HomeMy WebLinkAbout8/16/2005Gay Council Agenda
Tuesday, August 16, 2005
5:00 p.m. — Study Session — CC --S
6:30 p.m. - Reguiar Meeting
The Government Center
South Coast Air Quality Management District/
Main Auditorium
21865 Copley Drive
Diamond Bar, CA 91765
Mayor Wen Chang
Mayor ProTem 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 C. Lowry
Copies of staff reports or other written documentation relating to agenda items are on file
in the Office of the City Clerk, and are available for public inspection. If you have questions regarding
an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours.
In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990,
the City of Diamond Bar requires that any person in need of any type of special equipment, assistance
or accommodation(s) in order to communicate
at City public meeting, must inform
the City Clerk a minimum of 72 hours prior to the scheduled meeting.
Please refrain from smoking, eating or drinking in the Council Chambers.
The City of Diamond Bar uses recycled paper and encourages you to do the same.
DIAMOND BAR CITY COUNCIL MEETING RULES
Welcome to the meeting of the Diamond Bar City Council. Meetings of the Diamond Bar City
Council are open to the public and are cablecast live on Channel 3. You are invited to attend
and participate.
PUBLIC INPUT
Members of the public may address the Council on any item of business on the agenda
during the time the item is taken up by the Council. In addition, members of the public may,
during the Public Comment period, address the Council on any consent calendar item or any
matter not on the agenda and within the Council's subject matter jurisdiction. Persons
wishing to speak should submit a speaker slip to the City Clerk. Any material to be submitted
to the City Council at the meeting should be submitted through the City Clerk.
Speakers are limited to five minutes per agenda item, unless the Mayor determines
otherwise. The Mayor may adjust this time limit depending on the number of people wishing
to speak, the complexity of the matter, the length of the agenda, the hour and any other
relevant consideration. Speakers may address the Council only once on an agenda item,
except during public hearings, when the applicant/appellant may be afforded a rebuttal.
Public comments must be directed to the City Council. Behavior that disrupts the orderly
conduct of the meeting may result in the speaker being removed from the Council chambers.
INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL
Agendas for regular City Council meetings are available 72 hours prior to the meeting and
are posted in the City's regular potting locations, on DBTV Channel 3, and on the City's
website at www.ci.diamond-bar.ca.us. A full agenda packet is available for review during the
meeting, in the foyer just outside the Council chambers. The City Council may take action on
any item listed on the agenda.
ACCOMMODATIONS FOR THE DISABLED
A cordless microphone is available for those persons with mobility impairments who cannot
access the podium in order to make a public comment. Sign language interpretation is
available by providing the City Clerk three business days' notice in advance of a meeting.
Please telephone (909) 839-7000 between 7:30 a.m. and 5:30 p.m. Monday through
Thursday and 7:30 a.m. to 4:30 p.m. on Fridays.
HELPFUL PHONE NUMBERS
Copies of agendas, rules of the Council, CassetteNideo tapes of meetings: (909) 839-7010
Computer access to agendas: www.ci.diamond-bar.ca.us
General information: (909) 839-7000
STUDY SESSION:
0.
10.
CALL TO ORDER:
CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
August 16, 2005
Next Resolution No. 2005-49
Next Ordinance No. 10 (2005)
5:00 p.m., Room CC -8
Library Ballot Measure Issues
Cable TV Franchise Transfer Negotiation Discussion
6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
INVOCATION: Youth Pastor Mike Malatka,
Diamond Canyon Christian Church
ROLL CALL: Council Members Herrera, Tanaka, Zirbes,
Mayor Pro Tem O'Connor, Mayor Chang
APPROVAL OF AGENDA: Mayor
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Presentation of Certificates of Recognition to the Girls Softball Team `The
Diamonds" qualifying for a spot in the ASA State Tournament in Lancaster.
1.2 Introduction of New City Employees:
Public Works: Michelle Chan, Sr. Admin. Asst.; .and Scott Lloyd, Street
Maintenance Worker II.
Community Services: Andee Tarazon, Community Services Coordinator -
Special Events; Krista Berentis, Community Services Coordinator -Athletics;
Alison Meyers, Recreation Specialist -Family and Neighborhood Services;
Lorry Meyer, Community Services Coordinator -Senior Citizens; and Claude
Bradley, Parks and Maintenance Inspector/Technician.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
AUGUST 16, 2005 PAGE 2
3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular
meeting agenda to provide an opportunity for members of the public to directly
address the Council on Consent Calendar items or matters of interest to the public
that are not already scheduled for consideration on this agenda. Although the City
Council values your comments, pursuant to the Brown Act, the Council generally
cannot take any action on items not listed on the posted agenda. Please complete a
Speaker's Card and give it to the City Clerk (completion of this form is voluntary).
There is a five-minute maximum time limit when addressing the City Council.
4. RESPONSE TO PUBLIC COMMENT. Under the Brown Act, members of the City
Council may briefly respond to public comments but no extended discussion and no
action on such matters may take place.
5. SCHEDULE OF FUTURE EVENTS:
5.1 FREE BASEBALUSOFTBALL CLINIC — August 20, 2005 — Beginning at
12:30 p.m., Heritage Park, 2900 S. Brea Canyon Rd.
5.2 PLANNING COMMISSION MEETING - August 23, 2005 — 7:00 p.m.,
Auditorium, AQMD/Government Center, 21865 Copley Dr.
5.3 PARKS AND RECREATION COMMISSION MEETING — August 25, 2005 -
7:00 p.m., Hearing Board Room, AQMD/Government Center, 21865 Copley
Dr.
5.4 LABOR DAY HOLIDAY — September 5, 2005 — City Offices will be closed in
observance of Labor Day. City Offices will reopen on Tuesday, September 6,
2005.
5.5 CITY COUNCIL MEETING — September 6, 2005 — 6:30 p.m., Auditorium,
AQMDIGovernment Center, 21865 Copley Dr.
6. CONSENT CALENDAR:
6.1 City Council Minutes - Regular Meeting of August 2, 2005 — Approve as
submitted.
6.2 Parks and Recreation Commission Minutes — Regular Meeting of
June 23, 2005 — Receive and File.
6.3 Traffic and Transportation Commission Minutes — Regular Meeting of
June 9, 2005 — Receive and File.
6.4 Ratification of Check Registers- Dated July 1, 2005 and August 4 through
August 11, 2005 totaling $744,158.30.
AUGUST 16, 2005 PAGE 3
6.5 Acceptance of Work Performed by 4 -Con Engineering, Inc. for
Construction of Phase II ADA and Other Improvements at Sycamore
Canyon Park; Direct the City Clerk to File the Notice of Completion; and,
Release the Retention Thirty -Five Days after the Recordation Date.
Recommended Action: Accept.
Requested by: Community Services
6.6 Approve A Five -Year Contract Extension of Street Sweeping and Debris
Composting Services with R.F. Dickson Company Inc., with a 3.6% CPI
Rate Increase for the Per Curb Mile Rate, Effective October 1, 2005.
Recommended Action: Approve.
Requested by: Public Works
6.7 Adopt Resolution No. 2005 -XX Accepting, for Purposes of Review, the
FCC Form 394 Submitted by Time Warner Cable, Inc. Relating to a
franchise Transfer and Authorizing the City Manager to Deny the
Transfer Application Without Prejudice and Agree to Extend the
Application Review Period.
Recommended Action: Adopt.
Requested by: City Manager
7. PUBLIC HEARINGS: None
8. COUNCIL CONSIDERATION:
8.1 Appropriation of $14,000 from General Fund Reserves to Fund
Improvements at the Diamond Bar Library.
Recommended Action: Appropriate.
Requested by: City Manager
9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT:
City of Diamond Bar, Benefits of a Comituuity Facilities District
August 4, 2005
Page 1
MEMORANDUM
To: Linda Lowry, David Doyle (City of Diamond Bar)
From: Chris Fisher (MuniFinancial)
cc: Brian Jewett, Habib Isaac
Date: For July 25, 2005
Subject: Benefits of a Community Facilities District
OnTuesday September 26, 2005, the City Council of the City of Diamond Bar held a meeting
regarding financing the construction and operation of a proposed City library. The cost for the
construction is estimated to be $13,500,000 and the annual operation, for the initial year after
construction, is estimated at $100,000. City Council reviewed multiple parcel tax rate scenarios,
provided by MuniFinancial, which calculated three different bond issue amounts resulting in
construction proceeds of $5 million, $7 million, and $10.5 million. Through discussion, the
Diamond Bar City Council approved submitting a measure to the electorate of the City. The
measure initially was intended to be included on the upcoming November election, but through the
open dialogue between the City Council, City Attorney, consultants, and public comment, City
Council decided to submit the measure to the voters in April 2006 in order to provide additional
time for full support and education on the measure.
Since the City decided to push back to the April 2006 special election, there is sufficient time to
explore other financing mechanisms to fund the construction and operation of the proposed
Diamond Bar Library. It was originally recommended to City staff that a City --wide Community
Facilities District ("CFD") be used, due to the distinct and favorable benefits that a CFD has over
a parcel tax to fund and secure any bonds to be issued. The primary reason a parcel tax, rather
than a CFD, was recommended was to enable a measure to be placed on the upcoming November
ballot. With the November timing no longer a consideration, a CFD is again the best option.
Benefits of a Community Facilities District
A special tax, resulting from the formation of a CFD, produces a higher level of security for the
bonds issued by recording a Notice of Special Tax Lien on each Assessor's Parcel subject to the tax
within the City. A backup tax rate is also built into the CFD, which provides 110% coverage on the
annual debt service of the bonds to cover any shortfalls such as delinquencies. With a parcel tax,
there is no explicit authority to pledge the revenues generated by the annual collection of the
parcel tax to the coverage of the annual debt service of the bonds. The City's general fund would
therefore provide security for any shortfall to cover the annual debt service if a parcel tax is
imposed, whereas in a CFD, the land subject to the special tax secures the annual debt service for
the bonds. Due to the difference in the way the bonds are secured, a CFD may also provide a
lower cost of borrowing. A CFD also provides more flexibility in developing fair and consistent
tax rates. There is nota set formula for calculating the number of tax rates, or amount of each tax
rate with a CFD, only that the rates derived are equitable. The tax rates may include a rate for
Single -Family properties, Multi -Family properties (on a per unit basis), a rate for undeveloped
properties for the construction of the Library (excluding the operational cost), and a rate that
captures and fairly taxes commercial property. This could generate more taxable properties, units,
and acres, which in turn reduces the average tax rates imposed.
