HomeMy WebLinkAbout10/18/2005Gay Council Agenda
Tuesday, October 18, 2005
5:00 p.m. — Closed Session — CC -8
6:00 p.m.— Study Session — CC -8
6:30 p.m. - Regular 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
A.M. AND =EVERY 'TUESDAY AT 8:00 P.M. ON
CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
October 18, 2005
Next Resolution No. 2005-56
Next Ordinance No. 10(2005)
CLOSED SESSION: 5:00 p.m., Room CC -8
Public Comments on Closed Session Agenda
► Labor Negotiations with Unrepresented Employee
Government Code Section 54957.6: Asst. City Manager
Potential Litigation
► Government Code Section 54956.9(c)
1 case
► Conference with Real Property Negotiators: Government Code
Section 54956.8
Property Address:
Agency Negotiator:
Negotiating Party:
Under Negotiation:
STUDY SESSION:
Sandstone Canyon
City Manager
Walnut Valley Unified School District
Price and Terms of Payment
6:00 P.M., Room CC -8
► Consideration of Palm Trees as Landscape Elements for Commercial
Centers.
► Introduction of the Planning Concept called "Form Based Code" and
Discussion of a Future Joint Meeting with Planning Commission to
Discuss this Concept.
Public Comments
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
OCTOBER 18, 2005
PAGE 2
INVOCATION: Ahmad H. Sakr, Ph.D.
Islamic Education Center
ROLL CALL: Council Members Herrera, Tanaka, Zirbes,
Mayor Pro Tem O'Connor, Mayor Chang
APPROVAL OF AGENDA: Mayor
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Proclaiming October 28, 2005 as "National Immigrants Day".
1.2 Proclaiming October 23-29, 2005 as "Red Ribbon Week".
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
2.1 Consideration of Mailing City Council Agendas
2.2 Trails Project — Oral Presentation
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 PLANNING COMMISSION MEETING — October 25, 2005 - 7:00 p.m.,
Auditorium, AQMD/Government Center, 21865 Copley Dr.
5.2 PARKS AND RECREATION COMMISSION MEETING —October 27,2005-
7:00 p.m., Hearing Board Room, AQMD/Government Center, 21865 Copley
Dr.
5.3 "Hall of Horrors" Haunted House — October 28, 29 and 31, 2005 — 6:00 —
9:00 p.m., - Heritage Park, 2900 S. Brea Canyon Road. Admission $4.00.
5.4 Fall Fun Festival — October 31, 2005 — 4:30 — 8:30 p.m. — Heritage Park,
2900 S. Brea Canyon Rd. Admission $4.00 per child.
OCTOBER 18, 2005 PAGE 3
5.5 CITY COUNCIL MEETING — November 1, 2005 — 6:30 p.m., Auditorium,
AQMD/Government Center, 21865 Copley Dr.
5.6 PUBLIC SAFETY COMMITTEE MEETING — November 7,2005 — 7:00 p.m.,
Diamond Bar/Walnut Sheriff Station, 21695 E. Valley Blvd., Walnut
5.7 ELECTION DAY — November 8, 2005 — Polls open 7:00 a.m. to 8:00 p.m.
6. CONSENT CALENDAR:
6.1 CITY COUNCIL MINUTES - Regular Meeting of October 4, 2005 — Approve
as submitted.
6.2 PLANNING COMMISSION MINUTES:
6.2.1 Regular Meeting of September 13, 2005 - Receive and file.
6.2.2 Regular Meeting of September 27, 2005 —Receive and file.
6.3 Ratification of Check Register — Dated September 30, 2005 through
October 13, 2005 in the amount of $1,150,854.74.
6.4 Rejection of Claim - Filed by Zin Maw on September 8, 2005.
Recommended Action: Reject.
Requested by: City Clerk
6.5 Notice of Completion for Slurry Seal Area 1 Project at Various
Locations.
Recommended Action: File Notice.
Requested by: Public Works Division
6.6 Approval of $1,900 Carryover of Tuition Reimbursement for the City
Manager for a Total of $4,900 in FY 2005-06.
Recommended Action: Approve.
Requested by: City Manager
OCTOBER 18, 2005 PAGE 4
6.7 Allocation of $400 from the Community Support Fund in Support of
the Los Angeles County Sheriff's Department "STAR" Program
Skydiving Team.
Recommended Action: Appropriate.
Requested by: Sheriff Department
6.8 Adopt Resolution No. 2005 -XX Supporting Proposition 76 "Live Within
Our Means Act", on the November 8, 2005 Statewide Special Election
Ballot.
Recommended Action: Adopt.
Requested by: Mayor Chang
6.9 Approve Contract Amendment with Warren C. Siecke for Design
Engineering Services for Traffic Signal and Interconnect Installation on
Grand Ave. at Diamond Bar Blvd. in the Amount of $13,000; and
Authorize a Contingency Amount of $3,000 for Contract Change Orders
to be Approved by the City Manager for a Total Authorization of
$16,000.
Recommended Action: Approve.
Requested by: Public Works Division
7. PUBLIC HEARINGS: None
8. COUNCIL CONSIDERATION: None
9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT:
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STUDY SESSION ITEMS:
NO DOCUMENTATION AVAILABLE
Agenda # 2.1
Meeting Date: October 18.2005
CITY COUNCIL . AGENDA REPORT
��'�oiarux�cet'
TO: Honorable Mayor Chang and Members of the City Council
THROUGH: Linda Lowry, City Manager
SUBJECT: Consideration of Mailing City Council genda
RECOMMENDATION:
Staff recommends the City Council continue with the status quo of providing the City Council
agenda through the website, DBTV and various locations throughout the City and not start
an agenda mailing program. However, if the City Council desires a City Council agenda
mailing program, we recommend a program that requires residents to provide a self
addressed, stamped envelope.
BACKGROUND:
Prior to the development of the City's website and creation of DBTV, the City Clerk's office
mailed copies of the City Council agenda to any resident and business that requested it.
Now the agenda information is available through the following resources:
• Posted at Heritage Community Center, City Hall, DB Library and the AQMD Building
• Extra copies of the agenda are available at the front counter in City Hall
• Scrolls on DBTV, Adelphia Channel 3 from Friday night until Tuesday (when the
California Channel is not running)
• Agenda and all staff reports are available through the City's website
• Agenda subscription service available through the City's website — generates an e-
mail to any subscriber with direct link to agenda document.
• Agenda is read by City Manager during the Council meeting.
Since the availability of the agenda and support documents is available at numerous
locations through out the City and different media, we no longer mail City Council agendas.
DISCUSSION:
At a recent City Council meeting a resident requested the City mail him an agenda at no
cost. Of course, if this service were made available to this one resident, it would have to be
available to all Diamond Bar residents. With over 16,000 parcels in town, the mailing costs
alone could exceed tens of thousands of dollars each year. Also, the City operates using
limited staff which allows us to keep operational costs at a minimum. The City does not
have sufficient staff to accommodate a large number of requests for a mailed agenda.
The agenda and its supporting documents are prepared and assembled on the Friday prior
to the Council meeting. Many times, the process requires staff to work beyond closing to
assemble and deliver the agenda to the posting locations and City Council. The additional
task of mailing agendas to individuals could further impact staff overtime. Also, since the
agenda is not always completed prior to 5 PM, the mailing may not occur until Saturday or
even Monday prior to the Council meeting, which would result in residents receiving the
agenda after the Council meeting. The most expeditious way to receive the agenda is to
visit the City's website.
City staff believes that the agenda and supporting documentation is available in numerous
locations and readily available through various media and mailing of agendas is neither cost
effective use of staff resources nor necessary. However, if the Council would like to create a
process for receiving a mailed agenda, we recommend that residents provide 24 self,
addressed, stamped envelopes (SASE) – no smaller than a #10 envelope - to the City
Clerk's Office. Of course, we can not guarantee that the agenda will be delivered by the US
Post Office prior to the City Council meeting for the reasons explained above.
We surveyed a number of cities in California regarding this issue and the results are
summarized below:
Subscription
SASE Required
Combo
SASE/Subscription
Don't Mail
Mail No Cost
21 Cities
37 Cities
4 Cities
113 Cities
16 Cities
The charge to the resident for the annual subscription services ranged from $20 to $125 with
an overall average of $50 per year.
The recurring comment from nearly every City surveyed was that most people are getting
the agenda information from their website.
Prepared By:
— PT?
