HomeMy WebLinkAbout11/15/2005Gi{y Council Agenda
Tuesday, November 15, 2005
5:30 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 a City public meeting, must inform
the City Clerk a minimum of 72 hours prior to the scheduled meeting.
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DIAMOND BAR CITY COUNCIL MEETING RULES
Welcome to the meeting of the Diamond Bar City Council. Meetings of the Diamond Bar City
Council are open to the public and are cablecast live on Channel 3. You are invited to attend
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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
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Agendas for regular City Council meetings are available 72 hours prior to the meeting and
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any item listed on the agenda.
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General information: (909) 839-7000
1
CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
November 15, 2005
Next Resolution No. 2005-59
Next Ordinance No. 10(2005)
CLOSED SESSION: 5:30 p.m., Room CC -8
Public Comments on Closed Session Agenda
► Government Code Section 54956.9(c) — Initiation of Litigation:
One Case
STUDY SESSION: 6:00 p.m., Room CC -8
► Solid Waste Audit Report
Public Comments
CALL TO ORDER: 6:30 p.m.
PLEDGE OF ALLEGIANCE: Mayor
INVOCATION: Monsignor James Loughnane,
St. Denis Catholic 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 Proclaiming November 15, 2005 as "America Recycles Day."
NEW BUSINESS RECOGNITION
1.2 Presentation of Certificate Plaque to Elizabeth Maxey, President of dain
Insurance Agency.
NOVEMBER 15, 2005 PAGE 2
BUSINESS OF THE MONTH
1.3 Presentation of City Tile to Mark Brownstein, Bryan Carmach and Peter
Horner, owners of the McDonald's at 21095 Golden Slogs. Dr. and 205 S.
Diamond Bar Blvd., Business of the Month, November, 2005 and display of
Business of the Month presentation.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular
meeting agenda to provide an opportunity for members of the public to directly
address the Council on Consent Calendar items or matters of interest to the public
that are not already scheduled for consideration on this agenda. Although the City
Council values your comments, pursuant to the Brown Act, the Council generally
cannot take any action on items not listed on the posted agenda. Please complete a
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 PARKS AND RECREATION COMMISSION MEETING — November 17, 2005
— 7:00 p.m., Hearing Board Room, AQMD/Government Center, 21865
Copley Dr.
5.2 SUNDAY AT THE CENTER - ONE DAY ART SHOW AND SALE —
November 20, 2005 —10:00 a.m. — 4:00 p.m., Diamond Bar Center, 1600 S.
Grand Ave.
5.3 PLANNING COMMISSION MEETING — November 22, 2005 — 7:00 p.m.,
Auditorium, AQMD/Government Center, 21865 Copley Dr.
5.4 THANKSGIVING HOLIDAY—City Officeswill be closed Thursday, November
24 and Friday, November 25, 2005 in observance of the Thanksgiving
Holiday. City offices will reopen, Monday, November 28, 2005.
5.5 PUBLIC SAFETY COMMITTEE MEETING — December 5, 2005 — 7:00 p.m.,
Diamond Bar/Walnut Sheriff Station, 21695 E. Valley Blvd., Walnut.
5.6 CITY COUNCIL MEETING — December 6, 2005 — 6:30 p.m., Auditorium,
AQMD/Government Center, 21865 Copley Dr.
NOVEMBER 15, 2005 PAGE 3
6. CONSENT CALENDAR:
6.1 City Council Minutes:
6.1.1 Study Session of November 1, 2005 - Approve as submitted.
6.1.2 Regular Meeting of November 1, 2005 — Approve as submitted.
6.2 Parks and Recreation Commission Minutes — Regular Meeting of
September 22, 2005 — Receive and file.
6.3 Ratification of Check Register - Containing Checks dated October 28
through November 10, 2005 in the amount of $954,001.30.
6.4 Denial of Claim - Filed by Ashwini Lai on August 19, 2005.
Recommended Action: Deny.
Requested by: City Clerk
6.5 Approval of Amendment No. 3 to the Contract with Hirsch and
Associates for Architectural Services for Sycamore Canyon Park ADA
Retrofit Improvement Project in the Amount of $3,500 for a Total
Authorization of $164,450.
Recommended Action: Approve.
Requested by: Community Services Department
6.6 Extension of Agreement with Tennis Anyone from July 1, 2004 Through
June 30, 2006 in an Annual Amount not to Exceed $50,000 for a Total
Authorization of $100,000.
Recommended Action: Approve.
Requested by: Community Services Department
NOVEMBER 15, 2005 PAGE 4
PUBLIC HEARINGS: 7:00 p.m., oras soon thereafter as matters maybe heard
7.1 Public Hearing — Consideration of Zone Change No. 2004-01,
Conditional Use Permit No. 2004-01, Development Review No. 2004-19
and Variance No. 2004-02 for Country Hills Town Center: A Zone
Change From Neighborhood Commercial (C-1) to Community
Commercial (C-2) District Consistent with the General Plan Commercial
Designation; A Conditional Use Permit and a Development Review for
the Renovation of the Fagade of the Existing Shopping Center Totaling
221,083 sq. ft.; and a Variance to Increase the Building Height for the
Tower From 35 ft., to 49 ft. the Two -Story Building From 35 ft. to 40 ft.
and the Three -Story Building From 35 ft. to 54 ft.
Recommended Action: Open the Public Hearing and Continue to December
6, 2005.
Requested by: Community Development Department
8. COUNCIL CONSIDERATION:
8.1 Adopt Resolution No. 2005 -XX: Delegating to the City Manager or her
designee the Duties of Making a Finding of Public Convenience and
Necessity to Warrant the Issuance of a Liquor License.
Recommended Action: Adopt.
Requested by: Community Development Department
9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT:
MEMORANDUM
C I Ty or
DIAMOND BAR
COMMUNITY & DEVELOPMENT SERVICES
PUBLIC WORKS/ENGINEERING DIVISION
TO: Honorable Mayor and Members of the City Council
FROM: David G. Liu, Director of Public Works IF
Javier R. Peraza, Management Analyst
VIA: Linda C. Lowry, City Managerm�
DATE: November 15, 2005 /
RE: FINAL REPORT ON THE AUDIT OF COMMERCIAL AND
RESIDENTIAL WASTE HAULERS PERFORMED BY HILTON,
FARNKOPF AND HOBSON
CC: David Doyle, Assistant City Manager
The current contracts for both residential and commercial services were awarded
in August 2000 for a term of 10 years. At the midpoint of the contracts with Valley
Vista Services and Waste Management, the City sought a thorough, independent
evaluation in order to ensure that all contractual obligations/requirements are
being met. The evaluation was completed by a third -party consultant, Hilton,
Farnkopf and Hobson (HF&H).
Based on the City's specific needs and expectations, HF&H focused their efforts
on the following items:
1. Review and evaluate the Contractors' Handling of Customer Complaints
2. Verify the Accuracy of Customer Billing
3. Verify the Accuracy of AB 939 Administrative Fee Remittances
4. Review and Evaluate the City's "Monthly Recycling Progress Report"
Upon completing the aforementioned tasks, the consultant prepared a
preliminary report for the City and haulers to review and comment. This was
followed by a face-to-face meeting between the Consultant, staff and each hauler
to discuss the following observations:
o Both contractors are reasonably handling complaints that are recorded in
their customer service systems.
o Both contractors are billing customers with reasonable accuracy. Minor
inaccuracies were identified that are not material, and the contractors are
correcting them.
o Both contractors had minor inaccuracies in the payment of the AB 939 fee.
o Reports could be enhanced by including additional information.
Based on the comments the Consultant received from both staff and the haulers,
a final report was submitted for the City's consideration. Staff reviewed the
consultant's final audit report for thoroughness and completeness. Although both
haulers were found to be in general compliance with the City's contractual
requirements, HF&H prepared a brief presentation to further discuss the audit's
findings, including some noteworthy observations regarding the existing
contracts.
Page 2 of 2
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06
Agenda No. 6.1.1
CITY OF DIAMOND BAR
DRAFT CITY COUNCIL STUDY SESSION
NOVEMBER 1, 2005
STUDY SESSION: Mayor Chang called the Study Session to order at
5:30 p.m. in Room CC -8 of the South Coast Air Quality Management
District/Government Center, 21865 Copley Dr., Diamond Bar, CA.
Present: Council Members Herrera, Tanaka, Zirbes, and Mayor
Chang. Mayor Pro Tem O'Connor was excused.
Also Present: Linda Lowry, City Manager; David Doyle, Assistant
City Manager; Michael Jenkins, City Attorney; David Liu, Public Works Director; Bob
Rose, Community Services Director; Ken Desforges, IS Director, Linda Magnuson,
Finance Director; Nancy Fong, Interim Community Development Director; Marsha Roa,
Public Information Manager; Kim Crews, Senior Management Analyst; Ryan McLean,
Senior Management Analyst; Kimberly Molina, Assistant Engineer; Isaac Aziz,
Network/GIS Engineer and Tommye Cribbins, Executive Asst.
A. CITYWIDE WIRELESS PROJECT
ISD/Desforges gave a Power Point presentation on various types of Citywide
Wireless Projects via broadband access. Broadband, a nationwide
communication system that is expected to increase the annual GNP by $500
billion and lead to 1.2 million new jobs is defined as "of or relating to being a
communications network in which the bandwidth can be divided and shared by
multiple simultaneous signals (as for voice data or video)." Currently the
franchise agreement with Adelphia contains a requirement that every residence
in the City have cable service available.
ISD/Desforges then talked about the current available options. The existing
franchise agreement does not preclude another company offering video service
in the City. Only about 3,000 of the City's 16,000 households currently purchase
broadband access from Adelphia and the City regularly receives complaints
about the price of the service and in some cases, the quality of the connection.
The City receives no revenue from these installations and has no control over
rates and quality of service. ISD/Desforges further stated that the United States'
access to broadband has dropped from number 3 to number 16 in the world and
the U.S. is rapidly losing its ability to compete in technology on the world stage.
ISD/Desforges reported that the telephone and cable companies consider it
essential that they bundle services to the consumer ("triple play" — voice, data
and video services). The City has other options such as wireless technology that
has the same ability as the telecom and cable companies to cover every home in
the City at a much lower cost than in the past. He explained the pros and cons of
other types of technology including municipal WiFi and explained the various
types of deployment models including cost, expense and revenue as well as
municipally owned agreements and what D.B. would bring to the table as well as
challenges the City would face in providing such services.