MunlFinanclal
CITY OF DIAMOND BAR
PROPOSED COMMUNITY FACILITIES DISTRICT
LIBRARY
Page I of2
RESPONSWLE PARTY
DATE
813!2005
ACTION oiltTASKTO PERFORM
Kirk-offhfeeling
Muni and City
• Discuss Ob'ectives and City Goals and Policies regarding the use of Mello -Roos Act
Create List of Parties involved
8/5/2005
City Contacts, Muni Consultants involved, City Attorney, etc
Muni
• Distribute Timeline
Obtain APNs ofpraperties within boundaries ofproposed Conturanity Facilities District (CFD)
8/812005
Create Parcel Database for entire City
Muni
• Obtain Registered Voter Data from the Registrar of Voters
Begin Drafting Boundary Ma
City of Diamond Bar Draft Goals and Policies regarding use of Mello -Roos Act
Statemen€ declaring Priority of Facilities to be Financed
Credit Quality to be required on bond Issues. (Value -to -Lien Ratio, Reserve Fund, Capitalized Interest,
8/812005
Foreclosure Proceedings, Absorption Study, Exceptions)
City Attorney
• Disclosure Requirements
Criteria for Evaluating the Equity of Special Tax Formula
• Statement Re ardin Appraisal -.3:1 ratio pursuant to Section 53345.8 of CA. Government Code
Draft Rate and Method ofApportionnient
8/15/2005
Define Facilities and Services to be Financed
Muni and City
Confirm Bond issue Amount
• Identify Special Tax Classifications
8122/2a0s
Distribution
Munk
• First Draft of Pro Forma
Conference Call
8123!2005
Review and Discuss Pro Forma
All
' Discuss any Amendments to Timeline
Resolutions for Intent Meeting
August 23rd thru
Finalize Goals and Policies regarding the use of the Mello -Rams Act
Muni 1 City Attorney 1 Bond
September 6th
Create Resolution of Intention
Counsel
Create Resolution oflntentian to Incur Bonded ludebtness
Create Resolution Aproving Boundary Ma
9!612005
CITY COUNCIL MEETING
City
• Adopt Goals and Policies regarding the use of the Mello -Roos Act
Docrunent Distribution
9/7/2005
Final Draft of RMA Distributed to Project Team
Muni
Boundary Ma
Final Checklist and Delivery ofDocuareats Needed for Intent Meeting
9/912005
Deliver Final RMA to City
Muni / City Attorney
Deliver Final Boundary Map To City
• Deliver Resolutions for Intent Meetin
9/12/2005 JCio,
Creates AgendalternforlirtentMeering
City
INTENT MEETING
Adopt Motion by City Council to Fonn CFP
9/20/2005
Adopt Goals and Policies For CFD - (if not already adopted on Sept 6th)
City
Adopt Resolution oflatention to Establish CFD -(includes approval of boundary map)
Adopt Resolution offntention to Incur Bonded Indebiness
• Set time and place of Public Hearin
9/23/21105
Prepare Notice ofPublleHearing
Muni
9/2612005
Prepare CFD Report for Public Hearing
Muni
€0/412005
Record Boundary Map
Muni
10117/2005
Deliver CFF Report to City
Muni
10117/2005
Notices !nailed out to Registered Voters - (No Later than 15 Days Prior to Public llearino - Optional
City
10/2112005
City Publishes Notice of Public fleariog- (No Later Bran 7Days prior to Public Hearing)
City
Page I of2
MuniBinancial
CITY OF DIAMOND BAR
PROPOSED COMMUNITY FACILITIES DISTRICT
LIBRARY
** Council Meetings are an the First and Third Tuesday of Every Month at 6:30 p.m.
Page 2 of 2
RESPONSIBLE PARTY
DAIT
ACTION ORTASK TO PERVOICNI
Resoluelons for Public Hearing
Muni / City Attorney I Bond
10!2112005
Resolution on Necessity to Incur Bonded Indchtness
Counsel
Resolution of Formation - Includes Callin • of Special Election and Settina Election Date
10!2412005
City Creates Agenda Ileal for Public Ifearhrg
City
PUBLIC HEARING
• City adopts Resolution of Formation
111112005
Adopt Resolution calling for Special Tax Election
City
• Adopt Resolution on Necessity to Incur Bonded Indebtness
• Set Election Date
City Provides Registrar of Voters within 3 days of Public hearing
1 11412 00 5
Signed Resolution of Formation
Muni end City
Boundary Map of District
Description fBoundzrics;
1118!2005
City Clerk Publishes Resolution to Incur Bonded Lrdebtness Notice for Special Baud Etectloa
City Clerk
Election Preparation
September-
Ballot Materials
Muni /City Attorney! Band
December
Impartial Analysis
Counsel
• Arguments -For and Against
Rebuttals
APRIL SPECIAL
ELECTION DATE
Registrar of Voters
ELECTION
COUNCIL MEETING
4/1$!2006
Adopt Resolution Declaring Election Results
City
if 213rds approval, 1 st reading of Ordinance Authorizing Elie Lcyx of 5 ecial Taxes
4125!2406
Record Notice of Special Tax Lien
Muni
51272005 ISecond
Reading of4rdlnauceAathorigingthe Levy ofSpecia!Tares
City
** Council Meetings are an the First and Third Tuesday of Every Month at 6:30 p.m.
Page 2 of 2
CITY OF DIAMOND BAR
MEMORANDUM
TO: Honorable Mayor and Members of the City Council
FROM: Dave Doyle, Assistant City Manager
DATE: August 16, 2005
SUBJECT: Overview of Library Ballot Issue Discussion
For tonight's study session, we will be discussing issues related to the City
placing a ballot measure on an upcoming election in either April or June. So that
we make should to address all the issues, I thought this summary would be
helpful.
Financing Mechanism
Muni -Financial will be here to discuss their recommendation to create a City-wide
Community Facilities District (CFD) to secure the repayment of the bonds. Muni
Financial will review what a CFD is, how it works, the timeline and process to set
up the District. Based on the timeline requirements for the creation of a CFD, it is
important for Council to provide firm direction regarding the date of the election.
Rate and Method of Apportionment
By creating a CFD, the City can assess each type of unit (dwelling and
commercial) rather than a per parcel charge. Muni Financial will review the
advantages of this type of assessment structure and how it could potentially
lower the individual assessments.
Election Date
April or June -- Either date will require the City to pay election costs. An April
election would be a stand alone City election while a June election would be a
consolidated County election.
Low Income Exemption
Council should provide direction that its intent is to have a low interest income
exemption.
Council action date
Does the City Council want to take action on this matter prior to the November
election or will the Council defer any action to place this measure on the ballot
until after the November City Council election.
STUDY SESSION NO. 1
NO DOCUMENTATION AVAILABLE
Study Session #2
Study Session -- Adelphia -- Time Warner Transfer
Diamond Bar —Tuesday, August 16, 2005
• Summary of Transfer Application -- Organization Chart showing
transaction (see July 25, 2005 letter exhibit)
• Identification of Controlling Interest — General Facts Time Warner — (See
Form 394 Cover letter and exhibits)
• Due Diligence Findings — Issues Summarize timing of letters and replies
1) Many questions left unanswered -- Transaction may not
consummate exactly as planned
2) Still not clear who system transferee will look like in the end
3) Many questions regarding local operations not addressed
4) Certain financial details not provided
5) Contingencies exist in documents that have not been provided for
inspection and review — additional due diligence is needed.
Compliance Audit, Franchise Fee audits and Corrective Actions
1) Local studio and Government access grant
2) Amounts owed from miscoded addresses
3) Customer service call center performance below franchise
compliance standard — notice of breach sent
4) Audit underway to determine additional fees owed
• Concerns of staff regarding new management and operational changes
after transaction closes:
1) Retiering of system — channel changes regarding city channel
2) Programming --changes (new or deleted channels)
3) Changes in local management and staff --system consolidation,
ability to handle new call volumes
4) Equipment --hardware upgrade --downgrade
5) Proposed rate schedules changes
6) Changes is system maintenance practices
7) Impacts in Customer Service
Legal and Practical Ramifications, Process Issues, and Strategy
1) Retiering of system — channel changes regarding city channel
2) Acceptance of application
3) 120 day deadline for approval — October 14, 2005
4) Deny without prejudice
5) Extend timeline
6) Conditional approval
7) Reimbursement of costs
Agenda No. 6.1
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
AUGUST 2, 2006
')RAPI-
CLOSED SESSION: 6:00 P.M., Room CC -8
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: Mayor Chang called the Regular City Council Meeting tc
order at 6:30 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr.,
Diamond Bar, CA.
Mayor Chang reported that the City Council held a Closed Session regarding potential
litigation against the City. No reportable action was taken.
PLEDGE OF ALLEGIANCE: Boy Scout Troop 788 Presented the Colors and led the
Pledge of Allegiance.
INVOCATION: Chaplain Elvin Miranda, Jr., Los Angeles County Fire
Department 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 and Linda Magnuson,
Finance Director.
APPROVAL OF AGENDA:
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
BUSINESS OF THE MONTH:
1.1 Mayor Chang presented a City Tile to Delilah Knox Rios, owner of The Law
Office of Delilah Knox Rios, Business of the Month for August 2005.
AUGUST 2, 2005 PAGE 2
CITY COUNCIL
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/Lowry stated that
last week during the Study Session Council reviewed possible financing options for
construction of a new Library. The Council unanimously directed staff to prepare a
ballot measure asking the voters whether or not they wish to finance $10.5 million of
an estimated $13.5 million construction cost and 50% of the estimated increase in
the operating cost, through a new parcel tax, if in fact a new library was constructed.
Due to the lack of time to prepare such a measure the item is not on tonight's
agenda. Staff intends to bring additional information to the Council in a future study
session, and if appropriate, place other action items on the Regular meeting agenda
for Council action.
3. PUBLIC COMMENTS: Jerry Hamilton said that last week he witnessed
the worst traffic situation he had seen during his many years in D.B. The streets
were blocked in both directions at Diamond Bar Blvd. and Grand Ave. At about 3:00
p.m, fire engines left the station and were unable to proceed through the City.
Because of this issue he spent the next four days visiting with fire personnel at the
station and received feedback that the worst thing that D.B. had done was to install
dividers because the trucks are unable to cross into oncoming lanes. He
recommended that instead of removing dividers, every main street through D.B.
should have a bicycle path wide enough to accommodate emergency vehicles.
Further, that anyone misusing the lane should be fined $500. He stated that the
Fire personnel he spoke with agreed that he had a good idea.