David Do e, Assist City Manager
MAILING OF AGENDAS
city
Annual Subscription
Self -Addressed
DON'T MAIL
Mail Free
La una Hills
$25.00
Chino Hills
Yes
Lake Forest
Yes
Redlands
Yes
Lancaster
Yes
Chino
DOESN'T MAIL
Ontario
Yes
Los Angeles
Yes
Garden Grove
Yes
Redondo Beach
DOESN'T MAIL
Colton
DOESN'T MAIL
Costa Mesa
Yes
San Dimas
Yes
Burbank
$125.00
EI Centro
Yes
Anaheim
DOESN'T MAIL
West Covina
Yes
Downey
Yes
Duarte
Yes — but no requests
Beverly Hills
$75.70
Woodland Hills
DOESN'T MAIL
Brea
Yes
Tustin
$72.00
Orange
DOESN'T MAIL
Ingle ood
DOESN'T MAIL
W. Hollywood
$25.00
Rancho SM
$30.00 — but no subscribers
Grover Beach
$33.00 or SASE
Yes
Fairfax
Yes
Ft. Bra
$35.00
Cupertino
Yes
Ukiah
Yes
Palmdale
Yes
Hanford
Yes
Vacaville
Yes
Lodi
$20.00
Hollister
DOESN'T MAIL
Belmont
$32.00
Buellton
DOESN'T MAIL
Needles
Yes
Taft
Yes
Manteca
$20.00 or SASE
Yes
Dublin
$40.00
San Luis Obispo
$40.00
Santa Maria
Yes
W. Sac
Yes
Lawndale
Yes — but no requests
Encinitas
Yes
Yucca Valle
Yes
Concord
$79.00
city
Annual Subscription
Self-Addressed
DON'T MAIL
Mail Free
Martinez
$45.00 or SASE
Yes
Milpitas
DOESN'T MAIL
Clovis
Yes
Gilroy
$60.00
Oxnard
DOESN'T MAIL
Turlock
$35.00 only 1 subscriber
Bakersfield
$65.00
Porterville
Yes
St. Helena
Yes
Solvang
Yes
Fresno
$70.00
Redwood Ci
$35.00
Santa Maria
Yes
S.Lake Tahoe
$100.00
Paso Robles
Yes
PittsburgYes
Norco
$65.00
Healdsburg
$21.50
Cloverdale
$60.00
Yes
Clearlake
Yes
Paradise
DOESN'T MAIL
Brisbane
Yes
Pinole
58.00
Yes
Los Gatos
$25.00 only one subscriber
Albany
Yes
Galt
Yes
San Jacinto
Yes
Yes
Hesperia
DOESN'T MAIL
Marysville
Yes
Monte Sereno
18.00 or SASE
Yes
Chula Vista
$30.00
AGENDA NO. 2.2
TRAILS PROJECT
POWER POINT PRESENTATION
NO DOCUMENTATION AVAILABLE
Recreation Trails Program
Status on Implementation of the
Trails Master Plan
City Council Meeting, 10/18/05
City-wide Recreational Trails
. Opportunity for development of 7.4
miles of hiking trails in Diamond Bar.
. Staff is now working on the 2.5 miles of
trails in Sycamore Canyon Park and in
the 350 acres of open space adjacent to
the Diamond Bar Center.
City-wide Recreational Trails
. Currently concentrating efforts on trail
heads and access points up steep
grades and across severe cross -slopes.
. Decomposed granite trails will follow
with smooth surfaces that are less
susceptible to erosion.
City-wide Recreational Trails Map
Dirt Path Decomposed
Granite
1
Sycamore Canyon Park Trail
Across V -ditch to Water Fall
I m
SYCAMORECANYON VIEW DECK K
c
...._._— _-�__. una - —,.
- I
rrv op�mnmonu �___�
View Deck at Water Fall now
under construction
Sycamore Canyon Park Trail to
the Water Fall
Design of access points to
Summit Ridge Trail
. Steep Canyon & Clear Creek Canyon
. Diamond Bar Center toward Summit
Ridge Mini -Park
. The construction of these access points
will be funded with a $140,000 grant
from the Rivers and Mountains
Conservancy
3
Grant Requests Submitted to
Complete Decomposed Granite
Trails at Sycamore Canyon Park
. State Recreation Trails Grant Program
. Prop 50 California River Parkways Grant
Program
Prop 50 Trails Grant Submittal
Recreation Trails Grant Submittal
Recreation Trails Grant Submittal
�_.
61
Agenda No. 6.1
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
OCTOBER 4, 2005
r�
STUDY SESSION: 5:30 p.m., Room CC -8
> Pavement Traffic Management Program
> Annexation of Rowland Heights
> Public Comments
M/Chang adjourned the Study Session at 6:30 p.m. to Closed Session
CALL TO ORDER: Mayor Chang called the regular City Council meeting to
order at 6:45 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr.,
Diamond Bar, CA.
Mayor Chang reported that the City Council began its evening with the Study Session
during which Council received reports on the Pavement Management Program and the
possible annexation of Rowland Heights. Council felt that with the limited information
available it was inappropriate to move forward with annexation of Rowland Heights at this
time.
PLEDGE OF ALLEGIANCE: Council Member Herrera 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; David Doyle, Assistant City
Manager; Michael Jenkins, City Attorney; David Liu, Director of Public Works; Bob Rose,
Community Services Director; Ken Desforges, IS Director and Nancy Fong, Interim
Planning Director.
APPROVAL OF AGENDA: CM/Lowry asked that Item 3.2 be moved to Item 1.5
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Council Member Zirbes presented Certificate of Recognition to Marco Avila
for his heroic assistance in rescuing a survivor of a recent plane crash at Cal
Poly Pomona.
1.2 Mayor Chang presented Certificates of Recognition to the Diamond Bar
Senior Citizens Club and the Senior Needlework Class who have been
making gifts for the U.S. Servicemen and Servicewomen fighting in Iraq.
OCTOBER 4, 2005 PAGE 2 CITY COUNCIL
1.3 Mayor Pro Tem O'Connor proclaimed "Lawsuit Abuse Awareness Week" -
October 3-7, 2005.
1.4 Council Member Herrera proclaimed "Fire Prevention Month - October 2005."
1.5 Marsha Hawkins announced "Read Together Diamond Bar" events. Mayor
Chang proclaimed October 2005 "Literacy Month."
1.6 Irene Wang, Librarian, D.B. Library, introduced Mary Yogi, new Reference
Librarian.
BUSINESS OF THE MONTH:
1.7 Council Member Tanaka presented a City Tile to Bob Welch, owner of Bob
Welch's Custom Shoe Repair as Business of the Month for October 2005;
and displayed a Business of the Month slide show.
CITY MANAGER REPORTS AND RECOMMENDATIONS:
2. PUBLIC COMMENTS:
None Offered.
Lydia Plunk, Editor, The Windmill, stated that November's publication focuses on
Gratitude and contains features on community veterans past and present. She
hoped that everyone would participate.
Jerry Hamilton said that as a citizen of D.B. he appreciated CSD/Rose and his
commitment to the community. He asked that the Council consider naming the
Trailhead after Mr. Rose and at the very least provide a recognition plaque.
Clyde Hennessee said that at the last meeting he asked to have the City Council
agenda mailed to his home at a cost of 37 cents and pointed out that the City was
spending thousands of dollars to find out whether the residents wanted a new
library. He felt that a petition would have served the purpose and it would not have
cost the City anything. In his opinion it was not fiscally responsible or logical.
4. RESPONSE TO PUBLIC COMMENTS: None Offered.
SCHEDULE OF FUTURE EVENTS:
5.1 DIAMOND BAR CITY COUNCIL CANDIDATES FORUM —October 5,2005-
6:00 — 8:00 p.m., Auditorium, AQMD/Government Center, 21825 Copley Dr.
5.2 PLANNING COMMISSION MEETING — October 11, 2005 — 7:00 p.m.,
Auditorium, AQMD/Government Center, 21865 Copley Dr.
OCTOBER 4, 2005 PAGE 3
CITY COUNCIL
5.3 TRAFFIC AND TRANSPORTATION COMMISSION MEETING —October 13,
2005 — 7:00 p.m., Hearing Board Room, AQMD/Government Center, 21865
Copley Dr.
5.4 CITY COUNCIL MEETING — October 18, 2005 — 6:30 p.m., Auditorium,
AQMD/Government Center, 21865 Copley Dr.
6. CONSENT CALENDAR: C/Zirbes moved, C/Herrera seconded to approve the
Consent Calendar as presented with the exception of Items 6.6 and 6.8. 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 —September 20, 2005 —Approved as submitted.
6.1.2 Regular Meeting — September 20, 2005 — Approved as submitted.
6.2 RECEIVED AND FILED PARKS AND RECREATION COMMISSION
MINUTES — Regular Meeting of August 25, 2005, 2005.
6.3 RATIFIED CHECK REGISTER dated October 4, 2005 in the amount of
$788,473.75.
6.4 REVIEWED AND APPROVED TREASURER'S STATEMENT — month of
August 2005.
6.5 (a) AWARDED CONSTRUCTION CONTRACT FOR COMMUNITY
DEVELOPMENT BLOCK GRANT SIDEWALK PROJECT IN THE AMOUNT
OF $191,000 WITH A CONTINGENCY AMOUNT OF $28,650.
(b) AMENDED PROFESSIONAL ENGINEERING SERVICES
CONTRACT FOR THE CDBG SIDEWALK INSTALLATION PROJECT WITH
DEWAN, LUNDIN & ASSOCIATES (DL&A) FOR A ONE YEAR EXTENSION.
6.7 AUTHORIZED CITY MANAGER TO EXECUTE A CONSULTING SERVICES
AGREEMENT WITH MUNICIPAL ENGINEERING RESOURCES (M.E.R.) IN
A NOT -TO -EXCEED AMOUNT OF $40,000 FOR "AS NEEDED"
ENGINEERING SERVICES.
6.9 APPROVED AN AMENDMENT TO THE 2005-2006 FISCAL YEAR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM TO
INCLUDE $15,000 OF CARRYOVER FUNDS TO INSTALL AMERICAN
DISABILITIES ACT (ADA) COMPLIANT CITY HALL ENTRY DOORS AND
ADOPTED RESOLUTION NO. 2005-55.