NOVEMBER 1, 2005 PAGE 2 CC STUDY SESSION
ISD/Desforges responded to C/Zirbes that "dark fiber" is unused, unconnected
fiber that most cities have and require their developers to install.
ACM/Doyle explained that as an example Adelphia runs its fiber down Grand
Ave. the City was able to capture six strands of dark fiber to connect City Hall to
the Diamond Bar Center.
C/Zirbes asked if staff had contacted Edison or the County.
ISD/Desforges responded that the County was exceptionally cooperative and
seemed to be very dedicated to helping D.B. serve its residents. He said he
believed Southern California Edison was seeing dollar signs and looking at
strategies to extract the most dollars from the 187 cities. D.B. has attempted to
get Edison to understand that they communication with many other cities and
that Edison should consider working with D.B.
C/Zirbes said he found the concept attractive from an economic development
standpoint but was concerned about how to get it into the existing businesses. Of
the different models presented he would most prefer the Municipal owned if the
numbers could be worked out with the vertical asset owners for the following
reasons: 1) it would cost less, it would enhance the residences and businesses
and it would assist in attracting new business. He would like for the City to look at
how to attract businesses like Sigma, for example and consider whether D.B.
could provide that service to the businesses and at the same time enhance the
General Fund revenue. This was a great presentation with a lot of information
and he felt there was still much for the Council to learn on this subject.
CM/Lowry explained that staff was seeking the Council's support in entering into
serious discussions with Edison.
ISD/Desforges responded to C/Herrera that solar would be an ancillary support
but it would be very costly.
ISD/Desforges said that solar technology had evolved substantially since the
beginning and panels could be powered by moonlight as well as ambient light.
Solar would not be his first choice but would work well for backup and
emergency.
CM/Lowry stated that staff is mindful of the D.B. business model and that it is a
contract city. Therefore, staff would be very cautious about proposing any model
that would contradict the City's current method of providing public service.
NOVEMBER 1, 2005 PAGE 3 CC STUDY SESSION
B. INFORMATION ON COUNTRY HILLS TOWNE CENTER
ICDD/Fong reported that the proposed project was close to reality. Staff
anticipates that the project will move forward to Council on December 6 and that
the purpose of the study session was to determine whether Council had
questions or concerns about the project. On Tuesday, October 25 the Planning
Commission held a study session to discuss the proposed project. Concerns
about the project included the ratio of food business to the overall occupancy,
whether the parking spaces were sufficient to accommodate the shopping center,
the height of the proposed three-story medical/office building, the deteriorating
condition of the center, and the buffering of the shopping center from residential
use. The Planning Commission continued the matter to Tuesday, November 8 for
further discussion and consideration. Yesterday staff met with the applicant to
discuss the conditions of approval.
Mike McCarthy, applicant, said he was very excited about the project and had
spent the past two years marketing the center within the trade area. He was
attempting to anchor the center with an Asian market. However, a lease had not
yet been signed. He proposed to take the shopping center improvements to a
level comparable to the higher income homes within "The Country Estates." He
said he believed there was a need for a medical office building within the City
and generally speaking, hospitals look for such services within neighboring
communities. He is listening closely to the concerns of the residents and the
modified site plans reflect many of those comments such as modifying the
parking, ingress/egress, screening the rear area, etc. Some residents were
concerned about the height of the three-story medical/office building and tower
elements within the shopping center to provide visibility to the street. One of the
reasons the shopping center failed in the past Mr. McCarthy said was because it
sits at low grade which is a very unusual feature for a shopping center.
C/Zirbes stated that a huge interest at the south end of the City was a place for
people to purchase food and he understood that the applicant was proposing to
nearly double the size of the market and include a food court. He asked the
applicant to share with the Council the name of the potential major tenant.
Mr. McCarthy responded that it would harm his negotiation process were he to
publicly announce a deal that was not inked because once announced other local
center owners might try to entice that tenant to their site. He said he was about
30 days from signing and once the name was made public the Council would
understand that it was a first class market with goods and services that would
serve a multi-ethnic buying public and would not be specific to any particularly
ethnic group. Mr. McCarthy said it would be one of the nicest build -outs any city
would be likely to attract.
C/Zirbes asked if it were possible for the applicant to consider adding a second
story for offices to the warehouse building in order to provide greater visibility
from Diamond Bar Boulevard.
NOVEMBER 1, 2005 PAGE 4 CC STUDY SESSION
Mr. McCarthy explained the reason he would like to keep it a single -story building
was because the view corridors would be disrupted similar to how the Triple AAA
building had disrupted visibility for the buildings in the rear area of the center. He
would prefer to keep the building a single -story. He was proposing a two-story
building on the north end of the center and scaled back the concept of building a
two-story addition on the opposite end.
C/Zirbes hoped that the applicant would provide more shielding along Fountain
Springs to mitigate the height and mass of the two-story and medical/office
buildings. He liked the entry palms but would like to see more detail and more
trees in the center of the parking aisles. He asked if the applicant had developed
any type of signing program that he could share.
Mr. McCarthy said a sign program was developed but not in time to receive final
approval as part of the initial process. He said he would be submitting a sign
variance in order to keep the pylon sign in its current location.
C/Zirbes asked if the proposed sign program would be consistent with the rest of
the community.
Mr. McCarthy responded "yes."
C/Herrera said that during the Planning Commission meeting a couple of tenants
spoke about not wanting to be moved. The dentist and the dry cleaning owner
wanted to remain in their current locations and C/Herrera wanted to know what
their options would be.
Mr. McCarthy said their options have not yet been defined and until he finds the
anchor he is unable to determine where tenants might want to relocate for higher
and better uses. The pad where those tenants are located is a prime location and
was probably better suited to restaurant use. It is difficult and painful for tenants
to be repositioned because they feel very vulnerable.
C/Herrera asked if by making it painless for people to move, was Mr.McCarthy
meaning that there would be no cost to the tenants.
Mr. McCarthy responded that unfortunately, there was no redevelopment money
available in D.B. so the lease and tenant improvements would have to be
negotiated with the tenant. In his experience some tenants do not want to pay
higher rates and the shopping center needs higher rates in order to justify the
millions of dollars being spent to rehab the center. Some tenants like to upgrade
their surroundings in order to attract more clients. A dentist, for example, could
easily occupy a second floor office and if the dentist has a thriving business and
he has adequate space to lease hopefully it could be worked out.
Mike Shay asked what other projects Mr. McCarthy had been involved with
during the past two or three years.
NOVEMBER 1, 2005 PAGE 5 CC STUDY SESSION
Mr. McCarthy said the closest was Phillips Ranch Shopping Center just off the
SR60. The center had failed for years prior to his purchasing the center.
Currently, the center is about 95 percent occupied by prior and new tenants. He
also purchased the Chino Hills Shopping Center on Central and Philadephia.
ADJOURNMENT: With no further business to come before the City Council,
M/Chang adjourned the Study Session at 6:35 p.m.
Linda C. Lowry, City Clerk
The foregoing minutes are hereby approved this day of 2005.
WEN CHANG, Mayor
Agenda No
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
NOVEMBER 1, 2005
STUDY SESSION: 5:30 p.m., Room CC -8 DRAFT
► Citywide Wireless Project
► Information on Country Hills Towne Center
M/Chang adjourned the Study Session at 6:35 p.m.
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 City Council began its evening with a Study Session during
which Council received reports on a future possible citywide wireless project and the
proposed Country Hills Towne Center rehabilitation program.
PLEDGE OF ALLEGIANCE: Council Member Tanaka led the Pledge of Allegiance.
INVOCATION: Pastor Bob Stebe, Northminster Presbyterian Church
gave the Invocation.
ROLL CALL: Council Members Herrera, Tanaka, Zirbes and
Mayor Chang. Mayor Pro Tem O'Connor was excused.
Staff Present: Linda Lowry, City Manager; David Doyle, Assistant City
Manager; Michael Jenkins, City Attorney; David Liu, Public Works Director; Bob Rose,
Community Services Director; Ken Desforges, IS Director; Linda Magnuson, Finance
Director; Nancy Fong, Interim Community Development Director; Ryan McLean, Senior
Management Analyst and Tommye Cribbins, Executive Asst.
APPROVAL OF AGENDA: CM/Lowry asked that Items 1.2 and 8.1 be continued to
November 15, 2005.
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Mayor Chang presented Certificate of Recognition to Kathleen Newe who
was named "Community Hero" at the Los Angeles County Fair.
BUSINESS OF THE MONTH:
1.2 Presentation of City Tile to Mark Brownstein, Bryan Carmach and Peter
Horner, owners of the McDonald's at 21095 Golden Springs Dr. and 205 S.
Diamond Bar Blvd., Business of the Month for November 2005 — Continued
to November 15, 2005).
CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered.
6.1.2
NOVEMBER 1, 2005 PAGE 2 CITY COUNCIL
3. PUBLIC COMMENTS:
Eileen Ansari spoke about the election and false campaign statements and how, in
her opinion, the campaign had reached an all time low. She also spoke about the
"D.B. Residents against Government Abuse," who belongs to the group, who
financially backs the group and a flyer that contains personal derogatory statements
about a sitting Council Member. She said that council members must act in a
professional manner and do what was in the best interest of D.B.
Margie Hinkle, 1102 Greycloud Ln., spoke about a letter she received today that
referenced MPT/O'Connor. When Mrs. O'Connor was a member of the PTA as
referenced by the letter, Margie Hinkle was the president (1991 to 1993) and in her
opinion, Mrs. O'Connor always turned her attention to the best interest of the
students. It is rare that large groups of women such as PTA groups working together
have no conflicts and she said she found the statements in the letter to be appalling
and deplorable.
Mary Matson said she was appalled by the campaign tactics of three individuals
running for City Council and found it interesting that all three individuals had the
same campaign manager. She personally asked Mrs. O'Connor what was wrong
with C/Zirbes and was told she would have to contact Mr. Zirbes because Mrs.
O'Connor did not know. She assured Mr. Zirbes that Mrs. O'Connor never said
anything to her about his illness. The literature about Mrs. O'Connor and Mr. Chang
are lies and half-truths.
Orien Pagan said she had lived in D.B. since 1962 and owned a tax business in the
City for 36 years. Debby O'Connor is her employee and in her opinion, Debby
O'Connor promotes the highest integrity for her business and she would not have an
employee who did not practice confidentiality and who did not have integrity. Debby
O'Connor never told her what was wrong with C/Zirbes and Ms. Pagan said she was
glad to see C/Zirbes on the dais. Ms. Pagan said she could pay the business tax
because the City needed to know what businesses were operating in the City. The
Community/Senior Center Task Force had under consideration the golf course as
one of several possible sites for the center so that was not a new concept. She felt it
would be wonderful if the golf course could be moved so that the City could capture
sales tax revenue from businesses on the current golf course site. Placing the
matter of whether the community wanted a new library on the ballot was a 5-0 vote.
