linda C. Lowry, City Clerk
The foregoing minutes are hereby approved this day of , 2005.
WEN CHANG, Mayor
JULY 5, 2005 PAGE 3 CC STUDY SESSION
PBS & J/W. Koo & Associates staff, the transportation consultants assigned to the
project, confirmed that the project scope would be driven by Caltrans requirements.
It was further explained that the Caltrans process was generally a three-step process
prior to construction: 1) Project Initiation Document (Project Study Report);
Environmental Clearance and 3) Final Design (PS&E). These three steps lead to final
Caltrans approval and construction.
It was stated that whether D.B. or Industry was the lead agency during construction
Caltrans would have jurisdiction over the project.
In response to C/Zirbes, PBS & J/W. Koo & Associates staff stated that Industry had a
goal to complete the project in two years.
PWD/Liu stated that the current SR57/60 HOV Project was scheduled for completion in
the summer 2006 and within six months Grand Ave. should be clear.
Mr. Ballas explained that Caltrans would incorporate some additional width in the
current project but did not agree with Industry that four lanes were needed for the
eastbound off -ramp.
C/Zirbes asked if any other areas of D.B. had been identified for impact based upon the
Industry project.
DPW/Liu responded that 23 D.B. intersections were identified.
Mr. Ballas stated that when D.B. was ready to make the intersection improvements
those intersections would be measured for traffic impacts from the Industry side and
that Industry would pay its fair share if D.B. chose to mitigate the intersections.
PWD/Liu informed Council that there would be a kickoff meeting this Thursday and
Council would continue to be advised on the progress of the project. PWD/Liu said that
the project information would be included in the weekly report to Council.
M/Chang said D.B. was very concerned about the off -ramp coming into Grand Ave.and
that the City would certainly not want to suffer gridlock at the point of the Target project.
C/Zirbes felt this' was another good reason to get the signalization program in-house to
help move the vehicles more effectively. C/Zirbes said he would be happy to have four
lanes each way through D.B. to the eastern border as long as two of the lanes were
underground.
JUNE 21, 2005 PAGE 17 CITY COUNCIL
development and content of the plan using a Power Point
presentation. The concept of the Youth Master Plan involves a cultural
shift. The plan is a basic document to help guide the community
through a collaborative with the school districts and other
organizations including the youth to share the vision and to integrate
strategies to enhance the lives of the youth. The plan speaks to
various models and many if not all models may be combined to help
establish the goals. Once the collaborative is established it will
determine a youth development model that is designed to connect the
youth programs and services throughout the community. The goal is
to share information and resources including applying for grants and
other types of funding thereby avoiding duplication of programs and
facilities.
Alison Meyers said that the next key strategy was to engage the
community and expand the capacity in resources, a strategy that
would allow the collaborative to engage the youth and provide insight
to them about what was available for them and for their families
throughout the City. The second strategy was to add to the current
shared facilities and resources; and the third strategy was to eliminate
barriers that include financial barriers, cultural differences, geographic
locations, transportation, service inventory and so forth. This plan was
designed to ensure that the youth are happy, healthy, productive and
involved and that the programs are built based on a youth
development model to provide outcome based programming with
everyone working together.
CSD/Rose explained that staff proposed to make a presentation to the
Walnut Valley Unified School District for consideration by July 20 and
to go before the Pomona Unified School District by July 26 to get the
collaborative together in order to beginning meeting in September and
to form a youth action team by January 2006. The Parks and
Recreation Commission and staff recommend City Council adoption of
the Youth Master Plan.
There was no one present who wished to speak on this item.
MPT/O'Connor moved, C/Zirbes seconded, to adopt Resolution No.
2005-37: Approving the Youth Master Plan. Motion carried by the
following Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, Tanaka, Zirbes,
MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
Agenda No. 6.1.1
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BA����
JUNE 21, 2005
STUDY SESSION: Mayor Chang called the City Council Study
Session to order at 5:05 p.m. in Room CC -8 of the SCAQMD/Government Center
Building, 21825 Copley Drive, Diamond Bar, CA 91765
IN. Community Facilities District Issues
► In -House Building and Safety Discussion
► 2005-06 Budget Recap
► Public Comments on Study Session Items
M/Chang adjourned the Study Session to the Regular Meeting at 6:50 p.m. to the
Regular City Council meeting.
CALL TO ORDER: Mayor Chang called the regular City Council
meeting to order at 7:00 p.m. in The Government Center/SCAQMD Auditorium,
21865 Copley Dr., Diamond Bar, CA.
PLEDGE OF ALLEGIANCE: Jack Tanaka led the Pledge of Allegiance.
INVOCATION: Darlene Jones, Outreach Pastor, Diamond
Canyon Christian Church gave the Invocation.
ROLL CALL: Council Members Herrera, Zirbes, Mayor Pro Tem
O'Connor and Mayor Chang.
Staff Present: Linda Lowry, City Manager; Michael Jenkins, City
Attorney; David Doyle, Assistant City Manager; James DeStefano, Assistant City
Manager; David Liu, Director of Public Works; Ken DesForges, IS Director; Linda
Magnuson, Finance Director; Nancy Fong, Planning Manager; Ryan McLean, Senior
Management Analyst; and Tommye Cribbins, Executive Asst.
APPROVAL OF AGENDA: CM/Lowry asked that the date of the contract
under Item 6.12 be changed from 2005 to 2006; Item 6.24, correct the November
Municipal Election date from November 1 to November 8, 2005; Item 6.25 included
three items that should be moved from Consent Calendar to Council Consideration
(Item 8.4).
JUNE 21, 2005 PAGE 2 CITY COUNCIL
POST ELECTION PROCEDURE:
ADOPT RESOLUTION NO. 2005-30: RECITING THE FACT OF THE SPECIAL
ELECTION HELD ON JUNE 7,005 AND DECLARING THE RESULT AND SUCH
OTHER MATTERS AS PROVIDED BY LAW.
CM/Lowry reported that the resolution sets forth the numbers that the City certif led
last week placing Mack Tanaka as the incoming Council Member to fill the position
vacated by former Council Member Bob Huff. It would be appropriate for Council to
adopt the resolution and proceed to the swearing in ceremony.
MPT/O'Connor moved, C/Zirbes seconded to adopt Resolution No. 2005-30. Motion
carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, Zirbes, MPT/O'Connor, MlChang
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ADMINISTRATION OF THE OATH OF OFFICE:
Honorable Sam Ohta, Judge of the Los Angeles County Superior Court
administered the Oath of Office to Council Member Jack Tanaka.
RECESS: MlChang recessed the City Council meeting at 7:15 p.m.
RECONVENE: MlChang reconvened the City Council meeting at 7:40 p.m.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: None
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered.
3. PUBLIC COMMENTS: Delilah Knox -Rios, D.B. Chamber of
Commerce, congratulated C/Tanaka and welcomed him to the Council. She
expressed appreciation to all of the Council Members for their assistance with
the business community in D.B and said that the Chamber looks forward to
working with all of the Council Members in the future.
Steve Tye congratulated Jack Tanaka on a successful campaign and his
personal conduct during the campaign. He addressed his negative view of
Mayor Chang's and Eileen Ansari's participation in the campaign
Marie Buckland congratulated C/Tanaka on his successful campaign and
supported Mayor Chang.
Joseph Piper, Vice President, D.B. Senior Club, expressed support of fair
play and his disregard for earlier comments.
JUNE 21, 2005 PAGE 3 CITY COUNCIL
4. RESPONSE TO PUBLIC COMMENTS: M/Chang said he supported
Mr. Tanaka in the election but Mr. Tye was a good candidate. He reiterated his
campaign contributions to Mr. Tanaka's campaign, past and current, and affirmed
his role representing the entire community.
5. SCHEDULE OF FUTURE EVENTS: CM/Lowry added Item 5.6 the July
4th Blast from 6:00 P.M. to 9:00 p.m. at Sycamore Canyon Park to the Schedule of
Future Events.
5.1 PARKS AND RECREATION COMMISSION — June '23, 2005 — 7:00
p.m., Hearing Board Room, AQMD/Government Center, 21865
Copley Dr.
5.2 PLANNING COMMISSION MEETING — June 28, 2005 — 7:00 p.m.,
Auditorium, AQMD/Government Center, 21865 Copley Dr.
5.3 CONCERTS IN THE PARK Soundbytes (60's -90's)— June 29, 2005 —
6:30 — 8:00 p.m., Sycamore Canyon Park, 22930 Golden Spgs. Dr.
5.4 CITY COUNCIL MEETING — July 5, 2005 — 6:30 p.m., Auditorium,
AQMD/Government Center, 21865 Copley Dr.
5.5 INDUSTRY BUSINESS CENTER TOWN HALL MEETING — July 7,
2005 — 6:30 PM — Neil Armstrong Elementary School, 22750
Beaverhead Dr.
6. CONSENT CALENDAR: C/Tanaka moved, C/Zirbes seconded to approve
the Consent Calendar as presented. Motion carried by the following Roll Call
vote:
AYES: COUNCIL MEMBERS: Herrera, Tanaka, Zirbes,
MPT/O'Connor, MlChang
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6.1 CITY COUNCIL MINUTES
6.1.1 Study Session of June 7, 2005 — As Submitted.
6.1.2 Regular Meeting of June 7, 2005 — As Submitted.
6.2 RATIFIED CHECK REGISTER DATED JUNE 16, 2005 in the amount
of $502,400.37.
6.3 REJECTED CLAIM FOR DAMAGES:
6.3.1 Filed by Thomas S. Craver on April 8, 2005
6.3.2 Filed by Gabrielle L. Sorer on April 26, 2005
JUNE 21, 2005 PAGE 4 CITY COUNCIL
6.4 TRANSMITTED AUDIT REPORT OF AIR QUALITY IMPROVEMENT
FUND (AB2766) FOR FY 2002103.
6.5 APPROVED AMENDMENT NO. 3 TO CONTRACT WITH VALLEY
CREST LANDSCAPE MAINTENANCE AT FIVE LOCATIONS FOR
FY 2005106 IN THE AMOUNT OF $217,680 WHICH INCLUDED A
3.2% C.P.I INCREASE PLUS A CONTINGENCY AMOUNT OF
$50,000 FOR AS -NEEDED WORK.
6.6 APPROVED EXTENSION OF CITYWIDE GRAFFITI REMOVAL
CONTRACT WITH GRAFFITI CONTROL SYSTEMS FOR FY
2005106 IN THE AMOUNT OF $45,000.
6.7 APPROVED EXTENSION OF PROFESSIONAL SERVICES
AGREEMENT WITH LDM FOR HOME IMPROVEMENT PROGRAM
ADMINISTRATIVE SUPPORT SERVICES IN THE AMOUNT OF
$23,800.
6.8 APPROVED EXTENSION OF CONTRACT WITH DIVERSIFIED
PARATRANSIT, INC. FOR FY 2005-06 DIAMOND RIDE (DIAL -A -
CAB) SERVICE WITH A $.20 RATE INCREASE FOR THE FLAG
DROP AND A $.20 RATE INCREASE FOR THE PER MILE METER
RATE.
6.9 APPROVED EXTENSION OF VENDOR SERVICES CONTRACT
WITH D.H. MAINTENANCE SERVICES TO PROVIDE JANITORIAL
AND BUILDING MAINTENANCE SERVICES ATTHE DIAMOND BAR
CENTER, HERITAGE PARK COMMUNITY CENTER AND PANTERA
PARK ACTIVITY ROOM IN THE AMOUNT NOT TO EXCEED
$175,194 FOR FY 2005-06.
6.10 APPROVED PLANS AND SPECIFICATIONS AND AWARDED A
CONTRACT FOR THE AREA 1 SLURRY SEAL PROJECT TO DOUG
MARTIN CONTRACTING CO., INC. IN THE AMOUNT OF $524,529;
AND AUTHORIZED A CONTINGENCY AMOUNT OF $23,000 FOR
PROJECT CHANGE ORDERS TO BE APPROVED BY THE CITY
MANAGER, FOR A TOTAL AUTHORIZATION AMOUNT OF
$547,529.
6.11 ADOPTED RESOLUTION NO. 2005-31: AUTHORIZING,
APPROPRIATING AND APPROVING THE SALE OF $500,000 OF
PROP A FUNDS (LOCAL RETURN TRANSIT FUNDS) TO THE CITY
OF COMMERCE IN EXCHANGE FOR GENERAL FUNDS.
6.12 AWARDED CONTRACT TO INLAND ROUNDBALL OFFICIALS TO
OFFICIATE THE DIAMOND BAR BASKETBALL PROGRAM FROM
JULY 1, 2005 THROUGH JUNE 30, 2006 FOR AN AMOUNT NOTTO
EXCEED $30,000.
JUNE 21, 2005
PAGE 5 CITY COUNCIL
6.13
6.14
6.15
6.16
AWARDED CONSTRUCTION COONRTRACT TO ENVIRONMENTAL
N I OON EN AL
CONSTRUCTION, INC.
OF
IMPROVEMENTS AT VARIOUS MEDIANS AND PANTERA PARK
PICNIC SHELTERS IN THE AMOUNT $55,082.80$688,552.2FORPLUS
TOTAL
CONTINGENCY AMOUNT O
AUTHORIZATION OF $743,635; PLUS APPROVED
APPROPRIATION OF $28,OOF OF AD#40P 12 FUNDS, 1 FUNDS AND $5,000 OF
7,600 OF
LLAD #38 FUNDS, $33,160 O
GENERAL FUND TREE PLANTING FUNDS TO COMPLETE
FUNDING OF THIS PROJECT.
AUTHORIZED D&J MUNICIPAL SERVICES TO PERFORM
INSPECTION AND PLAN CHECK SERVICES FOR
PROJECVARIOUS
IN
MEDIANS AND PANTERA PAR PICNIC SHELTERS
THE NOT -TO -EXCEED AMOUNT OF $15,125.
APPROVED TRUGREEN LANDCARE TO COMPLETE AN
ADDITIONAL $15,000 OF AS -NEEDED WORK IN 2004-05 FY AND
$40,000 OF AS -NEEDED WORK
OIN 2005-06 FY AS WORK NECESSARY FORITHE
ZED
BY CITY STAFF TO COMPETE
CITYWIDE LANDSCAPE MAINTENANCE CONTRACT.
AWARDED CONTRACT IN THE AMOUNT OF $437,622.55 PLUS
4.8% CONTINGENCY AMOUNT OF $21,006 FOR TOTAL
AUTHORIZATION OF $458CON55 TOTION S LEGACY
CONSTRUCTION, INC. FOR
OF
IMPROVEMENTS AT SYCAMORE CANYON PARK TRAIL AND
TRAILHEAD, PLUS APPROV ED
POP A SOAF SPARKS ACF $50,000 T" 40 FUNDS AND $120,
FUNDS TO FULLY FUND THE PROJECT.
6.17 SECOND READING OF ORDICANCE 07(2005): ABYEREFERENCE
TITLE
15 OF THE DIAMOND BAR ODE ADOPTING
THE CALIFORNIA ELECTRICAL IHCODE CERTAIN4 EDITION AMENDMENTS,
APPENDICES TOGETHER
ADDITIONS, DELETIONS AND EXEMPTIONS INCLUDING FEES
AND PENALTIES.
6.18 APPROVED AMENDMENT NO.
TENCONTRACT
ANCE SSER CIES
EXCEL LANDSCAPE FOR LADSCAP MA N
AT NINE LOCATIONS IN LLAD #38 CONTOR FY 2005/06 IN THE
INGENCY AMOUNT O
AMOUNT OF $29,371.08, PLUS A
$5,000 FOR AS -NEEDED WORK.
6.19 AUTHORIZED D&J NIUNICL SERVICES OPERFORM
INSPECTION AND PLAN CHECK SERVICES FOR THESYCAMORE
CANYON PARK TRAIL AND HEAD PROJECT IN THE NOT -
TO -EXCEED AMOUNT OF $12,350.
JUNE 21, 2005
PAGE 6 CITY COUNCIL
6.20 APROVED AMENDMENT NO. TO TECT SOERVICES TTITH O EXTEND
SCH
AND ASSOCIATES FOR AR
THE TERM OF AGREEMENT TO DECEMBER 31, 2006.
6.21 AWARDED CONTRACT FOR IL FUMITO TO & STEINLE,
TREET NAME SIGNS
PROJECT IN THE AMOUNT O $199,655
INC., AND AUTHORIZED A CONTINGENCY AMOUNT OF $20,000
FOR CONTRACT CHANGE ORDERS
CITY MANAGER, FOR A TO AUTHORIZATION AMOUNT OF
$219,655.
6.22 AUTHORIZED TRANSFER OF FUNDSFROM T THE VEHICLE
FY 2004-05
PUBLIC WORKS OPERATING BUDET TO
EQUIPMENT REPLACEMENTUNDT FIOSCAL YEAR.RASE OF A
PUBLIC WORKS TRUCK IN THE
6.23 APPROVED CONTRACT WITH OPUCOM ($56,645.82).FOMICROSOFT
ENTERPRISE LICENSE AGREEMENT
6.24 (a) ADOPTED RESOLUTION NO. 2005-32: CALLING AND
GIVING NOTICE OF A GENERAL 2005�FORTHE ELPAL ON TO BE
ECTION OF
HELD ON TUESDAY, NOVEMBER 8
CERTAIN OFFICERS (3 CITY COUNCIL OFTHE STATE OF CALIFORNIA
UIRED BY
THE PROVISIONS OF THE LA
RELATING TO GENERAL LAW CITIES.
(b) ADOPTED RESOLUTION NO. 2005-33: REQUESTING THE
BOARD OF SUPERVISORS OF THE COUNTY OF LOS ANGELES
TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE
HELD ON NOVEMBER 8, 2005SECTION ON EO 0130NS
0E
TO BE HELD ON THE DATE PURSUANT TO
THE ELECTIONS CODE.
(c) ADOPTED RESOLUTION NO. 2005-34: ADOPTING
REGULATIONS FOR CANDE ASTATEMENTS SUBMITTED ES FOR ELECTIVE ITO
CE
PERTAINING TO CANDIDA
THE VOTERS AT AN ELECTION TO BE HELD ON TUESDAY,
NOVEMBER 8, 2005.
6.25 MOVED TO COUNCIL CONSIDERATION ITEM 8.4.
6.26. (a) ADOPTED RESOLUTION NO. 2005-35: ESTABLISHING
SALARY RANGES FOR ALL CLASSES OF EMPLOYMENT
EFFECTIVE THE PAY PERIOD NO. 2005-19 �N ITS ENTIRETY.ENCING JULY 1, 005;
RRESCINDING RESOLUTION
JUNE 21, 2005 PAGE 7
CITY COUNCIL
(p) ADOPTED RESOLUTION
OATIONS6AND RSETTING
ESC ORTH NG
PERSONNEL RULES AND REGU
RESOLUTION NO. 2004-29 IN ITS ENTIRETY.
7. PUBLIC HEARINGS:
7.1 ADOPT RESOLUTION NO. 2005-37: ESTABLISHING A FEE FOR
BUSINESS REGISTRATION AND BUSINESS REGISTRATION
RENEWAL AND AMENDING REGISTRATIONTHE EXISTING FEE SCHEDULE FEES AND REDUCE THo
INCLUDE BUSINESS
ZONE LEARANCE FEE FOR A USA BUSINESSCONCURRENTLY
CLEARANCE,
REGISTERING AND OBTAINING
(CONTINUED FROM MAY 3, 2005): ACMIDeStefano reported that
on May 3 the City Council adopted an ordinance establishing a
Business Registration Program that takes effect on July 1, 2005. Also
on May 3 the Council discussed whether or not a registration fee
should be added. Before Council tonight is a recommendation from
staff establishing a Registration Fee of $10 (initial fee) and a $10
annual renewal fee for all business conducted in the City of D.B. Since
May 3 staff learned that home based businesses that are required to
receive a separate zoning clearance permit from the City might be
double -feed through this process. Therefore, within the resolution,
staff is recommending that the current aced to $20 to make p fo30 one-time only home r the
sed
business zoning clearance fee
$10 business registration fee.
MlChang opened the Public Hearing.
Steve Tye was opposed to charging a registration fee and wanted to
know what the individual business owner would get in exchange for
paying a fee.
With no further testimony being offered, MlChang closed the Public
Hearing.
MPT/O'Connor explained that this was not a tax it was a fee. The City
had public safety problems with some of the businesses in D.B. and
she felt it was certainly worth 0make
every business wash aihoods
of
were safe. She felt a charge $10 for
r.
C/Zirbes agreed with MPT/O'Connor that the City wanted to make
certain that the businesses were operating within the code. The reality
was that whether businesses were charged zero dollars, $10 or $100
dollars those that operate in an unsafe manner would not exist in the
system. Most businesses would register and he would prefer to have
no fee for home-based businesses. However, he would like to impose
a very stiff penalty for those who do not voluntarily register because
the City is trying to generate the types of businesses that are in the
JUNE 21, 2005 PAGE 8 CITY COUNCIL.
community that the City can market. He felt it was right to have a
business registration program in order to prevent the storage of
chemicals, avoid auto repair shops and body shops and paint booths
in residential neighborhoods. He felt it was wrong to charge home-
based businesses and he would want to make certain that the
resolution contained a tough penalty for those who failed to register.
C/Tanaka said his main concern was for public safety..He felt that a
nominal fee of $10 would not make tor break a business but oa
allow the residents to feel safer and more confident that therewas n
a car repair or paint shop operation in their neighborhood. For that
reason he favored the resolution.
C/Herrera said that when the Council discussed this matter it was
important to the Council that businesses be registered. The Council
also talked about sales tax leakage of which the City was unaware
making it even more important to register businesses. She agreed
with C/Zirbes that there should be penalties for those who continue to
evade their responsibilities.
CM/Lowry said that if discovered, those individuals who failed to
register would be guilty of an infraction and susceptible to a $100
citation.
M/Chang felt that all of the City Council members agreed there should
be business registration for safety purposes. With respect to the
nominal charge, people have a tendency to forget. So, from day one
the City needs to register the business and charge for registration. A
fee should be charged to cover a portion of the administration cost
and $10 is a reasonable fee. Council Members all agreed and asked
staff to move forward to prepare a resolution and now some Council
Members want to change the premise again. He said he did not
believe a $10 fee would prevent individuals from coming to D.B. with
their businesses. He said the Council should stay with its original
decision and Council Members should not change their minds back
and forth again.
MPT/O'Connor moved, C/Tanaka seconded to adopt Resolution No.
2005-37. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: MPT/O'Connor,
NOES: COUNCIL MEMBERS: Zirbes
ABSENT: COUNCIL MEMBERS: None
JUNE 21, 2005 PAGE 9
CITY COUNCIL
7.2 ADOPT RESOLUTION NO. 2005-38: APPROVING TTM 062482,
DEVELOPMENT REVIEW NO. 2005-05 AND TREE PERMIT 2005-03
FOR THE CONSTRUCTN THEISOPECOIFICPLAN SUBF 180 CONDOMINIUMS
0N 14.3
AND 3ZONES;
ACRES OF LAND IN
TO REMOVE UP TO 20 OAK TREES; AND TO RETAIN 25.5 ACRES
OF VACANT LAND INT SPECIFIC
PROJEC SI E
SPACE. THE IS LOCATED ON THE WEST SIDE OF
GRAND AVENUE SOUTH OF GOLDEN SPRINGS DRIVE — APN:
8293-045-04 AND 05. THE PROPOSED DEVELOPMENT
INCLUDING THE REMOVAL OF TREES IS CONSISTENT WITH
AND IS AN IMPLEMENTATION
C TYOF THE COUNCIL OONNDBAR NE 29, 2004FiC
PLAN APPROVED BY THE
PM/Fong gave a presentation
Amendstating
ment�Zoneat last
Changethe
theD Diamond
Council
approved a General P
Bar Village Specific Plan and Development Agreement. The approval
included a development concept that consisted of 135,000 sq. ft. of
commercial use, a Master Plan for the Calvary Chapel expansion,
200 residential units and the retention of 25 acres of Open Space.