OCTOBER 4, 2005 PAGE 4 CITY COUNCIL
ITEMS WITHDRAWN FROM CONSENT CALENDAR:
6.6 AMEND CONTRACT WITH SUNGARD PENTAMATION TO PURCHASE
FALSE ALARM TRACKING SOFTWARE ($16,000) FOR A TOTAL
CONTRACT AMOUNT OF $41,000.
At the request of C/Zirbes, CM/Lowry explained that during a 12 -month
period businesses and residences are allowed two public safety false alarm
responses and beginning with the third false alarm response the City has a
right to recover the costs of that and future false alarm responses during the
same 12 -month period. This software tracking system offers the City an
opportunity to recover those costs via a billing system.
ISD/Desforges stated that the fees are $100 for the first offense, $200 for the
second offense and $500 for the third and subsequent offenses.
C/Zirbes moved, C/Herrera seconded, to approve an amendment to the
contract with Sungard Pentamation to purchase False Alarm Tracking
Software ($16,000) for a total contract amount of $41,000. 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
6.8 ADOPTED RESOLUTION NO. 2005-54: APPROVING CITY COUNCIL
"STANDARDS OF OPERATION AND CODE OF ETHICS" TO CLARIFY THE
PROCESS WHEREBY COUNCIL MEMBERS PLACE ITEMS ON THE
COUNCIL AGENDA.
MPT/O'Connor said she would not approve adoption of Resolution No. 2005-
54 because she found it ironic that it was more and more difficult for Council
Members to place an item on the agenda while there were no "full content
disclosure" restrictions on the use of personalized City stationery by City
Council Members.
C/Herrera wanted the public to know that the entire Code of Ethics was
compiled and edited over a period of about 18 months with a lot of the
documentation being gathered from current City Hall manuals and
documents as well as documents used and provided by neighboring cities.
The document was reviewed by CA/Jenkins and returned to the committee
for an intensive and thorough process. She felt the amendment was good.
C/Tanaka felt that the proposed Code of Ethics addressed the proper use of
personalized City stationery.
OCTOBER 4, 2005 PAGE 5 CITY COUNCIL
M/Chang felt that Council Members were responsible enough to use their
personalized City stationery in a proper way.
C/Herrera moved, C/Tanaka seconded, to adopt Resolution No. 2005-54.
Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Herrera, Tanaka, Zirbes,
M/Chang
NOES: COUNCIL MEMBERS: MPT/O'Connor
ABSENT: COUNCIL MEMBERS: None
7. PUBLIC HEARINGS: None
8. COUNCIL CONSIDERATION:
8.1 ADOPTTHE MANUAUGUIDELINES FORTHE NEIGHBORHOOD TRAFFIC
MANAGEMENT PROGRAM (NTMP) AND APPROVE FIVE
RECOMMENDED NTMP PROJECTS EACH WITH AN APPROXIMATE AND
BUDGETED VALUE OF $25,000.
PWD/Liu reported that because the most persistent and emotional
complaints received by the City were for speeding and traffic volumes on
residential streets, the Neighborhood Traffic Management Program (NTMP)
offered a new approach to managing traffic within residential neighborhoods.
Joe Faulter, consultant and SMA/Gomez presented the details of the NTMP.
Mr. Faulter explained that traffic -calming devices slow vehicles down on
streets and reduce the negative effects of speeding and excessive volume
thereby enhancing the quality of life, and increasing safety for residents,
motorists and pedestrians. The four E's are based on a toolbox of strategies:
Engineering, Enforcement, Education and Enhancement. Staff and the
consultant recommended that the NTMP be considered as a pilot program
and be implemented as such with signs and press releases informing the
residents about the nature of the program, encouraging residents to review
the program, comment on the program and become a part of the program.
And if successful, the program could be expanded based on residents' input
and future Council's decisions.
SMA/Gomez detailed the program for each district:
Area 1 —northern portion of the City and particularly Sunset Crossing Road
and Prospectors Road — install centerline striping and parking lanes. On the
east side of Diamond Bar Boulevard to Golden Springs Drive, place signs at
street entrances to let motorists know they are entering a residential area;
install parking lanes, striping and speed cushions where grades permit.
These devices are expected to narrow the street, slow traffic and limit truck
traffic.
OCTOBER 4, 2005 PAGE 6
CITY COUNCIL
Area 2 — Fountain Springs to Diamond Bar Boulevard — to mitigate cut
through and speeding traffic from Brea Canyon Road, install speed cushions
and narrow the roadway with striping and Texas dots. Near Castle Rock
Elementary School install centerline striping with speed cushions and Texas
dots to prevent erratic driving behavior and U -Turns.
Area 3 — Diamond Bar Boulevard and Grand Avenue — focus on Rancheria
Avenue just east of Golden Springs Drive — install mini -circles with Texas
dots and striping at the intersections. Golden Prados east of Golden Springs
— extend the median with centerline striping and Texas dots to narrow the
road and prevent speeding. Add speed cushions to slow traffic moving down
the hill on Golden Prados toward Bridle.
Area 4 — Middle of the City on Maple Hill Road near Maple Hill Elementary
School — install speed cushions and raised/textured crosswalk, add red
curbing along crosswalk and driveway areas to provide more protection for
students/pedestrians and for the ingress/egress to the school parking lot. On
Cliffbranch Drive add speed cushions where the grade permits to reduce cut -
through traffic.
Area 5 — Westerly portion of the City; Lycoming and Glenwick near Walnut
Elementary School, businesses and residential area collector road with truck
traffic pass through from Brea Canyon Road to Diamond Bar Boulevard -
install speed cushions, a raised textured crosswalk, Texas dots near
Glenwick and add a median for additional protection for the
residents/pedestrians.
SMA/Gomez explained that the next step in the process was to obtain
Council's approval of the pilot project under the current FY 2005-2006 budget
allocating $125,000 for improvements. In addition, staff was seeking
Council's approval of the NTMP manual. The installed pilot projects will be
used as a reference for future requests for traffic mitigation and all future
NTMP requests will have a formal process in accordance with the provisions
of the NTMP manual.
M/Chang asked for public comment.
Jerry Hamilton felt his area of Quail Summit in front of the school should be
considered for mitigation.
M/Chang explained that the five areas were pilot projects and that other
areas would be considered for mitigation based on the success of the
program and feedback from the residents. He said that Mr. Hamilton's
comments would be taken into consideration for any possible future
development.
M/Chang closed public comments.
OCTOBER 4, 2005 PAGE 7 CITY COUNCIL
C/Zirbes said that staff and the consultant had worked on this program for
about a year and that Council had hoped for greater participation by the
residents. The pilot programs were considered based on a ranking and the
NTMP was being initiated to provide greater safety in the residential areas.
He felt that the program would prove itself successful and thanked staff, the
Traffic and Transportation Commission and residents who attended the
neighborhood meetings.
C/Zirbes moved, MPT/O'Connor seconded, to adopt the Manual/Guidelines
for the Neighborhood Traffic Management Program (NTMP) and approve five
recommended NTMP projects each with an approximate and budgeted
cost/value of $25,000. 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/Zirbes said he was back at work and feeling better and stronger every day and
that he had been in touch with residents and staff. He and M/Chang plan to
reconvene the Economic Committee and the Neighborhood Improvement
Committee to discuss important financial issues. Earlier this evening a speaker
mentioned that the Council was paying "hundreds of thousands of dollars" for a
survey to see if residents wanted a new library. He reminded the speaker that at the
last City Council meeting he made a motion to approve slightly more than $20,000
for the survey. A new library is a multi-million dollar decision and the Council needs
to decide whether it is worth spending $20,000 to determine the community's pulse.
He believed that if the community decided it did not want a library tax, it would not
be approved as a ballot measure. In essence, the City would save hundreds of
thousands and in fact, millions of dollars by making that initial determination.
Perhaps there was false information being presented during this election season.
He asked residents to please contact one of the Council Members or staff for
clarification when they hear information that does not sound correct. He again
thanked the community for continuing to support him during his recovery and said
that it was his honor to serve the people as a City Council Member.
C/Herrera reported that she had the pleasure of testifying before the Board of
Supervisors on one of their agenda items. A few years ago voters passed Measure
B, a measure that takes tax dollars from each household for trauma centers and
hospital emergency rooms. She is president of the San Gabriel Council of
Governments and about a year ago the Council created a task force made up of
residents of the various San Gabriel Valley cities to determine whether one of the
area hospitals would consider creating a trauma center. The closest hospital to D.B.
is Huntington Memorial in Pasadena. There are no trauma centers within the San
Gabriel Valley, a cause of great concern to the 31 cities. The households within the
OCTOBER 4, 2005 PAGE 8
CITY COUNCIL
Valley, contribute $36 million a year toward the venture. A couple of Pomona
hospitals were approached and because it costs millions of dollars to convert
facilities to qualify for a trauma center and because hospitals must dedicate
operating rooms for trauma and provide doctors and nurses on a 24/7 basis it was
determined that none of the Pomona hospitals were able to afford the conversion of
their facilities to provide trauma centers. The task force approached the Board of
Supervisors and the three supervisors that represent the cities in the San Gabriel
Valley. Mike Antonovich, Gloria Molina and Don Knabe became dissatisfied that the
San Gabriel Valley was not getting its fair share. C/Herrera testified on behalf of a
"yes" vote at the Board of Supervisors meeting to spend $450,000 a year from
Measure B taxes for a helicopter that would be housed in the City of Industry and
would be on-call in the event of a critical accident with a victim needing to be airlifted
to a trauma center. The helicopter would transport the victim(s) to the Los Angeles
County USC Medical Center. She is proud that the Board was able to provide the
helicopter for the San Gabriel Valley residents. C/Herrera apologized for causing
undue alarm amongst residents regarding her request to discuss the feasibility of
annexing Rowland Heights with her fellow Council Members because it was merely
a question that was posed to her and she needed to discuss the matter with her
colleagues to determine whether they were interested in pursuing the matter further.