She does not know how she will vote on the matter because she needs more
information to make an informed decision and in her opinion, placing the matter on
the ballot was the right thing to do. She recommended the voters put negative flyers
in the garbage because that was where they belonged. She wished MPT/O'Connor
a Happy Birthday and David O'Connor the best as he faces heart surgery tomorrow.
Roger Meyer asked to have tonight's meeting adjourned in memory of Shirley
Shuler, a long-time resident of D.B. and a supporter of the community and its youth.
Roy Wilks said that Woodglen residents needed the City's help to determine the
best way to maintain the hillsides in their natural state and keep them from sliding.
NOVEMBER 1, 2005 PAGE 3
CITY COUNCIL
The three associations pay about $75,000 per year and get little in return. He met
with staff on two occasions, put his concerns in writing and emailed each of the
Council Members and received a reply only from MPT/O'Connor. He said the
maintenance supervisor would try to set up another meeting with the City to see
what could be done. The associations need financial help because the liability
insurance does not cover flood or landslide.
Nina Conchero, a 25 -year resident of D.B. has been involved with various
community activities through the years and had always looked for ways to contribute
to the beautiful City. For the past several weeks she has received negative and
misleading flyers against incumbents. She is shocked and appalled about
candidates' negative campaigns and it is apparent to her that candidates are unable
to offer anything positive about their own person and find it necessary to resort to
smear tactics. She held up what she called a "liar -flyer." There are serious issues
facing the community and she commended the City Council for addressing them and
working to improve the quality of life for the residents. She spoke against actions of
some of the candidates who she believed were using their campaign to spread
rumors and lies about M/Chang and MPT/O'Connor. Both have worked extremely
hard for the good of the community and both have outstanding records of service.
She has known M/Chang for many years to be a very generous and moral person.
M/Chang is an extremely valuable member of the community and has contributed
thousands and thousands of dollars to universities and various local charities and as
a very successful businessman it is absurd to suggest that M/Chang's livelihood
depends on the City's salary because he takes no salary from the City. As a
business owner she recently paid a small business registration fee, she did not pay
the City any taxes. She asked residents to please vote for incumbents and not vote
for candidates who want to get into public service through lies and smear
campaigning.
Bob Watts thanked the Council Members for their service to the community. The
City wants and needs a new library and he is concerned about his taxes increasing.
He asked the City Council to consider other alternatives such as help from the State
or Federal government to prevent another tax increase.
Lydia Plunk, Editor of The Windmill, said that since 1962 her publication had
published in the best interest of D.B. and anyone who wanted to see campaign ads
that were free of any innuendo should check her publication. Individuals can get
additional copies of The Windmill at City Hall, the Diamond Bar Library,
Assemblyman Huff's office and the Diamond Bar Center or they can call her at 909-
861-1147. As a citizen of D.B. and former Planning Commissioner she believed that
the community would come unglued if the City planned to consider changing the golf
course to a shopping center. The golf course offers an aesthetic respite for residents
and visitors. When speaking of business fees, D.B. used to have a bookstore in D.B.
and it left because of the business fee imposed by the County. She cautioned that
when concerns are expressed they should be reviewed in the context of history.
Simon Cohn, 23631 Gold Nugget Avenue, said he had been a resident of D.B. for
more than 25 years and was appearing before the Council tonight to express his
NOVEMBER 1, 2005 PAGE 4
CITY COUNCIL
opinion about the tactics used by some of the candidates running for City Council.
He said he was shocked by the viciousness and total disregard for truth expressed
in flyers that were mailed to him. The flyers contain vicious rumors against M/Chang
and MPT/O'Connor. He urged voters to vote for the incumbents because they have
proven records of accomplishments and he urged residents not to vote for
candidates who engage in lies and smear campaigns rather than present their
accomplishments and offer competitive agendas. He personally resents those who
speak negatively about their opponents.
Stella Hatzfeld, a 43 -year resident of D.B. said she had witnessed many elections in
the City. This has been an ugly and nasty campaign replete with false accusations.
She said she and others were opposed to negative campaigning and lies targeted
against M/Chang and MPT/O'Connor by Steve Tye, Bob Zirbes and Osman Wei.
She called on candidates to disavow all negative campaigning and run on the facts.
M/Chang and MPT/O'Connor are honest people who have run a clean and honest
campaign.
Vinod Kashyap, 21452 Chirping Sparrow Road said that at the last meeting
M/Chang had stated that He had endorsement M/Chang. He asked M/Chang to
correct the record that in fact he did not endorse M/Chang. He added that after the
October 18 City Council meeting he spoke with M/Chang and M/Chang
acknowledged that his assumption was incorrect and that Mr. Kashyap had not
endorsed him. Mr. Kashyap said he would appreciate it if M/Chang would publicly
acknowledge that he did not endorse M/Chang and that he had thanked M/Chang
for his public service.
Clyde Hennessee reiterated that the City had spent thousands of dollars to find out
if the people would like to pay for a new library. He felt the City could have sent out
a small packet to each household for a few dollars and probably have gotten the
answers about whether the citizens were in favor of paying for a new library. He
believed that the residents were not in favor of a long-term tax increase to pay for a
library that the City could not afford and if the City could not afford to pay for it the
cost should not be put on the backs of the residents. He said he would support
M/Chang and MPT/O'Connor and that he had not seen campaign letters from other
candidates and wondered who actually put out the flyers to which previous speakers
referred.
David O'Connor, a 25 -year resident of D.B. said he was the very proud husband of
MPT/O'Connor. Debby serves on the City Council and Debby works. He is retired
and takes a lot of phone calls during the day and recently there have been a lot of
phone calls about the campaign pieces that have been distributed. The literature
does not have any individual names, only the name of a PAC and people want to
know who is sending out the mailers. In his opinion, the individuals sending out
these campaign pieces have to hide their motives, agendas and ideas because they
generally would not be able to stand up to the light of day and honest public scrutiny.
They are a bunch of hypocrites and have to attack M/Chang and MPT/O'Connor
with vicious hit pieces because they cannot attack M/Chang and MPT/O'Connor on
their public record. Although the letterhead refers to the California Republican party
NOVEMBER 1, 2005 PAGE 5
CITY COUNCIL
it was not sent out by them and he has a letter from the Chairman of the California
Republican Party that states they did not approve the use of the logo, the letterhead
and the content and did not have prior knowledge that the mailer was being sent
out. In fact, the California Republican Party sent the letter to their legal department
for review and possible action. As far as Mr. O'Connor is concerned the mailer is
fraudulent and he believed that ultimately it was Bob Huff that was behind the
mailer. He wished MPT/O'Connor a Happy Birthday, said that he loved her and was
proud to be her husband and the father of their three daughters. He said he
supported MPT/O'Connor and was proud of her service to D.B. and when all was
said and done the decent people of D.B. would know that they had a truly open and
honest woman working tirelessly on their behalf.
Dan Nolan came to the meeting this evening because he too received all of the
mailings. He said he supported Steve Tye and Bob Zirbes and walked precincts for
both individuals. In speaking with individuals on the street he learned that many
folks are just as tired of the negative and incorrect information as many people in the
room this evening. However, he believed that by insulting the citizens of D.B. by
saying they should take this information and chuck it in the trash because there was
no truth to it was a bit presumptuous. He said he believed citizens were smart
enough to determine what was true and not true. There is a lot of passion in this
room and it has been apparent since the selection process for the special election
commenced. It is funny to him that when people hear other people's opinions they
are either yeah or nay and very vociferously either support or jeer others. Mrs.
Ansari stated that the same old names are on those flyers. In fact, it is the same old
people who come to the podium to support Mr. Tanaka, Mr. Chang and Mrs.
O'Connor and there is never any new information. He asked that Mr. Chang control
the room. He said he does not appreciate the jeering from behind. He said he has
held his tongue for a long time and never come to the podium to speak his mind. He
said he was not a member of the D.B. Citizens Against Government Abuse but he
supported their right to put together a political action committee. He also supports
Mrs. Herrera's right to contribute to that PAC just as he supports other individuals'
rights to contribute funds to Mr. Tanaka and Mrs. O'Connor's campaigns. For people
to come to the podium and rattle the saber and hearken back to 2001 when they lost
an election based on what they thought was a bad mailer, the reality of it is that it is
politics and that this is the City of D.B. and that is what this City has either aspired to
or degenerated to and his sense was that the City was degenerating to some
degree and the people needed to find a way to get beyond it. He said he respected
C/Zirbes immensely and felt that everything C/Zirbes had done for the last year was
for the good of D.B. He held Mr. Zirbes personally accountable for the beautification
projects that have taken place throughout the City. He said he also appreciated Mrs.
Herrera's hard work over the years and as well he appreciated the hard work that
M/Chang had done over the years and Mr. Tanaka's appointment as a Council
Member. Everyone has a right to speak and people watching these proceedings
need to look at all of the mail and information. The first mailer that came out was not
signed and people jeered. Another mailer was signed and the author was jeered
and it is because the people doing the jeering do not appreciate the message. He
asked the people of D.B. to take the opportunity to read all of the information; decide
what kind of government they wanted going forward and let the chips fall where they
NOVEMBER 1, 2005 PAGE 6
may.
CITY COUNCIL
Wanda Tanaka, a 30 -year resident felt it was very sad that there was so much
negative campaigning and that people should run on their merits. Her husband was
the subject of a hit piece and she felt he did not deserve that kind of treatment. Last
night during "Trick or Treat" someone hit his car with a paint ball. She asked
residents to read all of the literature and vote.
Marie Buckland said she had received trash mail that spoke against M/Chang and
MPT/O'Connor. Candidates should talk about why people should vote for them and
not tear the City down. If people do not like living here and believe the people are
bad they should move. She said she was ashamed of C/Herrera for implying that
CA/Jenkins was not doing his job during the last Council meeting and for
contributing to a PAC that spewed dirt.
Roger Meyers asked the candidates to please remember to pick up their signs after
the election.
Steve Tye, candidate for Council, said that because Stella Hatzfeld encouraged
candidates to come forward and disavow negative literature and campaigning he
came to the podium to disavow any such participation. He has nothing to do with
negative literature and campaigning and he wanted everyone in the room and those
watching on television to know that he was not running against anyone, he was
running for D.B. He encouraged everyone to "keep it positive."
