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11/13/1990
THIS MEETING IS BEING TAPED BY JONES INTE:RCABLEFOR AIRING ON CHANNEL 51, AND By REMAINING IN THE ROOM, YOU ARE GIVING YOUR PERMISSION TO BE TAPED. ALL COUNCIL MEETING TAPES WILL BE BLACKED IMMEDIATELY AFTER AIRING AND WILL BE UNAVAILABLE FOR REPRODUCTION. CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: COUNCIL COMMENTS: Councilmembers are for given at this meeting a future meeting. Next Resolution No. 93 Next ordinance No. 16 3:00 P.M. Mayor Werner COUNCILMEN PAPEN, KIM, KORCHER, MAYOR PRO TEM FORBING, MAYOR WERNER Items raised by individual Council discussion. Direction may be or the item may be scheduled for action at PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity f or 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 f or consideration on this agenda. ?lease complete _a Speaker I 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. CONSENT CALENDAR: The following items listed on the Consent Calendar are considered routine and are approved by a single motion. 1. SCHEDULE FUTURE MEETINGS A. Thanksgiving Holiday - City Offices closed November 22nd & 23rd. B. Planning Commission Meeting - November 26, 1990 - 7:00 p.m. - W.V.U.S.D. Board Room, 880 S. Lemon Ave. C. Parks and Recreation Commission - November 26, 1990 - 6:30 p.m., City Hall D. Regular Council Meeting - December 4, 1990 - 6:00 p.m. - W.V.U.S.D. Board Room, 880 S. Lemon Ave. 2. WARRANT REGISTER - Approve the Warrant Register in the amount of $253,015.21. 3. MINUTES - Approve Amended Minutes of Regular Meeting of October 16, 1990 and Council/Chamber Retreat of October 30, 1990. CITY COUNCIL AGENDA PAGE 2 November 13, 1990 4. RESOLUTION NO. 90 - XX: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER THE SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE 1989 FOR THE STATE 60 FREEWAY TRUCK CLIMBING LANE - Recommended Action: Adopt Resolution No. 90 - xx approving application for grant funds for the Environmental Enhancement and Mitigation Program. 5. RESOLUTION NO. 90 - XX: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE 1989 FOR ROADSIDE RECREATION - Pursuant to the City's desire to expand and improve the bike trail system within the City, staff recommends applying for a bicycle trail grant from the California Transportation Commission in the amount of $1.32,000. Recommended Action: Adopt Resolution No. 90 - XX approving application for grant funds for the Environmental Enhancement and Mitigation Program for Roadside Recreation. 6. BOND EXONERATION - L.A. County Department of Public Works has requested bond exonerations for the following: a) Road Improvements for Tract No. 42580 vicinity of Diamond Bar Blvd. and Golden Springs Dr.; b) Road Improvements for Tract No. 31941 vicinity of Goldrush Dr. and Diamond Bar Blvd; and c) Road Improvements for Tract No. 42582 vicinity of Goldrush Dr. and Diamond Bar Blvd. city Engineer has made a cursory review of the improvements and is in agreement. Recommended Action: Approve work completed, exonerate bonds and direct City Clerk to send Council action to principals involved. 7. COMMISSION HANDBOOKS - To assist the Commissions in carrying out their assigned duties, staff has prepared a Commission Handbook relevant to each Commission. Recommended Action: Approve the Handbooks and direct staff to distribute to all Commissioners. SPECIAL PRESENTATIONS - Proclamations, certificates, etc. 8. CERTIFICATE OF RECOGNITION - Certificate of Recognition to be presented by Mayor Werner to Scott A. Kneeland on CITY COUNCIL AGENDA PAGE 3 November 13, 1990 November 18, 1990 for achieving the status of Eagle Scout. 9. PRESENTATION OF PLAQUE - Presentation of Plaque to (Assemblyman -elect) Councilman Paul Horcher. NEW BUSINESS 10. CITY COUNCIL VACANCY - City Council, pursuant to the Government Code, needs to establish aprocedure for filling the unexpired term of Councilman Horcher (Assemblyman -elect). The Council may appoint wihtin 30 days of vacancy or call an election to be held June,. 1991. Recommended Action: Direct staff as necessary. 11. ORDINANCE NO. XX (1990): AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DIRECTING THAT GENERAL MUNICIPAL ELECTIONS OF THE CITY' OF DIAMOND BAR BE HELD ON THE DAY OF SCHOOL DISTRICT ELECTIONS - As requested by Councilman Forbing. Recommended Action: Direct stuff as necessary. PUBLIC HEARINGS - 3:00 p.m. or as soon thereafter as the matters can be heard. 12. ORDINANCE NO. 14A: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR EXTENDING THE TERM OF AN INTERIMZONING ORDINANCE, ORDINANCE NO. 14 (1990) PURSUANT TO THE PROVISIONS OF CALIFORNIA GOVERNMENT CODE SECTION 65858 AND MAKING FINDINGS IN SUPPORT THEREOF - Consideration of an extension. to the Interim Ordinance pertaining to existing hillside properties with slopes of ten percent or greater. Recommended Action: Receive testimony, waive full reading and approve for first reading Ordinance No. 14A extending the term of an Interim Zoning Ordinance, Ordinance No. 14A (1990). 13. ORDINANCE NO. 15A: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR EXTENDING THE TERM OF AN INTERIM ZONING ORDINANCE, ORDINANCE NO. 15 (1990) PURSUANT TO THE PROVISIONS OF CALIFORNIA GOVERNMENT CODE SECTION 65858 AND MAKING FINDINGS IN SUPPORT THEREOF - Consideration of an extension to the Interim Ordinance pertaining to the C -M, Commercial Manufacturing Zone. Recommended Action: Receive testimony, waive full CITY COUNCIL AGENDA PAGE 4 November 13, 1990 reading and approve for first reading Ordinance No. 15A extending the term of an Interim Zoning Ordinance, Ordinance No. 15A (1990). OLD BUSINESS 14. RESOLUTION NO. 90 - XX: A RESOLUTION OF THE CITY COUNCIL at OF THE CITY OF DIAMOND BTR ESTABLISHING A PERMIT SYSTEM FOR THE COLLECTION AND DISPOSAL OF SOLID WASTE - Establishment of a solid waste collection and disposal permit system, pursuant to Ordinance No. 2 (1990), of the City of Diamond Bar. Recommended Action: Adopt Resolution No. 90 - XX establishing a permit system. for the collection and disposal of solid waste. Furthermore, direct staff to implement a permit system to become effective December 1, 1990. 15. SOLID WASTE COLLECTION AND DISPOSAL FRANCHISE RFP - Discussion of the solid waste collection and disposal request for proposal process, including consideration of either awarding of a franchise or terminating the RFP process and rebidding in the :Late Spring of 1991. Recommended Action: City Council terminate the currently suspended solid waste collection and disposal franchise RFP process and direct staff to prepare a solid waste collection and disposal franchise proposal utilizing a bid specification type format; to be issued in late spring 1991. ANNOUNCEMENTS - This time is set aside for any City Councilmember to direct staff regarding any matters to be discussed at the next regular meeting 5:30 P.M. or soon thereafter 16. Capital Improvement Program - Council & all Commissions Re: Capital Improvement Project/5 yr. General Fund/Resource. CLOSED SESSION Litigation - Section 54956.9 Personnel - Section 54957.6 ADJOURNMENT: Adjourn meeting to November 20, 1990 at 8:00 a.m. at City Hall. VOLUNTARY REQUEST TO ADDRESS TIRE CITY COUNCIL ` REGARDING AGENDA ITEM NO. DATE: TO: City Clerk FROM: t ADDRESS: ORGANIZATION: �- SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and a4dr3�ss as written above. Signature NOTE: All persons may attend eetings and address the City Council. This form is intended to assist td Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. J DATE: 11 -13 - TO: l-13TO: City Clerk FROM: fi ADDRESS: ORGANIZATION: SUBJECT: r/°;,� �- r r� I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name an; address a's written above. f Signature NOTE: All persons may attend" meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. DATE: TO: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. 13 City Clerk VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. 15,4 DATE: TO: City ^ Clerk � FROM: I- 1 vyl Com'+ 1 CUA) SejI1� ADDRESS: A-oldc,j - ORGANIZATION: SUBJECT: J I expect to address the Council on the subject agnd item. Pli Council Minutes reflect my name and address as written above. ` � L>tfGf ori e the:'�q� LJ e/ Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL ' REGARDING AGENDA ITEM NO. IJ' DATE: TO: FROM: ADDRESS: ORGANIZATION: SUBJECT: �r` ✓i/✓�7 Q> )IJ��% c`.���C��/ /Zci mct In Y C'�/L- lYYd� I expect to address e Coun on the subject: agenda item. Pse have the �5 Council Minutes reflect my name and address as written above. City Clerk P- \-Z- ` S ig`nature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. I VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM 110. Signature NOTE: All persons may attend meetings and address the City Council.. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. DATE: TO: City Clerk FROM: 'D�!:iVI6!e ADDRESS: j ORGANIZATION:f,1 - SUBJECT _ I expect to address the Council on the subject: agenda item. Please have the Council Minutes reflect my name end address as written above. Signature NOTE: All persons may attend meetings and address the City Council.. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDINGAGENDAITEM NO. SUBJECT: I expect to address the Council on the subject. agenda item. Please have the Council Minutes reflect my name and address as written above. Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the council are recognized and to ensure correct spelling of names in the Minutes. DATE: TO: City Clerk FROM: ADDRESS: ORGANIZATION: SUBJECT: I expect to address the Council on the subject. agenda item. Please have the Council Minutes reflect my name and address as written above. Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: –V\- C;, U , 1 �3 � 9 1�1 C) TO: City Clerk FROM: �c�cv ��c trn-aU�S ADDRESS: S o� L {� �� f I 0- J ORGANIZATION: SUBJECT: or"l*C7:,y2ia°m ',�, arc, ���v,-�! I ext agenda item. Please have the Council Minutes reflect my name and ,(a4dres-s as written above. j Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM ]JO. ISA DATE: ,i�,�lj'1 _ 7" r/99"9 TO: Cit ,,,Clerk`�� FROM: '- ADDRESS: ORGANIZATION: SUBJECT: I expect to address the Council on the subject: agenda item. Please have the Council Minutes reflect my name and cess as writterr above. s igirature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. 'U Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM 170.1 DATE: TO: City Clerk FROM: ►^� �- /J / e +-,d+C �- t ADDRESS: ORGANIZATION: e- .r p� Q„ SUBJECT: v - �6'G. q Allo l �`' �a+w ��poof/--< yc w OA I expect ` 0 G W L Q �pk to address the Council on the subject agenda item. Pease have the Council Minutes reflect my name and address q;V wrjr-ten-above. 'U Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM ]VO.- DATE: TO: C�ittyy' Clerk FROM: ADDRESS: ORGANIZATION: SUBJECT: zc: I expect to address h Counci Council Minutes reflect my naz theubj agenda itg3ii. Please have the ddr s ass 4] tten above. `-fg \ Signature NOTE: All persons may endCCe-etings and address the City Council. This form is intended to as st the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL ' REGARDING AGENDA ITEM NO. DATE: �� j� TO: City Clerk FROM: ADDRESS: lC�( ORGANIZATION: SUBJECT: =1e5-�r �- I expect to address the Counci on the Council Minutes reflect my name and a, (ectU ag�a i� 4eAe4= s as written above. /Signature NOTE: All persons may attend meetings and address the City Council. form is intended to assist the Mayor in ensuring that all persons wis to address the Council are recognized and to ensure correct spelling names in the Minutes. � � m ,-,/6� 9�,2�?�L, �✓J lam:-'r`-�l UU DATE: TO: FROM: ADDRESS: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. t SUBJECT: I expect to address the Council on th s ject an a it lease have the Council Minutes reflect my name and a r�ss as w t en ove. S'gnature I NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of nam in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL ' REGARDING AGENDA ITEM 3140. DATE: 41 f / �5 ` �D TO: City Clerk,FROM: 0�zl4sz-10 / � C ADDRESS: ORGANIZATION: SUBJECT: X/ Mev GO A15 I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and ddress as written above. Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. /J DATE: c TO: Cit Clerk FROM: -� ADDRESS: lFVeeA � [ -!-cYI, &g) chi ORGANIZATION: r VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: �/- / J�/I TO: City Clerk FROM: ADDRESS: ORGANIZATION:�i-- 1 SUBJECT: - I expect to address the Council on the subject: agenda item. Please have the Council Minutes reflect my name and address as written above. Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. 5�" VOLUNTARY REQUEST TO ADDRESS 7FIE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: ,JI - 1:3 - I l g 0 TO: City Clerk FROM: .e. ,r ! e y �9 ADDRESS: x.36 yl i«I le c-1 4- ID i" ORGANIZATION: J1E SUBJECT: 3"� �,yav © ►^ ��A s 0- o, v e ,f m CatVg C �� ,o I expect to address the Council on the subject. agenda item. Please have the Council Minutes reflect my name and address as written above. NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. DATE: TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. SUBJECT:L I expect to aZss Council Minu es f / `ref ou<n my na a an ai �& )VA;,4 as writ above. ��^^ NOTE: All persons may attend meetingsand 0 ress the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: TO: City Clerk FROM: ( 4 x» ADDRESS: 2--13 f i 61 , —(4 a*, � �11 710-111 L ORGANIZATION: S 1�- C C, (Pr— C- x 'y. c,,;,,, SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and addre s as written above. G Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM DATE: TO: City Clerk FROM: ADDRESS: == ORGANIZATION: SUBJECT: 2PI A -M 0 FA -UQ,\ nEC�,\ klpl-q I expect o a dress the Council on the sub' ct: agenda item. Please have the Council Minutes reflect my name and addr s a ritten above. =— S ature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. Cii--VW� GAP IF-:�'z- C RL4 (5e H Aff- C Rh -ODD kvc +PD �70L � S fe,�-s VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. .a DATE: TO: City Clerk i FROM: a ° � Y OT � r ADDRESS: �� .Z`(Ee Gins i i [v ORGANIZATION: tv S ZIAg f A SUBJECT: . I expect to address the Council on the subject: agenda item. Please have the Council Minutes reflect my name andddresp as writt above. - NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: 1 `� Z�,4 TO: City Clerk FROM: " ADDRESS: 7 /V, T 0r/iA ORGANIZATION:r��. SUBJECT:t't I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and ad as written above. Signature NOTE: All persons may attend meetings and address the City Council.. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCI'L,�M r REGARDING AGENDA ITEM NO.- DATE: O.DATE: TO: City Clerk FROM: * / ADDRESS: ORGANIZATION: 7l7 SUBJECT: I expect to address the Council on the subject: agenda item. lease ave the Council Minutes reflect my name and address as w tte above. c _ s Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of, names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL �f} REGARDING AGENDA ITEM NO DATE: TO: City Clerk ORGANIZATION:€ SUBJECT: � I expect to address the Council on the'"subject agenda item. Please have the Council Minutes reflect my name and ;fddi�.,ess as writ n�above. persons may attend meetings and address the City Council. This NOTE: A11 p yng form is intended to assist e the mayor in entorensureacorrectespellingsofng to address the Council names in the Minutes. I N T E R O F F I C E M E M O R A N D U M TO: Councilmembers Papen and Horcher FROM: Linda G. Magnuson?'senior Accountant SUBJECT: Voucher Register, November 13„ 1990 DATE: November 8, 1990 Attached is the Voucher Register dated November 13, 1990. As requested, the Finance Department is submitting the voucher register for the Finance Committee's review and approval prior to it's entry on the Consent Calender. The checks will be produced after any recommendations and the final approval is received. Please review and sign the attached. CITY OF DIAMOND BAR VOUCHER REGISTER APPROVAL The attached listing of vouchers dated November 13, 1990 have been audited approved and recommended for payment. Payments are hereby allowed from the following funds in these amounts: FUND NO. FUND DESCRIPTION 001 General Fund 138 LLAD #38 Fund - 139 LLAD #39 Fund 141 LLAD #41 Fund_ 225 Grand Av. Const Fd 226 Chino Hills Const Fd TOTAL ALL FUNDS APPROVED BY: Linda G. Magn on Senior Accountant i Robert L. Van Nort City Manager AMOUNT 214,591.90 743.90 6,055.00 14,022.78 14,816.63 2,785.00 $253,015.21 X 2 Phyllis iape Councilmember Paul --V. Horcher Councilmember a**C i t Y of 0 i a a a n d Dar i RUN TIME, 1:':48 11/08190 y O U C H E R R E G I S T E R DUE TNRU.............li/13/9 VENDOR NAME VENDOR ID. ACCOUNT PRO3.TS-NO BATCH PO.LINEINO. ENTRYIDUE INVOICE DESCRIPTION -------------------------------------------------------------------------------------------- Aqua Backflow 1 *001-4318-2210 *138-4539-2210 *141-4541-2210 *138-4538-4009 Caebo's Welding *001-4313-5303 AquaBack 4 11113A 1 11113A 1 11113A I 11113A Cambos0eld 2 11113D Coast Sion Display CoasTSignD *001-3446 1 11113D Coulasters, The CopyMaster *001-4090-2100 2 111134 Diamond Bar Stationers DBStationr *001-4090-1200 3 11113A E. San Gab. Plannino_ Comm ESGVPC *001-4210-2315 1 11113A E. San Bab. Planning Comm ESGVPC *001-4010-2325 5 11113C E. San Gab. Planning_ Comm ESSVPC *001-4210-2325 1 11113D Eastman Inc. Eastman *001-4090-1200 4 11113A PAGE 1 * PREPAID } AMOUNT DATE CHECK 11107 11/13 7660 Maint of backflow devices 433.01 11,107 11,113 7660 Maint of backflow devices 433.01 11107 11/13 7660 Maint of backflow devices 433.01 11101 11/13 7688 Backflow device check 25.00 TOTAL DUE VENDOR --------i 1,324.03 11108 11/13 Sprinkler timer cover 144.11 TOTAL DUE VENDOR --------> 144.11 11108 11/13 Refund-Planninq Fee 1,444.50 TOTAL DUE VENDOR --------> 1,444.56 11/07 11/13 Copy machine maint 317.91 TOTAL DUE VENDOR --------> 317.41 11/07 11/13 25003 Supplies 15.51 TOTAL DUE VENDOR --------> 15.51 11/07 11/13 Dues-DeStefaro 50.00 TOTAL DUE VENDOR --------y 50.00 11/07 11/13 Meeting-Papen 18.60 TOTAL DUE VENDOR --------> 18.00 11/08 11/13 Meeting -De Stefano 11.75 TOTAL DUE VENDOR --------> 11.75 11/07 11/13 6786922 Supplies 18.02, TOTAL DUE VENDOR --------} 18.02 *** t i t v o f , m e n d E a '} RUN TIME: 10.48 111E+6,'90 V 0U C H E R R E 6 1 S T E R DUE THRU.............11i1319) VENDOR NAME VENDOR ID. ACCOUNT PR81 Tk-NO BATCH PO.LINEING. ENTRYIDUE -F+VOICE DESCRIPTION -------------------------------------------------------------------------------------------- Hovey Electric Inc. Hovey *225-4525-641@ 2 11113A ICMA Retirement Trust luMA *001-4630-0090 1 11113A 4091-4040-0090 1 11112A *001-4050-0090 1 i1113A *001-4210-0090 1 11113A *001-4314-0090 1 11113A Inland Valley DIV Builetn IVDB *001-4040-2115 2 11113A Innovative nraphics Inc Innovative *001-3440 2 11113D Irwin M. Kaplan Kaplan *001-4210-4210 2 11113A L.A.Coonty Public Barts LACPubOk *001-4331-2210 1 11113E *001-4510-5501 1 11113B *061-4510-5592 3 11113B *001-4510-5505 1 11113B *001-4510-55016 3 11113B *091-4510-5507 2 11113E *061-4510-55(48 1 111138 *001-4510-554)9 1 11113B *001-4510-5510 1 11113B *001-4510-5516 1 11113B *061-451)-553) 1 111138 L.A.County Public Works LACPobWk *001-4510-5502 1 11113A *001-4510-5562 2 11113A PAGE L * * PREPAID f * AMOUNT DATE CHECK 11%07 11113 Traffic sig-+Grand@Lonavw 6,602.10 11107 11113 TOTAL DUE VENDOR --------;> 6,802.10 11101 11113 Def comp -November 2,093.45 11107 11113 Def comp -November 658.66 11/07 .11113 Def comn-November 323.41 11101 i1113 Def comp - November 649.71 11107 11113 Def coma - November 555.51 TOTAL DUE VENDOR --------i 4,261.02 11107 11113 dc17535 Public nrq-ext Ord 214 TOTAL DUE VENDOR ------- 11!66 11113 11107 11113 Refund - Planning fee TOTAL DUE VENDOR ------- 611.38 61.36 160.00 100.00 Consulting -October 71000.00 TOTAL DUE VENDOR --------:- 7,00.00 11107 11113 Sycamore Park maint 151.50 11107 11113 Street sweeping -Sept 14,237.34 11/07 11113 Road maint-sept 10,032.49 11107 11113 Curb,gutter repair -Sept 14,957.34 11107 11113 Striping, signing -Sept 367.34 11107 11113 St. light maint-Sept 3,627.12 11107 11113 Vegetation control -Seat 11.66"2.95 11107 11113 Tree triaminn-Seat 297.45 11107 11113 Tree watering -Sept 1,095.91 11101 11113 Traffic engr-Sept 252.66 11107 11113 Industrial waste -Sept 2,141.36 TOTAL DUE VENDOR --------i 56.166.43 11107 11113 1713 Damage to City Prop 1,106.61 11107 11/13 4513 Damage to City Prop 2,996.32 TOTAL DUE VENDOR --------! 4,105.1.3 { C i t Y o f D i amp r[ d B a r RUN TIME ; 10:48 111 fl 19 0 V O O C H t p R E G -FTE 9 RS E DUE THRU.............11/13;`90 VENDOR NAME VENDOR ID. PREPAID ACCOUNT PR07.T1-MD BATCH PO.LINE/NG. ENTRYIDUE INVOICE DESCRIPTION AMOUNT DATE CHECK ------------------------------------------------------------------------------------------------------------------------------------- LA County Agriculture Coll LACAaric *141-4541-4000 1 11113A 11167 11/13 Pest control -sept 933.80, TOTAL DUE VENDOR --------; 933.&9 Landscape Vest LandscapeV *001-4311-5300 i 11113D 11;68 11:13 Park landscape maint 942.33 *661-4313-5360 3 11113D 11106 11113 Park landscape maint 1.510.56 *681-4318-5366 111113D 11/68 11113 Park landscape maint 1,774.91 *661-4319-5366 1 11113D 11/68 11/13 Park landscape maint 11041.66 *061-4322-5306 1 11113D 11/68 11113 Park landscape maint 418.83 *001-4325-5360 1 11113D 11/08 11113 Park landscape maint 209.41 *661-4328-5360 i ilil3D 11/68 11113 Park landscape maint 626.16 *661-4331-5350 2 11113D 11168 ilila Park landscape maint 1.779.91 TtfTAL DUE VENDOR ---------, 8.376.a5 Landscape Vest LandscapeV *139-4539-5566 111113D 11/68 11113 Taint LLAD139 6,055.a0 TOTAL DUE VENDOR --------! 6,65.06 Landscape Vest LandscapeV *141-4541-5500 1 1111,30 11108 11/13 Ma,int - LLAD #41 3,386.60 TOTAL DUE VENDOR --------j 3,360.66 League of Ca. Cities League *601-4650-2336 1 11113A 11167 11113 Fin mat seminar-Maa,saul 280.66 TOTAL DUE VENDOR --------> 286.00 League of Ca. Cities League *061-4216-2320 1 111i3C 11107 11/13 Piannina comm handbks 53.36 TOTAL DUE VENDOR --------- 53.36 Lewis Engraving Inc. LewisEngra *661-4695-1290 4 11113A 11167 11113 Plague plate engraving 17.06 TOTAL DUE VENDOR -------- 17.68 Markman Arcrrnski Manson MarkmanArc 0@1-4020-020 1 llil3B 11101 11113 ?October attny sacs 41422.56 *661-4020-4021 6 111138 11167 114/13 Brawn act dispute secs 153.06 *601-4620-4021 7 111113B Ii/07 11119 Legal Svcs -Lim v City 2,071.00 TOTAL DUE VENDOR --------:> 7,646.50 RonKran2er9As5oc C.E. Inc RKA *091-4230-5221 1 11113C +# Cit v n.f _.among Bar }# *001-4230-5221 RUN i I E: 11107 11113 .' O U. u t, r E !i : u T= PAGE 4 11107 11113 Engr-Plan ck.ing J)UE T€?RU .............11113/90 4 111130 VENDOR NAME 11:13 VENDOR !D. 1,685.09 *001-4230-5221 5 11113C * PREPAID ACCOUNT PR07.Tn-NO ------------------------------------------------------------------------------------------------------------------------------------ Misc Ener BATCH PO.LINEINO. ENTRVIDUE 6 111130 INVOICE €:SCRIPTIDN AMOUNT DATE CHECt: ?vers, Elizabeth 6,234.83 MversE 1 111130 11,107 1111113 Heritage Pk. renovation *001`493-40s 1 11113D 11107 11113 Transcribing 1140.00 *001-4219-5312 3 11113E 11107 11;'13 Minutes -Pining cos -10/22 :'56.03 6301-4316-5300 1 111138 11107 11113 Minutes -Pk. Coee-Oct 448.00 11/07 11113 Engr-Grand@Langview 225.00 *225-4239-5221 TOTAL DUE VENDOR --------> 854.00 PAPA Engr-Grand@Sunmitridge PAPA *225-4233-5221 4 11113C 11107 11113 *001-4310-2315 1 111138 11107 11113 Membership-Janiel 25.00 2.691.00 TOTAL DUE VENDOR --------? 25.00 PERS Health Benefits PERSHealth *091-2110-1003 1 11113E 11107 111113 health ins -Nov 5,?63.85 *001-4090-0080 1 111138 1!/07 11113 Admin fees 29.82 TOTAL DUE VENDOR --------j , 5,993.56 Pac Tel Paging PacTeiPag *001-4411-2130 1 11113E 11107 11,113 Pager/Dep Luter/Noy 12.01 TOTAL DUE VENDOR --------) 12.01 RonKran2er9As5oc C.E. Inc RKA *091-4230-5221 1 11113C 11/07 11113 Engr-public drain transfr 2,720.00 *001-4230-5221 2 111130 11107 11113 Misc Engineerinq 515.00 *001-4230-5221 3 11113C 11107 11113 Engr-Plan ck.ing 1,587.50 *901-4230-5221 4 111130 11/07 11:13 Inispections 1,685.09 *001-4230-5221 5 11113C 11107 11/13 Misc Ener 12,191.04 *001-4230-5221 6 111130 11/07 111113 Engr-maps 6,234.83 *001-4313-5300 1 111130 11,107 1111113 Heritage Pk. renovation 87.50 *001-4510-5221 1 11113C 111/07 11/13 Engr-6 Spr@Sunset 300.00 *001-45I0-5502 4 11113C 11/07 11113 Enrgr-Slurry seal 900.00 *225-4230-5221 111113C 11107 11/13 Engr-Grand@DB Blvd .1,507.50 *225-4239-5221 2 111130 11/07 11113 Engr-Grand@Langview 225.00 *225-4239-5221 3 11113C Iit07 11113 Engr-Grand@Sunmitridge 265.53 *225-4233-5221 4 11113C 11107 11113 Enigr-Grand@Montefino 785.50 *226-4231-5221 1 111130 11197 il/13 Chino Hills Pkwv erar 2.691.00 TOTAL DUE VENDOR -------- 31,645.40 RonKranzer&Assoc C,E. Inc RKA *001-4230-5221 7 11113D 11196 Ii/13 Retainer -Nov 6,000.93 x001-42.30-5221 8 11113D 11108 11113 Maps 2,354.00 0,401-4230-5221 9 ill13D 11108 11/113 Engr-Mise 9,794.45 *001-4239-5221 19 11113D 11/09 11113 Plan checking 301.0=1 *001-4230-5221 111 11113D 11108 11113 Public drain -transfer 259.40 *001-4510-5221 2 11113D 11/09 11113 Engr-Slurry seal 172.00 *225-4239-5221 5 11113D 11109 11/13 Engr-Brand @ DB Blvd 1,221.00 *225-423J-5221 6 11113D 11/09 11/13 Engr--Grana @ Shotgun 3,iI7.00 *225-4230-5221 7 IiI13D 111108 11/13 Engr-Grand @ Soldn Sur 650,00 d :: a Fi% TIME: _ :4n 11/08/96. F1 i, E R `:! r G i S i E ;: DUE THRU.............11/13190 VENDOR WE VENDOR in.. ACCOUNT PRO3.TX-NO BATCH PO.LINEIND, ENTRY/DUE INVOICE DESCRIPTION -------------------------------------------------------------------------•------------------- RonkranzerlAssoc C.E. Inc RRA *225-4230-5221 8 11112D f226-4231-5221 2 11113D San Sabriel ValleyCity SGVCMA *001-4036-2325 5 11113D Security Pat Nail Bank SecurityPa $001-4010-2KO 3 111130 001-4010-2330 4 li113C 1001-4630-2330 8 111130 *001-4040-2330 2 111130 Security Pat Nail Dank. SecurityPa $001-4016-2325 3 111130 Security Pat Nati Dank SecurityPa *001-4010-2325 4 111130 x001-4010-2330 5 111130 +001-4630-2325 6 111130 Sir Speedy +001-4696-2100 fr001-4210-1206 X001-4216 iii@ SirSpeedy 3 11113D 3 11113D 1 11113D So. Ca. joint Powers ins. SEJPIA *001-4810-7200 1 11113E X061-481@-7266 2 111130 Southern, Ca. Edison SoCaEdi5on *138-4538-2126 2 111130 PAGE PREPAID f a AMOUNT DATE CHECK (CONTINUED) it/@8 11/13 Engr-Grand h Montefino 243.00 11108 141:1: Enar-Chino Halls 94.00 TOTAL DUE VENDOR --------'s 23,109.46 11107 11/13 Meetina-,tan Nort 16.00 TOTAL DUE VENDOR ---------- 16.00 11107 11,113 Conf-CCCAIPapen 271.86 11107 141/13 League luncheon-Paaen 10.21 11/01 11113 League lunch-CM,ACM,Aniys x1.06 11107 11/13 League luncheon -Burgess 10.21 TOTAL DUE VENDOR --------- 1, 343.34 11/07 11/13 Meetinas-Werner 44.54 TOTAL DUE VENDOR -------- 44.54 11107 11.113 Mtg m/Sen Hill 18.82 11/07 11113 COCA rntg-Sorbing_ 7.44 141/67 114113 Mi:g W/Sen Hill 14.10 TOTAL DUE VENDOR -------- 40.36 11107 11113 Photocaaying-solid waste 268.21 11108 li/i3 Stamp for planning 52.04 IiW 11/13 Printing of Draft Dev Ede 257.00 TOTAL DUE VENDOR --------i 577.25 11/61 11/13 nen Liab pool deposit 56,501.00 11/07 11113 Excess pool deposit 7,855.06 TOTAL DUE VENDOR -------` 54.356.0 11/07 11/13 Electric - LLAD 938 285.