Any discourse among Council Members must be done in the public eye so as not to
violate the Brown Act. Her request did not mean that this City Council was in favor of
pursuing annexation because if residents did not want this City Council to pursue
annexation of Rowland Heights the City Council most certainly would not. City
Council Members are elected by the people to represent the people, and to make
decisions based upon the people's desires. Annexation is a two or three year
process that entails public meetings and a vote. She reiterated that this request was
a desire to determine the feelings of her fellow Council Members so that she could
appropriately and adequately communicate their feelings to the residents of
Rowland Heights.
C/Tanaka said he attended the California Contract Cities Association meeting, the
Chamber of Commerce networking breakfast, the Parents Coordinating Council's
fourth annual silent auction and dinner at Lanterman Developmental Center,
Pomona Mayor Eddie Cortez's funeral along with C/Herrera and MPT/O'Connor, the
Parks and Recreation Commission meeting, the Diamond Bar Day at the County
Fair along with M/Chang and MPT/O'Connor, the first fundraiser for the district Leo
Club along with M/Chang and the Public Safety Meetings with the D.B. Walnut
Sheriff's Station.
MPT/O'Connor, in addition to the events mentioned by C/Tanaka attended the D.B.
Chamber of Commerce Board meeting and the Walnut Valley Kiwanis installation
dinner on Saturday night. She wished her husband a happy 25th wedding
anniversary.
M/Chang said he was pleased that C/Zirbes was enjoying a speedy recovery and
that he was anxious to get back to work. He cautioned C/Zirbes that the most
important thing was for him to take time to fully recover. M/Chang reported that he
accepted an invitation from the World Trade Center in Los Angeles and the Los
OCTOBER 4, 2005 PAGE 9 CITY COUNCIL
Angeles Economic Development Corporation to join a large group (130 plus) to visit
China and speak about business opportunities and to promote Los Angeles and
America. The United States ranks No.1 in attracting capital investment. He said that
he paid for his trip and did not spend any taxpayer dollars. He thanked the residents
for their participation in tonight's meeting and wished them a good evening.
10. ADJOURNMENT: With no further business to conduct, M/Chang adjourned the
meeting at 8:30 p.m.
LINDA C. LOWRY, CITY CLERK
The foregoing minutes are hereby approved this _ day of 2005.
WEN CHANG, MAYOR
Agenda No. 6.2.1
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
SEPTEMBER 13, 2005
CALL TO ORDER:
Chairman McManus called the meeting to order at 7:08 p.m. in the South Coast Air Quality
Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar,
California 91765.
PLEDGE OF ALLEGIANCE: Commissioner Tye led the Pledge of Allegiance.
ROLL CALL:
Present: Chairman Joe McManus, Vice Chairperson Ruth Low,
and Commissioners Dan Nolan, Tony Torng and Steve Tye.
Also present: James DeStefano, Assistant City Manager; Nancy Fong,
Planning Manager; Ann Lungu, Associate Planner and Stella Marquez, Senior
Administrative Assistant.
2. PRESENTATION OF CITY TILES:
2.1. PRESENTATION TO PLANNING COMMISSION SECRETARY, JAMES
DESTAFANO.
C/Torng said he felt very disappointed that ACM/DeStefano was leaving the City.
However, he appreciated ACM/DeStefano's promise to give him a very detailed tour
of the City tomorrow.
VC/Low said it had been just fabulous working with ACM/DeStefano She
remembered that his first call to her indicating he wanted her to come visit him felt
like a summons to the principal's office. However, it was a wonderful meeting and
ACM/DeStefano displayed his mastery and passion for the City of Diamond Bar.
She was very sorry that Diamond Bar is losing ACM/DeStefano and the City's loss
is Chino Hills' gain. She was very sad about his departure and that he is grace
under pressure and the best wordsmith she has met. ACM/DeStefano has been a
great asset to the Commission and to the City.
C/Tye said it occurred to him that as of the 10th of this month ACM/DeStefano has
been with the City for 15 years and C/Tye has been able to hassle ACM/DeStefano
for 7 years and nine months of those 15 years. If ACM/DeStefano had shared with
him that he was driving ACM/DeStefano crazy C/Tye would have gone first. C/Tye
said he could not tell ACM/DeStefano how much the City would miss him because
SEPTEMBER 13, 2005 Page 2 PLANNING COMMISSION
he was the elder statesman of the City. To be here for 15 years out of the 16 and
one-half years that Diamond Bar had been a City was remarkable. What
ACM/DeStefano brought to the City and to this Commission and to the leadership
will be sorely missed and C/Tye said he was very sorry to see ACM/DeStefano go.
C/Nolan told ACM/DeStefano that he was a true professional, an asset to the City
and that he had been great in terms of all of the Commissions he had been involved
with as witnessed by his leadership. ACM/DeStefano had moved the City forward
through some very turbulent times and the City and this Commission will miss him.
C/Nolan said he was always pleased to say that he was affiliated with
ACM/DeStefano. He congratulated ACM/DeStefano and wished him good luck in
Cl ,no Hulls.
Chair/McManus said that in all of the years he had lived in Diamond Bar
ACM/DeStefano was no doubt the greatest loss the City had suffered internally.
Chair/McManus said he had spoken with several past Planning Commissioners as
well as people who do business with the City and all were of one accord. This City
and this Commission will miss ACM/DeStefano.
ACM/DeStefano thanked the Commission and said that indeed he had been with
the City 15 years as of Saturday, September 10. He said he had thoroughly enjoyed
all venues that he was involved in including the Planning Commission and that he
had worked with 20 different Planning Commissioners during the past 15 years. The
Commission has been able to do a great many good things with the City including
the General Plans, Development Codes, subdivisions, lots of new houses, lots of
new projects, acquisition of open space and an enormous number of things over the
years. For him one of the highlights is the culmination of the construction of the
Target project. He said he was very happy that hewas able to play a role in the
project because it would be a huge economic asset for the City as well as its first
new shopping center in 25 years. He said he was moving on to Chino Hills to do
very similar work in a new environment with new challenges and new opportunities.
While he was excited about the new endeavor he said he felt very guilty about
leaving and losing the daily association with people in Diamond Bar. He said he
would miss everyone and would carry a lot of good memories with him.
2.1.2 PRESENTATION TO OUTGOING PLANNING COMMISSIONER, STEVE
TYE.
C/Torng said that during the short time he served with C/Tye it was a fun time for
him. He said that he respects C/Tye's heart and he thanked C/Tye for his service.
SEPTEMBER 13, 2005
3.
9
Page 3 PLANNING COMMISSION
VC/Low recalled that the first time she sat on the Planning Commission dais she
had not realized the extent of C/Tye's wit whose legacy is that he leaves big shoes
to fill. His years of service are evident in the way he looks at and analyzes a project
and his questions indicate a concern for the applicant as well as the homeowner.
She said she respected his care and concern for both the homeowner and the
project and how a project would impact the City. She felt C/Tye was very dedicated
as evidenced by his visit to all sites and that he consistently voted his heart and his
conscience. She thanked C/Tye for his service to the City of Diamond Bar and said
she was proud to have served with him.
C/Nolan said that C/Tye had served on the Planning Commission for seven plus
years and prior to that tenure, four years on the Parks and Recreation Commission.
He has known C/Tye for several years and his rapierwit is his legacy. C/Nolan said
he appreciated C/Tye's friendship, the way he thoroughly investigated everything
the Commission had done and the City will miss his service on the Planning
Commission. He said he wished C/Tye nothing but the best going forward.
Chair/McManus said that in addition to his wit C/Tye had been a great help and
support to each of the Commissioners. He said he appreciated C/Tye's
thoroughness.
C/Tye said he appreciated the kind words and recognition. He thanked
ACM/DeStefano and PM/Fong. He said it was great to look around the City and
realize the number of projects that had received a stamp of approval from the
Planning Commission. There is still much to be done and C/Tye said he would miss
serving on the Planning Commission.
MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered
APPROVAL OF AGENDA: As Presented.
5. CONSENT CALENDAR:
5.1 Minutes of the Regular Meeting of August 23, 2005.
C/Nolan moved, VC/Low seconded to approve the Regular Meeting Minutes for
August 23, 2005, as presented. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Nolan, VC/Low, Torng, Tye,
Chair/McManus
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
SEPTEMBER 13, 2005
7
Page 4 PLANNING COMMISSION
OLD BUSINESS: None
NEW BUSINESS:
7.1 PLANNING COMMISSION POLICY AND PROCEDURES MANUAL.
PM/Fong presented staff's report and asked the Commission to review the manual
and forward their comments and recommendations to staff.
S. PUBLIC HEARING(S):
8.1 DEVELOPMENT REVIEW 2005-26:- In accordance to Chapter 22.48 of the
City of Diamond Bar Development Code the applicant requested approval of plans
to construct an approximate 1,159 square foot first and second floor addition to an
existing 1,417 square foot one-story single-family dwelling on an existing .020 acre
R-1 8,000 zoned parcel with a consistent underlying General Plan Land Use
designation of Low Medium Density Residential (RLM).