4. RESPONSE TO PUBLIC COMMENTS: M/Chang responded to Mr. Wilks
that he believed CSD/Rose had spoken to him about the hillside matter. In fact,
when M/Chang received calls from the homeowners he asked staff to take care of
the situation, contact the homeowners and invite the homeowners to meet to see
what could be done because he believed that the City was not the property owner.
M/Chang said that two nights prior to the City Council meeting Mr. Kashyap visited
his campaign office and offered his support. He said he took the City's business very
seriously and would not speak to something that was not true.
SCHEDULE OF FUTURE EVENTS:
5.1 PUBLIC SAFETY COMMITTEE MEETING — November 7,2005 — 7:00 p.m.,
Diamond Bar/Walnut Sheriff Station, 21695 Valley Blvd. Walnut
5.2 ELECTION DAY — November 8, 2005 — Polls open 7:00 a.m. to 8:00 p.m.
5.3 VETERAN'S DAY RECOGNITION CEREMONY — November 8,2005 — 9:00
a.m., D.B. Center Grandview Ballroom, 1600 S. Grand Ave.
5.4 PLANNING COMMISSION MEETING — November 8, 2005 — 7:00 p.m.,
Auditorium, AQMD/Government Center, 21865 Copley Dr.
NOVEMBER 1, 2005 PAGE 7 CITY COUNCIL
5.5 TRAFFIC AND TRANSPORTATION COMMISSION —November 10, 2005-
7:00 p.m., Hearing Board Room, AQMD/Government Center, 21865 Copley
Dr.
5.6 VETERAN'S DAY — November 11, 2005 - City Offices will be closed. Offices
will reopen on Monday, November 14, 2005.
5.7 CITY COUNCIL MEETING — November 15, 2005 — 6:30 p.m., Auditorium,
AQMD/Government Center, 21865 Copley Dr.
6. CONSENT CALENDAR: C/Herrera moved, C/Tanaka seconded to approve the
Consent Calendar as presented. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
6.1 CITY COUNCIL MINUTES:
Herrera, Tanaka, Zirbes, M/Chang
None
MPT/O'Connor
6.1.1 Study Session of October 4, 2005 —Approved as submitted.
6.1.2 Study Session of October 18, 2005 — Approved as submitted.
6.1.3 Regular Meeting of October 18, 2005 — Approved as submitted.
6.2 RATIFIED CHECK REGISTER dated October 14, 2005 through October 27,
2005 in the amount of $1,763,438.84.
6.3 APPROVED TREASURER'S STATEMENT — Month of September 2005.
6.4 ADOPTED RESOLUTION NO. 2005-57: APPROVING THE APPLICATIION
FOR GRANT FUNDS IN THE AMOUNT OF $45,000 FOR THE CALIFORNIA
ENVIRONMENTAL PROTECTION AGENCY INTEGRATED WASTE
MANAGEMENT BOARD TIRE -DERIVED PRODUCT (TDP) GRANT
PROGRAM TO PROVIDE RESILIENT PLAYGROUND SURFACING AS A
COMPONENT OF THE PAUL C. GROW PARK AND SYCAMORE CANYON
PARK PLAYGROUND PROJECTS.
6.5 AWARDED CONTRACT TO RJM DESIGN GROUP FOR DESIGN OF
PARKWAY IMPROVEMENTS AND PANTERA PARK
RESTROOM/STORAGE BUILDING IN THE AMOUNT OF $65,153 PLUS A
CONTINGENCY AMOUNT OF $6,000 FOR A TOTAL AUTHORIZATION OF
$71,153.
6.6 APPROVED GRANT OF EASEMENT TO NEW CINGULAR WIRELESS
PCS, LLC FOR USE OF EXISTING CITY OWNED ACCESS ROAD TO THE
EASTGATE WATER TANK SITE.
NOVEMBER 1, 2005 PAGE 8
CITY COUNCIL
6.7 ADOPTED RESOLUTION NO. 2005-58: ESTABLISHING SALARY RANGES
FOR ALL CLASSES OF EMPLOYMENT EFFECTIVE NOVEMBER 1, 2005
AND APRIL 1, 2006 AND RESCINDING RESOLUTION NO. 2005-35 IN ITS
ENTIRETY IN ORDER TO IMPLEMENT SALARY ADJUSTMENTS FOR
THE ASSISTANT CITY MANAGER.
7. PUBLIC HEARINGS: None
8. COUNCIL CONSIDERATION:
8.1 ADOPT RESOLUTION NO. 2005-59: DELEGATING TO THE CITY
MANAGER OR HER DESIGNEE THE DUTIES OF MAKING A FINDING OF
PUBLIC CONVENIENCE AND NECESSITY TO WARRANTTHE ISSUANCE
OF A LIQUOR LICENSE. (Continued to November 15, 2005)
9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS:
C/Herrera said she had been maliciously maligned this evening. She said she had
lived in D.B. for 39 years and had a vested interest in this town as did many who
were present this evening. She wanted to invest in the elections this year because
this was an extremely important campaign season. So she invested money into the
campaigns of Pomona School Board, Walnut School Board, the Water Board and
City Council. She followed the example of M/Chang who invested over $10,000 in
the last three elections. Many in the audience would like to deprive her of her right to
invest in an election. However, those who sit on the City Council dais are part of the
public domain; the lives of City Council Members are public and the public can talk
about the City Council Members. City Council Members are talked about in
newspapers and in mailers; there is nothing sacred about the people who sit on the
dais. City Council Members have no privacy because they are public officials. There
were comments about Jody Roberto — a person of very high integrity and a person
of good standing in St. Denis Church. Many of the things that Jody Roberto wrote
about were her own eyewitness accounts of certain events. Maybe the 15 or 20
people in this room do not like her message and it is their right to disagree.
Nevertheless, it does not belie the fact that there are troubling things happening and
the greater public, the residents of this community, have the right to know. She said
she believed that evil continues when good people do nothing. She also said she
was ashamed of Eileen Ansari and Marie Buckland.
C/Zirbes agreed with C/Herrera that people had a right during campaigning to do
what they wanted to do. However, if individuals were to read his campaign literature
they would find that he too would disavow any participation with any of the negative
material that had come out and no one would see his name on any of the negative
literature and would not see anything negative in his campaign material. He writes
his own material and has other matters to attend to and has no time to participate
with PACs. If PACs are supporting him he appreciates that. He has not seen the
Jody Roberto piece and has not seen the piece that Mr. O'Connor had that
appeared on the California Republican Party letterhead. He felt that his record spoke
for itself. He loves the community, he is devoted and dedicated to the community, he
NOVEMBER 1, 2005 PAGE 9
CITY COUNCIL
has accomplished a great deal during his four years on the Council and his
campaign literature speaks to his accomplishments and his record and also speaks
to the future goals he would like the community and City to achieve. He said he did
not necessarily agree with all of the campaign literature and had witnessed many
false campaign ads on TV. In fact, even the Governor is not immune to negative
campaign material. People have to read all of the material and discern the truth for
themselves. This is nothing new to D.B. and political campaigns. However, to have
someone come to the podium and accuse or insinuate that he has had anything to
do with a PAC or anyone else's negative smear piece is just as bad a smear as the
piece that people seemed to be upset about. It is not in his nature to be negative
and smear others and those who know him and the type of person he is know what
he believes and what he has done for this City. He encouraged everyone to cast
their three votes next Tuesday.
C/Tanaka attended the Southern California Edison thank -you breakfast at the
Customer Technology Application Center; attended all of the senior group meetings
as the City Council liaison and worked with them to promote a multi -cultural event
prepared for October 2006; attended the San Gabriel Valley COG meeting; open -
house, ribbon cutting and donor recognition for the Greater La Puente Valley Meals
on Wheels program in City of Industry; Chamber of Commerce networking
breakfast; Chaparral Middle School red -ribbon week assembly; Read Together D.B.
events during October and the Haunted House at Heritage Park. Next Tuesday is
election day so please review the materials carefully and he said he knew in his
heart that people would make the right decisions and choose the right candidates
and make the right choices on all of the measures.
M/Chang commented on the Author's Day event and the Read Together challenge
The Wishing Well. There were three schools and 150 to 200 parents and kids that
attended. He invited the participants to speak about the program during public
comments so that people could learn more about the program so that next year
more parents and students would become involved. He loved the Author's Day
event. Approximately 50 authors brought their books and shared them with the
students. Many students love to write and it was a wonderful opportunity for them to
speak with the authors and be inspired by them. Author's Day is a wonderful
program and he would like to see it continue. He thanked the volunteers who are
trying to make the City better. M/Chang said he received a campaign hit piece and
he believed that at least 60 percent of the residents had received the same piece
from "D.B. Residents Against Government Abuse" that spoke nothing but lies. To a
second flyer that stated: "the City Council is proposing more taxes and Wen Chang
is spending excessive money to build a library" is not true. The truth is that
Proposition 218 requires a two-thirds vote by the people for any tax increase. None
of the Council Members can make that decision. Secondly, building a new library is
top priority and has been a City goal for years. The Council has been working on
building a new library. The entire City Council including the prior City Council
Members agreed unanimously to apply for a grant to build a new library and the
Council decided that because it did not have enough money to build a new library
and still maintain adequate reserves Council Members unanimously decided to find
out whether the community really wanted to pay for building a new library by hiring a
NOVEMBER 1, 2005 PAGE 10 CITY COUNCIL
consultant to survey the public to find out whether the City should place the matter
on the ballot. It is not true that the Council wants to increase taxes. The City is
proposing an option for the people to choose whether they want to build a new
library. The City Council does not have the power to increase taxes. The Council
voted 4-1 in favor of a Business Registration fee that will make the City safer
because the residents will know what kind of businesses lay within residential
neighborhoods. Property values will remain intact and the City can make sure that
businesses are in compliance with the City's Zoning Code. The Business
Registration fee is just a fee and not a tax. To the campaign statement that "Wen
Chang voted himself a 50 percent salary increase and wanted to be paid $5,000 per
month" he said that several years ago at one of the study sessions several Council
Members requested a raise. When it was proposed he agreed to support the
Council Members who needed an increase and the Council voted to approve the
increase 5-0. From the first day he has been doing his job. He is a Council Member
and just speaking the truth. From day one he never took a dime. Mrs. Herrera raised
$10,000 to support a hit piece and he needs to answer that so that people
understand the truth. He does not take any money for serving as a City Council
Member. He donates all of his salary and benefits back to the community, schools,
YMCA, non-profit organizations, charitable organizations and so on and so forth. He
never asked for the raise. He said that he donates more money than the salary and
benefits he took. Senning the community for him is not about taking the money. He
loves to serve the community and he is proud to make a difference for the people
and as an immigrant he appreciated the opportunity. He even returned three big
donation checks from developers who have a project in the review process. Just to
let the people know his total donations were $10,500 and he does not need to take
the money to benefit himself, he just wants to serve the public. To those who say he
wants the money and wants a salary raise, it is a lie. He said he did not want to talk
about the golf course anymore but it was one of the objectives in the City Council's
goals and objectives for many years and everyone agreed that the City should have
control over future development of the golf course to be in the best interest of the
City of D.B. and not to the developer.
