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HomeMy WebLinkAbout09/06/2005City Council Agenda Tuesday, September 6, 2005 5:30 p.m. — Closed Session — CC -8 5:45 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. Please refrain fi�otn smoking, eating or drinkhag in the Council Chambers. The City of Diamond Bar uses recycled paper and e wo uages you to do the same. DIAMOND BAR CITY COUNCIL MEETING RULES Welcome to the meeting of the Diamond Bar City Council. Meetings of the Diamond Bar City Council are open to the public and are cablecast live on Channel 3. You are invited to attend and participate. PUBLIC INPUT Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. In addition, members of the public may, during the Public Comment period, address the Council on any consent calendar item or any matter not on the agenda and within the Council's subject matter jurisdiction. Persons wishing to speak should submit a speaker slip to the City Clerk. Any material to be submitted to the City Council at the meeting should be submitted through the City Clerk. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other relevant consideration. Speakers may address the Council only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the City Council. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the Council chambers. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for regular City Council meetings are available 72 hours prior to the meeting and are posted in the City's regular potting locations, on DBTV Channel 3, and on the City's website at www.ci.diamond-bar.ca.us. A full agenda packet is available for review during the meeting, in the foyer just outside the Council chambers. The City Council may take action on any item listed on the agenda. ACCOMMODATIONS FOR THE DISABLED A cordless microphone is available for those persons with access the podium in order to make a public comment. available by providing the City Clerk three business days Please telephone (909) 839-7000 between 7:30 a.m. Thursday and 7:30 a.m. to 4:30 p.m. on Fridays. HELPFUL PHONE NUMBERS mobility impairments who cannot Sign language interpretation is notice in advance of a meeting. and 5:30 p.m. Monday through Copies of agendas, rules of the Council, CassetteNideo tapes of meetings: (909) 839-7010 Computer access to agendas: www.ci.diamond-bar.ca.us General information: (909) 839-7000 0 CITY OF DIAMOND BAR CITY COUNCIL AGENDA September 6, 2005 Next Resolution No. 2005-50 Next Ordinance No. 10(2005) CLOSED SESSION 5:30 p.m., Room CC -8 Public Comments on Closed Session Agenda ► Initiation of Litigation - Government Code Section 54956.9(c) 7 Cases STUDY SESSION: 5:45 p.m., Room CC -8 ► Election Consultant Discussion — Catherine Lew, Lew Edwards Group. Public Comments CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor INVOCATION: Ahmad H. Sakr, Ph.D. Islamic Education Center ROLL CALL: Council Members Herrera, Tanaka, Zirbes, Mayor Pro Tem O'Connor, Mayor Chang APPROVAL OF AGENDA: Mayor SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Presentation to D.B. Community Volunteer Patrol Members for hours of service: Margie Brouse, 5000 hrs.; Glen Plovanich, 5000 hrs; Jim Warren, 5000 hrs.; Steve Chi, 500 hrs., Art Coleman, 500 hrs.; and, Gilbert Yanow, 500 hrs. 1.2 Presentation of Certificates of Recognition to the Greater Los Angeles County Vector Control District Management Team (GLACVCD) for their many accomplishments and for being Nationally Recognized for its Successful Mobile Education Unit the "Bug Bus". SEPTEMBER 6, 2005 PAGE 2 1.3 Proclaiming the 40th Anniversary of the Southern California Association of Governments (SCAG). 1.4 Presentation of City Tile to James DeStefano, Asst. City Manager/Community Development for his years of service to the City. BUSINESS OF THE MONTH: 1.5 Presentation of City Tile to Richard Cleek, General Manager of Administaff, as Business of the Month, September, 2005. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the City Clerk (completion of this form is voluntary). There is a five-minute maximum time limit when addressing the City Council. 4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the City Council may briefly respond to public comments but no extended discussion and no action on such matters may take place. SCHEDULE OF FUTURE EVENTS: 5.1 TRAFFIC AND TRANSPORTATION COMMISSION MEETING—September 8, 2005 — 7:00 p.m., Hearing Board Room, AQMD/Government Center, 21865 Copley Dr. 5.2 PUBLIC SAFETY MEETING — September 12, 2005 —7:00 p.m. D.B./Walnut Sheriff Station, 21695 E. Valley Blvd., Walnut 5.3 PLANNING COMMISSION MEETING — September 13, 2005 — 7:00 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. 5.4 CITY COUNCIL MEETING — September 20, 2005 — 6:30 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. SEPTEMBER 6, 2005 PAGE 3 6. CONSENT CALENDAR: 6.1 City Council Minutes: 6.1.1 Special Study Session - July 26, 2005 - Approve as submitted. 6.1.2 Study Session — August 16, 2005 — Approve as submitted. 6.1.3 Regular Meeting — August 16, 2005 — Approve as submitted. 6.2 Planning Commission Minutes: 6.2.1 Regular Meeting of June 28, 2005 — Receive and File. 6.2.2 Regular Meeting of July 12, 2005 - Receive and File. 6.3 Parks and Recreation Commission Minutes — July 28, 2005 - Receive and file. 6.4 Ratification of Check Register — Dated August 12, 2005 through September 1, 2005 and totaling $1,218,528.92. 6.5 Approve Treasurer's Statement - month of July, 2005 and the Revised June 2005 Treasurer's Statement. Recommended Action: Review and approve. Requested by: Finance Division 6.6 Adopt Resolution No. 2005 -XX: Approving City Council "Standards of Operation and Code of Ethics" Amending Section C-9 of the "City of Diamond Bar Policies and Procedures" (1996) and Rescinding Diamond Bar City Council Resolution No. 2004-54. Recommended Action: Adopt. Requested by: City Manager 6.7 Approve Contract Amendment with Warren C. Siecke for Design Engineering Services for Traffic Signal Modifications for D.B. Blvd. at Shadow Canyon Dr., Diamond Bar Blvd. at Highland Valley Rd., and Golden Spgs. Dr. at Prospectors Rd. in the Amount of $15,000 and Authorize Contingency Amount of $1,500 for Change Orders to be Approved by the City Manager, for a Total Authorization Amount of $16,500. Recommended Action: Approve Amendment SEPTEMBER 6, 2005 PAGE 4 Requested by: Public Works Division 6.8 Adopt Resolution No. 2005 -XX: Rescinding Resolution No. 2005-42 and Amending the FY 2005-2006 Investment Policy. Recommended Action: Adopt. Requested by: Finance Division 6.9 Receive, Accept and File Proposition A Local Return Fund, Proposition C Local Return Fund and Transportation Development Act Audit Reports for the Fiscal Years ended June 30, 2004 and 2003. Recommended Action: Receive, Accept and File. Requested by: Finance Division 6.10 Approve the Re -Appropriation of $19,360 from Prop A (Transportation Funds) for Development of On -Line Transit Pass Software. Recommended Action: Re -appropriate Requested by: IT Division 6.11 Letter of Support for the Funding of the State Route 71 (SR -71) Ultimate Expansion Project from the 40% Regional Allocation of Proposition 42. Recommended Action: Approve. Requested by: City Manager 7. PUBLIC HEARINGS: None 8 COUNCIL CONSIDERATION: 8.1 Approve Appointment of Council Member Tanaka's Planning Commissioner, Traffic and Transportation Commissioner and Parks and Recreation Commissioner in Compliance with the D.B. Municipal Code. Recommended Action: Appoint and Confirm. Requested by: C/Tanaka 9. COUNCIL SUB -COMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: 10. ADJOURNMENT: Agenda No. 6.1.1 CITY OF DIAMOND BAR CITY COUNCIL SPECIAL STUDY SESSION DRAFT JULY 26, 2005 STUDY SESSION: Mayor Chang called the Study Session to order at 5:00 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Dr., Diamond Bar, CA. Present: Council Members Herrera, Tanaka, Zirbes, Mayor Pro Tem O'Connor and Mayor Chang. Also Present: Linda Lowry, City Manager; Michael Jenkins, City Attorney; David Doyle, Assistant City Manager; James DeStefano, Assistant City Manager; David Liu, Director of Public Works; Bob Rose, Community Services Director; Linda Magnuson, Finance Director and Tommye Cribbins, Executive Assistant. 10. Library Ballot Measure Discussion 00. Public Comments on Study Session Items LIBRARY BALLOT MEASURE DISCUSSION: ACM/Doyle reported that during the July 19 Study Session, Council indicated its interest in placing a ballot measure on the November ballot to fund construction of the Diamond Bar Library. It is estimated that the facility would cost about $13,500,000. Due to time constraints staff needs direction from Council tonight in order to develop a ballot measure, notice the public and bring the ballot measure to Council for approval no later than August 12, 2005. Before the Council, is the question of what amount the Council intends to contribute toward the construction of the facility - scenarios include: the City contributing $3 million with the City financing $10.5 million; the City contributing about half of the project cost and going out to bond for $7 million; and, the City contributing more and bonding $5 million. All scenarios are based on a 30 -year bond projection. ACM/Doyle stated that an additional consideration was the ongoing operating costs once the facility was constructed. Staff estimates that the new facility would realize about $400,000 additional cost over what the residents currently pay as a portion of their property tax contribution for a total of about $1.4 million operating cost. The $400,000 could be paid by the City or passed along to the community through an annual assessment for the life of the property. Tonight's discussion is whether the Council wants to place a hundred percent of the operating cost on the ballot or whether the Council would consider a 50 percent contribution of the estimated $400,000 additional operating costs. ACM/Doyle explained that the third portion of the discussion involved discussion of available financing options in conjunction with a November election. ACM/Doyle referred Council to the updated MuniFinancial options included in the packet. The first option asks the City to pay $5 million with the residents contributing the JULY 26, 2005 PAGE 2 CC STUDY SESSION difference of $8.5 million. The Community would pay $20.73 per parcel to debt service the bond. This scenario assumes that the Community would pay 100% of the ongoing increase in operating expenses for an additional $22.51 for a combined annual parcel measure of $43.24 for 30 years. At the conclusion of 30 years the assessment would drop down to the additional operating costs only. The operation costs would be put in place with a CPI escalator so that every year the assessment would increase according to the CPI index. Option 2 includes 100% of the ongoing additional operating costs and assumes a 50/50 partnership for construction costs. Another scenario finds the City paying about $6.5 million and the residents paying $7 million with the bond debt service for construction only amounting to $28.61 per parcel plus $22.51 for additional ongoing operating expenses. Option 3 proposes that the City pay $3 million with the residents bonding $10.5 million at a cost of $42.38 debt service on the bond issue with the $22.51 for a total of $64.89 per parcel on an annual basis. ACM/Doyle stated that staff's previous report provided 2002 survey information that indicated a bond measure would be more likely to pass with a lower assessment. A $30-40 range garnered a 60% approval from those residents who were surveyed with 100 percent of the additional costs paid by the City. Dropping the ongoing operating costs to a 50/50 split and bonding out $5 million for construction with the City contributing $8.5 million the per parcel rate for the debt service only is $20.73, and a parcel tax rate for the operations costs of $11.25 for a total of $31.98. Table II indicates a true 50/50 partnership with the City contributing one-half of the construction cost and ongoing increased operating costs and the residents contributing one-half of the construction cost and ongoing increased operating costs. This scenario results in a $28.61 assessment for construction and $11.25 for ongoing increased operating costs for a total annual 30 -year assessment of $39.86. Table III indicates the City's contribution of $3 million with a $10.5 million contribution from the residents through the ballot measure with a debt service amount of $42.38 per parcel on an annual basis with ongoing increased operating costs (50 percent) of $11.25 for a total 30 -year parcel measure of $53.63. Council discussion ensued. C/Herrera asked if the operating costs included the $1.2 million that the homeowners currently pay. ACM/Doyle responded that the residents are currently paying slightly more than $1 million toward the cost of operating the current library. The additional ongoing operating costs would include the addition two full time positions and several part time positions. MPT/O'Connor asked if some County libraries were subsidized beyond the amount of the property tax collected through tax assessments in certain cities. ACM/Doyle said absolutely and MPT/O'Connor asked why D.B. was not included in such a plan. ACM/Doyle said he believed the County told D.B. it did not have the money to run the library and that D.B. was asked to increase its assessment and responded JULY 26, 2005 PAGE 3 CC STUDY SESSION that it was paying its fair share and would not further tax the residents. In fact, certain communities pay more than they receive from the County. C/Zirbes asked the cost of service from the County as opposed to the City going on its own. ACM/Doyle responded that the numbers were very close. LSSI argued that the City would have much more local control were they to run the program rather than the County running the program. MPT/O'Connor wanted to know if senior citizens, disabled, eta. could be exempted from the parcel tax. CA/Jenkins explained that there are ways to include lifeline type exemptions. The City would determine the age, income eligibility, etc. The only problem is that the City does not have a lot of time to consider these issues. Another option would be to use the same criteria the utilities uses for its lifeline service by making reference to the program in the ordinance. The homeowner would submit documentation to qualify. M/Chang said he would prefer to have consideration based on low income rather than providing a blanket exemption for all seniors. C/Herrera asked if exemptions for certain groups would mean an increase in the contribution by other parcels. ACM/Doyle said he did not know how many people would qualify for exemption and did not know how quickly staff could obtain the information. CM/Lowry pointed out that the utilities would not necessarily have the information because there are more households than there are parcels in the City. M/Chang felt that based on the City's experience with Neighborhood Improvement the number of people who would qualify under low-income status would be minimal. C/Zirbes pointed out that the School District lost its bid for a bond assessment and voters claimed that exemptions were unfair. MPT/O'Connor asked the amount of the bond issue. C/Herrera remembered that it was about $60 per parcel. The issue failed with 61 percent of the approval vote because it needed a 67% percent majority to pass. MPT/O'Connor felt that people would vote favorably on educational matters. Because the Walnut School District was unsuccessful she would be concerned about whether the City would be able to pass the library bond assessment. JULY 26, 2005 PAGE 4 CC STUDY SESSION C/Zirbes felt that one of the downfalls of the Walnut School District plan was the inclusion of the exemption for seniors because some did not understand the exemption and others did not appreciate the exemption. If the library measure goes to a vote of the people the consideration should be focused on how the measure could be moved forward and what residents would argue "for" and "against." C/Tanaka said it would depend on the amount of the assessment. If the assessment were on the low end, $30 instead of $60 there should be no exemption. M/Chang said that if the City were to consider an exemption he would prefer that it be based on income rather than on age alone. Public Comments: Jerry Hamilton felt that the seniors were taxed beyond their means and said he would campaign against this measure as he did against the school measure proposal. Many seniors moved to D.B. in the 1960's and 70's and did not purchase homes for $600,000 plus. Seniors have some income but social security does not, provide an adequate income to pay for medical, increased taxes etc. and many seniors do not have the means to pay for additional tax assessments when utility bills are increasing and other costs are skyrocketing. The residents want a library, a pool, etc. but when the residents are asked to pay for these facilities he believed that many seniors would speak out and vote in opposition. Marsha Hawkins said she appreciated Jerry Hamilton's remarks and the fact that he stood up for the seniors. She would like to see the City Council attempt to address that issue and ask the seniors what would appeal to them about this project and proposed assessment. She would also like for the City to figure out a way to move this forward because this measure must embrace all demographics. She would especially like for the seniors to be targeted in consideration of a ballot measure to see what would make it attractive and move it along. She said she knows of seniors who are in favor of the ballot measure and will be campaigning for it because the new library would be beneficial to them and would increase their property values. Kathleen Newe agreed with Marsha Hawkins that the Council should take into consideration the residents of D.B. For example, certain scenarios such as $35.82 would be much more appealing to seniors and lower income residents. Because of the limited time in getting this measure on the ballot everyone needs to work together and present the most palatable measure possible. She said that in her opinion it would be a terrible thing for the measure to be placed on the ballot only to have it voted down. She believed that Hacienda Heights and Rowland Heights voted in favor of a special assessment for their library. Lydia Plunk asked the Council to consider that demographics information would not necessarily provide the kind of information needed to move this measure forward. When her husband was out of work for two years they would never have qualified as low- income. It is not just about pitting the young against the old. There are many lines on JULY 26, 2005 PAGE 5 CC STUDY SESSION the property tax bill and if each line were increased by $30 it would bear consideration. She asked the Council Members to consider all aspects of the issue and do what they felt was right to do. While it is great that property values increase when you are living in a house and have no intention of selling your property it matters little that property values are increasing if expenses exceed income. Ruth Low felt this was a golden opportunity for the community that had been discussed for years and that people had been requesting for several years. She challenged the residents and Council to say who would pay for a new library if not the residents? If the residents do not make it happen it will not happen and the chances of it ever happening will grow slimmer and dimmer over time. Mike Shay felt that people needed to be educated. He pointed out that unless the residents were willing to get behind the library issue, sports complex issue and the swimming pool issue they would not happen. The Council needs to decide what are the right things to do for the community and get behind the issue by educating the people for the good of the community because it would be impossible to attempt to please everyone on every issue. Other cities get behind these kinds of issues and so too can D.B. Jack Newe asked people to consider how much it hurt them financially to go out and rent one movie each month because that would be about the cost to each household per month and the benefit would include additional services to the youth and seniors. He asked residents and Council not to sell the community short because a new library would provide more benefits to the community than it would cost the residents. Wanda Tanaka said that last week the library had to turn away children who wanted to attend a special presentation because there was no room. Tony Torng felt that ACM/Doyle's point that a new library would now cost the City $13.5 million instead of $10 million estimated two years ago was a point worth considering and if D.B. did not move forward now it would not be able to catch up with inflation. A library is very important to the quality of life for children and for seniors. Mrs. Hamilton said that she did not believe the library had to be huge like the Diamond Bar Center that is rented out to cover the cost. A new library will not be rented out for anything else. The number of people that normally use a library is not 92 people per hour. Special events attract more people but it does not make up a quarter of a million people using the library. She agreed that the parking for the current facility was inadequate but felt that there were other solutions such as using the old Alpha Beta building that was located close to schools and much more accessible to the general public. The idea that seniors would walk up Grand Ave. to a library was in her opinion somewhat preposterous. She felt that since D.B. had just turned 16 it was acting like a teenager that wanted all of the bells and whistles. One small group wants a library and other groups want a pool and sports complex. The Walnut School issue was voted down because it was an additional tax burden. Adding facilities results in millions and millions of dollars of cost to the homeowners and once people vote "yes" there is no JULY 26, 2005 PAGE 6 CC STUDY SESSION end. Someone said that this was not a tax but a contribution to the community. It is not a contribution when the tax bill comes and individuals have to pay the bill. It is an assessment - it is a tax. She felt there were other avenues such as grant monies and foundation contributions and she was not opposed to having a new library if it could be financed without placing another debt on the homeowners. By the time the current library was built it would probably exceed $13.5 million in cost that would result in a larger assessment to each parcel. Kids have computers at home and at their schools. Kids do not visit the library to check out books as they did years ago. M/Chang closed public comments C/Herrera said she realized that some homeowners felt tapped out. If the City contributed $8.5 million the additional $5 million would come from the reserves that included reserves set aside for the pursuit of economic development. The point was made that when a new library actually gets built it could cost more and the City would therefore be asked to pay more. For the City to be able to afford its current debt it needs economic development money for leverage and incentive to attract new businesses to the community in order to generate additional tax revenue to the City. She felt that the Council could not, in good conscience, take money from economic development. The other money is being held in reserve in case the City wants to pay off the bond that it used to build the community center. A tragedy could befall the City that would require it to reduce its debt. Once the funds are gone, they are gone and there is much uncertainty about funding from the State. D.B. was fortunate this year because it received money it was not expecting. However, D.B. may not be so lucky next year and there may be other major business decisions that would require the City to dip into its reserves. Legislators are discussing redoing the State's financial system and taking away gasoline sales tax which is D.B.'s biggest revenue source - $800,000 per year. The speaker of the house wants to convert those taxes into other taxes. Because the future is so uncertain it seems imprudent to take any more than $3 million from the City's reserves. C/Zirbes felt that $3 million was a fair contribution amount that would not put the City at risk. The audience and residents have indicated they look to their Council Members to keep the City safe and exercise strong leadership. Keeping a strong hold on the purse strings of the City is important. The $13 million figure for construction is a guess because the City really does not know what it will take to construct the library. If the project costs $17 million the City would have to stand good for the additional cost difference. If the community wants a library, the residents should have a right to express their views. In reality the cost is $5.30 per month to the residents. There are a lot of line items on the tax bills the biggest of which is based upon the assessed value of the property. He felt it would be a mistake to pull that number down and put the City's future at risk for the sake of trying to pass a ballot initiative. He recommended that the Council adopt Table II 1. C/Tanaka said that over the years Council had done an excellent job of holding its reserves in check but felt that it was prudent to put the measure on the ballot at the lowest cost to the residents because it would be a good investment for the City and its JULY 26, 2005 PAGE 7 CC STUDY SESSION future. He felt the residents wanted the City to take a risk and not burden them with an additional tax assessment. MPT/O'Connor said she agreed that this matter needed to be placed on the ballot to allow the citizens an opportunity to voice their opinion. The cost of a new library will never be less than it is today and will likely be more than it is today. If the City had built the facility two years ago it might have saved $3.5 million. She said she agreed with C/Zirbes that because the cost of the Diamond Bar Center increased $1.5 million over the original estimate the library project should move forward now. The City's intent was always to place a library next to the Community Center and the citizens have a right to vote "Yes" or "No" on the issue. She said she had not personally gone into the community to ask residents how they felt about a new library and believed the only way to find out was to place the matter on the ballot. ACM/Doyle stated that based on the survey and given the short amount of time to place the measure on the ballot and promote it in the public arena, the possibility of moving from a 52 percent approval to a 66 percent approval was highly unlikely. M/Chang felt that the reason the City wanted to build a library was because the community was driven to make it happen, the same reason the City built the Community Center. He believed that no Council Member had an agenda to build a new library. For many years construction of a community center and library had been a top goal for the City and it had been a direction of the community and the Council to carry out the wishes of the residents. The City is 16 years and compared to other cities D.B. is a young City. The City is doing well financially because the Council Members and staff are conservative. The question is for what is the money being saved. Money is generally saved for matters of urgency and to improve the quality of life. The community center was built and now provides a great value to the residents and he believed the library would serve the community in the same manner. The City already spent $1.2 million on site improvements for the library. The City is working on improving its income resources because of the unpredictability of gas tax revenue and other budgetary concerns. He felt that the Council was moving forward to fulfill the people's goals. At the same time he understood residents' concerns about being taxed any further. He likes to think of this assessment as a "contribution" rather than a tax because the library belongs to all of the residents. Because the City was unsuccessful in its bid to obtain grant funds to build a new library Council it was time to put the matter to a vote of the people. MPT/O'Connor responded to a question about the survey that fifty-five percent of the people that were surveyed were 50 years of age or older. M/Chang continued stating that regardless of any proposed project there are always those in favor and those opposed. This facility is for all of the people and he asked the residents to please support the venture. He proposed that the Council approve the 50/50 scenario resulting in an assessment of about $40.00 per year ($3.50 per month) per parcel for 30 years. JULY 26, 2005 PAGE 8 CC STUDY SESSION C/Zirbes asked staff for an accounting of the revenue loss to the City on $8 million contribution. ACM/Doyle explained that the City's contribution would be $6.5 million and the actual "real dollar' loss of income to the City would be about $195,000 per year. With respect to the City's budget the ongoing operating expenses would add $200,000 to the budget. C/Zirbes asked how the City could afford to pay $200,000 for ongoing operating expenses when it would lose $200,000 in interest revenue? CM/Lowry explained that in theory the City would be whole by using more of its fund balance carryover for capital projects or reduce the annual capital projects by $200,000. C/Zirbes felt it was a "big apple to bite." M/Chang pointed out that by bringing Building and Safety in-house the City would save a minimum of $100,000 a year and he felt there was always other ways to render the City more efficient. The community needs to work on bringing in more economic development and stay optimistic about the future. A new library is a good investment for the community and the parcel assessment is not unreasonable under the 50/50 scenario. C/Zirbes said he would agree to a number between the $3 and $8 million for a City contribution of about $5 million. The community is paying the operating costs now and he would not like for the City to find itself not having the money available to keep the library doors open. The additional operating costs are less than $2 per month for the residents. M/Chang felt the City could save $200,000 in operating costs by running the facility. C/Zirbes said he did not know how the City could shave their overhead. M/Chang said the City could ask the County to shave their costs or take over the facility and shave the costs. C/Zirbes pointed out that the City adds items to its budget every year. To date, there have not been many projects to fill the economic development pipeline. With what the City is losing and what it knows is coming in the budget it will be less than it was two years ago. In order for him to be comfortable he would need assurance that the City could afford the $200,000 because a Sears Essentials was moving into the City for example. Or, that the City could afford to pay for the bond on its own because a large auto mall was moving into the City. Or, that the City just annexed property off of the SR 57 that was all commercial and the City would realize revenue from those projects. D.B. does not have those things today. The reality is that the City has money in the bank and debt