PROJCECT ADDRESS: 24347 Claywood Drive
(Tract 42583, Lot 36; APN 8281-041-051)
Diamond Bar, CA 91765
PROPERTY OWNER: Christopher and Debra Perrin
24347 Claywood Drive
Diamond Bar, CA 91765
APPLICANT: Pro Builder/Kenn Coble
449 W. Allen Avenue, Suite 109
San Dimas, CA 91773
AssocP/Lungu presented staff's report and recommended Planning Commission
approval of Development Review 2005-26, Findings of Fact, and conditions of
approval as listed with the resolution.
Kenn Coble, applicant, said his firm designed the project to conform to the
standards of neighborhood.
Chair/McManus opened the public hearing.
With no one present who wished to speak on this item, Chair/McManus closed the
public hearing.
SEPTEMBER 13, 2005 Page 5 PLANNING COMMISSION
C/Tye said he visited the site today. He noted that there were no objections from the
neighbors and believed the project was well designed and conformed to the site and
surrounding neighborhood.
VC/Low said she too visited the site and agreed with C/Tye that it was well designed
and fit nicely with the surrounding homes. She felt it would be a good addition to the
neighborhood.
C/Tye moved, C/Torng seconded, to approve Development Review 2005-26,
Findings of Fact, and conditions of approval as listed within the Resolution. Motion
carried by the following Roll Call vote:
AYES: COMMISSIONERS:
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Tye, Torng, Nolan, VC/Low,
Chair/McManus
None
None
PLANNING COMMSSIONER COMMENTS/INFORMATIONAL ITEMS:
C/Torng wished ACM/DeStefano and C/Tye good luck.
C/Tye told C/Torng he should soak up as much information as possible while he
had the opportunity. He again thanked ACM/DeStefano for his leadership,
professionalism and willingness to share his knowledge. He also thanked
ACM/DeStefano for his guidance and said he appreciated that whether or not the
Commissioners agreed with ACM/DeStefano's direction he was always
professional. C/Tye felt that the City of Chino Hills had no idea how fortunate it was
to get ACM/DeStefano and whatever they were paying him was not enough.
C/Nolan echoed C/Tye's sentiments and said he would miss both ACM/DeStefano
and C/Tye and wished them great things as they moved forward.
VC/Low hoped that ACM/DeStefano would refer projects rejected by Chino Hills to
Diamond Bar. She thanked ACM/DeStefano for his help and tact. She reiterated
that it had been great serving with C/Tye.
Chair/McManus said that all of the Commissioners appreciate ACM/DeStefano's
efforts and talents and he will be sorely missed.
SEPTEMBER 13, 2005 Page 6 PLANNING COMMISSION
10. STAFF COMMENTS AND INFORMATIONAL ITEMS:
10.1 Public Hearing dates for future projects.
ACM/DeStefano reported that The Country Hills Towne Center is moving slowly but
it is moving forward. Staff hopes to bring this item to the Commission at its last
meeting in October or its first meeting in November. The Target project is underway.
Over the next three months the applicant will grade the area and build giant
retaining walls behind the store site and construction is scheduled to start in
December or January and be completed in July or August with the opening slated
for the first week of October 2006.
ACM/DeStefano also reported that JCC was in escrow to purchase the property
across from South Point Middle School. Kmart had not moved forward at a pace
preferred by the City because of the sluggishness of the merger between Kmart and
Sears and because Kmart controls the lease on the property for another 45 years. It
is likely that Kmart will have its way with the property unless the City steps in to use
powers that have not been used in 15 years. He said he anticipated that by the end
of the year the store would officially convert to a Sears Essentials.
ACM/DeStefano opined that C/Tye had served on the Planning Commission for a
long period of time and came to the Commission during an extraordinary time, at a
crossroads for the City of Diamond Barjust after significant leadership changes on
the City Council setting the Council and the community toward a proper path of a
business -oriented City Council and decision-making process and a visionary view of
where the City ought to be as time moved forward. There was no more fighting
amongst City Council Members and Planning Commissioners once the new Council
was seated after the election of 1997 and the new Commissioners were seated in
1998. It was a great time because C/Tye and others got to shape the City's future
with the provisions that were clearly a part of with the creation of the Development
Code, the Subdivision Ordinance, Design Guidelines and all of the things staff
members refer to every two weeks along with all of the development over the past
10 years. C/Tye played a significant role in the development of the documents that
for many years have been used by staff and embraced by the development and
construction community. C/Tye has served his community well and as he seeks
other opportunities in the City in the next few months he will continue to do so
whether it is in a higher office or elsewhere as he continues to serve the City.
ACM/DeStefano said he had very much enjoyed working with C/Tye and so have
the other staff members. He thanked C/Tye for his service.
PM/Fong responded to Chair/McManus that the owners of the burned out building
on Pathfinder Road at Brea Canyon are very close to getting their building permit.
SEPTEMBER 13, 2005 Page 7 PLANNING COMMISSION
All plans were approved and all that remains are minor adjustments on the part of
the applicant.
C/Nolan asked if there were plans to repair the Diamond Bar Village sign. PM/Fong
responded that staff contacted the property owner and the property manager and
were promised that repairs or replacement would be forthcoming.
VC/Low asked if it would be possible for staff to provide a brief status of approved
projects during regular Commission meetings. For example, the shopping center on
Lemon and Golden Springs was approved several months ago and there has been
no apparent progress. In addition, the Vons project seemed to be moving forward
and she would appreciate knowing the details. PM/Fong said staff would provide a
list of approved projects with current status in the Commission agenda.
11. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
ADJOURNMENT: With no further business before the Planning Commission,
Chair/McManus adjourned. the meeting at 7:45 p.m.
Attest:
Agenda No. 6.2.2
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
SEPTEMBER 27, 2005
CALL TO ORDER:
Chairman McManus called the meeting to order at 7:08 p.m. in the South Coast Air Quality
Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar,
California 91765.
PLEDGE OF ALLEGIANCE: Commissioner Torng led the Pledge of Allegiance.
1. ROLL CALL:
Present: Chairman Joe McManus; Vice Chairperson Ruth Low;
and Commissioners Kwang Ho Lee, Dan Nolan and Tony Torng.
Also present: Nancy Fong, Interim Community Development Director;
Bradley E. Wohlenberg, Acting City Attorney; Ann Lungu, Associate Planner; Linda
Smith, Development Services Associate; and Stella Marquez, Senior Administrative
Assistant.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered
3
am
5.
APPROVAL OF AGENDA: As Presented
CONSENT CALENDAR:
4.1 Minutes of the Regular Meeting of September 13, 2005.
C/Nolan moved, VC/Low seconded to approve the Regular Meeting Minutes for
September 13, 2005, as presented. Motion carried by the following Roll Call vote:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSTAIN:
COMMISSIONERS
ABSENT:
COMMISSIONERS:
OLD BUSINESS: None
6. NEW BUSINESS: None
Nolan, VC/Low, Torng, Chair/McManus
None
Lee
None
SEPTEMBER 27, 2005
PUBLIC HEARING(S):
7.1
Page 2 PLANNING COMMISSION
PERMIT NO. 2005-12 - In accordance with Development Code
Sections 22.48, 22.56 and 22.68, this was a request to remodel and
construct an approximate 900 square foot single story addition at the rear of
the existing 1,552 livable square foot, two story legal non -conforming single
family residence with a two car garage. A Minor Conditional Use Permit
approval was to allow the continuation of legal non -conforming front yard
setback distances.
PRVJI.CI.
,CE_C T ADuUVDu rKrCCJr nS
.7
PROPERTY OWNER/
APPLICANT:
24249 Seagreen Drive
(Lot 17, Tract 33020)
Diamond Bar, CA 91765
Patricia Covarrubias
24249 Seagreen Drive
Diamond Bar, CA 91765
DSA/Smith presented stafrs report and recommended Planning Commission
approval of Development Review 2005-25 and Minor Conditional Use Permit
No. 2005-12, Findings of Fact, and conditions of approval as listed within the
resolution.
VC/Low asked if the 40 foot setback extended to the wrought iron fencing or
to the bottom of the slope. DSA/Smith responded that it was measured to the
property line. VC/Low asked if the subject location on the revised plan vicinity
map was indicated on the wrong side of the street and DSA/Smith agreed
that it was. '
Chair/McManus noted that the applicant was not present. DSA/Smith
informed the Commissioners that the applicant/owner was on vacation.
Chair/McManus opened the public hearing.
With no one present who wished to speak on this item, Chair/McManus
closed the public hearing.
C/Nolan moved, VC/Torng seconded, to approve Development Review
No. 2005-25 and Minor Conditional Use Permit No. 2005-12, Findings of
SEPTEMBER 27, 2005
Page 3 PLANNING COMMISSION
Fact, and conditions of approval as listed within the resolution. Motion carried
by the following Roll Call vote:
AYES: COMMISSIONERS: Nolan, Torng, Lee, VC/Low,
Chair/McManus
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
7.2 Development Review No. 2005-28 and Minor Conditional Use Permit
No. 2005-13 - In accordance with Development Code Sections 22.48.020(1),
22.30.080(5) and 22.56.010, this was a request to construct a two story,
single family residence of approximately 12,400 gross square feet including
balconies, porch and attached four car garage. The project also included a
retaining wall in the rear yard with a maximum exposed height of seven feet.
The Minor Conditional Use Permit was for a driveway wider than the
maximum 14 feet allowed at the street property line.