C/Herrera left the dais prior to the completion of M/Chang's comments.
10. ADJOURNMENT: With no further business to conduct, M/Chang adjourned the
meeting at 8:23 p.m. in memory of long-time resident Shirley Shuler.
LINDA C. LOWRY, CITY CLERK
The foregoing minutes are hereby approved this _ day of 2005.
NOVEMBER 1, 2005 PAGE 10 CITY COUNCIL
consultant to survey the public to find out whether the City should place the matter
on the ballot. It is not true that the Council wants to increase taxes. The City is
proposing an option for the people to choose whether they want to build a new
library. The City Council does not have the power to increase taxes. The Council
voted 4-1 in favor of a Business Registration fee that will make the City safer
because the residents will know what kind of businesses lay within residential
neighborhoods. Property values will remain intact and the City can make sure that
businesses are in compliance with the City's Zoning Code. The Business
Registration fee is just a fee and not a tax. To the campaign statement that "Wen
Chang voted himself a 50 percent salary increase and wanted to be paid $5,000 per
month" he said that several years ago at one of the study sessions several Council
Members requested a raise. When it was proposed he agreed to support the
Council Members who needed an increase and the Council voted to approve the
increase 5-0. From the first day he has been doing his job. He is a Council Member
and just speaking the truth. From day one he never took a dime. Mrs. Herrera raised
$10,000 to support a hit piece and he needs to answer that so that people
understand the truth. He does not take any money for serving as a City Council
Member. He donates all of his salary and benefits back to the community, schools,
YMCA, non-profit organizations, charitable organizations and so on and so forth. He
never asked for the raise. He said that he donates more money than the salary and
benefits he took. Serving the community for him is not about taking the money. He
loves to serve the community and he is proud to make a difference for the people
and as an immigrant he appreciated the opportunity. He even returned three big
donation checks from developers who have a project in the review process. Just to
let the people know his total donations were $10,500 and he does not need to take
the money to benefit himself, he just wants to serve the public. To those who say he
wants the money and wants a salary raise, it is a lie. He said he did not want to talk
about the golf course anymore but it was one of the objectives in the City Council's
goals and objectives for many years and everyone agreed that the City should have
control over future development of the golf course to be in the best interest of the
City of D.B. and not to the developer.
C/Herrera left the dais prior to the completion of M/Chang's comments.
10. ADJOURNMENT: With no further business to conduct, M/Chang adjourned the
meeting at 8:23 p.m. in memory of long-time resident Shirley Shuler.
LINDA C. LOWRY, CITY CLERK
The foregoing minutes are hereby approved this _ day of 2005.
WEN CHANG, MAYOR
Agenda No. 6.2
CITY OF DIAMOND BAR
MINUTES OF THE PARKS & RECREATION COMMISSION
HEARING BOARD ROOM OF S.C.A.Q.M.D./THE GOVERNMENT CENTER
21865 Copley Drive
SEPTEMBER 22, 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: Marty Torres led the Pledge of Allegiance.
1. ROLL CALL:
Present: Chairman Nancy Lyons and Commissioners Dave Grundy, Benny Liang and
Ted Owens.
Commissioner Ling -Ling Chang was excused.
Staff Present: Bob Rose, Director of Community Services; Bryan Petroff; Parks and
Maintenance Supervisor; Sara West, Recreation Superintendent; Christy Murphey,
Recreation Specialist; Margot Suarez, Recreation Coordinator/Day Camp, and Marisa
Somenzi, Administrative Assistant.
SPECIAL PRESENTATIONS:
a) Recognition of former Parks and Recreation Commissioner Marty Torres.
b) Presented Certificates of Completion and Stipends to Summer Volunteen
Participants.
RECESS: Chair/Lyons recessed the meeting at 7:17 p.m.
RECONVENE: Chair/Lyons reconvened the meeting at 7:37 p.m.
MATTERS FROM THE AUDIENCE: None Offered.
ELECTION OF VICE-CHAIRMAN:
C/Liang nominated Commissioner Grundy. Commissioner Owens seconded the
nomination.
Commissioner Grundy nominated Commissioner Liang. Commissioner Liang declined the
nomination. Nominations were declared closed.
SEPTEMBER 22, 2005 PAGE 2 P&R COMMISSION
Commissioner Grundy was unanimously elected to serve as Vice Chairman of the Parks
and Recreation Commission.
CALENDAR OF EVENTS: As Listed in the Agenda and reported by
CSD/Rose.
CONSENT CALENDAR
C/Grundy moved, C/Liang seconded to approve the Consent Calendar as
presented. Motion carried by the following Roll Call vote:
AYES:
COMMISSIONERS:
Liang, VC/Grundy, Chair/Lyons
NOES:
COMMISSIONERS:
None
ABSTAIN:
COMMISSIONERS:
Owens
ABSENT:
COMMISSIONERS:
Chang
1.1 Approved Minutes of August 25, 2005 Regular Meeting
1.2 Received and Filed Commission Handbook.
2. INFORMATIONAL ITEMS
2.1 Recreation Program Report — RS/West
RS/West responded to C/Owens that in addition to the adult sports listed, the
Recreation Program includes adult basketball.
Chair/Lyons asked why some of the volunteers for the Halloween events
were coming all the way from Troy and Fullerton High Schools. RS/West
said that some D.B. residents attend Troy and Fullerton High Schools and
participate in local events to complete their required volunteer hours.
Chair/Lyons asked that when the report was compiled that staff compare the
bottom line figures for the 2005 Concerts in the Park series to the 2004
series because she was curious about whether the City was on at least a
break-even basis with the program.
2.2 Diamond Bar Community Foundation Oral Report — CSD/Rose reported that
according to Jody Roberto the Foundation was working on its gala event and
was looking for input from recreation staff for use of the proceeds.
2.3 Library Task Force Oral Report — no report.
2.4 Youth Master Plan Oral Report— CSD/Rose stated that the collaborative was
being formed. The Walnut Valley Unified School District chose not to move
forward with adoption of the plan until they hold a study session with staff
members present to answer questions and that WVUSD preferred to wait
until March to adopt the plan. Staff is awaiting word from the federal
government regarding approval of the work plan for the $256,000 grant.
SEPTEMBER 22, 2005 PAGE 3 P&R COMMISSION
2.5 Parks Report — PMS/Petroff presented an update on the walkthrough repair
items for Heritage Park, Maple Hills Park, and Ronald Reagan Park.
2.6 CIP Program Report — CSD/Rose
a. Trail and Trail Head Development at Sycamore Canyon Park — Under
Construction.
CSD/Rose responded to C/Liang that there were four parking spaces at
the trailhead including one handicapped space. The design of the area
also includes openings in the curb line for angle parking.
b. Picnic Shelters at Pantera Park — to be completed by end of November.
c. Sycamore Canyon Park ADA Retrofit — Phase II — Completed.
d. Sycamore Canyon Park ADA Retrofit — Phase III — Council approved
Phase III with the provision that the turnaround area would be increased
in width to accommodate passenger vans. CSD/Rose announced that the
cost estimate for Sycamore Canyon Park ADA Retrofit Phase III was
$750,000 and the City had budgeted $795,000 in grant funds for the
project.
VC/Grundy said that it was unfortunate that the headline for the Daily
Bulleting newspaper article was entitled "Park enhancements costing City
$750,000" when it might have been better to read that the "City invests
$750,000 in park enhancements." The article was good but the headline
had a somewhat negative connotation.
e. Starshine Park ADA Retrofit — Backflow Preventer Cage to be installed.
f. Lorbeer Ball Field — Artificial Turf/Restrooms — CM/Lowry sent a letter to
PUSD seeking the district's feedback as to whether it was in agreement
with completing the proposed project.
g. Larkstone Park Plan — Pending meeting with Richard Gould, JCC
Development to negotiate park plans.
h. Paul C. Grow Park ADA Retrofit—Contract for design awarded to Purkiss
Rose -RSI.
VC/Grundy asked about the construction taking place at Lorbeer and whether it
would have any affect on the City's plans. CSD/Rose said it would not affect the
City's plan.
CSD/Rose reported that D.B. Centerwas struck by lightning. The insurance adjuster
estimates repair in the range of about $15,500 for damage to electrical components.
However, the estimate was likely to go even higher.
C/Owens asked for a park tour of Sycamore Canyon Park and the proposed
Larkstone Park on Friday.
Chair/Lyons asked to be included in the walkthrough and agreed that it would be
timely to invite PM/Fong to make a presentation to the Commission regarding the
SEPTEMBER 22, 2005 PAGE 4 P&R COMMISSION
proposed construction for the area adjacent to Larkstone Park.
CSD/Rose presented the details of Sycamore Canyon Park ADA Retrofit Project
Phase III to the Commissioners.
OLD BUSINESS:
3.1 Update of Facilities Use Document — Continue discussion of limiting free
athletic facility use to Diamond Bar based non-profit organizations with a
certain percentage of Diamond Bar residents or to "participant" programs.
CSD/Rose recommended that the Commission establish an ad hoc
committee to study this issue with staff and develop a recommendation for
the Commission to consider at a future meeting.
C/Owens and VC/Grundy volunteered to serve on the ad hoc committee and
Chair/Lyons confirmed appointment of VC/Grundy and C/Owens to the ad
hoc committee.
4. NEW BUSINESS:
4.1 Schedule of Meetings in Novemberand December 2005—the Commission's
regularly scheduled meeting dates are November 17 and December 22
respectively.
The Commission concurred to meet on November 17 and tentatively agreed
to adjourn the December 22 meeting due to lack of quorum.
5. ANNOUNCEMENTS: C/Liang said he heard a lot of positive feedback
about table tennis at Heritage Park and wanted to know if only D.B. residents
could participate. CSD/Rose responded no and said that anyone could
participate at no charge. C/Liang felt that as a courtesy the Commission
should send a congratulatory letter to RS/Meyers for winning the Technical
Assistance Award because she was instrumental in offering a lot of input on
the Youth Master Plan. The Commission concurred.