@9 TOTAL DUE VENDOR --------- 285.89 t v i aeond Oar } RUNTIME: 10-.466 111+:0"19'.1 `� U U C H t R L . 3 T DUE THRU.............11/13/99 VENDOR NAME VENDOR ACCOUNT PROJ.TX-NO BATCH PO.LINE/NO. ENTRY/DUE I?1VOICE DESCRIPTION ----------------------------------------- ---------------------------------------------------- Southern Ca. Edison SoCaEdison +001-4510-21126 3 11113C Southern Ca. Edison SDCaEdison *001-430-2126 2 11113C *001-4322-2126 2 11113C Southern Ca. Edison SoCaEdison *141-4541-2126 2 111130 V.P. Laqunzad LanounzadV *001-3440 3 111130 Walnut Valley Recreation WalVallRec 001-4350-5319 2 11113C Walnut Vlv dater Dist WVWater•Dis 001-4322-2126 1 11113C *001-4325-2126 1 11113C Walnut Vlv Water Dist WVWaterDis +141-4541-2126 3 11113C PA6E _ PREPAID 4 4 AMOUNT BATE CHECK. 11/07 111/13 Electric -Traffic control 687.70 TOTAL DUE VENDOR --------> 687.70 11/07 11113 Electric - Heritage Pk. 352.69 11/07 11/13 Electric - Reagan Pk 502.69 TOTAL DUE VENDOR --------: 654.78 11/07 11.113 Electric - LLAD 941 20.28 TOTAL DUE VENDOR --------': 20.23 11/08 11113 Refund - Plannina fee 996.00 TOTAL DUE VENDOR --------) 996.90 11/07 11/13 Prop A excursions 1,716.96 TOTAL DUE VENDOR --------- 1.716.96 11/07 11/13 Water -Reagan Pk 987.25 11/07 11/13 Water-Starshine Pk 541.95 TOTAL DUE VENDOR --------) 1,529.2O 11/07 11113 Water svc-LLAD 441 9.335.60 TOTAL DUE VENDOR -------- 9,335.0 TOTAL PREPAID -----------: 0.00 TOTAL DUE --------------) 2531015.21 TOTAL REPORT -------------- 253.915.21 MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR OCTOBER 16, 1990 STUDY SESSION Disaster CM/Van Nort stated that the Council had expressed Preparedness concern regarding Emergency Preparedness and noted that this session was scheduled to hear from local representatives regarding the issue. Assistant Fire Chief Lee gave a brief report on the Fire Department's emergency plan as well as the County -wide disaster plan and stated that during the first 72 hours following large magni- tude disasters, the City may be strapped for fire/ rescue resources and that local fire stations would probably be responsible for coordinating rescue efforts here. Sgt. Morris, with the L.A. County Sheriff's Department, Walnut Sub -station, outlined their emergency plans. Mr. Jerry Roach, CEO for Area "D," made a presen- tation regarding Area "D"s responsibility to the City in the event of an emergency and stated that the City will most likely be on its own in the event of a major disaster. He indicated that the City needs to have its own disaster plan. REGULAR MEETING CALL TO ORDER: M/Werner called the meeting to order at 6:09 p.m. in the Council Chambers, W.V.U.S.D., 880 S. Lemon Avenue, Diamond Bar, California. PLEDGE OF The audience was led in the Pledge of Allegiance ALLEGIANCE: by Councilman Paul Horcher. ROLL CALL: Mayor Werner, Mayor Pro Tem Forbing, Councilmen Papen, Horcher, and Kim. Also present were City Manager Robert L. Van Nort, City Attorney Andrew V. Arczynski, Assistant City Manager Terrence L. Belanger, Planning Director James DeStefano, Interim Planner Irwin Kaplan, City Engineer Ronald Kranzer and City Clerk Lynda Burgess. COUNCIL COMMENTS: C/Papen congratulated everyone involved in the Diamond Bar Ranch Festival. In addition, she requested that either the Sheriff's Department or Fire Department comment on the fact that during the fire on October 9th, there were reports of citizens not cooperating with law enforcement officers. M/Werner also commended those involved in the Ranch Festival. OCTOBER 16, 1990 PAGE 2 PUBLIC COMMENTS: Lt. Michael Muravez of the Walnut Sheriff Station spoke regarding the fire on October 9, 1990 and indicated that the only problems encountered were with traffic in and around the area. M/Werner requested that the following letter be read into the Minutes: "ECLIPSE INFORMATION SYSTEMS 1859 MORNING CANYON ROAD DIAMOND BAR, CA 91765 (714) 680-2887 FAX #(714) 396-0111 October 3, 1990 Ms. L. Burgess, City Clerk City of Diamond Bar 21600 E. Copley Drive, Suite 100 Diamond Bar, CA 91765 Ms. Burgess: As per our conversation, Eclipse Information Systems and/or Michael Goldenberg has never in the past, nor is presently involved in any financial arrangements or ownership with the computer supplier Re -Mark Computers. Furthermore it has :never been my intent to prejudice either the City Administration or the City officials 'to favor one vendor over another. My company happens to use Re -Mark Computers as one of its many suppliers, some of which are presently doing business with the City of Diamond Bar. In reviewing the videotape of the Council meeting of October 2, 1990, I was shocked to hear the unfounded allegations of Councilperson Horcher and the remarks directed at me. If he has "grave concern" over my wanting to ensure that the City not acquire equipment that they are not qualified or trained to use, -then let him ask me directly. Or does hie have his own "special interests"? The lack of explanation regarding my involve- ment was also a surprise. In a meeting with the City Manager, Assistant City Manager and the City Clerk, all the information needed for a reply was extended at that time. OCTOBER 16, 1990 PAGE 3 It was also very disappointing to not have the support of three members of the City Council with whom I have had personal conversations regarding the acquisition of additional computer equipment. As you know, I have made a commitment to the City Administration to supply computer systems and computer software on loan until an analysis of the planned Network had been fully explored. I have also been willing to provide assistance and instruction whenever requested. However I find it very difficult to live up to this commitment with Mr. Horcher's vilification of my character and business ethics. If I have not received a personal letter of apology from Councilperson Horcher within 10 days from this date, I feel justified in reviewing my commitment and my intention to live up to it. Yours very truly, Mike Goldenberg" CONSENT CALENDAR: C/Kim moved, seconded by MPT/Forbing to approve the Consent Calendar. Motion carried by the following Roll Call vote: AYES: COUNCILMEMBERS - Papen, Kim, Horcher, MPT/ Forbing, M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None Schedule Future A. October 22, 1990 - Planning Commission - Meetings 7 p.m. - W.V.U.S.D. Board Room - 880 S. Lemon Ave. B. October 25, 1990 - Parks and Recreation Commission - 6:30 p.m. - Community Room - 1061 S. Grand Ave. C. October 30, 1990 - City Council/Chamber of Commerce Retreat re Economic Development - 3 p.m. to 8 p.m. - location to be determined D. November 13, 1990 - Adjourned Regular Meeting/Joint ]Meeting City Council/All Commission & Committees re Capital Improvements Projects and Solid Waste Franchise - 3 ;p.m. to 6 p.m. - W.V.U.S.D. Board Room - 880 S. Lemon Ave. OCTOBER 16, 1990 Minutes Warrant Register Treasurer's Report Planning Comm. Minutes Parks & Rec. Comm. Minutes PAGE 4 Approved Minutes of Strategic Planning Workshop of September 27, 1990 and Regular Council Meeting of October 2, 1990. Approved amended Warrant Register dated October 16, 1990 in the amount of $247,796.52. Approved Treasurer's Report for the months of July (revised) and .August, 1990. Received and filed Planning Commission Minutes of March 26, April 9 and April 23, 1990. Received and filed Parks and Recreation Commission Minutes of April 26, May 10 and May 24, 1990. Resolution 90-84 Adopted Resolution No. 90 - 84 entitled: A Requesting Bd. of RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Supervisors to DIAMOND BAR, CALIFORNIA, REQUESTING THE BOARD OF Accept Transfer SUPERVISORS OF THE LOS ANGELES COUNTY FLOOD & Conveyance of CONTROL DISTRICT OF THE STATE OF CALIFORNIA TO Storm Drain Imps. ACCEPT ON BEHALF OF SAID DISTRICT A TRANSFER AND Priv. Drain #2100 CONVEYANCE OF STORM DRAIN IMPROVEMENTS KNOWN AS PRIVATE DRAIN NO. 2100 IN THE CITY OF DIAMOND BAR FOR FUTURE OPERATION, MAINTENANCE, REPAIR AND IMPROVEMENT, AND AUTHORIZE THE TRANSFER AND CONVEYANCE THEREOF. Resolution 90-72A Adopted Resolution :No. 90 - 72A entitled: A Acknowledging RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Designation of DIAMOND BAR ACKNOWLEDGING THE DESIGNATION OF THE LACTC & Involve- LOS ANGELES COUNTY 'TRANSPORTATION COMMISSION AND ment of SCAG in THE INVOLVEMENT OF THE SAN GABRIEL VALLEY Development of ASSOCIATION OF CITIES IN THE DEVELOPMENT OF THE Congestion Mgmt. CONGESTION MANAGEMENT PLAN (CMP) FOR THE SAN Plan (CMP) GABRIEL VALLEY. Resolution 90-85 Adopted Resolution :No. 90 - 85 entitled: A Supporting Repeal RESOLUTION OF THE CITY COUNCIL OF THE CITY OF of SB 2557 DIAMOND BAR SUPPORTING THE REPEAL OF SB 2557. Heritage Park Authorized Mayor to enter into an agreement with Telephone GTE for a public telephone at Heritage Park for outgoing calls only and directed that the 15% revenues returned b.y GTE be deposited into the Recreation Fund. Election of Directed delegate to vote for slate of officers SCAG Officers recommended in letter dated September 28, 1990 & Executive from San Gabriel Valley Association of Cities. Committee OCTOBER 16, 1990 PAGE 5 SPECIAL PRESENTATIONS: Proclamation - Proclaimed the week of October 28 through "Cystic Fibrosis November 3, 1990 as "Cystic Fibrosis Bowl - Bowl -For -Breath For -Breath Week." Week" OLD BUSINESS: Ordinance 13 (1990) CA/Arczynski presented for first reading, Amending Division 4, by title only, Ordinance No. 13 (1990) Title 13 by Adding entitled: AN ORDINANCE OF THE CITY COUNCIL Chapter 13.44 OF THE CITY OF DIAMOND BAR AMENDING DIVISION Authorizing Recovery 4 OF TITLE 13 OF THE LOS ANGELES COUNTY CODE of Costs for 2nd BY ADDING A NEW CHAPTER 13.44 AUTHORIZING Response by Police RECOVERY OF COSTS FOR SECOND RESPONSE BY to Parties & Other POLICE TO PARTIES AND OTHER ASSEMBLIES. Assemblies Lt. Muravez stated that when the Sheriff's Department responds to second calls, it costs approximately $40 per officer and the number of men depends on the number of persons in the gathering. Mr. Al Rumpilla, 23958 Golden Springs Dr., spoke in opposition to the proposed ordinance and asked that wording be included to prevent abuse by disgruntled neighbors. Ms. Cheryl McMillan, 304 Ballena Dr., also spoke in opposition to the ordinance. C/Horcher asked if the proposed Ordinance passed "Constitutional muster" with the City Attorney and CA/Arczynski replied that as far as he knew, the matter has not been litigated before and felt that if it were litigated, the Ordinance would be upheld. C/Horcher then asked whether the ACLU had a service whereby Ordinances can be reviewed prior to presentation to the City for adoption. CA/Arczynski stated that he was not aware of any such service. C/Horcher requested the City .Attorney to look into the matter. CA/Arczynski then indicated that he would send a copy of the proposed Ordinance to the ACLU for review, if desired. M/Werner expressed concern over the constitu- tionality of the proposed Ordinance and requested a comparison with the L.A. County Ordinance. OCTOBER 16, 1990 PAGE 6 MPT/Forbing moved, C/Papen seconded to waive full reading of Ordinance No. 13 (1990). Motion carried by the following Roll Call vote: AYES: COUNCILMEMBERS - Kim, Horcher, Papen, MPT/Forbing, M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None MPT/Forbing moved, C/Papen seconded to approve for first reading Ordinance No. 13 (1990). Motion carried by the following Roll Call vote: AYES: COUNCILMEMBERS - Papen, Kim, MPT/ Forbing NOES: COUNCILMEMBERS - Horcher, M/Werner ABSENT: COUNCILMEMBERS - None Ordinance 24A CA/Arczynski presented for second reading by title (1989) Amending only and adoption, Ordinance No. 24A (1989) Ordinance No. entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE 24 (1989) Parks CITY OF DIAMOND BAR AMENDING ORDINANCE NO. 24 & Recreation (1989) CONCERNING THE PARKS AND RECREATION Commission COMMISSION. Ordinance 25B (1989) Amending Ordinance No. 25 & 25A (1989) Re Planning Commission C/Papen moved, MPT/Forbing seconded to waive full reading and adopt Ordinance No. 24A (1989). With the following Roll Call vote, the motion carried: AYES: COUNCILMEMBERS - NOES: COUNCILMEMBERS - ABSENT: COUNCILMEMBERS - Horcher, Kim, Papen, MPT/Forbing, M/Werner None None CA/Arczynski presented for second reading by title only and adoption Ordinance No. 25B (1989) entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING ORDINANCE NOS. 25 (1989) AND 25A (1989) CONCERNING THE PLANNING COMMISSION. C/Papen moved, MPT/Forbing seconded to waive full reading and adopt Ordinance No. 25B (1989). With the following Roll Call vote, the motion carried: AYES: COUNCILMEMBERS - NOES: COUNCILMEMBERS - ABSENT: COUNCILMEMBERS - Horcher, Kim, Papen, MPT/Forbing, M/Werner None None OCTOBER 16, 1990 PAGE 7 Ordinance 28A CA/Arczynski presented for second reading by (1989) Amending title only and adoption Ordinance No. 28A Ordinance No. 28 (1989) entitled: AN ORDINANCE OF THE CITY (1989) Re Traffic COUNCIL OF THE CITY OF DIAMOND BAR AMENDING & Transportation ORDINANCE NO. 28 (1989) CONCERNING THE Commission TRAFFIC AND TRANSPORTATION COMMISSION. C/Papen moved, MPT/Forbing seconded to waive full reading and adopt Ordinance No. 25B (1989). With the following Roll Call vote, the motion carried: AYES: COUNCILMEMBERS - Horcher, Kim, Papen, MPT/Forbing, M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None Emergency CM/Van Nort reported that staff had met with Preparedness members of the community on how to deal with emergency preparedness and recommended con- sidering development of a "Diamond Bar" approach to preparedness which would include establishment of a 15 member citizen committee entitled "Diamond Bar Emergency Preparedness Committee." The Committee's goals would be to develop a program to educate the community; develop, research and coordinate with Sheriff, Fire and Area "D" Coordinator to determine whether or not an Emergency Preparedness Commission is appro- priate; direct the City Attorney to develop an Ordinance establishing an Emergency Preparedness Commission which would include a member of the City Council; authorize expen- diture not to exceed $5,000, subject to purchasing procedures, to promote emergency preparedness within the Community and report back to the Council within 6 months as to the status of the above. Mr. Charles Majus spoke regarding Emergency Preparedness and the committee previously established. Following discussion, staff was directed to prepare a formal report to establish a Committee along with the necessary documentation for Council action. OCTOBER 16, 1990 PAGE 8 NEW BUSINESS: Request for No CE/Kranzer stated that opening the median on U -Turn Grand Ave. for a left -turn lane into "The Grand Ave. Country" should alleviate the problem of u -turns at Countryview being made at Grand and Countryview. Mrs. Louise Leyva, 23862 Countryview Dr., spoke regarding said u -turns and requested construction of sound walls in the area due to increased traffic noise on Grand Ave. She presented a video tape demonstrating the current noise levels. RECESS M/Werner recessed the meeting at 7:50 p.m. RECONVENE M/Werner reconvened the meeting at 8:00 p.m. Ordinance 14 (1990) Interim Planner Kaplan presented a proposal Adopting Interim for an interim ordinance pertaining to hill - Zoning Ordinance side development and stated that design con - Pursuant to Gov't. trols were needed to regulate 1) drainage Code Section techniques, 2) protection of vistas, groves and 65858(a) public areas, 3) height and location of retaining walls, 4) placement and design of streets consis- tent with hillside character, 5) placement of houses and 6) establishment of landscape character, vegetation and irrigation. The objectives of the Ordinance are to: 1) articulate a clear development policy, 2) provide clear standards and guidelines for evaluation of projects, 3) err on the side of the conservative until a general plan is adopted and 4) be relatively easy to administer. Following discussion, MPT/Forbing requested that this item be tabled until the end of the meeting so that staff could develop a recommendation as to how to proceed. Secondary left- CE/Ron Kranzer made a presentation recommending turn lane on installation of a secondary left -turn lane on Grand Ave. at Grand Ave. at Diamond Bar Blvd. by restriping and Diamond Bar Blvd. adding or modifying loops, at an approximate cost of $10,000. He further recommended that staff begin negotiations with the adjacent shopping center owners regarding implementation of driveway modifications and proceed with designs regarding the reconstruction of medians. MPT/Forbing requested that "No Parking" signs be placed on Grand Ave. OCTOBER 16, 1990 PAGE 9 Mrs. Louise Leyva, 23862 Countryview, spoke regarding the left turn signal on Grand Ave. at Diamond Bar Blvd. and the traffic back-up that exists. She requested consideration of changing the signal timing to help alleviate this problem. MPT/Forbing moved, C/Kim seconded to a) install double left -turn pockets on Grand Ave. at Diamond Bar Blvd., b) instruct staff to begin negotiations w/adjacent shopping center owners regarding implementation of driveway modifications, c) proceed with designs regarding reconstruction of medians and d) that "No Parking" signs be installed on both sides of the entire length of Grand Ave. MPT/Forbing moved, C/Kim seconded to modify the original motion to only approve installation of the double left -turn pockets on Grand Ave. at Diamond Bar Blvd and installation of "No Parking" signs on both sides of Grand Ave. With consensus of Council, the motion carried. Staff was directed to prepare a report on the feasibility of "no parking" on Grand Ave. or, in the alternative, survey parking conditions and proceed with the City Engineer's recommendations. PUBLIC HEARING: Resolution 89-97C CM/Van Nort stated that this amendment was to Amending Conflict add the positionsofAssistant City Manager, of Interest Code City Engineer and Associate Planner as for Designated designated employees for purposes of filing City Personnel Conflict of Interest Statements. M/Werner opened the Public Hearing. With no testimony being offered, M/Werner closed the Public Hearing. C/Horcher moved, C/Papen seconded to adopt Resolution No. 89-97C entitled: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE CITY'S CONFLICT OF INTEREST CODE FOR DESIGNATED CITY PERSONNEL. With consensus of Council, the motion carried. OCTOBER 16, 1990 PAGE 10 Ordinance 14 CA/Arczynski presented proposed wording for (1990) Cont'd.) two additional paragraphs to be inserted on Page 9 of Ordinance No. 14 (1990), Exhibit "A," Provision E (Hillside Management Standards Guidelines) to read: "Exceptions to the standards specified herein may be approved pursuant to the conditional use permit process when the approving agency determines that such exceptions are not materially injurious to the intent of the standard and guidelines set forth herein. In granting any such exception the approving agency shall set forth appropriate findings specifying the facts supporting its determination." Dr. Dan Buffington, 2605 Indian Creek, stated his concerns regarding the Ordinance. Mr. Al LoPeter, 23955 Ridgeline, also expressed concern over adoption of this Ordinance. Mr. Al Dayton stated his current projects in Diamond Bar would not be able to proceed should the Ordinance be adopted. MPT/Forbing stated that he believed that the Ordinance needed to be voted on and that the Planning Department should work with local engineers to produce a workable, permanent ordinance that meets the needs of the community. MPT/Forbing moved, C/Papen seconded to approve Ordinance No. 14 (1990) adopting the Interim Hillside Management Ordinance with amended wording. With the following Roll Call vote, the motion carried: AYES: COUNCILMEMBERS - Papen, Kim, Horcher, MPT/ Forbing, M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None Ordinance 15 Planning Director James DeStefano stated that (1990) Adopting the primary purpose of the proposed Ordinance Interim Zoning is to determine which land uses are appro- Ordinance Pursuant priate within the commercial manufacturing to Gov't. Code zone. This would remove service and all Section 65858(a) assembly and manufacturing uses and focus on obtaining sales tax generators, such as retail uses. OCTOBER 16, 1990 PAGE 11 CA/Arczynski presented for first reading, by title only, Ordinance No. 15 (1990) entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING AN INTERIM ZONING ORDINANCE PURSUANT TO THE PROVISIONS OF CALIFORNIA GOVERNMENT CODE SECTION 65858(a) AND MAKING FINDINGS IN SUPPORT THEREOF. MPT/Forbing moved, C/Papen seconded to adopt Ordinance No. 15, 1990. With the following Roll Call vote, the motion carried: AYES: COUNCILMEMBERS - Kim, Horcher, Papen, MPT/ Forbing, M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None CLOSED SESSION: M/Werner adjourned the meeting to Closed Session at 9:45 p.m. RECONVENE: Following Closed Session, the City Attorney was authorized to settle the claim of Richards, Watson & Gershon in an amount not to exceed $14,920.41. ADJOURNMENT: ATTEST: Mayor There being no further business, at 10:05 p.m., M/Werner adjourned the meeting to November 6, 1990 at 6:00 p.m. LYNDA BURGESS City Clerk MINUTES OF THE DIAMOND BAR CITY COUNCIL/ CHAMBER OF COMMERCE JOINT RETREAT OCTOBER 30, 1990 CALL TO ORDER: M/Werner called the meeting to order at 3:16 p.m. p.m. in the Ballroom, Ramada Inn, 259 Gentle Springs Ln., Diamond Bar, California. ROLL CALL: Mayor Werner, Councilmen Papen, Horcher, and Kim. Also present were City Manager Robert L. Van Nort, Assistant City Manager Terrence L. Belanger and City Planner James DeStefano. General discussion of topics include holiday decorations, transit, signs and economic development. C/Horcher left the meeting at 4:16 p.m. C/Forbing arrived at 4:35 p.m. ADJOURNMENT: There being no further business to conduct, M/Werner adjourned the meeting at 7:00 p.m. ATTEST: Mayor ROBERT L. VAN NORT City Manager AGENDA NO. 6/ CITY OF DIAMOND BAR AGENDA REPORT DATE: November 8, 1990 MEETING DATE: November 13, 1990 TO: Honorable Mayor and Members of the City Council VIA: City Manager FROM: Charles Janiel, Director of Parks and Maintenance DISCUSSION The City Council has expressed a desire to have landscaping on the 60 and 57 Freeways. Staff has met and discussed the issue with the responsible agency, Cal Trans. The results of the meeting with Cal Trans were less than en- couraging. The State is not funding any freeway landscaping at the present time. This is due to State Budget constraints. Alternative funding may be available for freeway landscaping through the Environmental Enhancement and Mitigation Grant Program. Staff is working with Cal Trans in preparing application for Grant Funds under this program, to be co-sponsored by the City of Diamond Bar and Cal Trans. RECOMMENDATION Adopt Resolution No. 90 - to approve application for Environmental Enhancement and Mitigation Funds. The Parks and Recreation Commission supports and recommends application for this Grant. (Narrative continued on next page if necessary) FISCAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number: Deficit: $ Revenue Source: -------- Y-------------- ---------------------- Terrence L.' Be--- -- Robert L. Van Nort Andrew V. Arczynski Terrence L. Bl nger City Manager City Attorney Assistant City Manager L AGENDA NO. CITY OF DIAMOND BAR AGENDA REPORT DATE: November 9, 1990 MEETING DATE: November 13, 1990 TO: Honorable Mayor and Members of the City Council VIA: Robert L. Van Nort, City Manager FROM: Terrence L. Belanger, Assistant City Manager via Tseday Aberra, Administrative Analyst SUBJECT: ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM APPLICATION BACKGROUND: The City of Diamond Bar desires to expand and improve the bike trail system within the City. A recent Parks and Recreation survey indicated that the community is in great need for a bike trail system. The City Engineer has completed a preliminary study of Brea Canyon Road Bike trail and has proposed to improve the existing trail by widening and restriping Brea Canyon Road. The Brea Canyon Road Bike Trail within the City of Diamond Bar is .6 miles. The first step towards meeting the need of the community was completed as the City applied for a bicycle grant from the California Transportation Commission. The City has requested $132,000 to complete the proposed project. The City will propose, to the City of Brea and the Counties of Los Angeles and Orange, a joint effort in the of expansion of the bike trail system. Each of the above parties are responsible for part of Brea. Canyon Road as it passes through their jurisdictions. It will be requested that the appropriate agencies fulfill their part in improving the existing trail. (Narrative continued on next page if necessary) FISCAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number: Deficit: $ Revenue Source: REVIE►-UD BY: Robert L. Van City Manager --�' --------------------- Nort Andrew V. Arczynski City Attorney Terrence L. Belan;zr Assistant City Manager Staff Report - Environmental Enhancement and Mitigation Program Application November 9, 1990 Page 2 On November 8, 1990, staff informed the Traffic and Transportation Commission that the City is in the process of applying for a grant through the State of California. The Commission requested a copy of the completed application prior to its submission to the California Transportation Commission. RECOMMENDATION: It is recommended that the City Council of the City of Diamond Bar approve the application of the Environmental Enhancement and Mitigation Program through the California Transportation Commission Resources .Agency. AGENDA NO. --------------------------------------------------------------------------------- CITY OF DIAMOND BAR AGENDA REPORT --------------------------------------------------------------------- — DATE: November 7, 1990 COUNCIL DATE: November 13, 1990 TO: HONORABLE MAYOR AND CITY COUNCIL VIA: ROBERT L. VAN NORT, CITY MANAGER FROM: RONALD L. KRANZER, CITY ENGINEE�� SUBJECT: SURETY BOND RELEASE FOR ROAD IMPROVEMENTS, TRACT 42580 The Los Angeles County Department of Public Works is recommending the release of the surety bond guaranteeing the subject improvements based upon the satisfactory completion of the improvements per approved plans. The City Engineer has made a cursory review of the improvements and is in agreement. RECOMMENDATION: It is recommended that City Council release the following surety bond: Bond Number: Remaining Road Amount: Surety: Principal: ASI 100 198 $92,750.00 Integrity Insurance Company P.O. Box 7714 Burbank, Ca 91510 South Country Corporation 1074 Parkview Dr., Suite 201 Covina, Ca 91724 and instruct the City Clerk to send a copy of the City Council action on this recommendation to the principal, surety and the Director of Public Works, Los Angeles County. RLK:W;6ynb:2342:db-cc3:bondrel`tr42580.rel FISCAL IMPACT: Amount Requested Budgeted Amount In Account Number: Deficit: Revenue Source: N --w-------------- --_ Robert L. Van Nort City Manager 7/24/90 (Narrative continued on next page if necessary) --------------------------- Andrew V. Arczynsl,i Terrence L. Belang City Attorney Assistant City Manager ChC'j?,y.Qrtp/NO C'4clN l Y :ALE' ?S� pF�w OS 4N� x dClt= RN��' THOMAS A. TIDEMANSON, Director October 30, 1990 COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 Telephone: (818) 458-5100 The City Council City of Diamond Bar 21550 East Copley Drive, Suite 330 Diamond. Bar, California 91765 Dear Council Members: ADDRESS ALL CORRESPONDENCE TO: P.O.BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 IN REPLY PLEASE REFER TO FILE: L-5 ROAD IMPROVEMENTS TRACT NO. 42580 VICINITY OF DIAMOND BAR BOULEVARD AND GOLDEN SPRINGS DRIVE The construction of road improvements guaranteed by the improvement security listed below has been completed in compliance with the plans and specifications. IT IS RECOMMENDED THAT YOUR COUNCIL: 1. Approve and accept the work for maintenance this date. 2. Exonerate the following listed surety bond: Bond Number ASI 100 198 Remaining Amount - $92,750 Surety - Integrity Insurance Company Principal South Country Corporation 1074 Parkview Drive, Suite 201 Covina, California 9172:4 Please instruct the City Clerk to send a copy of the City Council action on this recommendation to the surety, principal, and Superintendent of Streets/City Engineer. Very truly yours T. A. TIDEMANSON Director of Public Works N. C. DATWYLER est`` Assistant Deputy Director Land Development •Division LG:sg/42580 cc: City Clerk i of mLos Ar -{ x r THOMAS A. TIDEMANSON, Director October 30, 1990 COUNTY OF LOS A19GELES DEPARTMENT OF PUBLIC WORKS 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 Telephone: (8 18) 458-5100 ADDRESS ALL CORRESPONDENCE TO: P.O.BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 The City Council City of Diamond Bar 21550 East Copley Drive, Suite 330 Diamond Bar, California 91765 Dear Council Members: ROAD IMPROVEMENTS TRACT NO. 42580 VICINITY OF DIAMOND BAR BOULEVARD AND GOLDEN SPRINGS DRIVE IN REPLY PLEASE REFER TO FILE: L-5 The construction of road improvements guaranteed by the improvement security listed below has been completed in compliance with the plans and specifications. IT IS RECOMMENDED THAT YOUR COUNCIL: 1. Approve and accept the work for maintenance this date. 2. Exonerate the following listed surety bond: Bond Number ASI 100 198 Remaining Amount - $92,750 Surety - Integrity Insurance Company Principal —South Country Corporation 1074 Parkview Drive, Suite 201 Covina, California 91724 Please instruct the City Clerk to send a copy of the City Council action on this recommendation to the surety, principal, and Superintendent of Streets/City Engineer. Very truly yours, T. A. TIDEMANSON Director of Public Works N. C. DATWYLER Assistant Deputy Director Land Development Division LG:sg/42580 cc: City Clerk THOMAS A. TIDEMANSON, Director October 30, 1990 COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 Telephone: (818) 458-5100 The City Council City of Diamond Bar 21550 East Copley Drive, Suite 330 Diamond Bar, California 91765 ADDRESS ALL CORRESPONDENCE TO: P.O.BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 IN REPLY PLEASE REFER TO FILE: L-5 Dear Council Members: ROAD IMPROVEMENTS TRACT NO. 42580 VICINITY OF DIAMOND BAR BOULEVARD AND GOLDEN SPRINGS DRIVE The construction of road improvements guaranteed by the improvement security listed below has been completed in compliance with the plans and specifications. IT IS RECOMMENDED THAT YOUR COUNCIL: 1. Approve and accept the work for maintenance this date. 2. Exonerate the following listed surety bond: Bond Number ASI 100 198 Remaining Amount - $92,750 Surety - Integrity Insurance Company Principal South Country Corporation 1074 Parkview Drive, Suite 201 Covina, California 91724 Please instruct the City Clerk to send a copy of. the City Council action on this recommendation to the surety, principal, and Superintendent of Streets/City Engineer. Very truly yours, T. A. TIDEMANSON Director of Public Works N. C. DATWYLER Assistant Deputy Director Land Development Division LG:sg/42580 cc: City Clerk THOMAS A. TIDEMANSON, Director October 30, 1990 COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 Telephone: (818) 458-5100 ADDRESS ALL CORRESPONDENCE TO: P.O.BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 The City Council City of Diamond Bar 21550 East Copley Drive, Suite 330 Diamond Bar, California 91765 Dear Council Members: ROAD IMPROVEMENTS TRACT NO. 42580 VICINITY OF DIAMOND BAR BOULEVARD AND GOLDEN SPRINGS DRIVE IN REPLY PLEASE REFER TO FILE: L-5 The construction of road improvements guaranteed by the improvement security listed below has been completed in compliance with the plans and specifications. IT IS RECOMMENDED THAT YOUR COUNCIL: 1. Approve and accept the work for maintenance this date. 2. Exonerate the following listed surety bond: Bond Number ASI 100 198 Remaining Amount - $92,750 Surety - Integrity Insurance Company Principal- South Country Corporation 1074 Parkview Drive, Suite 201 Covina, California 91724 Please instruct the City Clerk to send a copy of the City Council action on this recommendation to the surety, principal, and Superintendent of Streets/City Engineer. Very truly yours,. T. A. TIDEMANSON Director of Public Works N. C. DATWYLER Assistant Deputy Director Land Development Division LG:sg/42580 cc: City Clerk OF LOS 4M ®+ t 4GIFORNIP THOMAS A. TIDEMANSON, Director October 30, 1990 COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 Telephone: (818) 458-5100 The City Council City of Diamond Bar 21550 East Copley Drive, Suite 330 Diamond Bar, California 91765 Dear Council Members: ROAD IMPROVEMENTS TRACT NO. 42580 VICINITY OF DIAMOND BAR BOULEVARD AND GOLDEN SPRINGS DRIVE ADDRESS ALL CORRESPONDENCE TO: P_O.BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 IN REPLY PLEASE REFER TO FILE- L-5 The construction of road improvements guaranteed by the improvement security listed below has been completed in compliance with the plans and specifications. IT IS RECOMMENDED THAT YOUR COUNCIL: 1. Approve and accept the work for maintenance this date. 2. Exonerate the following listed surety bond: Bond Number ASI 100 198 Remaining Amount - $92,750 Surety - Integrity Insurance Company Principal- South Country Corporation 1074 Parkview Drive, Suite 201 Covina, California 91724 Please instruct the City Clerk to send a copy of the City Council action on this recommendation to the surety, principal, and Superintendent of Streets/City Engineer. Very truly yours, T. A. TIDEMANSON Director of Public Works N. C. DATWYLER Assistant Deputy Director Land Development Division LG:sg/42580 cc: City Clerk AGENDA NO. CITY OF DIAMOND BAR AGENDA REPORT ---------------------------------------------- DATE: November 7, 1990 COUNCIL DATE: November 13, 1990 TO: HONORABLE MAYOR AND CITY COUNCIL VIA: ROBERT L. VAN NORT, CITY MANAGER FROM: RONALD L. KRANZER, CITY ENGINEER SUBJECT: SURETY BOND RELEASE FOR ROAD IMPROVEMENTS, TRACT 31941 The Los Angeles County Department of Public Works is recommending the release of the surety bond guaranteeing the subject improvements based upon the satisfactory completion of the improvements per approved plans. The City Engineer has made a cursory review of the improvements and is in agreement. It is recommended that City Council release the following surety bond: Bond Number: Remaining Road Amount: Surety: Principal: ASI 10+3 224 $261,960.00 Integrity Insurance Company P.O. Box 7714 Burbank, Ca 91510 South Country Corporation 1074 Parkview Dr., Suite 201 Covina, Ca 91724 and instruct the City Clerk to send a copy of the City Council action on this recommendation to the principal, surety and the Director of Public Works, Los Angeles County. RLK:W fi4:nb:2342:db-cc3:bondrel\tr31941.re1 (Narrative continued on next page if necessary) FISCAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number: Deficit: $ Revenue Source: i] -`---------------- --------------------•---- ---------------- Robert L. Van Nort Andrew V. Arczynski Terrence L. Belang City Manager City Attorney Assistant City Mana er 7/24/90 C'4CIFORN\P THOMAS A. TIDEMANSON, Director October 9, 1990 COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 Telephone: (818) 458-5100 The City Council City of Diamond Bar 21660 East Copley Drive, Suite 330 Diamond Bar, California 91765 Dear Council Members: ADDRESS ALL CORRESPONDENCE TO: P.O. BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 IN REPLY PLEASE REFER TO FILE: L-5 ROAD IMPROVEMENTS TRACT NO. 31941 VICINITY OF GOLDRUSH DRIVE AND DIAMOND BAR BOULEVARD The construction of road improvements guaranteed by the improvement security listed below has been completed in compliance with the plans and specifications. IT IS RECOMMENDED THAT YOUR COUNCIL: 1. Approve. and accept the work for maintenance this date. 2. Exonerate the following listed surety bond: Bond Number ASI 100 224 Remaining Amount — $261,900 Surety - Integrity Insurance Company Principal - South Country Corporation 1074 Parkview Drive, Suite 201 Covina, California 91724 Please instruct the City Clerk to send a copy of the City Council action on this recommendation to the principal, and this office. Very truly yours, T. A. TIDEMANSON ,----Director of Public Works . C. DATWY R Assistant eputy Director Land Development Division LG:sg/31941 cc: City Clerk ZOCA T/O/V OF LOS li* { 1 t AN x x x C'4LIF RMP THOMAS A. TIDEMANSON, Director October 9, 1990 COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803.1331 Telephone: (818) 458-5100 The City Council' City.of Diamond Bar 21660 East Copley Drive, Suite 330 Diamond Bar, California 91765 Dear Council Members: ROAD IMPROVEMENTS TRACT NO. 31941 VICINITY OF GOLDRUSH DRIVE AND DIAMOND BAR BOULEVARD ADDRESS ALL CORRESPONDENCE TO: P.O.BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 IN REPLY PLEASE - REFER TO FILE: L-5 The construction of road improvements guaranteed by the improvement security listed below has been completed in compliance with the plans and specifications. IT IS RECOMMENDED THAT YOUR COUNCIL: 1. Approve.and accept the work for maintenance this date. 2. Exonerate the following listed surety bond: Bond Number ASI 100 224 Remaining Amount - $261,900 Surety - Integrity Insurance Company Principal - South Country Corporation 1074 Parkview Drive, Suite 201 Covina, California 91724 Please instruct the City Clerk to send a copy of the City Council action on this" recommendation to the principal, and this office. Very truly yours, T. A. TIDEMANSON irector of Public Works C. DATWY R Assistant eputy Director Land Development Division LG:sg/31941 cc: City Clerk 4y OF w OS 4 OJr '`°! C4LIFORN�P THOMAS A. TIDEMANSON, Director October 9, 1990 COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 Telephone: (818) 458-5100 The City Council City of Diamond Bar 21660 East Copley Drive, Suite 330 Diamond Bar, California 91765 Dear Council Members: ROAD IMPROVEMENTS TRACT NO. 31941 VICINITY OF GOLDRUSH DRIVE AND DIAMOND BAR BOULEVARD ADDRESS ALL CORRESPONDENCE TO: The construction of road improvements guaranteed by the improvement security listed below has been completed in compliance with the plans and specifications. IT IS RECOMMENDED THAT YOUR COUNCIL: 1. Approve. and accept the work for maintenance this date. 2. Exonerate the following listed surety bond: Bond Number ASI 100 224 Remaining Amount - $261,900 Surety - Integrity Insurance Company Principal - South Country Corporation 1074 Parkview Drive, Suite 201 Covina, California 91724 Please instruct the City Clerk to send a copy of the City Council action on this recommendation to the principal, and this office. Very truly yours, - T. A. TIDEMANSON irector of Public Works . C. DATWY R Assistant Pu Director Land Development Division LG:sg/31941 cc: City Clerk OF LOS 4 X X C'4LlpORN�p THOMAS A. TIDEMANSON, Director COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIIC WORKS 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 Telephone: (818) 458-5100 The City Council City.of Diamond Bar 21660 East Copley Drive, Suite 330 Diamond Bar, California 91765 Dear Council Members: ADDRESS ALL CORRESPONDENCE TO: P.O.BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 IN REPLY PLEASE REFER TO FILE: L-5 ROAD IMPROVEMENTS TRACT NO. 31941 VICINITY OF GOLDRUSH DRIVE AND DIAMOND BAR BOULEVARD The construction of road improvements guaranteed by the improvement security listed below has been completed in compliance with the plans and specifications. IT IS RECOMMENDED THAT YOUR COUNCIL: 1. Approve.and accept the work for maintenance this date, 2. Exonerate the following listed surety bond: Bond Number ASI 100 224 Remaining Amount — $261,900 Surety - Integrity Insurance Company Principal - South Country Corporation 1074 Parkview Drive, Suite 201 Covina, California 91724 Please instruct the City Clerk to send a copy of the City Council action on this recommendation to the principal, and this office. Very truly yours, T. A. TIDEMANSON irector of Public Works C. DATWY R Assistant eputy Director Land Development Division LG:sg/31941 cc: City Clerk eta c�'"I�S,Nc — f 4ClFORN�P THOMAS A. TIDEMANSON, Director October 9, 1990 COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803.1331 Telephone: (8 18) 458-5100 The City Council City.of Diamond Bar 21660 East Copley Drive, Suite 330 Diamond Bar, California 91765 Dear Council Members: ROAD IMPROVEMENTS TRACT NO. 31941 VICINITY OF GOLDRUSH DRIVE AND DIAMOND BAR BOULEVARD The construction of road improvements guaranteed by the improvement security listed below has been completed in compliance with the plans and specifications. IT IS RECOMMENDED THAT YOUR COUNCIL: 1. Approve. and accept the work for maintenance this date. 2. Exonerate the following listed surety bond: Bond Number ASI 100 224 Remaining Amount - $261,900 Surety - Integrity Insurance Company Principal - South Country Corporation 1074 Parkview Drive, Suite 201 Covina, California 91724 Please instruct the City Clerk to send a copy of the City Council action on this recommendation to the principal, and this office. Very truly yours, T. A. TIDEMANSON irector of Public Works C. DATWY R JAss4istant eputy Director Land Development Division LG:sg/31941 cc: City Clerk j AGENDA NO. CITY OF DIAMOND B. AR AGENDA REPORT DATE: November 7, 1990 COUNCIL DATE: November 13, 1990 TO: HONORABLE MAYOR AND CITY COUNCIL VIA: ROBERT L. VAN NORT, CITY MANAGER FROM: RONALD L. KRANZER, CITY ENGINEER, SUBJECT: SURETY BOND RELEASE FOR ROAD IMPROVEMENTS, TRACT 42582 The Los Angeles County Department of Public Works is recommending the release of the surety bond guaranteeing the subject improvements based upon the satisfactory completion of the improvements per approved plans. The City Engineer has made a cursory review of the improvements and is in agreement. RECOMMENDATION: It is recommended that City Council release the following surety bond: Bond Number: Remaining Road Amount: Surety: Principal: ASI 101) 209 $161,000.00 Integrity Insurance Company P.O. Box 7714 Burbank, Ca 91510 South Country Corporation 1074 Parkview Dr., Suite 201 Covina, Ca 91724 and instruct the City Clerk to send a copy of the City Council action on this recommendation to the principal, surety and the Director of Public Works, Los Angeles County. R L K: W F 1: n b: 2342: d b- c c3: b o n d r e qt r42582, re I FISCAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number: Deficit: $ Revenue Source: EWED R6bert L. Van City Manager 7/24/90 lhi Nort (Narrative continued on next page if necessary) ---------------------- Andrew V. Arczynski City Attorney V V q/r V V , V `w Terrence L. Belange Assistant City Manager fv . 2-� - S,eN 6,C.�h'�► rzviNo Coc/�✓T Y LOCA T/DN MAR - - ! NOT To SCALA �� � pF LOg 4N �I COUNTY OF LOS ANGELES } t r DEPARTMENT OF PUBLIC WORKS ><+ C*1C FORN�pX 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 THOMAS A. TIDEMANSON, Director Telephone: (818) 458-5100 October 16, 1990 ADDRESS ALL CORRESPONDENCE TO: P.O.BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 IN REPLY PLEASE REFER TD FILE: L-5 The City Council City of Diamond Bar 21660 East Copley Drive, Suite 330 Diamond Bar, CA 91765 Dear Council Members: ROAD IMPROVEMENTS TRACT NO. 42582 VICINITY OF GOLDRUSH DRIVE AND DIAMOND BAR BOULEVARD The construction of road improvements guaranteed by the improvement security listed below has been completed in compliance with the plans and specifications. IT IS RECOMMENDED THAT YOUR COUNCIL: 1. Approve and accept the work for maintenance this date. 2. Exonerate the following listed surety bond: Bond Number ASI 100 209 Remaining Amount - $161,000 Surety - Integrity Insurance Company Principal - South Country Corporation 1074 Parkview Drive, Suite 201 Covina, California 91724 Please instruct the City Clerk to send a copy of the City Council action on this recommendation to the surety, principal and this office. Very truly yours, T. A. TIDEMANSON 'rector of Public Works eoi%��/fl N. C. DATWY R Assistant puty Director Land Development Division LG:sg/42582 cc: City Clerk pF LOS ?ty wn, AMG IL k _ x '4CIFORM��' THOMAS A. TIDEMANSON, Director October 16, 1990 COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 Telephone: (818) 458-5100 The City Council City of.Diamond Bar 21660 East Copley Drive, Suite 330 Diamond Bar, CA 91765 Dear Council Members: ADDRESS ALL CORRESPONDENCE TO: P.O.BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 IN REPLY PLEASE REFER TO FILE: L-5 ROAD IMPROVEMENTS TRACT NO. .42582 VICINITY OF GOLDRUSH DRIVE AND DIAMOND BAR BOULEVARD The construction of road improvements guaranteed by the improvement security listed below has been completed in compliance 'with the plans and specifications. IT IS RECOMMENDED THAT YOUR COUNCIL: 1. Approve -and accept the work for maintenance this date. 2. Exonerate the following listed surety bond: Bond Number ASI 100 209 Remaining Amount - $161,000 Surety - Integrity Insurance Company -- -- --- Pr-inciDal----South -Country Corporation-- 1074 orporation- 1074 Parkview Drive, Suite 201 Covina, California 91724 Please instruct the City Clerk to send a copy of the City Council action on this recommendation to the surety, principal and this office. Very truly yours, T. A. TIDEMANSON 'rector of Dublic Works N. C. DATWY R r Assistant puty Director Land Development Division LG:sg/42582 cc: City Clerk Of LOS + + N _+ � x kC4lIPOnH�pX . THOMAS A. TIDEMANSON, Director October 16, 1990 COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 Telephone. (818) 458-5100 The City Council City of Diamond Bar 21660 East Copley Drive, Suite 330 Diamond Bar, CA 91765 Dear Council Members: ROAD IMPROVEMENTS TRACT NO. 42582 VICINITY OF GOLDRUSH DRIVE AND DIAMOND BAR BOULEVARD ADDRESS ALL CORRESPONDENCE TO: P.O.BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 IN REPLY PLEASE REFER TO FILE: The construction .of road improvements guaranteed by the improvement security listed below has been completed in compliance with the plans and specifications. IT IS RECOMMENDED THAT YOUR COUNCIL: 1. Approve. and accept the work for maintenance this date. 2. Exonerate the following listed surety bond: Bond Number ASI 100 209 Remaining Amount - $161,000 Surety - Integrity Insurance Company --- - — ---- Princ-ipal-=S-oath--Country- Corpora tion ------ --- -- - ---------- 1074 Parkview Drive, Suite 201 Covina, California 91724 Please instruct the City Clerk to send a copy of the City Council action on this recommendation to the surety, principal and this office. Very truly yours, T. A. TIDEMANSON rector of blic Works N. C. DATWY R Assistant puty Director Land Development Division LG:sg/42582 cc: City Clerk OF OS,�G } C LIFOANta' . THOMAS A. TIDEMANSON, Director October 16, 1990 COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 Telephone: (818) 458-5100 The City Council City of Diamond Bar 21660 East Copley Drive, Suite 330 Diamond Bar, CA 91765 Dear Council Members: ROAD IMPROVEMENTS TRACT NO. 42582 VICINITY OF GOLDRUSH DRIVE AND DIAMOND BAR BOULEVARD ADDRESS ALL CORRESPONDENCE TO: P.O.BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 ' IN REPLY PLEASE - REFER TO FILE: L-5 - The construction of road improvements guaranteed by the improvement security listed below has been completed in compliance with the plans and specifications. IT IS RECOMMENDED THAT YOUR COUNCIL: 1. Approve. and accept the work for maintenance this date. 2. Exonerate the following listed surety bond: Bond Number ASI 100 209 Remaining Amount - $161,000 Surety - Integrity Insurance Company ---- - —---------------P-rncipal= -South-Countr-y--Corporation------------- 1074 Parkview Drive, Suite 201 Covina, California 91724 Please instruct the City Clerk to send a copy of the City Council action on this recommendation to the surety, principal and this office. Very truly yours, T. A. TIDE14ANSON f o4orxi blit Works 1 N. C. DATWY R Assistant putt' Director Land Development Division LG:sg/42582 cc: City Clerk J:t{ of Los 44CF COUNTY OF LOS ANGELES }� + _ f DEPARTMENT OF PUBLIC WORKS x 900 SOUTH FREMONT AVENUE C4CIFORN�P" ALHAMBRA, CALIFORNIA 91803-1332 THOMAS A. TIDEMAN80N, Director Telephone: (818) 458-5100 October 16, 1990_=_ The City Council City of Diamond Bar 21660 East Copley Drive, Suite 330 Diamond Bar, CA 91765 Dear Council Members: ADDRESS ALL CORRESPONDENCE TO: P.O.BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 IN REPLY PLEASE - REFER TO FILE: L-5 . ROAD IMPROVEMENTS TRACT NO. 42582 VICINITY OF GOLDRUSH DRIVE AND DIAMOND BAR BOULEVARD The construction of road improvements guaranteed by the improvement security listed below has been completed in compliance with the plans and specifications. IT IS RECOMMENDED THAT YOUR COUNCIL: 1. Approve -and accept the work for maintenance this date. 2. Exonerate the following listed surety bond: Bond Number ASI 100 209 Remaining Amount - $161,000 Surety - Integrity Insurance Company ----------- -------- ------Principal- --South--Count-ry--Corporaltion--.__------------ 1074 Parkview Drive, Suite 201 Covina, California 91724 Please instruct the City Clerk to send a copy of the City Council action on this recommendation to the surety, principal and this office. Very truly yours, T. A. TIDEMANSON rector of ATblic Works N. C. DWY R Assistant puty Director Land Development Division LG:sg/42582 cc: City Clerk P >g X,V 60XW4ZI�71VO ,,J� Coc�•� r t' LOCA PONMAP . NoT Ta 564ze AGENDA NO. , ---------------------- CITY OF DIAMOND BAR AGENDA REPORT' DATE: November 7, 1990 COUNCIL DATE: November 13, 1990 TO: HONORABLE MAYOR AND CITY COUNCIL. VIA: ROBERT L. VAN NORT, CITY MANAGER FROM: RONALD L. KRANZER, CITY ENGINEEF���� SUBJECT: SURETY BOND RELEASE FOR ROAD IMPROVEMENTS, TRACT 42580 The Los Angeles County Department of Public Works is recommending the release of the surety bond guaranteeing the subject improvements based upon the satisfactory completion of the improvements per approved plans. The City Engineer has made a cursory review of the improvements and is in agreement. RECOMMENDATION: It is recommended that City Council release the following surety bond: Bond Number: Remaining Road Amount: Surety: Principal: ASI 100 198 $92,750.00 Integrity Insurance Company P.O. 13ox 7714 Burbank, Ca 91510 South Country Corporation 1074 Parkview Dr., Suite 201 Covina, Ca 91724 and instruct the City Clerk to send a copy of the City Council action on this recommendation to the principal, surety and the Director of Public Works, Los Angeles County. RLK:W;k. nb:2342:db-oo3:bondrel\tr42580.reI (Narrative continued on next page if necessary) FISCAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number: Deficit: $ Revenue Source: LIM L z L, V- - ----------------------- X Robert L. Van Nort Andrew V. Arczynski Terrence L. Belang 7249 Manager City Attorney Assistant City Manager eeAnv4=71NO CovNTY MAP :ALS OF LO$ r f x C'4LIFORN��'x THOMAS A. TIDEMANSON, Director October 30, 1990 (WNTY OF LOS ANGE&S DEPARTMENT OF PUBLIC WORKS 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803.1331 Telephone: (818) 458-5100 The City Council City of Diamond Bar 21550 East Copley Drive, Suite 330 Diamond Bar, California 91765 Dear Council Members: ROAD IMPROVEMENTS TRACT NO. 42580 VICINITY OF DIAMOND BAR BOULEVARD AND GOLDEN SPRINGS DRIVE ADDRESS ALL CORRESPONDENCE TO: P.O.BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 IN REPLY PLEASE REFER TO FILE: L-5 The construction of road improvements guaranteed by the improvement security listed below has been completed in compliance with the plans and specifications. IT IS RECOMMENDED THAT YOUR COUNCIL: 1. Approve and accept the work for maintenance this date. 2. Exonerate the following listed surety bond: Bond Number ASI 100 198 Remaining Amount - $92,750 Surety - Integrity Insurance Company Principal - South Country Corporation 1074 Parkview Drive, Suite 201 Covina, California 91724 Please instruct the City Clerk to send a copy of the City Council action on this recommendation to the surety, principal, and Superintendent of Streets/City Engineer. Very truly yours, T. A. TIDEMANSON Director of Public Works N. C. DATWYLER Assistant Deputy Director Land Development Division LG:sg/42580 cc: City Clerk AGENDA NO. CITY OF DIAMOND BAR AGENDA REPORT DATE: November 7, 1990 COUNCIL DATE: November 13, 1990 TO: HONORABLE MAYOR AND CITY COUNCIL VIA: ROBERT L. VAN NORT, CITY MANAGER FROM: RONALD L. KRANZER, CITY ENGINEER, SUBJECT: SURETY BOND RELEASE FOR ROAD IMPROVEMENTS, TRACT 42582 The Los Angeles County Department of Public Works is recommending the release of the surety bond guaranteeing the subject improvements based upon the satisfactory completion of the improvements per approved plans. The City Engineer has made a cursory review of the improvements and is in agreement. RECOMMENDATION: It is recommended that City Council release the following surety bond: Bond Number: Remaining Road Amount: Surety: Principal: ASI 100 209 $161,000.00 Integrity Insurance Company P.O. Box 7714 Burbank, Ca 91510 South Country Corporation 1074 (Parkview Dr., Suite 201 Covina, Ca 91724 and instruct the City Clerk to send a copy of the City Council action on this recommendation to the principal, surety and the Director of Public Works, Los Angeles County. RLK:W Fly:nb:2342:db-cc3:bondreRtr42582. rel FISCAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number: Deficit: $ Revenue Source: KL'. /1r:W�ll 13 1 � � 1 ZLt� R