Two weeks ago the Planning Commission approved the Target
project, the commercial component of the Specific Plan. Brookfield
Homes is the residential component of the Specific Plan and proposes
180, 20 less than the original approved concept comprised of 110
Townhouses and 70 Single Family Residences. PM/Fong reported
that during the May SePs aboutlthe stabilityission rofghe slope
several
Montefino residents raidonce
and about the removal of trees and staff responded to those concerns.
In addition, she and Brookfield representatives met with residents to
satisfactorily answer their questions. She said that the Planning
Commission recommended City Council approval and that
MPT/O'Connor pointed out to her that on Page 11 of the Resolution
the tree replacement ratio should read 3:1 rather than 1:3.
In response to MPT/O'Connor PM/Fong used
the map to show the
proposed location of the 110 Townhomes and the 70 single-family
residences.
PM/Fong confirmed to C/Zirbes that each unit has a two -car garage.
He asked for the total number of visitor parking spaces and PM/Fong
said the project met the City's standard of 120 guest spaces. PM/Fong
also confirmed that the project would have a gated entry with one
entry and one exit. This is a long private drive that could stack about
10 cars along both sides of the drive.
M/Chang opened the Public Hearing.
JUNE 21, 2005 PAGE 10 CITY COUNCIL
John . Rowe, 1229 Porte Grande, Board Member of Montefino
Townhomes, said he attended the Planning Commission hearing and
asked several questions about the slopes, trees and construction. He
thanked Brookfield Homes, John O'Brien, Paul McDonald and
PM/Fong for meeting with the homeowners on June 9 to answer their
concerns. In addition the same group attended a homeowner
association meeting and were able to respond to questions posed. He
appreciated the number of trees scheduled for removal was less than
originally planned and was pleased to learn that they were being
removed from the base of the slope and not the top of the slope.
John O'Brien, Brookfield Homes, thanked ACM/DeStefano and
PM/Fong for their cooperation in moving forward with the Diamond
Bar Village residential community and implementation of the
previously approved Specific Plan. He thanked the members of the
Montefino Association for their concerns and said that Brookfield
wanted to be good neighbors and that they were excited to be in the
City of D.B. and look forward to offering homeownership opportunities.
C/Zirbes said the products were impressive looking and asked when
Brookfield intended to commence construction if the project was
approved. Mr. O'Brien responded that Brookfield had submitted rough
grading and storm drain plans to plan check and were hoping to start
construction in August. The target phase release is in the first quarter
of 2006 with move -ins occurring April/May 2006 for the single family
detached and June/July for the Townhomes. The land development
will occur in one large phase with a phased implementation of the
single family detached from 10-15 homes per phase and the
Townhomes will occur every month during the delivery period.
MPT/O'Connor asked if Brookfield had built the Plan 2AA-4 model and
was the layout acceptable because she found the powder room
somewhat inaccessible.
Mr. O'Brien indicated that Brookfield had not previously built that
specific floor plan. However, there had been similar floor plans built in
other communities. Part of what drives the floor pian is circulation.
One goal in placing the entry toward the middle of the home was to
provide options upon entry without having to expend valuable flooring
space on circulation patterns. There is also treatment 'to the
architecture that lends itself to having a home entry directly into the
center of the home that is a nice treatment Brookfield believes will be
successful.
MPT/O'Connor asked if Brookfield had previously built the other floor
plans.
JUNE 21, 2005 PAGE 11 CITY COUNCIL
Mr. O'Brien explained that all of the other floor plans were previously
built by Brookfield and that the Townhome product was a modified
reuse of a community that was currently under construction in the City
of Long Beach. The D.B. Townhome was larger in square footage and
still very similar to Long Beach in terms of the layout.
Mr. O'Brien responded to C/Herrera that construction of the single-
family homes would most likely commence first due to the permitting
and processing routine. Townhome construction is more complicated
and technical in nature causing a 30 to 45 day lag between the start of
the two product types. However, from that point forward the two
products should flow consistently. There are 10 Townhomes per
building that range from about 1200 to over 2000 square feet.
M/Chang congratulated Mr. O'Brien and staff for receiving a
commendation from the Montefino Association for being a good
neighbor.
Mr. O'Brien thanked Lewis Homes for bringing D.B. to this level and
said that Brookfield Homes looks forward to being a good neighbor to
Target as well.
M/Chang closed the Public Hearing.
C/Zirbes moved, C/Tanaka seconded to adopt Resolution No. 2005-
38. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, Tanaka, Zirbes
MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
MPT/O'Connor welcomed Brookfield Homes.
8. COUNCIL CONSIDERATION:
8.1 CONSIDER FIRST READING OF ORDINANCE NO. 08(2005):
AMENDING RULES FOR PUBLICLY OWNED OR PUBLICLY
OPERATED SKATEBOARD FACILITIES.
CSD/Rose reported that the Parks and Recreation Commission
received a request to allow non -motorized scooters at the skateboard
facility at Peterson Park. The current skate park rules disallow the use
of scooters. The Commission extensively reviewed this' request and
on April 28 voted to recommend to the City Council that the skate park
rules be revised to allow non -motorized scooters to use the park.
CSD/Rose indicated that staff had determined that scooters cause no
more damage to concrete than skateboards and in checking with the
JUNE 21, 2005 PAGE 12 CITY COUNCIL
JPIA and other cities that operate skate parks, staff found that no
claims had been filed as a result of the use of scooters in those skate
parks. However, there would be some additional liability to the City by
allowing the scooters in the skate park, but due to lack of available
data, there is no way to determine the extent of additional liability that
the City might incur. CSD/Rose further reported that upon contacting
the Consumer Product Safety Commission staff found that nationwide,
injuries suffered by individuals riding scooters was equivalent to
injuries suffered by individuals riding skateboards. An additional
statistic revealed that over 90 percent of fatalities to riders of scooters
occurred due to collisions with cars and from attempting to ride their
scooter on steep hills. He stated that the most important issue to the
City Manager was that scooters do not fall under the SB994 liability
exemption that prevents lawsuits from skateboarders who are injured
in a city operated skate park. Additionally, the statutory protection the
City enjoys from potential litigation was a factor in the City's decision
to construct the skate park five years ago. CSD/Rose stated that the
Parks and Recreation Commission recommended approval and the
City Manager's office recommended that the proposed ordinance not
be approved due to the City's increased exposure to liability and that
further study be done on this issue.
C/Zirbes agreed that it was unlikely that Razors would cause any
more damage than the skateboard and there are most likely Razors
and bicycles in the park now. However, the liability issue seems to be
an issue the City cannot get around. He asked if the City purchase
additional insurance to cover potential liability claims.
CSD/Rose said he was not aware of insurance the City could
purchase. He indicated to C/Zirbes that even though there may have
been injuries no one had filed a claim.
C/Zirbes asked how many claims the City has had for skateboard
injuries in its skate park.
CSD/Rose said there had not been any claims filed.
CA/Jenkins explained that the City has a substantial amount of
insurance and the California JPIA has not advised the City that this
would be in their view an "uninsurable" event or an inherently
dangerous mix of uses. In his opinion, the amount of insurance the
City has would be more than adequate to address the type of injuries
that might occur. Therefore, there would likely not be a reason to
increase the amount of coverage and the City is covered under the
JPIA policy.
C/Zirbes said he did not understand the liability issue when there is
coverage.
JUNE 21, 2005 PAGE 13 CITY COUNCIL
CSD/Rose explained that the liability issue is that D.B. is exempt from
liability by State Law for skateboarders in a skate park and the City is
not exempt by State Law for injuries due to bicycles and scooters.
CA/Jenkins further explained that cities in the JPIA that have higher
incidents of reported and/or paid claims ultimately suffer consequence
in the form of higher premiums. Therefore, if the City created a
condition that was likely to generate more claims it could ultimately
cost the City in higher premiums if there were injuries as a result of
mixing the scooters with skateboards. The question before the Council
was whether it perceived that it was an inappropriate mix of activities
or whether the Council felt comfortable about young people operating
different devices within the same facility at the same time.
MPT/O'Connor felt it would be prudent to ask for a revision of SB994
to add scooters. However, it would be next year at the earliest before
legislation might be passed to give the City immunity. Under the
circumstances she would be very nervous about allowing scooters in
the skate park and she would prefer to proceed through legal
channels to get the legislation changed to include the scooters rather
than assuming the potential liability at the City level.
Rick Illig, 23568 Prospect Valley Drive, stated that as CSD/Rose
reported, the majority of scooter accidents involve motor vehicles. If
the kids are not allowed in a park they ride on the street or in parking
lots and it puts them in danger. The reason that the SB994 does not
cover scooters was because it was put into effect in 1997. The D.B.
skate park was not built until 2000 and scooters were not popular until
the summer of 2000. JPIA does not revisit the issue until 2006. The
kids need a place other than the streets to ride their scooters.
Lora Illig said it was very important for the young people to keep busy
doing something positive and they have found something they enjoy in
scootering. She felt it was very important that the kids have a safe
place to practice and enjoy their sport.
Eric Loree showed the Council his scooter. Eric is 14 years of age and
is in the 7t" grade. He said that probably 75 percent of his life is
scootering — it's what he does best and he loves doing it. Peterson
Skate Park is one of the best parks he has ever been to and he has
been to a lot of skate parks in California. He would be very
disappointed if he and his friends were not allowed to use the skate
park after attending six months of meetings and all of the work they
had done to get scootering accepted. He hoped the Council would
make the right decision.
Anita Loree thanked Council for letting the group speak to them this
evening. Parents are looking for a safe place for their kids to scooter.
JUNE 21, 2005 PAGE 14 CITY COUNCIL
Tonight the Council has talked about how it will increase the housing
in the community and that will put more kids on the street and what
better way to involve them than in a safe environment. These kids
have waited patiently for six months and if they have to wait another
six months to a year it is, in her opinion, unfair to them. As CSD/Rose
mentioned on several occasions a six-month probation period would
be very fair and adequate and if the Council was not satisfied with the
outcome the matter could be revisited and re-evaluated.
M/Chang felt it would be good for the kids to have a safe place to
enjoy their sport. He asked if the skate park facility was large enough
to allow both skateboarding and scooters.
CSD/Rose said that the Parks and Recreation Commission was
concerned about how the scooters might be received so staff posted
signs on three different occasions and received only one call about
the possibility that the scooters would get in the way of the
skateboarders. In speaking with representatives from other cities,
Corona actively allows scooters and skateboarders to use the same
skate park and many cities ignore the fact that scooters are used in
their skate parks. In addition, the City has not received any
information that both cannot use the same space competitively.
M/Chang asked if the City would lose its insurance if it failed to notify
the insurer it was allowing scooters.
CA/Jenkins said that the City made the inquiry to the JPIA and
received no information back suggesting there would be a coverage
problem. He felt it would be prudent for the City to advise the JPIA
about the change of policy were the Council to allow scooters in the
park and if the City received any adverse information from the JPIA
staff would report back to the Council accordingly. CA/Jenkins said he
would not recommend not advising the JPIA.
M/Chang said he would like to create a facility to accommodate the
youth and their activities. However, because there was no clear cut
policy in effect the Council should ask the JPIA and if the word back
was that there was no problem with the insurance policy bring the
matter back to the Council for a decision.
C/Tanaka asked if the policy included use of safety equipment.
CSD/Rose responded that scooters would be required to use the
same safety equipment as skateboarders.
C/Herrera recommended that the City continue the prohibition of
scooters in the skate park until the City was satisfied that it has
received all of the pertinent information.to make an informed decision
JUNE 21, 2005 PAGE 15 CITY COUNCIL
n two weeks.
CM/Lowry said she did not believe the JPIA would deny coverage if
the policy were changed. It was more likely that the JPIA would say
that it had not excluded the coverage from the City's policy. The issue
was that if a claim were brought against the City the JPIA would cover
the City and the City would pay or negotiate the claim because the
claim would not be exempt the City would pay. This exposes the City
to a new risk from which it is not exempt and the insurance coverage
is a financing mechanism for the City. The City would be covered, but
the City would ultimately pay the costs of the damages. The difference
was that the skateboarder could not file a claim for damages because
the state law prohibits it and the scooter could file a claim for damages
because the state does not prohibit it.
CA/Jenkins said the primary concern was whether the risk of
exposure was unreasonable and whether the City would be creating a
dangerous condition to any of the kids using the park. The City does
not automatically incur liability just because someone is injured, the
City only incurs liability if the park was in a dangerous condition and
would only incur liability if there were something wrong with the park
that caused the damage or if the park as a result of incompatibility of
uses was dangerous. The Council ultimately determines whether the
activities are compatible or incompatible based on the Council's
personal experience, testimony and observations of how kids function
in the park using the scooters and the skateboards. In fact, both types
of equipment have the potential to cause injury. In fact, kids are
supposed to be wearing protective gear and equipment designed to
protect against injury. Keep in mind also that the State's immunity is
very limited even for skateboarders because- it only applies to kids of a
certain age. Even there the statute is imperfect and has not been
changed for reasons he does not understand to be more protective of
local agencies, Also keep in mind that the low incident of claims (no
claims) is not uncommon and there are many stories about kids who
suffer injuries in these parks who do not file claims for the reason that
many kids and parents understand that the kids are engaged in
activities that could result in a broken arm or some other type of injury
and do not feel that it would be someone else's fault. The City bears
no liability for kids who injure one another and whether the kids or the
parents incur liability depends on the kid's behavior and whether their
behavior is wrongful or malicious.
C/Zirbes asked if the City would have created a greater potential for
incurring liability if the City allowed scooters and a kid on a scooter hit
a kid on a skateboard.
CA/Jenkins said that was the question of the moment, a question he
could not answer because that question depended on whether the
JUNE 21, 2005 PAGE 16 CITY COUNCIL
Council Members believe the activities were compatible or
incompatible. Council Members are often asked to make policy
choices that involve conditions or property that may or may not be
hazardous. One possibility would be to implement a pilot program for
three months to see if there was a problem and make sure that the
recreation staff observed the situation and reported back about
whether there was an incompatibility or greater risk than exists today.
MPT/O'Connor asked if the scooters wore proper safety equipment
and she acknowledged that the kids were nodding affirmatively.
C/Herrera felt it was important to have kids involved in positive
activities and she liked CA/Jenkins' suggestion about a pilot program.
C/Herrera moved, MPT/O'Connor seconded to approve Ordinance
No. 08(2005) for first reading to expire December 1, 2005 and work
with legislators to attempt to amend SB994 to include Razor scooters
in skate parks and evaluate the matter immediately thereafter.
CA/Jenkins recommended adding Section II to read: "This ordinance
shall automatically expire six months from the effective date."
C/Herrera and MPT/O'Connor concurred. Motion carried by the
following Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, Tanaka, Zirbes,
MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
8.2 ADOPT RESOLUTION NO. 2005-39: APPROVING THE YOUTH
MASTER PLAN. CSD/Rose stated that the Youth Master Plan
development process began on September 12, 2003 with the first
meeting of the 21 -member steering committee. Since then a
tremendous effort was undertaken to collect information and material
through research and workshops culminating in the creation of the
Youth Master Plan before the Council this evening. The Parks and
Recreation Commission conducted an exhaustive review of the plan
between November 18, 2004 and April 13, 2005 and on April 13, 2005
the Commission voted unanimously to recommend City Council
adoption of the Youth Master Plan. Since its recommendation by the
Parks and Recreation Commission copies of the draft Youth Master
Plan were distributed to City Council Members and PUSD and WUSD
school board members. Staff presented the draft plan to the City
Council during its June 7 study session.
George Fullerton, Vice Principal, Diamond Ranch High School and
Allison Myers, Youth Master Plan consultant explained the
JUNE 21, 2005 PAGE 17 CITY COUNCIL
development and content of the plan using a Power Point
presentation. The concept of the Youth Master Plan involves a cultural
shift. The plan is a basic document to help guide the community
through a collaborative with the school districts and other
organizations including the youth to share the vision and to integrate
strategies to enhance the lives of the youth. The pian speaks to
various models and many if not all models may be combined to help
establish the goals. Once the collaborative is established it will
determine a youth development model that is designed to connect the
youth programs and services throughout the community. The goal is
to share information and resources including applying for grants and
other types of funding thereby avoiding duplication of programs and
facilities.
Allison Myers said that the next key strategy was to engage the
community and expand the capacity in resources, a strategy that
would allow the collaborative to engage the youth and provide insight
to them about what was available for them and for their families
throughout the City. The second strategy was to add to the current
shared facilities and resources; and the third strategy was to eliminate
barriers that include financial barriers, cultural differences, geographic
locations, transportation, service inventory and so forth. This plan was
designed to ensure that the youth are happy, healthy, productive and
involved and that the programs are built based on a youth
development model to provide outcome based programming with
everyone working together.
CSD/Rose explained that staff proposed to make a presentation to the
Walnut Valley Unified School District for consideration by July 20 and
to go before the Pomona Unified School District by July 26 to get the
collaborative together in order to beginning meeting in September and
to form a youth action team by January 2006. The Parks and
Recreation Commission and staff recommend City Council adoption of
the Youth Master Plan.
There was no one present who wished to speak on this item.
MPT/O'Connor moved, C/Zirbes seconded, to adopt Resolution No.
2005-37: Approving the Youth Master Plan. Motion carried by the
following Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, Tanaka, Zirbes,
MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
JUNE 21, 2005 PAGE 18 CITY COUNCIL
8.3 NOMINATE A DIAMOND BAR RESIDENT TO FILL A VACANCY
ON THE PUBLIC SAFETY COMMITTEE. CM/Lowry stated that
recently the Council received a letter of resignation from Mr. Marvin
wherein he resigned from the Public Safety Committee. Staff
advertised the position and received four letters of interest from D.B.
residents. In addition staff engaged in dialogue with the Captain of the
D.B./Walnut Sheriff's Station about the process of seating individuals
on the Public Safety Committee and realized that staff was mistaken
about the manner in which appointments were made in the past. Staff
could propose that the Council forward to the Captain the four names
that were submitted and deem it appropriate for him to make the
selection or the Council could wait until further discussions discern the
formulation of the committee and how it works. Out of respect for
those who placed their names for consideration staff wanted to
provide Council the opportunity to move the names forward to the
Captain for review.
C/Herrera pointed out that staff's report acknowledged that it was the
Captain's committee and that he was the appointing authority.
Therefore, the resignation should have gone directly to the Captain
rather than being presented to the Council. C/Herrera said she
believed that in the past it was a different type of committee and upon
termination of that committee a different type of committee was
formed with the Captain becoming the appointing and governing
authority.
C/Herrera moved to provide the Captain with the four names for
consideration and for him to report back to the Council.
MPT/O'Connor agreed with C/Herrera that it was prudent to pass the
names on to the Captain. She wanted to know what the Public Safety
Committee was about and whether or not the City should be involved
in any fashion.
C/Herrera said she accepted MPT/O'Connor's request as an
amendment to her motion and MPT/O'Connor seconded the amended
motion.
C/Zirbes thanked the four people who submitted applications and. Bob
Marvin for his service to the committee. He agreed that the Captain
should interview and select the candidate that would best serve the
needs of the City and the department and in turn the Council could
approve the Captain's recommendation.
M/Chang thanked the applicants and appreciated their willingness to
work for the safety of the City of D.B. In addition, he agreed with his
colleagues that, the City needed to determine due process for
appointing committee members.
JUNE 21, 2005 PAGE 19 CITY COUNCIL
AYES: COUNCIL MEMBERS: Herrera, Tanaka, Zirbes,
MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
8.4 (a) ADOPT RESOLUTION NO. 2006-40: APPROVING AND
ADOPTING A BUDGET FOR THE CITY OF DIAMOND BAR FOR
THE FISCAL YEAR COMMENCING JULY 1, 2005 AND ENDING
JUNE 30, 2006 INCLUDING MAINTENANCE AND OPERATIONS,
SPECIAL FUNDS AND CAPITAL IMPROVEMENTS AND
APPROPRIATING FUNDS FOR ACCOUNTS, DEPARTMENT,
DIVISIONS, OBJECTS AND PURPOSES THEREIN SET FORTH.
ACM/Doyle reported that staff was requesting Council to approve
three separate resolutions calling for adoption of the operating budget,
Fiscal Year appropriations limit and Investment Policy. He said that
the City is once again in sound financial shape. The General Fund
budget calls for estimated revenues of $17.6 million with
appropriations for ongoing every day operations of $16.9 million
leaving the City with an excess of about $678,000. Staff is
recommending that the $678,000 be re -invested into the City's Capital
Improvement Plan. Also included in the budget is a $546,000
allocation out of reserves that has been identified for economic
development purposes. The proposed budget includes a 4% Cost of
Living increase for staff and a $25 benefit allotment increase for
cafeteria benefits. There are minor personnel changes including two
positions that are promotions only for current staff members.
C/Herrera said she was proud that staff was prudent about the
management of the City's money and that the budget was balanced
without budget cuts. She thanked staff and the City Council for
keeping a tight fist on the City's dollars.
MPT/O'Connor informed the audience that the Council had held
several study sessions to discuss the budget. Many questions were
asked and staff was responsive. She agreed with C/Herrera that it
was nice to be in a City where funds were available to provide the
services expected and demanded by the residents.
M/Chang echoed the sentiments of his colleagues.
C/Herrera moved, M/Chang seconded to Adopt Resolution No. 2005-
40. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, Tanaka, Zirbes,
MPT/O'Connor, MlChang
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
JUNE 21, 2005 PAGE 20 CITY COUNCIL
(b) ADOPT RESOLUTION NO. 2005-41: SETTING THE PROP 4
(GANN) APPROPRIATIONS LIMIT FOR FY 2005-06 FOR THE CITY
IN ACCORDANCE WITH THE PROVISIONS OF DIVISION 9 OF
TITLE 1 OF THE GOVERNMENT CODE.
MPT/O'Connor moved, C/Herrera seconded, to Adopt Resolution No.
2005-41. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, Tanaka, Zirbes,
MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
(c) ADOPT RESOLUTION NO.. 2005-42: ADOPTING THE
STATEMENT OF INVESTMENT (INVESTMENT POLICY).
MPT/O'Connor moved, C/Herrera seconded to Adopt Resolution No.
2005-42. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, Tanaka, Zirbes,
MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
CM/Lowry requested that Consent Calendar Item 6.23 be corrected to reflect
a contract approval with CompuCom for Microsoft License Agreement in the
amount of $56,645.82 and that the Council approve the item as corrected.
C/Zirbes moved, C/Herrera seconded, to approve the contract with
CompuCom for Microsoft Enterprise License Agreement ($56,645.82).
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, Tanaka, Zirbes,
MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
C/Tanaka said he was very happy and excited to join his colleagues on the
Council and said he would do the best job he could do for D.B.