C/Owens thanked the Commission for making him feel welcome at his first
meeting.
VC/Grundy welcomed C/Owens to the Commission. He commented that the
soccer fields are in good condition this year. He wished Bob Zirbes
continued strength and improvement and hoped that everyone would keep
C/Zirbes in their thoughts.
Chair/Lyons welcomed C/Owens to the Commission. She congratulated
RS/Meyers on receiving the Technical Assistance Award for the Youth
Master Plan. She noted that RC/Suarez did a great job recognizing the
Volunteens.
SEPTEMBER 22, 2005 PAGE 5 P&R COMMISSION
ADJOURNMENT: Upon motion by VC/Grundy seconded by C/Liang and with no further
business before the Parks & Recreation Commission, Chair/Lyons adjourned the meeting
at 8:55 p.m.
Respectfully Submitted,
/s/ Bob Rose
Bob Rose, Secretary
Attest:
/s/ Nancy Lyons
Nancy Lyons, Chairman
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager
Agenda # 6.3
Meeting Date: November 15, 2005
AGENDA REPORT
TITLE: Ratification of Check Register dated October 28, 2005 though November
10, 2005
RECOMMENDATION:
Ratify Check Register containing checks dated October 28, 2005 through November 10,
2005 totaling $954,001.30.
FINANCIAL IMPACT:
Expenditure of $954,001.30 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 check register containing checks dated October 28, 2005 through
November 10, 2005 for $954,001.30 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:
11. l�
Financ6 Director Assistant City Manager
Attachments: Affidavit and Check Register —10/28/05 through 11/10/05
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 October 28, 2005 through November 10, 2005 has been audited
and is certified as accurate. Payments have been allowed from the following funds in
these amounts:
Fund #
Description
Amount
001
General Fund
$495,941.63
112
Prop A - Transit Fund
48,490.75
115
Int. Waste Mgt Fund
11,930.41
118
AB2766 - AQMD Fund
833.30
125
CDBG Fund
6,844.72
138
LLAD #38 Fund
1,424.55
139
LLAD #39 Fund
1,353.62
141
LLAD#41 Fund
1,200.34
250
Capital Improvement Project Fund
360,553.96
520
Equipment Replacement Fund
25,428.02
$954,001.30
Signed:
Linda G. Magnus
Finance Director
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CITY COUNCIL
wCORroF.e(ey
TO: Honorable Mayor and Members
(ofthe City Council ft
VIA: Linda C. Lowry, City Manager 11.!LJ
TITLE: Rejection of Claim for Damages — Ashwini Lal
Agenda # 6.4
Meeting Date: November 15, 2005
AGENDA REPORT
RECOMMENDATION:
Carl Warren & Co., the City's claims administrator, recommends the City Council reject the claim filed
by Ashwini Lal on August 19, 2005.
FINANCIAL IMPACT:
There is no financial implication associated with rejecting this claim. The claim is in the amount of
$130.00.
BACKGROUND:
On July 3, 2005 between the hours of 3:00 — 4:30 p.m., a branch from a City owned tree fell on Mr.
Lal 1998 Toyota Corolla causing scratches on the rear of his car.
The City's claims administrator made a careful examination of the circumstances surrounding the
occurrence and has concluded that the City of Diamond Bar is not responsible. Therefore, the
administrator has recommended that the City of Diamond Bar reject the claim.
PRE RED
To mye ribbins
Executive Asst.
REVIEWED BY•
Asst. City Manager
CITY COUNCIL
Agenda # 6.5
Meeting Date: 11/15/05
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager 06)
TITLE: APPROVAL OF AMENDMENT #3 FOR CONTRACT WITH HIRSCH & ASSOCIATES
FOR ARCHITECT SERVICES TO INCREASE THE AMOUNT BY $3,500 FOR A
TOTAL AUTHORIZATION OF $164,450.
RECOMMENDATION:
Approve.
FINANCIAL IMPACT:
Funds for these services have already been approved by the City Council.
BACKGROUND:
The City Council awarded a contract to Hirsch and Associates for Sycamore Canyon Park ADA retro-
fit improvements on March 5, 2002. Amendment #1 was approved on March 4, 2003 for additional
landscape architect services. Amendment #2 was approved on June 21, 2005 to extend this contract
to December 31, 2006. Staff is seeking approval to increase the contract amount by $3,500, for a
total authorization of $164,450.
DISCUSSION:
Phase III improvements at Sycamore Canyon Park are currently under design. City Council requested
an increase in the size of the turn -radius in the upper parking lot so the shuttle buses can more easily
make that turn. Additional cost for the civil engineering work related to this request is $3,500.
Community Services Director
Attachments: Amendment #3 to Agreement
Amendment #2 to Agreement
Amendment #1 to Agreement
Agreement with Hirsch & Associates dated March 5, 2002
AMENDMENT #3 TO AGREEMENT
THIS AMENDMENT #3 TO AGREEMENT is made this 15th day of November 2005, by and between the
CITY OF DIAMOND BAR, a municipal corporation ("City") and HIRSCH AND ASSOCIATES, INC.
("CONSULTANT").
Recitals:
a. CONSULTANT entered into an agreement with CITY on March 5, 2002 (the "AGREEMENT")
in the amount not to exceed $50,000 to provide Landscape Architect Services for the design of
Phase II ADA improvements at Sycamore Canyon Park.
b. Amendment #1 was approved by the City on March 4, 2003 to revise the contract amount to
$160,950 for Landscape Architect Services for the design of Phase III ADA improvements at
Sycamore Canyon Park.
C. Amendment #2 was approved by the City on June 21, 2005 to amend the AGREEMENT to
extend the Term of Agreement to December 31, 2006.
d. Parties desire to amend the AGREEMENT to increase the contract amount by $3,500 for a total
authorization of $164,450.
Now, therefore, the parties agree to amend the AGREEMENT as follows:
Section 1 — Section 3, Compensation, is amended by increasing the contract amount by $3,500 for a total
authorization of $164,450.
Except as provided above, the AGREEMENT is in all other respects in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #3 TO AGREEMENT on the
date and year first written above.
ATTEST:
CITY OF DIAMOND BAR
A Municipal Corporation
Of the State of California
Signed
Wen Chang
Mayor
APPROVED TO FORM
City Attorney
HIRSCH AND ASSOCIATES, INC.
Consultant
Signed
Title
City Clerk
AMENDMENT #2 TO AGREEMENT
THIS AMENDMENT #2 TO AGREEMENT is made this 21st day of June 2005, by and between the CITY OF
DIAMOND BAR, a municipal corporation ("City") and HIRSCH AND ASSOCIATES, INC.
("CONSULTANT").
Recitals:
a. CONSULTANT entered into an agreement with CITY on March 5, 2002 (the "AGREEMENT")
in the amount not to exceed $50,000 to provide Landscape Architect Services for the design of
Phase II ADA improvements at Sycamore Canyon Park.
b. Amendment #1 was approved by the City on March 4, 2003 to revise the contract amount to
$160,950 for Landscape Architect Services for the design of Phase III ADA improvements at
Sycamore Canyon Park.
C. Parties desire to amend the AGREEMENT to extend the Term of Agreement to December 31,
2006.
Now, therefore, the parties agree to amend the AGREEMENT as follows:
Section 1 — Section 2, Term of Agreement, is amended by revising the date to continue to December 31,
2006.
Except as provided above, the AGREEMENT is in all other respects in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #2 TO AGREEMENT on the
date and year first written above.
ATTEST:
CITY OF DIAMOND BAR
A Municipal Corporation
Of the State of California
Signed
Wen Chang
Mayor
HIRSCH AND ASSOCIATES, INC.
Consultant
Signed
lid- 0
City Clerk
AMENDMENT #1 TO AGREEMENT
THIS AMENDMENT #1 TO AGREEMENT is made this 4th day of March 2003, by and between the CITY
OF DIAMOND BAR, a municipal corporation ("City") and HIRSCH AND ASSOCIATES, INC.
("CONSULTANT").
Recitals:
a. CONSULTANT entered into an agreement with CITY on March 5, 2002 (the "AGREEMENT')
in the amount not to exceed $50,000 to provide Landscape Architect Services for the design of
Phase 11 ADA improvements at Sycamore Canyon Park.
b. Parties desire to amend the AGREEMENT to provide for additional Landscape Architect
Services that consist of Sycamore Canyon Park Phase III ADA park improvements in the amount
of $110,950.
Fee for services described under recital `B" herein shall not exceed $110,950.
d. Consultant represents that it is fully qualified to perform such consulting services by virtue of its
experience and the training, education and expertise of its principals and employees.
Now, therefore, the parties agree to amend the AGREEMENT as follows:
Section t — Attachment "B" to the AGREEMENT is amended by adding thereto additional landscape
architect services that consist of Sycamore Canyon Park Phase III ADA improvements as described in
the proposal dated February 26, 2003.
Section 2 — Section 3 of the AGREEMENT is amended to add compensation in the amount of $110,950,
for a total authorization not to exceed $160,950.
Except as provided above, the AGREEMENT is in all other respects in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #1 TO AGREEMENT on the
date and year first written above.
ATTEST:
CITY OF DIAMOND BAR
A Municipal Corporation
Of the Stateeif Calif (�rrma��
Signed �.G��J--u-=
Title Y! t1,41" 1
CQV:;D TO Ol
City Attorney
HIRSCH AND ASSOCIATES, INC.
City Oerk
CONSULTING SERVICES AGREEMENT
THIS AGREEMENT is made as of March 5. 2002 and between the City of Diamond Bar, a municipal
corporation ("City") and Hirsch and Associates. ("Consultant").
RECITALS
A. Consultant was selected through a competitive bidding process in compliance with all legal
requirements to perform certain tasks in connection, with the design of ADA improvements to
Sycamore Canyon Park, pursuant to its proposal dated August 10, 1999.
B. Consultant completed Phase I tasks (one through five of proposal), in the amount of $25,000 for
the period of January 4, 2000 through December 31, 2000.
C. City desires to continue utilizing the services of Consultant to complete Phase 11 tasks
(six through eighteen plus bid alternates one, two, four, six, seven and ten of proposal),
for the period of March 5, 2002 through December 31, 2004 in the amount of $50,000
as an independent contractor to provide consulting services to City.
D. Consultant represents that it is fully qualified to perform such consulting services by
virtue of its experience and the training, education and expertise of its principals and
employees.