Bert L. Van Nort City Manager 7/24/90 (Narrative continued on next page if necessary) ----------------------- Andrew V. Arczyns]ki City Attorney -VV -v — — — v 4 » - �v Terrence L. Belange Assistant City Manager F �I OF LOg + 11FORM�p THOMAS A. TIDEMANSON, Director October 16, 1990 C*JNTY OF LOS ANGE*S DEPARTMENT OF PUBLIC WORKS 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 Telephone: (818) 458-5100 The City Council City of Diamond Bar 21660 East Copley Drive, Suite 330 Diamond Bar, CA 91765 Dear Council Members: ROAD IMPROVEMENTS TRACT NO. 42582 VICINITY OF GOLDRUSH DRIVE AND DIAMOND BAR BOULEVARD ADDRESS ALL CORRESPONDENCE TO: P.O.BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 IN REPLY PLEASE REFER TO FILE: L-5 The construction of road improvements guaranteed by the improvement security listed below has been completed in compliance with the plans and specifications.. IT IS RECOMMENDED THAT YOUR COUNCIL: 1. Approve and accept the work for maintenance this date. 2. Exonerate the following listed surety bond: Bond Number ASI 100 209 Remaining Amount - $161,000 Surety - Integrity Insurance Company Principal - South Country Corporation 1074 Parkview Drive, Suite 201 Covina, California 91724 Please instruct the City Clerk to send a copy of the City Council action on this recommendation to the surety, principal and this office. Very truly yours, T. A. TIDEMANSON rector of blit Works N. C. DAT R Assistant puty Director Land Development Division LG:sg/42582 cc: City Clerk CONSENT CALENDAR: CITY OF DIAMOND BAR ADJOURNED REGULAR MEETING NOVEMBER 13, 3.990 CITY COUNCIL MINUTE: EXCERPT On motion made by C/Kim, seconded by C/Papen, the Consent Calendar was approved, with the exception of discussion regarding Commission Handbooks, by the following Roll Call vote: AYES: COUNCILMEMBERS - Papen, Kim, Horcher, MPT/Forbing, M/Werner NOES: COUNCILMEMBERS - None ABSENT: COUNCILMEMBERS - None Bond Exonerations Approved Bond Exonerations for Road Road Improvements Improvements for the following tracts: 31941, Tracts 31941, vicinity of Goldrush. Dr. and Diamond Bar Blvd.; 42580 & 42582 42580, vicinity of Diamond Bar Blvd. and Golden Springs Dr.; and 42582, vicinity of Goldrush Dr. and Diamond Bar Blvd. Lynda Burgess, City Clerk AGENDA NO CITY OF DIAMOND B. AR AGENDA REPORT DATE: November 7, 1990 COUNCIL DATE: November 13, 1990 TO: HONORABLE MAYOR AND CITY COUNCIL VIA: ROBERT L. VAN NORT, CITY MANAGER FROM: RONALD L. KRANZER, CITY ENGINEER SUBJECT: SURETY BOND RELEASE FOR ROAD IMPROVEMENTS, TRACT 31941 The Los Angeles County Department of Public Works is recommending the release of the surety bond guaranteeing the subject improvements based upon the satisfactory completion of the improvements per approved plans. The City Engineer has made a cursory review of the improvements and is in agreement. RECOMMENDATION: It is recommended that City Council release the following surety bond: Bond Number: Remaining Road Amount: Surety: Principal: ASI 100 224 $261,900.00 Integrity Insurance Company P.O. Box 7714 Burbank, Ca 91510 South Country Corporation 1074 Parkview Dr., Suite 201 Covina, Ca 91724 and instruct the City Clerk to send a copy of the City Council action on this recommendation to the principal, surety and the Director of Public Works, Los Angeles County. RLK:WFiI :nb:2342:db cc3:bondreRtr31941.reI FISCAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number: Deficit: $ Revenue Source: REVZ ED ! . � J�� Robert L. Van Nort City Manager 7/24/90 (Narrative continued on next page if necessary) ---------------------- Andrew V. Arczynski Terrence L. Belang City Attorney Assistant City Mana eer THOMAS A. TIDEMANSON, Director October 9, 1990 G, LINTY OF LOS ANGELES DEPARTMENT OF PUBLIC WORKS 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91803-1331 Telephone: (818) 458-5100 The City Council City of Diamond Bar 21660 East Copley Drive, Suite 330 Diamond Bar, California 91765 Dear Council Members: ROAD IMPROVEMENTS TRACT NO. 31941 VICINITY OF GOLDRUSH DRIVE AND DIAMOND BAR BOULEVARD ADDRESS ALL CORRESPONDENCE TO: P.O.BOX 1460 ALHAMBRA, CALIFORNIA 91802-1460 IN REPLY PLEASE REFER TO FILE: L-5 The construction of road improvements guaranteed by the improvement security listed below has been completed in compliance with the plans and specifications. IT IS RECOMMENDED THAT YOUR COUNCIL: I. Approveand accept the work for maintenance this date. 2. Exonerate the following listed surety bond: Bond Number ASI 100 224 Remaining Amount - $261,900 Surety - Integrity Insurance Company Principal - South Country Corporation 1074 Parkview Drive, Suite 201 Covina, California 91724 Please instruct the City Clerk to send a copy of the City Council action on this recommendation to the principal, and this office. Very truly yours, T. A. TIDEMANSON -�iree�c'tor of Public Works 62�� . C. DATWY R Assistant eputy Director Land Development Division LG:sg/31941 cc: City Clerk AGENDA NO.� CITY OF DIAMOND BAR AGENDA REPORT DATE: November 16, 1990 MEETING DATE: November 13, 1990 TO: Honorable Mayor and Members of the City Council VIA: City Manager FROM: Terrence L. Belanger, Assistant City Manager via Kellee A. Fritzal, Administrative Analyst SUBJECT: Commission Handbooks To assist the Commissions in carrying out their assigned duties, Staff has prepared a Commission Handbook relevant to each Commission. The Handbook is based on the new Commission ordinances which the City Council approved October 16, 1990. Included in each Handbook is general information, Commission membership and operations, Commission role, and legal restraints. Each Commission Secretary (Planning Director, Parks and Maintenance Director and City Engineer) was consulted in including information in the Handbook to assist the Commissioners in fulfilling their responsibilities. The Planning Commissioners have a copy of the League of Cities Planning Commission Handbook which is in addition to this Handbook. RECOMMENDATION• Approve the Handbooks and have the Staff distribute to the Commissions. (Narrative continued on next page if necessary) FISCAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number: Deficit: Revenue Source: REVIEWED BY: --------------------------------------------=------------- ---- Robert L. Van Nort Andrew V. Arczynski Terrence L. Belang r City Manager City Attorney Assistant City Manager CITY OF DIAMOND BAR PARKS AND RECREATION COMMISSION HANDBOOK Table of Contents I. INTRODUCTION.......................................1 II. GENERAL INFORMATION CityHistory......... ...............2 Diamond Bar's Form of Government .............2 CityAdvisory Bodies ..........................3 CityStaff ............. ......................3 III. COMMISSION MEMBERSHIP AND OPERATIONS Membership.....................................4 Composition....................................4 Vacancy........................................4 Quorum.........................................5 Meetings....... ..............................5 AgendaFor Meetings............................6 Compensation...................................6 Reimbursement..................................7 Staff Liaison..................................7 IV. COMMISSION ROLE Purpose........................................8 Duties......................................8 Meeting Procedures. ........... ................9 Staff Responsibilities.........................10 Procedures.....................................10 Minutes............ .. .......................11 Commission Recommendations..... ...... .........11 Relations with City Council, Commissions, andCommittees................................11 V. LEGAL RESTRAINTS TheBrown Act..................................12 Conflict of Interest...........................12 Public Record Law ............... ............14 Discrimination and Equal Protection ........... 14 DueProcess....................................14 VI. PARKS AND RECREATION ACTIVITIES Park Facilities...............................15 School Facilities..............................16 Recreation Opportunities....., ................. 17 VII. APPENDIX Diamond Bar Organizational Chart..............18 Description of Commissions/Committees ......... 19 Statement of Principles .......................19 Policies for Service ..........................20 I. INTRODUCTION This handbook in intended to give you an orientation to your role as a Parks and Recreation Commissioner. It includes an introduction to the structure and procedures of Diamond Bar's Municipal Government and a description of Parks and Recreation programs. An overview of the Commission's role and scope of responsibilities is also provided. Diamond Bar Commissioners are vital to our organization and our efforts to meet the needs and interests of the Community. It is hoped this handbook will help you as a member of the City's team. The City Council and staff are most appreciative of your time and efforts. II. GENERAL INFORMATION History of Diamond Bar Around 1900, several parcels of land was combined to form Rancho Los Nogales to establish a vast cattle ranch. In 1918, Fredrick E. Lewis boughs most of the original Rancho Los Nogales and registered the Brand of Diamond Bar with the Department of Agriculture. In 1956 the Transamerica Corporation paid $10 million for 8,000 acres of Diamond Bar Ranch. Transamerica formed a master -planned community that would eventually become home to some 74,000 people. The first model homes were built at the north end of town in 1960, and a development "boom" was begun. The first effort to gain some local voice in government began with the formation of the Diamond Bar Homeowners Association in 1964. The name was changed in 1986 to the Diamond Bar Improvement Association (DBIA) to serve the community as a whole. Since 1964, the DBIA has represented the community before various county agencies on matters of development, and accepted the responsibility for enforcing the covenants, conditions and restrictions (CC&R's) on the deeds of all the residential tracts. In 1976 the Los Angeles County Board of Supervisors created the Diamond Bar Municipal Advisory Council (MAC) to provide a focal point for community input to county government. The City was incorporated April 18, 1989 as a general law city. Diamond Bar is a typical suburban bedroom community with limited commercial or industrial land. The commercial acreage primarily is developed with uses designed to serve residents of the local community. Today's Diamond Bar is a young, upscale residential community of about 74,000 situated among meandering hills and valleys of Brea Canyon covering 14.77 square miles located at the junction of the 1157" and 1160" freeways. Diamond Bar's Form of Government The City of Diamond Bar was incorporated April 18, 1989 as a general law City with a Council/Manager form of government. The Diamond Bar City Council is composed of five members elected for overlapping four year terms by Diamond Bar residents. It is the governing body of the City, vested with regulatory and corporate power. The City Council establishes policy and is ultimately responsible to the people for the actions of the local government. Diamond Bar's organizational structure consists of a mayor, and a mayor pro -tem elected by the City Council. The mayor is the presiding officer of the Council for a period of one year, with the mayor pro -tem as the position's backup. Because of the complexity, diversity and quantity of issues facing the City Council, Commissions are: asked for input in the decision-making process. City Advisory Bodies There are two types of advisory bodies. One is established by City ordinance and is of a permanent nature. The duties, responsibilities and scope of authority are set forth in the enabling ordinance. The other is created by a resolution of the Council to serve a particular function for the City. The primary purpose of both Commissions and Committees is to gather information, weigh public opinion, and examine issues in- depth in order to make a recommendation to the City Council. Citv Staff City Manager - Responsible for the administration of the City's government. He is appointed by the Cite Council and he selects department heads and employees to provide services to the community. He is also the City Treasurer. City Clerk - The City Clerk has the responsibilities of conducting all municipal elections, providing administrative support to the City Council, recording their actions and maintaining records for review. The City Clerk is also the Records Supervisor. Departments - The administrative branch of Diamond Bar's government consists of the following departments: Finance, Parks and Maintenance, Planning and Engineering. The City contracts for Police, Fire Services and Building and Safety. Department Directors are responsible to the City Manager. Neither the Commissions nor the City Council supervise or direct the work of a department. This is done through the direction of the City Council to the City Manager. III. COMMISSION MEMBERSHIP AND OPERATIONS Membership The Parks and Recreation Commission shall consist of five (5) members, each of whom shall be a resident of the City of Diamond Bar. Each member of the Parks and Recreation Commission shall be appointed by one member of the City Council. If a member of the City Council fail to make an appointment. within thirty days of the vacancy in question being created, a majority of the City Council shall appoint to fill the vacancy. The terms of office for the Commission shall be two-year terms commencing on July 1st of even numbered years and expiring on June 30th of even number years. The terms of office of persons initially appointed to the Parks and Recreation Commission shall expire June 30, 1992. Composition The Parks and Recreation Commission shall, at its first regular meeting in July of each calendar year, elect a chairman and vice- chairman from among its appointed members for a term of one year. The Commission may created and fill such other offices as it may determine necessary. Chairman - The Chairman shall preside at all meetings of the Commission and shall appoint all Committees and shall perform all other duties necessary, customary or incidental to the office. Vice -Chairman - The Vice -Chairman in the Chairman's absence or inability to act, shall take the place and perform all duties of the Chairman. In the event of absence or inability to act by both the Chairman and Vice -Chairman, the remaining members of the Commission shall elect one of their members to act as temporary Chairman. The Chairman may appoint special sub -committees of less than a quorum of the Commission. The sub -committee may then meet to carry out their assigned task. The sub -committee meeting will be arranged by staff. Vacancy If a vacancy occurs, other than by expiration of a term, it shall be filled within thirty days by appointment for the unexpired portion of the term by the Council Member who appointed, or had the opportunity to appoint, the Commissioner whose position has been vacated. If that Council Member fails to appoint within that thirty -day period, a majority of the City Council shall appoint to fill the vacancy. 4 If a member of the Parks and Recreation Commission is absent from three (3) consecutive regular meetings or from more than fifty percent (50%) of the regular meeting there of in any one (1) year, the office of said Commission shall thereupon be deemed vacant and the Secretary to the Commission shall immediately inform the City Council thereof. Each member of the Parks and Recreation Commission shall be deemed to have resigned from his/her position on the Commission ninety (90) calendar days after the City Council person who elected the Commissioner is no longer on the City Council, whether by election, reelection or appointment. That position will be deemed vacant and available for appointment for the otherwise unexpired term, if any. Any member of the Parks and Recreation Commission may be removed without cause during his/her term of office by a four-fifths vote of the City Council. No such member may be removed during the initial three months of any term of office for which he/she is appointed except by unanimous vote of the Council. uorum A quorum consists of a majority (3) of the members of the Commission. A quorum is required for the conduct of business at any meeting whether it is a regular, adjourned or special meeting. While a commissioner is expected to be present at all meetings, should he/she know in advance that their attendance is impossible, they should notify the Commission Secretary. If a majority of Commissioners will not be present to allow for a quorum, staff representatives, City Clerk's office and requested news media shall be notified by a written notice. The door at the meeting room should also be posted with this information. Meetings Regular Meetings - Each City Council appointed Commission is required to hold regular monthly meetings open to the public. The Parks and Recreation Commission meets on the fourth Thursday of each month at 6:30 p.m. at the Community Room at 1061 S. Grand Ave. The meeting time and place may be changed with notice duly given to the public to accommodate specific needs. Adjourned Meetings - If, for any reason, the business to be considered at a regular meeting cannot be completed, the Commission may designate a time and date for an adjourned meeting. Any matter to be considered at the regular meeting may be processed at an adjourned meeting. The adjournment must be announced to the public present at the time and recorded in the 5 minutes. A notice adjournment must be posted near the door of the room where the meeting was held within 24 hours of said adjournment. Special Meetings - Special meetings shall be open to the public and shall be held at such time and place: as the Commission determines. Special meetings may be called by the Chairman or majority of the members of the Commission with notice given to the City Council and media at least 24 hours prior to the special meeting. The notice of the meeting must: specify the time and place of the meeting and the business to be transacted, and only matters specified in the notice may be considered. Study Sessions - Study sessions, often called "work sessions", are usually informal, though public. Study sessions are usually scheduled as adjourned regular meetings,, and have a separate agenda. Aaenda for Meetinas The Secretary to the Parks and Recreation Commission is responsible for the preparation and distribution of the agenda and supporting documents prior to each meeting. If a Commissioner would like to place a item on the agenda it needs to be submitted to the Commission Secretary five (5) days prior to the scheduled Commission meeting. The Commission packet will be available by 4 p.m. the Monday proceeding the Commission meeting on Thursday, for Commission pick-up. If the packet of material is late the Commission Secretary will make sure the packets are delivered to the Commissioners. Only those items appearing on the agenda should be discussed at each meeting; however, unanimous consent of all members present may allow other items to be introduced and action taken, if urgency exists and delay would be harmful to the public interest, action must be taken in accordance with Government Code. A vote of the Commission regarding urgency should be reflected in the minutes of the meeting. Compensation The Parks and Recreation Commissioner shall be compensated for attending regularly scheduled, adjourned or special meetings. The sum to be paid to each Commissioner for each such meeting shall be established by a resolution of the City Council. The Commission Secretary is responsible to take attendance and turn in to finance, the Commissioners will be paid on a monthly basis. Each Commissioner has the right and opportunity to waive their right to be compensated, a letter of waiving that right will need to be sent to the City Manager. 6 Reimbursement The Parks and Recreation Commission may receive travel expenses, meals, lodging and related expenses incidental to the performance of their official duties, including attendance at seminars, conferences or training courses approved by City Council. For the Commission to receive Compensation it must be approved in advance by the City Council. Said expenses may by advanced to Commissioners or otherwise paid to them in accordance with policies established by City Council. The Secretary to the Commission will handle all paperwork necessary to receive compensation. Staff Liaison The Director of Parks and Maintenance shall be the Secretary to the Parks and Recreation Commission. 7 IV. COMMISSION ROLE Purpose The purpose of the Commission shall be: 1. To coordinate all of the recreation and leisure activities of the City. 2. To provide for the establishment and maintenance of sound recreation and parks programs. 3. To ensure the efficient operation of all recreation and park facilities within the City. 4. To encourage a sound and well-rounded program of activities to serve the recreational, park, leisure time and related needs of people within the City. Duties The duties of the Commission shall be: 1. To identify the recreational, leisure time and other people -oriented needs and aspirations of the community and shall be responsible for analyzing alternative methods of fulfilling the needs and aspirations and to presenia alternate solutions or recommendations for action. 2. To act in an advisory capacity to the City Council and City Manager in all matters pertaining to public recreation and people -related activities and to cooperate with all governmental agencies and civic groups in the advancement of sound recreational planning and programming. 3. To recommend joint recreational programming, and to render assistance regarding the terms of contractual agreements on financial aid and recreational planning and programming. 4. To interpret the community park, recreational and leisure time programs to public officials and to the general citizenship in order to promote understanding and financial support from public and private sources. 5. To recommend the establishment of general policies with respect to recreation and parks. 8 6. To assist in the acquisition, development, beautification and maintenance of recreation and park facilities in the City as part of a sound master plan in keeping with community needs and future growth. 7. To advise in the preparation of the annual budget and the long-range recreation and parks capital improvement budget. Meeting Procedures The following steps will help run an effective meeting. 1. Call the meeting to order - promptly at the appointed hour. 2. Roll call - ask the Secretary to call the roll. 3. 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 the agenda. Have the speaker complete a speakers card and hand to the secretary. 4. Consent Calendar - All matters under consent items on the agenda are considered routine and will be acted upon roll call vote without discussion unless a commission member or member of the audience has a question or would like to discuss a item. In that event, the Chairperson will remove that item from the Calendar and place it for separate consideration. 5. Regular Agenda Items - Announce the Item, what is to be discussed. Ask the Staff to present the Staff Report. Ask the Commission if they have any questions for the staff. Open the item for public discussion. Invite those in favor of the item to speak. Invite those in opposition to speak. Ask the staff if any written communications have been received and, if so, have them read or summarized into the record. Ask the Commission is they have any questions for the staff or public speakers. Turn the item over to the Commission for discussion. After a Commissioner makes a motion and is seconded the Commission can discuss the motion. If there is no second the motion dies. A commissioner can male an amendment to the motion only if there is a second. Ask if there is any dis- cussion of the amendment. The amendment must be voted upon, if it is passed or failed the motion is then voted upon. 9 Staff Responsibilities The Parks and Maintenance Director, appointed by the City Manager, lends technical support to the Park and Recreation Commission and serves as the Secretary to the Commission. The Parks and Maintenance Director provides the data, information and professional counsel to the Park and Recreation Commission while serving as liaison between policy formulation and implantation of same through administrative procedures. As delegated by the City Manager, the Parks and Maintenance Director is primarily responsible for administering the day-to- day operation and functions of Parks and Maintenance Departments, as well as the Recreational aspects, within the policies and guidelines as established by the City Council, City Manager and the Parks and Recreation Commission. It is also the responsibility of the Parks and Maintenance Director to function as communicator between the Staff, Park and Recreation Commission and the City Manager. The Parks and Maintenance Director will facilitate the clear, concise and efficient communication of all direct questions, comments, and requests for information between the Park and Recreation Commission, City Manager and Staff as well as similar requests between individual Commission members and individual Staff. The City Manager will assign additional staff personnel to assist the Commission in a technical and professional capacity, as needed. It is not expected that every staff recommendation will be followed; however, because of the staff's technical knowledge, full consideration should be given to their recommendation. Staff members make objective recommendations without consideration of personal or political consequences. After the staff makes a report or recommendation Ito the Commission, staff is at liberty to make their same recommendation to the City Council via the City Manager, even though the Commission may have taken a different position. Procedures All Commissioners' requests for information from the staff requiring extensive time commitments will come through the Commission as a whole at a regular meeting, during Commissioners Comments. If a Commissioner considers the requests an emergency, and time allows, he will attempt to obtain the Chairman's approval to direct the request to the Parks and Maintenance Director or appropriate staff. If the Chairman is unavailable, 10 then the Commissioners may directly contact the Director or appropriate staff. The Director, or staff member contacted will then report to the Commission at the next regular meeting the nature of the request and the action taken. When a request is made by a Commissioner for copies of correspondence/information then all Commissioners shall be sent copies of the same information. Each Commission may adopt rules and procedures to accomplish its duties. These rules are subject to City Council approval. Minutes Minutes are taken at all Commission meetings, transcribed and included in the following agenda packet„ Once approved the minutes are forwarded to the City Council for their information. Minutes are then kept as the official record for the Parks and Recreation Commissions actions, they are open to public review. Commission Recommendations All actions the Parks and Recreation Commission takes are of an advisory nature and are sent to the Cite Council by staff. A review of each recommendation is conducted by City Council and the City Manager for consideration for placement on City Council agenda. The Commission may only recommend items to Council that are on the agenda with -supporting documents and voted upon. It is the Parks and Maintenance Director's responsibility to forward all Commission recommendations to the City Manager. Relations with City Council, Commissions and Committees In areas where there is overlap of jurisdiction between various Commissions, it is important a liaison be developed to insure consideration of the different viewpoints, and to minimize duplications. Joint meetings with the City Council and other commissions and committees may be mutually beneficial whenever two bodies are simultaneously addressing the same topics. 