Kathleen Newe, "The Friends of the Library" spoke in favor of building a new library
at the lowest possible cost. She was present tonight because she thought that
Council would be making a decision and was pleased to learn that staff would take
the necessary time to properly formulate the ballot measure. The Friends were also
concerned about another special election should the election be held in April. As
much as The Friends want a new library it is most important that the measure be
placed on the ballot at the appropriate time to insure a favorable outcome.
Marsha Hawkins, on behalf of The Friends of the Library, offered support of the
library measure the manner Council and staff determine the matter should be placed
on the ballot. She stated, however, that the City Council considers including a low-
income exemption and that Council considers not placing the burden of a special
election on the residents.
Clyde Hennessee said that two years ago the City financed construction of the
Diamond Bar Center and it is now costing the City money. The goal was to pay off
the construction costs in three to five years; however, there has been no effort to
pay off the total but instead the City is now encumbered for 15 to 20 years. In the
long run the Center will cost the City many more dollars than it cost to build. People
are in a hurry to build a library because it will cost more money the longer the City
waits. If the City cannot pay off its indebtedness it should not be building a library
unless it is built on a pay-as-you-go basis. The taxpayers should not be burdened
with another tax. The library could have been built some time back. When something
is too costly and is not really relevant to the people and the City, it should be cut
whether or not it makes someone look good in the process. He said he was not
AUGUST 2, 2005 PAGE 3 CITY COUNCIL
opposed to a new library, only to the way it would be built and financed.
4. RESPONSE TO PUBLIC COMMENTS: CM/Lowry explained that the City
holds a regular election every November odd calendar years. Elections held at any
other time are considered "special" elections. In April the County will most likely not
hold an election. Therefore, the City would not be able to consolidate its ballot
measure with the County. When cities consolidate with the County the cities save
about $20-30,000. However, the cities still pay the County all of the costs
attributable to the cities in order to provide an election format. If D.B. held an April
election the City would be "on its' own" and it would cost the City about $80,000.
Both types of elections are "special" elections. The cost of doing a consolidated
election with the County would be similar to the cost of this November's election
since it is a consolidated election with the County of Los Angeles.
CM/Lowry stated that last week's horrendous traffic problem was a "perfect storm" of
traffic conditions resulting from a major freeway accident over which the City had
virtually no control. She cautioned the speaker that there are implications including
questions of additional liability that come with redesigning City streets and creating
new pathways and opportunities inside of medians.
5. SCHEULE 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.
AUGUST 2, 2005 PAGE 4 CITY COUNCIL
6. CONSENT CALENDAR: C/Zirbes moved, C/Tanaka seconded to approve
the Consent Calendar with the exception of Consent Calendar Item 6.8(b) and with
C/Zirbes and MPT/O'Connor voting "NO" on Consent Calendar Item 6.5. Motion carried by
the following Roll Call vote:
AYES: COUNCIL MEMBERS
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Herrera, Tanaka, Zirbes, MPT/O'Connor,
M/Chang
None
None
6.1 CITY COUNCIL MINUTES:
6.1.1
Regular Meeting of June 21, 2005 — Approved as amended.
6.1.2
Study Session of July 5, 2005 — Approved as amended.
6.1.3
Regular Meeting of July 5, 2005 — Approved as submitted.
6.1.4
Study Session of July 19, 2005 — Approved as amended.
6.1.5
Regular Meeting of July 19, 2005 — Approved as submitted.
6.2 RATIFIED CHECK REGISTER 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.
6.4 REJECTION OF CLAIMS:
6.4.1 Filed by Antonio Rodriquez on July 8, 2005.
6.4.2 Filed by Zurich American Insurance Company on July 8, 2005.
6.4.3 Filed by Erik and Heather Finkbeiner on July 11, 2005
6.4.4 Filed by Mr. and Mrs. Michael Murray on July 11, 2005.
6.4.5 Filed by Mr. and Mrs. Thomas Saglime on July 11, 2005.
6.4.6 Filed by Firman and Carmen Lopez on July 11, 2005.
6.4.7 Filed by Ahdy Ayad on July 11, 2005.
6.5 AUTHORIZED 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). C/Z'irbes and
MPT/O'Connor voting No.
6.6 AUTHORIZED PURCHASE OF ONE (1) 2006 FORD F-250 TRUCK AND
TWO (2) FORD F-350 TRUCKS FOR THE COMMUNITY AND
DEVELOPMENT SERVICES DEPARTMENT AND APPROPRIATED $2,338
FROM GENERAL FUND FOR ADDITIONAL COSTS FOR DIESEL
ENGINES.
6.7 ACCEPTED $10,000 SETTLEMENT TO RESOLVE OUTSTANDING CLAIM
FOR DAMAGE TO CITY PROPERTY.
AUGUST 2, 2005 PAGE 5 CITY COUNCIL
6.8 APPROVED LEGISLATIVE SUBCOMMITTEE RECOMMENDATIONS:
(a) Supporting - 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.
(c) Supporting - AB1222 (JONES), SB 459 (ROMERO), AB888 (DE
LATORRE) — SERIES OF BILLS SPONSORED BY THE SCAQMD
DESIGNED TO IMPROVE AIR QUALITY THROUGH RAILROAD
IMPROVEMENTS. AB1222 INSTITUTES A REMOTE SENSING
PROGRAM TO MONITOR AIR POLLUTION CAUSED BY
LOCOMOTIVES, SB459 ESTABLISHES A MITIGATION FEE FOR
LOCOMOTIVES BASED ON HOURS OF OPERATIONS AND AB888
REQUIRES RAIL YARD EQUIPMENT TO BE RETROFITTED TO
REDUCE EMISSIONS.
(d) Supporting - SB 719 (ROMERO/MARGOT) — 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.
(e) Opposing - SCA 15 (MCCLINTOCK), ACA 22 (LAMALFA) —
"HOMEOWNER AND PROPERTY PROTECTION ACT." THESE
IDENTIAL 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.
6.9 ADOPTED RESOLUTION NO. 2005-48: ALLOWING THE WIRE TRANSFER
OF FUNDS AND SETTING LIMITS FOR WIRE TRANSFERS.
ITEMS WITHDRAWN FROM CONSENT CALENDAR:
6.8 APPROVAL OF LEGISLATIVE SUBCOMMITTEE RECOMMENDATIONS
(Continued):
(b) SB760 (LOWENTHAL) -- IMPOSES A $30 FEE ON EACH 20 FOOT
CONTAINER UNIT PROCESSED IN THE PORTS OF LA AND LONG
BEACH, WITH 1/3 OF THE FEES COLLECTED GOING TO THE
SCAQMD FOR AIR QUALITY IMPROVEMENTS, 1/3 GOING TO
RAIL IMPROVEMENTS, AND 113 GOING TO PORT SECURITY
IMPROVEMENTS.
AUGUST 2, 2005 PAGE 6 CITY COUNCIL
M/Chang asked if the recommendation was for 20 -foot containers only
and not for the 40 -foot containers. SA/McLean explained that the
provision would extend to a 40 -foot container for a fee of $60.
M/Chang felt that the subcommittees' recommendation was intended
to have a portion of the money allocated for freeway infrastructure
improvement.
SAA/McLean stated that the subcommittee recommended that the
Council include in its letter of support a request to re -allocate some of
the funds included in the Bill to highway improvements and that the
subcommittee would request that the percentages be adjusted to
indicate that a portion of the funds would be used for highway
infrastructure improvements.
M/Chang felt that the recommendation would be ineffective.
C/Herrera said that no funds were allocated for highway improvement.
AQMD has their own sources for funding and it was also the position
of Alameda Corridor East Construction Authority that some of the
funds should be taken from AQMD ($20) and put toward highway
improvement. It was merely a suggestion in a letter addressed to the
author of the Bill and it was felt that as he received support from
various jurisdictions that the language of the Bill might be modified.
MPT/O'Connor asked if C/Herrera had spoken with Senator Margett
about his "NO" vote.
C/Herrera responded that it was a question of "no new taxes." The
subcommittee asked Senator Margett to ask the Governor and Sharon
Neely to reconsider. It was a Party response on his part. She
explained to the Senator how congestion has been heaped on the San
Gabriel Valley and how the air quality is compromised especially along
the SR 60. The Subcommittee asked him if he would please write a
letter on behalf of his Cities to the Governor asking him not to veto the
Bill; Senator Margett agreed to do so.
MlChang felt that the Southern California infrastructure was not
sufficient to accommodate the traffic and transportation needs of the
area and that in addition the air quality was suffering from the
increased traffic. Since additional fees are being placed on the
containers money should be set aside for infrastructure and air quality
mitigation. Since August 1 containers are required to pay $80 to
improve the facility and handling at the harbor. Almost 10 million
containers per year arrive at two south California ports — San Pedro
and Long Beach. This Bill imposes an additional amount. He said he
did not disagree with solving the problem but he did disagree with the
proposal because the Bill did not address the infrastructure problems.
AUGUST 2, 2005 PAGE 7 CITY COUNCIL
For that reason he could not support the proposal. He recommended
instead that the Council send a letter to Mr. Lowenthal outlining the
problems the San Gabriel Valley faces, that AQMD is receiving
monies from other areas to help with air quality and that the San
Gabriel Valley needs money for infrastructure.
MPT/O'Connor seconded M/Chang's recommendation.
C/Zirbes agreed with M/Chang and wondered what changes M/Chang
wanted to make to the letter being sent to Mr. Lowenthal because the
letter addresses reallocating money for infrastructure.
M/Chang said he did not agree with the burden of $30 and $60 on the
containers because it would eventually be passed along to the
consumer.
C/Zirbes again asked what language M/Chang would like to send to
Mr, Lowenthal because he believed everyone agreed that with all of
the building going on in Southern California there were no new
freeways and roads to handle the extra traffic. How will the cars get to
and from the areas east of D.B.? Earlier this evening a resident spoke
about the truck accident on the SR 60 and how it locked traffic up in
the City. The SR 60 is loaded with trucks and will continue to be
loaded with trucks. He agreed that if the Lowenthal bill were to pass
funds should be reallocated to infrastructure improvement.
C/Herrera offered a substitute motion to table action on SB760
(Lowenthal) and send it back to the City Council Legislative
Subcommittee for further work on the letter with M/Chang's input to
staff about the proposed language.
C/Zirbes seconded the substitute motion.
M/Chang reiterated his disagreement with the funding allocations and
recommended that the Council not support the bill as proposed.