E. Since this is a Federally assisted construction project, Davis -Bacon will be enforced, and
if the State and Federal wage rates are applicable, then the higher of the two will be used.
The Federal Labor Standards provisions (form HUD -4010), HUD's Section 3
requirements Federal Minority Business Enterprise / Women's Business Enterprise
(MBE/WBE) requirements and the Federal Wage Determination are attached and made
part of this agreement, and compliance will be enforced. Any prime contractor or
subcontractor working on a Federally assisted project must be eligible to participate.
Any agreement must contain the same Federal language.
NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein
contained, the parties hereto agree as follows:
Consultant's Services.
A. Scope of Services. The nature and scope of the specific services to be performed by
Consultant are as described in Exhibit "B" the Consultant's Response, dated August 10. 1999, to the City's
Request for Proposals.
B. Level of Services/Time of Performance. The level of and time of the specific services
to be performed by Consultant are as set forth in Exhibit "B."
2. Term of Agreement. This Contract shall be in effect beginning March 5. 2002, and shall
continue until December 31, 2004 unless earlier terminated pursuant to the provisions herein.
3. Compensation. City agrees to compensate Consultant for each service which Consultant
performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B." Payment will be
made only after submission of proper invoices in the form specified by City. Total payment to Consultant
pursuant to this Agreement shall not exceed $50.000.
4. General Terms and Conditions. In the event of any inconsistency between the provisions
of this Agreement and Consultant's proposal, the provisions of this Agreement shall control.
5. Addresses
City: City of Diamond Bar Consultant: Hirsch and Associates
Linda C. Lowry, City Manager Pat Hirsch
21825 East Copley Drive 2221 E. Winston Rd., Suite A
Diamond Bar, CA 917654178 Anaheim, CA 92806
6. Status as Independent Consultant.
A. Consultant is, and shall at all times remain as to City, a wholly independent
contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or
otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the
conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant
shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner
agents or employees of City.
i3. Consultant agrees to pay all required taxes on amounts raid to Consultant tinder this
Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and
interest asserted against City by reason of the independent contractor relationship created by this Agreement.
In the event that City is audited by any Federal or State agency regarding the independent contractor status
of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor
relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including
accounting and attorney's fees, arising out of such audit and any appeals relating thereto.
C. Consultant shall fully comply with the workers' compensation law regarding
Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from
any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to
offset against the amount of any fees due to Consultant under this Agreement any amount due to City from
Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification
arising under this Section 6.
7. Standard of Performance. Consultant shall perform all work at the standard of care and
skill ordinarily exercised by member's of the profession under similar conditions.
8. Indemnification. Consultant agrees to indemnify the City, its officers, agents, volunteers,
employees, and attorneys against, and will hold and save them and each of them harmless from, and all actions,
claims, damages to persons or property, penalties, obligations, or liabilities that may be asserted or claimed by
any person, firm, entity, corporation, political subdivision or other organization arising out of the acts, errors
or omissions of Consultant, its agents, employees, subcontractors, or invitees, including each person or entity
responsible for the provision of services hereunder.
In the event there is more than one person or entity named in the Agreement as a Consultant, then all
obligations, liabilities, covenants and conditions under this Section 8 shall be joint and several.
9. Insurance. Consultant shall at all times during the term of this Agreement carry, maintain,
and keep in full force and effect, with an insurance company admitted to do business in California and
approved by the City (1) a policy or policies of broad -form comprehensive general liability insurance with
minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage
as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent
contractors in performance of services under this Agreement; (2) property damage insurance with a minimum
limit of $500,000.00; (3) automotive liability insurance, with minimum combined single limits coverage of
$500,000.00; (4) professional liability insurance (errors and omissions) to cover or partially cover damages
that may be the result of errors, omissions, or negligent acts of Consultant, in an amount of not less than
$1,000,000 per occurrence; and (5) worker's compensation insurance with a minimum limit of $500,000.00
or the amount required by law, whichever is greater. City, its officers, employees, attorneys, and volunteers
shall be named as additional insureds on the policy(ies) as to comprehensive general liability, property damage,
and automotive liability. The policy(ies) as to comprehensive general liability, property damage, and
automobile liability shall provide that they are primary, and that any insurance maintained by the City shall
be excess insurance only.
A. All insurance policies shall provide that the insurance coverage shall not be non -renewed,
canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by
the insurance carrier without the insurance carrier giving City thirty (30) day's prior written notice thereof.
Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage.
B. All policies of insurance shall cover the obligations of Consultant pursuant to the terms of this
Agreement; shall be issued by an insurance company which is admitted to do business in the State of California
or which is approved in writing by the City; and shall be placed with a current A.M. Best's rating of no less
that A VII.
C. Consultant shall submit to City (1) insurance certificates indicating compliance with the
minimum worker's compensation insurance requirements above, and (2) insurance policy endorsements
indicating compliance with all other minimum insurance requirements above, not less that one (1) day prior
to beginning of performance under this Agreement. Endorsements shall be executed on City's appropriate
standard forms entitled "Additional Insured Endorsement", or a substantially similar form which the City has
agreed in writing to accept.
10. Confidentiality. Consultant in the course of its duties may have access to confidential data
of City, private individuals, or employees of the City. Consultant covenants that all data, documents,
discussion, or other information developed or received by Consultant or provided for performance of this
Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by
City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City
upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination
of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary
nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior
written consent, use the same for other unrelated projects.
11. Ownership of Materials. All materials provided by Consultant in the performance of this
Agreement shall be and remain the property of City without restriction or limitation upon its use or
dissemination by City.
12. Conflict of Interest.
A. Consultant covenants that it presently has no interest and shall not acquire any
interest, director or indirect, which may be affected by the services to be performed by Consultant under this
Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant
further covenants that, in performance of this Agreement, no person having any such interest shall be employed
by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any
manner with the performance of its.services pursuant to this Agreement.
B. Consultant covenants not to give or receive any compensation, monetary or otherwise,
to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this
Agreement. Consultant's covenant under this section shall survive the termination of this Agreement.
13. Termination. Either party may terminate this Agreement with or without cause upon fifteen
(15) days' written notice to the other party. However, Consultant shall not terminate this Agreement during
the provision of services on a particular project. The effective date of termination shall be upon the date
specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day
following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services
satisfactorily rendered prior to the effective date of termination. hnmediately upon receiving written notice
of termination, Consultant shall discontinue performing services.
14. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel
required to perform the services under this Agreement. All of the services required under this Agreement will
be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified
to perform such services. Consultant reserves the right to determine the assignment of its own employees to
the performance of Consultant's services under this Agreement, but City reserves the right, for good cause,
to require Consultant to exclude any employee from performing services on City's premises.
15. Non -Discrimination and Equal Employment Opportunity.
A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status,
national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the
performance of its services and duties pursuant to this Agreement, and will comply with all rules and
regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following:
employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship.
B. Consultant will, in all solicitations or advertisements for employees placed by or on
behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will
receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national
origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.
C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for
any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw
materials.
16. Assignment. Consultant shall not assignor transfer any interest in this Agreement nor the
performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any
attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall
be void and of no effect.
17. Performance Evaluation. For any contract in effect for twelve months or longer, a written
annual administrative performance evaluation shall be required within ninety (90) days of the first anniversary
of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The
work product required by this Agreement shall be utilized as the basis for review, and any comments or
complaints received by City during the review period, either orally or in writing, shall be considered. City shall
meet with Consultant prior to preparing the written report. if any noncompliance with the Agreement is found,
City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement
as provided herein.
18. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes
and regulations of the federal, state, and local governments.
19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more
of the conditions of performance under this Agreement shall not be a waiver of any other condition of
performance under this Agreement. In no event shall the making by City of any payment to Consultant
constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist
on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any
right or remedy available to City with regard to such breach or default.
20. Attorney's Fees. In the event that either party to this Agreement shall commence any legal
or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party
in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees
and costs, including costs of expert witnesses and consultants.
21. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed
received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before
or during regular business hours; or (b) on the third business day following deposit in the United States mail,
postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties
may, from time to time, designate in writing pursuant to the provisions of this section.
22. Governing Law. This Contract shall be interpreted, construed and enforced in accordance
with the laws of the State of California.
23. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall be deemed to be the original, and all of which together shall constitute one and the same
instrument.
24. Entire Agreement. This Agreement, and any other documents incorporated herein by
specific reference, represent the entire and integrated agreement between Consultant and City. This Agreement
supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be
amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly
refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the City Manager
or the Mayor and attested by the City Clerk.
25. Exhibits. All exhibits referred to in this Agreement are incorporated herein by this reference.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first
written above.
"City"
ATTEST:
Lynda Burgess
City Clerk
KATMAI
w.r
Its: %Vn7 - .
CITY OF DIAMOND BAR.
Wen Chang
Mayor
Agenda # 6.6
Meeting Date: 11115105
CITY COUNCIL ry M 129 AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manage ow
TITLE: EXTENSION OF AGREEMENT WITH TENNIS ANYONE FOR THE PERIOD OF
JULY 1, 2004 THROUGH JUNE 30, 2006 IN THE ANNUAL AMOUNT NOT
TO EXCEED $50,000, FOR A TOTAL AUTHORIZATION OF $100,000
RECOMMENDATION: Approve the contract extension and increase.
FINANCIAL IMPACT: Funds to pay for this contract come from revenue collected from participants
who take tennis instruction classes in the City's Recreation Program. Total estimated revenue for the
2005/2006 Fiscal Year from tennis instruction is $75,000. From this amount, $50,000 is paid to the
contractor and $25,000 is retained by the City.
BACKGROUND: The City Council awarded a contract to Tennis Anyone on July 1, 2002 for an
amount not to exceed $45,000 annually. Section 2 of the contract allows the City Council to extend
the contract on an annual basis if doing so is deemed to be in the best interest of the City. The
contract was previously extended for the period of July 1, 2003 through June 30, 2004. Staff is
seeking ratification for $50,000 in funds paid to the contractor during the period of July 1, 2004 and
June 30, 2005 and approval to pay the instructor up to $50,000 during the period of July 1, 2005
through June 30, 2006.
DISCUSSION: Since the original contract was awarded, participation in the City's tennis classes has
increased. Therefore, an increase in the contract amount from $45,000 annually to $50,000 annually
is necessary to cover the higher costs due to the increased participation. City Recreation staff
estimates a total of 800 participants will take lessons from Tennis Anyone during the 2005/2006
Fiscal Year. Tennis Anyone has consistently provided quality tennis instruction to the residents of
Diamond Bar during the term of this contract.