PROJECT ADDRESS: 2855 Oak Knoll Drive
(Tract Map No. 48487, Lot 14)
Diamond Bar, CA 91765
PROPERTY OWNER/ Windmill Estates, LLC
APPLICANT: 2632 W. 237th Street
Torrance, CA 90505
AssocP/Lungu presented staff's report and recommended Planning
Commission approval of Development Review No. 2005-28 and Minor
Conditional Use Permit No. 2005-13, Findings of Fact, and conditions of
approval as listed within the resolution.
VC/Low pointed out that the matrix and draft resolution contained
inconsistencies. AssocP/Lungu responded that the motion should be in
accordance with the figures contained in the matrix — 91,539 square feet and
2.10 acres with a pad area of 18,449 square feet.
C/Nolan asked if it would be possible for staff to update the aerials.
AssocP/Lungu explained to VC/Torng that the landscape plan would have to
comply with the mitigation measures for the original Tract Map. The
landscaping has to be confined to the pad area and not extend into the slope
drainage easement. When plans are submitted to staff they will be reviewed
SEPTEMBER 27, 2005 Page 4 PLANNING COMMISSION
for compliance. ICDD/Fong said that typically, staff would review the
landscape and irrigation plan and JCC had established a track record of
providing the landscape plan and installation after occupancy release.
Obviously it would have to meet the mitigation that was part of the approval
for the entire tract.
C/Lee asked if staff felt there was a foreseeable impact to the driveway area
by extending it from 14 feet to 33 feet. ICDD/Fong responded that this lot
was large and had a wide street frontage. Therefore, it was reasonable for
the driveway width to be increased and it would not create any significant
impact to traffic and safety. Typically, larger homes such as the subject
property have fvu'r Car gara^yes req, dring a wider dri�ieway in safely ingrecc
and egress the site. The code allows for a 14 -foot driveway that limits the
amount of hardscape within the front yard area. The Minor Conditional Use
Permit process allows the City to take into consideration several factors
including street frontage width, fire department requirements, safety and
traffic concerns and conditions applied through the MCUP process run with
the land.
C/Nolan pointed out thatthe Commission has the authority to grant changes
on a case-by-case basis and it is up to the Commission to determine whether
the request is reasonable. Accordingly, if a property owner requested a 30 -
foot driveway on a 60 -foot frontage it is unlikely that the Commission would
approve such a request.
VC/Low explained that the process of applying for a Minor Conditional Use
Permit was open to anyone and that the 14 -foot requirement was a minimum
standard.
C/Lee said that a deviation of the Code made sense to him. However, in his
opinion, a conditional use permit was different. If there were no standards by
which to determine whether the Commission should grant approval the
decision would be based on the Commissioners' personal concepts and such
a decision could be problematic.
ACA/Wohlenberg explained to C/Lee that this was a discretionary process as
opposed to one being granted by right and that everyone had a right to have
a driveway that was 14 feet wide. If a property owner wanted to exceed the
14 feet it would require the discretion of staff and/or the Commission to
review and act upon the application.
SEPTEMBER 27, 2005 Page 5 PLANNING COMMISSION
Kurt Nelson concurred with staff's report and said he believed the owners of
this home would do a much better job with the landscaping than would JCC.
He thanked staff and Commission for making his job easier. This was the last
of more than 120 homes JCC had developed through three phases and he
had enjoyed coming to Diamond Bar and coming before the Commission. He
and his partners appreciate the Diamond Bar staff and their courtesy and
respect and will miss Mr. DeStefano a great deal. He hoped that within the
next six months he would be before the Commission with the South Pointe
West project. He said that his partners asked him to express their gratitude
and point out that this had been a very nice City in which to conduct
business.
VC/Low asked if Mr. Nelson and his partners would be willing to set aside
funds to support an art project in one of the city parks. Mr. Nelson said he
would be in favor of.supporting such a project and he invited VC/Low to call
him with a reminder. One of the benefits of JCC building the South Point
West project is that a park known as "Larkstone" park would finally come to
fruition and if there were an appropriate location for an art element the Parks
and Recreation Department should be brought into the discussion because
discussions regarding the park plan were currently in the planning phase.
C/Nolan told Mr. Nelson it had always been a pleasure to have him come
before the Commission and that the quality of JCC's work had been
tremendous.
C/Torng felt that Diamond Bar was lucky to have JCC develop property in the
city. He said he lived very close to the South Pointe West project and was
very happy that there would be a Larkstone Park. He was also pleased that
Mr. Nelson gave staff very high marks because it made the approval process
much easier for him.
Chair/McManus said that in dealing with many builders in the community
none had exceeded the high standards of JCC.
Chair/McManus opened the public hearing.
With no one present who wished to speak on this item, Chair/McManus
closed the public hearing.
C/Torng moved, C/Nolan seconded, to approve Development Review
No. 2005-28 and Minor Conditional Use Permit No. 2005-13, Findings of
SEPTEMBER 27, 2005
Page 6 PLANNING COMMISSION
I
Fact, and conditions of approval as listed within the resolution subject to the
square footage measurements found within the matrix. Motion carried by the
following Roll Call vote:
AYES: COMMISSIONERS
NOES: COMMISSIONERS:
ABSENT: COMMISSIONERS:
Torng, Nolan, Lee, VC/Low,
Chair/McManus
None
None
8. PLANNING COMMSSIONER COMMENTS/INFORMATIONAL ITEMS:
U11 1111VII+IVlalluJ ,VVeIcVliied C/Lei+ tv the Commission.
C/Lee said he was very excited to serve on the Commission because he was
learning new things and it was a new experience for him. He said he would learn
everything possible about the job so that he could best serve the applicants and
residents as well as the city. He said he intended to conduct himself based on two
important principles: To respect and protect the rights of private ownership and to
make his decisions for the benefit of the majority of the people and he prefers that
the Commissioners act as a cohesive body free of argument for the good of all
residents and applicants.
C/Torng said he enjoyed his tour of the citywith Mr. DeStefano and TCDD/Fong. He
was pleased to learn that the city had major ongoing projects. As previously
mentioned he lives close to the South Pointe West project and reiterated how happy
he was that there would be a park in his neighborhood. He thanked ICDD/Fong for
her help in making him more aware of whatwas happening in the city. He welcomed
C/Lee to the Commission. He wanted to be sure that staff would allow him the
opportunity to participate in the upcoming Planning Commissioners Seminar. He is
also participating in the San Gabriel Valley Leadership Seminar and finds it very
interesting and informative.
C/Nolan thanked ICDD/Fong for staff's efforts regarding the Diamond Bar Village
project. He informed staff that a couple of the homes adjacent to the project on
Seagreen appear to have code violations i.e., cars parked on lawns. Yesterday he
participated in a fundraiser sponsored by the Diamond Bar Chapter of Champ
Camp headed by Ken Hewitt. Each year the chapter raises money to send young
burn victims to a week at camp. Yesterday the chapter raised about $30,000. It
costs about $600 per kid to attend the camp.
SEPTEMBER 27, 2005 Page 7 PLANNING COMMISSION
VC/Lowthanked TCDD/Fong for providing the very helpful and very well done status
report to the Commission. About a year ago there was a home in her neighborhood
that had numerous code violations and she was happy to report that the lawn looks
like a lawn and the property looks like every other property in the neighborhood. She
thanked code enforcement and other staff whom helped make it possible. She
welcomed C/Lee to the Commission.
Chair/McManus congratulated ICDD/Fong. ICDD/Fong thanked Chair/McManus and
said she had big shoes to fill, that she missed Jim DeStefano already and that she
hoped to see him at the ICSC Conference in Palm Springs tomorrow.
Chair/McManus said that while the Commissioners also missed Jim DeStefano they
were in full support of ICDD/Fong. Chair/McManus thanked VC/Low for asking
Mr. Nelson to contribute art at the new park. JCC is a very good and cooperative
builder.
9. STAFF COMMENTS AND INFORMATIONAL ITEMS:
9.1 Public Hearing dates for future projects.
9.2 Status of approved projects.
10. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
ADJOURNMENT: With no further business before the Planning Commission,
Chair/McManus adjourned the meeting at 8:00 p.m.
Respectfully
Nano Folfg
Interim Communi y D[Ilopmej Director
Agenda # 6.3
Meeting Date: October 18, 2005
wFudwomiI— f .%A..
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
TITLE: Ratification of Check Register dated September 30, 2005 though October
13, 2005
RECOMMENDATION:
Ratify Check Register containing checks dated September 30, 2005 through October
13, 2005 totaling $1,150,854.74.
FINANCIAL IMPACT:
Expenditure of $1,150,854.74 in City funds.
BACKGROUND:
The City has established the policy of issuing accounts payable checks on a weekly
basis with City Council ratification at the next scheduled City Council meeting.
DISCUSSION:
The attached check register containing checks dated September 30, 2005 through
October 13, 2005 for $1,150,854.74, is being presented for ratification. All payments
have been made in compliance with the City's purchasing policies and procedures.
Payments have been reviewed and approved by the appropriate departmental staff and
the attached Affidavit affirms that the check register has been audited and deemed
accurate by the Finance Director.