MPT/O'Connor felt M/Chang's goal could be achieved by sending the
letter contained in the Council's packet if Council re: SB760 and take
out the two sentences in the first paragraph that state "the
subcommittee recommended....." and leave in language that indicates
D.B. would like to work with Mr. Lowenthal to discuss amending the
bill.
C/Herrera felt that it would be advisable for the Subcommittee to work
on the language of the letter.
AUGUST 2, 2005 PAGE 8 CITY COUNCIL
FA
Motion carried on C/Herrera's substitute motion by the following Roll
Call vote:
AYES:
NOES:
ABSENT:
PUBLIC HEARINGS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
None
COUNCIL CONSIDERATION: None
Herrera, Tanaka, Zirbes,
MPT/O'Connor, M/Chang
None
None
9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
C/Herrera thanked Congressman Gary Miller for $9.6 million for the Lemon On/Off
Ramp Project and $1.2 million for Grand Ave. Beautification.
C/Tanaka said that on July 20 he attended the Concert in the Park. He and
C/Herrera attended the T.H. Pendergast Museum 100 years of Parole celebration at
Region IV Headquarters in D.B. on July 21. On that same evening he attended the
San Gabriel Valley Leadership 21 Program presentation sponsored by. the San
Gabriel Valley Council of Governments and .fhe San Gabriel Valley Economic
Partnership in cooperation with the University of Southern California. On Tuesday,
July 26 he and C/Herrera as Legislative Subcommittee members reviewed proposed
legislation. That evening the City Council held its Study Session regarding the
proposed library. On Wednesday through Friday July 27 through 29 MPT/O'Connor,
CM/Lowry and he attended the League of California Cities forum for mayors and
council members. On August 1 he and M/Chang attended the 2005 World Summit
on Love and. Peace at the Diamond Bar Center that was followed by the ringing of
the Bell of Peace at Pacific Palms. That evening he attended the Public Safety
Committee meeting at the Walnut/D.B. Sheriff's Station. He congratulated Paul Akin
on being selected as one of the D.B. representatives.
C/Zirbes thanked Assemblyman Bob Huff for his hospitality and ongoing concern for
D.B. He also thanked Congressman Miller for providing transportation dollars to D.B.
He attended several meetings during the past two weeks. Last night he and
C/Herrera attended the Tres Hermanos meeting during which a discussion was held
about setting up parameters regarding the raw land between D.B. and Chino Hills
and its potential for development. He said he speaks with residents on a regular
basis about neighborhood improvement issues. He thanked the Neighborhood
Improvement Officers for the wonderful job they do on behalf of the City. He said
that staff is always amazing. Last week he moved his office to D.B. and intends to
pay his $10 for business registration.
AUGUST 2, 2005 PAGE 9
CITY COUNCIL
MPT/O'Connor said the City was fortunate to have legislators from the immediate
area. She also thanked Congressman Miller for his assistance in getting funds for
the City and she thanked Assemblyman Bob Huff for keeping D.B. near and dear to
his heart. She spoke about last week's League's conference and shared Brown Act
pamphlet information with her colleagues. One item regarding email is that Council
Members must be very careful when receiving an email sent to all Council Members
that the response is not sent in the form of "reply to all." She asked staff to provide
Council with a "cheat sheet" regarding the dos and don'ts with respect to email. She
reminded interested parties that three Council seats are up for consideration. As of
this morning it appeared that four candidates intended to place their names in
nomination.
M/Chang said that the Council had been very busy during the past two weeks. Any
funding to improve the area traffic is certainly appreciated. He commended
C/Tanaka for attending many City events and meetings and felt that it was a good
indication that C/Tanaka represented the City well and was concerned for the
community. The matter of building a new library will be placed on the ballot at the
appropriate time. He commended his fellow Council Members for representing the
City and its residents. He invited residents to call their Council Members and offer
their input.
10. ADJOURNMENT: With no further business to conduct, M/Chang adjourned the
meeting at 7:50 p.m.
LINDA C. LOWRY, CITY CLERK
The foregoing minutes are hereby approved this day of , 2005.
WEN CHANG, MAYOR
n
Agenda No. 6.2
CITY OF DIAMOND BAR
MINUTES OF THE PARKS & RECREATION COMMISSION
HEARING BOARD ROOM OF S.C.A.Q.M.D.ITHE GOVERNMENT CENTER
21865 Copley Drive
JUNE 23, 2005
CALL TO ORDER:
Chairman Lyons called the Parks and Recreation Commission meeting to order at 7:00
p.m. in the SCAQMD/Government Center Building Hearing Board Room, 21865 Copley
Drive, Diamond Bar, California 91765.
PLEDGE OF ALLEGIANCE: Commissioner Grundy led the Pledge of Allegiance.
1. ROLL CALL:
Present: Chairman Nancy Lyons, Vice Chairman Marty Torres and Commissioner
Ling -Ling Chang, Dave Grundy and Benny Liang.
Staff Present: Bob Rose, Directorof Community Services; Bryan Petroff, Parks and
Maintenance Supervisor, Diamond Bar Center; Ryan Wright, Recreation Supervisor, and
Marisa Somenzi, Administrative Assistant.
PRESENTATION OF 2005 CITY YOUTH SOCCER SPORTSMANSHIP AWARDS --
Presented by RS/Wright.
RECESS: Chair/Lyons recessed the meeting at 7:09 p.m.
RECONVENE: Chair/Lyons reconvened the meeting at 7:13 p.m.
MATTERS FROM THE AUDIENCE: None Offered.
CALENDAR OF EVENTS: As presented in the agenda.
1. CONSENT CALENDAR
1.1 Approval of Minutes of May 26, 2005 Regular Meeting.
VC/Torres. moved, C/Chang seconded, to approve the Consent Calendar with
corrections. Motion carried by the following Roll Call vote:
AYES:
COMMISSIONERS:
VC/Torres, Chair/Lyons
NOES:
COMMISSIONERS:
None
ABSTAIN:
COMMISSIONERS:
Grundy, Liang
ABSENT:
COMMISSIONERS:
None
JUNE 23, 2005 PAGE 2 P&R COMMISSION
2. INFORMATIONAL ITEMS
2.1 Recreation Program Report — RS/Wright
Chair/Lyons asked if the City was using Summitridge for the summer
baseball program and RS/Wright responded no. The only group that was
scheduled for Summitridge Park was Diamond Bar Girls Softball for their
annual tournament about two weeks ago. Without restrooms and parking it
was difficult to schedule activities. Pop Warner will be using this park for
practice on Monday through Thursday at 4:00 p.m. beginning in August.
CSD/Rose responded to VC/Torres that there was a plan for restrooms that
had been put on hold pending determination of possible changes to the
park's configuration.
RS/Wright announced that the facilities allocation user group subcommittee
would meet next Tuesday evening at 6:30 p.m. at the Diamond Bar Center.
2.2 Diamond Bar Community Foundation Oral Report
VC/Torres reported that the Foundation was attempting to attract new board
members that had a stake in the City.and were willing to volunteer time to
help meet the organization's goals. In addition, the Foundation was focusing
on ways to promote itself within the community and also working on
fundraising efforts.
2.3 Library Task Force Oral Report — no report offered.
2.4 C.I.P. Program Report — CSD/Rose
a. Sycamore Canyon Park ADA Retrofit Phase I I — CSD/Rose reported
that construction was moving along with only the picnic shelter
remaining that has not yet arrived. The bridge was fixed; there are
additional parking spaces, an ADA accessible drinking fountain, new
drainage, walkways and picnic tables. Staff is very pleased with the
contractor and his work.
b. Sycamore Canyon Park ADA Retrofit Phase I I I — CSD/Rose explained
that a meeting would be scheduled with Pat Hirsch to look over plans
for Phase III so that the construction documents could move forward.
RS/Wright offered Monday, July 11 at 7:30 a.m. or in the afternoon.
Chair/Lyons and C/Grundy offered they could meet at the park at 7:15
a.m.
C. Starshine Park ADA Improvements — CSD/Rose indicated that the Tot
Lot was completed and there were two pieces of work not yet
completed. Staff was surprised to learn that Walnut Valley Water
insisted a new water meter be installed to accommodate the drinking
fountain - yet to be completed; and electrical poles for the security
lights were on back order. These items are the last items under the
JUNE 23, 2005 PAGE 3 P&R COMMISSION
control of the contractor. Staff expects the contractor to be completed
within the allotted 30 days. If not, the contractor will be in town
working on the Sycamore Canyon Park Trail and Trailhead Project
and should be able to move from one project to the other without
additional cost to the City.
d. Sycamore Canyon Park Trail and Trailhead Project — CSD/Rose
reported that on Tuesday June 21 the City Council awarded the
contract to C.S. Legacy and the project is ready to move forward.
e. Pantera Park Picnic Shelters — CSD/Rose was pleased to report that
the contract was awarded on Tuesday night and the shelters would
finally be going up.
f. Parks Report — PMSIPetroff stated that the annual renovation of the
Pantera sports fields was underway. Work on the following items was
completed on June 17: Scalping, aerification, seeding and top
dressing. Also on June 17 a temporaryfence was installed around the
perimeter of the fields to restrict foot traffic and protect the new seed
until germination. It was reported that there was standing water in the
skate park, possibly coming from an irrigation source. Upon
inspection, staff found water seeping up into the skate park through
seams in the concrete. Staff contacted a geotechnical consultant to
inspect the area and help determine the source of the water and find
a remedy. Staff will report back to the Commission at a later date.
Chair/Lyons said she was concerned about the park walkthrough schedule.
AAISomenzi responded that she had confirmed dates and times with everyone
except VC/Torres.
Chair/Lyons said she did an unscheduled walkthrough at Heritage Park today
because she drove by to see how the Day Camp was going. She was happy to
report that the park looked good, the playground was very nice and the natural light
was good. One of the problems with the park was that it lacked a rustic feel.
3. OLD BUSINESS: Chair/Lyons asked for a monthly status of the Youth Master
Plan and CSD/Rose reported that the Plan was adopted by the City Council on
Tuesday night. In July staff takes the Plan to the WVUSD and PUSD. The
collaborative meetings are scheduled to begin in September. In addition, on
Tuesday night the Council approved use of Razors in the Skate Park for a six-
month trial period.
ClChang was very happy that C/Herrera came to the conclusion that it was
important to get the kids off of the street. Prior to C/Herrera`s motion ClChang was
very tempted to speak in favor of the issue and she felt it was good that the
proposal was for a six-month trial period.
C/Grundy asked for an update on the artificial turf proposal for Lorbeer Middle
School. CSD/Rose explained that there was no new information. However, the City
Council approved funds to build the restroom structure to satisfy a request from
JUNE 23, 2005 PAGE 4 P&R COMMISSION
PUSD administration. Staff hopes that this gesture will help move this project
forward.