ATTACHMENT: Amendment #2 to Tennis Instruction Service Agreement
PREPARED BY: Christy Murphey
Recreation Specialist
Services Director
AMENDMENT #2 TO TENNIS INSTRUCTION SERVICE AGREEMENT
THIS AMENDMENT #2 TO TENNIS INSTRUCTION SERVICE AGREEMENT is made this 15th day of
November, 2005 by and between the CITY OF DIAMOND BAR, a municipal corporation of the State of
California ("CITY") and TENNIS ANYONE (CONTRACTOR).
Recitals:
a. CONTRACTOR entered into a 12 month AGREEMENT with CITY effective JULY 1, 2002
("the AGREEMENT") for recreational tennis instruction.
Parties agreed to Amendment #1 extending the term from July 1, 2003 through June 30, 2004.
C. Parties desire to amend the AGREEMENT to extend the term for an additional 24 months and to
increase the total payment amount to the Contractor in an amount not to exceed $50,000
annually.
Now, therefore, the parties agree to amend the AGREEMENT as follows:
Section 1 — Term of the AGREEMENT provided in Section 2 is revised to extend the AGREEMENT
from July 1, 2004 through June 30, 2006.
Section 2 — Compensation to the Contractor in Section 3 is revised to increase contract to an amount not
to exceed $50,000 annually.
Except as provided above, the AGREEMENT is in all other respects in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT #2 TO AGREEMENT on the
date and year first written above.
ATTEST:
CITY OF DIAMOND BAR TENNIS ANYONE
A Municipal Corporation Contractor
Of the State of California
Signed
Wen Chang
Mayor
APPROVED TO FORM
City Attorney
Signed
Title
City Clerk
40
D c'(Z' G P-oos—
Agenda #
CITY COUNCIL
'o-r�9Sg `
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manage
Meeting Date: November 15, 2005
AGENDA REPORT
TITLE: CONSIDERATION OF ZONO. 2004-01, CONDITIONAL USE PERMIT
NO. 2004-01, DEVELOPMENT REVIEW NO. 2004-19 AND VARIANCE NO. 2004-02
FOR COUNTRY HILLS TOWNE CENTER: A ZONE CHANGE FROM
NEIGHBORHOOD COMMERCIAL (C-1) TO COMMUNITY COMMERCIAL (C-2)
DISTRICT CONSISTENT WITH THE GENERAL PLAN COMMERCIAL DESIGNATION;
A CONDITIONAL USE PERMIT AND A DEVELOPMENT REVIEW FOR THE
RENOVATION OF THE FACADE OF THE EXISTING SHOPPING CENTER TOTALING
221,083 SQUARE FEET; AND A VARIANCE TO INCREASE THE BUILDING HEIGHT
FOR THE TOWER FROM 35 FEET TO 49 FEET, THE TWO-STORY BUILDING FROM
35 FEET TO 40 FEET AND THE THREE-STORY BUILDING FROM 35 FEET TO
54 FEET.
RECOMMENDATION:
Open and continue the public hearing to December 6, 2005.
BACKGROUND:
The proposed project was brought before the Planning Commission on October 25, 2005. The
Commission continued the public hearing to November 8, 2005, to allow the applicant and staff time to
refine the conditions of approval and to address the concerns raised by the Commission. On
November 8, the Planning Commission recommended approval of the project to the City Council.
However, during their discussion, the Commission urged the applicant to work closely with, and provide
assistance to, the existing tenants in retaining their occupancy. The Commission also requested that
the applicant work with staff to provide additional landscaping, pedestrian connections and amenities to
the shopping center. They were also concerned that the percentage of square footage for restaurants
may be too high. Also, they were concerned that the developer has not provided the name of the
anchor tenant nor has he provided information about the types of tenants being considered.
The project was advertised as a public hearing for the City Council meeting on November 15, 2005,
with the assumption that the Planning Commission would recommend approval to City Council at its
October 25 meeting. Therefore, with the consent of the applicant, staff requests that the City Council
continue the public hearing to December 6, 2005, to allow staff time to prepare the City Council reports.
Prepared By: Nancy Fong, AICP Reviewed By: Davies' Uoyle
Interim Community Development Director Assistant City Manager
Agenda # 8.1
Meeting Date: November 14-2005
CITY COUNCIL " , AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: Linda C. Lowry, City Manager V
TITLE: Adopt Resolution No. 2005 -XX: Delegating to the City Manager or her
designee the Duties of Making a Finding of Public Convenience and
Necessity to Warrant the Issuance of an Liquor License
RECOMMENDATION:
Adopt the attached resolution authorizing the City Manager or the City Manager's designee to
determine if the public convenience and necessity would be served by issuing a liquor license
to a particular business.
BACKGROUND
The Department of Alcohol Beverage Control (ABC), a State agency, regulates the
distribution of liquor licenses in California. It sets limits on the number and type of liquor
licenses that may be issued in each community. The number of liquor licenses that may be
issued for a particular area within a community is based on a predefined acceptable ratio of
the number of liquor licenses compared to the population of the surrounding area adjacent to
the business. If the ratio of liquor licenses to population exceeds the ABC standards in a
certain part of town or if the proposed license is for a business located in an area that has
20% more crime than other areas of the City, the area is determined to have an "undue
concentration" of liquor licenses and is denied by the ABC.
In 1994 a procedure was established that would allow the ABC to issue a license in an area
with an "undue concentration" of liquor licenses. The procedure requires a local governing
body (City Council) to make a finding that the "public convenience and necessity" would be
served by issuing a liquor license to a particular business and to provide that determination in
writing to the ABC. The local governing body (City Council) may delegate the duties of public
convenience and necessity determination to staff.
DISCUSSION
Recently, staff received a request from the Department of Alcohol Beverage Control (ABC) to
make a finding as to whether or not the public convenience and necessity would be served by
issuing a liquor license to Gourmet Essentials, a business in the Diamond Bar Village. The
business wanted to include wine bottles in pre -wrapped gift baskets. The City had never
received such a request from the ABC in the past due to the low concentration of liquor
licenses in the City. In this particular example, the Diamond Bar Village has other businesses
that have liquor licenses and the immediate area surrounding the business has a low census
tract population. This combination resulted in the ABC determining that there was an "undue
concentration" of liquor license in this area.
Since the City had never received a request in the past, City staff did not have a process to
make such a finding and authorized the ABC to make the determination. The ABC ultimately
approved Gourmet Essentials' request for a liquor license. Subsequently staff developed a
process that would allow the City Manager to review these requests and make the
appropriate finding. This process includes a review of the public safety issues associated
with the subject location, inspection of the business by Sheriff Department personnel, and the
location of the business relative to other types of uses. Through this review process, staff
can effectively evaluate any request to determine if the public convenience and necessity
would be served by issuing a liquor license to a particular business. By authorizing staff to
perform this review and make the appropriate finding, the City can continue to provide
efficient service to the City's business community.
ALTERNATIVES
City staff recommends this function be delegated to the City Manager or the City Manager's
designee, most likely the Community Development Director. However, the City Council may
want to retain control over this aspect of the ABC review process. Since the City receives
very few requests to make the finding of public convenience and necessity, it would not
create a burden to bring the requests forward to the City Council for consideration. While
there may be some delay since the item would have to be scheduled on a City Council
agenda, it would only delay the matter for about two weeks.
If the Council desires to retain this authority, it should NOT approve the attached resolution
and direct staff to present to the City Council any future requests to find that the public
convenience and necessity would be served by issuing an alcohol license. There is no
resolution required for this action as State law grants the City Council this authority by statue.
Prepared By
Nancy Fong, AICP
Interim Community Development Director
2
Attachment
Resolution No. 2005 -XX
3
RESOLUTION 2005-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
DELEGATING TO THE CITY MANAGER OR HER DESIGNEE THE DUTIES
OF MAKING A FINDING OF PUBLIC CONVENIENCE AND NECESSITY TO
WARRANT THE ISSUANCE OF AN LIQUOR LICENSE
WHEREAS, the Department of Alcohol Beverage Control, a State agency, regulates
the distribution of liquor licenses in California; and
WHEREAS, Section 23958.4 of the Business and Professions Code defines "undue
concentration" of liquor license and establishes a procedure for the local agency to determine
if the public convenience and necessity will be served by the issuance of a license
notwithstanding a determination that there is an undue concentration of licenses; and
WHEREAS, Section 23958.4 allows the City Council to delegate the responsibility for
finding whether the public convenience and necessity would be served to the City Manager or
her designee; and
WHEREAS, the City has an appropriate review process in place to make such a
finding; and
WHEREAS, the delegation of the responsibility for making such a finding to staff will
be a service to the business community of Diamond Bar
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Diamond
Bar as follows:
Section 1. The City Manager or her designee is authorized to determine whether
public convenience and necessity would be served to warrant the issuance of an alcoholic
license from the California State Department of Alcohol Beverage Control as allowed by
Section 23958.4 of the California State Business and Professions Code.
Section 2. This Resolution shall take effect from and after the date of its passage
and adoption.
PASSED, APPROVED, AND ADOPTED this 15th day of November, 2005.
Wen Chang, Mayor
n
I, Linda C. Lowry, City Clerk of the City of Diamond Bar, California, do hereby certify that the
foregoing Resolution Number 2005- was duly and regularly passed, approved and
adopted by the City Council of the City of Diamond Bar, California, at its regular meeting held
on the 1 st day of November, 2005, by the following vote, to wit:
AYES: COUNCILMEMBERS:
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
Linda C. Lowry, City Clerk
City of Diamond Bar, California
5
TO:
FROM:
ADDRESS:
ORGANIZATION:
AGENDA #/SUBJECT:
CITY CLERK
DATE:
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I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
Signature
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
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ADDRESS:
ORGANIZATION:
AGENDA #/SUBJECT:
CITY CLERK
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VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO:
FROM:
ADDRESS:
ORGANIZATION:
AGENDA #/SUBJECT
CITY CLERK
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I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
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FROM:
ADDRESS:
ORGANIZATION:
AGENDA #/SUBJECT:
CITY CLERK
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DATE:
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I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
Signature
1) VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
TO: CITY CLERK
FROM: Avlda4ek 0'6V1Vte3Tz,� DATE:
ADDRESS: 23 -?Z5 P)OVA?,VZL ('10tSe-ekde- P, i! . PHONE: 00q) aoo -�,-f,9 I
ORGANIZATION:
AGENDA #/SUBJECT:
I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my
name and address as written above.
Signature