11 V. LEGAL RESTRAINTS The Brown Act "All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter." (Government Code Section 54953) The law requires meetings, at which a quorum of the Commission is in attendance, must be open to the public. Agendas must be posted 72 hours prior to the regular meetings and they must contain a brief description of each item to be discussed in language understandable to the public. No action, or commitment, may be taken on items which are not on the posted agenda. No discussion may occur regarding an item which is not posted on the Agenda. Items brought up by the general public may be presented, but there will be no discussion held or action taken, The Commission may refer the item to staff. Every Agenda must provide an opportunity for the public to address the Commission. A copy of the Brown Act is available in the City Clerk's office. Conflict of Interest In compliance with the Political Reform Act, the City of Diamond Bar adopted a Conflict of Interest Code on October 3, 1989. It states that newly designated Commissioners must file a Conflict of Interest Statement within ten (10) days of appointment and thirty (30) days after leaving office. The Statements forms can be obtained at the City Clerk's Office and are kept by the City Clerk. If a matter in which you, as a Commissioner, have a financial interest which comes before the Commission on which you serve, and the decision will naturally affect that financial interest, you must disqualify yourself from all participation. This means you may not discuss the matter with your colleagues, may not participate in deliberations concerning the matter, must abstain from voting, and should refrain from arra attempt to influence the decision on this matter. Commissioners should leave the room while the matter is under consideration in order to avoid violating these prohibitions. The financial interest leading to abstention must be identified and recorded by the Secretary. If a reason is not offered, the Chairperson should request it. 12 Financial Interest Defined - The Political Reform Act and the accompanying Fair Political Practice Commission Regulations state that public officials have a conflict of interest concerning City decisions which will materially affect any of the following "financial interests": 1. Business entities - in which: a) you, your spouse, or your minor children have a direct or indirect investment, worth more than One Thousand Dollars ($1,000) or b) you are a director officer, partner, trustee, employee, or manager„ 2. Real property - that is: a) directly or indirectly owned by you, your spouse, or your minor children and worth more than One Thousand Dollars ($1,000); or b) a leasehold interest in real property directly or indirectly held by you, your spouse, or your minor children. 3. Sources of Income - of the following nature: a) an individual or firm which has paid, provided, or promised you two hundred and fifty dollars ($250) in income within twelve months prior to the time the decision was made. "Income" :includes your community property share of spouse's income. It also includes your pro rata share of gross :income received by an entity in which you or your spouse have an interest of ten percent (10%) or more. Income received to achieve a goal or purpose which would be achieved, defeated, aided, or hindered by a Commission decision. 4. The personal expenses, income, assets or liabilities of you or your immediate family, if they will be increased or decreased by two hundred and fifty dollars ($250) or more by the foreseeable results of the Commission decision. Disqualification - The general rule is that a public official may not make, participate in making, or use their official position to influence a City decision in which they have a financial interest. Thus, they may not act as advocates or judges on matters in which they a financial interest. There are two exceptions to the general rule. The first exception is that a commissioner will not be disqualified if the decision will affect the commissioner's financial interest in the same manner it will affect the public generally. The second exception is that a commissioner may be advocates on their own behalf, provided that they do this as any other citizen would. Personal interests are defined as real property or businesses owned entirely by a commissioner and his/her immediate family, and businesses managed entirely by a commissioner, spouse, or both. City officials should seek the advice of the City Attorney before becoming 13 involved in and Commission decision wherein there is the possibility of conflict of interest. It: is desirable to guard against even the suspicion of unethical conduct by any City official. City officials should be careful to avoid any act or statement that might be misconstrued. Their official behavior should appear to all concern, to be above reproach. Public Record Law The Government Code of the State of California provides that all official records of the City are open for inspection by any interested citizen at reasonable times. All Commission minutes and supporting documents are public records and are available for public review and copying. Discrimination and Equal Protection All rules, regulations, laws, services, and facilities must apply equally to all persons and not give favor to any segment of the community. Similarly, all policies and ordinances of the City must afford equal protection to all facets of the Community. Due Process Governmental procedures and processes generally provide that an affected party has a right to be heard and to present testimony during required public hearings. Unfair determinations, such as dias, predetermination, refusal to hear, etc., may invalidate a Commission action. 14 VI. PARKS AND RECREATION ACTIVITIES Park Facilities STARSHINE PARK 20838 Starshine Avenue 2.0 acres Children's play area, landscaping SUMMIT RIDGE PARK Grand at Summit Ridge Road 26.0 acres Group camping, multi-purpose fields„ baseball fields, picnic facilities, children's play area, restroom facilities, fitness trail SYCAMORE CANYON PARK 22930 Golden Springs Drive 51.0 acres (4 acres undeveloped) Ball field, snack bar, picnic facilities, children's play area, restroom facilities PAUL C. GROW PARK Quail Summit Drive at Highbluff Road 5.0 acres Multipurpose football/soccer field, baseball filed, picnic facilities, children's play area HERITAGE PARK 2900 Brea Canyon Road 3.4 acres Community Center, lighted softball/baseball field, hard court surface, picnic facilities, children's play area, rest room facilities LARKSTONE PARK Larkstone Drive at Dab Court 2.0 acres Undeveloped MAPLE HILL PARK 1309 South Maple Hill Road 4.0 acres basketball court, picnic facilities, lighted tennis courts, children's play area, restroom facilities PANTERA PARK Bowcreek Drive at Pantera Drive 23.0 acres Undeveloped 15 CARLTON J. PETERSON PARK 24142 East Sylvan Glen Drive 16.2 acres Picnic facilities, children's play area, two softball fields, multi-purpose field, restroom facility RONALD REAGAN PARK Pathfinder Road at Peaceful Hill Road 6.0 acres Lighted basketball court, lighted tennis courts, picnic facilities, children's play area, restroom facilities School Facilities Pomona Unified School District facilities: Armstrong Elementary School 22750 Beaverhead Dr. Diamond Point Elementary School 24150 Sunset Crossing Golden Springs Elementary School 245 Ballena Dr. Lorbeer Junior High School 501 S. Diamond Bar Blvd. Walnut Unified School District Castle Rock Elementary School 2975 Castle Rock Multi-purpose room, 4 baseball backstops, 6 basketball courts Evergreen Elementary School 2450 Evergreen Springs Dr. Multi-purpose room with stage/lightening, play lot, 4 baseball fields, 3 practice soccer fields Maple Hill Elementary School 1350 Maple Hill Road 2 basketball courts, 3 baseball fields, soccer field 16 Quail Summit Elementary School 23330 Quail Summit Drive Soccer Field, running trail, restroom facilities Walnut Elementary School (located in Diamond Bar) 841 Glenwick Ave. South Point Middle School 20671 Larkstone Drive Chaparral Intermediate School 1405 Spruce Tree Dr. Soccer fields, tennis courts, activity room, gymnasium, multipurpose room, portables can be used Diamond Bar High School 21400 Pathfinder Rd. Gymnasium, portables, football stadium, 3 baseball fields, tennis courts, handball courts, sand volleyball Recreation Opportunities The City of Diamond Bar currently is in a joint powers authority with the City of Walnut and Walnut Unified School District to provide recreation opportunities. Recreation Services currently offered are: Contract Classes Special Events Child Care Youth/Adult Sports Excursions Park Scheduling/monitors 17 VII. APPENDIX ORGANIZATIONAL CHART OF THE CITY OF DIMOND BAR 18 Description of Commissions/Committees Planning Commission Comprised of five members of the community. The Planning Commission reviews all development issues (tract maps, specific plans, hillside development, etc.) to assure it conforms with the General Plan. Many actions of the Planning Commission are final, unless appealed to the City Council. Traffic and Transportation Commission Comprised of five members of the community. The Traffic and Transportation Commission reviews local traffic conditions and recommends to the City Council appropriate actions to deal with traffic congestions. Significant Ecological Area Technical Advisory Committee (SEATAC) A committee of environmental professionals assigned to review and advise the City on the ecological impacts of development proposed within a significant ecological area (SEA). Pursuant to Munici- pal Code Section 22.56.215. General Plan Advisory Committee Comprised of local community members, they are assisted by the Planning Director and a consultant. They are preparing the Diamond Bar General Plan that is the guiding document for future development. Statement of Principles The Diamond Bar City Council supports the proper operation of Diamond Bar government requires that: 1. Public officials be independent and impartial in their judgements and actions. 2. Decisions and policy be made in the proper channels of the governmental structure. 3. Public office, whether appointed or elected, not be used for personal gain. 4. The public have confidence in the integrity and openness of its government and public officials. 19 Policies for Service The City Council has therefore, adopted the following policies: 1. Respect the importance of American ideals of government and the rule of the law. 2. Work for the common good of the City of Diamond Bar and its citizens and not for any private interests. 3. Provide fair, equal, and courteous treatment for all persons and matters coming before the Council or any Commission. 4. Learn and study the background and purposes of important items of business before voting. 5. Perform faithfully all duties of office, including attendance at Commission training sessions. 6. Refrain from disclosing any confidential information concerning the government of the City of Diamond Bar. (For example personnel, negotiations, litigation.) 7. Avoid accepting any gifts, or favors, or promises of future benefits which might compromise or :impair independence of judgement or action. 8. Refuse to approve any breach of public trust or improper attempts to influence any pending matter. 9. File a Conflict of Interest Statement with the City of Diamond Bar within ten (10) days of appointment as a public official. Make sure all "financial interests" are disclosed as required. Thereafter, file appropriate Conflict of Interest Statements as required by law. 10. Disclose financial interests which are likely to be materially affected by the City's or Commission's decision, when performing City duties. 11. Refuse to vote, appoint a person, commit the City, enter into a contract or otherwise make City decision in which you have a disqualifying financial interest. 12. Refuse to negotiate, advise, make recommendations, conduct research, or prepare any analysis or reports concerning City decisions in which they have disqualifying financial interest. 13. Decline any employment incompatible with public duty or resign form his/her position as a public official, elected or appointed. However, he/she may be employed or may contract(s) with the City of Diamond Bar. 20 14. Recognize that repeated disqualification demeans the value of our service to the City. If this is occurring, resignation would be appropriate. 21 CITY OF DIAMOND BAR PLANNING COMMISSION Table of Contents I. INTRODUCTION..................................1 II. GENERAL INFORMATION CityHistory........ •........ ..............2 Diamond Bar's Form of Government .............2 City Advisory Bodies.. ......................3 CityStaff....................................3 III. COMMISSION MEMBERSHIP AND OPERATIONS Membership.....................................4 Composition....................................4 Vacancy........................................4 Quorum.........................................5 Meetings......................................5 Agenda For Meetings ............................6 Compensation...................................6 Reimbursement..... ...........................6 StaffLiaison..................................7 IV. COMMISSION ROLE Powers and Duties ....... ......................8 Suggested Meeting Procedures..................8 Staff Responsibilities ........................9 Procedures........................,............9 Minutes' ................ .......................10 Commission Recommendations....... .. ........10 Relations with City Council, Commissions, and Committees.................................10 V. LEGAL RESTRAINTS TheBrown Act ...... ..........................11 Conflict of Interest ..........................11 Public Record Law .............................13 Discrimination and Equal Protection ........... 13 DueProcess....... ..........................13 VI. APPENDIX Diamond Bar Organizational Chart... ...........14 Planning Department Organizational Chart......14 Description of Commissions/Committees ......... 15 Statement of Principles .......................15 Policies for Service ..........................16 I. INTRODUCTION This handbook in intended to give you an orientation to your role as a Planning Commissioner. It includes an introduction to the structure and procedures of Diamond Bar's Municipal Government and a description of Planning Commission. An overview of the Commission's role and scope of responsibilities is also provided. Diamond Bar Commissioners are vital to our organization and our efforts to meet the needs and interests of the Community. It is hoped this handbook will help you as a member of the City's team. The City Council and staff are most appreciative of your time and efforts. II. GENERAL INFORMATION History of Diamond Bar Around 1900, several parcels of land was combined to form Rancho Los Nogales to establish a vast cattle ranch. In 1918, Fredrick E. Lewis boughs most of the original Rancho Los Nogales and registered the Brand of Diamond Bar with the Department of Agriculture. In 1956 the Transamerica Corporation paid $10 million for 8,000 acres of Diamond Bar Ranch. Transamerica formed a master -planned community that would eventually become home to some 74,000 people. The first model homes were built at the north end of town in 1960, and a development "boom" was begun. The first effort to gain some local voice in government began with the formation of the Diamond Bar Homeowners Association in 1964. The name was changed in 1986 to the Diamond Bar Improvement Association (DBIA) to serve the community as a whole. Since 1964, the DBIA has represented the community before various county agencies on matters of development, and accepted the responsibility for enforcing the covenants, conditions and restrictions (CC&R's) on the deeds of all the residential tracts. In 1976 the Los Angeles County Board of Supervisors created the Diamond Bar Municipal Advisory Council (MAC) to provide a focal point for community input to county government. The City was incorporated April 18, 1989 as a general law city. Diamond Bar is a typical suburban bedroom community with limited commercial or industrial land. The commercial acreage primarily is developed with uses designed to serve: residents of the local community. Today's Diamond Bar is a young, upscale residential community of about 74,000 situated among meandering hills and valleys of Brea Canyon covering 14.77 square miles located at the junction of the 1157" and 1160" freeways. Diamond Bar's Form of Government The City of Diamond Bar was incorporated April 18, 1989 as a general law City with a Council/Manager form of government. The Diamond Bar City Council is composed of five members elected for overlapping four year terms by Diamond Bar residents. It is the governing body of the City, vested with regulatory and corporate power. The City Council establishes policy and is ultimately responsible to the people for the actions of the local government. Diamond Bar's organizational structure consists of a mayor, and a mayor pro -tem elected by the City Council. The mayor is the presiding officer of the Council for a period of one year, with the mayor pro -tem as the position's backup. Because of the complexity, diversity and, quantity of issues facing the City Council, Commissions are asked for input in the decision- making process. City Advisory Bodies There are two types of advisory bodies. One is established by City ordinance and is of a permanent nature. The duties, responsibilities and scope of authority are set forth in the enabling ordinance. The other is created by a resolution of the Council to serve a particular function :for the City. The primary purpose of both commissions and Committees is to gather information, weigh public opinion, and examine issues in-depth in order to make a recommendation to the City Council. Citv Staff City Manager - Responsible for the administration of the City's government. He is appointed by the City Council and he selects department heads and employees to provide services to the community. He is also the City Treasurer. City Clerk - The City Clerk has the responsibilities of conducting all municipal elections, providing administrative support to the City Council, recording their actions and maintaining records for review. The City Clerk is also the Records Supervisor. Departments - The administrative branch of Diamond Bar's government consists of the following departments: Finance, Parks and Maintenance, Planning and Engineering. The City contracts for Police, Fire Services and Building and Safety. Department Directors are responsible to the City Manager. Neither the Commissions nor the City Council supervise or direct the work of a department. This is done through the direction of the City Council to the City Manager. 3 III. COMMISSION MEMBERSHIP AND OPERATIONS Membership The Planning Commission shall consist of five (5) members, each of whom shall be a resident of the City of Diamond Bar. Each member of the Planning Commission shall be appointed by one member of the City Council. If a member of the City Council fail to make an appointment within thirty days of the vacancy in question being created, a majority of the City Council shall appoint to fill the vacancy. The terms of office for the Commission shall be two-year terms commencing on July 1st of even numbered years and expiring on June 30th of even number years. The terms of office of persons initially appointed to the Planning Commission shall expire June 30, 1992. Composition The Planning Commission shall, at its first regular meeting in July of each calendar year, elect a chairman and vice-chairman from among its appointed members for a term of one year. The Commission may created and fill such other offices as it may determine necessary. Chairman - The Chairman shall preside: at all meetings of the Commission and shall appoint all Committees and shall perform all other duties necessary, customary or incidental to the office. Vice -Chairman - The Vice -Chairman in the Chairman's absence or inability to act, shall take the place and perform all duties of the Chairman. In the event of absence or inability to act by both the Chairman and Vice -Chairman, the remaining members of the Commission shall elect one of their members to act as temporary Chairman. The Chairman may appoint special sub -committees of less than a quorum of the Commission. The sub -committee may then meet to carry out their assigned task. The sub -committee meeting will be arranged by staff. Vacancy If a vacancy occurs, other than by expiration of a term, it shall be filled within thirty days by appointment for the unexpired portion of the term by the Council Member who appointed, or had the opportunity to appoint, the Commissioner whose position has been vacated. If that Council Member fails to appoint within that thirty -day period, a majority of the City Council shall appoint to fill the vacancy. 4 If a member of the Planning Commission is absent from three (3) consecutive regular meetings or from more than fifty percent (50%) of the regular meeting there of in any one (1) year, the office of said Commission shall thereupon be deemed vacant and the Secretary to the Commission shall immediately inform the City Council thereof. Each member of the Planning Commission shall be deemed to have resigned from his/her position on the Commission ninety (90) calendar days after the City Council person who elected the Commissioner is no longer on the City Council, whether by election, reelection or appointment. That position will be deemed vacant and available for appointment for the otherwise unexpired term, if any. Any member of the Planning Commission may be removed without cause during his/her term of office by a four-fifths vote of the City Council. No such member may be removed during the initial three months of any term of office for which he/she is appointed except by unanimous vote of the Council. uorum A quorum consists of a majority (3) of the members of the Commission. A quorum is required for the conduct of business at any meeting whether it is a regular, adjourned or special meeting. while a commissioner is expected to be present at all meetings, should he/she know in advance that their attendance is impossible, they should notify the Commission Secretary. If a majority of Commissioners will not be present to allow for a quorum, staff representatives, City Clerk's office and requested news media shall be notified by a written notice. The door at the meeting room should also be posted with this information. Meetings Regular Meetings - Each City Council appointed Commission is required to hold regular monthly meetings open to the public. The Planning Commission meets on the second and fourth Mondays of each month. The meeting time and place may be changed with notice duly given to the public to accommodate specific needs. Adjourned Meetings - If, for any reason, the business to be considered at a regular meeting cannot be completed, the Commission may designate a time and date for an adjourned meeting. Any matter to be considered at the regular meeting may be processed at an adjourned meeting. The adjournment must be announced to the public present at the time and recorded in the minutes. A notice adjournment must be posted near the door of the room where the meeting was held within 24 hours of said adjournment. 5 Special Meetings - Special meetings shall be open to the public and shall be held at such time and place as the Commission determines. Special meetings may be called by the Chairman or majority of the members of the Commission with notice given to the City Council and media at least 24 hours prior to the special meeting. The notice of the meeting must specify the time and place of the meeting and the business to be transacted, and only matters specified in the notice may be considered. Study Sessions - Study sessions, often called "work sessions", are usually informal, though public. Study sessions are usually scheduled as adjourned regular meetings, and have a separate agenda. Aaenda for Meetings The Secretary to the Planning Commission is responsible for the preparation and distribution of an agenda and supporting documents prior to each meeting. If a Commissioner would like to place a item on the agenda it needs to be submitted to the Commission Secretary five (5) days prior to the scheduled Commission meeting. The Commission packet will be available Friday by 5:00 p.m. proceeding_ the Commission meeting on Monday, for Commission pick-up. Only those items appearing on the agenda should be discussed at each meeting; however, unanimous consent of all members present may allow other items to be introduced and action taken, if urgency exists and delay would be harmful to the public interest, action must be taken in accordance with Government Code. A vote of the Commission regarding urgency should be reflected in the minutes of the meeting. Compensation The Commissioner shall be compensated for attending regularly scheduled, adjourned or special meetings. The sum to be paid to each Commissioner for each such meeting shall be established by resolution of the City Council. Each Commissioner has the right and opportunity to waive their right to be compensated, a letter of waiving that right will need to be sent to the City Manager. Reimbursement The Planning Commission may receive travel expenses, meals, lodging and related expenses incidental to the performance of their official duties, including attendance at seminars, conferences or training courses approved by the annual budget. For the Commission 1.1 to receive Compensation it must be approved in advance by the City Council. Said expenses may by advanced to Commissioners or other- wise paid to them in accordance with policies established by City Council. The Secretary to the Commission will handle all paperwork necessary to receive compensation. Staff Liaison The Director of Planning shall be the Secretary to the Planning Commission. 