obligations, a large family of staff and 60,000 plus people wanting the Council to be responsible with the reserve dollars. At the end of the day this is the citizens' money JULY 26, 2005 PAGE 9 CC STUDY SESSION and the Council needs to be prudent about how it moves forward to ensure that a new facility can afford to keep its doors open M/Chang felt this was a good project for the future of D.B. Everyone enjoys the Community Center and the neighborhood is complimented by the facility. The City has already spent $1.2 million and it can either sit on that expenditure or move on. And he would like to move on because the City has the money and a way to manage the money. Under his scenario the City would be giving the residents a very reasonable project. He felt that Sears Essential would come to D.B. and provide a great deal of revenue to the City. If not, another company that would provide revenue to the City would come to D.B. in its place. The City is in a better cycle than it was two years ago and it knows that the Country Hills Town Center will happen. By the time the library is constructed the City will be able to implement many economic development projects. Site D also offers potential for more income. The City's biggest risk is on the $200,000 additional ongoing operating costs. C/Zirbes pointed out that the City is also losing $200,000 on the lost operating revenue. He asked ACM/Doyle how quickly the new library would be constructed if the ballot issue were approved in November. ACM/Doyle responded that if the bond measure passed in November the bonds would probably not be issued until the bond market was more favorable. In the meantime design work and architects and engineering work could move forward and be completed in nine months or so. It would most likely be a year or longer until a contractor was hired and construction would probably commence 14 to 16 months after award of contract. C/Zirbes asked if the estimate of $13.5 million to complete construction considered the three-year timeline. ACM/Doyle responded that staff built a three-year escalator into the 35% increase and based the $13.5 million on the original estimate using those factors. M/Chang felt that the Friends of the Library would mount an effort to raise funds for construction of the library. C/Herrera pointed out that if the City were to run the library there would be an additional cost to hire and pay employees over and above the $200,000 additional operating expenses to the City. M/Chang said he believed that if the County or private sector could run the library for $1.4 million the City could run the facility for $1.2 million and save the additional $200,000 operating expenses. C/Zirbes said he felt it would be great for the community to have a new library. He knows that the kids use home computers but perhaps they do so because they do not have a facility that provides them 21St Century accessibility to information. He felt a new library would add a new dimension to the community. He also believed that $5 per JULY 26, 2005 PAGE 10 CC STUDY SESSION month as indicated in Table III offered an affordable scenario to members of the community. For him it boiled down to whether people believed that whether the cost was $3 or $5 a month it would not change their purpose. The people of the community have to believe as Council believes that a new library at the top of the hill is something they want and for them it would not matter whether it was $3 per month or $5 per month. It would, however, matter to them whether the City officials were trying to falsely dilute the $5 down to $3 and put other things at risk such as staff, capital improvement projects and economic development. He felt that Table III was the best scenario under the circumstances. He said he could remember a time when the County was in dire straights and the City gave money to the County to keep the library doors open with very limited hours and that he would not want the City to put itself in that position again without ensuring that the new library - the jewel of the San Gabriel Valley - could keep its doors open. M/Chang agreed that if the people want the library they should pay for it. The reason he recommended the 50/50 scenario was because he felt people would feel more comfortable to approve the project on that basis. He also felt it would be better for the project if people were not arguing about who would pay for it. In some cases people care about paying $5 more. In this case it amounts to $14 more per year per parcel. He would be pleased if the Council could reach a consensus and the residents would support the proposal by approving a reasonable assessment. C/Zirbes said that $14 was about a dollar a month and it would keep the City safe and keep the library doors open. C/Tanaka felt that $1 per month would make the difference between someone voting approval or disapproval. C/Zirbes disagreed. C/Tanaka felt that the term "tax" had a negative connotation. Bottom line was that it would be a "tax" and not a "contribution." Because the project was very important to the City and to the residents and youth it needed to be positive and it needed to move forward. His feeling was that he would like to have the residents taxed the lowest amount possible. However, 50/50 would be his compromise. With the excellent staff and their hard work and the Council practicing fiduciary responsibilities the City is very fiscally responsible. The opportunity presents itself now and it would be too expensive to build later on. There is an opportunity now to do something positive and if the Council Members are risk -takers and the leaders and the visionary body that can lead the City forward to the next level the Council needs to step up and support the project 100 percent. Once the Council reaches a consensus every Council Member needs to engage in an education program to inform the public. On almost every issue the public is not aware of what is happening in.the City unless the press reports it accurately and in this case the people would not otherwise know the benefits to the community. As an example, one of the projects that the press misrepresented in the paper was information that discussed 180 residential units being built above Target and now in addition to that JULY 26, 2005 PAGE 11 CC STUDY SESSION there would be another 180 units and that is the way that it was reported in the newspaper. C/Herrera said she did not believe that the residents expected the Council Members to take risks with their money and Council Members do not sit on the Council in order to make the public more comfortable about what dollar amount this body chooses. She emphasized that she believed the Council had a very strong fiscal responsibility to make certain that monies were set aside for the future solvency of the City and she would not take action to risk the City's coffers. She would not be able to support any other scenario than one in which the City contributes $3 million and the homeowners pay for the balance of the construction and the ongoing operation. C/Zirbes said he agreed with C/Herrera. When the City applied to the State for grant funds the Council agreed to give the project $2.5 million and that was what the Council told the community was the City's investment toward the new library. The application failed and the Council wants to continue to move forward to complete the project. Therefore, the City should offer up the initial seed money toward the project and ask the residents if they are willing to support the issue. Table III offers the best solution because the Council is assuming a $13.5 million project. When he served on the task force the body assumed a total project cost of $5.5 and now that figure is $13.5 million. There is no doubt the Council wants this matter on the ballot to give the public an opportunity to say it wants a library. And this is an affluent community and this City will have the showplace of libraries in the East San Gabriel Valley. When the discussion boils down to a difference of $1 per month per parcel the opposite side of the coin is the City's security and security that the library doors would remain open and the staffing levels would remain up. He reiterated that he favored Table III. MPT/O'Connor wondered whether the actual cost to build the library was lower than proposed would the assessment be set for the 30 -year period based on the assumption that the library would cost $13.5 million to build. Brian Jewett, Municipal Bond Attorney, explained that the parcel tax would be set at the maximum rate for the bond and if it was determined that less was required the levy could be reduced by Council ordinance. MPT/O'Connor said she was comfortable with Table III or Table II and would agree to Table III. C/Zirbes moved, C/Herrera seconded, to approve Table III M/Chang recessed the Study Session at 6:45 M/Chang reconvened the Study Session at 6:50 C/Tanaka said the project was important and he wanted to see it succeed and in his opinion, it would only succeed if the tax were kept at the lowest possible amount. M/Chang appreciated the motion and second because it showed that the Council was serious about moving forward to place the matter on the ballot and support the initiative. JULY 26, 2005 PAGE 12 CC STUDY SESSION He said he agreed with C/Tanaka and reiterated that he would prefer to keep the assessment around $40 and believed that anything over that would be unacceptable to the residents and especially the senior citizens. C/Zirbes asked M/Chang if he were willing to vote for Option II wherein the City would pay $3 million plus the overruns and 50/50 on the ongoing additional operating costs. M/Chang and C/Tanaka agreed. M/Chang asked C/Zirbes if he would consider dropping the assessment amount from $65 to $40 because he believed it would help the seniors support the program. C/Zirbes felt the best way to build the library was for the City to just build it but the City did not have the money to build it. The City saved and saved and decided to pay cash to build the community center. At the end of the day and at the 11th hour the Council decided it would leave the City in a bad cash position and wanted money for economic development so the City borrowed money to pay for the community center. So that money is really dedicated to economic development and the City should not be using economic development monies to build a library or city hall or anything else because that was not the purpose of the loan. The best way to build a library is to pay cash for it but the City is not in a position to do so. And, the City is not in the best cash position at this time. He believed that given the unknown variables that could occur and that the Council had to make a decision at this point in history and fix an exact amount that the Council would ask the residents to pay on a parcel tax without knowing what else would happen and what future budgets might look like $50 a year versus $60 a month......... M/Chang said he respected C/Zirbes' concerns from the standpoint of the financial condition of the City and he agreed with a solid fiscal approach. MPT/O'Connor said she was concerned about the City dropping its reserves down to $7 million. Option III and paying half of the additional ongoing operating costs would put the City at $3-5 million coming out of the City's reserves and she felt it was a much more comfortable position for the City. C/Zirbes revised his motion to approve Table III - $11 bond issue with the City to pay the remainder of the construction cost and split the additional ongoing operating costs 50/50 ($200,000 from the City annually and $200,000 plus escalation from the residents). C/Herrera seconded the revised motion. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Tanaka, Zirbes, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None JULY 26, 2005 PAGE 13 CC STUDY SESSION DISCUSSION OF AVAILABLE FINANCING OPTIONS IN CONJUNCTION WITH A NOVEMBER ELECTION: Chris Fisher, MuniFinancial, stated that in order to get the measure on the November ballot the Council would need to adopt an ordinance calling for an election and submit it to the registrar no later than August 12. Next the City would post a Notice of Special Election immediately following the submittal of the Ordinance to the registrar (88 days prior to the election date — August 18). Following that the arguments would be submitted to the City Clerk and to the Registrar (due 77 days prior to the election date — August 22 — argument for and argument against). MPT/O'Connor asked if this was the point at which the "in favor" arguments and "opposition" arguments were submitted? Chris Fisher responded affirmatively. MPT/O'Connor felt it would be prudent to ask teachers to submit "in favor" arguments. C/Herrera agreed and suggested that it should perhaps be a "teacher of the year." Chris Fisher stated that the impartial analysis by the City Attorney would be drafted and submitted to the City Clerk and Registrar 77 days prior to the election date (August 22). Rebuttals to the argument would need to be submitted to the City Clerk and Registrar by August 22. Between the end of September and mid October (September 29 and October 18) the sample ballots would be mailed to each registered voter eligible to vote on the D.B. Special Tax Measure. Polling places would be established and voters notified of the polling places 29 days prior to the election date (October 11). The election is held on November 8; within 28 days after election the Registrar would certify the results send an invoice to the City Clerk requesting payment for election services thirty days after the election date. MPT/O'Connor asked who could provide arguments against. ACM/Doyle said that staff would propose that it exercise its option whether to produce arguments for and against because there was no time left in the process for rebuttal arguments. MPT/O'Connor wanted to know how the Council would be certain the arguments against were factual. Chris Fisher said that if the County Registrar were alerted to gross inaccuracies there are mechanisms for the County to act accordingly. Merely disagreeing with the argument would not necessarily guarantee the Council an opportunity for rebuttal. CM/Lowry said that after learning the Council's intent this evening it would appear unnecessary to divide the ballot issue into two items between construction and ongoing costs and the ballot wording would inform the voter that the construction portion would sunset in 30 years with only the operating costs remaining. Due to the lack of time for JULY 26, 2005 PAGE 14 CC STUDY SESSION adequate education and campaigning staff was hoping the Council would discuss putting the election out to next year possibly in June rather than this November in order to improve the likelihood of success. Habib Isaac said that the City had the option to call a special election. MPT/O'Connor said the City recently called a special election that cost City $85,000. Mr. Isaac said that this matter involves a multi-million dollar bond issue and investing $85,000 to make a single -issue ballot. It gives the community an opportunity to investigate both sides thoroughly and it gives the "Friends of the Library" an opportunity to put a campaign together and focus the issue squarely on the library. MPT/O'Connor asked about the success of single -issue ballot measures Mr. Isaac said he did not have a crystal ball but felt that if the election were postponed more time would be available to pursue the issue in the form of education, campaign, discussion, and possibly re -surveying the residents (at an estimated cost of $10- 11,000). C/Zirbes felt it would lose on the June ballot because the State Library Grant Fund issue would be on the same ballot so in all likelihood the City would go to a March election that would probably be more expensive but essentially smarter because it would provide additional time for an educational campaign and the people who would vote in favor of the library would take the time to actually go out and vote for a library. MPT/O'Connor said the longer the matter was delayed the more expensive the construction would be. C/Zirbes said he could go either direction. He was merely trying to figure out how the issue would get the most support and have best opportunity for success. And, he felt staff would not have brought up the issue unless it was important. ACM/Doyle said that in the survey numbers, based on the amount of tax, the approval rate was at about 50 percent. He felt that by the time November rolled around the percentages of that number reaching 66 percent were slim. Experts in the field would advise that it would be difficult at best to increase the percentages to that limit within two to three months. A higher potential level of success would dictate that the matter be pushed out to provide time for the education campaign to be successful. C/Herrera allowed that whoever was running the pro -campaign would need time for fundraising before literature could be produced. There is a lot to do in a very short period of time. MPT/O'Connor argued that the City would be looking at an $80,000 election cost. JULY 26, 2005 PAGE 15 CC STUDY SESSION Chris Fisher said the next regular County election date after November would be April 11, 2006. MPT/O'Connor pointed out that there was a Council election in November and the City would save the cost by placing the matter on the November ballot. C/Herrera suggested it be placed on the November 2006 ballot. C/Tanaka said it was too far out. MPT/O'Connor said that by delaying another year the construction costs would increase an additional 20 percent. Mr. Isaac said that it was obvious to him that this Council was committed because there has been a lot of give and take. He felt that because this was such an important issue the City would be best served by going to the April 11 County election. MPT/O'Connor asked what kind of education the City could provide. Mr. Fisher said that once the issue was on the ballot individual Council Members could act in their own capacity to get behind the issue. The City could not act for or against the ballot measure and could not devote staff time toward campaigning for the ballot measure. Individual staff members could act on their own time to promote the issue however. MPT/O'Connor asked if the City could hold town forums? Mr. Fisher responded if it was prior to placing the matter on the ballot. Once the ordinance is passed the City can provide information and cannot actively promote or oppose the measure. Mr. Isaac explained that if Council decided to place the matter on the April 11 ballot for instance, Council would not have to pass an ordinance next Tuesday. MPT/O'Connor asked what it would cost the City to place the measure on the November ballot? CM/Lowry responded $60,000. Mr. Isaac said that it would be prudent to spend the extra $25,000 for a special election if the Council felt the measure would have a better chance of succeeding under those circumstances. CM/Lowry reported that according to the City's Contract City Clerk, when the normal November election is held in odd years and the City consolidates with the County three ballot measures are included in the cost. Therefore, if this were held during a regular November City Council election period the impact would be zero versus adding D.B's measure onto another election for $60,000 or holding a special election at a cost of $85,000. Since the City is 16 years old and has never had a tax measure on the ballot there would be an extra incentive not to fail and by giving the City the extra time to JULY 26, 2005 PAGE 16 CC STUDY SESSION educate the public there would be more chance for success. Of all of the taxes the residents are paying none were imposed by the City Council of D.B. she pointed out — not one dime. C/Tanaka felt that the benefit of this tax was that it would directly benefit the community. Mr. Isaac explained that a 10 -day public notice was required prior to Council adoption of a resolution. Therefore, it could not be approved at the regular August 2 meeting. MPT/O'Connor felt that April would work better for the ballot measure. Mr. Fisher said that the majority of ballot measures that pass usually pass when there is consensus among the Council, City staff and the residents who are pulling together and not rushing forward and have time to build community support and consensus. The measures that failed were rushed through the system and the cities had not hired PR consultants and had not done the extra work to get the community support upfront. PUBLIC COMMENTS: Jack Newe expressed his concern that the recent Special Election cost the City $85,000. He urged the Council to move forward to place the measure on the November ballot. Marsha Hawkins agreed with Mr. Newe. A Special Election costs the City and whereas the seniors were willing to consider the lower amount of money the Council has now presented the Friends of the Library with a double negative. The Friends are revved up to go with its fundraisers, their committee is forming and the Friends and the public have been working toward this goal for a long time. The Friends would be most handicapped by putting it off until April. She felt that if the Council Members were willing to push the issue it would provide the momentum needed to pass the measure in November. Jerry Hamilton believed that if there were other County and State ballot measures in November it would diminish the City's goal. Kathleen Newe said that although the Friends of the Library were prepared to move forward she recognized the wisdom of waiting until April. People are committed to moving forward. For instance, the Friends have a meeting scheduled for tomorrow night and she hoped that the City would put money behind an educational program if the matter were extended to April. The Friends will participate with fundraisers and outreach programs because the group is committed to doing whatever it needs to do. M/Chang closed Public Comments. MPT/O'Connor said she believed that every Council Member wanted the issue to pass and relying on the expertise of those who understand the business of ballot measures speeding it up to November would not necessarily give the City a favorable result. Since the Council is committed to getting the library built it needs to afford the ballot measure JULY 26, 2005 PAGE 17 CC STUDY SESSION the best possible opportunity for approval by the residents C/Zirbes felt it would also afford the Council an opportunity to become educated about firm numbers regarding potential approval percentages. C/Herrera agreed with MPT/O'Connor and the advise of the experts that the matter should be moved out to April 11. C/Tanaka said he was inclined to go with the November date because there was so much momentum over the years. Likewise, he had confidence that the residents with the help of the Friends of the Library would approve the measure. He also said he wanted to eliminate the negativity of another special election. MPT/O'Connor said that if this measure failed in November then what. For that reason it made sense to her that the Council, the Friends, staff and residents should do everything possible to ensure success and based on the advise of the experts delaying the ballot measure would give the City more time to properly educate the public. M/Chang felt that delaying the ballot by only five months would not diminish the momentum. The delay would provide more time to educate the citizens and bring the entire community together to move the issue forward. However, he felt that the $85,000 for a special election would be a problem for the community. C/Zirbes said that if the City waited 50 days and moved it to June it would be tied into a regular election for $60,000. M/Chang moved to place the measure on the April 11 or regular June election ballot and to place the item on the Council Goals & Objectives, provide money for town hall meetings and public education. ACM/Doyle responded to Marsha Hawkins that staff would be able to advise Council what was currently on the ballot for June by the August 2 City Council meeting. However, because the State ballot measure was slated for the June ballot it would be better to put the measure on the ballot in April. C/Zirbes said it was a special matter and felt a special election would be appropriate. ACM/Doyle pointed out that it would be a special election if it were held on any date other than this November or two years from this November. The difference is whether it is a standalone election or consolidated election with the County. CM/Lowry said that in her opinion by placing the item on the November ballot a candidate for Council would undoubtedly come forth with a campaign that included rhetoric about why residents should not vote in favor of a new "tax." And whether that individual won a Council seat would be somewhat irrelevant because they would have managed to have the opportunity to voice every negative aspect that any voter would consider about this ballot measure. And why would the Council want to do that with the JULY 26, 2005 PAGE 18 CC STUDY SESSION City's very first attempt at having the community endorse a community project. And why take a risk with the library and its success. MPT/O'Connor felt that whether the measure was put on November, April or June there would be a candidate that would use the "tax" as ammunition against the measure. C/Zirbes moved, C/Herrera seconded to direct staff to provide information regarding the feasibility of placing the tax measure on the March or April 2006 ballot and provide information regarding the City's potential for participating financially in the promotion of the measure as deemed appropriate. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS Herrera, Tanaka, Zirbes, MPT/O'Connor, M/Chang None None ADJOURNMENT: With no further business to come before the City Council, M/Chang adjourned the Study Session at 7:20 p.m. Linda C. Lowry, City Clerk The foregoing minutes are hereby approved this day of WEN CHANG, Mayor 101I1I.'1 CITY OF DIAMOND BAR CITY COUNCIL STUDY SESSION AUGUST 16, 2005 Agenda No. 6.1.2 STUDY SESSION: Mayor Chang called the Study Session to order at 5:04 p.m. in Room CC -8 of the South Coast Air Quality Management District/Government Center, 21865 Copley Dr., Diamond Bar, CA. Present: Council Members Herrera, Tanaka, Zirbes, Mayor Pro Tem O'Connor and Mayor Chang. Also Present: James DeStefano, Acting City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; Bob Rose, Community Services Director; Linda Magnuson, Finance Director; Nancy Fong, Planning Manager; Ryan Wright, Senior Administrative Assistant and Fred Alamolhoda, Senior Engineer. ► Library Ballot Measure Issues ► Cable TV Franchise Transfer Negotiation Discussion ► Public Comments on Study Session Items LIBRARY BALLOT MEASURE ISSUES: DCM/Doyle stated that MuniFinancial was present to talk about the financing mechanism. Originally, staff was focused on a parcel tax due to the timing of the November ballot measure. Since Council has determined not to place the measure on the November ballot the additional time allows for implementing a Communities Facility District as recommended by MuniFinancial, the City Attorney, Bond Counsel and the Bond Underwriter. In order to move forward and finalize the timeline staff must know the date of the election, whether to include or exclude the low-income exemption and when Council wants the resolution placed on the agenda for final action. Chris Fisher explained that a CFD was tailor made for a facility such as a library that offered a community -wide benefit. In addition, the Bond Underwriter prefers issuing bonds against a CFD and it gives MuniFinancial more flexibility and leeway in designing a tax structure that more fairly and equitably distributes the tax amongst the residents, businesses and multi -family properties. Ultimately, it would most likely result in a slightly lower rate on the single-family homes because the CFD would allow a more fairly proportioned amount of tax on multi -family and commercial properties. In addition, the CFD allows more flexibility for building in a low-income exemption. MuniFinancial believes the exemption should be keyed to income and not necessarily limited senior citizens. Mr. Fisher stated that three actions must come before Council prior to setting the election: 1) September 6 — adopt the Goals and Policies document regarding the use of the Mello -Roos Act; 2) September 20 — adopt a Resolution of Intention to Establish the CFD; 3) November 1 — Public Hearing for adoption of a Resolution of Formation and call AUGUST 16, 2005 PAGE 2 CC STUDY SESSION for an election with the election taking place 90 to 180 days from that date (March through July). Chris Fisher responded to C/Tanaka that he was correct in assuming that the CFD would apply to all properties in D.B. C/Zirbes said that this was a totally different concept from the citywide parcel tax that disproportionately taxed properties whereas the original concept was to tax properties equally. In addition, there was, in his opinion, a negative concept about a Mello -Roos tax. Mr. Fisher responded to C/Zirbes that the lead-in meetings could be pushed out to the first meeting following the November election with the intent meeting occurring 30 days later (2nd meeting in September). DCM/Doyle explained that the key dates were based on whether the Council wanted to take actionrip or to or after the November election. If Council decided to do nothing until after the November election the timeline would lead to an April election with the first meeting starting just after the November election. If Council wanted to put the matter on the June ballot no action would be necessary until after the November election. C/Zirbes felt that the Friends of the Library leaned more toward a June election than an April election. He also felt a June election would bring out more voters than an April election and that it was essential to obtain an analysis of who the voters would be (seniors?) and what might draw more voters out in June for a tax election. In addition, he would prefer not to have this matter confused with the City Council election and misrepresentations being thrown out to the public about the library and who supported it and who did not support the measure turning the election into a debate about taxes. He wanted to know more about the CFD concept because of the Mello -Roos statement when there is such an emphasis on "No Mello -Roos" when properties are advertised for sale. In his mind a special library parcel tax concept is more palatable to the residents than a Mello -Roos tax. Mr. Fisher agreed there was an historical stigma attached to Mello -Roos but felt it was markedly less than it had been in the past because Mello -Roos was so widely used in Southern California in areas of new and existing development to provide services to communities. Additionally, it was, he felt, a matter of educating the residents that Mello - Roos could only be used for its stated purpose and could not be imposed upon residents because they have a right to vote its approval. MPT/O'Connor asked if the tax would apply to new businesses and residences and Mr. Fisher responded "yes." MPT/O'Connor asked if this matter would be heard and considered through the City's Public Financing Authority or directly through the City. CA/Jenkins and