C/Herrera congratulated C/Tanaka on his win and congratulated the
candidates who did not win. It was a close election.with Steve Tye losing by
only 84 votes. It was a passionate election with many people working very
hard for their candidates. Because the election was so close there are a lot of
wounded feelings within the City. Of the ballots cast almost half of them were
for another candidate. She felt it was time to reach out into the community
JUNE 21, 2005 PAGE 21
CITY COUNCIL
and heal the wounds so that this Council and the residents could focus on the
business at hand and be the great team that she knows the five Council
Members can be. She offered her assistance to C/Tanaka. On tonight's
agenda was approval of construction at Sycamore Canyon Park for a trails
project. She thanked Gary Neely, the City's Consultant who monitors
organizations, one of which is the Rivers and Mountains Conservancy
because at Mr. Neely's urging the Conservancy was approached and did
provide a grant to the City of D.B. in the amount of $124,000. She thanked
Mr. Neely for his effort and acknowledged that he had once again
encouraged the City to apply for another grant. She serves as a Board
Member on the T.H. Pendergast Parole Museum. On June 30 the museum
will sponsor an exhibit in Sacramento celebrating 100 years of service. She
thanked Assemblyman Bob Huff and his outstanding staff and especially his
Chief of Staff Jenay Gardner Logan for facilitating and obtaining approval for
establishing an exhibit in the State Capitol. During the five years she has
served on the Board the Parole Museum has attempted to get approval from
the Governor's office for an exhibit in Sacramento. When Mr. Huff took over
there were no records of work that had been done toward getting the exhibit
established. Assemblyman Huff recreated the work product and after
obtaining the necessary documents from the Parole Board was successful in
getting the matter concluded. The exhibit was designed by Patrick Merrill,
Director of the Keith and Janet Kellogg University Gallery at CalPoly Pomona
and Arnold Holland, Professor of Graphic Design at the California State
University at Fullerton. The unveiling is on the first floor of the
Capitol building directly across from the Governor's office. The ceremony will
be at 12:00 noon and she encouraged everyone to attend. She again
thanked Assemblyman Bob Huff.
C/Zirbes welcomed C/Tanaka. The election is over and it was a close race.
All of the candidates showed the residents that they care about the
community of D.B. It is unfortunate that there was a lot of painting of the
Council that it is split 2-2 because if people look at the Council's voting record
it is easy to see that the Council works together on approving issues that are
important to D.B. and its citizens. The Council Members bring independent
experiences to the Council. All three of the candidates should be commended
for the job they did in running for Council. He disagreed that the community
needed to come together to heal because each Council Member represents
the core value of this community and each Council Member has an eye to the
future of this City. He thanked tonight's participants.
MPT/O'Connor attended the Chamber's very successful economic
conference. She thanked the Chamber for a wonderful program,and she
thanked the City Manager and Assistant City Manager for their contributions.
She commended C/Herrera for her service as President of COG. The
organization celebrated 10 years of service and recognized five community
members who were influential in the San Gabriel Valley in honor of Jack
Phillips who was a City of Industry Council Member who passed away. She
understood it was C/Herrera's idea to hold a memorial in honor of Jack
JUNE 21, 2005 PAGE 22 CITY COUNCIL
Phillips. MPT/O'Connor commended C/Herrera for her thoughtful gesture.
Last week MPT/O'Connor flew to Sacramento to speak on behalf of
Assemblyman Huff's AJR#7 dealing with the zip code issue in D.B. she did
not have to speak because the bill passed unanimously and was sent to the
senate floor without further input. Yesterday she, CM/Lowry, ACM/DeStefano
and C/Zirbes met with the City of Industry staff, Directors and Mayor to
discuss the Industry Business Center proposed for the 500 acre "buffer zone"
on the west side of the SR 57. Industry is proposing an industrial, commercial
and retail area. A Town Forum is scheduled for Thursday, July 7 at Neil
Armstrong School,and the City of Industry agreed to participate in the forum.
She hoped that the affected residents would attend. The City of Industry has
been very cooperative with D.B. during other projects, and D.B., anticipates
that they will cooperate with the City during this project. School is out and
drivers should please watch out for the kids who are out on the City's streets.
She encouraged residents to attend the City's July 4th celebration. It is a
wonderful and safe event. She welcomed C/Tanaka and believed that he was
the first Japanese -American to serve on the D.B. Council.
M/Chang welcomed C/Tanaka and thanked him for his willingness to serve
the community. He joined MPT/O'Connor in inviting everyone to attend the
July 4th show and the Concerts in the Park series beginning June 29. He
attended the D.B.H.S. graduation ceremonies and congratulated all of the
graduates and wished them the best of luck in the next level and challenge of
their lives. He spoke about the election process and hoped the community
would come together to work together to keep D.B. moving forward.
10. ADJOURNMENT: With no further business to conduct, M/Chang adjourned
the meeting at 10:20 p.m.
2005.
LINDA C. LOWRY, CITY CLERK
The foregoing minutes are hereby approved this day of ,
WEN CHANG, MAYOR
Agenda No. 6.1.2
CITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION
J U LY 5, 2005
r
STUDY SESSION: Mayor Chang called the Study Session to order at
5:32 p.m. in Room CC -8 of the South Coast Air Quality Management
District/Government Center, 21865 Copley Dr., Diamond Bar, CA.
Present: Council Members Herrera, Tanaka, Zirbes, Mayor Pro
Tem O'Connor and Mayor Chang.
Also Present: Linda Lowry, City Manager; Michael Jenkins, City
Attorney; David Doyle, Assistant City Manager; James DeStefano, Assistant City
Manager; David Liu, Director of Public Works; Bob Rose, Community Services Director;
Linda Magnuson, Finance Director; Ken DesForges, Information Systems Director;
Nancy Fong, Planning Manager; Ann Lungu, Associate Planner; Kim Crews, Senior
Management Analyst; Ryan Wright, Recreation Supervisor; Fred Alamolhoda, Senior
Engineer; Sharon Gomez, Senior Management Analyst and Tommye Cribbins,
Executive Asst.
► Discussion of Development Agreement with Lewis -Diamond Bar, LLC
► Discussion of Grand Avenue Freeway Overpass Improvement Project
► Public Comments on Study Session items
DISCUSSION OF GRAND AVENUE FREEWAY OVERPASS IMPROVEMENT
PROJECT:
PWD/Liu reported that in 2004 in accordance with the California Environmental Quality
Act (CEQA) the City of Industry prepared and approved an Environmental Impact
Report (EIR) for the Industry Business Center Project (IBC). The project encompasses
approximately 600 gross acres consisting of approximately 4.8 million sq. ft. of a mix of
commercial office and industrial uses. The site is located adjacent to Grand Ave.
generally north of the SR 57/60 immediately north of the D.B. border. The project
requires significant new infrastructure improvements and modifications to roadways and
the purposes of tonight's study session is to 1) provide Council with an overview of the
proposed traffic mitigations along Grand Avenue and 2) provide an opportunity for
Council to ask questions of D.B. and industry staff.
John Ballas, City Engineer, City of Industry, thanked Council for inviting him to speak
about the Grand Ave. and Lemon Ave. Interchange and introduced his project team. At
the urging of D.B. to consider using Lemon Ave. to re-route truck traffic, Industry is at
long last planning to widen Currier Rd. and connect with the underpass at Brea Canyon.
Because of their experience with Caltrans and other projects, Parsons was chosen to
design the on/off ramps. The EIR analyzed the existing level of traffic within a six to
seven mile radius of the project and determined what would be needed in future years
of 2015 and 2025 to accommodate the flow. The project contemplates adding lanes to
all on and off ramps on the SR57/60 interchange thereby widening the interchange
JULY 5, 2005 PAGE 2 CC STUDY SESSION
(through lanes on Grand Ave.). The City of Industry set forth a goal for four lanes in
each direction on Grand Ave., widening of the on and off ramps to carry the traffic and
to fund the design and work for the entire project that resides within the D.B. jurisdiction.
Mr. Ballas asked that the Council accept the improvement and discuss the steps
required to move forward with Caltrans as the lead agency.
Mr. Ballas responded to C/Herrera that Caltrans must certify the program as if it were
their own project because there is a significant amount of money being spent on their
roadways and once the project is completed it belongs to Caltrans.
MPT/O'Connor asked if the expansion was a direct result of the IBC project.
Mr. Ballas said yes, stating that the interchange will have a lot of truck traffic and since
there is no truck route in D.B. trucks are not free to go from the new commercial and
industrial center across the freeway and through the heart of Grand Ave .
MPT/O'Connor asked why Industry proposed to expand Grand Ave. on the golf course
side if the intent was to get the trucks and traffic from the freeway to the Industry
project.
Mr. Ballas said D.B. would not have to expand the lanes on the Grand Ave. golf course
side and further elaborated that the traffic report contemplated the number of lanes that
would be needed at the Grand Ave. intersection in the future taking into account the IBC
and ambient growth.
C/Zirbes asked about Industry's proposal to also widen Grand Ave. past the Lewis
project.
Mr. Ballas said he was aware of the Lewis project and had been discussing the matter
with staff.
PWD/Liu responded to C/Zirbes that Industry's proposal did not tie in to the proposed
changes along Grand Ave. and therefore would not affect the Lewis project. He said
that D.B. had informed Industry that the current proposed improvements would be a
fixed point because at this stage it would be very difficult to make additional changes.
C/Zirbes asked Mr. Ballas if Industry could engineer backward from the Lewis project
back to the freeway. He said he could understand having four lanes come off of the
freeway from the west. Fewer lanes would prevent D.B. from accommodating that
number of lanes through the City so the artery would automatically be choked at the off -
ramp. He wondered if it made more sense to leave the two lanes from the freeway to
Golden Springs Dr.
Mr. Ballas indicated that he was indeed seeking just that type of input from the Council.
Industry would like to achieve everything indicated in the Engineer's Report but Industry
is also willing to tailor back. At this juncture it seems most likely that Industry would
propose holding the street width on Grand Ave. south of Golden Springs Dr.
JULY 5, 2005 PAGE 3 , CC STUDY SESSION
Wayne? Wade ?? Louie??? confirmed that the project scope would be driven by
Caltrans requirements.
Melissa ?? explained that the Caltrans process was generally a three-step process prior
to construction: 1) Project Initiation Document (Project Study Report); Environmental
Clearance and 3) Final Design (PS&E). These three steps lead to final Caltrans
approval and construction.
Wayne or Wade??? said that whether D.B. or Industry was the lead agency during
construction Caltrans would have jurisdiction over the project.
In response to C/Zirbes, Mr. (Wayne or Wade) ?? said Industry had a goal to complete
the project in two years.
PWD/Liu stated that the current SR57/60 HOV Project was scheduled for completion in
the summer 2006 and within six months Grand Ave.should be clear.
Mr. Ballas explained that Caltrans would incorporate some additional width in the
current project but did not agree with Industry that four lanes were needed for the
eastbound off -ramp.
C/Zirbes asked if any other areas of D.B. had been identified for impact based upon the
Industry project.
DPW/Liu responded that 23 D.B. intersections were identified.
Mr. Ballas stated that when D.B. was ready to make the intersection improvements
those intersections would be measured for traffic impacts from the Industry side and
that Industry would pay its fair share if D.B. chose to mitigate the intersections.
PWD/Liu informed Council that there would be a kickoff meeting this Thursday and
Council would continue to be advised on the progress of the project. PWD/Liu said that
the project information would be included in the weekly report to Council.
M/Chang said D.B. was very concerned about the off -ramp coming into Grand Ave.and
that the City would certainly not want to suffer gridlock at the point of the Target project.
C/Zirbes felt this was another good reason to get the signalization program in-house to
help move the vehicles more effectively. C/Zirbes said he would be happy to have four
lanes ,each way through D.B. to the eastern border as long as two of the lanes were
underground.
JULY 5, 2005 PAGE 4 CC STUDY SESSION
DISCUSSION OF DEVELOPMENT AGREEMENT WITH LEWIS-DIAMOND BAR, LLC
ACM/DeStefano said that this matter was before the Council during the Study Session
to clarify points of the proposed Development Agreement Amendment in advance of
tonight's Public Hearing and that this Amendment was the result of a lot of hard work
and concurrence between the City and Lewis. Essentially, the Amendment was based
on the fact that Target would not be able to commence construction until August 2005
and would not be able to have its grand opening celebration until the first week of
October 2006. Lewis asked to memorialize the already agreed upon traffic contribution
in the amount of approximately $1.2 million and a guarantee by the City that it would not
impose additional impact fees with respect to the impending lot line adjustment for
Target and/or a future Parcel Map on the Target project to segregate out the two corner
pieces for restaurant and/or retail. Target sought the guarantee because of prior bad
acts on the part of other cities. Lewis agreed to expedite the early phases of the
residential fee so that the City would generate about $225,000 faster through the
proposed amendment.
Discussion ensued. C/Zirbes said he was concerned because it was a Letter of Credit
from Lewis and Lewis was not the developer and if Target decided to not move forward
with their project it would put Lewis on the hook.
MPT/O'Connor asked what kind of costs were involved with the lot line adjustment and
Parcel Map.
ACM/DeStefano said that Target asked that the City not access any additional impact
fees, such as more traffic fees and new impact fees. He explained that MPT/O'Connor
was correct that Target would still pay all of the normal processing fees.
Public Comments on Study Session Items: None Offered.
ADJOURNMENT: With no further business to come before the City Council,
M/Chang adjourned the Study Session at 6:15 p.m.
Linda C. Lowry, City Clerk
The foregoing minutes are hereby approved this day of , 2005.
WEN CHANG, Mayor
Agenda No. 6.1.3
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BA
JULY 5, 2005
STUDY SESSION: Mayor Chang called the City Council Study Session to
order at 5:32 p.m. in Room CC -8 of the SCAQMD/Government Center Building, 21865
Copley Drive, Diamond Bar, CA 91765
► Discussion of Development Agreement with Lewis -Diamond Bar, LLC
► Discussion of Grand Avenue Freeway Overpass Improvement Project
► Public Comments on Study Session Items
M/Chang adjourned the Study Session at 6:15 p.m. to the Regular City Council meeting.
CALL TO ORDER: Mayor Chang called the Regular City Council meeting to
order at 6:34 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr.,
Diamond Bar, CA.
Mayor Chang reported that tonight Council received a report on the Development
Agreement with Lewis -Diamond Bar, LLC. The Target Project at Grand Ave. and Golden
Springs Dr. has scheduled groundbreaking for late August, early September with the grand
opening to be held in October 2006. Council was also presented information about the City
of Industry's proposal for the Grand Avenue Freeway Overpass Improvement Project to
accommodate their Industry Business project.
PLEDGE OF ALLEGIANCE: Mayor Pro Tem O'Connor led the Pledge of Allegiance.
INVOCATION: Monsignor James Loughnane, St. Denis Catholic Church
gave the Invocation.
ROLL CALL: Council Members Herrera, Tanaka, Zirbes, Mayor
Pro Tem O'Connor and Mayor Chang.
Staff Present: Linda Lowry, City Manager; Michael Jenkins, City
Attorney; David Doyle, Assistant City Manager; James DeStefano, Assistant City Manager;
David Liu, Director of Public Works; Ken DesForges, IS Director; Linda Magnuson, Finance
Director; Nancy Fong, Planning Manager; Ryan McLean, Senior Management Analyst; and
Tommye Cribbins, Executive Asst.
APPROVAL OF AGENDA: CM/Lowry requested that Consent Calendar Item 6.1.2
be continued to the July 18, 2005 City Council meeting.
JULY 5, 2005 PAGE 2 CITY COUNCIL
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:.
1.1 Nancy Lyons and Marsha Hawkins, Friends of the Library, on behalf of the
Read Together Diamond Bar Program, presented each Council Member with
a copy of "Wish you Well" by David Baldacci and asked the Council Members
to participate in the Program during the October reading. The two anchor
programs for the event are a pancake breakfast sponsored by the Kiwanis
Club and an Appalachian Day on October 8 at Pantera Park and Festival of
Authors on October 23 at the library.
1.2 MlChang presented Nancy Lyons, Chairman of the Parks and Recreation
Commission a proclamation proclaiming July 2005 as "Parks and Recreation
Month."
BUSINESS OF THE MONTH:
1.3 ClTanaka presented a Business of the Month tile to Haro Derkrikorian, owner
of Speedwurk Motor Sports.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered.
3. PUBLIC COMMENTS: Eileen Ansari congratulated Jack Tanaka on his
election win and praised him. She asked the Council to reexamine the issue of the
pocket park at the end of Sunset Crossing Rd. Since the City of Industry seemed to
be encroaching on the area because they had recently removed a considerable
number of trees on the Industry side. She commented on public figures chewing
gum encouraging Council Members to desist chewing gum.
Clyde Hennessee appreciated Mrs. Ansari's recommendation regarding a pocket
park at the end of Sunset Crossing Rd. and addressed his concern about taxes. He
thought the City's $10 fee or tax would turn into a "cash cow" for the City. He
mentioned other cities and the Cities go astray with General Funds.
Lydia Plunk, The Windmill, thanked the Council and public that made the latest
edition and spoke of the August edition and the priorities of publicity. Anyone wantin
to contribute PR, the address for The Windmill is P.O. Box 4085, D.B., the email
address is the.windmill@verizon.net.
4. RESPONSE TO PUBLIC COMMENTS: None.
5. SCHEDULE OF FUTURE EVENTS:
5.1 CONCERTS IN THE PARK Chico (Latin) — July 6, 2005 — 6:30 — 8:00 p.m.,
Sycamore Canyon Park, 22930 Golden Spgs. Dr.
5.2 INDUSTRY BUSINESS CENTER TOWN HALL MEETING —July 7, 2005 —
6:30 p.m. — Neil Armstrong Elementary School, 22750 Beaverhead Dr.
JULY 5, 2005 PAGE 3
CITY COUNCIL
5.3 PLANNING COMMISSION MEETING — July 12, 2005 — 7:00 p.m.,
Auditorium, AQMD/Government Center, 21865 Copley Dr.
5.4 CONCERTS IN THE PARK Sevilles (50's & 60's) — July 13, 2005 — 6:30 —
8:00 p.m., Sycamore Canyon Park, 22930 Golden Spgs. Dr.
5.5 TRAFFIC AND TRANSPORTATION COMMISSION MEETING — July 14,
2005 — 7:00 p.m., Board Hearing Room, AQMDIGovernment Center, 21865
Copley Dr.
5.6 CITY COUNCIL CANDIDATE NOMINATION PERIOD — Monday, July 18,
2005 through Friday, August 12, 2005, 4:30 PM
5.7 CITY COUNCIL MEETING — July 19, 2005 — 6:30 p.m., Auditorium,
AQMDIGovernment Center, 21865 Copley Dr.
6. CONSENT CALENDAR: C/Zirbes moved, C/Tanaka seconded to approve the
Consent Calendar as presented with the exception of Item 6.1.2 which was
continued to the meeting of July 18, 2005. Motion carried by the following Roll Call
vote:
AYES: COUNCIL MEMBERS: Herrera, Tanaka, Zirbes, MPT/O'Connor,
M/Chang
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6.1 CITY COUNCIL MINUTES
6.1.1 Study Session of June 21, 2005 — As Submitted.
6.1.2 Regular Meeting of June 21, 2005 — Continued to July 18, 2005.
6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES — Regular
Meeting of May 26, 2005.
6.3 RECEIVED AND FILED PARKS AND RECREATION COMMISSION
MINUTES —Regular Meeting of May 26, 2005.
6.4 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION COMMISSION
MINUTES:
6.4.1 Regular Meeting of April 14, 2005.
6.4.2 Regular Meeting of May 12, 2005.
6.5 RATIFIED CHECK REGISTER — dated June 30, 2005 in the amount of
$998,157.15.
JULY 5, 2005 PAGE 4
CITY COUNCIL
6.6 REVIEWED AND APPROVED TREASURER'S STATEMENT — month of
May 2005.
6.7 APPROVED LEGISLATIVE SUBCOMMITTEE RECOMMENDATIONS:
(a) ACA 4 (PLESCIAIHARMAN) — PROPOSES A CALIFORNIA
CONSTITUTIONAL AMENDMENT TO VOTERS IN THE JUNE 2006
ELECTION REMOVING THE LOOPHOLE IN PROPOSITION 42 ALLOWING
THE GOVERNOR TO TRANSFER GASOLINE SALES TAX REVENUES
FROM THE TRANSPORTATION ACCOUNT TO THE STATE GENERAL
FUND — SUPPORT.
(b) SB 928 (LOWENTHALLIPERATA) — BILL ENCOMPASSES MANY
ASPECTS OF SOLID WASTE MANAGEMENT, INCLUDING WASTE
BOARD REORGANIZATION, ELIMINATION TO TIME EXTENSIONS FOR
LOCAL AGENCIES THAT HAVE NOT MET DIVERSION RATES, AND
IMPLEMENTATION OF AN UNDETERMINED PLACEHOLDER FOR A
HIGHER SOLID WASTE DIVERSION RATE, WITHOUT PROVISION FOR
TECHNOLOGICAL OR FINANCIAL ASSISTANCE FROM THE STATE —
OPPOSE.
(c) SB 420 (SIMITIAN) — PROPOSES INCREASE TO STATE
MANDATED SOLID WASTE DIVERSION RATE FROM 50% TO 75% BY
JANUARY 1, 2015, WITHOUT THE PROVISION OF TECHNOLOGICAL OR
FINANCIAL ASSISTANCE FROM THE STATE —OPPOSE.
(d) AB 11 (DE LA TORRE) — PROHIBITS GENERAL LAW CITIES FROM
UNAUTHORIZED COMPENSATION TO COUNCIL MEMBERS IN EXCESS
OF THEIR MONTHLY SALARIES UNLESS AUTHORIZED BY STATE LAW,
INCLUDING PAYMENT FOR SERVING ON A COMMISSION, COMMITTEE,
OR BOARD CREATED OR OVERSEEN BY THE COUNCIL
TRAVELING/NECESSARY EXPENSES AND HEALTH AND RETIREMENT
BENEFITS ARE NOT INCLUDED — SUPPORT.
6.8 ACCEPTED WORK PERFORMED BY CS LEGACY FOR CONSTRUCTION
OF IMPROVEMENTS AT STARSHINE PARK; DIRECTED THE CITY
CLERK TO FILE THE NOTICE OF COMPLETION; AND RELEASE THE
RETENTION.
6.9 APPROVED SECOND READING BY TITLE ONLY, WAIVED FULL
READING AND ADOPTED ORDINANCE NO. 08(2005): AMENDING
SECTION 12.00.420 OF THE DIAMOND BAR MUNICIPAL CODE TO
ALLOW NON -MOTORIZED SCOOOTERS TO USE THE SKATE PARK AT
PETERSON PARK.
6.10 AWARDED CONTRACT TO WEST COAST ARBORISTS FOR TREE
MAINTENANCE SERVICES FOR FY 2005106 IN THE AMOUNT NOT TO
EXCEED $150,000.
J U LY 5, 2005 PAGE 5
CITY COUNCIL
6.11 APPROVED FY 2005/06 COMMUNITY SUPPORT FUND ALLOCATIONS.
6.12 AUTHORIZED EXPENDITURES IN AN AMOUNT NOT -TO -EXCEED
$65,000 FOR FY 2005106 TO GRAPHICS UNITED FOR PRODUCTION OF
THE CITY'S NEWSLETTER/RECREATION GUIDE; AND AUTHORIZED A
CUMULATIVE EXPENDITURE OF $36,000 FOR FY 2005106 TO THE
POSTMASTER FOR THE CiTY'S NEWSLETTER/RECREATION GUIDE
POSTAGE.
6.13 AUTHORIZED THE CITY MANAGER TO PURCHASE COMPUTER
NETWORK HARDWARE FROM HEWLETT PACKARD FOR AN AMOUNT
NOT -TO -EXCEED $46,750.
7. PUBLIC HEARINGS:
7.1 CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT DISTRICTS.
(a) ADOPT RESOLUTION NO. 2005-43: LEVYING AN ASSESSMENT
ON THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT
DISTRICT NO. 38 FOR FY 2005106.
(b) ADOPT RESOLUTION NO. 2005-44: LEVYING AN ASSESSMENT
ON THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT
DISTRICT NO. 39 FOR FY 2005106.
(c) ADOPT RESOLUTION NO. 2005-45: LEVYING AN ASSESSMENT
ON THE CITY OF DIAMOND BAR LANDSCAPING ASSESSMENT
DISTRICT NO. 41 FOR FY 2005106.