7 IV. COMMISSION ROLE Powers and Duties The Planning Commission shall have power to do and perform such acts and carry out and put into effect such plans and programs as are provided by and pursuant to the provisions of the State Planning Act, Claifornia Government Code: Sections 65100, et seq., and shall serve as the Advisory Agency to the City Council regarding subdivisions and non-residential parcel maps. Suggested Meeting Procedures The following steps will help run an effective meeting. 1. Call the meeting to order - promptly at the appointed hour. 2. Roll call - ask the recording Secretary to call the roll. 3. 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 the agenda. Have the speaker complete a speakers card and hand to the secretary. 4. Consent Calendar - All matters under consent items on the agenda are considered routine and will be acted upon roll call vote without discussion unless a Commission member or member of the audience has a question or would like to discuss a item. In that event, the Chairperson will remove that item from the Calendar and place it for separate consideration. 5. Regular Agenda Items - Announce the Item, what is tobediscussed. Ask the Staff to present the Staff Report. Ask the staff if any written communications have been received and, if so, have them read or summarized into the record. Ask the Commission if they have any questions for the staff. Open the item for public discussion. Invite those in favor of the item to speak. Invite those in opposition to speak. Close Hearing - Ask the Commission if they have any questions for the staff or public speakers. Commission Discussion - After a Commission member makes a motion and it is seconded the Commission can discuss the motion. If there is no second the 8 motion dies. A commissioner can make an amendment to the motion only if there is a second„ Ask if there is any discussion of the amendment. The amendment must be voted upon, if it is passed or failed the motion is then voted upon. Staff Responsibilities The Planning Director, appointed by the City Manager, lends technical support to the Planning Commission and serves as the Secretary to the Commission. The Planning Director provides the data, information and professional counsel to the Planning Commission while serving as liaison between policy formulation and implantation of same through administrative procedures. As delegated by the City Manager, the Planning Director is primarily responsible for administering the day-to-day operation and functions of the Planning Department, as well as the Recreational aspects, within the policies and guidelines as established by the City Council, City Manager and the Planning Commission. It is also the responsibility of the Planning Director to function as communicator between the Staff, Planning Commission and the City Manager and City Council. The Planning Director will facilitate the clear, concise and efficient communication of all direct questions, comments, and requests for information between the Planning Commission, City Manager and Staff as well as similar requests between individual Commission members and individual Staff. The City Manager will assign additional staff personnel to assist the Commission in a technical and professional capacity, as needed. It is not expected that every staff recommendation will be followed; however, because of the staff's technical knowledge, full consideration should be given to their recommendation. Staff members make objective recommendations without consideration of personal or political consequences. After the staff makes a report or recommendation to the Commission, staff is at liberty to make their same recommendation to the City Council via the City Manager, even though the Commission may have taken a different position. Procedures All Commissioners' requests for information from the staff requiring extensive time commitments will come through the Commission as a whole at a regular meeting, during Commissioners Comments.. If a Commissioner considers the requests an emergency, and time allows, he will attempt to obtain the Chairman's approval to direct the request to the Planning Director or appropriate G, staff. If the Chairman is unavailable, then the Commissioners may directly contact the Director or appropriate staff. The Director, or staff member contacted will then report to the Commission at the next regular meeting the nature of the request and the action taken. When a request is made by a Commissioner for copies of correspondence/information then all Commissioners shall be sent copies of the same information. Each Commission may adopt rules and procedures to accomplish its duties. These rules are subject to City Council approval. Minutes Minutes are taken at all Commission meetings, transcribed and included in the following agenda packet. Once approved the minutes are forwarded to the City Council for their information. Minutes are then kept as the official record for the Planning Commissions actions, they are open to public review. Commission Recommendations Most actions the Planning Commission are of binding nature. Applicants are able to appeal to the City Council. Relations with City Council, Commission; and Committees In areas where there is overlap of jurisdiction between various Commissions, it is important a liaison be developed to insure consideration of the different viewpoints, and to minimize duplications. Joint meetings with the City Council and other commissions and committees may be mutually beneficial whenever two bodies are simultaneously addressing the: same topics. FXi] V. LEGAL RESTRAINTS The Brown Act "All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter." (Government Code Section 54953) The law requires meetings, at which a quorum of the Commission is in attendance, must be open to the public_. Agendas must be posted 72 hours prior to the regular meetings and they must contain a brief description of each item to be discussed in language understandable to the public. No action, or commitment, may be taken on items which are not on the posted agenda. No discussion may occur regarding an item which is not posted on the Agenda. Items brought up by the general public may be presented, but there will be no discussion held or action taken, The Commission may refer the item to staff. Every Agenda must provide an opportunity for the public to address the commission. A copy of the Brown Act is available in the City Clerk's office. Conflict of Interest In compliance with the Political Reform Act, the City of Diamond Bar adopted a Conflict of Interest Code: on October 3, 1989. It states that the newly designated Commissioners must file a Conflict of Interest Statement within ten (10) days of appointment and thirty (30) days after leaving office. The Statements forms can be obtained at the City Clerk's Office and are kept by the City Clerk. If a matter in which you, as a Commissioner, have a financial interest which comes before the Commission on which you serve, and the decision will naturally affect that financial interest, you must disqualify yourself from all participation. This means you may not discuss the matter your colleagues, may not participate in deliberations concerning the matter, must abstain from voting, and should refrain from any attempt to influence the decision on this matter. Commissioners should leave the room while the matter is under consideration in order to avoid violating these prohibitions. The financial interest leading to abstention must be identified and recorded by the Secretary. If a reason is not offered, the Chairperson should request it. 11 Financial Interest Defined - The Political Reform Act and the accompanying Fair Political Practice Commission Regulations state that public officials have a conflict of interest concerning City decisions which will materially affect any of the following "financial interests": 1. Business entities - in which: a) you, your spouse, or your minor children have a direct or indirect investment, worth more than One Thousand Dollars ($1,000) or b) you are a director officer, partner, trustee, employee, or manager. 2. Real property - that is: a) directly or indirectly owned by you, your spouse, or your minor children and worth more than One Thousand Dollars ($1,000); or b) a leasehold interest in real property directly or indirectly held by you, your spouse, or your minor children. 3. Sources of Income - of the following nature: a) an individual or firm which has paid, provided, or promised you two hundred and fifty dollars ($250) in income within twelve months prior to the time the decision was made. "Income" includes your community property share of spouse's income. It also includes your pro rata share of gross income received by an entity in which you or your spouse have an interest of ten percent (100) or more. Income received to achieve a goal or purpose which would be achieved, defeated, aided, or hindered by a Commission decision. 4. The personal expenses, income, assets or liabilities of you or your immediate family, if they will be increased or decreased by two hundred and fifty dollars ($250) or more by the foreseeable results of the Commission decision. Disqualification - The general rule is that a public official may not make, participate in making, or use their official position to influence a City decision in which they have a financial interest. Thus, they may not act as advocates or judges on matters in which they a financial interest. There are two exceptions to the general rule. The first exception is that a commissioner will not be disqualified if the decision will affect the commissioner's financial interest in the same manner it will affect the public generally. The second exception is a commissioner may be advocates on their own behalf, provided that they do this as any other citizen would. Personal interests are defined as real property or businesses owned entirely by a commissioner and his/her immediate family, and businesses managed entirely by a commissioner, spouse, or both. City officials should seek the advice of the City Attorney before becoming involved in a Commission decision wherein there is the possibility of conflict of :interest. It is desirable to guard against even the suspicion of unethical conduct by any City official. City officials should be careful to avoid any act or statement that might be misconstrued. Their official behavior should appear to all concern, to be above reproach. 12 Public Record Law The Government Code of the State of California provides that all official records of the City are open for inspection by any interested citizen at reasonable times. All Commission minutes and supporting documents are public records and are available for public review and copying. Discrimination and Equal Protection All rules, regulations, laws, services, and facilities must apply equally to all persons and not give favor to any segment of the community. similarly, all policies and ordinances of the City must afford equal protection to all facets of the Community. Due Process Governmental procedures and processes generally provide that an affected party has a right to be heard and to present testimony during required public hearings. Unfair determinations, such as dias, predetermination, refusal to hear, etc., may invalidate a Commission action. 13 VII. APPENDIX ORGANIZATIONAL CHART OF THE CITY OF DIAMOND BAR ORGANIZATIONAL CHART OF PLANNING DEPARTMENT VII. APPENDIX Description of Commissions/Committees Parks and Recreation Commission Comprised of five members of the community. The Parks and Recreation Commission reviews and advises City Council on parks and recreations issues. The Commission also has incur on the Capital Improvement Program. Traffic and Transportation Commission Comprised of five members of the community. The Traffic and Transportation Commission reviews local traffic conditions and recommends to the City Council appropriate actions to deal with traffic congestions. Significant Ecological Area Technical Advisory Committee (SEATAC) A committee of environmental professionals assigned to review and advise the City on the ecological impacts of development proposed within a significant ecological area (SEA). Pursuant to Municipal Code Section 22.56.215. General Plan Advisory Committee Comprised of local community members, they are assisted by the Planning Director and a consultant. They are preparing the Diamond Bar General Plan that is the guiding document for future development. Statement of Principles The Diamond Bar City Council thinks the proper operation of Diamond Bar government requires that: 1. Public officials be independent and impartial in their judgements and actions. 2. Decisions and policy be made in the proper channels of the governmental structure. 3. Public office, whether appointed or elected, must be used for personal gain. 4. The public have confidence in the integrity and openness of its government and public officials. 15 Policies for Service The City Council has therefore, adopted the following policies: 1. Respect the importance of American ideals of government and the rule of the law. 2. Work for the common good of the City of Diamond Bar and its citizens and not for any private interests. 3. Provide fair, equal, and courteous treatment for all persons and matters coming before the Council or any Commission. 4. Learn and study the background and purposes of important items of business before voting. 5. Perform faithfully all duties of office, including attendance at Commission training sessions. 6. Refrain from disclosing any confidential information concerning the government of the City of Diamond Bar. (For example personnel, negotiations, litigation.) 7. Avoid accepting any gifts, or favors, or promises of future benefits which might compromise or impair independence of judgement or action. 8. Refuse to approve any breach of public trust or improper attempts to influence any pending matter. 9. File a Conflict of Interest Statement with the City of Diamond Bar within ten (10) days of appointment as a public official. Make sure all "financial interests" are disclosed as required. Thereafter, file appropriate Conflict: of Interest Statements as required by law. 10. Disclose financial interests which are likely to be materially affected by the City's or Commission's decision, when performing City duties. 11. Refuse to vote, appoint a person, commit the City, enter into a contract or otherwise make City decision in which you have a disqualifying financial interest. 12. Refuse to negotiate, advise, make recommendations, conduct research, or prepare any analysis or reports concerning City decisions in which they have disqualifying financial interest.\ 13. Decline any employment incompatible with public duty or resign form his/her position as a public official, elected or appointed. However, he/she may be employed or may contract(s) with the City of Diamond Bar. 16 14. Recognize that repeated disqualification demeans the value of our service to the City. If this is occurring, resignation would be appropriate. 17 CITY OF DIAMOND BAR TRAFFIC AND TRANSPORTATION COMMISSION HAND1300K Table of Contents I. INTRODUCTION..................................2 II. GENERAL INFORMATION City History........ . ........ ......3 Diamond Bar's Form ofGovernment..............3 CityAdvisory Bodies......... ...............4 City Staff....................................4 III. COMMISSION MEMBERSHIP AND OPERATIONS Membership....................................5 Composition...................................5 Vacancy.......................................5 Quorum........................................6 Meetings....... ..............................6 Agenda For Meetings........ .... ...........7 Compensation ................... ........7 Reimbursement .................. .............8 StaffLiaison.................................8 IV. COMMISSION ROLE Purpose....... ........... ..................9 Meeting Procedures ............................9 Staff Responsibilities ..... .............. ..10 Procedures....................................11 Minutes. .............. .......................11 Commission Recommendations....... .........12 Relations with City Council, Commissions, and Committees................................12 V. LEGAL RESTRAINTS The Brown Act.......... ....................13 Conflict of Interest.... ....................13 Public Record Law ...... ........ .............15 Discrimination and Equal Protection ........... 15 DueProcess...................................15 VI. TRAFFIC AND TRANSPORTATION ACTIVITIES Traffic Investigations......... .............16 Development Guidelines ........................16 Circulation Element ...........................16 Traffic Congestion Management Plan ............ 16 Speed Survey..................................16 VII. APPENDIX Diamond Bar Organizational Chart..............17 Description of Commissions/Committees ......... 18 Statement of Principles .......................18 Policies for Service ..........................19 I. INTRODUCTION This handbook in intended to give you an orientation to your role as a Traffic and Transportation Commissioner. It includes an introduction to the structure and procedures of Diamond Bar's Municipal Government and a description of Traffic and Transportation programs. An overview of the Commission's role and scope of responsibilities is also provided. Diamond Bar Commissioners are vital to our organization and our efforts to meet the needs and interests of the Community. It is hoped this handbook will help you as a member of the City's team. The City Council and staff are most appreciative of your time and efforts. 2 II. GENERAL INFORMATION City History Around 1900, several parcels of land was combined to form Rancho Los Nogales to establish a vast cattle ranch. In 1918, Fredrick E. Lewis bought most of the original Rancho Los Nogales and registered the Brand of Diamond Bar with the Department of Agriculture. In 1956 the Transamerica Corporation paid $10 million for 8,000 acres of Diamond Bar Ranch. Transamerica formed a master -planned community that would eventually become home to some 74,000 people. The first model homes were built at the: north end of town in 1960, and a development "boom" was begun. The first effort to gain some local voice in government began with the formation of the Diamond Bar Homeowners Association in 1964. The mane was changed in 1986 to the Diamond Bar Improvement Association (DBIA) to serve the community as a whole. Since 1964, the DBIA has represented the community before various county agencies on matters of development, and accepted the responsibility for enforcing the covenants, conditions and restrictions (CC&R's) on the deeds of all the residential tracts. In 1976 the Los Angeles County Board of Supervisors created the Diamond Bar Municipal Advisory Council (MAC) to provide a focal point for community input to county government. The City was incorporated April 18, 1989 as a general law city. Diamond Bar is a typical suburban bedroom community with limited commercial or industrial land. The commercial acreage primarily is developed with uses designed to serve residents of the local community. Today's Diamond Bar is a young, upscale residential community of about 74,000 situated among meandering hills and valleys of Brea Canyon covering 14.77 square miles. Diamond Bar's Form of Government The City of Diamond Bar was incorporated April 18, 1989 as a general law City with a Council/Manager form of government. The Diamond Bar City Council is composed of five members elected for overlapping four year terms by Diamond Bar residents. It is the governing body of the City, vested with regulatory and corporate power. The City Council establishes policy and is ultimately responsible to the people for the actions of the local government. Diamond Bar's organizational structure consists of a mayor, and a mayor pro -tem elected by the City Council. The mayor is the presiding officer of the Council for a period of one year, with the mayor pro -tem as the position's backup. Because of the complexity, diversity and quantity of issues facing the City Council, Commissions are asked for input in the decision- making process. City Advisory Bodies There are two types of advisory bodies. One is established by City ordinance and is of a permanent nature. The duties, responsibilities and scope of authority are set forth in the enabling ordinance. The other is created by a resolution of the Council to serve a particular function for the City. The primary purpose of both commissions and Committees is to gather information, weigh public opinion, and examine issues in-depth in order to make a recommendation to the City Council. Citv Staff City Manager - Responsible for the administration of the City's government. He is appointed by the City Council and he selects department heads and employees to provide services to the community. He is also the City Treasurer. City Clerk - The City Clerk has the responsibilities of conducting all municipal elections, providing administrative support to the City Council, recording their actions and maintaining records for review. The City Clerk is also the Records Supervisor. Departments - The administrative branch of Diamond Bar's government consists of the following departments: Finance, Parks and Maintenance, and Planning. The City contracts for Police and Fire Services as well as City Engineer and Building and Safety. Department Directors are responsible to the City Manager. Neither the Commissions nor the City Council supervise or direct the work of a department. This is done through the direction of the City Council to the City Manager. 4 III. COMMISSION MEMBERSHIP AND OPERATIONS Membership The Traffic and Transportation Commission shall consist of five (5) members, each of whom shall be a resident of the City of Diamond Bar. Each member of the Traffic and. Transportation Commission shall be appointed by one member of the City Council. If a member of the City Council fail to make an appointment within thirty days of the vacancy in question being created, a majority of the City Council shall appoint to fill the vacancy. The terms of office for the Commission shall be two-year terms commencing on July ist of even numbered years and expiring on June 30th of even number years. The terms of office of persons initially appointed to the Traffic and Transportation Commission shall expire June 30, 1992. Composition The Traffic and Transportation Commission shall, at its first regular meeting in July of each calendar year, elect a chairman and vice-chairman from among its appointed members for a term of one year. The Commission may created and fill such other offices as it may determine necessary. Chairman - The Chairman shall preside at all meetings of the Commission and shall appoint all Committees and shall perform all other duties necessary, customary or incidental to the office. Vice -Chairman - The Vice -Chairman in the Chairman's absence or inability to act, shall take the place and perform all duties of the Chairman. In the event of absence or inability to act by both the Chairman and Vice -Chairman, the remaining members of the Commission shall elect one of their members to act as temporary Chairman. The Chairman may appoint special sub -committees of less than a quorum of the Commission. The sub -committee may then meet to carry out their assigned task. The sub -committee meeting will be arranged by staff. Vacancy If a vacancy occurs, other than by expiration of a term, it shall be filled within thirty days by appointment for the unexpired portion of the term by the Council Member who appointed, or had the opportunity to appoint, the Commissioner whose position has been vacated. If that Council Member fails to appoint within that thirty -day period, a majority of the City Council shall appoint to fill the vacancy. 