DCM/Doyle said that it could be done either way. AUGUST 16, 2005 PAGE 3 CC STUDY SESSION CA/Jenkins said it would probably most simply be done through the City because there would not be a need for the same lease structure that had been included when the community center was built. ACM/Doyle explained that the Public Financing Authority was created specifically for the lease/lease back. ACM/Doyle explained to C/Herrera that a single-family parcel would have paid the same amount as a multi -family parcel under the parcel tax plan. Under the CDF the single- family property owner would pay their fair -share portion and the multi -family parcel would pay based on a per unit charge. The CDF is a more equitable method of distributing the cost and the assessment would be included on the homeowner's tax bill. C/Herrera said that in spite of the "Mello -Roos" stigma it seemed to her that a CDF would be a more equitable method of financing. Mr. Fisher responded to M/Chang that in his opinion the key to overcoming the "Mello - Roos" stigma would be to educate the public to the greatest extent possible. Homeowners will vote on this assessment and they cannot be charged above the designed maximum tax unless the voters approved a raise in the assessment. Previously homeowners feared that the tax rate could be raised and raised and raised again and people felt they were getting taxed over and over again with no accountability. The recent changes in the Mello -Roos laws increase accountability requiring a report to be provided to the City Council on an annual basis to show the amount of money collected, what the funds were used for, the status of the project, etc. to give residents a comfort level that the funds collected were being used in a manner originally contemplated. MPT/O'Connor asked if the City could set up a community oversight committee. How does MuniFinancial base the rate for commercial property? Mr. Fisher responded that his firm was working on that aspect of the assessment rate based on standard statistical information regarding number of employees generated per gross acre of commercial property of a certain class. C/Zirbes asked if in theory the CFD formula could result in dropping the parcel tax by a certain percentage and dollar amount based on the increased fair -share to commercial and multi -family thereby resulting in a positive selling strategy. Mr. Fisher responded that in theory that is how the CFD formula would work. However, there were no definitive numbers to support the theory at this time and MuniFinancial indicated that information would be available by the "intent" meeting if the proposed timeline were followed. C/Zirbes asked if the rate method would be based on a straight 1.8% or a maximum dollar amount. AUGUST 16, 2005 PAGE 4 CC STUDY SESSION Mr. Fisher responded that it would be "a maximum dollar amount." This is such a small tax that it would be based on a straight dollar amount. The City has to state the maximum effective tax rate for any situation within its goals and policies for any CFD going forward. PUBLIC COMMENTS: Clyde Hennessee took exception to the "small tax" statement because to him it was not, a small tax. He was unable to control the upward spiraling costs of goods and services but he could control the assessment because the library could be built without financially burdening the residents. He said he wanted the City run by fiscally responsible people, not heroes. Steve Smith, D.B. Chamber of Commerce, felt the property owner and not necessarily the business leasing the parcel should make a decision on what amount was assessed to his parcel because ultimately, the increased tax would be passed along to the business. DCM/Doyle explained to Mr. Smith that the assessment would be to the property owner. Mr. Smith said that theories do not always play out as intended and he would appreciate it if the Council would consult with the business community before proceeding. M/Chang closed the Public Comments. In response to Mr. Hennessee's comment regarding the building being built through a phased -in construction method ACM/Doyle said that in his opinion a phased -in approach would result in a much higher construction cost. ACM/DeStefano asked Council to determine whether the process would commence before or after the November election. MPT/O'Connor asked CA/Jenkins if this decision would pose a conflict for the Council Members up for election in November. CA/Jenkins responded "No." C/Zirbes recommended the Council shoot for a June election giving the City more time to be educated, allow the matter to be decided on its own merits and avoid a potential Council November election "Mudfest. " C/Tanaka agreed that the matter should be considered after the November election. C/Herrera said she too would favor a general election because it is an important issue and project for the City and should be done carefully and correctly allowing adequate time for proper consideration. AUGUST 16, 2005 PAGE 5 CC STUDY SESSION MPT/O'Connor agreed that it was very important for the City that this matter be moved forward carefully and correctly. Her only concern was that the June election would have a $600 million State Library Bond measure and wondered what chance of success D.B.'s $15 million bond measure would have if merged with the State's measure. Mr. Fisher said that his theory about whether a June election would be better would be based on intuition and his intuition was that the City would probably fare better in a standalone election. MPT/O'Connor asked if there would be a difference in cost to the City between the April and June elections. ACM/Doyle said there would be some additional costs for an April election. MPT/O'Connor said she would feel more comfortable if a political analyst would comment on the likely outcome and potential for success. CA/Jenkins reiterated that the critical decision tonight was whether to move forward before or after the November election because if Council chose to move forward after the November election the choice of April or June would remain a possibility and the Council would have time to obtain the advise of a political consultant relative to the very important issue posed by MPT/O'Connor. C/Zirbes felt it would be interesting for the political consultant to comment on similar situations in other cities. M/Chang felt that a standalone special election would be much better in order to avoid a potential conflict with the State's library bond issue. MPT/O'Connor asked if the City could do a mail -in election for the CFD. CA/Jenkins responded "not to his knowledge" because it was still a parcel tax. C/Zirbes felt that not enough people would participate in a standalone election and the measure would therefore fail. ACM/DeStefano reflected Council's discussion that the majority of the Council Members would favor making a decision after the November election, that the Council would like to hear from a political consultant regarding the merits of a standalone election in April/May versus joining the statewide election measures in June and that the majority of Council Members would favor a June election. MPT/O'Connor said she was not sure that the Council Members favored a June election. Council concurred to move forward with the decision-making process after the November election. Council concurred to schedule a study session prior to November 15, 2005 to receive input from a political consultant regarding a potential'election date. AUGUST 16, 2005 PAGE 6 CC STUDY SESSION Council concurred to schedule the first discussion regarding the CFD measure on November 15, 2005 during the regular City Council meeting. ACM/DeStefano received concurrence that the CFD financing method was the preferred method of financing. M/Chang reminded staff that Council wanted definitive information about the low-income exemption. CABLE TV FRANCHISE TRANSFER NEGOTIATION DISCUSSION: ACM/Doyle reported that during the City's franchise fee audit SAA/Wright discovered that franchise fees were not paid for some areas (91789 zip code area). John Risk, consultant was conducting a citywide audit to capture outstanding franchise fees prior to the transfer. Staff was seeking input from the Council about other areas of opportunity. One idea was to encourage the cable company to run lines out to commercial buildings for cable modem service. To Council's question about whether the City could negotiate for additional and improved services, ACM/Doyle explained that the City is the regulatory agency regulating the franchise transfer for the safety of the community by making certain that the company is viable and will provide good service. It is a matter of negotiating when asking the cable company to provide certain things and the City cannot demand or direct the company to do so. He said he was not certain if negotiations would be successful because the rumor is that the cable company is more likely to say no. Mr. Risk stated that this particular request for transfer was unusual because it resulted from a bankruptcy court proceeding and the buyers were two companies instead of one — Comcast and Time Warner. The City is being asked to approve two transfers, one between Adelphia and Comcast and a second exchange contract between Comcast and Time Warner. The ultimate transferee in this case is Time Warner. Time Warner serves many communities in southern California and northward into LA and the corporate office for Southern California is located in Costa Mesa with the operating office in Orange. Ultimately, the City's interest is whether this company in its final form will be financially, legally and technically qualified to operate the cable TV system. In addition, the City needs to be certain that Adelphia is in 100 percent compliance to the D.B. franchise agreement prior to the City Council providing consent to approve the transfer. There is a joint meeting with staff, Time Warner and Adelphia on Thursday, August 13 to discuss how some of the compliance issues could be remedied before staff brings a recommendation to Council. He cautioned Council that in accordance with federal law, if the City failed to act within the provisionary 120 days the franchise would automatically transfer and be approved the same as if the City had given its consent. Since the City does not want an automatic transfer it has options to deny the application on its face or deny without prejudice for cause. He recommended that the Council adopt a middle stance and grant the City Manager authority to deny without prejudice the application prior to the end of the 120 day period or, authorize the City Manager to reach mutual consent with Time Warner and Comcast for extension of the 120 day period. In either circumstance the City must take action before October 14. He referred AUGUST 16, 2005 PAGE 7 CC STUDY SESSION Council to a draft resolution that was reviewed by the City Attorney as to form and it was his recommendation that the City Council adopt the resolution authorizing the City Manager the aforementioned authority. He pointed out that the resolution does not grant the City Manager the authority to approve the consent of transfer because the ordinance grants that authority only to the City Council. In his experience, most companies agree to an extension of time because 120 days is an unrealistically short time period for most cities to take action and it is an unrealistically short period of time for the company to respond to questions generally posed by cities. Mr. Risk explained to MPT/O'Connor that generally the number of days granted in the extension of time is negotiated between the company and the City. He said he believed that because a full franchise fee audit is currently underway the timeliness of the response by Adelphia to the audit inquiries would drive the timeline on the extension. Adelphia could not undermine the City because the City has the authority to deny the transfer at any time. If the City were to deny the transfer Adelphia would not be given authority to transfer the franchise and Adelphia would have to maintain the franchise until such time as Adelphia provided recompense. CA/Jenkins pointed out that the Council would have to have solid findings in order to request a denial of the transfer and that staff and the consultant would advise the Council as to whether such findings could be made. There were no public comments offered on this item. C/Zirbes wanted to know if staff could request a local customer service number, a local customer service outlet, etc. Mr. Risk responded that the audit process would determine Time Warner's current customer call mechanism to determine how they would be expected to perform. ACM/Doyle responded to M/Chang that this was a two -fold process — the franchise transfer and the new franchise agreement that comes due in three years. ACM/Doyle assured Council that staff would do everything possible to obtain the best and most appropriate service. Due to the Federal regulations and de -regulation of the cable industry the City is limited in its ability to assume a stance. Therefore, it is in the best interest of the City to negotiate to the greatest extent possible in exchange for something the franchise company might want. ADJOURNMENT: With no further business to come before the City Council, M/Chang adjourned the Study Session at 6:25 p.m. Linda C. Lowry, City Clerk AUGUST 16, 2005 PAGE 8 CC STUDY SESSION The foregoing minutes are hereby approved this day of 2005. WEN CHANG, Mayor Agenda No. 6.1.3 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR AUGUST 16, 2005 STUDY SESSION: 5:04 p.m., Room CC -8 • Library Ballot Measure Issue • Cable TV Franchise Transfer Negotiation Discussion CALL TO ORDER: Mayor Chang called the Regular City Council meeting to order at 6:30 p.m. in The Government Center/SCAQMD Auditorium, 21865 Copley Dr., Diamond Bar, CA. Mayor Chang reported that tonight the City Council gave direction to staff regarding the Library Ballot Measure Issue. The next discussion regarding the ballot measure will be conducted during a September Council Study Session. The Council received information from the City's consultant regarding the transfer of the cable TV franchise from Adelphia to another cable company. There was no reportable action taken. M/Chang adjourned the Study Session at 6:25 p.m. PLEDGE OF ALLEGIANCE: Council Member Herrera led the Pledge of Allegiance. INVOCATION: Ian Diorio, Young Adult Pastor, Diamond Canyon Christian Church gave the Invocation. ROLL CALL: Council Members Herrera, Tanaka, Zirbes, Mayor Pro Tem O'Connor and Mayor Chang. Staff Present: James DeStefano, Acting City Manager; David Doyle, Assistant City Manager; Michael Jenkins, City Attorney; David Liu, Director of Public Works; Bob Rose, Community Services Director; and Linda Magnuson, Finance Director. APPROVAL OF AGENDA: Approved as proposed. 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Mayor Chang, Council Member Herrera, Council Member Zirbes, Council Member Tanaka and Mayor Pro Tem O'Connor presented Certificates of Recognition to members of the D.B. Girls Softball Team "The Diamonds" who qualified for a spot in the ASA State Tournament in Lancaster. 1.2 Introduction of New City Employees: PWD/Liu introduced Michelle Chan, Senior Administrative Assistant, and Scott Lloyd, Street Maintenance Worker II, new employees in the Public AUGUST 16, 2005 PAGE 2 CITY COUNCIL Works Division. CSD/Rose introduced new employees in the Community Services Division. Andee Tarazon, Community Services Coordinator — Special Events; Krista Berentis, Community Services Coordinator -Athletics; Alison Meyers, Recreation Specialist — Family and Neighborhood Services; Lorry Meyer, Community Services Coordinator — Senior Citizens; and Claude Bradley, Parks and Maintenance Inspector/Technician. 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered. 3. PUBLIC COMMENTS: Allen Wilson said he was very concerned about the addition of a parcel tax to pay for a new library that would result in a one bedroom condominium owner paying the same $53 as a single family homeowner living in "The Country Estates" He said he was also concerned that there was no sunset date. $42 is for building construction and $11 for ongoing additional inflationary operating costs. He felt the City should not be asking the taxpayers to pay a parcel tax and that reasonable people would consider a bond rather than a parcel tax because a bond would pay for the building and it would contain a sunset date provision. In his opinion a parcel tax would not fly. He recalled that the Walnut Valley School District attempted to pass a parcel tax that failed and wondered why the City believed it could happen in this instance. The City spent $65,000 for a June 7 special election and now intends to spend $85,000 on April 6. He failed to see where the Council was heading with this proposal and said he would use every power available to him as a private citizen of this community to defeat the measure. He recommended the Council send the proposal back to the task force for alternative ways of funding the library. Lydia Plunk thanked the Council and advertisers as well as the residents who have welcomed the publication into their homes and for supporting The Windmill. The community input has been phenomenal. The theme for the September issue is the U.S. Constitution in honor of the September 17 commemoration celebration. Clyde Hennessee said he was not intending to sound inflammatory toward any member of Council or staff or any resident of D.B. However, he believed there were other ways to build and finance the construction of a library such as building it in phases. He said he disagreed with a staff member who mentioned during tonight's Study Session that it would cost more to build the library in phases. He believed that if the construction was phased and let out to bid it would represent the total cost and that if the building were built with tax dollars it would cost twice as much to build. D.B. has never taxed its residents and one Council Member indicated in his election literature that upon being elected he would raise taxes. There has to be fiscal responsibility and he found no reason to put the City into debt for something that would look nice and provide more room for people to occupy. In addition, it would cost in excess of $1.5 million for ongoing operating costs ad infinitum so it means that the residents would actually pay the price of two libraries plus the $1.5 to $2 million per year for ongoing expenses. If the library were phased there would be no AUGUST 16, 2005 PAGE 3 CITY COUNCIL need to pay for a change notice in the amount of $15-25,000 between phases. He said that the City was, in fact paying for an advertising agency to convince the residents to vote for the tax assessment. 4. RESPONSE TO PUBLIC COMMENTS: M/Chang responded to Allen Wilson that apartment dwellers would pay less than residents living in single family homes. However, the issue had not yet been finalized and further discussion was contemplated. SCHEULE OF FUTURE EVENTS: 5.1 FREE BASEBALUSOFTBALL CLINIC — August 20, 2005 — Beginning at 12:30 p.m., Heritage Park, 2900 S. Brea Canyon Rd. 5.2 PLANNING COMMISSION MEETING - August 23, 2005 — 7:00 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. 5.3 PARKS AND RECREATION COMMISSION MEETING —August 25, 2005 - 7:00 p.m., Hearing Board Room, AQMD/Government Center, 21865 Copley Dr. 5.4 LABOR DAY HOLIDAY — September 5, 2005 — City Offices will be closed in observance of Labor Day. City Offices will reopen on Tuesday, September 6, 2005. 5.5 CITY COUNCIL MEETING — September 6, 2005 — 6:30 p.m., Auditorium, AQMD/Government Center, 21865 Copley Dr. 6. CONSENT CALENDAR: C/Zirbes moved, C/Herrera seconded to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Tanaka, Zirbes, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6.1 CITY COUNCIL MINUTES— Regular Meeting of August 2, 2005 —Approved as submitted. 6.2 RECEIVED AND FILED PARKS AND RECREATION COMMISSION MINUTES — Regular Meeting of June 23, 2005. 6.3 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION COMMISSION MINUTES — Regular Meeting of June 9, 2005. 6.4 RATIFIED CHECK REGISTERS dated July 1, 2005 and August 4 through August 11, 2005 totaling $744,158.30. AUGUST 16, 2005 PAGE 4 CITY COUNCIL 6.5 ACCEPTED WORK PERFORMED BY 4 -CON ENGINEERING, INC. FOR CONSTRUCTION OF PHASE II ADA AND OTHER IMPROVEMENTS AT SYCAMORE CANYON PARK; AND DIRECTED THE CITY CLERK TO FILE THE NOTICE OF COMPLETION AND RELEASE THE RETENTION THIRTY-FIVE DAYS AFTER THE RECORDATION DATE. 6.6 APPROVED A FIVE-YEAR CONTRACT EXTENSION OF STREET SWEEPING AND DEBRIS COMPOSTING SERVICES WITH R.F. DICKSON COMPANY, INC., WITH A 3.6% CPI RATE INCREASE FOR THE PER CURB MILE RATE EFFECTIVE OCTOBER 1, 2005. 6.7 ADOPTED RESOLUTION NO. 2005-49 ACCEPTING FOR PURPOSES OF REVIEW THE FCC FORM 394 SUBMITTED BY TIME WARNER CABLE, INC. RELATING TO A FRANCHISE TRANSFER AND AUTHORIZED THE CITY MANAGER TO DENY THE TRANSFER APPLICATION WITHOUT PREJUDICE AND AGREE TO EXTEND THE APPLICATION REVIEW PERIOD. PUBLIC HEARINGS: None COUNCIL CONSIDERATION: 8.1 APPROPRIATION OF $14,000 FROM GENERAL FUND RESERVES TO FUND IMPROVEMENTS AT THE DIAMOND BAR LIBRARY. ACM/Doyle stated that this item was a recommendation to appropriate $14,000 from the General Fund Reserves to pay for improvements in the short term at the existing D.B. Library recommended by the Library Task Force and approved by the City Council. Improvements include deleting the glass typing booths and replacing them with a new book display area; installing additional workstations and computers; developing a young adult area and improving some of the exterior look and feel by adding plants and concrete benches and tables. The County Library agreed that the County would contribute $25,000 toward the improvements and Supervisor Knabe agreed to pay $18,400 for the new computers leaving a balance remaining for improvements of $14,000. ACM/Doyle asked for Council direction on the timing of the improvements, if appropriate. The Library Task Force recommended that the improvements not begin until after the election for the bond measure at a time when the City was considering a November bond measure. There was no one present who wished to comment on this item. C/Zirbes stated that he and M/Chang chair the Library Task Force. As previously indicated the Council is currently discussing the possibility of a library tax in the form of a benefit assessment, CFD or parcel tax. The measure is not slated to be on the ballot for almost a year and there is no assurance that the ballot measure will pass. Therefore, this is an opportunity AUGUST 16, 2005 PAGE 5 CITY COUNCIL to update the current facility, procure additional computers that represent better technology for the kids, provide additional workable square footage with a better layout and a better youth area and procure about $60,000 worth of improvements from sources other than the City. These improvements should not change the outcome of an election because if $60,000 worth of improvements to the current facility means the City does not need a $13 million library, then D.B. does not need a $13 million library. These improvements should not have that much of an affect and he would like for the Council to move forward to work with the County and Supervisor Knabe to get the improvements in place now so that the kids and other individuals who use the library can enjoy an improved experience and begin to talk about what a positive thing a library is for the community and look at it in a positive light. C/Zirbes moved, M/Chang seconded to approve a $14,000 appropriation from General Fund Reserves to Fund Improvements at the Diamond Bar Library. M/Chang concurred with C/Zirbes that a new library has been the City's goal for many years and the Council is moving forward to make every effort to fulfill that goal. Whether or not the City builds the new library it is important to keep the existing facility in good condition for the students and the residents in general. Staff and Council have worked diligently to find the funds to build a new library to no avail and instead of depleting the City's General Fund reserves it seems prudent to put the matter to the residents to decide whether or not they truly wish to move forward to construct a new library. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Herrera, Tanaka, Zirbes, MPT/O'Connor, M/Chang NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 9. COUNCIL SUBCOMMITTEE REPORTS/COUNCIL MEMBER COMMENTS: MPT/O'Connor asked that tonight's meeting be adjourned in memory of Katy Rzonca, Mayor of Walnut, who passed away last Saturday from pancreatic cancer. She said it was her understanding that Lewis, LLC had a new CFD proposal and although the previous CFD proposal was unanimously rejected by the City Council she would like to extend the courtesy to Lewis to have the Council receive the details of the new proposal during a study session and agendize it as appropriate if the Council would agree. MPT/O'Connor left the meeting to accompany her daughter to the airport. C/Zirbes said he too wished to adjourn tonight's meeting in honor of Katy Rzonca who served her community well. C/Zirbes reflected on a telephone call he received from Clyde Hennessee who said that it looked like C/Zirbes could use a good steak. AUGUST 16, 2005 PAGE 6 CITY COUNCIL He thanked Clyde and said he understood Mr. Hennessee's concern about his recent weight loss. That got C/Zirbes to thinking about a statement made to him by a colleague that when you hold public office there is very little room between your public and your private life. C/Zirbes said he wished to have his story in the open and imparted to the Council and the residents that this past January he was diagnosed with cancer from an unknown primary source. He immediately began chemotherapy at the City of Hope, a tough regimen that he tolerated well. Since January he and his wife Jolene have continued to press for answers to find the primary source of his cancer, a search that has led them all over the country speaking with many different doctors and pursuing different ideas. What is frustrating for him and at the same time a relief is that a special surgeon at the City of Hope was able to locate the primary source of the tumor. Next Wednesday he will undergo surgery at the City of Hope to remove the primary tumor and begin a course of more targeted therapy. He wanted everyone to know that he expects a full recovery and expects to finish this and his next term with the City Council. Because he will miss the next two City Council meetings he wanted to get the circumstances of his absence in the public eye to avoid rumors. Many friends and family encouraged him to go on with his fight and he quoted from a letter sent to him by one of his friends. "I'm going to ask that you learn from Lance Armstrong. Take the battle public — it's time. Take away the power of any whispering campaign. Name the enemy publicly so the community can fight the cancer with you and the community will also be able to give not just you but Jolene and your kids the love and support they deserve" C/Zirbes said he had served D.B. in many capacities over the last 18 years and all of those years he has enjoyed as much as this year. C/Zirbes said "Goodnight and I'll see you soon." C/Zirbes then left the dias. C/Tanaka said he too had an opportunity to attend all of the Library Task Force meetings and agreed that the City needed to move forward and try to improve the current library until a decision was made regarding a new library and he would like to see the improvements started immediately. On Wednesday August 3 he attended the Concerts in the Park. On Thursday August 4 he attended the League of California Cities, LA County Division installation at Ports -O -Call in San Pedro and witnessed the installation of Sandy Seamans from Rolling Hills Estates as President. On Tuesday August 9 he attended the D.B. Chamber of Commerce mixer held at the Royal Vista Golf Course. On August 9 he attended the Neighborhood Watch meeting on Sunset Crossing Road. On August 10 he received a legislative update by Congresswoman Grace Napolitano hosted by the Metropolitan Water District and the Tri Valley Water District. On Wednesday August 10 he attended the last of the Concerts in the Park series. Today he attended the backpack distribution by the Diamond Bar Community Foundation and the City of D.B. for the 80 plus children at the YMCA Summer Camp programs. C/Herrera said that certainly the community joins the Council and staff in wishing Mr. Zirbes the best of luck with his surgery next week and we are confident that he will make a full recovery. Tonight the Council voted on spending additional money to update the current library and a couple of Council Members commented on why that was important. For the children who are currently using the library now is the important time in their learning process and now is what counts to them. In her AUGUST 16, 2005 PAGE 7 CITY COUNCIL opinion, the City has an obligation to make the library the best that it can be now. Nothing is certain and the future is uncertain so the City needs to focus on the now and a $14,000 contribution from the City along with the contributions from the County and Supervisor Knabe is a good investment for the children in this community. She welcomed the new employees introduced this evening and said she appreciated being introduced to people she could then recognize on her visits to City Hall. Congratulations to the Girls Softball team on receiving the honor of competing in the ASA National Tournament. She recalled that a few years ago the D.B. team went to the nationals and several City Council Members traveled to Florida to cheer them on and thank them for wonderfully representing D.B. D.B. is a great place and the kids achieve great things and it is evidence of the parental support in the community. She announced that there would be a prayer service for C/Zirbes on Sunday at St. Denis Church at the corner of Diamond Bar Blvd. and Silver Hawk from 7:00 p.m. to 8:00 p.m. and she hoped that as many people as possible would join in supporting his recovery. M/Chang wished C/Zirbes the very best success with his surgery and a complete recovery so that he could rejoin the Council and continue to serve the community as he has in the past. C/Zirbes is to be commended and admired for his spirit and courage. M/Chang said that more information would be presented to the community in the near future regarding a new library. In the meantime, Council was moving forward to fulfill the wishes and goals of the residents in a way that best served the community. Because the City was not successful in obtaining grant funds to build the new library the Council was seeking the assistance from the residents to fulfill the peoples' goal. The people have the final decision. He asked the residents to join with the City to become informed about the proposal to build a new library and to make an informed decision, not an emotional reaction. 