SMA/Gomez reported that the three Landscaping Assessment Districts lie
within the boundaries of D.B. and within each of the three districts the
assessment rates remain the same as the rate applied at time of City
incorporation in 1989. The maintenance of the three landscaping assessment
districts includes the furnishing of water for irrigation, labor and materials to
maintain healthy and cultivated grass, plants and shrubs, and the removal of
weeds and debris. Landscape District No. 38 encompasses the landscape
maintenance for the medians and parkways along the arterial streets
throughout the City. The maintenance and servicing of these public
landscape areas provides a benefit to each of the estimated 17,692 parcels
with a levy rate of $15 per parcel generating approximately $265,380 in
revenue. District No. 39 is 60.67 acres of mini -parks, slopes and open space
are maintained to provide special benefit to each of the parcels within the
district tending to enhance the property values. The 1,263 parcels within
District No. 39 have a levy rate of $130 per parcel generating assessment
revenues of approximately $164,190. District No. 41 provides landscaping
maintenance of 15.6 acres of slopes and open space. The 541 parcels with a
levy rate of $220.50 per parcel would generate assessment revenue of
approximately $122,157. SMA/Gomez stated that the Engineer's Reports
J U LY 5, 2005 PAGE 6
CITY COUNCIL
were prepared in compliance with the requirements of Article IV, Chapter I,
Landscaping and Lighting Act of 1972, Part II of Division XV of the Streets
and Highways Code of the State of California. Staff recommends that Council
open the Public Hearing, receive public testimony and adopt the resolutions
to levy the Landscaping Assessments for Districts 38, 39 and 41 for Fiscal
Year 2005106.
M/Chang opened the Public Hearing.
Roy Wilks, 2702 George Lane, Vice President, Woodglen I Homeowners
Association, said his association just found out that they own several acres of
property in District 41. David Wang, a Woodglen tenant, -was very upset that
water spilled from the concrete ditch onto his property and wanted the
Association to mitigate the damage because it owns the property. Mr. Wilks
felt that since the Association was paying a considerable amount to maintain
the property and since it had to remain in a natural state he was concerned
about what the Association could do to cure the problem. He felt the City
received a considerable amount for merely running a tractor through the area
once a year to create a firebreak. He said he was also concerned about
liability on the part of the association if the property was not maintained. He
asked for a meeting with City officials to determine what the City would do to
maintain the property.
MlChang closed the Public Hearing.
CSD/Rose stated that all of the homes in District No. 41 are assessed the
same amount of money. Brushing is required within 100 ft. of the structure
and is conducted for the homes adjacent to Fallow Field and the homes in
the non -landscaped areas. The remaining funds pay for the planting areas
throughout District No. 41 including the slopes along Pathfinder Rd. to Brea
Canyon Cutoff beginning at the Water District property proceeding up to
Peaceful Hills (excluding the park) continuing up the slope that wraps around
to the fire station off of Pathfinder Rd. There is a significant amount of
landscaped area on Peaceful Hills down to Canyon Ridge within the Peaceful
Hills area as well as property on Canyon Ridge back to a cul-de-sac. In
addition, there are several green belts within the district that are also
maintained through district funds. Further, the City of D.B. does not have a
park tax of any type and wondered if the speaker was referring to a leftover
tax that had been imposed by LA County prior to incorporation and whether
the tax was being properly collected.
Staff provided business cards to the previous speaker.
JULY 5, 2005 PAGE 7 CITY COUNCIL
M/Chang moved, C/Herrera seconded, to Adopt Resolution No. 2005-43,
2005-44 and 2005-45 as presented. Motion carried by the following Roll Call
vote:
AYES: COUNCIL MEMBERS: Herrera, Tanaka, Zirbes,
MPT/O'Connor, MlChang
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
7.2 FIRST READING BY TITLE ONLY WAIVING FULL READING OF
ORDINANCE NO. 09(2005) AMENDMENT NO. 1 TO DEVELOPMENT
AGREEMENT NO. 2004-01 BETWEEN THE CITY AND LEWIS-DIAMOND
BAR, LLC FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF
GRAND AVENUE AT GOLDEN SPRINGS DRIVE.
ACM/DeStefano reported that about a year ago the City Council approved a
Development Agreement for the property at the southeast corner of Grand
Ave. at Golden Springs Dr. commonly known as the Calvary Chapel property.
The approved agreement included provisions that set forth subsequent
approvals by the Planning Commission and City Council for the Brookfield
Townhome/Condominium project and the Target project, both of which were
scheduled to commence construction late summer of 2005. The
Development Agreement included financial terms and a schedule of
performance. The purpose of this amendment was to consider changes to
the financial components and the schedule of performance and did not
involve land use matters. The City and Lewis -Diamond Bar, LLC have
worked cooperatively during the past year to implement the approved
agreement. Earlier this year it was announced that Target had entered into
an agreement with Lewis to build a new store and in the past couple of weeks
Brookfield received approvals for its condominium project. Both projects were
the direct result of staff's implementation of the Development Agreement, and
Lewis's diligence in obtaining the anchor retailer, Target, who the City sought
for the key location. Lewis is seeking amendment to three of the provisions
contained within the agreement. 1) The City Traffic Fee —within the previous
development agreement there was a discussion about a City traffic fee that
would pay for the direct traffic impacts of the proposed improvements and the
indirect traffic impacts that would be required in the future with Lewis's
contribution left to staff to negotiate. Negotiations concluded early this year
with Lewis agreeing to contribute to the City approximately $1.2 million for the
residential and commercial components of the development. Lewis is asking
to memorialize the agreement of the contribution into the Development
Agreement and staff recommends that Council concur with the request. 2) A
Commercial Fee - this fee would be required should Lewis not commence
construction in a timely fashion as called out in the agreement. The current
agreement calls for commencement of construction in June 2005 and
completion of construction in April 2006 for the anchor. ACM/DeStefano
pointed out that the agreement for commencement and completion of
construction was spelled out prior to knowing who the anchor would be and
JULY .5, 2005 PAGE 8
CITY COUNCIL
prior to the City being aware of what the corporate (Target) requirements
would be. Lewis is recommending with staff's concurrence that those dates
be changed to indicate a commencement of construction for no later than
September 2005 and completion of construction no later than October 2006.
These dates were confirmed by Target. 3) On behalf of Target Lewis is
asking for an addition to the agreement to indicate that the City would agree
to not impose any additional development exactions upon Target as Target is
presently processing a Lot Line Adjustment and may process a Parcel Map in
the future. Staff concurs with the recommendation because the necessary
development impact fees for the entire project were set forth in last year's
Development Agreement as well as subsequent approvals. In exchange for
the proposed changes staff received commitment from Lewis that the
commercial anchor (Target) would be delivered to the City the first week of
October 2006; and, that a residential fee described in the agreement and
imposed last year would be guaranteed to come to the City of D.B. in the full
amount based upon the original assumption of 200 dwelling units. On June
28 the Planning Commission voted unanimously to recommend City Council
adoption of Ordinance No. 09(2005) Amendment No. 1 to Development
Agreement No. 2004-01 between the City and Lewis -Diamond Bar, LLC for
property located at the Southeast Corner of Grand Ave. at Golden Spring Dr.
Staff concurs.
In response to C/Herrera, ACM/DeStefano confirmed that the City would
receive $2 million upon completion of the 180 residences as well as
approximately $1.2 million for traffic impact fees and additional dollars for
parks and recreation (approximately $400,000 in Quimby fees) and for the
development processing of the project. In short, millions of dollars are
forthcoming to the City upon completion of the residential and commercial
components of the project. The total income to the City is expected to be
about $3.7 million. Further, the project would provide additional utility fees to
the County and school fees that would be paid to the School District.
M/Chang opened the Public Hearing.
Darren McLeve, Vice President, Residential Development, Lewis Companies,
expressed his appreciation to the City Council and especially to staff and
ACM/DeStefano. for their efforts toward approving the Specific Plan and
Development Agreement for the project. During the past year many things
have happened including the approval of 180 -unit condominium
development, an approved Target store, and work has commenced on the
road improvements. Ralph and Goldie Lewis early on instilled a commitment
to always do what Lewis said it would do, and that commitment stands today.
Because of the good reputation of Lewis Companies, Target was convinced
that D.B. would be a good place to do business, and with staff's help Target
became convinced that D.B. was a City where projects can get approved and
move through the process. Since that had not always been the case for
Target, they requested an amendment that seeks a commitment from the
City that no additional fees would be imposed after project approval. He
JULY 5, 2005 PAGE 9 CITY COUNCIL
a
again thanked staff for their efforts and looked forward to the remarkable
improvements that would take place over the next year. Lewis respectfully
requested Council approval of the First Reading.
M/Chang closed the Public Hearing.
C/Herrera moved, MPT/O'Connor seconded to approve First Reading by Title
Only waiving Full Reading of Ordinance No. 09(2005) Amendment No. 1 to
Development Agreement No. 2004-01. Motion carried by the following Roll
Call vote:
AYES: COUNCIL MEMBERS: Herrera, Tanaka, Zirbes,
MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
MPT/O'Connor said she had enjoyed working with the members of the Lewis
Companies and felt they were working toward meeting the needs of the City.
She concurred with Mr. McLeve's praise of staff.
COUNCIL CONSIDERATION:
8.1 CITY COUNCIL COMMITTEE APPOINTMENTS:
M/Chang read the list of City Council Appointments.
ORGANIZATION DELEGATE ALTERNATE
California Contract Cities Association
Foothill Transit Board
Four -Corners Transportation Policy Group
Greater L.A. County Vector Control District
Joint Powers Insurance Authority
L.A. County Sanitation District No. 21
L.A. County City Selection Committee
League of CA Cities — L.A. County Division
San Gabriel Valley Council of Governments
San Gabriel Valley Economic Partnership
Southern California Assn. Of Governments (SCAG)
Tres Hermanos Conservation Authority
Wildlife Corridor Conservation Authority (WCCA)
Wildlife Corridor Advisory Committee
O'Connor
Chang
Herrera
Zirbes
Chang
Herrera
MacBride
O'Connor
Zirbes
Chang
O'Connor
Chang
Tanaka
Tanaka
Chang
Herrera
Tanaka
Chang
Staff
Tanaka
Zirbes
Zirbes/Herrera
O'Connor
Tanaka
Chang
Davis/Herrick
CITY COUNCIL STANDING COMMITTEES
D.B. Community Foundation
Zirbes
JULY 5, 2005 PAGE 10 CITY COUNCIL
AD HOC COMMITTEES
City Council Goals/City Manager Evaluation
Chang
O'Connor
Economic Development
Chang
Zirbes
Industry Business Center Subcommittee
O'Connor
Zirbes
Legislative
Herrera
Tanaka
Library Task Force Committee
Zirbes
Chang
Neighborhood Improvement
Zirbes
Chang
CITY COUNCIL LIAISON
Chamber of Commerce
Zirbes
O'Connor
PUSD/City
O'Connor
Tanaka
Senior Citizen
O'Connor
Tanaka
Sphere of Influence/Annexation
Herrera
Zirbes
WVUSD/City
Herrera
Chang
There was no one present who wished to speak on this item.
C/Zirbes moved, C/Herrera seconded
Appointments as presented by M/Chang.
vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
to ratify the City Council Committee
Motion carried by the following Roll Call
Herrera, Tanaka, Zirbes,
MPT/O'Connor, M/Chang
None
None
8.2 APPOINT PLANNING COMMISSIONER TO REPLACE NEWLY ELECTED
COUNCIL MEMBER JACK TANAKA.
M/Chang nominated Tony. Torng to replace Jack Tanaka as Planning
Commissioner.
Tony Torng said he greatly appreciated the opportunity to serve the City as a
Planning Commissioner and felt his engineering background and his service on the
Traffic and Transportation Commission would serve him well if appointed.
C/Herrera moved, MPT/O'Connor seconded, to ratify M/Chang's appointment of
Tony Torng as Planning Commissioner. Motion carried by the following Roll Call
vote:
AYES: COUNCIL MEMBERS: Herrera, Tanaka, Zirbes,
MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
JULY 5, 2005 PAGE 11 CITY COUNCIL
9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
C/Zirbes commended staff for arguably the best fireworks show put on by a local
community in the San Gabriel Valley and enjoyed by some 10,000 individuals. Staff
does the City proud. He reminded interested residents that on Thursday the Industry
Business Park Town Hall meeting would take place at Armstrong Elementary
School. He asked staff to provide before and after photos of the work done at
Starshine Park so that the community could get a sense about what the City was
doing to improve the area. He wished everyone a great July.
C/Herrera reported that on June 29 she had the great pleasure of attending the San
Gabriel Valley Council of Governments (COG) Brown Act workshop. The workshop
was surprisingly well attended by about 100 individuals. Many school districts are
having problems with the Brown Act. She said that she gave the opening speech
and was sorry that she had not taken a tally of how many school districts, cities and
water districts were represented. Basically, there can only be a closed session
regarding personnel if the Council has direct evaluation over the individual
employee. The attorneys and Mr. McKee differed in their interpretations. There was
so much interest and lively conversation for two hours that COG agreed to sponsor
another workshop in the Fall. The attorneys said that representatives from various
jurisdictions should be sure to bring their City Managers. She hoped that CA/Jenkins
could participate on the panel during the next workshop. She echoed compliments to
CSD/Rose and his staff. The City Council plans fun things for the residents and one
of the most appreciated events is the 4th of July celebration with more people in
attendance each year. It is a lot of work coordinating such a popular event. The
fireworks were phenomenal and thanks to CSD/Rose and his staff for making it such
a special event and thanks to the City Council for agreeing to fund the event. On
Thursday June 30 she attended the Jerry Ortiz funeral. Five thousand people were
present in the Lady of the Angels Cathedral for Cardinal Roger Mahoney's
presentation of the Mass and the Eulogy. It was a very moving experience and
especially moving was the Cardinal's statement that when Jerry Ortiz died the
following quote flashed on the police car monitors: Blessed are the Peacemakers.
They shall be called sons and daughters of God. And that is what our peace officers
are — peacemakers. They make the ultimate sacrifice — police and firefighters — to
give the residents peace, to make the community better. And we thank them.
C/Tanaka said he had been very busy settling into City Hall, and he thanked staff for
helping him make the transition. He attended the first Concerts in the Park, music by
Sound Bites, an excellent program. Yesterday's 4'h of July Blast was a great concert
enjoyed by thousands of D.B. residents and residents of other communities. He, too,
attended the very moving services for Jerry Ortiz, and the Cardinal's words were
very touching.
MPT/O'Connor reiterated C/Zirbes' comments about the Industry Business Center
Town Forum on Thursday. The meeting is intended to get information to the
residents in the area and she encouraged residents to participate and bring their
questions. She was unable to attend the 4th of July celebration last night because
she was attending the marriage of her niece in the Bay area. She and her family
JULY 5, 2005 PAGE 12 CITY COUNCIL
were able to watch fireworks from many cities and towns as they left the northern
California area at about 9:00 p.m.
MlChang agreed with his colleagues that the 4'h of July celebration was a fantastic
event for the entire region. He felt that at least 30 percent of the attendees had
come to D.B. from surrounding cities and of course, all were welcomed.
Compliments go to staff, the real heroes behind the scene. He thanked the many
volunteers who helped with the event and also thanked the Sheriff's Department and
Fire Department for making certain it was a safe event. He asked staff to solve the
women's restroom queuing problem, improve the sound system for individual
speakers and the band during the fireworks and find a way to deliver the music up to
the street during the fireworks. Also, there was some hesitation between volleys and
he asked if those silent periods could be avoided. Overall, it was a wonderful event.
He asked everyone to please do their part to eliminate weeds from their hillside
property to help avoid accidental brush fires. He and his family traveled to Japan
where they attended the World Exposition so that his youngest son could gain a
better understanding of the global village. The United States is about 28 times the
size of Japan and the population of the United States is only about 2.2 times greater
than the population of Japan. In spite of the dense population the cities are clean
and parks are plentiful with well-maintained older trees and while D.B. does an
excellent job of maintaining its City and parks it could take a lesson from Japan. He
also shared other experiences from his trip.
10. ADJOURNMENT: With no further business to conduct, MlChang adjourned the
meeting at 8:22 p.m. in memory of Sheriff's Deputy and Diamond Bar resident Jerry
Ortiz.
LINDA C. LOWRY, CITY CLERK
The foregoing minutes are hereby approved this day of
WEN CHANG, MAYOR
CITY OF DIAMOND BAR
CITY COUNCIL STUDY SESSION
JULY 19, 2005
Agenda No. 6.1.4
DR44�
STUDY SESSION: Mayor Chang called the Study Session to order at
5:00 p.m. in Room CC -8 of the South Coast Air Quality Management
District/Government Center, 21865 Copley Dr., Diamond Bar, CA.
Present: Council Members Herrera, Tanaka, Zirbes, Mayor Pro
Tem O'Connor and Mayor Chang.
Also Present: Linda Lowry, City Manager; Greg Kovacevich, Asst.
City Attorney; David Doyle, Assistant City Manager; James DeStefano, Assistant City
Manager; David Liu, Director of Public Works; Bob Rose, Community Services Director;
Linda Magnuson, Finance Director; Ken DesForges, Information Systems Director;
Nancy Fong, Planning Manager; Marsha Roa, Communications Manager; Kim Crews,
Human Resources Manager; Fred Alamolhoda, Senior Engineer; and Tommye
Cribbins, Executive Asst.
► Swim Club Swimming Pool Presentation
► Presentation of Library Task Force recommendations regarding the
Diamond Bar Library; and discussion of the next step(s).
► Public Comments on Study Session Items
SWIM CLUB SWIMMING POOL PRESENTATION:
CM/Lowry stated that this matter is on tonight's agenda because MPT/O'Connor was
approached and asked to bring this matter forward to the Council and in accordance
with the City's policies and procedures she asked the Mayor to place the matter on the
agenda for discussion.
CSD/Rose reported that staff had been approached by members of the Industry Hills
Aquatics Club asking if the City would be interested in constructing an aquatics facility in
D.B. The Club has a relatively short timeline to determine where they will build a facility
and have found other cities to be open to the possibility. However, because so many of
the members live in D.B. the Club would rather pursue the possibility of such a facility
here.
CSD/Rose stated that the Swim Club wants to know if D.B. is willing to pursue the
matter, and staff is asking for direction from Council as to whether the City should
pursue an Aquatics Facility of any type at this time. As part of the closing of their facility,
City of Industry has offered a $1.2 million cash contribution and a $1.2 million secured
loan, the terms of which would be negotiated, to be used to pay for construction of the
facility. He learned that the terms of the loan are flexible in that the dollar amount could
be increased, the terms could be lengthened and the interest rate was negotiable. The
Swim Club has also been in touch with the cities of Chino Hills and La Mirada. The Club
suggested and reviewed Summitridge Park near the baseball field down to the lower
JULY 19, 2005 PAGE 2 CC STUDY SESSION
grass field including the lower parking lot as a possible D.B. location. The facility would
require about 185,000 sq. ft. of land that would include parking for 200 vehicles. The
portion of Summitridge Park previously described entails about 150,000 sq. ft.
Additional land could be acquired by grading the hillside next to houses on the north.
The cost to construct with minor grading excluding civil work and other details to
understand what degree of work would be needed is estimated to be $5 to 5.5 million
with the City's contribution being about $3.1 million. Coincidentally, the City has about
$3.2 million committed to a variety of other projects in the City that could be diverted to
pay for this project. Those projects include the Sycamore Canyon Park Phase III ADA
retrofit; building additional restrooms and storerooms at Pantera Park; improving the
athletic complex at Lorbeer Middle School, adding a restroom, concession and storage
building leaving a shortfall of over $1 million that would have to be taken from the Park
Development Fund that was earmarked for a future Sports Complex. CSD/Rose further
stated that the pool would require ongoing maintenance and operations money and that
the Aquatics Club provided him with an estimated revenue and cost breakdown that
totaled to about $700,000. However, it would take about three years for the facility to
reach the $700,000 limit in revenues because it would be moving from an existing
location and program that they expect would take a certain amount of time to re-
establish. It would likely take two to three years for the phased -in project to be
completed so that it would generate the revenue to support the annual maintenance and
operation costs. In addition, there would be long-term capital expenses for replacing
boilers, chlorinators, filters, etc. According to the replacement program the Club
provided,it is a five -seven year program to replace $2-3 million in equipment, money
that the City would have to save toward the replacement cost.
CSD/Rose stated that Aquaduks in Anaheim Hills is interested in expanding into D.B.
Aquaduks fully funds and maintains its facility,and Anaheim Hills donated the land and
receives a certain amount of use time for their annual programs at no cost. In recent
discussions with Aquaduks one of the issues that D.B. would have that the City of
Anaheim would not have,is that D.B. might want some kind of high school program that
would require a larger sized pool. The smaller sized pool would fit the Summitridge
location and would require only 100 parking spaces.
C/Herrera asked if the City decided to go with Aquaduks would it mean that the swim
club would have no priority requests on the facility?
CSD/Rose responded affirmatively. The Industry Hills Aquatic Club needs a 50 -meter
(Olympic size) pool. Aquaduks would fund a 25 -meter pool and if a high school program
were included they would want to talk with the City about contributing toward the
construction as well as some of the maintenance and operation costs.
C/Herrera asked if D.B. would have to dedicate the land to Aquaduks.
CSD/Rose said that the details of the agreement would be negotiable. Generally, a
facility that is involved in a public-private partnership is owned by the City and the
private sector partner usually operates the facility for a set period of time, such as 20-30
years.
JULY 19, 2005 PAGE 3 CC STUDY SESSION
MPT/O'Connor felt that since the City of Industry was willing to donate money to
construction of a facility it would be worth looking into.
C/Tanaka said that he was approached by Steve Nelson about this opportunity and
seeing that it was on the agenda waited until the discussion ensued.
C/Zirbes said that when he spoke with D.B.H.S. about a year ago, the money on the
table was about $2.5 million instead of $1.2 and $1.2 through a loan. He was concerned
that in order to build a pool the City would have to give up its current projects, and it
appeared the project would be upside down about $250,000 a year for the first two
years with no guarantee that it would make money in the third year. There are several
unknowns such as whether or not the two high schools have money to contribute, and
he was concerned about whether the City could afford such a project at this point in
history.
MPT/O'Connor said she wanted to be certain that if Council decided to further pursue
this matter that the two high schools, two school districts and all community
organizations be encouraged to offer financial assistance.
C/Herrera asked how many individuals were members of the Aquatics Club and what
were their time demands? And, if Club members put money into the project, would they
get first choice of time slots?
Steve Nelson asked if this discussion could be continued to a later time so that Rick
Shephard could be present.
C/Tanaka asked if alternate sites such as the YMCA were considered.
CSD/Rose said that Richard Shepard wanted to locate the facility at Summitridge Park
and did not want to spend time researching other locations.
C/Zirbes said that upon reflection, the grading for the Diamond Bar Center at
Summitridge turned out to be a major job that increased the initial cost from about
$500,000 to several million dollars. He asked if staff knew what was under the baseball
field turf?
CSD/Rose said he believed that since that portion of the park had been developed
since the 1980's it was in good shape.
C/Herrera wondered whether during the grading process more shear keys might be
required to prevent landslides because additional mitigation could run in the millions of
dollars.
CSD/Rose said he could not state with any certainty because to date no geotechnical
work had been done.
JULY 19, 2005 PAGE 4 CC STUDY SESSION
ACM/DeStefano said there was no way to know what the subsurface conditions were at
this time and subsurface conditions were definitely part of the equation.
C/Tanaka said he was also concerned that there was essentially only one access for
what could be three major facilities.
CSD/Rose said that a road would have to be cut off of Summitridge Drive to provide
access to the facilities.
Mr. Nelson said he was curious where staff got the figures for equipment replacement.
The current facility in Industry is a 50 -meter facility and the boilers were just replaced for
$142,000. However, if the City did not have a capitalization fund for equipment
replacement it would be headed down a dangerous path. He apologized for the lateness
of his colleague, explained that this project was extremely important to the swim club
and offered to field questions.