4. NEW BUSINESS: None
5. ANNOUNCEMENTS: Chair/Lyons announced that this year's book for Read
Together D.B. was chosen, an e�cellent book for all ages entitled Wish you Well by
David Baldacci.
ClLiang reported on his visit to Heritage Park where he found the restrooms to be
clean. He attended the Volunteen program recently and found it to be a very well
organized program except for one thing —that there are more Volunteens than there
is room to accommodate them. Everyone was in one room and it was very crowded.
He felt the group should be broken up into smaller groups.
ClGrundy said he was happy to be back and missed the last two meetings. He too
recently visited Heritage Park.
VC/Torres congratulated Jack Tanaka and wishes him and his colleagues well. He
said he looked forward to the Council's support of the Commission and the
programs that Parks and Recreation offers.
Chair/Lyons said that she visited Chino Hills last week and noticed they were
sponsoring a summer teen dance for the 71h and $#h graders. She asked if there was
any money in the budget for such programs and CSD/Rose said not at this time
because the focus was on getting the Youth Master Plan adopted, with programs
following. There are grant funds available from the United States Department of
Education and Safe Parks Act that could be allocated for teen programs at some
point. Chair/Lyons requested for the Commission' to review the list before it is
presented to the City Council.
ADJOURNMENT: Upon motion by ClChang, seconded by VCITorres and there being no
further business before the Parks & Recreation Commission, Chair/Lyons adjourned the
meeting at 7:50 p.m.
Respectfully Submitted,
Isl Bob Rose
Bob Rose, Secretary
Attest:
Isl Nancy Lyons
Nancy Lyons, Chairman
CITY OF DIAMOND BAR Agenda No. 6.3
MINUTES OF THE TRAFFIC AND TRANSPORTATION COMMISSION
REGULAR MEETING OF
JUNE 9, 2005
CALL TO ORDER:
Chair Pincher called the meeting to order at 7:06 p.m. in the South Coast Air Quality
Management/Government Center Hearing Board Room, 21865 Copley Drive, Diamond
Bar, California 91765.
PLEDGE OF ALLEGIANCE: Commissioner Shah led the Pledge of Allegiance.
ROLL CALL:
Present: Chair Pincher, Vice Chair Torng and Commissioners Morris and Shah.
Commissioner Virginkar was excused.
Also Present: David Liu, Director of Public Works; Fred Alamolhoda, Senior Engineer;
Sharon Gomez, Senior Management Analyst; Kimberly Molina, Assistant Engineer and
Debbie Gonzales, Administrative Assistant.
I. APPROVAL OF MINUTES
A. Minutes of Regular Meeting of April 14, 2005 -- Approved as presented with
C/Morris and VC/Torng abstaining.
B. Minutes of Regular Meeting of May 12, 2005 — Approved as presented with
C/Shah and Chair/Pincher abstaining.
IL PUBLIC COMMENTS: None Offered.
III. CONSENT CALENDAR: None
IV. ITEMS FROM STAFF:
A. Traffic Enforcement Update — Received and filed on the following items:
1. Citations: May 2005
2. Collisions: May 2005
V. OLD BUSINESS:
A. Neighborhood Traffic Management Program Progress Report - Received
and Filed.
PWD/Liu reported that to date staff had conducted twelve (12) community
workshops within the five residential districts. Residents' primary concerns
include speeding motorists as well as traffic volume and school related
issues and they felt those items needed immediate action. Staff is also
seeking input on how to move forward with the school traffic related issues
as to whether it should be a focus or an element of the program. Staff pians
June 9, 2005 PAGE 2
T&T COMMISSION
to bring recommendations to the Commission in July that staff believes will
serve as mitigation tools based on input from the residents, the consultant
and staff. He noted that the proposed Capital Improvement Program sets
aside $25,000 per district for improvements within each of the five districts.
The next step for the Commission is to discuss the proposals with staff prior
to going back out to the community with possible pilot programs.
C/Shah felt that money could be moved from one district to another
depending on the severity of the need for mitigation.
C/Morris agreed with C/Shah and said he felt the School Safety Study
should be included in the report for budgetary purposes to deal with such
issues as morning cut -through traffic. He felt strongly that it would be fiscally
prudent to deal with the issues at Prospectors Road and Golden Springs
Drive and at Sunset Crossing Road and the off -ramp from the SR -57 by
including center median improvements to discourage freeway traffic from
making right turns from the SR -57 freeway.
VC/Torng agreed with C/Morris. He hoped that the consultant had
conducted his own research rather than relying on input from the residents
because he viewed this project as one that should improve the City's overall
calming by incorporating a global rather than a local view. Instead of
separating the project into districts the City should take this opportunity to at
least provide a grand scale proposal and budget the necessary funds for
future mitigation.
VI. NEW BUSINESS: None
VII. STATUS OF PREVIOUS ACTION ITEMS: None
VIII. ITEMS FROM COMMISSIONERS: C/Shah congratulated staff on the right
tum on red extinguishable sign installation at the Diamond Bar Center. He believed
that the design was very appropriate to the field condition. He asked for an update
on the City of Industry's plan to widen Grand Avenue and asked if the City planned
to install cameras for purposes of monitoring traffic. He said he noticed too many
vehicles turning left from Grand Avenue onto southbound Diamond Bar Boulevard
in the early hours of the day. He also said he found it difficult to make a right turn
from southbound Diamond Bar Boulevard onto westbound Grand Avenue because
people make U-turns and it creates a conflict when pedestrians are trying to cross
Diamond Bar Boulevard. He wondered if it would be possible to consider a
protected right turn in order to avoid the conflict.
C/Shah asked if Caltrans indicated they would be widening the Grand Avenue
overpass of the SR 57/60 interchange. PWD/Liu said that there is further analysis
prepared and impacts must be taken into consideration before any work can
June 9, 2005 PAGE 3
T&T COMMISSION
proceed. The City of Industry will pay for the cost of the consultant to develop the
plans and for the environmental documents for the project.
C/Morris informed staff that the French drain on Golden Springs Drive east of
Rancheria Road at the edge of the Northminster Presbyterian Church property is
covered with algae and needs to be cleaned. He said that one of his meetings at
his school in Phillips Ranch was canceled because residents were at the Pomona
City Council to discuss a potential low cost housing development in the Elephant
Hill area between the Humane Society and Temple Avenue and should such a
development occur the homeowners/residents would look to Diamond Bar for
services. C/Morris said he would plan to attend the July Commission meeting and
would be on vacation and away during the August 2005 .meeting.
Chair/Pincher said she agreed with C/Morris about Sunset Crossing Road. It is a
gateway to the community and not a cut -through. Also, it seems that some
residential areas are more impacted by school traffic than others on a daily basis
so in her opinion, the school issue should be included in the study. She thanked
staff for the excellent report and looked forward to learning about the
Neighborhood Traffic Management Program recommendations.
VC/Torng said he received a complaint from a resident who felt that it took too long
to turn from Mt. Laurel Way onto Diamond Bar Boulevard. VC/Torng said he
noticed that a left turn signal was included on the Capital Improvement Project list
and felt that might solve the problem. He said he would report back to his friend.
He noticed that there is a lot of U-turn and left turn activities at Pathfinder Road
and Brea Canyon Road. He suggested that because of the SR57/60
improvements it was placing undo burden on the area. Some individuals have
suggested two left turn lanes to avoid the yield for the left turn on green.
PWD/Liu responded to VC/Torng that staff has been studying the Pathfinder Road
and Brea Canyon Road intersection and that the initial request was to add a
second right turn from westbound Pathfinder Road to northbound Brea Canyon
Road. When the study is completed there may be a change from protected
permissive to left turn green arrow at the intersection for eastbound Pathfinder
Road to northbound Brea Canyon Road.
Chair/Pincher spoke about the Caltrans on-ramp to the southbound SR57. When
stopped in the left -turn pocket traveling west on Pathfinder Road waiting to turn
onto the on-ramp, the arrow turns green and if you are lucky there are no cars
coming from eastbound Pathfinder Road and flying onto the on-ramp. When
initiating a left turn onto the on-ramp it puts the vehicle immediately into the
carpool only lane. If there are a lot of vehicles traveling from southbound Brea
Canyon Road to eastbound Pathfinder Road and drivers from westbound
Pathfinder road turn left onto the on-ramp there is no way to move over to be legal.
In her opinion, there should be two regular traffic lanes rather than one regular
traffic lane and one carpool lane.
June 9, 2005 PAGE 4 T&T COMMISSION
Chair/Pincher felt that the on-ramp was very short and the competition from the
drivers coming off of Brea Canyon Road onto the on-ramp off of Pathfinder Road
were gaining momentum and did not want to merge. Once on the freeway one has
to accelerate very carefully due to the pitch and curve of the freeway.
C/Morris said that the SR60 on-ramp going eastbound at Diamond Bar Boulevard
also has a carpool lane and he believes the carpool lanes are relatively useless.
He felt that carpool lanes on on -ramps could serve a purpose but to have them just
for the sake of having them puts drivers at risk when they are the only person in
their vehicle because they become "stuck" in the carpool lane and risk citations. He
suggested that the issue should be re-evaluated by Caltrans.
PWD/Liu explained that the City had attempted for many years to work with
Caltrans on the issues brought forward by the Commissioners. He said that almost
all on -ramps have the same issues. One way to get Caltrans to respond might be
to ask them to make changes based on the current construction activities.
C/Morris suggested that the elected officials at the state level might be able to
assist with these issues. Another Caltrans issue was the striping on Phillips Ranch
Road from the underpass to Diamond Ranch Road.
Chair/Pincher said she was concerned about jaywalking at Diamond Bar High
School on Brahma Blvd and wondered why there was no crosswalk.
SE/Alamolhoda said that during the project design, due to the timing of the three
signals along Pathfinder Road, it was determined it would not be installed so as
not to conflict with the traffic flow. Last year the Sheriff's Department ticketed a
number of jaywalkers and the problem stopped and staff will ask the Sheriff's
Department to again monitor the area when school commences in the fall.
IX. INFORMATIONAL ITEMS:
A. Proposed FY 2005/06 Capital Improvement Program
PWD/Liu referred the Commissioners to the list that includes street
improvement projects, traffic control improvements, parks and recreation
improvements and miscellaneous expenditures for a total of approximately
$8.4 million. The funding sources include General Fund, Prop C and federal
and park funds. This year staff included decision packages totaling
approximately $569,000 that requires City Council approval. Included are
landscape improvement projects for Prospectors Road and Sunset Crossing
Road Parkway improvements and Prospectors Road from Sunset Crossing
Road to Golden Springs Drive.