10. ADJOURNMENT: With no further business to conduct, M/Chang adjourned the meeting at 7:30 p.m. in memory of Katy Rzonca, Mayor of the City of Walnut. LINDA C. LOWRY, CITY CLERK The foregoing minutes are hereby approved this _ day of 2005. WEN CHANG, MAYOR Agenda No. 6.2.1 MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JUNE 28, 2005 CALL TO ORDER: Chairman McManus called the meeting to order at 7:12 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Nolanled the Pledge of Allegiance. ROLL CALL: Present: Chairman Joe McManus, Vice Chairperson Ruth Low, and Commissioners Dan Nolan and Steve Tye. Also present: James DeStefano, Assistant City Manager, Nancy Fong, Planning Manager, Ann Lungu, Associate Planner, Linda Smith,. Development Services Associate, and Stella Marquez, Senior Administrative Assistant. 2. RECOGNITION OF OUTGOING COMMISSIONER JACK TANAKA— continued to July 12, 2005. 3. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 4. APPROVAL OF AGENDA: 8. PUBLIC HEARING(S): Move Item 8.2 before Item 5. 8.2 DEVELOPMENT REVIEW 2004-34— In accordance to Chapter22.48 ofthe City of Diamond Bar Development Code, the applicant requested approval of plans to construct an approximate 8,076 square foot addition to an existing 2,777 square foot two-story single family dwelling on an existing 9.10 acre R-1 9,000 zoned parcel with a consistent underlying General Plan Land Use designation of Low Density Residential (RL). The development also included an attached 1,008 square foot 4 - car garage, swimming pool, tennis court, basketball court, and detached gazebo. PROJECT ADDRESS PROPERTY OWNER/ APPLICANT: 701 Featherwood Drive Diamond Bar, CA 91765 Randy and Olga Rodriguez 701 Featherwood Drive Diamond Bar, CA 91765 JUNE 28, 2005 5. PAGE 2 PLANNING COMMISSION PM/Fong advised the Commission that due to technical issues that needed to be resolved, staff was recommending that the project's review be continued to July 12, 2005. Chair/McManus opened the public hearing. With no one present who wished to speak on this item, Chair/McManus continued the public hearing to July 12, 2005. CONSENT CALENDAR: 5.1 Minutes of the Study Session of June 14, 2005, and Regular Meeting of June 14, 2005. C/Nolan moved, C/Tye seconded to approve the minutes of the Study Session of June 14, 2005, as presented and the Regular Meeting of June 14, 2005, as corrected. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS NOES: COMMISSIONERS ABSENT: COMMISSIONERS 6. OLD BUSINESS: None. 7. NEW BUSINESS: None, PUBLIC HEARING(S): Continued: Nolan, Tye, VC/Low, Chair/McManus None. None. 8.1 AMENDMENT TO DEVELOPMENT AGREEMENT 2004-01 — Between the City of Diamond Bar and Lewis -Diamond Bar, LLC for the Diamond Bar Village Specific Plan, a 71 -acre development consisting of 180 multi -family residential units and up to 270,000 square feet of. commercial, retail and institutional uses. The proposed amendment is to consider proposed changes to the financial terms of the contract and the minor changes to the schedule of performance. PROJCECT ADDRESS: South of Grand Avenue, East of Golden Springs Drive PROPERTY OWNER/ Lewis -Diamond Bar, LLC APPLICANT: 1156 N. Mountain Avenue Upland, CA 91765 JUNE 28, 2005 PAGE 3 PLANNING COMMISSION ACM/DeStefano presented staff's report and recommended that the Planning Commission adopt a resolution recommending City Council approval of Amendment to Development agreement 2004-01. Chair/McManus opened the public hearing. ACM/DeStefano confirmed to C/Nolan that the City had an agreement in place that called for the commencement of construction by June 1, 2005, and assured the City that if that did not occur the City could draw down the Letter of Credit in the amount of $41,000 plus, and the City could exercise its agreement right as it was currently written. C/Nolan asked ACM/DeStefano to explain the downside of not adhering to the agreement as written. ACM/DeStefano said that at this juncture both parties were working to resolve the issues of the agreement and working to get Target and Brookfield under construction. The downside would be a financial loss to Lewis and the corporate concerns' of the cashed collateral and it would have significant impacts on the City's relationships with Brookfield and Target. C/Nolan asked if staff was certain that the $2 million fee was the correct fee and wanted assurance that the City would not find itself liable for not covering itself in the bargain (the traffic impact fee). ACM/DeStefano explained that the traffic impact fee was a direct result of the identified traffic impacts as a result of the residential, commercial and church portion of the development. Staff went through the numbers a year ago. However, no dollar amount was attached to the improvements. Over the course of several months after June 2004 staff attached a dollar amount to the physical improvements and negotiated a conclusion and staff believes that the $2 million is an appropriate number. The City has a responsibility for improvements as a result of existing conditions at the various intersections for which $2 million was set aside with the largest portion of the set-aside going toward the Grand Avenue/Golden Springs improvements already underway. ACOM/DeStefano further explained that the City felt it was possible for Lewis. to construct the residential component and never construct the commercial component. In order to protect the City's interest it was willing to grant the residential component but wanted the security that Lewis would build the commercial project so a $2 million Letter of Credit was established representing approximately four years of sales tax revenue and if Lewis never built the commercial component the penalty would secure that the City received the projected tax revenue from the commercial component to which the City believed it was entitled. C/Nolan had some reservation about the City losing an additional two months of sales tax revenue. Staff said that Lewis had been working very hard to get the City an anchor tenant of the quality sought by the residents. Target is an outstanding corporate partner, a great retailer and will do well for Diamond Bar and, staff is very excited that Target has chosen to locate in this community and that the Commission approved the project. The City selected an opening date of April forthe JUNE 28, 2005 PAGE 4 PLANNING COMMISSION anchor. However, staff learned that Target opens stores only three times during the year and April is not one of those times. During recent discussions with Target it became abundantly clear that a target date of July 2006 would not happen. Therefore, the public opening was pushed out to October 2006. Yesterday staff was assured by Lewis and Target that everyone could meet the October 2006 date. C/Tye asked if,CA/Jenkins had reviewed the language of the amendment because he was concerned about interjecting "at the sole discretion of the developer." ACM/DeStefano responded that CA/Jenkins reviewed and approved the amendment as presented to the Commission. C/Tye, referring to page 3 said that anytime it said that the amendment would "provide a City agreement to not impose any additional development exactions or development impact fees" it led him to believe the developer felt the City had done so in the past. The City was getting what it felt was the fair -share of traffic mitigation but nothing over and above. If everything cost $2 million the City had determined that the Brookfield Homes and Target projects should be about $1.2 million and the City would pick up the rest because it was time after 16 years to retrofit that intersection. C/Tye asked if the foregoing was a fair and accurate statement. ACM/DeStefano responded that based upon the impacts that the projects would create it owed the City $1.2 million in traffic impact fees. What the City was doing with this agreement is memorializing what the two parties have already agreed to do and that the contribution was a part of the overall funding needed to improve Grand Avenue and Golden Springs.. If the City finds additional problems once the improvements are underway it is his assumption that the City would be responsible for any additional cost. ACM/DeStefano explained that the agreement not to exact any additional fees from Target has nothing to do with the City of Diamond Bar and nothing to do with a relationship issue or decisions made in the past. It has to do with Target needing reassurance that the City would not exact additional fees. Retailers operate on a very slim margin with every dollar going toward the cost of construction affecting the bottom line. And in his opinion, there was nothing else that would or could be necessary to protect the City and for the City to agree not to impose any additional fees was not an issue for Diamond Bar. Target is a successor in interest and thus has concerns about what it is purchasing and this amendment offers Target a sense of security. Darren McCleve, Vice President of Development, Community Development, for Lewis Operating Companies, thanked the Commission. This development agreement was recorded and runs with the land and as the portions are sold it affects the purchasers. Target approached Lewis because they had been burned on other projects around the country and wanted assurance that a) the development agreement was what it said and would do what it said and b) as the lot line adjustments were processed for the Parcel Map that additional conditions would not be imposed. He thanked staff for standing fair. He felt that staff and Lewis and their JUNE 28, 2005 PAGE 5 PLANNING COMMISSION contractors had adequately and fairly arrived at the $1.2 million that would be provided toward traffic impacts and he said he believed that staff had made Herculean efforts to move the Target project forward. He asked for the Commission's recommendation for adoption. VC/Low asked if Mr. McCleve anticipated requesting an amendment prior to completion of the project and Mr. McCleve said he felt there would be no further amendments requests. VC/Low asked if the construction commencement and completion dates contained in the amendment were in hisview realistic and Mr. McCleve responded that they were because they came directly from Target. Chair/McManus opened the public hearing. With no one present who wished to speak on this item, Chair/McManus closed the public hearing. C/Nolan moved, VC/Low seconded, to recommend City Council approval of Amendment to Development Agreement 2004-01. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Nolan, VC/Low, Tye, Chair/McManus None. None. 8.3 DEVELOPMENT REVIEW NO. 2005-14 — In accordance to Code Section 22.48.020(a)(1), this was a request to construct a three-story single-family residence with two car garage and balconies totaling to approximately 5,187 square feet. The request also included retaining walls within the front, side and rear yards not to exceed an exposed height of six feet. PROJECT ADDRESS PROPERTY OWNER: 1198 Chisolm Trail Diamond Bar, CA 91765 Mitchell Won 5719 Paramount Lane Pico Rivera, CA 90660 APPLICANT: Brent Hallam Westwood Design 133 E. Bonita Avenue, Suite 202 San Dimas, CA 91773 JUNE 28, 2005 PLANNING COMMISSION AssocP/Lungu presented staff's report and recommended Planning Commission approval of Development Review No. 2005-14, Findings of Fact, and conditions of approval as listed within the resolution. Brent Hallam, Project Designer, stated that he and his client read the conditions of approval and agreed to the terms. In addition, he said he would make all pertinent adjustments with staff. Chair/McManus opened the public hearing. With no one present who wished to speak on this item, Chair/McManus closed the public hearing. C/Tye moved, C/Nolan seconded to approve Development Review No. 2005-14, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Tye, Nolan, VC/Low, Chair/McManus NOES: COMMISSIONERS: None. ABSENT: COMMISSIONERS: None. 8.4 DEVELUPMtNI KtViCvv 1Mv.4vv4.•••- -•- -^•- - - MINOR CONDITIONAL USE PERMIT NO. 2005-05 AND TREE PERMIT NO.2005-11 - In accordance to Code Sections 22.48.020(a)(1), 22.56, 22.30.080(5) and 22.28, this was a request to construct a three-story single-family residence with three car garage, balconies and deck totaling to approximately 7,100 square feet. The request also included walls, retaining and non -retaining, with the front, side and rear yards not to exceed an exposed height of either feet. The Minor Variance was for a 20 percent reduction in the required 30 -foot front yard setback. The Tree Permit was related to the removal, replacement and protection of oak and walnut trees. The Minor Conditional Use permit was for a driveway wider than the maximum 14 feet allowed at the street property line. PROJECT ADDRESS: 2142 Rusty Spur Diamond Bar, CA 91765 PROPERTY OWNER/ Mr. and Mrs. Saeid Shantiyal 1250 Valley View Avenue Pasadena, CA 91107 AssocP/Lungu presented staffs report and recommended Planning Commission approval of Development Review No. 2005-19, Minor Variance No. 2005-05, Minor JUNE 28, 2005 PAGE 7 PLANNING COMMISSION Conditional Use Permit No. 2005-05 and Tree Permit No. 2005-11, Findings of Fact and conditions of approval as listed within the resolution. C/Tye asked where the resolution specified the number of trees that were to be replaced. AssocP/Lungu referred C/Tye to 5(c) on page 5 indicating 12 trees were scheduled for replacement. Mr. and Mrs. Saeid Shantiyal indicated they read the conditions of approval and concurred with the findings. Mr. Shantiyal explained that with the 3:1 replacement ratio there would be too many trees planted on the property because the rear of the property was planted with trees and if there were a way to reduce the number he would like to exercise that option. They were told that one option would be to pay for trees being planted in an alternate location. Chair/McManus explained that the number could not be reduced but that a certain number could be planted off-site. Mr. Shantiyal indicated he would work with staff on that matter. VC/Low asked if staff was recommending that 12 trees be planted off-site. PM/Fong stated that the resolution called for replacement of 12 walnut trees the size of 24" box. Whether the applicant would be placing 12 trees on the site, staff would work out the formula. Perhaps half the replacement trees would be planted on-site and half off-site for example. Mr. Shantiyal indicated to VC/Low that he concurred. Chair/McManus opened the public hearing. With no one present who wished to speak on this item, Chair/McManus closed the public hearing. C/Nolan moved, VC/Low seconded to approve Development Review No. 2005-19, Minor Variance No. 2005-05, Minor Conditional Use Permit No. 2005-05 and Tree Permit No. 2005-11, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Nolan, VC/Low, Tye, Chair/McManus None. None. 8.5 DEVELOPMENT REVIEW NO. 2004-45 — In accordance to Code Section 22.48.020(a)(2), this was a request to establish private college classrooms at the University of Phoenix in existing office business park suites. PROJECT ADDRESS: 1470 S. Valley Vista Drive Diamond Bar, CA 91765 JUNE 28, 2005 PAGE 8 PLANNING COMMISSION PROPERTY OWNER: 1470 S. Valley Vista Drive, LLC 4641 District Boulevard Vernon, CA 90058 APPLICANT: Apollo Group, Inc., Harlan Lindholm 4305 Hidden Oaks Yorba Linda, CA 92886 APPLICANT'S AGENT: CB Richard Ellis, Inc., Travis Boyd 3501 Jamboree Road #100 Newport Beach, CA 92660 DSA/Smith presented staffs report and recommended Planning Commission approval of Development Review No. 2004-45, Findings of Fact, and conditions of approval as listed within the amended resolution. Chair/McManus wanted confirmation that the building would be cleared out prior to commencement of the 6:00 p.m. classes so that there would not be a parking conflict. DSA/Smith responded yes and referred the Commissioners to the matrix. Harlan Lindholm thanked the Commission and DSA/Sniith and staff for their assistance. He reviewed the report and conditions. He also reviewed the occupancy figures with campus personnel and was comfortable with the numbers indicated in the report. VC/Low asked if Mr. Lindholm had spoken with his neighbors about the parking situation. Mr. Lindholm said he had not but felt the owner/landlord would have done so or at least taken the situation into consideration. Chair/McManus opened the public hearing. With no one present who wished to speak on this item, Chair/McManus closed the public hearing. C/Tye moved, C/Nolan seconded, to approve Development Review No. 2004-45, Findings of Fact, and conditions of approval as listed within the amended resolution. Motion carried by the following Roll Call vote: AYES: Tye, Nolan, VC/Low, Chair/McManus None.. None. COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: JUNE 28, 2005 PAGE 9 PLANNING COMMISSION 9. PLANNING COMMSSIONER COMMENTS/INFORMATIONAL ITEMS: C/Tye asked PM/Fong to use photos he provided to explain the bulldozing that took place. PM/Fong explained that last Friday staff received a call about the site which as a proposed development of 19 single-family lots. The application was incomplete and not ready for Planning Commission review. The applicant must do an environmental review and one of the required studies was a geotechnical study. In order to do the geotechnical study they must have access to the site to conduct soil borings to analyze whether the slopes are safe for development. A tree removal permit was required to be approved for slope access. Unfortunately, the workers attempted to shortcut a pathway and got onto a neighbor's yard. Staff immediately took action to stop the workers and revoked the Tree Removal Permit. The applicant has yet to return staff's call. Staff plans to monitor the situation and make certain that an Arborist is on-site to monitor the work when it resumes. Of course, the applicant will be required to mitigate the problem the workers created. C/Tye stated that the affected homeowner appreciated staff's quick and efficient response to the matter. He felt that it was a problem for the two debris piles to remain close to development because they could quickly present a fire hazard. The homeowner believed that there was a drainage channel that went through the back of their property that was destroyed by the developer's actions. PM/Fong indicated that if a drainage ditch existed prior to the damage the developer would be required to replace the drainage ditch before the rainy season. C/Tye asked if AssocP/Lungu observed the property north of the Chisolm Trail project that was somewhat fenced. There was no home on-site and there was a pool sign. The property is accessible from either end of the fence and the gate does not come together. He feared for the safety of children in the area. ACM/DeStefano said that staff would look at all four properties and report back to the Commission at its next meeting. C/Tye commented about Lewis's praise of staff. He appreciated ACM/DeStefano's statement about negotiating in the best interest of Diamond Bar and said there was no one he would rather have negotiating on his behalf. C/Nolan echoed C/Tye's comments about staff receiving positive comments from a 50 year-old development company. C/Nolan reiterated his concern about the broken neon/Mastic Diamond Bar Village monument sign. He wished everyone a happy July 4 h. VC/Low echoed C/Tye and C/Nolan's comments about the high praise for staff on theirfine work on the Lewis project. She said she appreciated C/Tye's activism and , Agenda No. 6.2.2. MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION JULY 12, 2005 CALL TO ORDER: Chairman McManus called the meeting to order at 7:10 p.m. in the South Coast Air Quality Management District/Government Center Auditorium, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Vice Chairman Low led the Pledge of Allegiance. ADMINISTRATION OF OATH OF OFFICE TO INCOMING PLANNING COMMISSIONER TONY Y. TORNG - ACM/DeStefano administered the oath of office to Tony Y. Torng, incoming Planning Commissioner replacing Jack Tanaka. 1. ROLL CALL: Present: Chairman Joe McManus, Vice Chairperson Ruth Low, and Commissioners, Tony Torng and Steve Tye. Commissioner Dan Nolan was excused. Also present: James DeStefano, Assistant City Manager; Nancy Fong, Planning Manager; Linda Smith,Development Services Associate; Lorena Godinez, Planning Intern and Stella Marquez, Senior Administrative Assistant. 2. RECOGNITION OF OUTGOING COMMISSIONER JACK TANAKA— Presented by Chair/McManus and the Planning Commissioners. Jack Tanaka thanked ACM/DeStefano and the planning staff for their assistance during his tenure on the Commission and thanked his colleagues for their support in moving the City forward. He also thanked Paul Wright, Audio Technician. 3. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None Offered. 4. APPROVAL OF AGENDA: As Presented. 5. CONSENT CALENDAR: 5.1 Minutes of the Regular Meeting Study Session of June 28, 2005. C/Tye moved, VC/Low seconded to approve the Regular Meeting Minutes for June 28, 2005, as presented. Motion carried by the following Roll Call vote: JULY 12, 2005 Page 2 PLANNING COMMISSION AYES: COMMISSIONERS NOES: COMMISSIONERS ABSTAIN: COMMISSIONERS ABSENT: COMMISSIONERS 6. OLD BUSINESS: None 7. NEW BUSINESS: None CONTINUED PUBLIC HEARING(S): Tye, Low, Chair/McManus None Torng Nolan 8.1 DEVELOPMENT REVIEW 2004-34 - In accordance with Chapter 22.48 of the City of Diamond Bar Development Code, the applicant requested approval of plans to construct an approximate 8,076 square foot addition to an existing 2,777 square foot two-story single-family dwelling on an existing 9.10 acre R-1 9,000 zoned parcel with a consistent underlying General Plan Land Use designation of Low Density Residential (RL). The development also included an attached 1,008 square foot 4 -car garage, swimming pool, tennis court, basketball court and detached gazebo. (Continued from June 28, 2005) PROJCECT ADDRESS: PROPERTY OWNER/ APPLICANT: 701 Featherwood Drive Diamond Bar, CA 91765 Randy and Olga Rodriquez 701 Featherwood Drive Diamond Bar, CA 91765 PM/Godinez presented staffs report and recommended that the Planning Commission adopt Development Review 2004-34, Findings of Fact and conditions of approval as listed within the resolution. Chair/McManus asked if the garage door scheduled for removal was on the west side of the house as stated in staffs report and PM/Fong confirmed that it was. PM/Fong indicated to VC/Low that it was intended to be a two-story connection that would include a garage door through which the owner could drive to access an interior courtyard with a four -car garage. Randy Rodriquez asked why he was conditioned to reduce the 18 -foot wide driveway to 12 feet. PM/Fong used the photographs to clarify that staff's request was for the new portion of driveway only to be reduced from 18 feet to 12 feet to conform to code. JULY 12, 2005 Page 3 PLANNING COMMISSION C/Tye asked why staff would condition to reduce the driveway rather than conform to the existing driveway? PM/Fong responded that certain factors were considered such as whether there was a need for such a wide driveway because the existing driveway supported the dwelling. If the new driveway were widened to 18 or 20 feet it would create a lot of unnecessary hardscape that would be visible from the eastbound SR 60. VC/Low felt that the wider driveway would not burden the already huge property. PM/Fong responded that the Planning Commission could direct staff to work with the applicant to see if a wider driveway was feasible. VC/Low believed that due to the steep incline it would .be difficult for someone to maneuver a large SUV in the narrow driveway in the dark for instance. C/Tye said he still did not understand staff's concern and endorsed VC/Low's point of view to work with the applicant toward providing a larger driveway. He was not sure that it would be that visible from the SR60 and he also felt that it would be safer for the applicant to be able to drive up a larger driveway. Mr. Rodriquez explained that he created a wide driveway because it helped create a firebreak. Every year the fire department required him to clear everything within 100 feet of his residence. Visitors to his home find it difficult to maneuver their vehicles in an area that is too small and that would include the fire department because they drive their trucks up to his property to view the surrounding area. VC/Low said that during her visit with Mr. Rodriquez today she discerned that he intended to move the pepper tree at the front of the residence and did not find that this project had required approval for a tree permit. PM/Fong felt that it would be preferable for the applicant to preserve the tree in its current location if possible. However, if the applicant wanted to move the tree he could apply for a tree permit. Chair/McManus opened the public hearing. Mark Sackett, 711 Featherwood Drive, said he was concerned that property safety precautions were in place during a project of this magnitude so that it would not impede on the surrounding community and neighborhood. He was concerned about noise, water drainage. and fire prevention and his biggest concern was if the applicant was allowed to have such a driveway that a two-lane road would take precedence and that the area would eventually be zoned for High Density. He would prefer that the R-1 zone remain in place. He wanted to be sure that the excavation would not affect the stability of the hillside so that he had to be concerned about the possibility of a future landslide. He felt the project was aesthetically pleasing and said he believed it would be a good addition to the neighborhood. JULY 12, 2005 Page 4 PLANNING COMMISSION Chair/McManus pointed out that as part of the approval process the applicants sign a covenant that the property will remain a single-family residence. There will be some noise during construction. With respect to geotechnical issues, since Diamond Bar incorporated none of the hills that have been built upon have suffered landslides. Only hillsides that were developed prior to incorporation have suffered landslides. Staff is diligent about requiring proper mitigation. PM/Fong assured the speaker that the applicant was required to submit geotechnical reports and that the area would have to be found adequate to support grading and structures prior to issuance of building permits. PM/Fong responded to VC/Low that the property is zoned for single-family residences only. If the property owner wanted to change the zoning to multiple family he would have to request a General Plan amendment and zone change. She said that the applicant could propose a subdivision but there is only one access to the property and the driveway is very small. The subdivision map has requirements regarding access to a public street for any subdivision so it would not be feasible with the narrow access. ACM/DeStefano said that not only is the property zoned single-family residential, it is classified in the City's Master Plan (the General Plan) as single-family residential. As PM/Fong stated it would require a subdivision of property and a General Plan amendment to change the designation. Any interest in changing the designation of the property requires public hearings before the Planning Commission and the City Council and it would be very unlikely that staff would recommend any such changes due to the limited access and because it is a single family neighborhood. Marguerita Lopez, 675 N. Featherwood Drive said she wanted assurance that the proposed project would be used to house only one family because it is a very big house. Chair/McManus indicated that the applicants have five sons. Ms. Lopez said she was also concerned that the house would not obstruct her view and wanted to be sure the fire department would continue to monitor the area. Chair/McManus closed the public hearing. C/Tye said he had experienced the same concern as the speakers that because it was such a large parcel that it might be subject to subdividing. VC/Low felt that if the property owners intended to maintain the property and put in a wider driveway that would serve to deter fire as well as landscape the area in a reasonable fashion it would be served as an improvement for the community. JULY 12, 2005 Page 5 PLANNING COMMISSION C/Tye moved, VC/Low seconded to approve Development Review 2004-34, Findings of Fact, and conditions of approval as amended and striking (jj) on page 9 that called for limiting the driveway to 12 feet and directing staff to work with the applicant on the matter. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS ABSENT: COMMISSIONERS 9. PUBLIC HEARING(S): 9.1 Tye, VC/Low, Nolan, Torng, Chair/McManus None Nolan In accordance with Code Sections 22.48.020(x)(1) and 22.38 of the City of Diamond Bar Development Code, this was a request to construct a three-story single-family residence with two garages for a total of five parking spaces, and balconies totaling to approximately 16;719 square feet. The request also included front, side and rear yard retaining walls not to exceed an exposed height of seven feet and a tennis court in the rear yard. The Tree permit was related to the removal and replacement of oak and walnut trees. PROJECT ADDRESS: PROPERTY OWNER: APPLICANT: 23541 Ridgeline Road (Tract 30091 Lot 53) Diamond Bar, CA 91765 Mr. and Mrs. Thomas Ha 933 Solem Street. Azusa, CA 91702 Pete Volbeda 615 N. Benson Avenue, Unit C Upland, CA 91786 PM/Godinez presented staff's report and recommended Planning Commission approval of Development Review 2004-34 and Tree Permit 2005-01, Findings of Fact, and conditions of approval as listed within the resolution. Chair/McManus asked if the dirt removal would push the lot down to street level and where the dirt would be exported. JULY 12, 2005 Page 6 PLANNING COMMISSION a Pete Volbeda, Architect explained that most of the exported dirt would be removed to adjacent sites in accordance with agreements between the applicant and adjacent property owners. In fact, most the fill taken from the hillside would be used to balance the site and provide a surface for a tennis court for Mr. Chin. The applicant does not plan to export dirt offsite. In addition, the retaining wall againsi Mr. Chin's garage will be removed to create a balance between his and Dr. Ha's property. In the end the property will be level from Mr. Chin's property to Loren Phillip's property. C/Torng asked Mr. Volbeda to elaborate on whether "The Country Estates" Homeowners Association required all neighbors to sign off on the project. Mr. Volbeda explained that Tim Goode suggested that the applicant approach the neighbors about lowering the grade because the initial design contained 10 -foot retaining walls along the side and that Mr. Goode required onlythe signatures of the affected property owners to allow the applicant to move forward. VC/Low asked if 'The Country Estates architectural review committee had signed off on the project and Mr. Volbeda responded "no" because he was waiting for the signatures and had just received Mr. Phillip's signature today. PM/Fong stated that the review contains a condition that the applicant must obtain association approval prior to the issuance of permits. Chair/McManus opened the public hearing. With no one present who wished to speak on this item, Chair/McManus closed the public hearing. VC/Low moved, C/Torng seconded, to approve Development Review No. 2004-39 and Tree Permit No. 2005-01, Findings of Fact, and conditions of approval as listed within the resolution. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: VC/Low, Torng, Tye, Chair/McManus NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Nolan PLANNING COMMSSIONER COMMENTS/INFORMATIONAL ITEMS: C/Torng said he was excited to be a Planning Commissioner and found the work very interesting. He said he appreciated everyone's professional demeanor and JULY 12, 2005 Page 7 PLANNING COMMISSION although he had few words during tonight's meeting he would be contributing more to future meetings. PM/Fong responded to C/Torng that in the instance of the project within "The Country Estates the homeowners association required signatures related only to the grading because it involved private property not owned by the applicant. C/Tye congratulated Jack Tanaka and welcomed C/Torng. VC/Low congratulated Jack Tanaka on being elected to serve on the City Council and thanked him for his quiet leadership, insight and help and for his service to the Planning Commission. She welcomed C/Torng and said it was a fun Commission that did a lot of neat things. Chair/McManus thanked Jack Tanaka for his service to the Commission and congratulated him on moving up to the City Council. He welcomed C/Torng to the Planning Commission. 10. STAFF COMMENTS AND INFORMATIONAL ITEMS: ACM/DeStefanostated that the Schedule of Public Meetings indicated a Zoning Map Amendment discussion for July 26 that would be pushed out to August. As a result, there were no items scheduled forthe July 26 meeting. Last Thursday evening the City Council subcommittee held a town hall meeting for the Industry Business Center project at Armstrong Elementary School. About 2300 property owners were noticed in the immediate area. The Planning Director for the City of Industry spoke to the project and responded to questions. About 130 individuals attended the meeting and about two -dozen speakers voiced their opinions and asked questions about the proposed development. In the past, Industry has been a good neighbor and the City expects that will continue. When more specific information is available the subcommittee will hold additional town hall meetings. The meeting lasted approximately three hours. ACM/DeStefano responded to Chair/McManus that Washington, Beaverhead and Sunset Crossing Road are cul-de-sacs within the scope of the City's General Plan and Diamond Bar controls whether those streets are open and connected and Diamond Bar has insisted that those streets remain cul-de-sacs. If the streets were ever to be considered to be open it would require a public noticed General Plan process before the Planning Commission and then before the City Council and would undoubtedly involve extensive traffic studies, etc. JULY 12, 2005 Page 8 PLANNING COMMISSION ACM/DeStefano stated that the street work at Grand Avenue and Golden Springs Drive has commenced with the urban forestry program. As a result, a number of trees have been lost to the project that contemplates widening Golden Springs Drive to create a second right -turn lane and a much longer series of right turn lanes as well as an additional lane on Grand Avenue from the freeway toward Montefino. The additional lanes are intended to transition traffic from the freeway through Diamond Bar and to serve as a deceleration lane into the shopping center and later an acceleration lane to move traffic forward toward Chino Hills in a safer manner. Work is scheduled for completion about the middle of November. The Target project is moving forward with commencement of construction slated for mid-August. The Brookfield condominiums are scheduled for construction beginning about mid- September with the first units offered for sale at the end of 2005 and occupancy scheduled between June 2006 and 2007. ACM/DeStefano reported that the City had been interested in a sphere of influence change for the past couple of years in order to capture the triangular shaped area at Diamond Bar Boulevard at Brea Canyon cutoff near the Diamond Canyon Church. The 100 -acre area that has a Diamond Bar zip code, Walnut School District and is served by the Diamond Bar/Walnut Sheriffs station lies within Los Angeles County. Adjacent to the 100 acres is the AERA Energy Project that is comprised of about 3000 acres of which a substantial portion was under consideration to become a future component of the City of Diamond Bar. At the City's request the consultant working With LAFCO recommended that 2100 acres of the AERA project plus the 100 aforementioned acres become a part of the City of Diamond Bar. Tomorrow morning the Local Agency Formation Commission (LAFCO) is being asked to approve resolutions to place the 2200 -acres into Diamond Bar sphere of influence. There are a number of additional steps that would have to take place for the area to become a part of the City. However, LAFCO's approval is essential for the City to move forward to incorporate the property into the City of Diamond Bar. With respect to the Code Enforcement issue about removal of trees at the end of Crooked Creek PM/Fong reported that staff contacted a consultant to help the City survey the damage and recommend mitigation. Staff is attempting to arrange a meeting with Mr. Singh to discuss the damages and entice him to remedy the situation. The piles of debris were removed. Chair/McManus asked for an update on the burned out building on Pathfinder Road west of the SR 57. PM/Fong said that the applicant had gone through plan check and was close to obtaining the building permit. JULY 12, 2005 Page 9 PLANNING COMMISSION 11. SCHEDULE OF FUTURE EVENTS: As listed in tonight's agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/McManus adjourned the meeting at 8:10 p.m. Assistant City Manager Attest: Agenda No. 6.3 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 JULY 28, 2005 CALL TO ORDER: Chairman Lyons called the Parks and Recreation Commission meeting to order at 7:00 p.m. in the SCAQMD/Government Center Building Hearing Board Room, 21865 Copley Drive, Diamond Bar, California 91765. PLEDGE OF ALLEGIANCE: Commissioner Chang led the Pledge of Allegiance. 1. ROLL CALL: Present: Chairman Nancy Lyons, and Commissioner Ling -Ling Chang and Dave Grundy. Vice Chairman Marty Torres and Benny Liang were excused. Staff Present: Bob Rose, Director of Community Services; Alison Meyers, Community Services Coordinator; Christy Murphey, Recreation Specialist and Marisa Somenzi, Administrative Assistant. MATTERS FROM THE AUDIENCE: None Offered. CALENDAR OF EVENTS: As presented in the agenda and reported by CSD/Rose. 1. CONSENT CALENDAR 1.1 Approval of Minutes of June 23, 2005 Regular Meeting. C/Grundy moved, C/Chang seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Chang, Grundy, Chair/Lyons NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: Liang, VC/Torres 2. INFORMATIONAL ITEMS 2.1 Recreation Program Report — RS/Murphey C/Grundy said the 4th of July celebration was a wonderful event and was the premier event for the City. Once again, however, restroom accessibility was an issue and he recommended the City consider upscale of the portable restrooms. JULY 28, 2005 PAGE 2 P&R COMMISSION Chair/Lyons agreed with C/Grundy that the 4'° of July event was great. She and other attendees really enjoyed the music and the fireworks were spectacular. She said she was very impressed with staff and the volunteers who were so helpful to attendees. She agreed with C/Grundy that staff should consider doubling the amount of portable restrooms for next year's event. She said she was also in favor of turning all of the regular restrooms into women's restrooms and having the men use the port -a -potties. CSD/Rose responded that that solution had been implemented in past years and the result was less than successful. Chair/Lyons said she attended the summer day camp on Tuesday during which the kids read from the novel Because of Winn-Dixie. The kids mentioned that they would like to have a reading corner with floor cushions next year. RS/Murphey responded to Chair/Lyons that Live Scan is the fingerprint and background check service provided by the Sheriff's Department. All volunteers and recreation staff members must go through the fingerprinting and background checking process because they deal with youth. CSD/Rose stated that Target would be under construction next year and the City was searching for an alternate parking site for the 4th of July event. A resident suggested holding the event at Heritage Park with the fireworks display set off at Castle Rock Elementary School and using the Country Hills Towne Center for parking. Chair/Lyons said that several people asked why the event was not held at Pantera Park. CSD/Rose said that staff was concerned about the weeds and natural areas as a possible fire hazard surrounding Pantera Park. 2.2 Diamond Bar Community Foundation Oral Report — C/Chang. C/Chang reported that no meeting was held this month. 2.3 Library Task Force Oral Report — C/Grundy. C/Grundy reported that the task force met and discussed whether a bond measure should be recommended to City Council for placement on the November ballot. The task force also looked at possible funding sources for new computers and desks. C/Grundy said that the task force was convened a year ago with the hope that grant funds would be forthcoming. When that did not materialize the task force wanted to continue to find a way to build the new library and it was good news that the City had another shot at getting the library funded. 2.4 C.I.P. Program Report — CSD/Rose a. Trail & Trail Head Development at Sycamore Park — Notice to Proceed 8/1/05. JULY 28, 2005 PAGE 3 P&R COMMISSION CSD/Rose reported that the 90 -day project includes work on Diamond Bar Boulevard that would give the City a lot of visibility for the trail system and the impetus for obtaining additional grant funds. In fact, the City is applying for two additional grants in October that would allow work to continue to connect the entire trail using decomposed granite and installation of rest areas and that the trail would ultimately continue up to the Diamond Bar Center. b. Picnic Shelters at Pantera Park — Notice to Proceed 8/1/05 CSD/Rose explained that this 120 -day project was included in median and parkway projects throughout the City. C. Sycamore Canyon Park ADA Retrofit Phase II — CSD/Rose indicated that this project was near completion. d. Starshine Park ADA Retrofit — Water meter by 8/31/05 and Grand Opening Ceremony in September. e. Lorbeer Ball Field — Artificial Turf — No word from PUSD. CSD/Rose reported that staff was told that the more people that were on the facility the more work it would be for the school district (additional trash, confrontations, etc.) Middle management is pushing to pay back rent for use of the facility when the lights were first installed. C/Grundy felt the City should consider rescinding its offer and making a similar offer to the Walnut Valley Unified School District. C/Chang said there was discussion about all Pomona schools being equal and whether all schools should have artificial turf. C/Grundy wondered how Diamond Ranch got built since it is a dramatically different facility. The City continues to push the issue because as an example the grading alone for the 40 -acre Lots 1 and 61 parcels is estimated to cost between $18 and 25 million. Staff pursued several options for the lots such as a "field of dreams" area, a water feature, etc. and to date the numbers do not make business sense. Park Plan for Larkstone Park — Zero Depth Water Park/Picnic Area/Tot Lot/Grass Play Area/Two Drinking Fountains/ Restrooms/ Storage Area/Soda Machine. CSD/Rose reported that the City was offered a turnkey operation. Lewis is talking with WVUSD about building homes in the area and part of the agreement includes building a park for the City to the City's specifications. He asked if Commissioners had other items they would like to offer for consideration. One option would be to work with the school district to get lighting for the South Point Middle School basketball courts and tennis courts. C/Grundy said he would like to see a proposed layout of the park in JULY 28, 2005 PAGE 4 P&R COMMISSION order to make his recommendations. Chair/Lyons recalled that ACM/DeStefano presented a proposal for Larkstone Park a few months ago. CSD/Rose explained that ACM/DeStefano's presentation was for a different configuration on a single pad. Since the work commenced the contractors had uncovered slope issues and reconfigured the layout. Chair/Lyons felt that it could be low cost and high maintenance with slope issues and the City would have to pay for the maintenance. C/Grundy said that Chair/Lyons statement about ongoing maintenance was a good point and asked if staff could come up with a cost estimate for maintenance. Chair/Lyons felt it would be good to have a lighted basketball court. CSD/Rose said that based on the City's Trails Master Plan a Larkstone Park trailhead would be created. C/Grundy said he hiked the Sycamore Canyon Park trail recently and wondered if the proposed trail would follow the current trail. Part of the trail goes through a drainage culvert and he wondered if anything could be done to work around the culvert. He said he presumed that as part of the development signage would be placed at the top of the trail because there were no good signs to point out the path of the trail. CSD/Rose said that the trail would be made very clear. The upper portion of the trail will have a Kiosk and map and the area from the upper to the lower portion of the park will be very well identified with steps. Sycamore Canyon Park ADA Retrofit Phase III — Presentation by Hirsch and Associates. 2.5 Parks Report — CSD/Rose CSD/Rose stated that a couple of years ago the Parks and Recreation Commission pointed out maintenance problems with Pantera and Peterson parks. Valley Crest has done a good job up to this point. However, staff may recommend a change back to TruGreen because TruGreen has a very good supervisor. Valley Crest recently lost two of its top supervisors and the City is not happy with the work at this point. CSD/Rose responded to C/Grundy that the contracts contain a 30 -day notification clause. Ron Kirkpatrick went to TruGreen but he is not working in this area. CSD/Rose said he had not been in touch with Bill Arman because Mr. Arman had a confidentiality clause in his contract that prevented him from contacting prior clients for one year after leaving Valley Crest. CSD/Rose responded to Chair/Lyons that VC/Torres had not yet completed his walkthroughs. Chair/Lyons asked CSD/Rose to carry this item over to next month's agenda. Chair/Lyons said that when she did herwalkthrough of Ronald Reagan Park she and PMS/Jordan discussed putting trashcans in the tennis court area. CSD/Rose said he would add the item to the list. JULY 28, 2005 PAGE 5 P&R COMMISSION 2.6 Proposed Teen Programs — CSC/Meyers CSC/Meyers reported that the City Council adopted the Youth Master Plan on June 21. After presenting the plan to WVUSD they asked for additional time to go over the plan in order to have a better understanding of the document. WVUSD seemed very enthusiastic about the plan. She also presented the plan to library personnel and everyone was very excited about the Youth Action Committee. PUSD enthusiastically adopted the Youth Master Plan on July 26 following staffs presentation. Staff hopes to establish the Collaborative by September assuming adoption by WVUSD. She referred the Commissioners to the Proposed Teen Programs report contained in the agenda packet. C/Grundy felt it would benefit the City economically to cater to the youth because they would definitely spend money in the City if they had a place to do so. Chair/Lyons asked when the first activity would take place. CSC/Meyers said she was planning for 2006 because if the action committee were formed in January things should move forward shortly thereafter. Chair/Lyons wondered why the City would not hold a teen dance, for instance. CSD/Rose said the plan was to form the Collaborate to help plan and promote activities in the schools. The reason Chino Hills has had successful dances is because the event is conducted on the school campus with full support of the school. 3. OLD BUSINESS: None 4. NEW BUSINESS: 4.1 Update of Facility Use Document — staff recommends that the Commission review the discussion page, review the facility use document and provide suggested revisions at the August 25 Commission meeting and/or email recommended revisions to AA/Somenzi. 4.2 Update of Commission Handbook — staff recommends that the Commissioners review the handbook and provide suggested revisions at the August 25 Commission meeting and/or email recommended revisions to AA/Somenzi. ANNOUNCEMENTS: C/Grundy commented on the letter addressed to Chair/Lyons contained in tonight's agenda packet. The family that came to ask if the skate park policy could be expanded to include razors was very thankful for the Commission's recommendation and the Council's consideration. They said they were very impressed with the process and thoughtful discussions and considerations required to make the change. In addition, the parents felt it was an excellent process fortheir boys to witness and take part in and it convinced them that the process works and that positive things can be achieved by participating. C/Grundy appreciated the JULY 28, 2005 PAGE 6 P&R COMMISSION participation of the parents and the youth in the process and praised them for having faith that it would result in a positive outcome. ADJOURNMENT: With no further business before the Parks & Recreation Commission, Chair/Lyons adjourned the meeting at 8:38 p.m. Respectfully Submitted, Bob Rose, Secretary Attest: Nancy Lyons, Chairman CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manageri/1 Agenda # 6.4 Meeting Date: September 6, 2005 AGENDA REPORT TITLE: Ratification of Check Register dated August 12, 2005 through September 1, 2005 RECOMMENDATION: Ratify Check Register dated August 12, 2005 through September 1, 2005 and totaling $1,218,528.92. FINANCIAL IMPACT: Expenditure of $1,218,528.92 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 list of accounts payable bills, in the form of a check register dated August 12, 2005 through September 1, 2005 for $1,218,528.92, is being presented to the City Council for ratification. All payments have been reviewed and approved by the appropriate departmental staff and the attached Affidavit affirms that the check register has been audited and deem accurate by the Finance Director. PREPARED BY: Linda G. Magnuson Finance Director REVIEWED BY: Finance ied ctor Assistant City Manager Attachments: Affidavit and Check Register— 08/12/05 through 09/01/05 CITY OF DIAMOND BAR CHECK REGISTER AFFIDAVIT The attached listings of demands, invoices, and claims in the form of a check register including checks dated August 12, 2005 through September 1, 2005 have been audited and are certified as accurate. Payments have been allowed from the following funds in these amounts: Fund # Description Amount 001 General Fund $628,483.59 011 Com Organization Support Fund 400.00 112 Prop A - Transit Fund 33,205.59 115 Int. Waste Mgt Fund 10,925.07 118 AB2766 - AQMD Fund 10,480.21 125 CDBG Fund 21,023.38 126 COPS Fund 983.20 138 LLAD #38 Fund 17,809.80 139 LLAD #39 Fund 21,006.82 141 LLAD #41 Fund 8,017.29 250 Capital Improvement Project Fund 466,193.97 $1,218,528.92 Signed: Linda G. 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I W 0 0 0 0 0 [r N H 2 ri m W w In H PQ cn O C] O \ [] aW N w - H 0 O H t7 A w [] I 3 I N WP N OW A I E 71 co Q) I H 0 0 W' U Ww d i w N n w H 0q o A 2 14E U a Ural m � I a H G I a I I U N W U U] \ 6 U W O rto U H M % W HQ °z H H w0H H .ti' a O \H PS W x m FC H ow (off off U � o w g o ti U� IUB .w�� C7 w 0 x Hr4 .-1 HE E 0 N 0 E 0 AH pq 00 IF CITY COUNCIL TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manag TITLE: Treasurer's Statement – July 2005 Revised Treasurer's Statement – June 2005 RECOMMENDATION: Agenda # ti_s Meeting Date: Sept. 6, 2005 AGENDA REPORT Approve the July 2005 and the Revised June 2005 Treasurer's Statements. FINANCIAL IMPACT: No Fiscal Impact BACKGROUND: Per City policy, the Finance Department presents the monthly Treasurer's Statement for the City Council's review and approval. This statement shows the preliminary cash balances for the various funds, with a breakdown of bank account balances, investment account balances and the effective yield earned from investments. Since there have been fiscal year-end adjustments made to the month of June 2005, the Finance Department also presents a revised version of the June 2005 Treasurer's statement for the City Council's review and approval. PREPARED BY: Susan Full, Senior Accountant REVIEWED BY: Finan d e pirector Attachments: Treasurer's Statements 0-00— Deputy City Manager CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT July 31, 2005 GENERAL FUND $25,965,830.50 $1,873,111.30 $1,255,423.60 ($16,467.19) $26,567,051.01 LIBRARY SERVICES FUND COMMUNITY ORG SUPPORT FD 0.00 (14,306.74) 600.00 250.00 0.00 - (14,906.74) GAS TAX FUND TRANSIT TX (PROP A) FD 538,353.82 1,446,894.79 105,565.19 514,916.49 (6,684.33) 538,353.82 1,030,859.16 TRANSIT TX (PROP C) FD 1,202,294.22 48,898.84 US TREASURY Money Market Acct. $863,896.51 1,251,193.06 ISTEA Fund INTEGRATED WASTE MGT FD 0.00 531,141.33 45,243.75 17,674.88 (8,490.11) 0.00 550,220.09 AB2928-TR CONGESTION RELIEF FD 0.00 CASH WITH FISCAL AGENT: 8,922.03 (1,151.21) 0.00 105,691.48 AIR QUALITY IMPRVMNT FD 115,764.72 150,965.32 1,900,857.02 PARK & FACILITIES DEVEL. FD COM DEV BLOCK GRANT FD 1,900,857.02 (3,086.41) 9,197.00 28,381.00 (275.65) (22,546.06) CITIZENS OPT -PUBLIC SAFETY FD 187,869.55 187,869.55 317,625.66 NARCOTICS ASSET SEIZURE FD 317,625.66 71,885.21 CA LAW ENFORCEMENT EQUIP PRG 71,885.21 467,258.06 2,957.86 22,729.97 (1,649.31) 445,836.64 LANDSCAPE DIST #38 FD LANDSCAPE DIST #39 FD 259,485.97 1,306.76 22,483.62 (1,649.35) 236,659.76 LANDSCAPE DIST #41 FD 399,375.16 1,001.84 23,679.68 (1,649.44) 375,047.88 GRAND AV CONST FUND 58,719.50 110,720.82 58,719.50 (982,534.31) CAP IMPROVEMENT PRJ FD SELF INSURANCE FUND (871,813.49) 1,325,843.72 48,148.00 203,616.61 1,170,375.11 EQUIPMENT REPLACEMENT FUND 197,050.68 197,050.68 (4,061.55) COMPUTER REPLACEMENT FUND PUBLIC FINANCING AUTHORITY FUN (4,061.55) 396,726.87 616.82 262,394.74 38,016.59 172,965.54 TOTALS $34,469,708.59 $2,136,047.36 $2,471,543.44 $0.00 $34,154,212.51 SUMMARY OF CASH: DEMAND DEPOSITS: GENERAL ACCOUNT ($699,633.70) PAYROLL ACCOUNT 11,013.03 CHANGE FUND 250.00 PETTY CASH ACCOUNT 500.00 TOTAL DEMAND DEPOSITS ($687,870.67) INVESTMENTS: US TREASURY Money Market Acct. $863,896.51 LOCAL AGENCY INVESTMENT FD 33,805,221.13 34,669,117.64 CASH WITH FISCAL AGENT: US TREASURY Money Market Account $22,000.22 LOCAL AGENCY INVESTMENT FD 150,965.32 (Bond Proceeds Account) 172,965.54 TOTAL CASH $34,154,212.51 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. There are two LAIF accounts set up. The regular account's funds are available for withdrawal within 24 hours. The LAE Bond Proceeds account's withdrawals require 30 days notice. As a secondary investment option, the City maintains the US Treasury Sweep Accounts with Wells Fargo and the City's Fiscal Agent, Union Bank of California. Any excess funds are "swept" on a daily basis from the City's bank accounts and are invested overnight in a pool of US Treasury Notes. Interest is credited to the City's bank accounts on a monthly basis. L.A.I.F - Effective Yield - July 2005 Wells Fargo Money Mkt -Effective Yield - July 2005 Union Bank Money Mkt- Effective Yield - June 2005 3.083% 2.496% 3.110% All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expenditures. Linda C. Lowry, Treasurer CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT June 30, 2005 (Revised as of 08/30105) GENERAL FUND $26,121,900.12 $653,460.97 $1,277,456.04 $467,925.45 $25,965,830.50 LIBRARY SERVICES FUND COMMUNITY ORG SUPPORT FD 0.00 (12,072.74) 2,234.00 0.00 (14,306.74) GAS TAX FUND 780,418.22 187,646.20 (429,710.60) 538,353.82 TRANSIT TX(PROPA) FD 1,466,852.84 118,597.45 138,555.50 1,446,894.79 TRANSIT TX (PROP C) FD 1,137,050.77 65,243.45 1,202,294.22 ISTEA Fund INTEGRATED WASTE MGT FD 0.00 585,230.96 12,566.00 66,655.63 0.00 531,141.33 AB2928-TR CONGESTION RELIEF FD 0.00 22,194.58 0.00 115,764.72 AIR QUALITY IMPRVMNT FD 137,959.30 1,900,857.02 PARK & FACILITIES DEVEL. FD COM DEV BLOCK GRANT FD 1,900,857.02 (3,601.08) 11,568.00 11,053.33 (3,086.41) CITIZENS OPT -PUBLIC SAFETY FD 236,067.18 87.78 (48,109.85) 187,869.55 NARCOTICS ASSET SEIZURE FD 317,625.66 317,625.66 CA LAW ENFORCEMENT EQUIP PRG 71,885.21 71,885.21 467,258.06 LANDSCAPE DIST #38 FD 506,109.12 38,851.06 26,320.73 259,485.97 LANDSCAPE DIST #39 FD LANDSCAPE DIST #41 FD 285,806.70 414,971.71 15,596.55 399,375.16 GRAND AV CONST FUND CAP IMPROVEMENT PRJ FD 58,719.50 (755,113.05) 126,595.44 9,895.00 58,719.50 (871,813.49) SELF INSURANCE FUND 1,325,843.72 1,325,843.72 EQUIPMENT REPLACEMENT FUND 197,050.68 197,050.68 (4,061.55) COMPUTER REPLACEMENT FUND PUBLIC FINANCING AUTHORITY FUN (4,061.55) 424,738.02 717.47 28,728.62 396,726.87 TOTALS $35 194 238 31 $1 049 799 54 $1 754 329 26 ($0.001 $34,489,708.59 SUMMARY OF CASH: DEMAND DEPOSITS: GENERALACCOUNT ($737,507.61) PAYROLL ACCOUNT 102,110.83 CHANGE FUND 250.00 PETTY CASH ACCOUNT 500.00 TOTAL DEMAND DEPOSITS ($634,646.78) INVESTMENTS: US TREASURY Money Market Acct. $406,524.05 LOCAL AGENCY INVESTMENT FD 34,321,104.45 34,727,628.50 CASH WITH FISCAL AGENT: US TREASURY Money Market Account $245,762.94 LOCAL AGENCY INVESTMENT FD 150,963.93 (Bond Proceeds Account) 396,726.87 TOTAL CASH $34,489,708.59 Note: The City of Diamond Bar is invested in the State Treasurer's Local Agency Investment Fund. There are two LAIF accounts set up. The regular account's funds are available for withdrawal within 24 hours. The LAIF Bond Proceeds account's withdrawals require 30 days notice. As a secondary investment option, the City maintains the US Treasury Sweep Accounts with Wells Fargo and the City's Fiscal Agent, Union Bank of California. Any excess funds are "swept" on a daily basis from the City's bank accounts and are invested overnight in a pool of US Treasury Notes. Interest is credited to the City's bank accounts on a monthly basis. L.A.I.F - Effective Yield - June 2005 Wells Fargo Money Mkt -Effective Yield - June 2005 Union Bank Money Mkt - Effective Yield - June 2005 2.967% 2.323% 2.740% All investments are placed in accordance with the City of Diamond Bar's Investment Policy. The above summary provides sufficient cash flow liquidity to meet the next six month's estimated expenditures. Linda C. Lowry, Treasurer CITY COUNCIL Agenda # 6.6 Meeting Date: Sept. 6, 2005 AGENDA REPORT TO: Honorable Mayor and Members of,the City Council VIA: Linda C. Lowry, City Manager - /� TITLE: ADOPT RESOLUTION No. XX APPROVING CITY COUNCIL "STANDARDS OF OPERATION AND CODE OF ETHICS' AMENDING SECTION C-9 OF THE "CITY OF DIAMOND BAR POLICIES AND PROCEDURES' (1996) AND RESCINDING DIAMOND BAR CITY COUNCIL RESOLUTION 04-54. RECOMMENDATION: It is recommended that the City Council adopt the attached resolution. FISCAL IMPACT: There is no fiscal impact to the City. BACKGROUND / DISCUSSION: In 2004 the City Council created a City Council Sub -Committee to review and recommend amendments to the City Council Standards of Operation originally established in 1996. After reviewing material from other cities and discussions with City staff and the City Attorney, the Sub - Committee recommended the City Council approve Resolution No. 04-54 adopting the City Council "Standards of Operation and Code of Ethics" (Code of Ethics). The purpose of the Code of Ethics is to define the roles, responsibilities and expectations of City Council and City staff. After a year of the Code of Ethics being in place, it is appropriate to review the document and make recommendations to improve the efficiency and effectiveness of the City Council and City staff. Based on this review, City staff is requesting a change to Section 2, Operation of City Council Meetings, subsection F as shown in the attached redline version. The change would clarify that if, during Councilmember comments, a City Councilmember requests an item be placed on a future agenda, the City Council would conduct a roll call vote to determine if a majority of the Council approves. This is the only proposed change to the document adopted in 2004 and will improve communication between the Council and City staff. If approved by the City Council, the revised Code of Ethics will be effective immediately. Prepared by: Dave Doy, e."' Assistant City Manager Attachments: 1. Resolution No. 2005 -XX 2. "Standards of Operation and Code of Ethics" (redline version) RESOLUTION NO. 2005 -XX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING CITY COUNCIL "STANDARDS OF OPERATION AND CODE OF ETHICS' AMENDING SECTION C-9 OF THE "CITY OF DIAMOND BAR POLICIES AND PROCEDURES' (1996) AND RESCINDING DIAMOND BAR CITY COUNCIL RESOLUTION 04-54 WHEREAS, it is important to the successful operation of any public organization that standards be established to define the roles, responsibilities, and expectations of the governing board and staff in the operation of the organization; and WHEREAS, the establishment of standards and ethical guidelines by the City Council will promote understanding and trust among members of the City Council and City staff with regard to said roles, responsibilities and expectations for the operation of the City; and WHEREAS, Diamond Bar City Council Resolution 96-28 established such standards and guidelines in 1996 as Section C-9 of the City of Diamond Bar Policies and was in need of review and updating; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Diamond Bar adopts the attached revised "Standards of Operations and Code of Ethics" amending section C-9 of the City of Diamond Bar Policies and Procedures and directs the following: SECTION 1. Resolution No. 04-54 is rescinded in its entirety. SECTION 2. The City Clerk shall update the City of Diamond Bar Policies and Procedures to incorporate the attached revision of Section C-9, the Standards of Operation and Code of Ethics. SECTION 3. The City Clerk shall certify the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED ON SEPTEMBER 6, 2005. Mayor ATTEST --------POLICY AND PROCEDUR CITY OF DIAMOND BAR POLICY AND PROCEDURE Number: C-9 Authority: city council Resolution No. Effective: Revised: 1. PURPOSE NO. C-9 The purpose of this document is to define the roles, responsibilities and expectations of the City Council and City staff and to promote understanding of and trust in the operation of the City government. 