Mr. Shepard arrived.
C/Herrera asked if the Swim Club had the expectation that they would have priority on
use of the pool.
Mr. Shephard said the most important aspect of the project was assurance that the pool
would be self-sustaining. While there is a desire to serve the community, the pool would
have to make enough revenue to pay the bills. There is a great deal of flexibility in this
offer and the entire spectrum of the community could be served from the smallest
toddler to competitive athletes and senior citizens. It is important to have a balance
because the $900,000 operating budget would be met only through a diverse and
inclusive market. The pool must be in use from 6:00 a.m. to 9:00 p.m. In the course of
the agreement time slots for the Swim Club would be included. The high school swim
teams generally use the facility in the morning. and mid-afternoon and pay nothing.
Mr. Shephard responded to C/Tanaka that the goal is to make it work and all
alternatives would be pursued with respect to time slots. The current facility has 24
lanes of water. The proposed break-even facility has 27 lanes of water that provide
even more flexibility. In addition, it has variable depths and control of an indoor year-
round program.
Mr. Shepard responded to C/Herrera that the pool would belong to the City of Diamond
Bar.
Mr. Nelson responded to CM/Lowry that he was very conservative in his projections. At
the high end the capital expenditures at the Palms was $168,000 and in those years the
pool showed a very large deficit. In fact, one year the Palms carried a $220,000 deficit.
M/Chang said that in consideration of time constraints the Council needed a bottom line
proposal for what kind of facility would be needed, how much it would cost to construct,
and how much development it would essentially bring to the City.
JULY 19, 2005 PAGE 5 CC STUDY SESSION
Mr. Shepard showed Council the proposed plans for a facility at the Summitridge Park
location. He said that the project director surveyed the site, checked the hookups, etc.
and without "topos" and a site plan he believes the proposed pool, would fit on the site.
The proposal is for a three -pool complex — one pool is a 50 meter pool that would
accommodate two high school teams on a simultaneous basis. Mr. Shepard said that
the Club teaches swimming lessons and the revenue to support the facility would come
from that effort. He said that this plan has been offered to other cities. The cost at the
low end for Chino Hills was $2.8 million because Chino Hills has parking lots, lockers,
etc. already in place. The cost to build a facility in La Mirada at the high end was
estimated at $4.1 million and La Mirada indicated they wanted to go beyond the
proposed $4.1 million with an improved facility. The facility proposed for D.B. is
estimated to cost $4.1 million according to their cost estimate. The lot area is 70,000 sq.
ft. and the proposed building is 9200 sq. ft. with an additional 800 sq. ft. of storage and
team areas/traffic areas. The swim club's proposal is as follows: a $1.2 million cash
contribution from City of Industry; $120,000 for a startup fund with matching funds from
their partner (the City) for a total two-year startup fund of $240,000. At about 27 months
the facility should break even with $900,000 in revenue and $900,000 in costs. The
intent is to have everyone pay a fair -share so that the facility is a break-even functioning
facility. He guessed that there would be a $200,000 deficit in the startup period and that
is why the $240,000 was earmarked for the up -front startup fund.
Mr. Shepard said that even though he was talking with other cities about this project his
primary interest was to work with D.B. because the bulk of the membership is from D.B.
The club has served 165 D.B. families in the past three and one-half years and the
membership wants to be in D.B. and not La Mirada and not Chino Hills. That is the
reason he will continue to pursue the matter with D.B. and he promised to be on time to
the next meeting.
MPT/O'Connor asked Mr. Shepard to point out Grand Ave. and Summitridge Dr. on the.
map. Mr. Shepard pointed out the location of the streets in relationship to the proposed
location of the facilities.
Mr. Shepard explained to M/Chang that the project director's background was aquatics,
pools and parks. He did the site plans and blueprints for the other two facilities and used
the same numbers for the D.B. site. There may be some difference in the D.B. market.
For example, the cost to match the facades of the community center building would
most likely be more expensive. Industry Hills Aquatics is a gold medal club and the club
received a $250,000 discount for the pools and he felt the price of the pools was the
best possible price. A four to five year take-out loan was being offered at no interest by
the City of Industry. Industry Hills Aquatics would be under contract with D.B. to run the
facility under an initial five-year contract for example. Industry Hills Aquatics would
prefer a longer-term contract with the City and/or management group to use the facility
for the lifetime of the pool, a guaranteed 20 years.
Mr. Shepard responded to M/Chang that the City would own the pool and would be
responsible for any deficit between revenue and operating costs. He also stated that the
City would be responsible for repaying the loan from the City of Industry. In response to
JULY 19, 2005 PAGE 6 CC STUDY SESSION
another question, Mr. Shepard said the facility would require about 220 parking slots to
run a normal meet. In the case of larger meets it would be an overflow situation and
whether the upper D.B. Center parking lot could be used would be up to the City. The
Pacific Palms facility has 102 slots in the lot immediately adjacent to the pool with
another 130 slots across the street and there has never been a parking problem. The
membership is out of the current facility in eight months and he needs to respond to the
teams on July 27 with at least a good faith agreement. Should an insurmountable
geotechnical problem arise at Summitridge the project could not move forward.
However, at this time he needs to provide an artist rend ering/conception to the families
to let them know negotiations are proceeding. The club has $650,000 in revenue that it
can bring to the table and every month that the program is not up and running the
number shrinks and the club starts from a bigger deficit position. He said that the club
wants to be in a new facility no later than 15 months from today.
PUBLIC COMMENT:
Marsha Hawkins asked for a specific number of D.B. families that participate in the
swim programs. Mr. Shepard reiterated that 165 families over the past three years or
about 82 per year participate. In addition, about one-third of the 1100 lesson applicants
are from D.B. Marsha Hawkins asked how many competing members are from D.B. Mr.
Shepard said that four kids from D.B. have been at major universities on full scholarship
that had competed in NCAA and scored in NCAA. One member is a senior and has
been a national swimmer for the past three years. The demographic of the team has
changed over the past two years and the percentage of D.B. kids is much higher than it
used to be.
Mr. Nelson said he is a 19 -year resident of D.B. and has been involved with the Masters
Program at the Aquatic Center for 23 years. His kids took lessons there and his son is
involved in the program. Most of all, this club is prestigious and he likened it to the
Huntington Library coming to the Council indicating that it would like to build a better
library. Industry Hills Aquatics in the world of swimming is a Huntington Library. This is
an outstanding club that has produced Olympic swimmers. This club knows how to run
the facility and has the reputation to attract membership. D.B. would provide a
wonderful demographic for swim programs and this kind of facility would be beautiful at
Summitridge Park.
Mike Shay concurred with Mr. Nelson that the idea and the concept is great. The one
problem is that this City Council is being asked to make a multi-million dollar decision in
eight days. He indicated to Council that this was strictly a business decision and there
are many things to determine before the City begins plowing up Summitridge Park to
build a pool. In his opinion, hasty business decisions ultimately prove to be bad
business decisions.
Mr. Shepard agreed that it was a business decision. Unfortunately, the club was given
the gift of $1.2 million on a short string with a short timeframe in which to act. He would
prefer that there was more time but felt that it was good business to consider the short
JULY 19, 2005 PAGE 7 CC STUDY SESSION
and long term contributions. He believed that a lot of kids would flock to these
programs.
Mike Shay said the math is right but there is more to this project than the math because
there are too many unknowns when it comes to the land and adjacent neighborhoods.
Mr. Shepard reiterated that if something comes back to bite the project everyone walks
away.
Mr. Shepard responded to Nancy Lyons that the proposal to place a pool on the Chino
Hills High School campus included a provision that the high school had first priority of
the facility between 8:00 a.m. and 4:00 p.m. The club has second priority for its revenue
producing programs and the third priority is competitive events. It is up to the school
district to decide when they want to use the facility and it would not be for free, they
would be charged market rate. The club wants to incorporate a water polo group
because it is a huge revenue source.
Mike Spence, D.B.H.S. swim coach, talked about the increasing interest in swim
program at the high school and about how hard the team members worked to maintain
and improve their competitive status.
MPT/O'Connor pointed out that the Parks Master Plan survey that represented 500 "at
random" households revealed that a swimming pool was the number one requested
item.
C/Herrera pointed out that because of the unknown geological determinations the
grading requirements could be significant resulting in a substantial. increase in the
anticipated cost of this project. She would love to have a complex like that proposed by
the swim club. D.B. has talked about this for many years. But she felt the City Council
needed more time to figure out how to come up with $3 plus million dollars. She was
also opposed to taking money from already approved projects. She felt it would be very
difficult to make a decision in the time set forth by the swim club.
C/Zirbes said that while it was a good proposal there was insufficient information to
allow the Council to make an informed decision tonight. Discussion on this matter
should have been brought to Council three, four or five months ago to allow time for
deliberation. The land issues are important considerations. There is no rendering of the
facility that would be placed in front of and in full view of the Diamond Bar Center and
Grand Ave. Are the school districts interested in participating in the construction and
operating of the facility? The loan guarantee needs to be addressed. Is there additional
money available from the City of Industry? Last year they talked about donating $2.5
million and now they're offering $1.2 million with additional money available through a
loan. He would prefer Industry donate the original $2.5 million or the entire $5.5 million.
He asked for more assurance on the revenue aspects and how it would compare to
other programs in the immediate area.
JULY 19, 2005 PAGE 8 CC STUDY SESSION
Mr. Shepard said he expected the Council to respond in this matter and said he was
hoping that after the Council reconvened it could discuss whether it wanted to keep the
matter on the table and would enthusiastically believe it could be done as proposed and
move forward with the project after everything checked out to the City's satisfaction.
C/Zirbes said he would favor a proposal that would guarantee that half of the cost would
be paid by the City of Industry ($2.5 million) with the $2.5 million interest free loan
balance being paid off by revenue from the operation of the facility over a period of 10-
15 years. Mr. Shepard said that he might be able to get more money from the City of
Industry but not to the degree expressed by C/Zirbes.
C/Tanaka said he was excited about the proposal. Unfortunately, it comes at the 11th
hour and he realizes that there are other projects that have been approved and are in
the works. There is also consideration of a new library facility and if there was a way to
do both or if one could come before the other it would be good for the City. He has the
excitement for the project and felt that a $1.2 million gift bore consideration.
MPT/O'Connor said the Council would have to consider the impact to the residents on
Summitridge because swim meets are not quiet and when a facility is used from 6:00
a.m. to 9:00 p.m. the neighbors might not be amenable to the noise.
M/Chang said that upon reflection he would like the Council to have time to consider the
proposal. The community has sought a pool for some time and the facility would provide
good activities that the Council would support. In addition, the swim club offers to bring
a prestigious team to D.B. and also bring in $1.4 million to the City. If the City built a
regular swimming pool it would not make such a significant and positive impact to the
City. If Mr. Shepard could give the City more time the Council should give it more
thought because of the possibility of the contributions toward building and supporting
the center.
Mr. Shepard said it would take about 15 days to prepare a cost analysis, site plan and
site maps.
M/Chang asked if staff could provide a report on the feasibility of Summitridge Park and
the possibility of other sites.
MPT/O'Connor believed the matter should be discussed with the school districts to see
if they were willing to participate.
CM/Lowry stated that there was no way that staff could provide anything of value in 24 -
hours. In order to provide a responsible answer that would deal with a certain amount of
geotechnical issues, site feasibility and appropriateness, access issues and traffic
networking (an expensive proposition in and of itself), reach a comfort level with the
operating budget projections and burn -in period and capital operating needs, determine
accurate construction costs, and determine inflation costs, etc. staff would need a
considerable amount of time to do its homework. In short, staff would need several
months to provide an adequate report and recommendation to Council.
JULY 19, 2005 PAGE 9 CC STUDY SESSION
Mr. Shepard said the contractor told him he could match the Diamond Bar Center
fagade for $300 per square foot or more. Mr. Shepard said that if Council indicated to
him on Monday that they were willing to move forward to consider the proposal he
would advise the Council at that time if the club were willing to wait for D.B.'s decision.
ACM/Doyle told Mr. Shepard that he would need to spend $50,000-$75,000 to come up
with an estimate — soils analysis, traffic engineering, pro -forma, site map, blueprints,
geotechnical, etc.
ACM/DeStefano said the study would have to determine the impact upon the existing
services at Summitridge Park. In fact, from a municipal standpoint there were a number
of factors that would have to be taken into consideration before a decision could be
reached.
Council directed Staff to review the required steps that would need to be taken to
evaluate the proposal and make recommendations to the Council.
PRESENTATION OF LIBRARY TASK FORCE RECOMMENDATIONS REGARDING
THE DIAMOND BAR LIBRARY — DISCUSSION OF THE NEXT STEPS.
ACM/Doyle presented Council with the Task Force conclusions and recommendations
reached during last night's meeting. The Task Force made a number of
recommendations for capital projects to improve the existing facility and related costs.
The County agreed to contribute $25,000 to facilitate the removal of typing booths and
construct a new book display area. Supervisor Knabe indicated that there was a high
probability that he could provide $16,000 for new computers leaving the City with a
proposed expenditure of $13,914 to complete the recommendations. The Task Force is
proposing that the City Council dedicate the funds to buy furniture for a young adults
area and complete improvements to the exterior of the building including flowerpots,
concrete benches and tables.
C/Zirbes recommended that the Council place ,.the matter of contributing $14,000 to
improve the current Diamond Bar Library on a future agenda. Council concurred.
ACM/Doyle further stated that the Task Force recommended that the City Council place
a measure on the ballot to fund the construction of a new library and a separate
measure to fund ongoing operating expenses for the new library.
Questions for Council:
1) Does the Council want to place a measure on the ballot to fund construction of a
new library — yes or no?
2) If the answer is YES how much will the City be asking voters to contribute? The
current estimate to construct the facility today is $13,500,000. The Task Force
recommended that the City contribute at least $3 million toward construction of a
JULY 19, 2005 PAGE 10 CC STUDY SESSION
new facility. If the measure were placed on the ballot to fund $10 million it would
result in an $800,000 annual debt service payment or $45 per year per parcel.
3) If the City does not want to place the matter on the ballot but wants to construct
the facility does the City want to use cash reserves and what does that do to the
reserve funds?
4) Does the City want to place a measure on the ballot for ongoing operating and
additional operating expenses and should there be an annual
escalation/inflationary increase built into the assessment? At $400,000 per year
the annual per -parcel assessment would be $22.
5) And, how does the City want to finance the project.
ACM/Doyle reported that the City has a General Fund operating budget of $17 million.
In the current fiscal year revenues exceed expenditures by about $678,000. However,
the City currently dips into its reserves to fund its capital projects in order to keep up
with infrastructure mitigation. The General Fund reserves are estimated to be $18.6
million at the end of the current fiscal year. However, the current budget does not
account for $990,000 of VLF repayment due to the City within the next couple of
months. He cautioned the Council and community that any reduction in the General
Fund reserves would result in a loss of ongoing revenue that the City generates every
year in interest income and uses to fund ongoing operations. Today staff discussed
alternatives for financing this project that included funding the new library out of the
General Fund and paying back the General Fund by imposing a. specific tax. However,
the tax could at any point in the future either by Council vote or. by a vote of the people
be overturned leaving a General Fund deficit. A reasonable alternative might be to ask
the residents to pay for 50 percent of the construction and ongoing costs. The City
currently has $8.8 million dedicated for economic development and at this point there is
nothing on the horizon that would require the City to set aside that amount for economic
development reserves. Certainly if a golf course project were to move forward some of
that set aside would be used to contribute to the project. The Library Task Force was
unanimous in its recommendation that the City should place something on the ballot
and their specific recommendation was to place something on the November ballot.
Whether or not that would provide time to generate sufficient interest and support in the
project to pass a measure by a two-thirds vote is questionable. With the proper
paperwork the matter could be placed on next June's ballot.
CM/Lowry stated that the 50/50 concept was for Council to pay 50 percent of the
construction cost with 50 percent on a reimbursement parcel tax that would sunset. In
addition the City would fund back 50 percent of the operating costs out of its annual
revenue. Under this scenario the parcel tax would ultimately be less than $30 a year on
a 30 -year bond and another $11 for ongoing expenses.
C/Zirbes felt that the community would get behind a 50/50 concept. There was a
concern about whether November was too soon and the Task Force members and
JULY 19, 2005 PAGE 11 CC STUDY SESSION
residents present during last night's task force meeting were anxious to move the matter
forward to November but it seemed to him that it was a short period of time.
MPT/O'Connor pointed out that the City had already spent $200,000 toward the Library
and she felt the citizens had a right to vote on whether they wanted the Library and the
only way to find out whether the citizens would support the issue would be to put it on
the ballot. She was not in favor of raising taxes but felt it was a decision that the
residents should vote on. If the City waits to put something on the ballot next June it
would result in additional costs to the City. If the proposal were placed on the November
ballot there would be economy of scale.
C/Herrera suggested the item be placed on the August 2 agenda. She would favor
including the item on the November ballot and it would be up to the Friends of the
Library to promote the ballot measure.
ACM/Doyle reiterated that the City could provide information but could not actively
promote or support the measure. Individual Council Members may want to endorse the
measure and could also write the "in favor" arguments for the ballot measure.
Marsha Hawkins said that although it was a relatively short time between now and
November the community had been under the illusion, based on the pad and parking lot
as well as the information relayed to the residents and based on the $3 million that the
City committed, that the library would be built. Momentum has been building for some
time and in particular since the Diamond Bar Center was constructed. She felt that
everyone should be full on -board with the program and get it on the ballot.
Kathleen Newe felt that CM/Lowry's recommendation for a 50150 participation and
parcel tax was the best suggestion offered to date and that the Friends should get
behind the proposal and move forward to get the measure on the November ballot.
A resident likened spending $30 per year to getting one coffee at Starbucks and
believed that the small amount would not necessarily be looked upon as a "tax." The
library is for everyone and has nothing to do with a special interest group and for that
reason it should move forward.
Nancy Lyons said that the library continues to be used by more and more people and
the summer programs turn people away due to lack of space.
Mike Shay complimented staff on their effort to reduce the per parcel tax to $30, a huge
improvement in favor of the residents.
C/Tanaka favored placing the item on the November ballot.
C/Zirbes said he was okay with moving the matter forward but was not comfortable with
some of the numbers apart from what was discussed last night and he was not
comfortable about the City footing half of the building costs.
JULY 19, 2005 PAGE 12 CC STUDY SESSION
M/Chang agreed that it should be placed on the next Study Session agenda for further
discussion.
ACM/Doyle said that staff would like to discuss the matter with bond experts before
putting together actual numbers. The deadline is August 12 for passing the resolutions
that include ballot language to place the matter on the November ballot.
C/Zirbes suggested the Council schedule a special meeting for August 8 in case the
matter is not resolved at the August 2 meeting.
MPT/O'Connor asked if this proposal should be made through the Public Financing
Authority?
CM/Lowry said it would depend on how the Council wanted to finance the library.
C/Herrera suggested meeting on July 26 to further discuss the matter. Council and staff
concurred to hold a study session on July 26 at 5:00 p.m.
MlChang suggested that the City fund the library and ask the community to help with
the construction costs and find another way to fund the ongoing operating costs. He
asked staff to carefully research the ongoing costs of $1.2 million because if the private
sector wanted to run' the facility it would have to raise the money. He would rather not
ask the people to provide the ongoing operating costs. He thought the City may be able
to run the Library more effectively and keep operating expenses at $1.2m. If the
Building and Safety Department were brought in-house the City would realize at least
an additional $100,000. He felt certain that with the efforts toward economic
development, cooperation from the community and involvement of developers the City
could increase its revenue in future years. In short, ask the people to help with the
construction cost and find a way for the City or a private entity to cover the ongoing
costs. He wanted to keep it simple and smart so that the community would make the
decision to move forward.
C/Zirbes said he did not know how the operating costs could be lowered but if there was
a way the Council should be able to discuss it. If the Council decided to use the $8.5
million set aside for economic development the City would be using borrowed money.
However, under this scenario, what income would be lost to the City, how would it begin
to impact the budget and the programs already in place?
M/Chang said that because the City was getting so little interest on the money (about
3.2%) it might be advisable to spend the money rather than borrow at a higher rate of
interest. C/Zirbes said that all related factors should be taken into consideration by staff
when making their report to the Council.
JULY 19, 2005 PAGE 13 CC STUDY SESSION
ADJOURNMENT: With no further business to come before the City Council,
M/Chang adjourned the Study Session at 7:06 p.m.
Linda C. Lowry, City Clerk
The foregoing minutes are hereby approved this day of , 2005.
WEN CHANG, Mayor
Agenda No. 6.1.5
MINUTES OF THE CITY COUNCIL DRAF1
REGULAR MEETING OF THE CITY OF DIAMOND BAR
JULY 19, 2005
STUDY SESSION: Mayor Chang called the City Council Study Session to
order at 5:00 p.m. in Room CC -8 of the SCAQMD/Government Center Building, 21825
Copley Drive, Diamond Bar, CA 91765
► Swim Club Swimming Pool Presentation
► Presentation of Library Task Force recommendations for the Diamond Bar Library -
Discussion of the next steps in the process.
► Public Comments on Study Session Items
M/Chang adjourned the Study Session to the Regular Meeting at 7:06 p.m.
CALL TO ORDER: Mayor Chang called the Regular City Council meeting to
order at 7:15 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr.,
Diamond Bar, CA.
Mayor Chang reported that tonight Council received a report from the Industry Hills Swim
Club on the possibility of a swimming pool in D.B. Council also received a presentation from
the Library Task Force on their recommendations for the existing library and a new library.
The Task Force recommended upgrades to the current facility and that the matter of a new
Library facility be placed on the November ballot. Any concerned residents are invited to
participate in a Special City Council Study Session on July 26 at 5:00 p.m, in The
Government Center/SCAQMD during which the City Council will continue its discussion
regarding a new library.
PLEDGE OF ALLEGIANCE: Mayor Chang led the Pledge of Allegiance.
INVOCATION: Ahmad H. Sakr, Ph.D., Islamic Education Center gave
the invocation.
ROLL CALL: Council Members Herrera, Tanaka, Zirbes, Mayor
Pro Tem O'Connor and Mayor Chang.
Council Member Herrera left the City Council meeting at
7:45 p.m.
Staff Present: Linda Lowry, City Manager; Greg Kovacevich, Asst. City
Attorney; David Doyle, Assistant City Manager; James DeStefano, Assistant City Manager;
David Liu, Director of Public Works; Ken DesForges, IS Director; Nancy Fong, Planning
Manager; Kim Crews, Human Resource Manager; Ryan McLean, Senior Management
Analyst and Tommye Cribbins, Executive Asst.
APPROVAL OF AGENDA: CM/Lowry requested that Consent Calendar Item 6.11 be
corrected to indicate the first reference to a fiscal year as FY 2004-05 instead of FY 2005-
06. The second reference to fiscal year is correct.
JULY 19, 2005 PAGE 2 CITY COUNCIL
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 C/Herrera presented a Proclamation to Jeff Fargot, Regional Parole
Administrator and Paul Toma, T.H. Pendergass Parole Museum Chairman,
proclaiming 100 years of Parole.
1.2 Presentation regarding Starshine Park ADA Retrofit and Improvement Project
was given by CSD/Rose.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/Lowry
reported that the City expects to receive in excess of $900,000 in payback of State
borrowed VLF funds this fiscal year. Since the sum was not included in this year's
budget, the Fund Balance should be $900,000 more than originally anticipated.