June 9, 2005 PAGE 5 T&T COMMISSION
B. Caltrans 57/60 Freeway Construction Project
SE/Alamolhoda reported that last week Caltrans cleaned up a considerable
amount of graffiti. There were no major project changes to report since the
May meeting except that Edison had completed relocation and installation
of a new facility at the location of the new on-ramp to SR60 at Brea Canyon
Road. The project continues to move forward ahead of schedule.
Chair/Pincher felt it would be beneficial to place someone in the
construction area at night to catch the graffiti perpetrators. SE/Alamolhoda
responded that the Sheriff's Department was looking into the matter and
that they believed it was the work of a Rowland Heights gang. C/Shah said
it was very difficult to catch individuals in the act. C/Morris said that some
jurisdictions offer rewards and that it has spawned a mini bounty hunting
opportunity. Individuals get pictures of the perpetrators, get license
numbers, etc. so that they can claim the reward when the offenders are
arrested and restitution is sought. C/Shah said the only way to stop graffiti
was to clean it up as quickly as possible.
C. Neighborhood Traffic Management Program (NTMP)
SMA/Gomez updated the Commission on the last four neighborhood
meetings. Consultant Joe Faulter proposed parking lanes, speed cushions
and raised medians along Gold Rush Drive, Fountain Springs Road, Cold
Spring Lane and a portion of Crooked Creek Drive. These areas were
reviewed with traffic speed and volume counts and the consultant reviewed
and surveyed the streets and monitored the traffic in every district at various
times of the day. Due to limited funds one or two streets will be chosen for
mitigation in each of the five districts. Staff will take the Commission on a
virtual tour of the five areas in July 2005.
Chair/Pincher recalled that the residents were in favor of stop signs at
Prospectors Road and Sunset Crossing Road and there was a discussion
about traffic problems and a suggestion that a median be installed to slow
the traffic. As she recalled those in attendance at the Commission meeting
were very much in favor of the installation.
X. SCHEDULE OF FUTURE CITY EVENTS -- as adgendized.
XII. FUTURE AGENDA ITEMS: None
June 9, 2005 PAGE 5
T&T COMMISSION
ADJOURNMENT: With no further business to come before the Traffic and
Transportation Commission, Chair/Pincher adjourned the meeting at 8:28 p.m.
Respectfully,
s/ David G. Liu
David G. Liu, Secretary
Attest:
Chair Liana Pincher
M
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # 6.4
Meeting Date: August 16, 2005
AGENDA REPORT
TITLE: Ratification of Check Registers dated July 1,2005 and August 4, 2005
through August 11,2005
RECOMMENDATION:
Ratify Check Registers dated July 1, 2005 and August 4, 2005 through August 11, 2005
and totaling $744,158.30.
FINANCIAL IMPACT:
Expenditure of $744,158.30 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. It was discovered that the checks issued
on July 1, 2005 as a mini check run in the amount of $17,031.78 has not been
presented to the City Council for ratification. These checks were specially issued due to
the change in the fiscal year and financial management system. They were primarily for
the Fourth of July Blast and day camp programs. The other register containing checks
dated August 4, 2005 through August 11, 2005 amounting to $727,126.52 is also being
presented to the City Council for ratification.
PREPARED BY:
Linda G. Magnuson
Finance Director
REVIEWED BY:
Financo Orector
kfl-),P
Assistan City Manager
Attachments: Affidavit and Check Registers -- 07/01/05 and 08/04/05 through 08/11/05
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 1, 2005 and August 4, 2005 through August 11,
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
$487,473.84
112
Prop A - Transit Fund
41,269.82
118
AB2766 - AQMD Fund
6,470.01
125
CDBG Fund
12,220.00
126
COPS Fund
332.16
138
LLAD #38 Fund
622.26
139
LLAD #39 Fund
355.18
141
LLAD #41 Fund
199.24
250
Capital Improvement Project Fund
195,215.79
$744,158.30
Signed:
Linda G. Magna o
Finance Director
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CITY. COUNCIL -
Xjgq
TO; Honorable Mayor and Members of the.City Council
VIA: Linda C. Lowry, City Manag r
Agenda # 6.5
Meeting Date: 8116105
AGENDA REPORT
TITLE: ACCEPTANCE OF WORK PERFORMED BY 4 -CON ENGINEERING, INC. FOR THE
CONSTRUCTION OF PHASE II ADA AND OTHER IMPROVEMENTS AT SYCAMORE CANYON
PARK; DIRECTION TO THE CITY CLERK TO FILE THE PROPER NOTICE OF COMPLETION
AND TO RELEASE THE RETENTION THIRTY-FIVE DAYS AFTER THE RECORDATION DATE.
RECOMMENDATION: Accept the work performed by 4 -Con Engineering; direct the City Clerk to
file the Notice of Completion; and authorize the release of the retention.
FINANCIAL IMPACT:
Project Costs: Construction Contractor $202,178.28
Construction Inspection & Plan Check 11,500.00
Duplication of Plans and Specifications 268.00
TOTAL $213,946.28
Project Budget: $215,185.00
BACKGROUND: The City Council awarded a contract to 4 -Con Engineering on April 19, 2005 to
construct phase II ADA and other improvements at Sycamore Canyon Park. The work was completed
on August 10, 2005 and is now ready to be accepted.
DISCUSSION: The contract amount awarded to 4 -Con Engineering is $184,924.50, plus a
contingency amount of $18,492.50, for a total authorization of $203,417. Change Orders #1 and #2
were processed to add $17,253.78 to the contract due to the following unanticipated conditions:
1. Additional 4" galvanized pipe under the new parking spaces for improved drainage. $1,598.11
2. Additional improvements to pedestrian bridge due to rotting timbers. $5,135.67
3. Two additional picnic tables, barbecues and trash receptacles $5,100.00
4. Additional 58 tons of asphalt paving (added quantity to unit price) $4,350.00
5. Additional Aggregate Base material (added quantity to unit price) $1,070.00
TOTAL Change Orders #1 and #2 $17,253.78
With a total construction contract authorization amount of $203,417 and a total actual construction
cost of $202,178.28, the project was constructed within the City Council's authorization amount. The
improvements constructed at Sycamore Canyon Park are:
♦ Eight additional parking spaces.
♦ ADA accessible picnic shelter.
♦ ADA accessible picnic tables and barbecues.
♦ Repairs to existing wood pedestrian bridge.
♦ Improved drainage from access road to creek.
♦ ADA accessible walkway between existing two wood bridges.
♦ ADA accessible drinking fountain at ball field.
The total cost to complete the project, including construction, plans and specifications, plan check,
and construction inspection is $213,946.28. With a total budget of $215,185, there are surplus Prop
40 grant funds totaling $1,238.72. These funds were appropriated by the City Council to the
Sycamore Canyon Park Trail and Trailhead project on June 21, 2005.
REVIEW
Bob Ro§e
Director of Community Services
Attachments: Notice of Completion
Assistant City Manager
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
CITY OF DIAMOND BAR
21625 COPLEY DRIVE
DIAMOND BAR CA 91765
ATTENTION: CITY CLERIC
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion.
Notice is hereby given that:
1. The undersigned is the owner or corporate officer of the owner of the interest or estate stated below in the property hereinafter
described:
2. The full name of the owner is City of Diamond Bar —
3. The full address of the owner is 21825 Copley Drive
Diamond Bar CA 91765
4. The nature of the interest or estate of the owner is; "In fee"
(If other [ham W. strike "in fee' and insert, for example,'purchaser under contract arpurchase;' mr "lessee')
5. The full names and full addresses of all persons, if any, who hold title with the undersigned as joint tenants or as tenants in common
are: NAMES ADDRESSES
6. A work of improvement on the property hereinafter described was completed on August 10, 2005. The work done was:
Improvements at Sycamore Canyon Park: Eight additional parkinV spaces, ADA accessible picnic shelter, ADA
accessible picnic tables and barbecues Repairs to existing wood pedestrian bride Improved drainage from access road to
creek ADA accessible walkway between existing two wood bridges, and accessible drinking fountain.
7. The name of the contractor, if any, for such work of improvement was _ 4 -Con Engineering, Inc.
(Irno contrauor for work of improvement as a whole, inserl'itone') (Date of Conlracl)
S. The property on which said work of improvement was completed is in the City of Diamond Bar, County of Los Angeles, State of
California, and is described as follows 5 camore Can on Park 22930 Golden S tin s Drive Diamond Bar CA 91765
9. The street address of said property is 22930 Golden Springs Drive Diamond Bar, CA 91765
(If no street address has been officially assigned, inserl "none')
Dated: August 16 2005
Verification for Individual Owner
Signature of owneror corporale officer of owner named in paragraph 2 orlds agent
VERIFICATION
I, the undersigned, say: I am the City Manager the declarant of the
foregoing
("resident DP', "Manager of," "A panner of," "Owner of," e[tJ
notice of completion; I have read said notice of completion and know the contests thereof; the same is true of my own knowledge.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on August 16 12005 , at Diamond Sar California.
(Dale of signalure) (City where signed)
(Personal signature of the individual who is swearing that the contents of
the notice of completion are true)
Agenda #
6.6
Meeting Date: August 16, 2005
CITY COUNCIL �,,, AGENDA REPORT
�1IRYUri. .�4
TO: Honorable Mayor and Members of the City Council
VIA; Linda C. Lowry, City Mana rc 6
TITLE: APPROVE A FIVE-YEAR CONTRACT EXTENSION OF STREET
SWEEPING AND DEBRIS COMPOSTING SERVICES WITH R.F.
DICKSON COMPANY INC., WITH A 3.6% CPI RATE INCREASE FOR
THE PER CURB MILE RATE, EFFECTIVE OCTOBER 1, 2005
RECOMMENDATION: Approve.
FISCAL IMPACT: For Fiscal Year 2005-2006, the City budgeted $165,000.00 for street
sweeping services and $55,000.00 for street sweeping debris composting services.
The City currently pays $12.35 per curb mile and anticipates an expenditure of
approximately $220,000.00 for street sweeping and debris composting services. This
estimate includes two months of weekly sweeping and debris composting during the
heavier winter months of December 2005 and January 2006.
R.F. Dickson Company, Inc. has submitted a letter requesting a contract extension
(Exhibit "B") and an increase of 3.6% CPI adjustment or $.45 to the current per curb
mile rate. If the contract extension is approved, the new per curb mile rate would be
$12.80.