2. OPERATION OF CITY COUNCIL MEETINGS A. The Council meets on the first and third Tuesdays of each month. The City Council meeting agenda will be prepared by the City Manager and distributed to the City Council not later than the Friday prior to the applicable City Council meeting. Any member of the Council may include an item of business on an agenda with the consent of the Mayor. Meetings shall be conducted in accordance with the Ralph M. Brown Act (Government Code Sections 54950 et seq.) and procedural matters decided in accordance with Robert's Rules of Procedure to the extent applicable to meetings of local government agencies. B. Under the item entitled "Approval of the Agenda," the Mayor, with Council consent, may change the order in which the Council will address the items of business listed on the printed agenda. This is also the time during which items of business may be removed from the agenda or added in accordance with the requirements of the Brown Act. C. Public Comments on matters of business listed on the consent calendar and on matters within the subject matter jurisdiction of the Council, but not on the agenda, are scheduled immediately following the Flag Salute, Roll Call and Special Presentations, Certificates, Proclamations. A member of the public may utilize this time to request that an item be added to a subsequent meeting agenda. POLICY AND PROCEDURE------------ ------------------------------ --------------------- --------- ------ NO. C-9 In order to ensure that all members of the public have an opportunity to speak pertaining to issues that are not on the meeting agenda and that the Council is able to complete the public's business, there shall be a five-minute limitation on comments by the public. The Mayor will be responsible for enforcing the time limit and shall do so uniformly. Upon request of a speaker, the Mayor may, with the concurrence of the Council, extend the time limit if the nature of the issue warrants an extension of time. The Mayor may, likewise, with the concurrence of the Council, shorten the five-minute time limitation for all speakers if warranted by the number of speakers or the press of business. No action is to be taken on items raised under Public Comments. Immediately following Public Comments, the Mayor may direct staff to respond or allow other Council members to respond to a matter raised by the public. D. Public hearings shall be opened by the Mayor. The Council shall first hear the staff report and individual members may ask questions of staff. Then, the Mayor shall ask for a presentation by the applicant, which shall be of such duration as determined appropriate by the Mayor based on the complexity of the matter. If the matter is an appeal filed by someone other than the applicant, the appellant shall present first, followed by the applicant. Then, the Mayor shall ask for comments from the public, which shall be limited to five minutes per speaker. If the members of a large organized group of people wish to cede their individual time to a spokesperson, the Mayor may allocate additional time to the spokesperson. The applicant/appellant shall be accorded an opportunity for a brief rebuttal. After public comment, the City Council shall deliberate and take action. No comments or deliberation shall be allowed once a final action has been taken. E. In accordance with State law, the Council may by majority vote waive full reading of any ordinance and introduce and adopt it by title only. F. During Councilmember Comments and Subcommittee Reports, Council members may make a brief report of their activities or the activities of subcommittees of which they are a member. Council members may also use this opportunity to request an item of business be included on an upcoming Council agenda. The item will only be included rentsif a majority of the Council vote to place the item on a future agenda during a roll call vote immediately following the request. A Council decision on legislative or policy matters shall only be reconsidered at the request of a Council member after a 6 -month "cooling off" period, unless a majority of the City Council affirmatively POLICY AND PROCEDU NO. C-9 agrees otherwise. Final decisions of quasi-judicial matters are not subject to reconsideration. G. If the Council desires to proceed past 11:00 p.m., the Council, at 10:45 p.m., will determine which issues will be completed at that meeting and which items will be continued to an adjourned meeting or to the next regular meeting. 3. GENERAL STANDARDS GOVERNING CITY COUNCIL MEETINGS A. Any written correspondence or other materials received at a City Council meeting (from the public or staff) will be documented by the City Clerk with a receipt time and date and made available for public review immediately upon distribution to the Council. B. The City Council may, in its discretion, prioritize and agendize items of business suggested by the public. C. City Council meeting minutes shall be prepared in a modified action -taken format, rather than a transcript format. All City Council meetings shall be audio -taped and video-taped in their entirety. City Council meeting tapes and Planning Commission meeting audio- tapes shall be retained for two years from the date of the meeting. All other Commission and Committee meeting audio -tapes shall be retained until the approved minutes of a meeting have been reported to the City Council. D. City Council member conduct during meetings: i. The Council Member making a motion shall either restate the motion or have the City Clerk restate the motion, before the vote, to clarify the motion for the public and staff. ii. Council Members shall avoid getting into debates or dialogue with a member of the public. Council Members shall also avoid getting into debates with staff. iii. Any concerns by a Council Member over the performance of a City employee during a Council meeting should be privately directed to the City Manager to ensure the concern is properly addressed. iv. Respect for each individual Council Members' interpersonal style will be a standard of operation. Courtesy and sensitivity to individual points of view will be a standard of operation. Council members will refrain from personal attacks on each other. POLICY AND PROCEDURE----------------------------------------------------------------------- --------- NO. C-9 V. Items of business voted on during a meeting should generally not be revisited during Council Comments or anytime later in a Council meeting. No comments shall be made on public hearing items involving quasi-judicial matters after final action has been taken. vi. The Mayor may with the approval of the City Council during a Council meeting create a Task Force or Working Group to research, create and/or oversee new programs or projects. vii. Council Members have a duty to vote in the affirmative or in the negative on all motions, unless precluded by law from participation. E. The City Attorney shall act as Parliamentarian. The speaker having the floor may at any time request of the Parliamentarian the rules of order, or procedures to be followed. The Chair may at any time interrupt the proceeding to request a ruling from the Parliamentarian. 4. CITY COMMISSIONS A. Individual Council Members may attend Commission meetings as members of the public, but are cautioned about becoming involved in the meeting's discussions and/or violating the Brown Act. B. Significant Commission recommendations and/or actions will be reported in writing to the City Council on its regular meeting agendas. C. New ideas or suggested programs formulated by a Commission will not be final until approved by the City Council. 5. COUNCIL MEMBER PRESENTATIONS AT OTHER AGENCIES AND GROUPS If a member of the City Council represents the City before another governmental agency or organization, the Council Member will first indicate the majority position of the Council. Personal opinions and comments may be expressed only if the Council Member clarifies that these statements do not represent the position of the City Council. 6. CITY COUNCIL RELATIONSHIPS WITH CITY STAFF A. Council Members and staff will treat each other with respect during Council meetings. When expressing criticism, Council Members will POLICYAND PROCEDURE-------------------------------------------------------------------------------- NO. C-9 endeavor to criticize work product rather than making personal attacks on staff members. B. In public session, City staff members will address Council members, utilizing Mayor, Councilman, Councilwoman, or Council Member. Council Members will address all staff members utilizing Mr., Mrs., or Ms. rather than the person's first name. C. City staff acknowledges that the Council is the City's policymaking body. The City Council acknowledges that staff administers the Council's policies. D. The Council, as the overall policy-making body, holds the City Manager responsible for the administration of the City Departments. The overall internal administration by the City Manager is necessary in order to assure efficient and economic operations of the various departments in accordance with Council direction. E. The Council acting as a body will direct the City Manager on all major or new issues. A Council Member will not initiate any action or have prepared any report that is significant in nature or initiate any project or study without the approval of the City Council. F. All written information material requested by individual Council Members will be submitted by staff to all Council Members with the notation indicating which Council Member requested the information. G. Council will not attempt to coerce or influence staff in the making of appointments, the awarding of contracts, the selection of consultants, the processing of development applications, or the granting of City licenses or permits. H. Mail addressed to the Mayor and City Council will be circulated by the Department of the City Manager to the City Council along with either a response approved by the Mayor and City Manager or information about how the response is being handled. The Mayor's response, when appropriate, and the original communication, will be submitted to Council Members for their information. Mail addressed to individual Council Members will be given directly to the respective member. Members may respond personally to the mail or may request a response from City staff if the issue and/or situation is/are appropriate. I. Team sensitivity and support is important. Once a final decision is reached, it will be accepted, supported and implemented by staff as well as the full City Council. POLICY AND PROCEDURE---------------------------------------------------------------------------------- NO. C-9 7. INDIVIDUAL COUNCIL MEMBER ETHICS AND RESPONSIBILITIES A. City Council Members will keep all written and oral information provided on matters that are confidential under State law in strict confidence to insure that the City's position is not compromised. No dissemination of information or materials will be made to anyone, except Council Members, City Attorney, City Manager or Deputy City Manager. B. If the City Council, in closed session, has provided direction to City staff on proposed terms and conditions for any type of negotiations, whether it be related to property acquisition or disposal, a proposed or pending claim(s) or litigation, and/or employee negotiations, all contact with the other party will be through the designated City person(s) representing the City in the handling of the negotiations or litigation. A Council Member will not have any contact or discussion with the other party or its representative involved with the negotiation during this time and will not communicate any discussion conducted in closed sessions without prior approval of the City Council. C. Frequent communication is an important and integral part of Council relationships and will be the standard of operation. D. Council approach to authority is collaborative rather than individual. E. Council Members will keep an open mind on all issues. F. Council Members, on matters pertaining to upcoming or anticipated quasi-judicial items as to which a public hearing will be held, will maintain as near neutral position as possible to assure not only the appearance but the actual degree of impartiality that is attendant to our community responsibility. 8. USE OF CITY MEDIA A. "City Media" means official City stationery and all other documents to which the City logo or insignia is officially or unofficially affixed; the use of City -owned equipment for the electronic transmission of information; and any other instrumentality or medium of communication which appears to be an official communication of the City. "City Media" shall not include business cards or individualized City Council stationery. The use of City - owned equipment for the electronic transmission of information is regulated by separate City of Diamond Bar Policy and Procedure A-2, "Computer Use Policy." B. City Media shall be used by City Council Members solely to POLICY AND PROCEDU NO. C-9 communicate an official City policy, position or response to an inquiry. City Media shall not be used to advocate for or against a candidate for political office. C. Individualized City Council stationery may be used for any purpose germane to the performance of City Council duties or a Council Member's status as a public official. It shall not be used to solicit votes, endorsements or funds in connection with a political campaign for re- election to the City Council. City business cards may be used for identification purposes. D. Any use of City Media by city elected and appointed officials outside proscriptions of Paragraph iii above is strictly prohibited, and subjects the user to any or all of the following: a. Censure. b. Removal from City Council committee assignments. C. Suspension of City sponsored attendance at conferences, meetings, workshops, seminars and similar gatherings. d. Discontinuance of City credit card use. e. Discontinuance of use of City equipment including but not limited to, automobiles, computers and software and copying machines. f. Any other sanctions or removal of privileges deemed appropriate by the City Council. CITY COUNCIL Agenda Meeting Date: September 6, 2005 AGENDA REPORT TO: Honorable Mayor and Members of he City Council VIA: Linda C. Lowry, City Manager 6 TITLE: Approve a Contract Amendment with Warren C. Siecke for Design Engineering Services for Traffic Signal Modifications for Diamond Bar Boulevard at Shadow Canyon Drive, Diamond Bar Boulevard at Highland Valley Road, and Golden Springs Drive at Prospectors Road in the Amount of $15,000.00, and Authorize a Contingency Amount of $1,500.00 for Change Orders to be Approved by the City Manager, for a Total Authorization Amount of $16,500.00. RECOMMENDATION: Approve the contract amendment. FINANCIAL IMPACT: As part of the FY 2005-06 Budget, these three (3) traffic signal modifications were included as Capital Improvement Projects and approved by Council. Proposition C Funds in the amount of $100,000 for each intersection were appropriated for a total of $300,000 for design and construction. The $16,500.00 will be used for the preparation of the Plans, Specifications and Estimate with $283,500 remaining for construction. BACKGROUND: The residents of the neighborhoods bounded by Flintlock Road to the west, Saphire Canyon Road to the south, and Del Sol Lane to the east have raised concerns over access into their neighborhood from the intersection of Diamond Bar Boulevard and Highland Valley Road. This is a signalized intersection; however, there are no protected left -turn signals for northbound or southbound Diamond Bar Boulevard. As a result, residents attempting to turn left from southbound Diamond Bar Boulevard onto Highland Valley Road face a steady line of vehicles during peak traffic hours. The proposed modifications to the traffic signal would include a protected left turn for both northbound and southbound Diamond Bar Boulevard. The intersection of Diamond Bar Boulevard and Shadow Canyon Drive was previously identified by staff and the City's traffic engineer as one of the intersections in need of signal modifications. Currently, there is no protected left turn signal for the residents entering Shadow Canyon Drive from southbound Diamond Bar Boulevard. These modifications would include a protected left -turn signal as well as pavement striping to better utilize the street width to accommodate dedicated left turn lanes for southbound Diamond Bar Boulevard (turning into Shadow Canyon Drive). Additionally, the intersection of Golden Springs Drive and Prospectors Road was previously identified by staff and the City's traffic engineer as another intersection in need of signal modifications. Currently, there is no protected left -turn signal for the residents entering Prospectors Road from northbound Golden Springs Drive. These modifications would include a protected left -turn signal as well as pavement striping to better utilize the street width to accommodate dedicated left -turn lanes for northbound Golden Springs Road (turning into Prospectors Road). By combining these three intersections as one project, we can take advantage of the economy of scale, and may realize some savings. DISCUSSION: Warren C. Siecke is the City's primary traffic and transportation on-call consultant. In response to staff's request, Mr. Siecke submitted a proposal to provide the required traffic engineering services for all three projects. The scope of services will include design, drafting of plans, and preparation of contract specifications and estimates for construction of the traffic signal modifications, striping and signage. The project schedule is tentatively set as follows: Start Project Design Complete Design Award Construction Start Construction Construction Completion PREPARED BY: Javier Peraza, Management Analyst REVIEWED BY: David G. Liu, Director of Public Works September 26, 2005 October 21, 2005 December 6, 2005 January 2, 2006 March 3, 2006 Date prepared: August 29, 2005 in � - JamVs DeStefan , Assis nt City Manager Attachment: Warren C. Siecke's Proposals, dated August 7, 2005 11 AMENDMENT NO. 11 TO THE CONSULTING SERVICES AGREEMENT This Amendment No. 11 to the Agreement is made and entered into this 6th day of September, 2005, between the CITY OF DIAMOND BAR, a Municipal Corporation (hereinafter referred to as "CITY") and WARREN C. SIECKE TRAFFIC & TRANSPORTATION ENGINEERING (hereinafter referred to as "CONSULTANT"). A. RECITALS: (i) The CITY has heretofore entered into an Agreement, with Consultant to provide Professional Traffic Engineering Services, which the Agreement was dated October 16, 2001. (ii) The CONSULTANT submitted a proposal, a full, true and correct copy of which is attached hereto as Exhibit "A" to provide design services for the Traffic Signal Modifications at Diamond Bar Boulevard/Shadow Canyon Drive, Diamond Bar Boulevard/Highland Valley Road and Golden Springs Drive/Prospectors Road. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT: Section 1: Section I.A. Scope of Services of the Agreement is hereby amended to read as follows: A. Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit "A", dated August 7, 2005, for design services for the Traffic Signal Modifications at Diamond Bar Boulevard/Shadow Canyon Drive, Diamond Bar Boulevard/Highland Valley Road and Golden Springs Drive/Prospectors Road. Section 2: Section 3 of the Agreement is hereby amended to read as follows: 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 Exhibits "A". 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 ($15,000.00) dollars." Section 3: Each party to this Amendment No. 11 acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Amendment No. 11 shall be valid and binding. Any modification of this Amendment No. 11 shall be effective only if it is in writing signed by the parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement No. 11 as of the day and year first set forth above: APPROVED AS TO FORM: By: - — City Attorney ATTEST: CITY OF DIAMOND BAR Linda C. Lowry, City Clerk CONSULTANT: WARREN C. SIECKE Warren C. Siecke, P.E. Exhibit "A" TRANSPORTATION AND TRAFFIC ENGINEERING August 7, 2005 Mr. David Liu, P.E. Director of Public Works City of Diamond Bar 21825 East Copley Drive Diamond Bar, CA 91765-4177 SUBJECT: Proposal For Traffic Signal Design Diamond Bar Boulevard and Shadow Canyon Drive Diamond Bar Boulevard and Highland Valley Road Golden Springs Drive and Prospectors Road Dear Mr. Liu: I am pleased to submit this proposal to provide professional traffic engineering design services for modification of traffic signals at the subject intersection. This is in response to the recent request for proposal from Javier Peraza. SCOPE OF WORK We propose to provide engineering services required for design, drafting of plans, and preparation of specifications for the installation of left turn signals as follows: Diamond Bar Boulevard and Shadow Canyon Drive — Southbound left turn Diamond Bar Boulevard and Highland Valley Road — Northbound and southbound left turn Golden Springs Drive and Prospectors Road — Northbound left turn on Golden Springs Drive More specifically, we will perform the following tasks: 1. Prepare preliminary construction drawings (ink on mylar) to include plan, general details, utility locations, signing and striping for City review and comment. 2. Prepare final plans, specifications and cost estimate to reflect City comments. 3. Provide technical assistance when called on during the bid period. 4. Prepare timing parameters for initial operation. CITY TO PROVIDE It is understood the City will provide, at no cost to us, the following items: 1. Construction drawings of existing street improvements. 20142 CANYON DR., YORBA LINDA, CA 92886-6058 e 714/970-6247 ® FAX 714/779-1644 2. Reproducible copies of general provisions for use in preparation of the specifications. 3. Other pertinent information that may be available in City records. SCHEDULE We are prepared to begin work immediately upon authorization to proceed. We anticipate sixty days will be required to complete the work. FEE Our fee will be a lump sum of $15,000. The fee per intersection is shown in the following table. This fee is based on the understanding that the work at these three intersections will be packaged into a single bid package and specifications. INTERSECTION FEE Diamond Bar Boulevard and Shadow Canyon Drive $4,500 Diamond Bar Boulevard and Highland Valley Road $6,000 Golden Springs Drive and Prospectors Road $4,500 Thank you for the opportunity to submit this proposal. We look forward to working with you on this project. Warren C. Siecke, P.E. Diamond bar\prop dbar highland valley at al CITY COUNCIL Agenda # 6- s Meeting Date: September 6, 2005 AGENDA REPORT TO: Honorable Mayor and Members of�e City Council VIA: Linda C. Lowry, City Manag TITLE: Resolution No. 2005 -XX rescinding Resolution No. 2005-42 and amending the FY 2005-2006 Investment Policy RECOMMENDATION: It is recommended that City Council approve Resolution No. 2005 -XX rescinding Resolution No. 2005-42 and amending the FY 2005-2006 Investment Policy. FINANCIAL IMPACT: None DISCUSSION: Submitted for Council's review and approval is the amended FY 2005-2006 Investment Policy and its accompanying resolution. The proposed investment policy states the goals of the City's investment activities, the types of investments in which the City will invest funds, and the monthly reporting requirements. There were two minor changes made to the approved FY2005-2006 Investment Policy. The first change is on page 5 of the Investment Policy. The positions authorized to invest funds with the approval of the City Treasurer has been changed from Finance Director or Assistant City Clerk to Finance Director or Assistant City Manager. The Assistant City Clerk position is no longer an active position in the City of Diamond Bar. The other change is in the Appendix A - Description of Investments second item down under the Federal Agency Securities. The statement "Investment in these types of securities is limited to 20% of the portfolio" has been removed since most of these investments are issued by U.S. Governmental agencies and are guaranteed by the Federal government. They are considered more secure investment than other commercial bonds. Additionally, this limitation is not required per Government Code 53601 which is the authority governing investments. PREPARED BY: Linda G. Magnuson, Finance Director REVIEWED BY: Department Head Deputy City Manager Attachments: Resolution No: 2005 -XX Investment Policy RESOLUTION NO: 2005- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, RESCINDING RESOLUTION 05-42 IN ITS ENTIRETY AND ADOPTING THE AMENDED INVESTMENT POLICY FY2005-2006 WHEREAS, the City adopted Resolution 2005 — 042 A Resolution of the City of Diamond Bar, County of Los Angeles, State of California, Adopting the Statement of Investment on June 21, 2005, and WHEREAS, the City wishes to amend the City investment policy, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR HEREBY RESOLVES, that Resolution 2005-042 be rescinded in its entirety and that the attached Investment Policy FY2005-2006 (Exhibit A) be adopted as presented. PASSED, ADOPTED AND APPROVED THIS day of 2005 Wen Chang, Mayor I, Linda C. Lowry, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a meeting of the City Council of the City of Diamond Bar held on the day of , 2005, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: Linda C. Lowry City Clerk of the City of Diamond Bar CITY OF DIAMOND BAR INVESTMENT POLICY FY 2005-2006 PURPOSE This Statement is intended to provide guidelines for the prudent investment of the City's temporarily idle cash and to outline the policies for maximizing the efficiency of the City's cash management system. The ultimate goal is to enhance the economic status of the City while protecting its accumulated cash. It is the policy of the City Council to review, update and adopt the City's Investment Policy on an annual basis. INVESTMENT OBJECTIVE The investment of funds of the City of Diamond Bar is directed to the goals of safety, liquidity and yield. The authority governing investments for municipal governments is set forth in the Government Code, Sections 53601, et. seq. 1. Safety. Safety of principal is the foremost objective of the investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective will be to mitigate credit risk and interest rate risk. The City will operate only in those investments that are considered very safe. A. Credit Risk is the risk of loss due to the failure of the security issuer or backer. Credit risk will be mitigated by: Limiting investments to the safest types of securities; Pre -qualifying the broker-dealers with which the City will do business. This will be done via a competitive bid and the response on a questionnaire (Appendix B) submitted by the prospective institution. In addition broker- dealers should be primary, registered investment securities dealers; Diversifying the investment portfolio in order that potential losses on individual securities do not exceed the income generated from the remainder of the portfolio. B. Interest Rate Risk is the risk that the market value of portfolio securities will fall due to a change in general interest rates. Interest rate risk will be mitigated by: PAGE 2 - Investment Policy Structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to their maturation to meet specific operational needs; Operating funds will be invested primarily in shorter term securities. 2. Liquidity. The investment portfolio will remain sufficiently liquid to meet all operating requirements which might be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature at the same time as cash is needed to meet anticipated demands. Additionally, since all possible cash demands cannot be anticipated, the portfolio will consist largely of securities with active secondary or resale markets. 3. Yield. Yield is the potential dollar earnings an investment can provide and sometimes is described as the rate of return. The primary objective of the investment policy of the City of Diamond Bar is SAFETY. Investments shall be undertaken to ensure the preservation of capital in the overall portfolio. The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and cash flow characteristics of the portfolio. Return on investment is of least importance compared to the safety and liquidity objectives described above. Investments are limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. Securities shall not be sold prior to maturity unless one of the following conditions exists: 1) a declining credit security could be sold early to minimize loss of principal; 2) a security swap would improve the quality of yield in the portfolio; or 3) liquidity needs of the portfolio require that a security be sold. POLICY As a General Law city, Diamond Bar operates its accumulated idle cash investments under the prudent man rule. This insures that "...investment shall be made with the exercise of that degree of judgement and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation but for investment considering the probable safety of their capital as well as the probable income to be derived." (CC #2261) This affords the City a broad spectrum of investment opportunities, so long as the investment is deemed prudent and is allowable under current law of the State of California and the regulations of the City of Diamond Bar. The City of Diamond Bar strives to maintain the level of investment of all funds as near 100% as possible, through daily and projected cash flow determinations. Cash management and investment transactions are the responsibility of the Treasurer. PAGE 3 - Investment Policy Investments are allowed in the following media: United States treasury bills, bonds, notes or any other obligations or securities issued by the United States treasury or any other obligation guaranteed as to principal and interest by the United States. Federal agency or United States government-sponsored enterprise obligations, participations or other instruments, including those issued by or fully guaranteed as to principal and interest by federal agencies or United States government-sponsored enterprises. Local Agency Investment Fund (state pool) - Demand Deposits Certificates of Deposit (or Time Deposits), placed with commercial banks and/or savings banks. Negotiable Certificates of Deposit Bankers Acceptances Commercial Paper Medium Term Corporate Notes Passbook Savings Accounts Active Deposits Money Market Funds comprised of investments rated in the highest category by Moody's Investors Services Inc. or by Standard & Poor's Corporation. Repurchase Agreements Prohibited investments include securities not listed above(unless authorized pursuant to section 53601), as well as inverse floaters, range notes, interest only strips derived from a pool of mortgages (Collateralized Mortgage Obligations), and any security that could result in zero interest accrual if held to maturity, as specified in Section 53601.6. (Zero interest accrual means the security has the potential to realize zero interest depending upon the structure of the security. Zero coupon bonds and similar investments that start at a level below the face value are legal because their value does increase.) Government and agency paper are the highest quality investments available in terms of safety and liquidity. Certificates of deposit and savings accounts must be insured or collateralized. Only commercial paper, with A-1 Moody's and P-1 Standard & Poor's ratings, is authorized for purchase. Most investments are highly liquid, with the exception of collateralized and insured certificates of deposit held by banks and savings banks. Maturities are selected to anticipate cash needs, thereby eliminating the need for forced liquidation. Page 4 - Investment Policy Effective January 1, 1989 the Government Code, Section 53601 states..."no investment shall be made in any security, other than a security underlying a repurchase or reverse repurchase agreement authorized by this section, which at the time of the investment has a term remaining to maturity in excess of five years, unless the legislative body has granted express authority to make that investment either specifically or as a part of an investment program approved no less than three months prior to the investment." Therefore longer-term investments (over one year) are limited to maturities of five years or less unless specifically approved by the City Council. Diamond Bar attempts to obtain the highest yield possible when selecting investments, provided that the criteria for safety and liquidity are met. Ordinarily, through a positive yield curve, (i.e., longer term investment rates are higher than those of shorter term maturities), the City attempts to ladder its maturities to meet anticipated cash needs in such a way that longer term investments carry a higher rate than is available in the extremely short term market of 30 days or less. The City is authorized to invest in the Local Agency Investment Fund based upon periodic reviews of the book to market value of the investment pool and an annual review of the goals and strategies of the investment board. If there are changes in the management of the Local Agency Investment Fund, and there is a conflict with the City's investment goals, the City may elect to discontinue investment in LAIF. It should be noted that, per LAIF's investment policy, no more than 10% of its portfolio may be invested in Reverse Repurchase Agreements. Since these types of investments are extremely sophisticated, the City of Diamond Bar chooses not to individually invest in these types of securities but will participate in LAIF's investment pool as long as the percentage of the portfolio remains at 10% or less. POLICY CONSTRAINTS The City operates its investment pool with many State and self-imposed constraints. The City does not purchase or sell securities on margin. The City does not buy stocks or deal in futures or options. The City does not use Reverse Repurchase Agreements for the investment of funds. The City does not invest in Guaranteed Small Business Administration (SBA) Notes. SAFEKEEPING OF SECURITIES The City of Diamond Bar will adopt the operational practice of having all purchased securities delivered, versus payment to a safekeeping account at the City's depository Page 5 — Investment Policy bank. It is recognized this will be to a third party independent custodian under contractual agreement made with the Security Services Division of the chosen bank. Investment transactions will be authorized by the City Treasurer and executed by either the Finance Director or the Assistant City Glee Assistant City Manager. The transactions will be verified via monthly reconciliations by the Senior Accountant. A monthly report of investments will be provided to the City Manager. The required elements of this report are as follows: a) Type of investment b) Institution c) Date of Maturity d) Amount of deposit or cost of security e) Current market value of securities with maturity in excess of twelve months f) Statement relating the report to the Statement of Investment Policy g) Rate of interest h) Statement that there are sufficient funds to meet the next six months' obligations The basic premise underlying the City of Diamond Bar's investment philosophy is to insure that money is always available when needed. Attachment: Appendix A - Description of Investments Appendix B - Broker Dealer Questionnaire Appendix C - Local Agency Investment Fund Description Linda C. Lowry City Manager Appendix A Description of Investments U.S. Treasury Issues are direct obligations of the United States Government. These issues are called bills, notes and bonds. The maturity range of new issues is from 30 days (T -Bills) to 30 years (T -Bonds). These are highly liquid and are considered the safest investment security. Federal Agency Securities are issued by direct U.S. Government agencies or quasi - government agencies. Many of these issues are guaranteed directly or indirectly by the United States Government. Examples of these securities are Federal Home Loan Bank (FHLB) notes, Federal National Mortgage Associations (FNMA) notes, Federal Farm Credit Bank (FFCB) notes, Small Business Administration (SBA) notes, Government National Bank (GNMA) notes, and Federal Home Loan Mortgage Credit (FHLMC) notes. 