PREPARED BY:
Linda G. Magnuson
Finance Director
REVIEWED BY:
Finandeirector Assistant City Manager
Attachments: Affidavit and Check Register— 09/30/05 through 10/13/05
CITY OF DIAMOND BAR
CHECK REGISTER AFFIDAVIT
The attached listing of demands, invoices, and claims in the form of a check register
including checks dated September 30, 2005 through October 13, 2005 has been
audited and is certified as accurate. Payments have been allowed from the following
funds in these amounts:
Fund #
001
011
112
115
118
138
139
141
250
Signed:
Descri
General Fund
Com Organization Support Fund
Prop A - Transit Fund
Int. Waste Mgt Fund
AB2766 - AQMD Fund
LLAD #38 Fund
LLAD #39 Fund
LLAD #41 Fund
Capital Improvement Project Fund
Linda G Ouson
Finance Director
Amount
$360,308.21
1,239.68
206,545.94
5,265.07
1,643.75
1,509.17
1,454.85
1,465.97
571,422.10
$1,150,854.74
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Agenda # 6 , 4
Meeting Date: October 18, 2005
CITY COUNCIL AGENDA REPORT
n
+�sq
TO: Honorable Mayor and Member4Maw
tyCouncil
VIA: Linda C. Lowry, City ManagerTITLE: Rejection of Claim — Filed by Zin — September 8, 2005.
RECOMMENDATION: Carl Warren & Co., the City's claims administrator, recommends the City
Council reject the claim filed by Zin Maw.
FINANCIAL IMPACT: There is no financial implication associated with rejecting this claim. The
claim for damage is for the sum of approximately $1500.00. Should the claim be successful, it will be
paid by the JPIA.
BACKGROUND: On September 8, 2005, Zin Maw filed a Claim for Damages with the City
alleging that while exiting the off -ramp at Pathfinder Road he struck a metal object causing damage to
his right rear tire and brake system. Mr. Maw alleges that the metal object came from City crews
working in the area. However, since we have no record of any City crews working in that area on or
about August 23, 2005 and since the area is under the control of Caltrans, it is recommended that the
City deny the claim. 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:
i��w
Asst. City Manager
October 3, 2005
TO: The City of Diamond Bar
ATTENTION: David Doyle, Assistant City Manager
RE: Claim
Maw v. The City of Diamond Bar
Claimant
Zin Maw
D/Event
8/23/05
Our File
1392068
We have reviewed the above captioned claim and request that you take the action indicated
below:
CLAIM REJECTION: Send a standard rejection letter to the claimant.
Please provide us with a copy of the notice sent, as requested above. If you have any
questions, please contact the undersigned.
Very truly yours,
CARL WARREN & COMPANY
Chris Kustra
Claims Specialist
cc: CJPIA, Attn: Executive Director
CARL WARREN & CO.
CLAIMS MANAGEMENT•CLAIMS ADJUSTERS
750 The City Drive • Ste 400. Orange, CA 92868
Mail: P.O. Box 25180 • Santa Ana, Ca 92799-5180
Phone: (714) 740-7999 • (800) 572-6900 • Fax: (714) 740-9412
Agenda # 6 .5
Meeting Date :October 18,2005
CITY COUNCIL AGENDA REPORT
�� Av�O]i PolRA1kT�
\r l]� /
,
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager�
TITLE: NOTICE OF COMPLETION FOR SLURRY SEAL AREA 1 PROJECT.
RECOMMENDATION:
File a Notice of Completion.
FINANCIAL IMPACT:
There is no financial impact.
BACKGROUND:
The City Council awarded a construction contract to Doug Martin Contracting Co., Inc.
on June 21, 2005 in an amount not to exceed $524,529.00 with a contingency amount
of $23,000.00, for a total authorization amount of $ 547,529.00. The City authorized the
Notice to Proceed for the Project on July 18, 2005.
DISCUSSION:
Doug Martin Contracting, Co., Inc. has completed all work required as part of this
project in accordance with the specifications approved by the City.
Final Construction Cost of the project is $524,504.75.
PREPARED BY:
Kimberly Molina, Assistant Engineer Date Prepared: October 12, 2005
REVIEW D
-AV-id . Liu, Director of Public Works
Attachments: Notice of Completion
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
CITY OF DIAMOND BAR
21825 E. COPLEY DRIVE
DIAMONDBAR, CALIFORNIA 91765
ATTENTION: CITY CLERK
NOTICE OF COMPLETION
Notice pursuant to Civil Code Section 3093, must be filed within 10 days after completion.
Notice is hereby given that:
L 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 Omer is City of Diamond Bar
3. The full address of the owner is 21825 Copley Drive
4, The nature of the interest or estate of the owner is;
fIrothcr than fee, strike"In fee" and tesen, for exampIs,'pumhaser under con (met of pumhase," er "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 September 19 2005. The work done was:
Slurry Seal Area 1 Project - various locations
7. The name of the contractor, if any, for such work of improvement was Doug Martin Contracting oe,hrc.
June 21 2005
(if no contractor forwork ofimprovement as a whole,insert "none") (Date ofContraso
8. The property on which said work of improvement was completed is in the City of Diamond Bar, County of Los Angeles, State of
California, and is described as follows Area 1 Slurry Project
9. The street address of said
Dated:
Venn morn for Indoul..l Dever
(Ifno street address has been oM.Oly assigned, insert "none")
CITY OF DIAMOND BAR
Signature ofmsuer or,mp.rane.Mcer.mower named in paragraph 2 or his agent
VERIFICATION
I, the undersigned, say: I am the Director of Public Works the declarant of the foregoing
("resident or', "Manager oq"'A partner of'. "Oswer oq' ete )
notice of completion; I have read said notice of completion and know the contests thereof; the same is toe of my own knowledge.
I declare under penalty of perjury that the foregoing is hue and correct.
Executed on , 20 , at Diamond Bar , California.
(Dan of signalum) (City where signed)
(Personal signature of the individual who is swearing that he contents of
the natio, ofcomplenon are we)
Agenda # 6-6
Meeting Date: October 18, 2005
CITY COUNCIL AGENDA REPORT
�. r98N
TO: Honorable Mayor and Members of the City Council
r
VIA: Linda C. Lowry, City Manager hw,,--
TITLE: Approval of Carryover of Tuition Reimbursement for the City Manager for a total of
$4,900 in FY 2005-06
RECOMMENDATION:
It is recommended that the City Council approve the carry over of City Manager tuition reimbursement
remaining from FY 2004-05 in the amount of $1,900 for a total not -to -exceed $4,900 for FY 2005-06.
FISCAL IMPACT:
In the FY 2005-06 budget there is a $3,000 appropriation for City Manager tuition reimbursement.
The additional $1,900 is available in the FY 2005-06 operating budget for the City Manager
Department.
BACKGROUND:
The City Manager's employment contract provides for tuition reimbursement in the amount of $3,000
annually. The purpose of the tuition reimbursement is to encourage continuing education and
professional growth.
DISCUSSION:
Last year, the City Council authorized the payment of tuition reimbursement to the City Manager in
the amount of $15,000. The reimbursement amount was based on $3,000 per year since the City
Manager's arrival in 2000-01. This amount ($3,000) is authorized each year in the City Manager's
employment contract. Since the City Manager did not use any of the prior years' tuition
reimbursements through FY 2003-04, the funds ($15,000) were allocated for use in FY 2004-05.
The City Manager used $13,100 of tuition reimbursement in FY 2004-05 leaving $1,900 available at
the end of the fiscal year, Also, $3,000 is allocated for tuition reimbursement in the FY 2005-06
budget. The City Manager requests the City Council authorize tuition reimbursement for FY 2005-06
in the amount of $4,900.
Prepared by: 6
Dave Doyle, Assistant CjW Manager
0OITY
r
DD�iOND BAR l �
CITY COUNCIL
Agenda #
Meeting Date: October I8, 2005
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager F'
TITLE: APPROPRIATION OF $400 FROM THE COMMUNITY SUPPORT FUND IN SUPPORT
OF THE LOS ANGELES COUNTY SHERIFF'S DEPARTMENT STAR PROGRAM
SKYDIVING TEAM
RECOMMENDATIONS:
It is recommended that the City Council appropriate $400 from the Community Support Fund in
support of the Los Angeles Sheriff's Department STAR program.
FISCAL IMPACT:
The Community Support Fund allocates City funds to organizations and groups that benefit the
Diamond Bar community. Currently, there is $1,150 available in this fund that has not been allocated
to a specific organization. If this expenditure is approved by the Council, there will be $750 remaining
in the fund balance that has not yet been allocated.
BACKGROUND / DISCUSSION:
On October 27, 2005, the Los Angeles County Sheriff's Department's STAR Unit will conduct an
assembly for the students of Chaparral Middle School. The STAR Unit specializes in reinforcing a
drug-free lifestyle among our community's young people, and the assembly will echo these ideals to
Diamond Bar students. To make the event and its theme a memorable one for the students, the Los
Angeles County Sheriff's Department will feature their skydiving team "The Golden Stars" parachuting
into the assembly location. Following this exciting display, the members of the team will address the
crowd. Such a display will contribute to the excitement, enthusiasm, and uniqueness of the important
assembly.
The Sheriff's Department's STAR Unit has requested the City donate $400.00 to the cause. If
approved, the funds would help to offset the cost of the plane, parachute materials, and other related
expenses.