In May 2003, the League of California Cities conducted a street sweeping survey, the
average per curb mile rate for street sweeping at that time was $18.88 (Attachment "D").
Over the course of five (5) years, R.F. Dickson Company, Inc. has made only two
requests for a CPI rate increase.
BACKGROUND/DISCUSSION: The City's contract with its current street sweeping and
debris composting services provider, R.F. Dickson Company, Inc., will expire on
September 30, 2005. Section Two of the contract allows the City Council to extend the
contract for an additional five (5) years.
Street sweeping and debris composting services have been provided to the City of
Diamond Bar on a regular and timely basis for the past five years. Two trucks are
utilized to sweep one in five areas daily (Monday through Friday) on a bi-weekly basis.
Each of the five areas is divided into two zones with a morning and afternoon sweep
time (see Attachments "B" and "C"). Performance has been monitored by City staff and
Los Angeles County Sheriff personnel and has been determined to be prompt and
efficient for the needs of the City.
Dickson has always responded positively to the needs of the City. For example, in an
effort to meet the needs of parents with school aged children who drop off and pick up
their children in the morning and afternoon hours, Dickson will sweep in front of the
elementary and middle school areas between 6:00 a.m. and 7:00 a.m., and then return
to the locations later in the day to sweep the remainder of these areas. Special
consideration was also taken into account for a certain number of commercial and multi-
family areas within the City and a modified sweeping schedule was compiled by City
staff in order to accommodate their needs. Dickson accepted the City's request to
sweep those areas on alternate days and times. Furthermore, to ensure a thorough job
of street sweeping, Dickson works closely with our Sheriff's Department CSO's who
patrol in front of the street sweeper issuing citations to vehicles impeding the
performance of the street sweeper. Periodically, a City tree will become overgrown
impeding the performance of the street sweeper. When this happens, the driver will
notify dispatch and a service request for tree trimming is forwarded to the City.
Street sweeping and debris composting services for the City have been provided as an
effective method of street cleaning and serve as a preventative measure to keep out
pollutants from entering the oceans via the City's sewer and storm drain systems.
Furthermore, street sweeping and debris composting services improve the aesthetics of
neighborhood streets by reducing trash and debris that collect along City streets.
RECOMMENDATION: Taking into consideration that Dickson has proven to be a
reliable service that delivers satisfactory street sweeping and composting services, staff
is recommending the renewal of its contract with R.F. Dickson Company, Inc. for an
additional five (5) years with a CPI rate increase of 3.6%, effective October 1, 2005.
PREPARED BY:
Debbie Gonzales, Senior Administrative Assistant
REVIEWED BY:
David 6 -."'L i u
Director of Public Works
Date Prepared: August 8, 2005
James DeStPfano
Assistant City Manager
Attachments. Attachment "A" - Contract Extension to the Agreement for Street Sweeping Services
Exhibit "B" — Request for Contract Extension
Attachment "B" — 2005 Street Sweeping Schedule
Attachment "C" — City of Diamond Bar Residential Street Sweeping Days & Times
Attachment "D" -- League of California Cities Street Sweeping Survey
2
AMENDMENT NO. 2 TO THE AGREEMENT FOR
STREET SWEEPING AND DEBRIS COMPOSTING SERVICES
This Amendment No. 2 to the City's Contract Agreement is made and entered
into this 16th day of August, 2005 by and between the CITY OF DIAMOND BAR, a
municipal corporation (hereinafter referred to as "City") and R.F. DICKSON COMPANY,
INC., (hereinafter referred to as "CONTRACTOR").
A. Recitals:
(i) The.CITY has heretofore entered into an agreement with R.F.
Dickson Company, Inc. to provide Street Sweeping and Debris
Composting Services. A true and correct copy of which is
attached hereto as Exhibit "A".
(ii) CONTRACTOR has requested a five-year extension proposal
("PROJECT" hereinafter), a full, true and correct copy of. which
attached hereto as Exhibit "B" to extend said services for a period
of five (5) years.
NOW, THEREFORE, it is agreed by and between CITY and CONTRACTOR:
B. Amendment to Agreement:
Section 1: Section 2 of the agreement is hereby amended to read as follows:
2. Term of Agreement. The term of this Agreement shall commence
October 1, 2005 and shall be extended through October 1, 2010".
Section 2: Section 3 of the agreement is hereby amended to read as follows:
3. Compensation. CITY agrees to compensate Contractor for each
service, which CONTRACTOR performs to the satisfaction of City in
compliance with the schedule set forth in Exhibits "A" and "B".
Payments will be made only after submission of proper monthly
invoices in the form specified by City.
Each party to this Supplemental Agreement acknowledges that no representation by
any party which is not embodies herein nor any other agreement, statement, or promise
not contained in this Supplemental Agreement shall be valid and binding. Any
modification of this Supplemental Agreement shall be effective only if it is in writing
signed by the parties.
3
AUG -09-2005 TIDE 10;43 AM RF DICKSON 5828695943 P. 02
88/0912065 07:93 969-851-3117 CIT'/ OF DIAMOND BAR PACE 03
IN WITNESS WHEREOF, the parties heroto have executed this Suppieniental
Agreement as of the day and year first :3et forth &Qve•
ATTEST:
By:
Linda C, Lowry, Glty Clerk
ARF►ROVED A9 TO FORM.
CITY OF DIAMOND BAR
By.
Won Chang, Mayor
"CONTRACTOR",
R.F. Dickson Company, Inc.
BY: -
City Attorney _ Scott Dick$on, Vice -President
4
EXHIBIT "B"
Our Siodubon To Beach Polluflo)"
July 27, 2005
Mr. David G. Lui, P.E.
Director of Public Works
City of Diamond Bar
21825 E. Copley Drive
Diamond Bar, CA 91765
Dear David,
We are quickly approaching the anniversary of the first 5 years of our
sweeping contract with the City. At this time we are respectfully requesting
as provided in the contract, with your approval, the 5 year extension of this
agreement.
At renewal time of any street sweeping contract, the AQMD fleet rule
1186.1 needs to be reviewed to see if alternative fueled sweepers are
required. If memory serves me correctly, the City operates less than 15
vehicles in your City owned fleet, thus you would not have to comply with
this rule, unless it was your desire. If you do want this type of equipment in
your City, the cost would be an additional $2.50 per curb mile.
As part of our agreement, we are requesting a 3.6% CPI adjustment to our
contract, to help offset the increases we have incurred over this past year.
David, we have enjoyed our relationship with you and City family over these
past S years, and look forward with you and your City Council approval, at
least another 5 years together.
Sincerely,
Steve Dickson
President
R.F. Dickson Go. Inc. CanlraclSweeping 12524 Clark Ave- 562-923-5441
Service and parts Downey. CA 90242 800-573-3222
Fax 562-369-5943
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ATTACIMfff '1191'
2005 Street Sweeping Schedule
City of Diamond Sar
21825 Copley Drive
- Diamond Bar, California 91765
909,839.7000.909.861.3117fax
www.cityofdramondbar.com
- — - - For more informavon,contaa the
City's Public Warks Division at 909.839.7040.
Street Sweeping will not take place an the following holidays:
H=Halida s Monday,July4pndependenceDay) &Thursday,November24(ThanksgivingDay)SweeOftgwill take plareone daylateithan usual,
Pleasenote:This calendardoes not reptesentall City observed holidays.only those pertaining lothe stmetsweeping schedule are indicated.
January'*
February
March
April
S M T WTH F S
S M T WTH F 5
S M T WTH F S
S M T WTH F 5
1
® 5
® 5
0 2
2 ®8
6 7 8 9 10 11 12
6 7 8 9 10 11 12
3 4 5 6 7 8 9
9®15
13®19
1319
10®16
16 22
20 21 22 23 24 25 26
20 21 22 23 24 25 26
17 18 19 20 21 22 23
23 29
271D
27
24 30
30
May
June
July
August
S M T WTH F S
S M T WTH F 5
S M T WTH F S
S M T WTH F 5
1 2 3 4 5 6 7
1 2 3 4
1 2
® 6
8 X14
5 ®1i
3 ®®
7 8 9 1011 12 13
15 16 17 18 19 20 21
12 13 14 15 16 17 18
10 11 12 13 14 15 16
1420
22 28
19 25
17 23
21 22 23 24 25 26 27
29 30 31
26 27 28 29 30
25 26 27 28 29 30
28®
31
September
October
November
December*
S M T WTH F S
S M T WTH F S
S M T WTH F S
S M T WTH r 5
3
1
1 2 3 4 5
1 2 3
4 5 6 7 8 9 10
2 3 4 5 6 7 8
6®12
4®10
1117
915
13 14 15 16 17 18 19
11®17
18 19 20 21 22 23 24
16 17 18 19 20 21 22
20®H ®
18 24
25
23 29
27 28 29 30
25 31
3031
s ''ping��e
uingN eman4hs ur❑ecem6erand January
ATTA[`-1114ENT "Cr'
City of Diamond Bar
Residential street Sweeping
(except private streets)
Days & Times
Mon - Zone 1 �..
Tue - Zone 2
Iced - Zone
Thu - Zone 4
Fri - Zone
r-
9
I
ATTACIDIENT "D"
LEAGUE OF CALIFORNIA CITIES
STREET
SWEEPING
SURVEY
Cost per Curb
Mile
gat
Contractor
Inside
Bakersfield
$24.88
Brentwood
$9.62
Burlingame
$12.90
Campbell
$18.36
Chico
$17.74
Concord'
$13.0$
Corona
$20.22
Dublin
$21.91
EI Cerrito
$25.50
Emoryvllle
$41.72
Encinitas
$11.45
Fairfield
$16.58
Fountain Valley
$20.00
Hanford
$14.30
Huntington Beach
$18.45
$18.46 "6()-50
Kingsburg
$14.95
La Canada Fiintridge
$12.00
Manhattan Beach
$15.08
Montclair
$21,88
Orange
$14.91
Palm Desert
$21.61
Palmdale
$15.00
Pittsburg
$16.42
Pleasanton
$19.14
Redwood City
$24.53
San Bruno
$18.00
San Jose
$32.50
Santa Rosa
$20.00
Sebastopol
$19.12
Sunnyvale
$23.49
Thousand Oaks
$30.36
Victorviile
$14.a6
Vista
$12.62
Average
$18.88
$19.29
5/2003
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # 6.7
Meeting Date: August 16, 2005
AGENDA REPORT
TITLE: ADOPT RESOLUTION NO. 2005 -XX OF THE DIAMOND BAR CITY COUNCIL
ACCEPTING, FOR PURPOSES OF REVIEW, FCC FORM 394 SUBMITTED BY TIME
WARNER CABLE, INC. RELATING TO A FRANCHISE TRANSFER AND AUTHORIZING
THE CITY MANAGER AUTHORIZATION TO DENY THE TRANSFER APPLICATION
WITHOUT PREJUDICE AND AGREE TO EXTEND THE APPLICATION REVIEW PERIOD
RECOMMENDATION:
Adopt.