0 Local Agency Investment Fund (LAIF) is a special fund in the State Treasury which local agencies may use to deposit funds for investment. There is no minimum investment period and the minimum transaction is $5,000, in multiples of $1,000 above that, with a maximum of $40 million for any agency. It offers high liquidity because deposits can be converted to cash in twenty-four hours and no interest is lost. All interest is distributed to those agencies participating on a proportionate share determined by the amounts deposited and the length of time they are deposited. Interest is paid quarterly via direct deposit into the agency's LAIF account. The State keeps an amount for reasonable costs of making the investments, not to exceed one-quarter of one percent of the earnings. Certificates of Deposit are investments for inactive funds issued by banks, savings and loans and credit unions. Investments of $100,000 are insured respectively by Federal Deposit Insurance Corporation (FDIC), Federal Savings and Loan Insurance Corporation (FSLIC) and the National Credit Union Share Insurance Fund (NCUSIF). Certificates of Deposit can be issued from 14 days to several years in maturity allowing the City of Diamond Bar's investment of funds to be matched to cash flow needs. For deposits exceeding $100,000 the financial institution is required to collateralize with 110% government securities collateral. City of Diamond Bar does not accept 150% Collateral (First Trust Deeds) or 105% Letters of Credit (L.C.). Section 53635.2 of, the Government Code prohibits investments in certificates of deposits of state or federal credit unions if any member of the city's governing or managing officers (Council, City manager, Fiscal officers) serves on the credit union board or key committee positions. Page 2 - Appendix A Negotiable Certificates of Deposit are unsecured obligations of the financial institution. These securities are generally issued in bearer form and pay interest at maturity. Although negotiable, a strong secondary market exists only in the NCD's issued by the largest United States banks. Examples of large banks include Bank of America, Citibank, Chase Manhattan, Manufacturers Hanover, etc. These securities generally trade with minimum amounts of $1 million per trade with the average trade in the secondary market of $5 million. Investment in Negotiable Certificates of Deposit is limited to 30% of the investment portfolio per Government Code Section 53601. Bankers Acceptances are short-term credit arrangements to enable businesses to obtain funds to finance commercial transactions. They are time drafts drawn on a bank by an exporter or importer to obtain funds to pay for specific merchandise. By its acceptance, the bank becomes primarily liable for the payment of the draft at maturity. An acceptance is a high grade negotiable instrument. Acceptances are purchased in various denominations for 30 to 180 days but no longer than 180 days. The interest is calculated on a 360 day discount basis similar to Treasury Bills. Investment in Banker's Acceptances is limited to 40% of the investment portfolio per Government Code Section 53601. Commercial Paper is a short term unsecured promissory note issued by a corporation to raise working capital. These negotiable instruments may be purchased at a discount to par value or interest bearing. Commercial paper is issued by corporations such as General Motors Acceptance Corporation (GMAC), Shearson American Express, Bank of America, Wells Fargo Bank, etc. Local agencies are permitted by state law to invest in commercial paper of "prime" quality of the highest ranking or of the highest letter and numerical rating as provided by Moody's Investor's Service, Inc. or Standard & Poors Corporation. Purchases of eligible commercial paper may not exceed 270 days maturity nor exceed twenty five percent of the local agency's total investments. Investment in Commercial Paper is limited to 25% of the total investment portfolio and 10% of the issuing corporation per Government Code Section 53601. Medium Term Corporate Notes are unsecured promissory notes issued by a corporation organized and operating in the United States. These are negotiable instruments and are traded in the secondary market. Medium Term Notes (MTN) can be defined as extended maturity commercial paper. Corporations use these MTN's to raise capital. Examples of MTN issuers are General Electric, GMAC, Citibank, Wells Fargo Bank, etc. Investment in Medium Term Corporate Notes is limited to 30% of the investment portfolio per Government Code 53601. Notes must be rated "A" or better. Page 3 —Appendix A Passbook Savings Account is a certificate of deposit issued in any amount for a non specified amount of time. Interest rate is much lower than CD's but the savings account allows flexibility. Funds can be deposited and withdrawn according to daily needs. Mutual Funds are referred to in the Government Code, Section 53601, K, as "shares of beneficial interest issued by diversified management companies". The Mutual Fund must be restricted by its by-laws to the same investments as the local agency by the Government Code. These investments are Treasury issues, Federal Agency issues, State of California and City (within California) debt obligations, Certificates of Deposit, Repurchase Agreements, Reverse Repurchase Agreements, Financial Futures and Financial Options and Medium Term Corporate Notes. The quality rating and percentage restrictions in each investment category, which are applicable to the local agency also, apply to the Mutual Fund. Additional limitations apply to such management companies or their investment advisors. The City may not invest in a mutual fund, which invests in derivative types of products. The purchase price of shares of mutual funds shall not include any sales commission. Investments in mutual funds shall not exceed fifteen percent of the local agency's investment portfolio. Active Deposits are demand or checking accounts which receive revenues and pay disbursements. Money Market Funds are comprised of short term government securities, certificates of deposit and highly rated commercial paper. Average length of maturity is twenty to fifty days. Money Market Funds are 100% liquid at any time. Repurchase Agreements and Reverse Repurchase Agreements are short term investment transactions. Banks buy temporarily idle funds from a customer by selling him U.S. Government or other securities with a contractual agreement to repurchase the same securities on a future date. Repurchase agreements are typically one to ten days in maturity. The customer receives interest from the bank. The interest rate reflects both the prevailing demand for Federal Funds and the maturity of the REPO. Some banks will execute repurchase agreements for a minimum of $100,000, but most banks have a minimum of $500,000. A reverse -repurchase agreement (reverse -repo) is exactly what the name implies. The City of Diamond Bar does NOT invest in Reverse Repurchase Agreements. Financial Futures and Financial Options are forward contracts for securities. The government code states that a local agency may incur future contracts/options in any of Page 4 — Appendix A the investment securities enumerated in Section 53601 A -N. Due to the volatility of trading in financial futures the City of Diamond Bar does NOT invest in financial futures of financial options. Derivative Products are structured products, which limits, through imbedded options, the flow of principal and or interest to the note holder. This limitation could be on how fast payments are received, how much principal is returned or how high or low a coupon can move. Derivative is also a broad term referring to any security which derives its value from another underlying asset. The City of Diamond Bar does NOT invest in derivative products APPENDIX B CITY OF DIAMOND BAR BROKER/DEALER QUESTIONNAIRE AND CERTIFICATION 1. Name of Firm: RIVIT.r. 3. Telephone:( ) 4. Broker's Representative to the City (attach resume): Name: Title: Telephone: 5. Manager/Partner-in-Charge (attach resume) Name: Title: Telephone: 6. List all personnel who will be trading with or quoting securities to City employees (attach resume) Name: Title: Telephone: 7. Which of the above personnel have read the City's investment policy? 8. Is your firm a primary dealer in United States Government Securities? Yes No CITY OF DIAMOND BAR Broker/Dealer Questionnaire and Certification Name of Firm: Page Two 9. List the total volume of United States Government and Agency Securities for the last calendar year. Firm -wide Your local office $ No. of Transactions No. of Transactions 10. Which instruments are offered regularly by your local office? _ Treasury Bills _ Treasury Notes/Bonds _ BA's (domestic) _ BA's (foreign) _ Commercial Paper _ Agencies (specify): _ CMO's _ Bank CD's S&LCD's _ Repos _ Reverse Repos _ Other (specify): 11. References -- Please identify your most directly comparable public sector clients in our geographical area. Entity _ Contact _ Telephone I Client Since 12. Have any of your clients ever sustained a loss on a securities transaction arising from a misunderstanding or misrepresentation of the risk characteristics of the instrument? If so, explain. CITY OF DIAMOND BAR Broker/Dealer Questionnaire and Certification Name of Firm: Page Three 13. Has your local office ever subject to a regulatory or state/federal agency investigation for alleged improper, fraudulent, disreputable or unfair activities related to the sale of securities? Have any of your employees been so investigated? If so explain 14. Has a client ever claimed in writing that your firm was responsible for investment losses? If so, explain. 15. Explain your normal custody and delivery process. Who audits these fiduciary systems? Can you meet safekeeping requirements? 16. How many and what percentage of your transactions failed Last month? Last year? 17. Describe the capital line and trading limits of the office that would conduct business with the City of Diamond Bar. 18. Does your firm participate in the S.I.P.C. insurance program if not, explain. CITY OF DIAMOND BAR Broker/Dealer Questionnaire and Certification Name of Firm: Page Four 19. What portfolio information, if any, do you require from your clients? 20. What reports, transactions, confirmations and paper trail will the City receive? 21. Does your firm offer investment training to your clients? Yes No 22. Please enclose the following: Latest audited financial statements. Samples of reports, transactions, and confirmations the City will receive. Samples of research reports and/or publications that your firm regularly provides to clients. Complete schedule of fees and charges for various transactions. CITY OF DIAMOND BAR Broker/Dealer Questionnaire and Certification Name of Firm: Page Five ***CERTIFICATION*** I hereby certify that I have personally read the Statement of Investment Policy of the City of Diamond Bar, and have implemented reasonable procedures and a system of controls designed to preclude imprudent investment activities arising out of transactions conducted between our firm and the City of Diamond Bar. All sales personnel will be routinely informed of the City's investment objectives, horizons, outlooks, strategies and risk constraints whenever we are so advised by the City. We pledge to exercise due diligence in informing the City of Diamond Bar of all foreseeable risks associated with financial transactions conducted with our firm. Under penalties of perjury, the responses to this questionnaire are true and accurate to the best of my knowledge. Signed Title Date Countersignature* Date kiffin * Company president or person in charge of government securities operations. LAIF Introduction Page 1 of 2 California State Treasurer's Office Search Appendix c Phil Angelides, State Treasurer Contact August 31, 2005 Local Agency Investment Fund Program Description The Local Agency Investment Fund (LAIF), is a voluntary program created by statute; began in 1977 as an investment alternative for California's local governments and special districts and it continues today under Treasurer Phil Angelides' administration. The enabling legislation for the LAIF is Section 16429.1 at seq. of the California Government Code. This program offers local agencies the opportunity to participate in a major portfolio, which invests hundreds of millions of dollars, using the investment expertise of the Treasurer's Office investment staff at no additional cost to the taxpayer. This in-house management team is comprised of civil servants who have each worked for the State Treasurer's Office for an average of 20 years. The LAIF is part of the Pooled Money Investment Account (PMIA). The PMIA began in 1953 and oversight is provided by the Pooled Money Investment Board (PMIB) and an in-house Investment Committee. The PMIB members are the State Treasurer, Director of Finance, and State Controller. The Local Investment Advisory Board (LIAB) provides oversight for LAIF. The Board consists of five members as designated by statute. The Chairman is the State Treasurer or his designated representative. Two members qualified by training and experience in the field of investment or finance, and the State Treasurer appoints two members who are treasurers, finance or fiscal officers or business managers employed by any county, city or local district or municipal corporation of this state. The term of each appointment is two years or at the pleasure of the appointing authority. All securities are purchased under the authority of Government Code Section 16430 and 16480.4. The State Treasurer's Office takes delivery of all securities purchased on a delivery versus payment basis using a third party custodian. All investments are purchased at market and a market valuation is conducted monthly. Additionally, the PMIA has Policies, Goals and Objectives for the portfolio to make certain that our goals of Safety, Liquidity and Yield are not jeopardized and that prudent management prevails. These policies are formulated by investment staff and reviewed by both the PMIB and the LIAB on an annual basis. The State Treasurer's Office is audited by the Bureau of State Audits on an annual basis and the resulting opinion is posted to the STO website following its publication. The Bureau of State Audits also has a continuing audit process throughout the year. All investments and LAIF claims are audited on a daily basis by the State Controller's Office as well as an in-house audit process involving three separate divisions. Under Federal Law, the State of California cannot declare bankruptcy, thereby allowing the Government Code Section 16429.3 to stand. This Section states that "moneys placed with the Treasurer for deposit in the LAIF by cities, counties, special districts, nonprofit corporations, or qualified quasi -governmental agencies shall not be subject to either of the following: (a) transfer or loan pursuant to Sections 16310, 16312, or 16313, or (b) impoundment or seizure by any state official or state agency." During the 2002 legislative session, California Government Code Section 16429.4 was added to the http://www.treasurer.ca.gov/pmia-laif/laif-prograrn.htm 8/31/2005 LAIF Introduction Appendix C — Page 2 Page 2 of 2 LAIF's enabling legislation. The Section states that "the right of a city, county, city and county, special district, nonprofit corporation, or qualified quasi -governmental agency to withdraw its deposited moneys from the LAI F, upon demand, may not be altered, impaired, or denied in any way, by any state official or state agency based upon the state's failure to adopt a State Budget by July 1 of each new fiscal year." The LAW has grown from 293 participants and $468 million in 1977 to 2,702 participants and $18.6 billion in 2005. STO Home_ I Comments I Privacy Statement Career Opportunities En Espanol © 2005 California State Treasurer's Office http://www.treasurer.ca.gov/pmia-laif/laif-program.htm 8/31/2005 CITY COUNCIL Agenda # ti_Q Meeting Date: Sept 6, 2005 AGENDA REPORT TO: Honorable Mayor and Members of/,e City Council VIA: Linda C. Lowry, City Manager , 1v'L TITLE: Receive, accept and file Proposition A Local Return Fund, Proposition C Local Return Fund and Transportation Development Act Audit Reports for the fiscal years ended June 30, 2004 and 2003. RECOMMENDATION: It is recommended that City Council receive, accept and file Proposition A Local Return Fund (Prop A), Proposition C Local Return Fund (Prop C) and Transportation Development Act Fund (TDA) audit reports for the fiscal years ended June 30, 2004 and 2003. FINANCIAL IMPACT: No Fiscal Impact. BACKGROUND/DISCUSSION: The City of Diamond Bar receives Prop A and Prop C Transit Tax, which is a percentage of sales tax. Los Angeles County Metropolitan Transportation Authority (LACMTA) distributes these revenues on a per capita basis. The Transportation Development Act Article 3 revenues are also allocated by LACMTA. TDA distribution is based on a formula developed by the State. It is required by LACMTA that Prop A, Prop C and TDA funds be audited on an annual basis. The LACMTA auditors Simpson & Simpson, CPA completed their audit in January 2005 for the fiscal years ended June 30, 2004 and 2003. The audits were conducted in accordance with generally accepted accounting principals and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States of America. The rules and regulations of LACMTA, Prop A, Prop C and TDA were also an integral part of the audit. In August 2005, the City received the final versions of the audit. Based on the independent auditor's report, the City has complied with the laws and regulations governing the projects. Per City policy, the Finance Department presents the audited reports for the City Council's review and acceptance. PREPARED BY: Linda G. Magnuson — Finance Director REVIEWED BY: DeparfmdntHead Attachments: Prop A, Prop C and TDA audited reports Deputy City Manager CITY OF DIAMOND BAR ANNUAL FINANCIAL REPORT OF THE PROPOSITION A AND PROPOSITION C LOCAL RETURN FUNDS FOR THE FISCAL YEARS ENDED TUNE 30, 2004 AND 2003 m CITY OF DIAMOND BAR ANNUAL FINANCIAL REPORT PROPOSITION A AND PROPOSITION C LOCAL RETURN FUNDS For the Fiscal Years Ended June 30, 2004 and 2003 TABLE OF CONTENTS FINANCIAL SECTION Independent Auditor's Report Balance Sheets Proposition A Local Return Fund Proposition C Local Return Fund Statements of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Proposition A Local Return Fund Proposition C Local Return Fund Notes to Financial Statements COMPLIANCE SECTION Independent Auditor's Report Schedule of Finding(s) SUPPLEMENTAL INFORMATION Exhibit 1 - Schedule of Expenditures - Actual and Metro Approved Project Budget Proposition A Local Return Fund Proposition C Local Return Fund Exhibit ]A - Schedule of Fixed Assets Proposition A Local Return Fund Proposition C Local Return Fund Exhibit 2 -Exit Conference 2 Page 0 I 7 9 10 13 15 17 18 20 21 22 FINANCIAL SECTION 3600 WILSHIRE BOULEVARD, SUITE 1710 LOS ANGELES, CA 90010 (213) 736-6664 TELEPHONE (213) 736-6692 FAX www.simpsonandsimpsoncpas.com SIMPSON & SIMPSON CERTIHED PUBLIC ACCOUNTANTS POUNDING PARTNEL BRAINARD C SIMPSON. CPA CARL B SIMPSON, CPA IA'DEPEA'DENT A UDITOR'S REPORT January 20, 2005 To the Honorable Members of the City Council of the City of Diamond Bar, California and the Los Angeles County Metropolitan Transportation Authority We have audited the balance sheets of the Proposition A and Proposition C Local Return Funds of the City of Diamond Bar (City) as of June 30, 2004 and 2003, and the accompanying statements of revenues, expenditures, and changes in fund balance for the years then ended. These statements are the responsibility of the City's management. Our responsibility is to express an opinion on these statements based on our audits. We conducted our audits in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audits to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining; on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audits provide a reasonable basis for our opinion. As more fully described in Note 2, the financial statements present only the Proposition A and Proposition C Local Return Funds and are not intended to present fairly the financial position and the results of the operations of the City's total funds in conformity with accounting principles generally accepted in the United States of America. In our opinion, the statements referred to in the opening paragraph present fairly, in all material respects, the financial position of the Proposition A and Proposition C Local Return Funds of the City as of June 30, 2004 and 2003, and the results of its operations and changes in the fund balance for the years then ended, in conformity with the Los Angeles County Metropolitan Transportation Authority (Metro), Proposition A and Proposition C Local Return Programs Guidelines. The accompanying supplemental information listed in the foregoing table of contents is not necessary for a fair presentation of the financial statements referred to in the opening paragraph, but is presented as additional analytical data. 4 C PA The CPA. Never Underestimate The Value."' NON %XX The supplemental information has been subjected to the tests and other auditing procedures applied in the audits of the financial statements and, in our opinion, is fairly stated in all material respects in relation to the financial statements taken as a whole. This report is intended solely for the information and use of the City and the Los Angeles County Metropolitan Transportation Authority (Metro) and it should not be used for any other purpose. This restriction is not intended to limit the distribution of this report which, upon acceptance by the City and Metro is a matter of public record. J/-41 . (' 7 AP ' Los Angeles, California CITY OF DIAMOND BAR PROPOSITION A LOCAL RETURN FUND BALANCESHEET June 30 2004 2003 ASSETS Cash $ 1,549,393 $ 1,491,026 Metro Receivable 0 78,979 Total Assets $ 1,549,393 $ 1,570,005 LIABILITIES AND FUND BALANCE Liabilities Accounts Payable Accrued Payroll Total Liabilities Fund Balance Restricted Total Fund Balance Total Liabilities and Fund Balance $ 89,832 $ 103,284 4,317 1,637 94,149 104,921 1,455,244 1,465,084 1,455,244 1,465,084 $ 1,549,393 $ 1,570,005 The notes are an integral part of these financial statements. n. CITY OF DIAMOND BAR PROPOSITION A LOCAL RETURN FUND STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL For the Fiscal Year Ended June 30, 2004 (With Comparative Totals for the Fiscal Year Ended June 30, 2003) The notes are an integral part of these financial statements. 7 2004 Variance Favorable (Un- 2003 Budget Actual favorable) Actual Revenues Proposition A (Note 4) $ 803,130 $ 805,897 $ 2,767 $ 763,820 Interest Income (Note 5) 30,000 20,670 (9,330) 26,717 Project Generated Revenue (Note 6) 550,000 529,330 (20,670) 517,930 Total Revenues 1,383,130 1,355,897 (27,233) 1,308,467 Expenditures Various Projects (Exhibit 1) 945,500 1,365,737 (420,237) 1,006,768 Total Expenditures 945,500 1,365,737 (420,237) 1,006,768 Excess (Deficit) of Revenues Over Expenditures 437,630 (9,840) (447,470) 301,699 Fund Balance at Beginning of Year 1,465,084 1,465,084 0 1,163,385 Fund Balance at End of Year $ 1,902,714 $ 1,4551244 $ (447,470) $ 1,465,084 The notes are an integral part of these financial statements. 7 CITY OF DIAMOND BAR PROPOSITION C LOCAL RETURN FUND BALANCESHEET June 30 2004 2003 ASSETS Cash $ 581,331 $ 1,133,255 Metro Receivable 0 65,507 Total Assets $ 581,331 $ 1,198,762 LIABILITIES AND FUND BALANCE Liabilities Liabilities Total Liabilities Fund Balance Restricted Total Fund Balance Total Liabilities and Fund Balance $ 0 $ 0 0 0 581,331 1,198,762 581,331 1,198,762 $ 581,331 $ 1,198,762 The notes are an integral part of these fnancial statements. E: CITY OF DIAMOND BAR PROPOSITION C LOCAL RETURN FUND STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL For the Fiscal Year Ended June 30, 2004 (With Comparative Totals for the Fiscal Year Ended June 30, 2003) Expenditures Various Projects (Exhibit 1) 2,301,608 2004 996,282 592,416 Total Expenditures 2,301,608 1,305,326 Variance 592,416 Excess (Deficit) of Revenues Favorable Over Expenditures (1,622,608) (617,431) (Un- 2003 Fund Balance at Beginning Budget Actual favorable) Actual Revenues 1,198,762 1,198,762 0 1,129,227 Proposition C (Note 4) $ 659,000 $ 670,980 $ 11,980 $ 633,444 Interest Income (Note 5) 20,000 16,915 (3,085) 28,507 Total Revenues 679.000 687,895 8,895 661,951 Expenditures Various Projects (Exhibit 1) 2,301,608 1,305,326 996,282 592,416 Total Expenditures 2,301,608 1,305,326 996,282 592,416 Excess (Deficit) of Revenues Over Expenditures (1,622,608) (617,431) 1,005,177 69,535 Fund Balance at Beginning of Year 1,198,762 1,198,762 0 1,129,227 Fund Balance at End of Year $ (423,846) $ 581,331 $ 1,005,177 $ 1,198,762 The notes are an integral part of these financial statements. 0 CITY OF DIAMOND BAR PROPOSITION A AND PROPOSITION C LOCAL RETURN FUNDS NOTES TO FINANCIAL STATEMENTS For the Fiscal Years Ended June 30, 2004 and 2003 NOTE 1 - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Fund AccounlinQ The operations of the Proposition A and Proposition C Local Return Funds (PALRF and PCLRF) are accounted for in separate sets of self -balancing accounts that comprise its assets, liabilities, fund balance, revenue and expenditures. PALRF and PCLRF represent 25% and 20%, respectively, of the '/2 cent Proposition A and 1/2 cent Proposition C sales taxes which are distributed to the jurisdictions within Los Angeles County based on population and must be used exclusively for transportation related programs and projects. Basis ofAccountinp PALRF and PCLRF are accounted for in a Special Revenue Fund, using the modified accrual basis of accounting whereby revenues are recognized when they become both measurable and available to finance expenditures of the current period and expenditures are generally recognized when the related fund liabilities are incurred. Budgets and Budgetary Accounting The budgeted amounts presented in this report for comparison to the actual amounts are presented in accordance with accounting principles generally accepted in the United States of America. NOTE 2 - ANNUAL FINANCIAL STATEMENTS The financial statements are intended to reflect the financial position, results of its operations and compliance with the Proposition A and Proposition C Local Return Program Guidelines, published by Metro for the Proposition A and Proposition C Local Return Funds only. NOTE 3 - PROPOSITION A AND PROPOSITION C LOCAL RETURN COMPLIANCE REQUIREMENT In accordance with Proposition A and Proposition C Local Return Progrant Guidelines, funds received pursuant to these guidelines may only be used for Proposition A and Proposition C Local Return programs. These notes are an integral part of the preceding financial statements. 10 CITY OF DIAMOND BAR PROPOSITION A AND PROPOSITION C LOCAL RETURN FUNDS NOTES TO FINANCIAL STATEMENTS For the Fiscal Years Ended June 30, 2004 and 2003 (Continued) NOTE 4 - PROPOSITION A AND PROPOSITION C REVENUES Proposition A and Proposition C revenues are as follows: 2004 2003 Proposition A Local Return Fund $. 