3. PUBLIC COMMENTS: Mike Shay, 32 year resident, spoke about the.
proposal to build a new state-of-the-art D.B. Library, consideration of which has
involved many issues and challenges. The Task Force concluded that a new facility
was simply the right thing to do for the City for the following reasons: The current
Library is completely outdated, the new Library would advance the cultural image of
the City and stimulate increased property values, meet the advanced educational
needs of the City's youth and if done properly, would bring additional revenue to the
City. While the Task Force worked very hard on issues and answers, ther
community members have spoken to members of the community at large regarding
a new Llibrary, and the general consensus within the community is that a new
Library would be a tremendous addition to D.B. He reminded residents that when
the Diamond Bar Center survey was conducted a few years ago,the second most
popular priority was a new Library. Earlier this evening the City Council concurred
unanimously to place the construction of a new Library on the November election
ballot so that the people could speak to this issue. He felt that people would speak
loud and clear in support of a new Library. He hoped that on behalf of the youth,
educators and the community in general, each of the Council Members would stand
tall and together on this issue for the good of the community.
Kathleen Newe, Friends of the Library, commended the Task Force on their efforts
toward bringing this matter to the fore and placing the issue on the November ballot.
She appreciated that the Council and staff had worked to make the City fiscally
sound so that a new Library was possible. She hoped that every citizen would
participate and learn what it meant to have a new Library in D.B.
Betts Griffone, Friends of the Library, said that the Friends appreciated the City
Council Members and their concurrence in supporting a ballot measure for a new
Library. During the Study Session reference was made that the Friends of the
Library is a "special interest" group, and she said she believed the Friends was not a
special interest group and that libraries were for everyone.
Marsha Hawkins, President, Friends of the Library and Task Force Member spoke
on behalf of a new Library and cited statistics that supported the value of libraries to
youth in their pursuit of learning and excellence. She reminded the Council that
J U LY 19, 2005 . PAGE 3
CITY COUNCIL
when the current library was built in 1979,it was already below the Los Angeles
County specs for a population of 20,000. "The only better Library for D.B. is a new
Library," she said.
Marie Buckland asked what was happening at the Country Hills Towne Center.
Several people have told her it has become a hangout for undesirables and
wondered if the developer would be improving the property.
4. RESPONSE TO PUBLIC COMMENTS: ACM/DeStefano responded to a
speaker that staff continues to work with MCC Capitaol, the owner of the Country
Hills Towne Center and that the owner is finalizing plans at City Hall for presentation
to the Planning Commission in a Public Hearing that will be scheduled as soon as
the City receives the revised traffic studies for the project. The owner intends to re -
skin the entire center with contemporary architecture, add new lighting, landscaping
and signage as well as a two or three story medically oriented office building at the
southerly portion of the center. Likewise, the owner intends to fill the vacant spaces
with goods and services for the neighborhood, City and Valley. With respect to the
speaker's comments about the center being a hangout for undesirables, he said
that staff would discuss the matter with the Sheriff's Department first thing tomorrow.
5. SCHEDULE OF FUTURE EVENTS:
5.1 Candidate Filing Period — Monday, July 18, 2005 to August 12, 2005 for the
November 8, 2005 City Council Election.
5.2 CONCERTS 1N THE PARK Byran Lyon Jones (Country) — July 20, 2005 --
6:30 — 8:00 p.m., Sycamore Canyon Park, 22930 Golden Spgs. Dr.
5.3 PLANNING COMMISSION MEETING- July 26,2005-7:00 p.m., Auditorium,
AQMD/Government Center, 21865 Copley Dr.
5.4 CONCERTS IN THE PARK Over -Reactors (80's) — 6:30 — 8:00 p.m.,
Sycamore Canyon Park, 22930 Golden Spgs. Dr.
5.5 SPECIAL STUDY SESSION — July 26, 2005 — 5:00 p.m., Room CC -8
AQMD/Government Center, 21865 Copley Dr.
5.5 PARKS AND RECREATION COMMISSION MEETING —7:00 p.m., Hearing
Board Room, AQMDIGovernment Center, 21865 Copley Dr.
5.6 PUBLIC SAFETY COMMITTEE — August 1, 2005 — 7:00 p.m., Diamond
Bar/Walnut Sheriff Station, 21695 E. Valley Blvd., Walnut
5.7 CITY COUNCIL MEETING — August 2, 2005 — 6:30 p.m., Auditorium,
AQMD/Government Center, 21865 Copley Dr.
JULY 19, 2005 PAGE 4
CITY COUNCIL
6. CONSENT CALENDAR: C/Zirbes moved, C/Tanaka seconded to approve the
Consent Calendar as presented with the exception of Item 6.9 with MPT/O'Connor
abstaining from Item 6.2. Motion carried by the following Roll Call vote:
AYES:
COUNCIL MEMBERS:
Tanaka, Zirbes, MPT/O'Connor, M/Chang
NOES:.
COUNCIL MEMBERS:
None
ABSENT:
COUNCIL MEMBERS:
Herrera
6.1 RECEIVED AND FILED PLANNING COMMISSION MINUTES:
6.1.1 Study Session of June 14, 2005
6.1.2 Regular Meeting of June 14, 2005
6.2 RATIFIED CHECK REGISTER — dated July 7, 2005 in the amount of
$343,057.63.
6.3 APPROVED SECOND READING BY TITLE ONLY, WAVED FULL
READING AND ADOPTED ORDINANCE NO. 09(2005) AMENDMENT NO.1
TO DEVELOPMENT AGREEMENT NO. 2004-01 BETWEEN THE CITY AND
LEWIS-DIAMOND BAR, LLC FOR THE DIAMOND BAR VILLAGE PROJECT
(LOCATED AT THE SOUTHEAST CORNER OF GRAND AVENUE AT
GOLDEN SPRINGS DRIVE).
6.4 APPROVED TWO-YEAR CONTRACT EXTENSION OF CROSSING GUARD
SERVICES WITH INTERNATIONAL SERVICES, INC. FOR FY 2005-06
AND 2006-07 WITH A 4.2% (42 CENTS) CPI HOURLY RATE INCREASE.
6.5 ADOPTED RESOLUTION NO. 2005-46: CONFIRMING APPOINTMENT OF
SPECIFIC REPRESENTATIVES TO THE SAN GABRIEL VALLEY COUNCIL
OF GOVERNMENTSH — C/Tanaka, Alternate.
6.6 RATIFIED SALARY INCREASE INCLUDED IN THE FY 2005-06 BUDGET
FOR THE CITY MANAGER IN THE AMOUNT OF 4% COST OF LIVING
ADJUSTMEMT (COLA) AS WELL AS A 2% ANNUAL SALARY INCREASE.
6.7 APPROVED COST OF LIVING ADJUSTMENT (4%) TO THE HOURLY
RATES FOR CITY ATTORNEY SERVICES.
6.8 APPROVED RECLASSIFCATION OF THE ADMINISTRATIVE ASSISTANT
POSITION IN THE PUBLIC WORKS DEPARTMENT TO SENIOR
ADMINISTRATIVE ASSISTANT.
6.10 APPROVED AMENDMENT NO. 5 TO EXTEND LICENSE AGREEMENT
WITH COCA-COLA FOR PLACEMENT OF BEVERAGE SERVING
MACHINES IN CITY PARKS FROM AUGUST 1, 2005 THROUGH JULY 31,
2006.
JULY 19, 2005 PAGE 5 CITY COUNCIL
6.11 AUTHORIZED DH MAINTENANCE, THE CITY'S BUILDING
MAINTENANCE CONTRACTOR, TO COMPLETE AN ADDITIONAL $16,500
OF AS -NEEDED WORK IN FY 2004-05 AND $17,000 OF AS NEEDED
WORK IN FY 2005-06.
ITEMS WITHDRAWN FROM CONSENT CALENDAR:
6.9 AUTHORIZE ADDITIONAL $14,000 PAYMENT TO MARTIN AND
CHAPMAN FOR ELECTION SERVICES RELATED TO THE JUNE 7, 2005
ELECTION AND APPROPRIATE NECESSARY FUNDS FROM GENERAL
FUND RESERVES — (Continued to August 2, 2005).
MPT/O'Connor advised her colleagues that she would be voting "no" on this
item because she was not comfortable with staff's responses to her
questions.
ACM/Doyle responded to M/Chang that the total cost for election services
was $54,000. Staff originally estimated $65,000 based on 22,000 registered
voters and the City is required to provide election materials for all individuals
whether they voted or not.
C/Zirbes asked if the original contract indicated there would be an additional
charge for services beyond the estimated 22,000.
ACM/Doyle responded that Martin and Chapman provided a cost estimate
based on the number of registered voters and when the number of voters
was increased the price increased in accordance with the contract terms of a
certain amount per registered voter.
MPT/O'Connor said she asked staff this question earlier. In the eight years
she has served on the City Council, she has always known that the number
of registered voters was between 28,000 and 29,000, and her question was
why the City was given an estimate based on 22,000 registered voters. As a
result, she was not willing to support the increase because of the lack of
homework on the part of Martin and Chapman. In addition, there are always
extra ballots after election night because of absentee and provisional ballots
that are dropped at the voting places. For this company to charge the City
more, when they had full knowledge that there would be more ballots, does
not make sense to her and she is not willing to pay the bill. If this company is
truly an excellent election service company, they should know how to run an
election. She asked for details about what the election would cost and
believed she had also asked for a copy of the original contract that she did
not receive. For these reasons she could not in good conscience pay any
additional to Martin and Chapman and felt the company should "eat" the
additional cost.
JULY 19, 2005 PAGE 6 CITY COUNCIL
7
C/Zirbes recommended continuing the matter to the August 2 meeting
allowing Council time to review the contract with Martin and Associates and
request legal advice from Counsel regarding the contract and additional
billing.
PUBLIC HEARINGS:
7.1 ADOPT RESOLUTION NO. 2005-47: A RESOLUTION FINDING THE CITY
OF DIAMOND BAR IN CONFORMANCE WITH THE CONGESTION
MANAGEMENT PROGRAM (CMP) AND ADOPTING THE CMP LOCAL
DEVELOPMENT REPORT IN ACCORDANCE WITH CALIFORNIA
GOVERNMENT CODE SECTION 65089.
ACM/DeStefano reported that D.B. participates in the County's Congestion
Management Program, and as a result, each year through a Public Hearing
process, is required to report its findings in terms of the types of programs
the City has initiated or continued that reduce the number of trips on public
streets and to advise the Council of the types of programs that increase the
number of trips that occur on City streets. The Los Angeles County
Metropolitan Transportation Authority has been working with this program for
the past several years and they are presently involved in modifying the
program. It is likely that this is the last year that staff will be reporting to the
City Council in this fashion since it is expected that new rules and policies will
be implemented for use next year that would preclude this type of reporting.
This year D.B. constructed only 18 new Single Family Homes and therefore
had minimal debits established by adding additional trips on the City's
roadways. D.B. continues its programs for trip reduction that include the
City's website, Dial -a -Ride and other transit programs, street improvements,
maintenance expansion, signal enhancements, etc.; and the City remains
well above what other cities in the Los Angeles County area have achieved.
The City is in full compliance with the Congestion Management Program.
Staff therefore recommends City Council adoption of Resolution No. 2005-47
upon conclusion of its Public Hearing.
M/Chang opened the Public Hearing.
With no one present who wished to speak on this item, M/Chang closed the
Public Hearing.
C/Tanaka moved, C/Herrera seconded, to Adopt Resolution No. 2005-47.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Tanaka, Zirbes,
MPT/O'Connor, M/Chang
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Herrera
JULY 19, 2005 PAGE 7 CITY COUNCIL
8. COUNCIL CONSIDERATION:
8.1 APPOINTMENT OF A TRAFFIC AND TRANSPORTATION
COMMISSIONER TO REPLACE NEWLY APPOINTED PLANNING
COMMISSIONER TONY TORNG.
M/Chang asked for Council concurrence to appoint Mike Shay as a Traffic
and Transportation Commissioner.
Mike Shay introduced himself and spoke about his 32 years as a community
member. He currently serves as Vice President of Investor Relations with the
San Gabriel Valley Economic Partnership and the focus of the partnership is
regional transportation. He felt he could serve the community well as aTraffic
and Transportation Commissioner and was grateful to the Council for their
consideration.
MPT/O'Connor moved, C/Tanaka seconded, to concur with the appointment
of Mike Shay to the Traffic and Transportation Commission, Motion carried
by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Tanaka, Zirbes, MPT/O'Connor,
M/Chang
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: Herrera
9. COUNCIL SUBCOMMITTEE REPORTSICOUNCIL MEMBER COMMENTS:
C/Tanaka reported that on Tuesday, July 12 he attended the D.B. Chamber Mixer
following the golf tournament; on July 13 he attended his first WCCA meeting, a very
spirited group involved in regional issues that are pertinent to D.B.; on July 14 he
attended the Pomona Valley YMCA fundraiser; on July 16 he attended the D.B.
Rotary Club installation and celebration of 100 years in community service; and
yesterday he attended the Library Task Force meeting. He commended the Library
Task Force members on their diligence and agreed with their recommendations and
direction.
C/Zirbes stated that two weeks ago he and MPT/O'Connor attended a Town Hall
meeting at Armstrong Elementary School during which more than 100 residents
heard about the City of Industry development. He was pleased that so many
residents participated in the meeting. The Library Task Force has been meeting for
more than a year and he, too, was proud of the work the members had done to date.
He felt that the reality of a new library was much closer with Council's actions this
evening. He thanked M/Chang for participating in the meetings. Last Saturday he
refereed at the D.B. H.S. "six on six" soccer tournament. He congratulated Dan
Nolan on the occasion of his daughter's wedding held at the Diamond Bar Center.
He congratulated Mike Shay on his appointment to the Traffic and Transportation
Commission and said he believed Mr. Shay would do a fine job representing the
JULY 19, 2005 PAGE 8 CITY COUNCIL
community. He spoke about Ed Lindeman and his untimely passing.
MPT/O'Connor spoke about the Industry Business Center Town Forum held
recently. More than 120 residents attended and about 20 spoke about their
frustration at not being able to get answers about the project. The actual impact of
the project remains unknown until the grading plan is established. Mike Kissell,
Planning Director, City of Industry, attended the meeting and answered questions.
D.B. will hold additional meetings as information becomes available. She worked on
the Industry East Subcommittee, and the Committee was able to have very good
mitigation discussions with the City of Industry and with Majestic Realty, the
developer for both projects. Washington Street was not opened, and D.B. has
advised the City of industry that in accordance with the City's General Plan, Sunset
Crossing Rd. would not be opened. She was very excited that Council agreed to
place the Library issue on the November ballot because it was time to let the citizens
decide whether or not to build a new library. The City was unsuccessful in its attempt
to obtain grant funds and at the same time had spent more than $200,000 on the
project.. It was time to move forward to see what the community wants.
MPT/O'Connor reported to the Friends of the Library that she had finished reading
David Baldacci's "Wish you Well." MPT/O'Connor asked that tonight's meeting also
be adjourned in memory of Finance Director Linda Magnuson's sister Brenda
Montague.
M/Chang spoke about the popularity of the Concerts in the Park series and invited
residents to join in the festivities tomorrow evening at 6:30 at Sycamore Canyon
Park. On July 8, as Mayor, he received a group of young children from D.B. Chinese
School. C/Tanaka joined him to help control the situation while he talked to the
children about how City Council meetings are conducted. M/Chang reported that
during the presentation the children were very well behaved. M/Chang stated that
during their fundraising event the YMCA recognized the City and thanked the City
for its contributions to the organization. He too attended the D.B. Chamber Mixer
and said that the City supports the Chamber because supporting the Chamber is
supporting the economy of D.B. He commended MPT/O'Connor, C/Zirbes and staff
on the successful Industry Town Hall meeting. He commended C/Zirbes, Chairman,
and all of the Task Force Members who contributed their time and input toward
findings ways to improve the existing Library and build a new Library.
10. ADJOURNMENT: With no further business to conduct, M/Chang adjourned the
meeting at 8:25 p.m. in memory of Ed Lindeman and in memory of Brenda
Montague, sister of Finance Director Linda Magnuson.
LINDA C. LOWRY, CITY CLERK
JULY 19, 2005 PAGE 9
CITY COUNCIL
The foregoing minutes are hereby approved this day of , 2005.
WEN CHANG, MAYOR
z1geft"U tr 6--2
Meeting Date August 2, 2005
►�,
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Ratification of Check Register dated July 12, 2005 through July 28,2005
and Manual Check Register — dated June 24,2005
RECOMMENDATION:
Ratify Check Registers dated July 12, 2005 through July 28, 2005 and June 24,2005
totaling $1,817,476.80.
FINANCIAL IMPACT:
Expenditure of $1,827,330.33 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 lists of accounts payable bills, in the form of two check registers are being
presented to the City Council for ratification. The check register for the period of July
12, 2005 through July 28, 2005 in the amount of $1,795,253.28 has been created from
the new financial management system. The second register in the amount of
$22,223.52, dated June 24, 2005 is a listing of manual checks recorded in the former
finance system. These checks have not been previously presented to the City Council
for ratification. All payments have been reviewed and approved by the appropriate
departmental staff and the attached Affidavit affirms that the check registers have been
audited and deem accurate by the Finance Director.
PREPARED BY:
Linda G. Magnuson
Finance Director
REVIEWED BY:
Finance i ctor
F\,hq
Ass ista City nager
Attachments: Affidavit and Check Registers — 07/12/05 through 07/28/05 and 06124/05
CITY OF DIAMOND BAR
CHECK REGISTER AFFIDAVIT
The attached listings of demands, invoices, and claims in the form of two check
registers including checks dated July 12, 2005 through July 28, 2005 and June 24, 2005
have been audited and are certified as accurate. Payments have been allowed from the
following funds in these amounts:
Fund #
Description
Amount
001
General Fund
$1,037,807.70
011
Community Organization Support Fund
600.00
112
Prop A - Transit Fund
514,916.49
115
Integrated Waste Management Fund
17,674.88
118
AB2766 - AQMD Fund
8,922.03
125
CDBG Fund
28,381.00
138
LLAD #38 Fund
22,729.97
139
LLAD #39 Fund
22,483.62
141
LLAD #41 Fund
23,679.68
250
Capital Improvement Project Fund
110,720.82
510
Self Insurance Fund
29,560.61
$1,817,476.80
Signed:
Linda G. Magnuson
Finance Director
City of Diamond Bar
Manual Check Register
06/24/05
Check # Payable To Description Account # Amount
63981 Zoological Society of San Diego Day Camp Excursion 001-5350-42410 1,361.25
Total Check 1,361.25
63982 PERS Health July Health Ins Premium 001-21105 20,219.44
Admin Fee - July 001-4090-40086 96.80
Admin Fee - July 001-4060-40093 92.24
Total Check 20,408.48
63983 Wells Fargo Card Services CCCA Conf - City Council 001-4010-42330. CC505 453.79
Total Check 453.79
Total Manual Checks $22,223.52
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CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Preliminary Treasurer's Statement — June, 2005
RECOMMENDATION:
Approve the June 2005, Treasurer's Statement.
FINANCIAL IMPACT:
No Fiscal Impact
BACKGROUND:
Agenda # 6.3
Meeting Date: Aug. 2, 2005
AGENDA REPORT
Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City
Council's review and approval. This statement shows the preliminary cash balances for the various
funds, with a breakdown of bank account balances, investment account balances and the effective
yield earned from investments.
PREPARED BY:
Susan Full, Senior Accountant
DepartrrYerW Head
Attachments:
Treasurer's Statement
CITY OF DIAMOND BAR
TREASURER'S MONTHLY CASH STATEMENT
June 30, 2005
(Preliminary as of 07126105)
SUMMARY OF CASH:
B Gt...
DEMAND DEPOSITS:
EN t? G
($737,507.61)
BAANCE_s..
RECEIp,_TS,
UI58URaEMEI�TS IN QUT: ....
.BALANCE . ''
GENERAL FUND
$26,121,900.12
$653,460.97
$1,368,611.07
$25,406,750.02
LIBRARY SERVICES FUND
0.00
($725,801.81)
INVESTMENTS:
0.00
COMMUNITY ORG SUPPORT FD
(12,072.74)
LOCAL AGENCY INVESTMENT FD
2,234.00
(14,306.74)
GAS TAX FUND
780,418.22
987,646.20
US TREASURY Money Market Account
968,064:42
TRANSIT TX (PROP A) FD
1,466,852.84
118,597.45
138,555.50
1,446,894.79
TRANSIT TX (PROP C) FD
1,137,050.77
65,243.45
396, 726.87
1,202,294.22
ISTEA Fund
0.00
0.00
INTEGRATED WASTE MGT FD
585,230.96
12,566.00
66,655.63
531,141.33
AB2928-TR CONGESTION RELIEF FD
0.00
0.00
AIR QUALITY IMPRVMNT FD
137,959.30
22,194.58
115,764.72
PARK& FACILITIES DEVEL. FD
1,900,857.02
1,900,857.02
COM DEV BLOCK GRANT FD
(3,601.08)
11,568.00
11,053.33
(3,086.41)
CITIZENS OPT -PUBLIC SAFETY FD
236,067.18
87.78
235,979.40
NARCOTICS ASSET SEIZURE FD
317,625.66
317,625.66
CA LAW ENFORCEMENT EQUIP PRG
71,885.21
71,885.21
LANDSCAPE DIST #38 FD
506,109.12
36,851.06
467,258.06
LANDSCAPE DIST #39 FD
285,806.70
26,320.73
259,485.97
LANDSCAPE DIST #41 FD
414,971.71
15,596.55
399,375.16
GRAND AV CONST FUND
58,719.50
58,719.50
CAP IMPROVEMENT PRJ FD
(755,113.05)
126,595.44
(881,708.49)
SELF INSURANCE FUND
1,325,843.72
1,325,843.72
EQUIPMENT REPLACEMENT FUND
197,050.68
197,050.68
COMPUTER REPLACEMENT FUND
(4,061.55)
(4,061.55)
PUBLIC FINANCING AUTHORITY FUN
424,738.02
717.47
28 728.62
396,726.87
TOTALS
$35,194,238.31
$1,049,799.54
$1,845,464.29 $0.00
$34,398,553.56
SUMMARY OF CASH:
DEMAND DEPOSITS:
GENERALACCOUNT
($737,507.61)
PAYROLL ACCOUNT
10,955.80
CHANGE FUND
250.00
PETTY CASH ACCOUNT
500.00
TOTAL DEMAND DEPOSITS
($725,801.81)
INVESTMENTS:
US TREASURY Money Market Acct.
$406,524.05
LOCAL AGENCY INVESTMENT FD
34 321,104.45
34,727,628.50
CASH WITH FISCAL AGENT:
US TREASURY Money Market Account
$245,762.94
LOCAL AGENCY INVESTMENT FD
150,963.93
(Bond Proceeds Account)
396, 726.87
TOTAL CASH $34,398,553.56
Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. There are two LAIF accounts setup. The
regular account's funds are available for withdrawal within 24 hours. The LAIF Bond Proceeds account's withdrawals require 30 days notice.
As a secondary investment option, the City maintains the US Treasury Sweep Accounts with Wells Fargo and the City's Fiscal Agent, Union
Bank of California. Any excess funds are "swept" on a daily basis from the City's bank accounts and are invested overnight in a pool of US
Treasury Notes. Interest is credited to the City's bank accounts on a monthly basis.
L.A.I.F - Effective Yield - June 2005
Wells Fargo Money Mkt -Effective Yield - June 2005
Union Bank Money Mkt - Effective Yield - June 2005
2.967%
2.323%
2.740%
All investments are placed in accordance with the City of Diamond Bar's Investment Policy.
The above summary provides sufficient cash flow liquidity to meet the next six month's
estimated expenditures.
6-4
Linda C. Lowry, Treasurer
Agenda # 6.4 • 1
Meeting Date: August 2, 2005
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Rejection of Claim — Filed by Antonio Rodriguez — July 8, 2005.
RECOMMENDATION: Carl Warren & Co., the City's claims administrator, recommends the City
Council reject the claim filed by Antonio Rodriguez.