Prepared by:
1/ .,,o ti j'4k4y`—
Ryan cLean, Senior Management Analyst
Attachment
Reviewed byCW
David Doyle, Assistant City Manager
1. Letter from Deputy Richard Wright, Los Angeles County Sheriff STAR Unit
Mr. David Doyle, Assistant City Manager
City of Diamond Bar
Deputy Richard Wright October 5, 2002
Sheriff's S.T.A.R. Unit
P.O. Box 4894
Diamond Bar, CA. 91765
909-364-6620
Dear Mr. Doyle:
This letter follows a request for a donation of $400.00 to offset the expenses related to a Red
Ribbon Week Assembly at Chaparral Middle School on October 27, 2005, at loam.
This assembly is being put on to reinforce the belief of a drug-free attitude and a memory -
creating event for the pupils, staff and public of Diamond Bar. The assembly will include a brief
message by a City Council Member and the School Principal to the entire student body.
Immediately afterward, five members of the Sheriff' `s Skydiving Team the "Golden Stars" will
parachute with smoke and American Flags, and land in front of the students. One of their
members will give a short message to the kids, then the five members will take a portion of the
students and explain the nomenclature of their gear.
While they are doing this as a benefit of the S.T.A.R. Program and Red Ribbon Week without
charge, the $400.00 will cover the cost of the plane and parachute packing and related expenses.
It should be quite a show and unique to the City. The check would be made out to "Golden
Stars Skydiving Team".
Thank you for your consideration. Hope you can attend.
Sincerely.
Deputy Richard Wright
CITY COUNCIL
Agenda #
Meeting Date: October 18, 2005
AGENDA REPORT
TO: Honorable Mayor and Members o�he City Council
VIA: Linda C. Lowry, City Manager
TITLE: A RESOLUTION OF THE CITY OF DIAMOND BAR CITY COUNCIL
SUPPORTING PROPOSITION 76, THE "LIVE WITHIN OUR MEANS ACT", ON
THE NOVEMBER 8, 2005 STATEWIDE SPECIAL ELECTION BALLOT
RECOMMENDATIONS:
It is recommended that the City Council adopt the Resolution.
FISCAL IMPACT:
The spending limits mandated in Proposition 76 apply to all state special funds, including billions of
dollars in gas tax, sales tax, and vehicle license fees dollars that are used by local government
agencies to carry out services and programs. Thus, some revenues usually allocated to local
governments may be held in reserve if the spending limit is exceeded. However, it should be noted
that should such an economic downturn occur, the City would also most likely be faced with cuts in
funding sources under current fiscal policy.
BACKGROUND / DISCUSSION:
Proposition 76, known as the "Live Within Our Means Act", is sponsored by Governor Arnold
Schwarzenegger, and will appear on the November 8, 2005 statewide special election ballot. Over
the past several years, the State of California has been faced with a fiscal emergency, spending
billions of dollars more than it receives in revenue. Proposition 76 is designed to overhaul California's
spending habits, setting a state spending limit equal to the average rate of tax growth of the past
three years. Under the initiative, excess revenue from good economic years would be used to build
reserve funds designed to ensure the state can continue to provide essential services during
economic downturns while providing a safeguard against taxes hikes. Additionally, in times of
decreased state revenues, Proposition 76 would authorize the Governor to cut wasteful spending in
the event that Legislature does not act. Other key provisions included in the measure include the
following:
Authorizes the Governor to reduce or eliminate excess state general fund expenditures.
Authorizes the Governor to declare a fiscal emergency and reduce general and special fund
appropriations if the Legislature does not act.
• Prohibits transfers of funds from special funds to the General Fund as a loan, and funds that
have been transferred prior to July 1, 2006 must be repaid by July 1, 2021. Short-term loans
that are repaid within the same fiscal year are not prohibited.
• If the state budget is not adopted by July 15t, the previous fiscal year's budget is re -
appropriated until the new budget is adopted.
• Eliminates the authority to suspend the transfer of Proposition 42 (gas tax dollars dedicated to
transportation improvements) following the 2006-2007 fiscal year.
• Authorizes the Governor to declare an emergency, such as a natural disaster, which allows
the state spending limit to be exceeded.
• Adjusts provisions outlines in Proposition 98, eliminating provisions that allow school funding
to automatically slow in low revenue years and rebound in high revenue years. Also, the
initiative would count any funding above the minimum guarantee as one-time. Thus, future
minimum guarantees would no longer be increased automatically by these amounts.
However, legislators and policy makers would still be free to spend above the minimum
guarantee level.
Proposition 76, the "Live Within Our Means Act", will help to improve and maintain the economic
health of California, its local and county governments, and its businesses. The measure is supported
by the League of California Cities and the California Chamber of Commerce.
Prepared by:'�pp
&,, Aq,
Ryan cLean, Senior Management Analyst
Attachment
Reviewed b .
David Doyle, Assistant City Manager
Resolution 2005 -XX, A Resolution of the City of Diamond Bar City Council Supporting
Proposition 76, the "Live Within Our Means Act', on the November 8, 2005 Statewide Special
Election Ballot.
RESOLUTION NO. 2005 -XX
A RESOLUTION OF THE CITY OF DIAMOND BAR CITY COUNCIL
SUPPORTING PROPOSITION 76, THE "LIVE WITHIN OUR MEANS ACT", ON
THE NOVEMBER 8, 2005 STATEWIDE SPECIAL ELECTION BALLOT
A. RECITALS.
WHEREAS, the State of California has been faced with an ongoing fiscal crisis for the past several
years, spending many billions of dollars more than it receives as revenues;
WHEREAS, the non-partisan California Legislative Analyst's Office predicts billions in state budget
deficits for years to come, unless serious budget reforms are adopted;
WHEREAS, Proposition 76, the "Live Within Our Means Act", will force state legislators to refrain from
overspending by limiting spending to the average rate of tax growth of the past three years;
WHEREAS, Proposition 76 establishes checks and balances to encourage the Governor and
Legislature to work together to cut wasteful spending and protect funding for education and public
safety;
WHEREAS, Proposition 76 will guarantee the protection of taxes dedicated to transportation
infrastructure, and prevent them from being diverted to the state general fund to balance the budget;
WHEREAS, Proposition 76 requires the state to use extra revenues from peak years to build "rainy
day funds to prepare for future economic downturns. These reserves may be used to maintain
essential state services in times of revenue shortfall, allowing for protection against tax increases.
B. RESOLUTION.
NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF DIAMOND BAR DOES HEREBY
RESOLVE AS FOLLOWS:
The City of Diamond Bar hereby supports Proposition 76, the "Live Within Our Means Act" on the
November 8, 2005 statewide special election ballot.
PASSED, APPROVED AND ADOPTED THIS 18th DAY OF OCTOBER 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 18th day of October, 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
Agenda
Meeting Date: October 18, 2005
CITY COUNCIL FS,AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager(y�,) ,� ,)
TITLE: APPROVE A CONTRACT AMENDMENT WITH WARREN C. SIECKE
FOR DESIGN ENGINEERING SERVICES FOR TRAFFIC SIGNAL AND
INTERCONNECT INSTALLATION ON GRAND AVENUE AT
CLEGHORN DRIVE AMD MODIFICATIONS TO THE EXISTING
TRAFFIC SIGNAL ON GRAND AVENUE AT DIAMOND BAR BLVD. IN
THE AMOUNT OF $13,000, AND AUTHORIZE A CONTINGENCY
AMOUNT OF $3,000 FOR CONTRACT CHANGE ORDERS TO BE
APPROVED BY THE CITY MANAGER FOR A TOTAL
AUTHORIZATION AMOUNT OF $16,000.
RECOMMENDATION:
Approve the amendment.
FINANCIAL IMPACT:
As part of the Fiscal Year (FY) 2005-06 Budget, $165,000 of Proposition C Funds were
budgeted for design and construction of the project.
BACKGROUND:
Residents have been concerned over access to and from Grand Avenue and Cleghorn
Drive to their neighborhood. In 2004, the City prepared a traffic signal warrant study for
a number of intersections in the City including Grand Avenue and Cleghorn Drive. This
intersection met the warrants for interruption of continuous traffic, four (4) hour volume
warrant, and peak hour volume warrant.
Additionally, as part of Grand Avenue Street Improvements Project Phase II, the
existing traffic signal on Grand Avenue and Diamond Bar Boulevard needs to be
modified. The modifications will address existing wiring problems, controller location and
the addition of video detection for signal timing.
DISCUSSION:
Warren C. Siecke is the City's primary traffic and transportation on-call consultant. In
response to staffs request, Mr. Siecke submitted a proposal to provide the required
traffic engineering services. The scope of services will include project design,
preparation of contract specifications and estimates for the installation of the new signal
and modifications to the existing signal including interconnect installation on Grand
Avenue between Diamond Bar Blvd. and Shotgun Lane. The project schedule is
tentatively set as follows:
Start Project Design
Complete Design
Award Construction Contract
Signal Poles Procured
Start Construction
Construction Completion
PREPARED BY:
Fred Alamolhoda, Senior Engineer
REVIEWE
Dav G. LK Director of Public Works
October 24, 2005
December 26, 2005
January 17, 2006
April 10, 2006
April 11, 2006
May 26, 2006
Date prepared: October 12, 2005
Attachment: Warren C. Siecke's Proposals, dated August 31, 2005
Amendment No. 12
2
❑ VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO: CITY CLERK
N !/
FROM: DATE:
ADDRESS: alp 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.
791
TO:
FROM:
ADDRESS:
ORGANIZATION:
%AFI ll=
Signature
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
AGENDA #/SUBJECT:
CITY CLERK.
1
W �I DATE: 141a e4
q(-7695 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
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