805,897 $ 763,820 Proposition C Local Return Fund $ 670,980 $ 633,444 NOTE 5- REVENUE -INTEREST The PALRF and PCLRF cash balances were pooled with various other City funds for deposit and investment purposes. The share of each fund in the pooled cash account was separately maintained and interest income was apportioned to the participating funds based on the relationship of their average monthly balances to the total of the pooled cash and investments. NOTE 6 - PROJECT GENERATED REVENUE The project generated revenue for Proposition A in the amounts of ^$529,330 and $517,930 for fiscal years 2003/04 and 2002/03, respectively, was generated from the sale of bus passes which was associated with the Transit Subsidy Program. These notes are an integral part of the preceding financial statements. 11 COMPLIANCE SECTION 12 WO WILSHIRE BOULEVARD, SUITE 1710 LOS ANGELES CA 90010 (213) 7366664 TELEPHONE (213) 736-6692 FAX x wNesimpsonandsimpsoncpassom SIMPSON & SIMPSON CERT TED PUBLIC ACCOUNFAMS PounlDwG PARTNERS BMINARD C SIMPSON, CPA INDEPENDENT AUDITOR'S REPORT CARL B SIMPSON, CPA January 20, 2005 To the Honorable Members of the City Council of the City of Diamond Bar, California and the Los Angeles County Metropolitan Transportation Authority We have audited the balance sheets and statements of revenues, expenditures, and changes in fund balance of the Proposition A and Proposition C Local Return Funds of the City of Diamond Bar (City) for the years ended June 30, 2004 and 2003, and have issued our report thereon dated January 20, 2005. Our audits were made in accordance with auditing standards generally accepted in the United States of America; the rules and regulations of the Los Angeles County Metropolitan Transportation Authority (Metro); the Proposition A and Proposition C Local Return Guidelines; and accordingly, included such tests of the accounting records and such other auditing procedures as we considered necessary under the circumstances. The management of the City is responsible for the City's compliance with the laws and regulations of Metro and the Proposition A and Proposition C Local Return Guidelines. The following projects were reviewed and tested: Proposition A Local Return Fund Transit Subsidy Program Dial -A -Cab Service for Senior & Disabled Transportation Planning SGVCOG Recreational Transit Proposition C Local Return Fund Traffic Signal Installation — Diamond Bar Blvd./N57 Freeway Ramp Traffic Signal Modification — Pathfinder Rd./ Brea Canyon Road Traffic Signal Modification — Brea Canyon Rd./Lycoming Street Traffic Signal Installation — Pathfinder Rd./ Diamond Bar High School Traffic Signal Installation — Grand Ave./ Summitridge Park Community & Senior Center Traffic Signal Installation — Golden Springs Dr./Adel Ave. 13 Proposition A Fund Exchange Holiday Ride Transit Security Administration Traffic Signal Installation—Diamond Bar Blvd./Silver Hawk Dr. Traffic Signal Installation — Diamond Bar Blvd./Clear Creek Canyon Dr. Traffic Signal Installation — Golden Springs Dr./Sylvan Glen Rd. Traffic Signal Modification — Pathfinder Rd./Evergreen Spring Dr. Traffic Signal Modification — Golden Spring Dr./Ballena Dr. Traffic Signal Installation — Golden Springs Dr./Highknob Rd. CP0 The CPA. Never Underestimate The Value'. R Based on our audits, we found that, for the items tested, the City complied with the laws and regulations governing the projects listed above, except as explained in the Schedule of Finding(s). Further, based on our audits, for the items not tested, nothing came to our attention to indicate that the City had not complied with the laws and regulations governing the projects. This report is intended solely for the use of the City and Metro and should not be used for any other purpose. This restriction is not intended to limit the distribution of this report which, upon acceptance by the City and Metro is a matter of public record. Los Angeles, California 14 CITY OF DIAMOND BAR PROPOSITION A AND PROPOSITION C LOCAL RETURN FUNDS SCHEDULE OF FINDING(S) For the Year Ended June 30, 2004 No. Noncompliance City Management Comments The oversight will be corrected in the future. I. Section VIII.A of the Metro Proposition A and C Local Return ProQrant Guidelines requires the local jurisdiction to submit a Project Description Form (Form A) and receive Metro's approval prior to the expenditure of funds for any changes in budget or scope of 25 percent or more on transit service, paratransit service and administration projects. The City exceeded Metro's approved budget by 25% or more for the Administration project. The City did not submit a revised Form A and did not receive approval from Metro prior to the expenditure of funds. We recommended that the City obtain approval from Metro prior to the expenditure of funds which has a budget or scope change of 25 percent or more. 15 SUPPLEMENTAL INFORMATION 16 EXHIBIT 1 CITY OF DIAMOND BAR PROPOSITION A LOCAL RETURN FUND SCHEDULE OF EXPENDITURES - ACTUAL AND METRO APPROVED PROJECT BUDG ET For the Fiscal Year Ended June 30, 2004 (With Comparative Actual Amounts for Fiscal Year Ended June 30 2003) Project 83,962 Metro Code Description Budget 01-140 Recreational Transit $ 29,000 $ 04-140 Holiday Ride 12,000 02-160 Bus Stop Bench Maintenance 7,000 02-130 Dial -A -Cab Service for Senior & Disabled 330,000 01-250 Transit Subsidy Program 155,000 01-480 Administration 53,000 02-480 Transportation Planning SGVCOG 8,000 01-230 Transit Security 1,500 01-405 Proposition A Fund Exchange 350,000 Total Expenditures Actual 32,086 $ 3,530 0 Variance (fiver) Under (3,086) 8,470 7,000 246,038 83,962 656,446 (501,446) o) 69,430 (16,430) (2) 7,080 1,127 350,000 920 373 0 $ 945,500 $ 1,365,737 $ (426,237) (1) The true variance is calculated as follows: Metro Budget Total Expenditures $ 656,446 Less: Project Generated Revenue (529,330) PALRF Expenditures True Variance (Over)/Under (2) See Schedule of Finding(s). 17 $ 155,000 127,116 $ 27,884 2003 Actual $ 25,882 5,110 9,370 265,288 651,077 42,532 6,972 537 0 $ 1,006,768 EXHIBIT I CITY OF DIAMOND BAR PROPOSITION C LOCAL RETURN FUND SCHEDULE OF EXPENDITURES - ACTUAL AND METRO APPROVED PROJECT BUDGET For the Fiscal Year Ended June 30, 2004 (With Comparative Actual Amounts for Fiscal Year Ended June 30, 2003) Variance Project Metro (Over) Code Project Name Budget Actual Under 02-450 Brea Canyon & Brea Canyon 0.$ 0 $ 0 S 2003 Actual 65,112 134,500 Street Improvements $ 03-400 Traffic Signal Installation - 124,700 Diamond Bar Blvd. & N57 120,658 Freeway Ramp 05-400 Traffic Signal Installation - 120,158 Diamond Bar Blvd. & Silver 147,500 Hawk Drive 06-400 Traffic Signal Installation - 268,420 Diamond Bar Blvd. & Clear (45,804) Creek Canyon Drive 07-400 Traffic Signal Installation - 1,900 Golden Springs Dr./Sylvan 156,494 Glen Rd. 08-400 Traffic Signal Installation - 153,250 Grand Ave./Summit Ridge 32,267 Park 09-400 Traffic Signal Modification - Pathfinder Rd./Brea Canyon Road 10-400 Traffic Signal Modification - Pathfinder Rd./Evergreen Spring Dr. 11-400 Traffic Signal Installation Brea Canyon Rd./Lycoming Street 12-400 Traffic Signal Installation - Golden Springs Dr./ Ballena Dr. 13-400 Citywide Traffic Signal Timing Project 0.$ 0 $ 0 S 2003 Actual 65,112 134,500 4,042 130,458 126,902 124,700 4,042 120,658 131,642 124,200 4,042 120,158 127,979 147,500 12,919 134,581 111,554 268,420 314,224 (45,804) 0 156,494 154,594 1,900 17,253 156,494 153,536 2,958 2,132 153,250 120,983 32,267 4,193 201,050 160,790 40,260 4,193 105,000 0 105,000 0 In EXHIBIT 1 CITY OF DIAMOND BAR PROPOSITION C LOCAL RETURN FUND SCHEDULE OF EXPENDITURES - ACTUAL AND METRO APPROVED PROJECT BUDGET For the Fiscal Year Ended June 30, 2004 (With Comparative Actual Amounts for Fiscal Year Ended June 30, 2003) (Continued) Project Code Project Name 14-400 Traffic Signal Installation Pathfinder Rd./ Diamond Bar High School 15-400 Traffic Signal Installation - Pathfinder Rd./Peaceful Hills Rd. 16-400 Traffic Signal Installation - Golden Springs Dr./Adel Ave. 17-400 Traffic Signal Installation - Golden Springs Dr./ Highknob Rd. Total Expenditures Variance Metro (Over) Budeet Actual Under $ 165,000 $ 123,434 $ 41,566 165,000 0 165,000 225,000 131,714 93,286 175,000 121,006 53,994 $ 2,301,608 $ 1,305,326 $ 996,282 19 2003 Actual $ 1,456 0 0 0 $ 592,416 CITY OF DIAMOND BAR PROPOSITION A LOCAL RETURN FUND SCHEDULE OF FIXED ASSETS June 30, 2004 Date Balance Acquired Description 7/1/03 Additions None $ 0 $ Totals $ 0 $ 20 EXHIBIT I A Balance Deletions 6/30/04 $ $ 0 0 $ 0 $ 0 EXHIBIT I A CITY OF DIAMOND BAR PROPOSITION C LOCAL RETURN FUND SCHEDULE OF FIXED ASSETS June 30, 2004 Date Balance Balance Acquired Description 7/l/03 Additions Deletions 6/30/04 None $ 0 $ $ $ 0 Totals $ 0 $ 0 $ 0 $ 0 21 EXHIBIT 2 CITY OF DIAMOND BAR PROPOSITION A AND PROPOSITION C LOCAL RETURN FUNDS EXIT CONFERENCE June 30, 2004 An exit conference was held on January 20, 2005, at the City of Diamond Bar. Those in attendance were: Simpson & Simpson Representative: Manny Salas, Auditor City's Representative: Linda Magnuson, Finance Director Matters Discussed: Results of the audit disclosed a noncompliance issue related to Metro Proposition A and Proposition C Local Return Program Guidelines. 22 Simpson & Simpson, CPAs 3600 Wilshire Boulevard #1710 Los Angeles, CA 90010 RE: CITY OF DIAMOND BAR ANNUAL FINANCIAL REPORT OF THE PROPOSITION A AND PROPOSITION C LOCAL RETURN FUNDS FOR THE FISCAL YEARS ENDED JUNE 30, 2004 AND 2003 I have received the annual financial report of the Proposition A and Proposition C Local Return Funds for the years ended June 30, 2004 and 2003 for the City of Diamond Bar and agree with the contents of the report except as indicated below: (Attach additional pages if necessary) Very truly yours, Name Title Date CITY OF DIAMOND BAR ANNUAL FINANCIAL REPORT OF THE TRANSPORTATION DEVELOPMENT ACT ARTICLE 3 FUND FOR THE FISCAL YEARS ENDED JUNE 30, 2004 AND 2003 / CITY OF DIAMOND BAR ANNUAL FINANCIAL REPORT TRANSPORTATION DEVELOPMENT ACT FUND For the Fiscal Years Ended June 30, 2004 and 2003 TABLE OF CONTENTS FINANCIAL SECTION Independent Auditor's Report Balance Sheet - Section 99234 Statement of Revenues, Expenditures and Changes in Fund Balance - Budget and Actual Notes to Financial Statements SUPPLEMENTAL INFORMATION Schedule of Transportation Development Act Allocation for Specific Projects Schedule of Completed Projects COMPLIANCE SECTION Report on Transportation Development Act Compliance Exit Conference 2 Page 4 6 7 8 11 12 14 15 FINANCIAL SECTION -MM -41 a1ewlIM-P-11 J --N 'tldo o41 -, bd 0 •elep [eollx[eue [euollf.ppe se poluosa.[d s[ jnq `gde.[2e.[ed 2umodo oqj u[ of pa.uajos slua[uajels [e[oueug agldo uo[jejuasa.[d z[ej e .[oj ,C.[ess000u lou s[ slualuoo jo a[gel 2u[o$a.[oj aqj ui pals[[ uo[jeuugju[ [eivau[a[ddns 2u.r/ uedLu000n oqj •ea[.[au[y jo sajelS pol!ufl oql ui poidaooe �[[e[aua2� so[Ilmu[.[d Ou[lunooae ql[m ,Cj[uuojuoo u[ papua uagj snmX oql .[od ooue[eq punj oqj u[ so2uega pue suoijezado sj[ do sl[nsa.[ oql pue `£00Z PUe b00Z `0£ aunt jo se Xl[o oq) do pun,q lay juau[do[anaQ uo[leliodsmiL oqj 3o uoq[sod [e[aueug aqj `sjoodsa.[ [eualew [[e u[ `f[.nej luasa[d gdez8eied 2?ucuado oqj u[ of pat[adaz sluaa[alels [e[oueug agl `uolutdo .mo u[ •eouau[y jo saleiS pal[un oqj u[ poldooae X[[e.[aua2 so[d.rouud �?upun000e qi!m Si!uuojuoo u[ spun3 [ejol s,,Ci[D aqj 3o suope.[ado oqj 3o sl[nsa[ oqj pue uoq[sod [e[oueug aqj d[i[e3 luosa[d of papuaiu[ jou am pue puna jay juauudo[anaQ uo[jeuodsue.[1 oqj ![uo juasa.[d sluau[alels [e[oueug aqj `Z oloN u[ poquosap '�[[n3 a.[ou[ sy •uo[u[do mo [o3 s[seq o[geuosea.[ e ap!Ao.[d sl[pne zno legl ana[[aq aM •uoileluasa.[d luou[alels [e[oueug j[e.iano aqj i?ucjen[eAa se [tarn se `juamoAmeu[ Cq apew soleunjsa jueog[aes pue porn sa[diouud 5u[lun000e oqj 2u[ss3sse sopn[oui os[e j[pne uy •sluomoi js [e[oueug aqj u[ samso[osep pue slunowe oqj Sugzoddns aauap[Aa `s[seq lsaj e uo `fu[uluBXa sopn[ou[ j[pne uy •luou[alelss-u[ [euajeauui do aazd on sluoms [eioueug oqj zaglagm jnoge aaue.[nsse o[geuosea.[ ucelgo of sj!pne oqj uuo3zad pue ue[d am jegj agnbaz sp.[epuels asogl •eo[.[aeuy3o sajejS Pal!ufl oqj ui paldaaae ii[[unua2 sppepuejs Ou[jipne ql[m aouep.coaoe u[ sl[pne .mo polanpuoa aM •sj[pne ino uo poseq slaomolels asogl uo uo[u[doze ssa[dxa of s[ �jq!q!suodsaj .[np wamo0cu m s,Xi!o oqj 3o ,ijq[q[suodsa.[ oqj an sluawlels osogl -Papua uoy ma,C oqj [o3 aoue[eq pund u[ saduega pue `sa.[nj[puadxo `sanuana[ do juaa[alejs paje[a[ aql pue `£OOZ PUB b00Z `0£ aunt jo se zeg puouce[Q jo �j[o aqj 3o pun3 lay juau[do[3Aoa uo[leuodsue[1 oqj 3o hags oaue[eq aqj pol[pne aneq oM Xluoglny uoilel.[odsue.[1 uelgodo.[jaW Xjunoj sapSuy sol aqj pue e[u[odgeD `zea puou[e[a jo Xj[D oql jo [[ounoo ,Cj[D oql jo szagLuoW a[ge.[ouoH oqj o1 .L Xoctgy S, irouan vLAL�amycit.�QAt7 woo-sud3uosdwispmuosdwis'MMM XVJ Z699 9£L WZ) 3NOHd3Bi4999-9EL �M) 01006 VJ'SJ-BDNV S071 OIQ 31IHS'OTIVA39nou 31➢HS1IM 009E SOOZ `OZ ,(.[enue£ Vd7'NOSdWIS d lAIVJ VdD'MOSMIS 7 OZIVNIVTIu N O SINVJN mDv JNuni od8u1 D NOSMIS -29 NOSMS s elucoppo `solaguy sol •pzooaz aggnd jo .[alleu[ e si oijoVq pue �I!D aql !q aaueldaaae uodn `gaigrn uodw slgl 3o uollnqulscp aql lluxil of papuolui lou sl uollaulsoi scgy •asodind zaglo Cue .io3 pasn aq lou pinogs l[ pue (oilalnl) fluoglnd uo[leuodswul uelgodosloW flunoo s3la2uy sol aql pue SI!D oql jo osn pue uolleuszejul aql ioj Xlalos popualul sl lzoda.i sigj •ologm a se ua)lel sluoLuolels lepueug aql of uo[lep[ ul sloadsal leualem lle uT palels Xplel sl `uoluldo sno ul `pue sluauealels lePueug oql jo sllpne oql ul palldde sampaaoid �3ulllpne .iaglo pue sisal aql of poaafgns uaaq seq uolieuuoi{ul leluauxalddns aqL CITY OF DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND BALANCE SHEET Pertaining to Section 99234 of the Public Utilities Code June 30 The notes are an integral part of these financial statements. 6 2004 2003 ASSETS Cash (Note 3) $ 0 $ 0 Total Assets $ 0 $ 0 LIABILITIES AND FUND BALANCE Liabilities Liabilities $ 0 $ 0 Total Liabilities 0 0 Fund Balance Restricted - Local 0 0 Total Fund Balance 0 0 Total Liabilities and Fund Balance $ 0 $ 0 The notes are an integral part of these financial statements. 6 CITY OF DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL For the Fiscal Year Ended June 30, 2004 (With Comparative Totals for the Fiscal Year Ended June 30, 2003) Revenues Intergovernmental Allocations: Article 3 $ Miscellaneous: Interest Total Revenues Expenditures Construction Total Expenditures Excess (Deficit) of Revenues Over Expenditures Fund Balance at Beginning of Year Fund Balance at End of Year $ The notes are an integral part of these financial statements. 7 2004 Variance Favorable (Un- 2003 Budeet Actual favorable) Actual 0 $ 0 $ 0 $ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $ 0 $ 0 $ 0 The notes are an integral part of these financial statements. 7 CITY OF DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND NOTES TO FINANCIAL STATEMENTS For the Fiscal Years Ended June 30, 2004 and 2003 NOTE I - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Fund Accounting Section 99234 Funds of the Transportation Development Act are pooled with other City monies in the Special Revenue Fund. The Special Revenue Fund accounts for the City's share of the Transportation Development Act allocations which are legally restricted for specific purposes. Basis ofAccounting The Special Revenue Fund is accounted for by using the modified accrual basis of accounting whereby revenues are recognized when they become both measurable and available to finance expenditures of the current period and expenditures are generally recognized when the related fund liabilities are incurred. Budgets and Budgetary Accounting The budgeted amounts presented in this report for comparison to the actual amounts are presented in accordance with accounting principles generally accepted in the United States of America. Comparative Data Comparative total data for the prior year are presented in the accompanying financial statements in order to provide an understanding of the changes in the Transportation Development Act Fund's financial position and its operations. NOTE 2 - ANNUAL FINANCIAL STATEMENTS The financial statements are intended to reflect the financial position, results of its operations and compliance with the Transportation Development Act for the Transportation Development Act Fund only. These notes are an integral part of the preceding financial statements. 0 CITY OF DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND NOTES TO FINANCIAL STATEMENTS For the Fiscal Years Ended June 30, 2004 and 2003 (Continued) NOTE 3 - CASH AND INVESTMENTS Cash is pooled with other City's funds to maximize investment opportunities and yields. Investment income resulting from this pooling is allocated to the respective funds including the Transportation Development Act Fund, based upon their average monthly cash balances. NOTE 4 - TRANSPORTATION DEVELOPMENT ACT COMPLIANCE REQUIREMENTS In accordance with Section 99234, Article 3 of the Public Utilities Code, funds received pursuant to this Code's section may only be used for facilities provided for the exclusive use by pedestrians and bicycles. NOTE 5 - TRANSPORTATION DEVELOPMENT ACT FUNDS RESERVED In accordance with TDA Article 3 (SB821) Guidelines, funds which will not be spent during the fiscal year have been placed on reserve in the Local Transportation Fund (LTF) account with the County Auditor -Controller to be drawn down whenever the funds become eligible for a specific project and an approved draw down request is received by Metro. As of June 30, 2004, the City has funds of $58,415 on reserve which consists of the following: FY 2002/03 Reserve $ 30,131 FY 2003/04 Reserve 28,284 Available Reserve Balance @ 6/30/04 $ 58,415 These notes are an integral part of the preceding financial statements. SUPPLEMENTAL INFORMATION 10 CITY OF DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND SCHEDULE OF TRANSPORTATION DEVELOPMENT ACT ALLOCATION FOR SPECIFIC PROJECTS For the Fiscal Year Ended June 30, 2004 Totals to Date Program Unexpended Project Year Allocations Expenditures Allocations Status Proiect Description Local Allocations None $ 0 $ 0 $ 0 Totals $ 0 $ 0 0 Unexpended Interest Accumulated to Date 0 Fund Balance @ 6/30/04 11 $ 0 CITY OF DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND SCHEDULE OF COMPLETED PROJECTS For the Fiscal Year Ended June 30, 2004 Totals Project Description Allocations Expenditures None $ 0 $ 0 Totals 12 m COMPLIANCE SECTION 13 UA SIMPSON & SIMPSON CFRTIFlED PUBLIC ACCOUNTANTS FOUNDING PARTNERS BRAINARD C SIMPSON, CPA CARL P SIMPSON, CPA 3600 WILSHIRE BOULEVARD, SUITE 1710 LOS ANGELES, CA 90010 (213) 736-6664 TELEPHONE (213) 736-6692 TAX wwm.simpsonandsimpsoncpas.00m REPORT ON TRANSPORTATION DEVELOPMENT ACT COMPLIANCE January 20, 2005 To the Honorable Members of the City Council of the City of Diamond Bar, California and the Los Angeles County Metropolitan Transportation Authority We have audited the balance sheet and statement of revenues, expenditures, and changes in fund balance of the Transportation Development Act Fund of the City of Diamond Bar (City) for the years ended June 30, 2004 and 2003, and have issued our report thereon dated January 20, 2005. Our audits were made in accordance with auditing standards generally accepted in the United States of America and were further made to determine compliance with the Transportation Development Act (TDA); including Section 99234; the rules and regulations of the Los Angeles County Metropolitan ,Transportation Authority (Metro); the 16 tasks contained in the "Guidelines on Auditing for Conformance," published by Metro; and accordingly, included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances. Among the items considered were determination of eligibility of the City to receive funds allocated to it, and propriety of expenditures in accordance with TDA and Metro regulations. In our opinion, our evaluation of compliance factors disclosed that the finds allocated to the City under TDA were accounted for and expended in conformance with TDA and Metro rules and regulations. This report is intended solely for the use of the City and Metro and should not be used for any other propose. This restriction is not intended to limit the distribution of this report which, upon acceptance by the City and Metro is a matter of public record. Los Angeles, California 14 Cp The CPA. Never Underestimate The Value`" CITY OF DIAMOND BAR TRANSPORTATION DEVELOPMENT ACT FUND EXIT CONFERENCE June 30, 2004 An exit conference was held on January 20, 2005, at the City of Diamond Bar. Those in attendance were: Simpson & Simpson Representative: Manny Salas, Auditor City's Representative: Linda Magnuson, Finance Director Matters Discussed. Results of the audit disclosed no significant financial or compliance issues. 15 Simpson & Simpson, CPAs 3600 Wilshire Boulevard #1710 Los Angeles, CA 90010 RE: CITY OF DIAMOND BAR ANNUAL FINANCIAL REPORT OF THE TRANSPORTATION DEVELOPMENT ACT FUND FOR THE FISCAL YEARS ENDED JUNE 30, 2004 AND 2003 I have received the annual financial report of the Transportation Development Act Fund for the years ended June 30, 2004 and 2003 for the City of Diamond Bar and agree with the contents of the report except as indicated below: (Attach additional pages if necessary) Very truly yours, Title Date CITY COUNCIL ry1.0J?N)R T TO: Honorable Mayor and Members of4he City Council VIA: Linda C. Lowry, City Manage, Agenda # 6-10 Meeting Date: September 6, 2004 AGENDA REPORT TITLE: Re -Appropriation of $19,360 from Pro (Transportation Funds) for development of online transit pass software Recommendation: It is recommended that the City Council re -appropriate $19,360 from Prop. A funds to complete the development of a web -based, software application to allow the sale of transit passes via the City's website. Budget/Financial Impact: These funds were originally appropriated in FY04-05 for development of an online Transit Pass System. The original contractor was recently replaced and the original Purchase Order was closed - out which resulted in the funds reverting back to Prop A Reserves. In order to complete the project with another contractor the funds need to be re -appropriated in the current fiscal year. There is approximately $1.3 million in reserved Prop A — Transportation Funds available for this project. Discussion: In May the City Council approved the appropriation of funds that where to be used for services contracted for with Mr. Taylor Murphy to develop a software application that will allow the City to sell transit passes online through its website. Originally the software development services were going to be paid from the City's AB 2766 — Clean Air Funds which had been appropriated in the FY 2004-05 budget for such applications. However, in April of 2005 the City secured permission to utilize Prop A — Transportation Funds for the project. The City receives approximately $65,000 a year in Clean Air Funds with an available fund balance of $120,000. These funds may be utilized for online applications that reduce vehicle trips to City Hall. Each year the City receives $600,000 - $800,000 from Prop A and has a reserve fund balance of approximately $1.3 million. Since AB 2766 funds may be use for a variety of online applications and Prop A can only be used for transit related programs, staff recommends the City Council appropriate Prop A funds for this project ($15,000 software development and $10,000 hardware). The project was to be completed by Mr. Taylor Murphy in August; however the programmer was unable to meet deadlines, so his contract was terminated. In order to complete this project utilizing another contractor the Prop A funds need to be re - appropriated. We expect this project to be in the "Beta Test' phase by the end of September and live by the November transit pass sales cycle. PREP ED B� Ken besforges, Director fo ation Systems 2 REVIEWED BY David Doyle, Assistant City Manager CITY COUNCIL Agenda # 6 11 Meeting Date: September 6 zoos AGENDA REPORT TO: Honorable Mayor and Members oftof e City Council VIA: Linda C. Lowry, City Manag�%%g TITLE: LETTER OF SUPPORT FOR THE FUNDING OF THE STATE ROUTE 71 (SR -71) ULTIMATE EXPANSION PROJECT FROM THE 40% REGIONAL ALLOCATION OF PROPOSITION 42. RECOMMENDATION: Approve. FISCAL IMPACT: There is no fiscal impact to the City based on the approval of this action. BACKGROUND / DISCUSSION: The newly adopted state budget for fiscal year 2005-2006 includes a full restoration of Proposition 42. Proposition 42 devotes all gasoline tax revenues to transportation projects, with 40% of the revenue devoted to regional projects, 40% to local projects, and 20% to transit applications. The expansion of SR -71, which links SR -91 with 1-10 between Corona and Pomona, has been identified as a key factor in improving the traffic congestion on freeways in the "Four Corners" region. This expansion project would have regional significance, as it would benefit commuters, the goods movement system, and air quality in cities throughout Southern California by improving traffic flow and reducing congestion on freeways such as 1-10, 1-15, SR -60, SR -57, and SR -91. An expanded SR -71 would benefit Diamond Bar directly by removing some pressure from the SR-60/SR-57 Interchange in the heart of Diamond Bar. The attached letter to Governor Schwarzenegger voices our support for the funding of the SR -71 expansion project using revenues allocated for regional projects under Proposition 42. Prepared by: Ryan M64ean, Senior Management Analyst Linda Lowry, City Manager Attachments: 1. Draft letter of support for the funding of the State Route 71 Ultimate Expansion Project to Governor Arnold Schwarzenegger. September 1, 2005 Governor Arnold Schwarzenegger State Capitol Building Sacramento, CA 95814 Dear Governor Schwarzenegger The City of Diamond Bar was definitely thankful to see the newly adopted fiscal year 2005-2006 state budget includes full restoration of Proposition 42. With our roads in dire need of repair and congestion on our region's roads increasing exponentially, this funding will play a very important role in ensuring that California's transportation infrastructure is improved today and for future generations. Now, we must wisely choose where to spend these newly available funds. The City of Diamond Bar strongly supports the funding of the State Route 71 ultimate expansion project using the revenues allocated to regional programs as outlined in Proposition 42. Located in the "Four Corners" region of Southern California, where Los Angeles, Orange, Riverside, and San Bernardino Counties meet, an expanded State Route 71 will benefit the entire Southern California area by helping to reduce congestion and on freeways such as 1-10, 1-15, SR -60, and SR -57. These highways serve as major commuter routes as well as essential arterials in the nation's goods movement system. An expansion project would create another alternative for commuters and truckers, improving circulation on freeways and local streets. To maintain the high quality of life of our residents and the stability of California's economy, we must now commit the resources necessary to complete projects like the State Route 71 ultimate expansion. We strongly urge you to make the expansion of SR -71 a top priority using the regional portion of revenues included in Proposition 42. Thank you for your consideration. Respectfully, Wen Chang Mayor CC: City Council Linda Lowry, City Manager Dave Doyle, Assistant City Manager Jim DeStefano, Assistant City Manager Marco Robles, Vice Mayor, City of Pomona MARCO A. ROBLES Vice Mayor, District Number Two r City of Diamond Bar City Manager's Office 21825 Copley Drive Diamond Bar, CA 91765 August 15, 2005 OFFICE OF THE CITY COUNCIL City Hall, Pomona, California 91769 Subject: REQUEST FOR LETTER SUPPORTING THE FUNDING OF THE STATE ROUTE 71 (SR 7.1) ULTINIAI'E EXPANSION PROJECT FROM THE PROPOSITION 42 (PROP 42) 40% REGIONAL PROGRAM. Dear Mayors, Counci]members and Policy Makers: With the adoption of the fiscal year 2005-2006 state budget, Prop 42 has been restored. Under this program, 40% of the revenues are assigned to Regional programs, 40% of the revenues are assigned to Local programs and 20% of the revenues are assigned to Transit programs. The City of Pomona is seeking your support for using the 40% Regional program funding- to undingto fund the State Route (SR 71) ultimate expansion project, The SR 71 project is urgently needed to relieve the congestion on SR 71 between Interstate 10 (1-10) and State Route 60 (SR 60). This intersection is one of the most highly congested in all of California. SR 71 serves residents and businesses in Los Angeles, Orange, Riverside and San Bernardino counties and many of the cities within these counties. These include the cities.of Chino, Chino Hills, Claremont, Corona, Diamond. Bar, La Venue, Montclair, Ontario, Pomona, San Dimas, Upland and tiorba Linda. The SR 71 Ultimate F..xparlsi.on project will relieve the bottleneck between the I-10 and SR 60, providing a k ;y circulation element that would be a viable transportation alternative to th.e I -I S and SR 57. Agenda # 8 . 1 Meeting Date: September 6 2005 CITY COUNCIL R �9 AGENDA REPORT TO: Honorable Mayor and Members of the City Council VIA: Linda C. Lowry, City Manager TITLE: Appointment of Planning Commissioner, Traffic and Transportation Commission, and Parks and Recreation Commissioner RECOMMENDATION: It is recommended that Councilmember Tanaka appoint individuals to fill the Commission seats above and that Council confirm the appointments. FINANCIAL SUMMARY: There is no financial implication associated with the appointments. DISCUSSION: The Diamond Bar Municipal Codes states the following: "Notwithstanding any other term or provision of this chapter, each of the Qnsert Planning, Traffic and Transportation, or Parks and Recreation) commissioners shall be deemed to have resigned from his position on the commission 90 calendar days after the succession of any person, whether by election, reelection or appointment, to the office of the councilmember who appointed, or had the opportunity to appoint, such commissioner, and that commission position shall thereupon be deemed vacant and available for appointment for the otherwise unexpired term, if any." Councilmember Tanaka was elected to the City Council in June 2005. The current commissioners, associated with Councilmember Tanak's seat, were appointed by former Councilmember Bob Huff. The terms for these Commissioners will expire on September 19th, 90 days from the certification of the June 7th election. Therefore, it is appropriate for Councilmember Tanaka to name his appointments to the Commissions. These Commission appointments will become effective on September 20th and will serve until the last day of February 2007 at which time they will be eligible for reappointment. The required Notice of Vacancy for these positions has been posted in accordance with all applicable laws. PREPAR David Doyle, Assistant City Manager TO: FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: CITY CLERK DATE: PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect r name and address as written above. Signore VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL u TO: CITY CLERK FROM: e�.. ' c F:.tCt44� DATE: ADDRESS: �.°d�Gx�,za Rz PHONE: t f ORGANIZATION: r� AGENDA #/SUBJECT: 04 kA, j p I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect m,. name and address as written above. Signature