101 If a member of the Traffic and Transportation Commission is absent from three (3) consecutive regular meetings or from more than fifty percent (500) of the regular meeting there of in any one (1) year, the office of said Commission shall thereupon be deemed vacant and the Secretary to the Commission shall immediately inform the City Council thereof. Each member of the Traffic and Transportation Commission shall be deemed to have resigned from his/her position on the Commission ninety (90) calendar days after the City Council person who elected the Commissioner is no longer on the: City Council, whether by election, reelection or appointment. That position will be deemed vacant and available for appointment for the otherwise unexpired term, if any. Any member of the Traffic and Transportation Commission may be removed without cause during his/her term of office by a four- fifths vote of the City Council. No such member may be removed during the initial three months of any term of office for which he/she is appointed except by unanimous vote of the Council. uorum A quorum consists of a majority (3) of the members of the Commission. A quorum is required for the conduct of business at any meeting whether it is a regular, adjourned or special meeting. while a commissioner is expected to be present at all meetings, should he/she know in advance that their attendance is impossible, they should notify the Commission Secretary. If a majority of Commissioners will not be present to allow for a quorum, staff representatives, City Clerk's office and requested news media shall be notified by a written notice. The door at the meeting room should also be posted with this information. Meetings Regular Meetings - Each City Council appointed Commission is required to hold regular monthly meetings open to the public. The Traffic and Transportation Commission meets on the second Thursday of each month at 6:30 p.m. at the Community Room at 1061 S. Grand Ave. The meeting time and place may be changed with notice duly given to the public to accommodate specific needs. Adjourned Meetings - If, for any reason, the business to be considered at a regular meeting cannot be completed, the Commission may designate a time and date for an adjourned meeting. Any matter to be considered at the regular meeting may be processed at an adjourned meeting. The adjournment must be announced to the public present at the time and recorded in the minutes. A notice 2 adjournment must be posted near the door of the room where the meeting was held within 24 hours of said adjournment. Special Meetings - Special meetings shall be open to the public and shall be held at such time and place as the Commission determines. special meetings may be called by the Chairman or majority of the members of the Commission with notice given to the City Council and media at least 24 hours prior to the special meeting. The notice of the meeting must specify the time and place of the meeting and the business to be transacted, and only matters specified in the notice may be considered. Study Sessions - Study sessions, often called "work sessions", are usually informal, though public. Study sessions are usually scheduled as adjourned regular meetings, and have a separate agenda. Aaenda for MeetincLss The Secretary to the Traffic and Transportation Commission is responsible for the preparation and distribution of an agenda and supporting documents prior to each meeting. If a Commissioner would like to place a item on the agenda it needs to be submitted to the Commission Secretary five (5) days prior to the scheduled Commission meeting. The Commission packet will be available by 4 p.m. the Monday proceeding the Commission meeting on Thursday, for Commission pick-up. If the packet of material is late the Commission Secretary will make sure the packets are delivered to the Commissioners. Only those items appearing on the agenda should be discussed at each meeting; however, unanimous consent of all members present may allow other items to be introduced and action taken, if urgency exists and delay would be harmful to the public interest, action must be taken in accordance with Government Code. A vote of the Commission regarding urgency should be reflected in the minutes of the meeting. Compensation The Traffic and Transportation Commissioner shall be compensated for attending regularly scheduled, adjourned or special meetings. The sum to be paid to each Commissioner for each such meeting shall be established by resolution of the City Council. The Commission Secretary is responsible to take attendance and turn in to finance, the Commissioners will be paid on a monthly basis. Each Commissioner has the right and opportunity to waive their right to be compensated, a letter of waiving that right will need to be sent to the City Manager. 7 Reimbursement The Traffic and Transportation Commission may receive travel expenses, meals, lodging and related expenses incidental to the performance of their official duties, including attendance at seminars, conferences or training courses approved by City Council. For the Commission to receive compensation it must be approved in advance by the City Council. Said expenses may by advanced to Commissioners or otherwise paid to them in accordance with policies established by City Council. The Secretary to the Commission will handle all paperwork necessary to receive compensation. Staff Liaison The City Engineer shall be the Secretary to the Traffic and Transportation Commission. 8 IV. COMMISSION VOLE Purpose The purpose of the Commission shall be: 1. To act is an advisory capacity to the City Council in the review and development of systems, facilities, plans, policies and programs concerning rail, bus and other forms of private and public transportation within the City and effecting the City. 2. To assist City agencies in providing input into the planning and implementation process of transportation systems within the City or effecting the City. 3. To assist in studies and reviews of public transportation as the same may effect the City and in preparing recommendations for project implementation in connection therewith and, further, to review and advise on proposals, reports and studies of various public and private agencies as the same may effect the transportation needs of the City. 4. To recommend to the City Council and to the City Traffic Engineer and other City officials ways and means for improving traffic conditions and the administration enforcement of traffic regulations. 5. To hear complaints and receive comments form citizens pertaining to traffic issues throughout the community and to make recommendations thereon to the City Council. 6. To fulfill such additional assignments made with respect to public and private transportation issues and traffic and circulation issues as assigned by the City Council from time to time. Meeting Procedures The following steps will help run an effective meeting: 1. Call the meeting to order -- promptly at the appointed hour. 2. Roll call - ask the Secretary to call the roll. 3. 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 9 Calendar items or matters of interest to the public that are not already scheduled for consideration on the agenda. Have the speaker complete a speaker's card and hand to the secretary. 4. Consent Calendar - All matters under consent items on the agenda are considered routine and will be acted upon roll call vote without discussion unless a Commission members or member of the audience has a question or would like to discuss an item. In that event, the Chairperson will remove that item from the Calendar and place it for separate consideration. 5. Regular Agenda Items - Announce the item, what is to be discussed. Ask Staff to present the Staff Report. Ask the Commission if they have any questions for the staff. Open the item for public discussion. Invite those in favor of the item to speak. Invite those in opposition to speak. Ask the staff if any written communications have been received and, if so, have them read or summarized into the record. Ask the Commission if they have any questions for staff or public speakers. Turn the item over to the Commission for discussion. After a Commissioner makes a motion and is seconded the Commission can discuss the motion. If there is no second, the motion dies. A Commissioner can make an amendment to the motion only if there is a second. Ask if there is any discussion of the amendment. The amendment must be voted upon, if it is passed or failed the motion is then voted upon. Staff Responsibilities The City Engineer, appointed by the City Manager, lends technical support to the Traffic and Transportation Commission and serves as the Secretary to the Commission. The City Engineer provides the data, information and professional counsel to the Traffic and Transportation Commission while serving as liaison between policy formulation and implantation of same through administrative procedures. As delegated by the City Manager, the City Engineer is primarily responsible for administering the day-to-day operation and functions of Engineering Department, as well as the transportation aspects, within the policies and guidelines as established by the City Council, City Manager and the Traffic and Transportation Commission. It is also the responsibility of the City Engineer to 10 function as communicator between the Staff, Traffic and Transportation Commission and the City Manager. The City Engineer will facilitate the clear, concise and efficient communication of all direct questions, comments, and requests for information between the Traffic and Transportation Commission, City Manager and Staff as well as similar requests between individual Commission members and individual Staff. The City Manager will assign additional staff personnel to assist the Commission in a technical and professional capacity, as needed. It is not expected that every staff recommendation will be followed; however, because of the staff I's technical knowledge, full consideration should be given to their recommendation. Staff members make objective recommendations without consideration of personal or political consequences. After the staff makes a report or recommendation to the Commission, staff is at liberty to make their same recommendation to the City Council via the City Manager, even though the Commission may have taken a different position. Procedures All Commissioners' requests for information from the staff requiring extensive time commitments will come through the Commission as a whole at a regular meeting, during Commissioners Comments. If a Commissioner considers the requests an emergency, and time allows, he will attempt to obtain the Chairman's approval to direct the request to the City Engineer or appropriate staff. If the Chairman is unavailable, then the Commissioners may directly contact the City Engineer or appropriate staff. The City Engineer, or staff member contacted will then report to the Commission at the next regular meeting the nature of the request and the action taken. When a request is made by a commissioner for copies of correspondence or information then all Commissioners shall be sent copies of the same information. Each Commission may adopt rules and procedures to accomplish its duties. These rules are subject to City Council approval. Minutes Minutes are taken at all Commission meetings, transcribed and included in the following month's agenda packet. Once approved the minutes are forwarded to. the City Council for their information. Minutes are then kept as the official record for the Traffic and Transportation Commissions actions, they are open to public review. 11 Commission Recommendations All actions the Traffic and Transportation Commission takes are of an advisory nature and are sent to the City Council by staff. A review of each recommendation is conducted by City Council and the City Manager for consideration for placement on City Council agenda. The Commission may only recommend items to Council that are on the agenda with supporting documents and voted upon. It is the City Engineer's responsibility to forward all Commission recommendations to the City Manager. Relations with City Council, Commissions and Committees In areas where there is overlap of jurisdiction between various Commissions, it is important a liaison be developed to insure consideration of the different viewpoints, and to minimize duplications. Joint meetings with the City Council and other commissions and committees may be mutually beneficial whenever two bodies are simultaneously addressing the same topics. OVA V. LEGAL RESTRAINTS The Brown Act "All meetings of the legislative body of a local agency shall be open and public, and all persons shall be permitted to attend any meeting of the legislative body of a local agency, except as otherwise provided in this chapter." (Government Code Section 54953) The law requires meetings, at which a quorum of the Commission is in attendance, must be open to the public. Agendas must be posted 72 hours prior to the regular meetings and they must contain a brief description of each item to be discussed in language understandable to the public. No action, or commitment, may be taken on items which are not on the posted agenda. No discussion may occur regarding an item which is not posted on the Agenda. Items brought up by the general public may be presented, but there will be no discussion held or action taken, The Commission may refer the item to staff. Every Agenda must provide an opportunity for the public to address the Commission. A copy of the Brown Act is available in the City Clerk's office. Conflict of Interest In compliance with the Political Reform Act, the City of Diamond Bar adopted a Conflict of Interest Code on October 3, 1989. It states that the newly designated Commissioners must file a Conflict of Interest Statement within ten (10) days of appointment and thirty (30) days after leaving office. The Statements forms can be obtained at the City Clerk's Office and are kept by the City Clerk. If a matter in which you, as a Commissioner, have a financial interest which comes before the Commission on which you serve, and the decision will naturally affect that financial interest, you must disqualify yourself from all participation. This means you may not discuss the matter your colleagues, may not participate in deliberations concerning the matter, must abstain from voting, and should refrain from any attempt to influence the decision on this matter. Commissioners should leave the room while the matter is under consideration in order to avoid violating these prohibitions. The financial interest leading to abstention must be identified and recorded by the Secretary. If a reason is not offered, the Chairperson should request it. 13 Financial Interest Defined - The Political Reform Act and the accompanying Fair Political Practice Commission Regulations state that public officials have a conflict of interest concerning City decisions which will materially affect any of the following "financial interests": 1. Business entities - in which: a) you, your spouse, or your minor children have a direct or indirect investment, worth more than One Thousand Dollars ($1,000) or b) you are a director officer, partner, trustee, employee, or manager. 2. Real property - that is: a) directly or indirectly owned by you, your spouse, or your minor children and worth more than One Thousand Dollars ($1,000); or b) a leasehold interest in real property directly or indirectly held by you, your spouse, or your minor children. 3. Sources of Income - of the following nature: a) an individual or firm which has paid, provided, or promised you two hundred and fifty dollars ($250) in income within twelve months prior to the gime the decision was made. "Income" includes your community property share of spouse's income. It also includes your pro rata share of gross income received by an entity in which you or your spouse have an interest of ten percent (10%) or more. Income received to achieve a goal or purpose which would be achieved, defeated, aided, or hindered by a Commission decision. 4. The personal expenses, income, assets or liabilities of you or your immediate family, if they will be increased or decreased by two hundred and fifty dollars ($250) or more by the foreseeable results of the Commission decision. Disqualification - The general rule is that a public official may not make, participate in making, or use their official position to influence a City decision in which they have a financial interest. Thus, they may not act as advocates or judges on matters in which they a financial interest. There are two exceptions to the general rule. The first exception is that a commissioner will not be disqualified if the decision will affect the commissioner's financial interest in the same manner it will affect the public generally. The second exception is that a commissioner may be advocates on their own behalf, provided that they do this as any other citizen would. Personal interests are defined as real property or businesses owned entirely by a commissioner and his/her immediate family, and businesses managed entirely by a commissioner, spouse, or both. Cit,Y officials should seek the advice of the City Attorney before becoming involved in and 14 Commission decision wherein there is the possibility of conflict of interest. It is desirable to guard against even the suspicion of unethical conduct by any City official.. City officials should be careful to avoid any act or statement that might be misconstrued. Their official behavior should appear to all concern, to be above reproach. Public Record Law The Government Code of the State of California provides that all official records of the City are open for inspection by any interested citizen at reasonable times. All Commission minutes and supporting documents are public records and are available for public review and copying. Discrimination and Equal Protection All rules, regulations, laws, services, and facilities must apply equally to all persons and not give favor to any segment of the community. Similarly, all policies and ordinances of the City must afford equal protection to all facets of the Community. Due Process Governmental procedures and processes generally provide that an affected party has a right to be heard and to present testimony during required public hearings. Unfair determinations, such as dias, predetermination, refusal to hear, etc., may invalidate a Commission action. 15 VI. TRAFFIC AND TRANSPORTATION Traffic Investigations Development Guidelines Circulation Element Traffic Congestion Management Plan Speed Surveys Information has been requested from the City Engineer to be included in this handbook. 16 VII. APPENDIX ORGANIZATIONAL CHART OF THE CITY OF DIAMOND BAR 17 Description of Commissions/Committees Planning Commission Comprised of five members of the community. The Planning Commission reviews all development issues (tract maps, specific plans, hillside development, etc.) to assure it conforms with the General Plan. Many actions of the Planning Commission are final, unless appealed to the City Council. Parks and Recreation Commission Comprised of five members of the community. The Parks and Recreation Commission is an advisory board for the City Council on matters of Capital Improvement Projects, recreation services and special events. The Commission deals with the scheduling of Community Sports organization as well. as City Sponsored sports activities, and one-time park users. Significant Ecological Area Technical Advisory Committee (SEATAC) A Committee of environmental professionals to assign to review and advise the City on the ecological impacts of development proposed within a significant ecological area (SEA). Pursuant to Municipal Code Section 22.56.215. General Plan Advisory Committee Comprised of local community members, they are assisted by the Planning Director and a consultant. They are preparing the Diamond Bar General Plan that is the guiding document for future development. Statement of Principles The Diamond Bar City Council thinks the proper operation of Diamond Bar government requires that: 1. Public officials be independent and impartial in their judgements and actions. 2. Decisions and policy be made in the proper channels of the governmental structure. 3. Public office, whether appointed or elected, not be used for personal gain. 4. The public have confidence in the integrity and openness of its government and public: officials. 18 Policies for Service The City Council has therefore, adopted the following policies: 1. Respect the importance of American ideals of government and the rule of the law. 2. Work for the common good of the City of Diamond Bar and its citizens and not for any private interests. 3. Provide fair, equal, and courteous treatment for all persons and matters coming before the Council or any Commission. 4. Learn and study the background and purposes of important items of business before voting. 5. Perform faithfully all duties of office, including attendance at Commission training sessions. 6. Refrain from disclosing any confidential information concerning the government of the City of Diamond Bar. (For example personnel, negotiations, litigation.) 7. Avoid accepting any gifts, or favors, or promises of future benefits which might compromise or impair independence of judgement or action. 8. Refuse to approve any breach of public trust or improper attempts to influence any pending matter. 9. File a Conflict of Interest Statement with the City of Diamond Bar within ten (10) days of appointment as a public official. Make sure all "financial interests" are disclosed as required. Thereafter, file appropriate Conflict of Interest Statements as required by law. 10. Disclose financial interests which are likely to be materially affected by the City's or Commission's decision, when performing City duties. 11. Refuse to vote, appoint a person, commit the City, enter into a contract or otherwise make City decision in which you have a disqualifying financial interest. 12. Refuse to negotiate, advise, make recommendations, conduct research, or prepare any analysis or reports concerning City decisions in which they have disqualifying financial interest. 13. Decline any employment incompatible with public duty or 19 resign form his/her position as a public official, elected or appointed. However, he/she may be employed or may contract(s) with the City of Diamond Bar. 14. Recognize that repeated disqualification demeans the value of our service to the City. If this is occurring, resignation would be appropriate. 20 DATE: TO: FROM: SUBJECT: CITY OF DIAMOND ]BAR MEMORANDUM September 27, 1990 Mayor Gary Werner Tommye Nice,} `De�uty City Clerk Eagle Court of Honor for Scott A. Kneeland Councilwoman Papen requested that a copy of this letter be given to you regarding the ceremony to be held on November 18, 1990 at 6:00 p.m. at the Church of Latter -Day Saints in Rowland Heights for the presentation of the Eagle Court of Honor for Scott A. Kneeland. Please let me know, at your earliest convenience, if you will be able to attend this event. Thank you! 7 12 ` ^ � ~ \/��D '~`'� CITY 'CLERK 0MNI0WRAAR Rr��96 p�ri 2:U5 BOY SCOUTS OF AMERICA SAN GABRIEL VALLEY COUNCIL TROOP 740 .2.0 September 1990 PHYLISS E PAPEN MAYOR OF DIAMOND BAR 21660 E COPLEY DR SUITE 100 DIAMOND BAR, CA 91765 DEAR MAYOR, BOY SCOUT TROOP 740 OF ROWLAND HEIGHTS, CALIFORNIA WILL HOLD AN EAGLE COURT OF HONOR FOR SCOTT A. KNEELAND ON NOVEMBER 18, 1990 AT 6:00 P.M. AT THE MEETING HOUSE OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS IN ROWLAND HEIGHTS, CALIFORNIA. THIS YOUNG MAN HAS WORKED HARD IN CULTIVATING HIS SCOUTING SKILLS AND HAS DEVELOPED FINE TRADITIONS OF LOYALTY AND CIVIC RESPONSIBILITY THAT ARE SO VALUABLE IN THIS BLESSED FREE NATION. TROOP 740 AND SCOTT KNEELAND WOULD BE HONORED TO HAVE YOU ATTEND THIS AN IMPORTANT EVENT. IF YOUR BUSY SCHEDULE WILL NOT PERMIT YOU TO ATTEND, A LETTER OF CONGRATULATIONS OR OTHER FORM OF RECOGNITION FROM YOU WOULD MAKE AN IMPOR- TANT CONTRIBUTION TO THE EVENING THANK YOU VERY MUCH. SINCERELY YOURS A. KNEELAND ADVANCEMENT CHAIRMAN . 20239 DAMIETTA DR. WALNUT, CA 91789 (714)-595-7388 SCOTT A. KNEELAND 20239 DAMIETTA DR. WALNUT, CA 91789 (714)-595-7388 AGENDA ITEM NO. 9 NO DOCUMENTATION AVAILABLE AGENDA ITEM NO. 10 NO DOCUMENTATION AVAILABLE CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. // DATE: November 8, 1990 MEETING DATE: November 13, 1990 TO: Honorable Mayor and Members of the City Council VIA: City Manager FROM: Lynda Burgesy; City Clerk SUBJ: Consolidation of Regular Municipal Elections with School Board Elections in November of Odd -Numbered Years BACKGROUND At the request of Councilman Forbing, we: have contacted those cities mentioned in the City of Walnut's consolidation report (copy attached) for an update as to their perceptions of advantages, disadvantages, turnout, costs, etc. In addition, information has been obtained from the Walnut Unified School District and two other cities who have conducted consolidated elections in the recent past. Four of the cities included in the survey originally conducted by the Walnut City Clerk were unable to respond to any questions regarding election data due to changes in personnel or unavailability of staff who are knowledgeable about elections. As none of the cities contacted have conducted elections on their own in the recent past, comparisons in cost and turnout are not provided. The following outlines the information provided by the other cities: Hawthorne (consolidated since 1983): Advantages: Lower cost, relieves department of election duties Disadvantages: None notable Montebello (Has not yet responded to request for information) Lynwood (consolidated since 1981) Advantages: Lower cost Disadvantages: Late results due to County's computer malfunction FISCAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number: Deficit: $ Revenue Source: -e-' —V---- r LIV-"�._tL ew---------------------- \ y'�'V !LL -L. t -v - Robert L. Van Nort Andrew V. Arczynski �Terrence L. Belanger) City Manager City Attorney Assistant City Manager Honorable Mayor & City Council November 81 1990 Page Two Rancho Palos Verdes (consolidated since 1987) Advantages: Lower cost, relieves department of election duties, increased voter turnout (cannot verify cost savings or voter turnout due to all elections being consolidated since 1987) Disadvantages: None notable Westlake Village (New City Clerk indicated that he had no access to previous information) Duarte (consolidated since 1987) Advantages: Lower cost, relieves department of election duties Disadvantages: None notable Agoura Hills (No one available to respond to requests for information until 11/9/90) Hermosa Beach (Acting City Clerk currently on extended sick leave, part-time employees unable to research) Rolling Hills Estates) (consolidated since 1985) Advantages: Lower cost, relieves small staff of election duties Disadvantages: None notable Bell Gardens (consolidated since 1983 - recently chose to discontinue consol- idation and return to independently -conducted elections due to: loss of local control over conduct of elections, increased costs for services provided by County, no discernible increase in voter turnout, returns being unavailable until several weeks following elections) Tustin (recently chose to discontinue consolidation and return to indepen- dently -conducted elections due to loss of local control and a desire to provide local candidates with less expensive filing fees than those charged by the County) Walnut Valley Unified School District has been conducting consolidated elections with the Walnut Valley Water District, the Rowland Heights Unified School District and the Mt. San Antonio Community College District for a number of years. In 1989, however, the City of Walnut chose to consolidate its Municipal Election with the County, thereby consolidating with the W.V.U.S.D. Since the Rowland Heights Unified and the Walnut Valley Water District did not conduct elections that year, this left the W.V.U.S.D. and the City of Walnut to absorb more of the costs. As shown on the attached report dated May 14, 1990, Walnut realized a 46% increase in election costs in November 1989 as well as a 63% increase in voter turnout. It has been reported by W.V.U.S.D. that their charge by the County for their participation in this election was $47,330, an increase of 315% over the estimate provided by the County earlier. Baldwin Park consolidated a Special Election with its school district in November 1989 and independently -conducted its regular Municipal Election in April 1990. The cost charged by the County to the City was $22,000 and the school district paid $23,000, for a total of $45,000. Conversely, the City of Baldwin Park spent $20,000 in conducting the April 1990 election on its own. Voter turnout for November 1989 was 13.8% while the April turnout was Honorable Mayor & City Council November 8, 1990 Page Three 18.5%. The total number of registered voters was 2,300 in November and 2,801 in April. Election costs quoted in independently -conducted elections in the Cities of Baldwin Park and Walnut do not reflect costs for staff