FISCAL IMPACT:
There is no fiscal impact to the City based on the approval of this action.
BACKGROUND 1 DISCUSSION:
Adelphia Communications, the City's cable franchisee, is currently progressing through bankruptcy
proceedings. Recently, Time Warner Cable, Inc. and Comcast Corp. entered into an Asset Purchase
Agreement with Adelphia for the majority of their cable system operations throughout the country. Upon
final approval of these complicated transactions, the affected Adelphia systems will be removed from
bankruptcy proceedings and the operation of the systems will be divided between Time Warner Cable
and Comcast Communications.
Currently, the City's cable television franchise is held in a partnership between Adelphia
Communications, which holds a 75% stake, and Comcast Corporation, which owns 25%. Adelphia and
Comcast Cable Holdings, LLC, an indirect subsidiary of Comcast Corporation, have entered into an
Asset Purchase Agreement in which Comcast would acquire Adelphia's full interest in the partnership,
giving them a 100% stake.
On June 14, 2005, The City received a FCC Form 394 from Time Warner Cable, Inc. requesting that the
City approve transfer of the cable television franchise from Adelphia to CAC Exchange 1, LLC, an indirect
subsidiary of Comcast. Then, pursuant to an exchange agreement between Comcast, Time Warner
Cable, and the related entities, control of the franchise would again change hands from CAC Exchange I,
LLC to an indirect subsidiary of Time Warner Cable. Ultimately, the City's cable television franchise
would be assigned to, and do business as Time Warner Cable.
According to FCC regulations governing franchise transfers, the City has 120 days from the date of
submission of the FCC Form 394 to either approve or deny the transfer application. Should the City take
no action within this 120 day period, the transfer will be deemed accepted and approved by the FCC.
The current 120 day window is set to expire October 14, 2005.
There is one other option available other than approval or denial of the application. The City may choose
to seek an extension of the review period of the transfer application and all related appendices, reports,
and materials. An extension of the 120 day review period requires the mutual consent of both the City
and the applicant (Time Warner Cable).
The City has enlisted the support of consultant John Risk, a cable and communications expert, to assist
throughout the transfer proceedings. City staff and Mr. Risk have been reviewing the application
materials since receiving them on June 14, 2005. Due to the sheer size and scope of the application,
additional time beyond the original 120 day review period is required to complete a proper due -diligence
review.
At this time, the City Council has neither approved nor denied the proposed franchise transfer. The
attached resolution authorizes the City Manager to deny the transfer application and agree to extend the
120 day review period without additional action by the City Council. This resolution does not empower
the City Manager to accept or approve the transfer application. Any approval must be granted by the
City Council.
The resolution will encourage Time Warner Cable Inc. to agree to extend the review period deadline.
Once an extension is agreed upon, staff will return to the Council with a formal recommendation relative
to the franchise transfer application based on a fully completed review of the application.
Prepared by:
Yu4w
Ryan WLean, Senior Management Analyst
Attachments:
1. Draft Resolution No. 2005 -XX
no, Assistant City Manager
RESOLUTION NO. 2005-
A RESOLUTION OF THE DIAMOND BAR CITY COUNCIL ACCEPTING, FOR PURPOSES OF
REVIEW, THE FCC FORM 394 SUBMITTED BY TIME WARNER CABLE, INC. RELATING TO A
FRANCHISE TRANSFER AND AUTHORIZING THE CITY MANAGER TO DENY THE TRANSFER
APPLICATION WITHOUT PREJUDICE AND AGREE TO EXTEND THE APPLICATION REVIEW
PERIOD
A. RECITALS.
WHEREAS, the City of Diamond Bar (the "City") has entered into an agreement granting a nonexclusive
franchise to Adelphia Communications Corp. (the "Operator") to operate a cable television system in the
City and setting forth conditions accompanying the granting of the franchise (the "Franchise"); and
WHEREAS, the Operator filed an FCC Form 394, dated June 10, 2005, seeking approval of a transfer
of the Franchise to CAC Exchange I, LLC. (the "New Franchisee"); and
WHEREAS, the City has not, at the time of the adoption of this resolution, approved or denied the
request to transfer the Franchise to the CAC Exchange I, LLC, and reserves its rights as outlined in the
Franchise Agreement and other applicable Federal, State and local laws; and
WHEREAS, pursuant to the Franchise Ordinance and the Franchise Agreement between the City and
the Operator, neither the Franchise nor control of the Operator may be changed, transferred or assigned
without the consent of the City Council; and
WHEREAS, this proposed merger will result in a change in control of the Operator and requires the
City's consent; and
WHEREAS, the City Council of the City now desires to acknowledge receipt of said FCC Form 394 and
prescribe procedures for its review and consideration by the City.
B. RESOLUTION.
NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF DIAMOND BAR DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The FCC Form 394, dated June 10, 2005 is hereby deemed accepted for the purposes
of review, analysis, and consideration. Said review shall not constitute a waiver of the City's rights to
determine compliance with the existing Cable Franchise and to take appropriate action therewith.
SECTION 2. Since receipt of the FCC Form 394 on June 14, 2005, the City Manager, Assistant
City Manager, City Attorney, City Staff, and outside consultants designated by the City, and their designees
have been reviewing and analyzing the FCC Form 394 and have requested additional information deemed
necessary to properly analyze and make recommendations upon the FCC Form 394.
SECTION 3. The City Manager or her designee is hereby authorized, without further action by this
Council, to reject the FCC Form 394 without prejudice, and the approvals requested therein, without further
action of this City Council for the following reasons and upon the following bases:
A. Failure or refusal to file a proper or complete FCC Form 394 with all information
required therein.
B. Failure or refusal to provide all documents and information requested by City Staff,
Special Counsel, and outside consultants retained by the City.
C. Failure or refusal to reasonably cooperate with City Staff, City Attorney, Special
Counsel and outside consultants retained by the City in undertaking due diligence
investigations including, but not limited to, physical inspections of the cable television
system and inspection of records relating thereto.
D. Failure or refusal to demonstrate compliance with the Cable Television Consumer
Protection and Competition Act of 1992 (the "1992 Cable Act"), any and all
implementing regulations of the Federal Communications Commission, or any other
applicable local, state or federal law.
E. Refusal of any assignee or transferee to accept, without condition of reservation, the
terms and conditions of the existing Franchise or to require as a condition of consent or
approval the amendment, modification, extension or alteration of the terms and
conditions of the Franchise.
F. An announced or actual change in control of the Transferee, or any limited or general
partner thereof, which occurred subsequent to the date of the FCC Form 394.
SECTION 4. The City Manager or her designee, without further action by this Council, shall be
empowered to seek Operator's consent to a sufficient extension of the 120 day deadline for approval of
the proposed transfer so that the City may complete its due diligence review of the franchise transfer
application material submitted by Operator.
SECTION 5. Any decision made by the City Manager pursuant to the authority granted in this
Resolution shall be deemed a decision of the City Council for the purposes of Section 617 of the 1992
Cable Act and the implementing regulations of the Federal Communications Commission.
PASSED, APPROVED AND ADOPTED THIS 16th DAY OF AUGUST 2005.
Wen P. Chang, Mayor
I, Linda C. Lowry, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing
Resolution was passed, adopted and approved at a regular meeting of the City Council of the City of
Diamond Bar held on 19th day of July, 2005, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
ATTEST:
Linda C. Lowry, City Clerk
City of Diamond Bar
CITY COUNCIL
Agenda # 8.1
Meeting Date: August 6 2005
AGENDA REPORT
TO: Honorable Mayor and Members of he City Council
VIA: Linda C. Lowry, City Manager
V
TITLE: Appropriation of $14,000 from General Fund Reserves to fund improvements at the
Diamond Bar Library.
Recommendation:
It is recommended that the City Council appropriate $14,000 from General Fund Reserves for
improvements at the Diamond Bar Library.
Budget/Financial Impact:
The cost estimates for the Library Task Force's recommendation to improve the Diamond Bar Library
were not received until the completion of the FY 2005-06 budget. Therefore, no funds are
appropriated in the current budget for these improvements.
Background:
In 2004 the City created a Library Task Force. The purpose of the Task Force was to:
1. Review Current status of the City's application for funding
2. Develop Action plan if grant funding is awarded
3. Develop Alternative financing plan if grant funding request fails
4. Identify Short Term/Interim capital improvements to the existing facility
The short term/interim capital improvements were presented to the City Council at a study session on
,July 19'". These recommendations include the following:
• Tear out existing glass "typing booths" and create a new book display area including signage
($25,000)
• Install four (4) additional computer work stations @ $4600 each ($18,400). Computers fully
loaded with printers, software and hardware security is $3100. We would add $1500 for a
table and chair of good quality. The $3100 is a set price, the furniture would depend on what
is selected. Sometimes the furniture solution is less than $1500
• Develop a Young Adult area- $10,000 -We would involve some of the young adults in picking
out furniture and display material.
• PLANTS — ($1,500) plus maintenance
o Installation of two (2) 32 inch low flower bowl — self watering system. Approximately 3 ft
perennial with annual color plants around the bottom.
o Maintenance - $100 per month includes weekly visits to fill watering system, fertilizing,
trimming. Replace annual color plants at additional costs.
• BENCHES AND TABLES ($2400)
o Concrete Bench -
o Table with seat benches
The County Library is willing to contribute $25,000 towards the improvements and Supervisor Knabe
has committed $18,400 for the purchase of the computers. This would leave $14,000 of unfunded
projects to complete all of the Task Force recommendations. At the July 19th study session, the City
Council directed staff to place an item on a future agenda to appropriate $14,000 to fund the
remaining improvements to the Diamond Bar Library.
It is requested that the Council provide direction on the timing of the improvements. The Task Force
recommended that the improvements be done after the election for the library construction and
operating cost bond. At that time it was envisioned the election would be held in November. The City
Council recently provided direction to staff that it would like the election to be held in April 2006. With
the election date delay, the City may consider moving forward with the improvements as soon as
possible. On the other hand, making improvements to the current facility could have an effect on the
ballot measure if completed before the election.
PREPARED BY:
Assistant City anager
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