FINANCIAL IMPACT: There is no financial implication associated with rejecting this claim. The
claim for damage is for a sum still not determined. Should the claim be successful, it will be paid by
the JPIA.
BACKGROUND: On July 8, 2005, Antonio Rodriguez filed a Claim for Damages with the City
alleging that he was injured while working in the City of Diamond Bar and therefore the City is
responsible. Carl Warren & Co., the City's claims administrator, determined that the claim appears to
be one of questionable liability and has recommended denial. Upon action by the City Council,
appropriate notice shall be sent to the claimant and Carl Warren & Co.
PREPARED BY: Tommye Cribbins, Executive Asst.
REVIEWED BY:
. on
Asst. City Manager
Agenda # 6 4 , 2
Meeting Date: August 2, 2005
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 Zurich American Insurance Company — July 8, 2005.
RECOMMENDATION: Carl Warren & Co., the City's claims administrator, recommends the City
Council reject the claim filed by Zurich Insurance Company.
FINANCIAL IMPACT: There 'is no financial implication associated with rejecting this claim. The
claim for damage is for a sum still not determined. Should the claim be successful, it will be paid by
the JPIA.
BACKGROUND: On July 8, 2005, Zurich American Insurance Co. filed a Claim for Damages with
the City alleging that their insured, Antonio Rodriguez, was injured while working in the City of
Diamond Bar and therefore the City is responsible. Carl Warren & Co., the City's claims
administrator, determined that the claim appears to be one of questionable liability and has
recommended denial. Upon action by the City Council, appropriate notice shall be sent to the
claimant and Carl Warren & Co.
PREPARED BY: Tommye Cribbin , Executive Asst.
REVIEWED BY:
Agenda # 6 .4 . 3
Meeting Date: August 2, 2005
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 Erik and Heather Finkbeiner — July 11, 2005.
RECOMMENDATION: Carl Warren & Co., the City's claims administrator, recommends the City
Council reject the claim filed by Erik and Heather Finkbeiner.
FINANCIAL IMPACT: There is no financial implication associated with rejecting this claim. The
claim for damage is for a sum still not determined. Should the claim be successful, it will be paid by
the JPIA.
BACKGROUND: On July 11, 2005, Erik and Heather Finkbeiner filed a Claim for Damages with
the City alleging that on January 11 and 12, 2005 their property was severely damaged leaving it
uninhabitable. Carl Warren & Co., the City's claims administrator, determined that the claim appears
to be one of questionable liability and has recommended denial. Upon action by the City Council,
appropriate notice shall be sent to the claimants and Carl Warren & Co.
PREPARED BY: Tommye Cr�bbins,
Executive Asst.
REVIEWED BY:
Asst. City Manager
Agenda # 6.4 .4
Meeting Ddte: August 2, 2005
CITY COUNCIL ' y AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Rejection of Claim - Filed by Mr. and Mrs. Michael Murray — July 11, 2005.
RECOMMENDATION: Carl Warren & Co., the City's claims administrator, recommends the City
Council reject the claim filed by Mr. and Mrs. Michael Murray.
FINANCIAL IMPACT: There is no financial implication associated with rejecting this claim. The
claim for damage is for a sum still not determined. Should the claim be successful, it will be paid by
the JPIA.
BACKGROUND: On July 11, 2005, Mr. and Mrs. Michael Murray filed a Claim for Damages with
the City alleging that on January 11 and 12, 2005 their property was severely damaged leaving it
uninhabitable. Carl Warren & Co., the City's claims administrator, determined that the claim appears
to be one of questionable liability and has recommended denial. Upon action by the City Council,
appropriate notice shall be sent to the claimants and Carl Warren & Co.
PREPARED BY: �Cr
TommYibbins, Executive Asst.
REVIEWED BY:
Asst. City M ager
Agenda # 6.4 .5
Meeting Date: August 2, 2005
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 Mr. and Mrs. Thomas Saglime — July 11, 2005.
RECOMMENDATION: Carl Warren & Co., the City's claims administrator, recommends the City
Council reject the claim filed by Mr. and Mrs. Thomas Saglime.
FINANCIAL IMPACT: There is no financial implication associated with rejecting this claim. The
claim for damage is for a sum still not determined. Should the claim be successful, it will be paid by
the JPIA.
BACKGROUND: On July 11, 2005, Mr. and Mrs. Thomas Saglime filed a Claim for Damages with
the City alleging that on January 11 and 12, 2005 their property was severely damaged leaving it
uninhabitable. Carl Warren & Co., the City's claims administrator, determined that the claim appears
to be one of questionable .liability and has recommended denial. Upon action by the City Council,
appropriate notice shall be sent to the claimants and Carl Warren & Co.
mm eACribbins Executive Asst.
PREPARED BY. To y ,
REVIEWED BY:
Asst. City Manager
Agenda # 6 . a, .. 6
Meeting Date: August 2, 2005
CITY COUNCIL ,r 'AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Rejection of Claim — Filed by Firman and Carmen Lopez — July 11, 2005.
RECOMMENDATION: Carl Warren & Co., the City's claims administrator, recommends the City
Council reject the claim filed by Firman and Carmen Lopez.
FINANCIAL IMPACT: There is no financial implication associated with rejecting this claim. The
claim for damage is for a sum still not determined. Should the claim be successful, it will be paid by
the JPIA.
BACKGROUND: On July 11, 2005, Firman and Carmen Lopez filed a Claim for Damages with the
City alleging that on January 11 and 12, 2005 their property was severely damaged leaving it
uninhabitable. Carl Warren & Co., the City's claims administrator, determined that the claim appears
to be one of questionable liability and has recommended denial. Upon action by the City Council,
appropriate notice shall be sent to the claimants and Carl Warren & Co.
PREPARED BY: Tommy Cribbins, Executive Asst.
REVIEWED BY:
Asst. City an ge
COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # 6.4. 7
Meeting Date: August 2, 2005
AGENDA REPORT
TITLE: Rejection of Claim — Filed by Ahdy Ayad — July 11, 2005.
RECOMMENDATION: Carl Warren & Co., the City's claims administrator; recommends the City
Council reject the claim filed by Ahdy Ayad.
FINANCIAL IMPACT: There is no financial implication associated with rejecting this claim. The
claim for damage is for a sum still not determined. Should the claim be successful, it will be paid by
the JPIA.
BACKGROUND: On July 11, 2005, Ahdy Ayad filed a Claim for Damages with the City alleging
that on January 11 and 12, 2005 his property was severely damaged leaving it uninhabitable. Carl
Warren & Co., the City's claims administrator, determined that the claim appears to be one of
questionable liability and has recommended denial. Upon action by the City Council, appropriate
notice shall be sent to the claimant and Carl Warren & Co.
F
PREPARED BY: Tommye ribbins, Executive Asst.
REVIEWED BY:
fm
Asst. City Manager
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # 6.5
Meeting Date: August 2, 2005
AGENDA REPORT
TITLE: Authorize Additional $14,000 Payment to Martin and Chapman for election services
related to the June 7, 2005 Election and Appropriate Necessary Funds from Genera
Fund Reserves
RECOMMENDATION:
It is recommended that the City Council authorize additional payment of $14,000 to Martin and
Chapman Company for election services and supplies associated with the June 7, 2005 special
election and appropriate the necessary funds from General Fund reserves.
FINANCIAL IMPACT:
During FY 2004-05 the City Council appropriated $65,000 from General Fund reserves to pay for the
costs associated with the June 7, 2005 special election. City staff estimated the following costs
associated with the election:
Martin & Chapman $40,000
Elections Consultant $15,000
Postage & Misc. costs .$10,000
Total $65,000
To date, the City has expended approximately $25,000 of the $65,000 budgeted for the special
election.
BACKGROUND:
This was originally presented for Council consideration on July 19t". However, the Council requested
additional information regarding the increased charges at that time. Staff has since provided the
Council with a detailed explanation of the increased charges and it is appropriate for Council to again
consider the item.
DISCUSSION:
In January 2005, the City Council authorized the City Manager to enter into an agreement with Martin
and Chapman to provide election services for the June 7t" special election in the amount of $40,000.
Recently the City received its final bill from Martin and Chapman in the amount of approximately
$54,000. The reasons for the increased cost are explained below.
Martin and Chapman had provided a cost estimate of $40,000 for their services. This original
estimate was based on 22,000 active registered voters and 10 consolidated precincts. In addition it
was estimated that Martin and Chapman staff would only be required to be onsite on election night.
At the time of the June 7, 2005 special election there were significantly more active registered voters
than the 22,000 estimated. Also, there were a number of inactive voters not accounted for in the
original estimate. The City had to be prepared with election materials for these inactive registered
voters should they decide to participate in the election. The number of sample ballots and official
ballot supplies jumped from the 22,000 estimated to approximately 37,000. This resulted in increased
costs for materials provided by Martin and Chapman such as sample ballot material, election day
material, postage, mailing labels, etc.
Also, it was not feasible to consolidate down to 10 precincts. The City was able to consolidate to 15
precincts for the June 7th special election. However, the five additional precincts from the estimated
10 resulted in increased costs.
Finally, the cost estimate provided by Martin and Chapman anticipated their staff being onsite only
once, the night of June 7'h. However, with two candidates being separated by 35 votes on election
night, Martin and Chapman staff was required to return to Diamond Bar on Friday, June 10th to count
the remaining absentee and provisional ballots. This resulted in additional costs to the City.
As a result of these issues, the City incurred additional expenses related to the June 7th special
election. These additional expenses require the City Council to authorize additional payment to
Martin and Chapman and appropriate the necessary funds from General Fund reserves.
PREPARED BY:
R'n
Dave Doyle, Dep y i Manager
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # _ 5 , b
Meeting Date: August 2, 2005
AGENDA REPORT
TITLE: AUTHORIZATION TO PURCHASE ONE 2006 FORD F-250 TRUCK AND TWO
FORD F-350 TRUCKS FOR THE COMMUNITY AND DEVELOPMENT
SERVICES DEPARTMENT AND TO APPROPRIATE $2,338.00 FROM
GENERAL FUND FOR ADDITIONAL COSTS FOR DIESEL ENGINES
RECOMMENDATION:
Authorize.
FINANCIAL IMPACT:
For the Community Services Division, the cost for the Ford F-250 diesel truck is $25,447 including
sales tax and $34,856 including sales tax for the Ford F-350 diesel truck.
The cost for the F-350 truck for the Public Works Division is $32,035 including sales tax.
The FY 2005-06 Municipal Budget was approved by the City Council on June 7, 2005. The purchase
of the trucks was budgeted in the amount of $90,000 as part of the Vehicle Replacement Fund. Due
to the additional costs for diesel engines, $2,338 needs to be appropriated from General Fund to the
Vehicle Replacement Fund.
BACKGROU NDIDISCUSSION:
Two trucks in the Community Services Division will be retiring: 1989 Chevrolet pick-up and 1991
Chevrolet S-10. The new F-250 and F-350 trucks will be used by the Parks Maintenance
Tech nicianllnspector and the' Parks and Maintenance Supervisor, respectively. The second F-350
will be utilized by the Public Works Street Maintenance Worker II. Both of the F-350 trucks have a
Harbor truck body with bins for storage of equipment and materials.
Pursuant to the City's Purchasing Ordinance, it is necessary for the City to secure the lowest
purchase price for materials, supplies, and capital equipment. Staff sent a Request for Proposals to
six automobile dealers to provide price quotes. The vendors included: Carmenita Ford, Claremont
Ford, Fairway Ford, Chino Hills Ford, Peck Road Ford, and McCoy Ford. In response, the following
bids were received:
* The price difference for the F -350's is due to diesel vs. unleaded gas fuel driven engines.
The lowest bidder for the Community Services trucks was Carmenita Ford with a proposal in the
amount of $25,447 including tax for the F-250 truck and $34,856 including tax for the F-350 truck.
The lowest bidder for the Public Works F-350 truck was Claremont Ford with a proposal amount of
$32,035 including tax.
PREPARED BY:
Sharon Gomez, Senior Management Analyst
REVIEWED BY:
Davidt. Li irector of Public Works J
Attachments: Carmenita Ford Bid for F-250
Carmenita Ford Bid for F-350
Claremont Ford Bid for F-350
N
no, Assistant City Manager
Jun -29-05 02:28pm From-Carmenita Truck Center
jRMEMMA4
�° RtvCK CTEjNTCR
HINO
re..�rr; � � puamrum
562-404-0806 T-207 P-002/003 F-861
New Truc'cs • Used Trucks 7fuck Rentals • Truck Leasing
13443 E Freeway Drive Santa Fe Springs, CA 90670
(562)921-1411 • (714) 523-3020
Fax-. (562) 404-4990
Date (V _ 1i�' _
r �� ( 4 r2
—Phone ,
Purchaser —'�4 r T
Address y C ty r a,*r .� 'tic. J Stats C' 11' 411r 7 }�
51
Quantity - Mal[¢
t� ModelI- Z I U K 1 SIC Malo! Year
IU # Sloek * PO #
Irwa hemnw Ordcr :nap you, fublacr to &It terms. eeadiliOnb and agreemeul Xhulned herein, and The AD13MONAL PROVISIONS, printed o¢ rbc revere nide hen nr, rhe
folluwidir `yG•
SpedEvatio ul
Wheelbase Ic
GVW 1-7. 'nb
rront Axle
Front Suspeasina
5lccrino r�r..ra r , I � _
Rcar Axle
Rear Suapeasi0nZ-2E N
Ault Ratio T- • __:13
Brakes c. ,<JI `0L5 L
Brake Equipmeyjl
Frame—
Engine
rame—Engine (, L_
hp at rpm
Engine Brake
Engine Equipment
Radiator_ L1-- C) _
AltcmnMr =12--)
f"SV F4a�i
Batteries !+? 12 �
�1lftausl� 1-tGr��_.Y.�
hila! Tholt Ia] _
Fuel Tank a l- !
Electdeal_ iz Hca(& _
Cab Type S '�
Cab IQquip nent�
RHdi&d L_b= --. - _
Mirrors�'cit�� t2 a.- t/
Fltmt Q (_
Driver's Stat l �ac7t!G _
Passenger icai 1&e r --
Body Data
GaugerGange
'
Gaugrs-
Tire Make
Front Tires
EYour MI
Rear Tires
Rear 'Wheels
Painti, j
i t5 -,1V% -474C 0 C�
Ciel
r,l v�,ic .H4,-4
Warranty Info
a�l r�t-+� l-ry;..Frc, e_y Ff�tCGYfl;Y
ra�� L„�-�--
Terms of Payments Q Open account for days 0 Cash on delivery of truck a Draft of delivery
• If full paymcrrt Is not recolved as iudlcared, !air FOR will W plyd dt ncc rare of 1 1(2% per month or porrien [hereof.
NC]lE: t]¢]cros a Uurae u Included in ills ageemeal ror public ILhdiiy or Fmpery Pkzm gm Is.ummm, paymem ref much ooMcmde i• DO' prvridcd by rbu mgmeraenL
NCMCE: No peso¢ is requled as a caedillvu preeedeal in fluaclup the punkin or all astvmnblin all any Ihtgranm he margodamd of purthtted fl m iik a pafpwlar
IMM49M arpnl or broker.
NOocn r¢ tie Bu r (11 Do Rot fig¢ 0311 agmamant Wforo you and it or if It conraina any hrank mpaas m be Gard in (2) You am eeblhd to a r�mplcrcly 6l(mdAh copy of
tli. �a Pceme¢r (3) Under the law yOrl hnre-tlo Nei p pay of i¢ ldvrneu tbn Cull smOeAt dmf and under mrr.W pvndlPom to cloth a parbfl rchnd of the ima¢re chfrrc.
(4} it y¢u derault it The padarmmnu of your a Nei
under ilio agn smear the vchick may be repossessed and you may le fuljen m torr and liaCiliry for d e unpaid
todebtedaen eviilen"A by thio ajfeepe¢t
NOM FUIJ. PAYMPXr Is Mgmmd ON DELIVECY uuleaa Prlaf ■mn4emean arc apprmed.
Trade II] N0.
Make
Year Madel
Allowance
Payoff
'IhmetidScilitlg Price , i-) ucG
riocumeut Fee 45.66
L,ales Tax % I tr
CA Tire Fee
1Worranly G
Not Licenso Fee 4
Delivered Price
NOTE: This order is subject to the written acceptano: of a Cash Deposit
manager of Carmenita Truck Center, and to the approval of the r -ash Delivery
financing agency, If applicable. IvHdc In
Total Down Payment
tlnputd Balance —
Acc�by Date cVnOuue to he Financed
Finance Charge
contract Valance
cfc Sales Engineer T payments @ $ and _ payments @ S_w�
I agree that this order, indudiug ApAi7TONAL PRO'IISIGNS pdaml on reverse aide hereof, which I read and to which I agree,
0011811 tae the oartra agreement rclaung to sale of said property. I acknowledge receipt of an nxiiv , enraplecoly rrllcd-:113 copy of this
order.
Purebawr x Date
%VHIT[, - F.I. YRLLLOW - riff!— PINK - Ctaeromer GOLDENROD - Finance
Jun -29-05 02:20Pm Frum-Carmanita Truck Cutttsr 582-404-0806 T -20T PA03/003 F-861
CARM�NIaIA n,ew�Trucks • Used Trucks • Truck Rentals • Truck Leasing
i NIf CENTER 13443 E, Freeway Drive Santa Fe Springs, CA 94670
HiNO (562) 9Fax1 (562) 4o4-4990 3.3020
sreFL+H[] � I�11Nm�
Date � zll I b —I
—
Purchaser
' I'G{17b
r t
Purchaser GG "+Rwr+r,Pa� Yi , ___�__
Address ?bZ- CnPL�s fir-- �Clty ui f _State_�zip-
Quantity _Make FoE:t Madel _f=- 356 Cl6 �PC✓ Model Year
iD # _ Stock # _ _ PO # _!,_ —
tiw hamby anter Tom you, Hbjert W ell tetma, camdit amm mad agreemcrt cennlmad beau" and We ADDITIONAL PROVISION$ Pdared oil the nevem sidc he m4 the
fallowfa6
SpeciFicadans
Wheelbase I le S
CrV W t CJ
Front Axle
Front Suspension
Rear Axle
Rear Suapenslon "e
Axle Ratio 7 3
Brakes
drake Equipment
Engine /r... h 710 ,
=V2.'i" hp atlrpm
engine Brake
Engine Equipment _
Traw E U t r7
Radiator_._ (-k,t-) _ —
Alternator 1 U
Batteries_ � Z-•�r7 [ I -
Exhaust _ t-fr:d -z-
Fuel TNUIt RHS__
Fuel Thrill
Electrieal f2 3_e1E_
Cab 'type
Cab Equipment
A/C P Irr LO —
RadioActf &4 _
Mjrrore� '•P � `.CLP, 1�I �Ct�
gum 4' -C-- C ,T^
Driver's Scat �-lUj tl/`LG
Passenger Seat
Body Data
Gauge -:75VO
Gaul r .
Gauge
G=auge
Tire Make
FYo' Tires_.... _. L r�`t_1L5 LGA j
Front Wheels
Rear 'tyres
Rear Wheels_-_-_—`
Paint _
Misc C 0 se I T lF
Warranty Info_.
lav �r__J '.t .Ae-1
[' txo.�ai' iZAr✓, a1.04A,l r().sT+J�i�,�',_
Tereis of Payments p Lipner account for __ days tj Cash on delivery of (ruck Draft of delivery
• If furl payarear is not recaived as Indreafed, interest will be puud at rhe rate or J I/Z% per Month or paorlion Merest.
NUR: Unless ■ ebarp u iaulvdad in thit IF68111 Pt Far pub&- WWII of Property Dominic laamnnra payment for sacb ,averpge im not ptwWcd by Ibis agree maaL
NO17t R, No person is mgeimd as a eohdition precedael w amacbtj the purcb+ss of +a Automobile dint guy inaunece he ampptiatad or p tuJam ed dueuib a particular
ioswa ee agent or bi*ktr.
Notice to the Hoyer (13 Do not ilgp this agmomaal before yea road it rr if it contaim aa,! bholt +pAre+ to be Glted is (2) Veo em entitled to a wdpktely head- copy or
tbh aueemant (3} Uodor the taw yuu have toe tubi to pay oil in advaa z the NO arneum due mud under ornila eandiaou+ to abtmin a partial rotund of the rmans0 eMeg[.
((I you de6ah a the pwfoneanea of your ob ptiou ander this ipeetpant the wbic a +may be ropoaaeased mad you mmy be aubiect to suis and liibillry for the unpaid
LLbtedaers avWonud by true agreement.
NOTR: KILL PAY?AnWr L mqi Lied ON DP.LIVIRY rake ptiar atMAgemeom ate +wand. 4 �,
Trade ID No.
Make _
Year Model
Allowance
Payoff _
Net
Transact on
tielling Price . I u4',' `� rrAj
Document Fee 45,00
inles Tax 7 W- 13^
CA Tlrc Pee ,eL.2
PET
Warranty --
License Fee
0011vered Price
:
This order is subject to the wrillcn acceptance of a Cash Deposit
E.2srr of Carmenita Truck Center, and to the appmva of the Cash Delivery
ncing agency, it applicable. trade In
pled by Date
Sales Engineer
]btal Down Payment
Unpaid Balance
Amount to be Financed _
.Finance Charge _
Con[racl balance
,_ payments @ S� and — paymcam @ S_
I agree that this order, including A14DMONAL PROVISIONS pdot&J on reverse sidc hereof, which I read and to %Vwch I agreo,
consdodtea the tsntirc agreement rely ng to sale of asid property. I scinowledge receipt of an exact, completely filled-in capy of Ibis
order. j
Purchaser X Dale
WF TF, - File YFIO-OW - f fftia Pima - Customer GOLDENROD - Finance
106115/2005 15:11 9096701516 CLMNT FORD FLEET PAGE 02/03
June 15, 2005
Re: 2005 F350 XL, Super Duty 4X2 Dual Rear Wheel
To: City of Diamond Bax
Public Works Division
21825 Colley Dr
Diamond Bar, Cts, 91.765
lett: Jorge Garcia
Mr. Garcia, the following prices is based on ineeting or
exceeding .all specifications regarding this bid for the 2005
Ford. F350 with Harbor's 12ft contractors body.
Selling price $29593.70
Sales tax (5.25%) $ 2441,48
Total $$32035.1$
.If you have any further questions or concerns please
contact ine
L . �jo� 0
kwth
Dennis Gary
Fleet Manager, Claremont Ford
601 AUTO CENTIR DR,, CURT-MONT, CA 41711
("9) 625-8908
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # 6, 7
Meeting Date: August 2, 2005
AGENDA REPORT
TITLE: ACCEPTANCE OF $10,000 SETTLEMENT TO RESOLVE OUTSTANDING CLAIM FOR
DAMAGE TO CITY PROPERTY
RECOMMENDATION:
It is recommended that the City Council accept the $10,000 settlement and release Jin Kyung Park from
further liability.
FISCAL IMPACT:
By accepting the payment, the City would waive $4,120.72 of damages caused by the accident. Since
the City paid for the repairs at the time of the accident out of the Road Maintenance Account, there will
be no need to appropriate funds today.
BACKGROUND 1 DISCUSSION:
On June 18, 2003 Jin Kyung Park was involved in a single -car accident that resulted in damage to two
(2) City traffic signal control boxes near the intersection Golden Springs Drive and Carpio Drive. The
Diamond Bar Sheriff's Department was on -scene, and took a report of the incident that documents the
damage.
Following the accident, the Public Works Department contracted Signal Maintenance, Inc., and a
temporary cabinet was installed June 18, 2003. A permanent replacement was later installed by the
company. Total costs for repairs and equipment totaled $14,120.72.
To recoup the costs of the accident, the City filed a claim with Mr. Park's insurance company, Insurlink
Financial & Insurance Services. After an extended period of time without a response, staff sent a final
notice. At this time, Insurlink reported that the policy held by Mr. Park at the time of the accident covered
damage up to $10,000. It was also reported that Mr. Park was living in the United States on a student
visa and was without the assets to make any form of payment beyond the $10,000 covered by his policy.
Rather than attempt to use expensive and lengthy legal action that may not lead to any significant
reimbursement, we have been advised by City Attorney Jenkins to accept the $10,000 payout covered in
the insurance policy and relieve Mr. Park from any further liability.
Prepared by:
Ryan clean, Senior Management Analyst
Attachments:
aol
David Doyle, Assistant y Manager
1. Insurlink Insurance "Release In Full Settlement and Compromise (Property Damage Only)"
UNITRIN
SPECIALTY LINES INsuRANCE
June 16, 2005
CITY OF DIAMOND BAR
ATTN: DEBBIE GONZALES
21825 COPLEY DR
DIAMOND BAR CA 91765
RE: Our Insured:
Our Claim Number:
Your File Number:
Date of Loss:
Dear Miss Gonzales:
Jin Kyung Park
933911 OAA
103-04698-2923-4
0 4dW rz
�� 3
0
cn
C
CD
r�
The Undersigned has taken over the handling of this file. I am enclosing a Property
Damage release and a declarations page showing that our insured only carries $10,000 in
coverage for this loss.
My understanding is that you wish to have a contribution from our insured for the amount
over the $10,000. I have spoken with him at length (through his cousin as an interpreter)
and have been advised to my satisfaction that he has no other assets.
He is a student here on a Visa. He owns no property and is going to school full time.
Please sign the enclosed release if this settlement is acceptable. If you have any
questions, please contact my office.
Sincerely,
Financ i Inde mpany
i
B Russell
J
Litigation Examiner
(866) 244-8583
21650 Oxnard StreeA Suite 1800, Woodland Hills, California 91367 • PO Box 10360, Van Nuys, California 91410-0360
800.777.4342 6 818.313.8500 • Fax 818.340.4012 • www.unitrinspecialtylines.com
Release In Full Settlement and Compromise
(Property Damage Only)
Claim Number: 933911
For your protection, California Insurance Code § 1871.2 requires the following to appear
on this form:
Any person who knowingly presents false or fraudulent claim for the
payment of a loss is guilty of a crime and maybe subject to fines and
confinement in State prison.
For the sole consideration of ten thousand and 001100 dollars ($10,000.00), the receipt of
which is hereby acknowledged, the undersigned does hereby and forever release Jin
Kyung Park et. al. and discharge and each and all of its agents, heirs, executors,
administrators and all other persons, firms, corporations, associations or partnerships of
and from any and all claims, rights, demands and/or causes of action which the
undersigned may have against any or more of the aforementioned persons and firms for
property damage as a result of an event which occurred on or about the day 18th of June,
2003.
It is understood and agreed that the payment hereinabove acknowledged is in
compromise of a doubtful and disputed claim, and that said payment is not to be
construed as an admission of liability on the part of the persons and firms hereby
released.
The undersigned further declares and represents that no promise, inducement or
agreement not herein expressed has been made to the undersigned, and that this release
contains the entire agreement between parties hereto, and that the terms of this release
are contractual and not a mere recital.
The undersigned further agrees that all rights under §1542 of the Civil Code of California
are hereby expressly waived and understands that said §1542 of the Civil Code of the
State of California provides as follows:
"A general release does not extend claims which the creditor does not
know or suspect to exist in his favor at the time of executing the release,
which if known by hire must have materially affected his settlement with
the debtor."
I understand that no payment or consideration other than the above has been promised
me or will be paid to me.
Page 2
(Release in Full Settlement & Compromise -- Property Damage Only)
Claim Number: 933911
Read before signing:
Witness my hand this day of , at
(Claimant signature)
Address:
CL -092
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # 6_Ra,b,c.d,e
Meeting Date: August 2, 2005
AGENDA REPORT
TITLE: APPROVAL OF LEGISLATIVE SUBCOMMITTEE RECOMMENDATIONS
RECOMMENDATION:
The Legislative Subcommittee recommends that the City Council approve the proposed responses to the
legislative items identified below.
FISCAL IMPACT:
There is no fiscal impact to the City based on the approval of these actions.
BACKGROUND 1 DISCUSSION:
The Legislative Subcommittee meets with staff on a regular basis to discuss and analyze proposed
legislation and its effects on the City. Following their meeting July 26, 2005, the subcommittee has
recommended action be taken on the following pieces of legislation:
S 1294 (McCain/Lautenberg) - Known as the "Community Broadband Act of 2005", this bill
prevents any state from passing legislation prohibiting a public agency from providing
telecommunicationlbroadband technologies to any public or private entity.
Recommended Action: Support
The attached letter of support will be sent to Senators McCain and Lautenberg, Joe A. Gonsalves
& Son, and the National League of Cities.
• SB 760 (Lowenthal) — Imposes a $30 fee on each 20 ft. container unit processed in the Ports of
LA or Long Beach, with 113 of the fees collected going to the AQMD for air quality improvements,
113 going to rail improvements, and 113 going to port security improvements.
Recommended Action: Support, with the suggestion that the fees currently going to the
AQMD be reallocated for transportation infrastructure improvements.
The attached letter of opposition will be sent to Senator Alan Lowenthal, Joe A. Gonsalves & Son,
the San Gabriel Valley Council of Governments, and the League of California Cities.
AB 9222 (Jones), SB 459 (Romero), AB 888 (De La Torre) — A series of bills sponsored by the
AQMD designed to improve air quality through railroad improvements. AB 1222 institutes a
remote sensing program to monitor air pollution caused by locomotives, SB 459 establishes a
mitigation fee for locomotives based on hours of operation, and AB 888 requires rail yard
equipment to be retrofitted to reduce emissions.
Recommended Action: Support
The attached letter of opposition will be sent to Assemblyman Dave Jones, Senator Gloria
Romero, Assemblyman Hector De LaTorre, the League of California Cities, and Joe A.
Gonsalves & Son, and the San Gabriel Valley Council of Governments.
• SB 719 (Romero/Margett) — SB 317 (Margett), which was supported by the Council earlier this
year, has been combined with SB 719 (Romero) to create this new co-authored bill. The bill
includes stiffer penalties for drivers that engage police in vehicle chases as well as trainings for
officers to safely conduct these chases, among other related provisions.
Recommended Action: Support
The attached letter of support will be sent to Senators Romero and Margett, Joe A. Gonsalves &
Son, and the League of California Cities.
• SCA 15 (McClintock), ACA 22 (LaMalfa) - Known as the "Homeowner and Property Protection
Act", these identical bills prohibit local agencies from using eminent domain when it results in later
use by a private party, restricting options for cities to redevelop or improve blighted areas.
Recommended Action: Oppose
The attached letter of opposition will be sent to Senator McClintock, Assemblyman LaMalfa,
Assemblyman Huff, Joe A. Gonsalves & Son, and the League of California Cities.
Please find additional information regarding the above issues on the attached June Legislative
Subcommittee Watch List.
Prepared by:
Rya clean, Senior Management Analyst David Doyle, sistant ' Manager
Attachments:
1. Letter of support for S 1294 (McCain/Lautenberg) to Senators McCain and Lautenberg, Joe A.
Gonsalves, and the National League of Cities.
2. Letter of support for SB 760 (Lowenthal) to Senator Lowenthal, Joe A. Gonsalves & Son, the San
Gabriel Valley Council of Governments, and the League of California Cities.
3. Letters of support for AB 1222 (Jones), SB 459 (Romero), AB 888 (De La Torre) to Assemblyman
Jones, Senator Romero, and Assemblyman De La Torre, Joe A. Gonsalves and Son, the San
Gabriel Valley Council of Governments, the South Coast Air Quality Management District, and the
League of California Cities.
4. Letter of support for SB 719 (Romero/Margett) to Senators Romero and Margett, Joe A.
Gonsalves & Son, and the League of California Cities.
5. Letters of opposition to SCA 15 (McClintock) and ACA 22 (LaMalfa) to Senator McClintock,
Assemblyman LaMalfa, Assemblyman Huff, Joe A. Gonsalves & Son, and the League of
California Cities.
July 28, 2005
The Honorable Senator John McCain
241 Russell Senate Office Building
Washington, D.C. 20510
The Honorable Senator Frank Lautenberg
324 Hart Senate Office Building
Washington, D.C. 20510
RE: City of Diamond Bar, California Support for S. 1294, "The Community Broadband Act of 2005"
Dear Senators McCain & Lautenberg:
Recently, the City of Diamond Bar, California City Council Legislative Subcommittee met to review your
proposed bill, S. 1294, in regards to community broadband services. The subcommittee recommended
to the full City Council that they support S. 1294. Subsequently, on August 2, 2005, the City of Diamond
Bar, California City Council voted to support S. 1294.
Our community strives to provide the best service options for our residents. Due to the topography of our
City, portions the community are unable to receive high speed DSL internet service. To remedy this
problem, we have begun a principal investigation into the possibility of building and operating a
municipally owned wireless mesh network that would extend across the city limits. We believe that a City
network can provide high-speed broadband capabilities to those currently without service and to all
Diamond Bar residents at a significantly lower cost.
Currently, there are several proposals at the state and federal level that aim to prohibit municipally
owned and operated broadband networks. We believe that cities should maintain their right to offer
these services to their residents, particularly when services can be improved and costs lowered. Your
bill, S. 1294, would preserve and protect the rights of cities to pursue these beneficial opportunities.
Thank you for your leadership on this important matter. The City of Diamond Bar, California is proud to
support S. 1294.
Sincerely,
Wen P. Chang
Mayor, City of Diamond Bar, California
CC: City Council/CM/ACM's
Joe A. Gonsalves & Son
National League of Cities
July 28, 2005
The Honorable Senator Alan Lowenthal
California State Capitol
State Capitol, Room 3048
Sacramento, CA 95814
RE: City of Diamond Bar Support for SB 760
Dear Senator Lowenthal:
Recently, the Diamond Bar City Council Legislative Subcommittee met to review your proposed bill, SB
760, in regards the imposition of fees on containers processed in the Ports of Los Angeles and Long
Beach. The subcommittee recommended to the full City Council that they support SB 760, with some
amendments to the current language. Subsequently, on August 2, 2005, the Diamond Bar City Council
voted to support SB 760.
The City of Diamond Bar is committed to improving California's goods movement system SB 760 is a
positive step forward in the quest to make the improvements to the goods movement system that are
necessary to maintain the economy and quality of life in California. As written, SB 760 would impose a
$30 fee on each 20 foot container unit processed at the local ports, with one-third of the fee being
designated for rail improvement projects, one-third being designated for port security improvements, and
one-third designated for the AQMD to improve air quality.
The City of Diamond Bar would like to work with you to discuss amending the legislation to dedicate a
portion of the fees collected under SB 760 to highway infrastructure improvements. At this time, we
believe that the AQMD and Ports have other methods of generating revenue that could be used to fund
portions of the proposed air quality and security improvements, and that the fees collected under your bill
would make the most impact on local communities if used to improve highways and roads. While the full
funding of Proposition 42 in this year's budget is a great start, additional transportation funding sources
must be considered to complete the many important improvements that are needed in our state.
We will continue to work with you to improve the state's transportation infrastructure, goods movement
system, and quality of life standards. We appreciate your leadership on this important matter.
Sincerely,
Wen P. Chang
Mayor
CC: City Council/CM/ACM's
Joe A. Gonsalves & Son
California League of Cities
San Gabriel Valley Council of Governments
July 28, 2005
The Honorable Assemblyman Dave Jones
California State Capitol
P.O. Box 942849
Sacramento, CA 94249-0009
RE: City of Diamond Bar Support for AB 1222
Dear Assemblyman Jones:
Recently, the Diamond Bar City Council Legislative Subcommittee met to review your proposed bill, AB
1222, in regards air quality. The subcommittee recommended to the full City Council that they support
AB 1222. Subsequently, on August 2, 2005, the Diamond Bar City Council voted to support AB 1222.
As a community located in the heart of the Southern California goods movement system, the City of
Diamond Bar is faced with the related challenges, particularly when it comes to air quality. With a major
truck route and two railroad lines nearby, we are often overwhelmed by the polluting emissions of these
vehicles. It is an important priority of our City Council to see these conditions improve in the near future,
thereby enhancing the quality of life of our residents.
AB 1222 takes a positive step towards improving our region's air quality by establishing the Remote
Sensing Pilot Program, which would monitor air pollutants emitted by locomotives. This program will use
remote sensors that measure the levels of emissions released by locomotives, and whether the tested
locomotives meet federal certification standards. The results will then be presented in a report to the
State Legislature by the end of 2006 for their review. We are also pleased to see the cooperation. of the
South Coast Air Quality Management District and the railroad operators in the funding of this program.
Thank you for your leadership on this important matter. The City of Diamond Bar proudly supports AB
1222.
Sincerely,
Wen P. Chang
Mayor
CC: City Council/CM/ACM's
Joe A. Gonsalves & Son
California League of Cities
San Gabriel Valley Council of Governments
Southern California Air Quality Management District
July 28, 2005
The Honorable Senator Gloria Romero
California State Capital, Room 313
Sacramento, CA 95814
RE: City of Diamond Bar Support for SB 459
Dear Senator Romero:
Recently, the Diamond Bar City Council Legislative Subcommittee met to review your proposed bill, SB
459, in regards to air quality and locomotives. The subcommittee recommended to the full City Council
that they support SB 459. Subsequently, on August 2, 2005, the Diamond Bar City Council voted to
support SB 459.
As a community located in the heart of the Southern California goods movement system, the City of
Diamond Bar is faced with the related challenges, particularly when it comes to air quality. With a major
truck route and two railroad lines nearby, we are often overwhelmed by the polluting emissions of these
vehicles. It is an important priority of our City Council to see these conditions improve in the near future,
thereby enhancing the quality of life of our residents.
SB 459 takes a positive step towards improving our region's air quality by instituting a fee on specified
railroad companies that operate in the South Coast Air Quality Management District's jurisdiction. This
fee would then be used to mitigate the impact of air contaminants emitted by locomotives and reduce
public health risks related to these emissions. We believe that the programs created by this fee will
benefit the health and quality of life for residents throughout the Southern California region.
Thank you for your leadership on this important matter. The City of Diamond Bar is proud to support SB
459.
Sincerely,
Wen P. Chang
Mayor
CC: City Council/CM/ACM's
Southern California Air Quality Management District
Joe A. Gonsalves & Son
California League of Cities
San Gabriel Valley Council of Governments
July 28, 2005
The Honorable Assemblyman Hector De La Torre
California State Capital
P.O. Box 942849
Sacramento, CA 94249-0050
RE: City of Diamond Bar Support for AB 888
Dear Assemblyman De La Torre:
Recently, the Diamond Bar City Council Legislative Subcommittee met to review your proposed bill, AB
888, in regards to air quality and rail yard equipment. The subcommittee recommended to the full City
Council that they support AB 888. Subsequently, on August 2, 2005, the Diamond Bar City Council
voted to support AB 888.
As a community located in the heart of the Southern California goods movement system, the City of
Diamond Bar is faced with the related challenges, particularly when it comes to air quality. With a major
truck route and two railroad lines nearby, we are often overwhelmed by the polluting emissions of these
vehicles. It is an important priority of our City Council to see these conditions improve in the near future,
thereby enhancing the quality of life of our residents.
AB 888 takes a positive step towards improving our region's air quality by adopting regulations requiring
rail yard equipment operating in the jurisdiction of the South Coast Air Quality Management District to be
retrofitted with controls or new technologies designed to reduce harmful emissions. We strongly believe
that this program will benefit the health and quality of life for residents throughout the Southern California
region.
Thank you for your leadership on this important matter. The City of Diamond Bar is proud to support AB
888.
Sincerely,
Wen P. Chang
Mayor
CC: City Council/CM/ACM's
Southern California Air Quality Management District
Joe A. Gonsalves & Son
California League of Cities
San Gabriel Valley Council of Governments
July 28, 2005
The Honorable Senator Gloria Romero
California State Capitol, Room 313
Sacramento, CA 95814
The Honorable Senator Bob Margett
California State Capitol, Room 3082
Sacramento, CA 95814
RE: City of Diamond Bar, California Support for SB 719
Dear Senators Romero & Margett:
Recently, the City of Diamond Bar, California City Council Legislative Subcommittee met to review your
proposed bill, SB 719, in regards to police pursuits. The subcommittee recommended to the full City
Council that they support SB 719. Subsequently, on August 2, 2005, the City of Diamond Bar, California
City Council voted to support SB 719.
Those who choose operate a vehicle in an attempt to evade a peace officer endanger the safety and
lives of both peace officers and private citizens. The City of Diamond Bar is committed to the safety of all
of our citizens and peace officers. It is our strong belief that SB 719 will play a positive role in maintaining
safe communities throughout our state by creating awareness programs for private drivers and training
programs for police officers, while revising the state's policies for safe conduct of motor vehicle pursuits.
The bill would also institute stiffer penalties for those engaging police officers in a vehicular pursuit,
including increased incarceration periods.
Thank you for your continued leadership on this important matter. The City of Diamond Bar is proud to
support SB 719.
Sincerely,
Wen P. Chang
Mayor
CC: City Council/CMIACM's
Joe A. Gonsalves & Son
California League of Cities
July 28, 2005
The Honorable Senator Tom McClintock
State Capitol, Room 3070
Sacramento, CA 95814
RE: City of Diamond Bar Opposition to SCA 15
Dear Senator McClintock:
Recently, the Diamond Bar City Council Legislative Subcommittee met to review your proposed state
constitutional amendment, SCA 15, in regards to eminent domain rights. The subcommittee
recommended to the full City Council that they oppose SCA 15. Subsequently, on August 2, 2005, the
Diamond Bar City Council voted to oppose SCA 15.
Introduced in the wake of the recent Supreme Court ruling the case of Kelo vs. New London in
Connecticut, SCA 15, along with ACA 22 (LaMalfa) would prohibit local governments from using eminent
domain if the resulting use was by a private party. However, the state of California already has very
strong laws on the books protecting the rights of home and property owners that restrict the use of
eminent domain. Currently, cities or redevelopment agencies may only use eminent domain in rare
circumstances when there is a clearly defined case of blight under state law. California law already
prevents cities from using eminent domain to take land that may be more valuable for other uses.
After the federal government, redevelopment is the largest source of affordable housing projects in
California, and has revitalized many communities economically and aesthetically. Redevelopment
projects, few of which have no alternative but to use eminent domain, are the leading source of
affordable housing in the state, provide hundreds of thousands of jobs to working Californians, and help
to build a strong economy. With housing costs skyrocketing, the state's economy in recovery, and many
Californians out of work it is imperative that cities retain these powers to better their communities should
the need arise.
For these reasons, the City of Diamond Bar is opposed to SCA 15.
Sincerely,
Wen P. Chang
Mayor
CC: City Council/CM/ACM's
Joe A. Gonsalves & Son
California League of Cities
San Gabriel Valley Council of Governments
July 28, 2005
The Honorable Assemblyman Doug LaMalfa
State Capitol, Room 4177
P.O. Box 942849
Sacramento, CA 94249-0002
RE: City of Diamond Bar Opposition to ACA 22
Dear Assemblyman LaMalfa:
Recently, the Diamond Bar City Council Legislative Subcommittee met to review your proposed state
constitutional amendment, ACA 22, in regards to eminent domain rights. The "subcommittee
recommended to the full City Council that they oppose ACA 22. Subsequently, on August 2, 2005, the
Diamond Bar City Council voted to oppose ACA 22.
Introduced in the wake of the recent Supreme Court ruling the case of Kelo vs. New London in
Connecticut, ACA 22, along with SCA 15 (McClintock) would prohibit local governments from using
eminent domain if the resulting use was by a private party. However, the state of California already has
very strong laws on the books protecting the rights of home and property owners that restrict the use of
eminent domain. Currently, cities or redevelopment agencies may only use eminent domain in rare
circumstances when there is a clearly defined case of blight under state law. California law already
prevents cities from using eminent domain to take land that may be more valuable for other uses.
After the federal government, redevelopment is the largest source of affordable housing projects in
California, and has revitalized many communities economically and aesthetically. Redevelopment
projects, few of which have no alternative but to use eminent domain, are the leading source of
affordable housing in the state, provide hundreds of thousands of jobs to working Californians, and help
to build a strong economy. With housing costs skyrocketing, the state's economy in recovery, and many
Californians out of work it is imperative that cities retain these powers to better their communities should
the need arise.
For these reasons, the City of Diamond Bar is opposed to ACA 22.
Sincerely,
Wen P. Chang
Mayor
CC: City Council/CM/ACM's
Joe A. Gonsalves & Son
California League of Cities
San Gabriel Valley Council of Governments
COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # 6.9
Meeting Date: August 2, 2005
AGENDA REPORT
TITLE: Approval of Resolution Allowing the Wire Transfer of Funds and Setting Limits for Wire
Transfers.
RECOMMENDATION:
It is recommended that the City Council approve the attached Resolution allowing the wire transfer of
funds and setting the limit for wire transfers.
FINANCIAL IMPACT:
None
BACKGROUND:
The City of Diamond Bar occasionally has. a need to transfer funds via wire transfer for debt service
payments and investments. The attached resolution authorizes staff to conduct there business
activities in accordance with the City's adopted Investment Policy.
DISCUSSION:
The City issued debt for the first time in December 2003. It is now time to start repaying that debt and
associated interest. In order to accomplish this, the bond trustee requires that the City transfer the
funds in a timely manner via a wire transfer. These payments are required per the bond covenant on
a monthly basis. In addition, the City is looking to diversify its investments currently held in the Local
Agency Investment Fund. To accomplish this, it is necessary to move the funds to be invested via
wire transfer. It should be noted that any diversification of investments will be made in accordance
with the City's adopted Investment Policy.
The Resolution has set forth designated management staff to make wire transfers on behalf of the
City. These positions include the City Manager, Assistant City Manager — Administration, and the
Finance Director. All wire transfers require the approval of two of the designated management staff.
The attached Resolution has been reviewed by the City Attorney.
PREPARED BY:
Linda G. Magnuson
REVIEWED BY:
Departm nt Head
Attachments: Resolution
Deputy City M-Snager
Resolution No. 2005-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ALLOWING THE WIRE
TRANSFER OF FUNDS AND SETTING LIMITS FOR WIRE TRANSFERS.
WHEREAS, the City of Diamond Bar periodically has a need to make wire transfers of funds from the City's
bank account for debt service payments and investments;
WHEREAS, the City Council of the City of Diamond Bar wishes to set limits and authorize designated
management staff to make wire transfers from the City's bank account;
NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Diamond Bar, does hereby authorize
the City Manager, Assistant City Manager - Administration or Finance Director with secondary approval from
one of the other authorized designated management staff to wire funds from the City's bank account in amounts
not to exceed $1,000,000 cumulatively for any one business day for the purpose of making debt service
payments or making investments as prescribed in the City's approved Investment Policy;
PASSED, ADOPTED AND APPROVED this day of , 2005.
1, LINDA C. LOWRY, City Manager 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 day of , 2005, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ATTEST:
Linda C. Lowry, City Clerk
City of Diamond Bar
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO: CITY CLERK
FROM: DATE:
ADDRESS: PHONE:
ORGANIZATION: � ,�-
AGENDA #/SUBJECT: _
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above,
Signature/
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL,
TO:
FROM:
ADDRESS:
ORGANIZATION:
AGENDA #/SUBJECT:
CITY CLERK
PHONE:
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
Signature
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO: CIT` Y CLERK
FROM: b DATE: I�
ADDRESS: �� G II,( :�I PHQN� i
ORGANIZATION:
AGENDA #/SUBJECT: c rT
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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