time for administra- tion. Costs for Diamond Bar staff time amounted to approximately $6,000 which is a combination of management, hourly and part-time employees. The total number of registered voters was 23,598. RECOMMENDATION After considering the above, should the City Council be in favor of consol- idating the City's Regular Municipal Elections with the County of Los Angeles in November of odd -numbered years, approval of First Reading of the attached Ordinance prepared by the City Attorney would be in order. CITY OF DIAMOND BAR I N T'E R O F F I C E M E M O R A N D U M DATE: -May 21, 1990 TO: John A. Forbing, Mayor Pro Te FROM: Lynda Burgess, City Clerk / SUBJECT: Consolidated Elections - November of Odd -Numbered Years Per your request, I have obtained a copy of the report recently prepared by the City of Walnut regarding the costs charged by the County for the first consolidated election between the City of Walnut and the County of Los Angeles. A copy of said analysis is attached. In addition, I contacted Marguerite Brown, Division Chief, Elections Administration, Los Angeles County Registrar -Recorder's Office to discuss the possibility of the County's acceptance of the City of Diamond Bar's request to consolidate with School Board elections held in November of odd -numbered years. She stated that the County currently administers November consolidated elections for approximately 10 cities and that their existing computer system allows them the flexibility of adding many more. The constraints that exist on their system during even -numbered years do not exist in odd -numbered years due to the lack of County, State and Federal elections taking place in June and November. The County would handle such tasks as printing and mailing the ballots and Sample Voters Pamphlet containing our candidates' statements and counting of ballots election night (official results may not be available until approximately three weeks after the election). The City would be responsible for certifying our candidates and for publication of legal. notices. Regarding my question as to what the City may expect to pay for such an election, Ms. Brown declined to comment other than to state that the City would share expenses with Walnut Valley and Pomona Unified School Districts. She pointed. out that the City should keep in mind that the Districts have the option of canceling elections if there are insufficient candidates, which would increase our share of costs proportionately. However, the study conducted by the City of Walnut reports that the Walnut Unified School District has not canceled any elections over the past 8 1/2 years. John A. Forbing May 21, 1990 Page Two In addition to the "Consolidated Election Costs" dated May 14, 1990 by the City of Walnut, also attached are: copies of Walnut's reports dated October 26, 1988 and January 11, 1989 and a report on "Consolidation of Municipal Elections, Pros & Cons" prepared by Martin & Chapman Co., consultants to many southern California Cities for election supplies, printing and services. cc: City Council City Manager City Attorney May 14, 1990 n; CD 11.1 i ',• ;111 TO: Walnut City Council pp,, FROM: Beverly Sherwood, City C1erkO VIA: Linda Holmes, City Managev.P SUBJECT: Consolidated Election Costs The invoice for the County's services in connection with the Walnut Municipal Election consolidated with the County of Los Angeles in November 1989 was received on May ll, 1990. The County charged ;14,716.26 for t;ieir servi.,:es during the conaoldiated election. If 25% were added to the charges for the costs of the April 1988 election to compensate for inflation and additional population, the comparable cost would amount to $12,771.48. The population increased .0569 or 5.7% from April 1988 to November 1989. The following is a comparison of election costs for the City's municipal election for the years 1988 and 1989: Year Who Conducted Population Registered Total Coat per Voter Election Voters Cost Capita Turn Out April 1988 City 25.001 8,824 $10,217.18 $.41 1,403 November 1989 County 26,424 10,794 15,822.91* .60 2,236 (20.73%) CONCLUSION: The cost for the County to conduct the City's municipal election last November based on the per capita rate, is 468 greater than the muncipai election held in April 1988 when the city conducted its own election. *Martin & Chapman = $ 1,039.17 Legal advertising = 42.12 Mileage 27.36 County = 14,716.26 r CITY OF W.��LN_ETrr January 4, 1989 COUNCIL AGENDA: JANUARY 11, 1989 TO: MAYOR AND CITY COUNCIL I VIA: LINDA HOLMES, CITY MANAGER FROM: BEVERLY SHERWOOD, CITY CLERK SUBJECT: ORDINANCE NO. 483 --CONSOLIDATION OF REGULAR MUNICIPAL ELECTIONS BACKGROUND At the October 26, 1988, City Council meeting, the Council discussed the possibility of consolidating the City's regular municipal elections with the school board elections conducted by the County of Los Angeles in November of the odd -numbered years. In conformance with action taken by the Council to schedule a public hearing in conjunction with Council consideration of the required ordinance (requiring its general municipal election to be held on the same day a that of school district elections) by disseminating information to the community, notice was provided to the citizens via the winter 1988 edition of the Town & Country News, cable TV, and informational items appearing in the regular press. In addition, a notice of public: hearing was published in the newspaper and posted according to law. SURVEYED ADVANTAGES AND DISADVANTAGES Several cities in Los Angeles County have consolidated their regular municipal elections with school board elections. A report is attached regarding the results of consolidation as perceived by those cities. For the most part the cities which have consolidated their regular municipal elections with the school district elections in November of the odd -numbered years seem to agree that there are advantages 9:n that there is a cost savings of varying amounts and there is a relief in the duties performed by the City Clerk. There is almost universal agreement that the major disadvantage is the delay in receiving certification which also delays the swearing in of the newly elected councilmembers. Some cities also miss the local excitement of election night because precinct results are not received at the local city hall. There is also the feeling that the unofficial results are not received in as timely a manner as when the elections are conducted locally. JAN I I'i9N DREXEL L. SMITH ~\���1 Mayor P.O. Box 682, Walnut, CA 91788-0682 21201 LA PUENTE ROAD ARLES D. RICHARDSON WALNUT, CALIFORNIA 91789 ,�� Mayor Pro Tem Telephone (714) 595-7543 q/'� �'q "BERT" ASHLEY FAX (714) 595-6095 meoyeO H. THOMAS SHLES RAY T. WATSON Council Members r CITY OF W.��LN_ETrr January 4, 1989 COUNCIL AGENDA: JANUARY 11, 1989 TO: MAYOR AND CITY COUNCIL I VIA: LINDA HOLMES, CITY MANAGER FROM: BEVERLY SHERWOOD, CITY CLERK SUBJECT: ORDINANCE NO. 483 --CONSOLIDATION OF REGULAR MUNICIPAL ELECTIONS BACKGROUND At the October 26, 1988, City Council meeting, the Council discussed the possibility of consolidating the City's regular municipal elections with the school board elections conducted by the County of Los Angeles in November of the odd -numbered years. In conformance with action taken by the Council to schedule a public hearing in conjunction with Council consideration of the required ordinance (requiring its general municipal election to be held on the same day a that of school district elections) by disseminating information to the community, notice was provided to the citizens via the winter 1988 edition of the Town & Country News, cable TV, and informational items appearing in the regular press. In addition, a notice of public: hearing was published in the newspaper and posted according to law. SURVEYED ADVANTAGES AND DISADVANTAGES Several cities in Los Angeles County have consolidated their regular municipal elections with school board elections. A report is attached regarding the results of consolidation as perceived by those cities. For the most part the cities which have consolidated their regular municipal elections with the school district elections in November of the odd -numbered years seem to agree that there are advantages 9:n that there is a cost savings of varying amounts and there is a relief in the duties performed by the City Clerk. There is almost universal agreement that the major disadvantage is the delay in receiving certification which also delays the swearing in of the newly elected councilmembers. Some cities also miss the local excitement of election night because precinct results are not received at the local city hall. There is also the feeling that the unofficial results are not received in as timely a manner as when the elections are conducted locally. JAN I I'i9N Consolidation of Elections Page 2 The City of Walnut may have an added advantage every four years by also sharing in the costs of a portion of the election with the Walnut Valley Water District since the Water District also holds its elections during November of the odd -numbered years. Their board members are elected by district for staggered terms of office. Therefore, although the Water District holds elections every two years, that part of the City within the Walnut Valley Water District is in its Election Division 1 which elects a member to the board for a four-year term. However, the voter turnout is very small for the Walnut Valley Water District so it is not likely that such a consolidation will increase the voter turnout for Walnut. The total ballots cast during the last Walnut Valley Unified School Board election amounted to 1,344. The cost of this election was $12,121.26, but it was not possible to obtain the number of registered voters residing within the district. During the last 8 1/2 years, there has never been a time when the Walnut Valley Unified School District has not held an election. During that time there have always been more candidates than there have been vacancies on the board. Specific information regarding the Rowland Unified School District was not available. It was generally stated that the voter turn out was average and that an election is usually held. CITIZEN INPUT At the November 23, 1988, WIN meeting the following sentiments were expressed regarding consolidation of the regular municipal elections with the school board elections in November of the odd -numbered years: Marsha Bracco reported that her group supports consolidation; Susan Kelley reported that her group supports consolidation; and Maurice Cofer reported that about 75% of his group support consolidation while about 25% oppose consolidation. The attached letter was received from a citizen in favor of consolidation. RECOMMENDATION After consideration of the matter, if the City Council is in favor of consolidating the regular municipal elections with the school district elections held in November of the odd -numbered years, the: following action should be taken: 1) Read Ordinance No. 483 for the first time by title only and waive further reading; 2) Introduce Ordinance No. 483 entitled, "An Ordinance of the City Council of the City of Walnut, Adding Section 2.17.2 to the Walnut Municipal Code Requiring that the City's General Municipal Election be held on the Same Day as the Day of the Walnut Valley Unified School District and Rowland Unified School District Elections." Consolidation of Elections Page 3 Attachments: Letter from citizen in support of consolidating elections Ordinance No. 483 Survey of Cities in Los Angeles County Consolidating Regular Municipal Elections with School District Elections Corrected Time Schedule Minutes of October 26, 1988, Council meeting October 26, 1988, Staff Report SURVEY OF CITIES IN LOS ANGELES COUNTY CONSOLIDATING THEIR REGULAR MUNICIPAL ELECTIONS WITH SCHOOL DISTRICT ELECTIONS Hawthorne: (population 67,019 --consolidated in 1983) Advantages: Special election in 1986 cost the City $35,000. The regularly consolidated election in 1987 cost the city $12,518. Relieved the City Clerk of many duties. Disadvantages: Lost some local control,.of polling places. Certification of election and swearing in of newly elected Councilmembers cannot take place until the end of November since that information is not available from the County until that time. Unofficial notice is not so timely as with local election. Neutral: There was no increase in voter turnout. Montebello: (55,376 population --consolidated in 1985) Advantages: Savings in election costs. Prior to consolidation the election cost $22,000; the consolidated election cost $13,541.94. Relieved City Clerk many election duties. Disadvantages Delay in time of certification of election and swearing in of newly elected councilmembers. Generally the unofficial results were available the night of the election, but there is no local gathering to receive the results. Neutral: There was no increase in voter turnout. Lynwood: (56,081 population --consolidated in 1981) Advantages: Reported savings but exact amount is unknown. Last consolidated election cost $12,961.00 Relieved City Clerk of many election duties. Disadvantages: Delay regarding certification of election and swearing in of newly elected councilmembers, but this does not present a problem to the Council. Neutral: There was no change in voter turnout. 1 Bell Gardens: (36,200 population --consolidated in 1983) Disadvantages: After three consolidated elections, the Council has voted to return to the April elections in the even -numbered years. The reason for this was their perception that the County was not really cooperative and the City was not satisfied with all of the polling places. The City also has a problem with the delay in receiving the official results and the newly elected councilmembers could not be sworn in until the end of the month. The unofficial results were received more timely than that, but not so soon as when the election is conducted locally. The Council had initiated the consolidation and also the return to the local April elections. Advantages: There was a savings in election costs. The -last consolidated election cost between $6,000 and $7,000 and the City Clerk projects that the 1990 election may cost around $8,000. Neutral: There was no increase in voter turnout during the consolidated elections. Rancho Palos Verdes: (59,000 population --consolidated in 1981) Advantages: Relieves City Clerk of many burdensome responsibilities. Slight increase in voter turnout since consolidation with school district and library board. In 1987 there were 27,500 registered voters and the city had 20% turnout. The cost was $18,500. Disadvantages: There were no reported disadvantages. Neutral: At the time of consolidation the election costs were about the same for the consolidated election and the last local. election. Westlake Village (7,300 population --consolidated in 1985) Advantages: Special election in April 1988 which the city conducted on its own cost $12,519. The consolidated election in November 1987 cost $6,053. Relieves the City Clerk of most of the burdensome responsibilities. The city has no complaints regarding the conduct of the election and found the county to be most cooperative. Disadvantages: There were no reported disadvantages. Neutral: There was no significant change in voter turnout. In the special election of 1988 the voter turnout was 1,386. In the consolidated election of November 1987 the voter turnout was 1,604. Rolling Hills Estates (7,700 population --consolidated in 1985) Advantages: Much easier on small staff. Significant cost savings. The 1987 consolidated election cost between $5,000 and $6,000. It is estimated that the special election to be held locally in March 1988 will cost between $8,000 and $10,000. The City Clerk/City Manager does not feel there has been loss of control and does feel that the working relationship with the county has been very good. to t Disadvantages: There were no reported disadvantages. Neutral: Any change in voter turnout is negligible. Duarte: (population 22,400 --consolidated in 1987) Advantages: Relieved the City Clerk of many burdensome election duties. Increased voter turnout. In April 8, 1986, local municipal election, there were 7,776 registered voters and there was a voter turnout of 1,656 (21.3%). In November 1987 there were 7,288 registered voters and there was a voter turnout of 2,101 (28.82%). Disadvantages: Some Councilmembers and others missed the excitement of elections under the City's control with the vote count being done locally and knowing the outcome of each precinct as„they come in. A staff member was in attendance at the County office who called in the results as they became available. The certification and swearing in of the newly elected councilmembers were delayed for about three weeks. Neutral: The compared costs between the last local election and the last consolidated elections were close, but the local. election was a little less expensive. The cost for the consolidated election in November 1987 was $8,500.35. The cost for the local April 1986 election was $7,883.70 Agoura Hills (population 20,000 --consolidated in 1985) Advantages: There was a lowering of costs to run the consolidated elections. In 1984 the city spent $11,218 for its local election. The consolidated election in 1985 cost the city $5,970. An increase in voter turnout was realized. In the local 1984 election, there was a 16.5% turnout of registered voters. In the consoldiated election of 1985, there was a 36% turnout of registered voters. I:n the consolidated election of 1987, there was a 24% turnout of registered voters. There was also a lessening of the City Clerk's duties with the consolidation of the elections. Disadvantages: The only disadvantage reported was some loss of control over precinct workers, but it was felt that the County did a good job in this regard. Neutral: There were no reported neutral results. Hermosa Beach It was not possible to obtain information from the City of Hermosa Beach. According to the Registrar of Voters, 1989 is the first year for this city to consolidate. However, the Registrar of Voters stated that certain other cities were consolidating for the first time in 1989, but upon talking to the City Clerks in those cities, it was determined that the 1989 date was incorrect and that the cities actually had consolidated earlier than 1989. 3 CONSOLIDATION OF ELECTION PROCEDURE Time Schedule (Corrected) Action Deadline Introduce Ordinance Must be received by Board of requiring City's general Supervisors and approved municipalelection to be prior to commencement of held in November of the election process odd -numbered years Adopt Ordinance Ordinance becomes effective upon approval by Board of Supervisors Mail postcards to all registered voters Various election resolutions must be completed and mailed to County Nomination period begins Nomination period ends Election Day Between three to four weeks of adoption by Council Must be completed by 30 days after approval by Board of Supervisors Will contract with Martin & Chapman for material and calendar of election procedure 113 days before election 88 days before election (unless extended because incumbent fails to take out nomination papers) Estimated Date January 11, 1989 January 25, 1989 February 10, 1989 March 10, 1989 June 1989 July 17, 1989 August 11, 1989 November 7, 1989 If School Board does not have election because of having no more nominees than open positions on the board, the City will have to bear total cost of election. Canvass of election will have to take place two to three weeks after election rather than one week as is currently done because the County cannot provide election results as quickly as is accomplished with local election. Some personal service may have to be eliminated. f, P.O. Box 682, Walnut, CA 91788-0682 21201 LA PUENTE ROAD WALNUT, CALIFORNIA 91789 Telephone (714) 595-7543 CIT'IY OF N7CTA.LNT.TT October 6, 1988 COUNCIL AGENDA: October 26, 1988 TO: City Council FROM: Linda Holmes, City Manager SUBJECT: CONSOLIDATION OF ELECTIONS BACKGROUND OCT iggg Item D 44k Mayor CHARLES D. RICHARDSON Mayor Pro Tem "BERT" ASHLEY H. THOMAS SYKES RAY T. WATSON Council Members At the City Council meeting of July 27, 1988, the City Council discussed Councilmember Richardson's request to consolidate the City Council elections (held in April of even -:numbered years) with the School Board elections (held in November of odd -numbered years). The Council directed staff to determine any potential cost savings and report back. COST ESTIMATES The County Registrar of Voters was contacted on August 4, 1988, and cost estimates for the County handling the consolidated elections were requested. On October 6, the Registrar's Office reported that definitive cost estimates could not be determined until 120 days prior to the elections. At this time, all they can report is that, to their knowledge and in accordance with their best judgment, there would be a savings to the City. Their experience has been that any city that has consolidated has received a cost savings. The attached summary report prepared by the League of California Cities indicates on page 7 that cities who consolidated experienced an average cost savings of 64%. The City of Walnut :is currently spending about $10,000 for municipal elections every two years. A 64% savings would total $6,400 every two years, or an annualized savings of $3,200. PROCESS The Registrar reported that the process for consolidating is for the City Council to adopt a Resolution requesting that the County Board of Supervisors approve the consolidation. The Board of Supervisors has OCT 2 8 1988 Item t-> Consolidation of Election Page 2 gone on record as favoring consolidation and they have never denied a city's request for consolidation. Once the Board approves the consolidation, the City Council would initiate an ordinance amending the date of municipal elections. ADVANTAGES AND DISADVANTAGES Attached is a summary prepared by the League of California Cities, addressing some of the advantages and disadvantages of consolidating. The primary advantages are cost savings and increased voter turnout. A primary disadvantage is that the ballot would become longer and people would not be as familiar with the variety of issues. A major concern of consolidation with the Walnut Valley andI Rowland Unified School Districts is the timing. The next school district elections will be held in November, 1989. However, the current City Council is seated until April, 1990. Therefore, the current Council terms would have to be reduced by five months. The alternative would be that the consolidation would have to be put off until November, 1991, and the current Council terms would be extended by 19 months. RECOMMENDATION As this is a policy matter, is recommended that the City Council discuss this issue and provide direction to staff. If the Council determines to proceed, staff should be directed to prepare a Resolution to be adopted at the next Council meeting and forwarded to the Board of Supervisors. LH:fs Attachment CONSOLIDATION OF ELECTIONS Time Schedule Action i Est. Date Introduce Ordinance requiring Must be received by Feb 8 1989 its general municipal election L.A. Co. Bd. of Super. CONSOLIDATION OF ELECTIONS Time Schedule Action Deadline Est. Date Introduce Ordinance requiring Must be received by Feb 8 1989 its general municipal election L.A. Co. Bd. of Super. to be held on the same day as and approved prior,to school district election commencement of elec. process. Adopt Ordinance Feb. 22,1989 Ordinance becomes effective March 22, 1989 Mail to Co. Bd. of Supervisors Should receive approval in April to meet deadlines Mail postcards to all June 30, 1989, registered voters prior deadline for to July 17 mailing Nomination Period Begins 113 days before election July 17, 1989 Nomination Period Ends 88 days before election August 11, 1989 (unless extended because incumbent fails to take out nomination papers) Election Day Nov. 7, 1989 If School Board does not have election because of insufficient nominees, the City will have to bear total cost of election. Canvass of election will have to take place two to three weeks after election rather than one week as it is currently done because the County cannot provide election results as quickly. Some personal service may have to be eliminated. Current Law Under current law, Section 2601 of the Elections Code and Section 36503 of the Government Code requires that municipal elections will normally be held on the second Tuesday in April of each even -numbered year. In September, 1981, Governor Brown signed SB 230 (Schmitz), now Chapter 1013, sponsored by the Orange County Division, League of California Cities. SB 2301adds Section 36503.5 to the Government Code. General law cities may now enact an ordinance, upon the approval of the Board of Supervisors, requiring the municipal election to be held on the same day as the statewide direct primary election, the day of the statewide general election, or on the day of school district elections. SB 230 was an urgency bill and took effect immediately upon signing by the Governor. Therefore, if a city acts quickly, consolidated elections could be achieved in 1982. Article XI, Section 5 of the California Constitution gives charter cities the freedom to set their own election dates. Charter City Experiences In discussing the consolidation of municipal elections, it is useful to look at the experiences of charter cities which have consolidated elections. Of the 80 charter cities in California, 18 consolidate their elections with other elections (9 consolidate elections with the state primary and/or the state general election, 9 consolidate with the local election in November of odd -numbered years), 21 hold their elections at the same time as general law cities, and the remainder hold their elections at various other times. The experiences of a number of these cities are referred to throughout this report.. In Orange County three of the -nine charter cities consolidate their municipal elections. Irvine and Anaheim hold municipal elections in June of even -numbered years and Newport Beach is in Noverber of even -numbered years. Cypress, Huntington Beach, Los Alamitos, and Placentia all hold their elections with the general law cities on the second Tuesday in April of even -numbered years. Santa Ana and Seal Beach have municipal election dates separate from all other jurisdictions. MEMBER CITIES ANAHEIM Orange County Division BBREA UENA PARK COSTA MESA CYPRESS FOUNTAIN VALLEY LEAGUE OF CALIFORNIA FVLLERTON CITIES GARDEN GROVE HUNTINGTON BEACH 118 WEST FIFTH STREET, SUITES, SANTA ANA, CALIFORNIA 92701 (714) 972-0077 IRVINE LAGUNA BEACH LA HABRA LA PALMA LOS ALAMITOS NEWPORT BEACH ORANGE PLACENTA October 23, 1981 SAN CL EMENTE SAN JUAN CAPISTRANO SANTA ANA SEAL BEACH STANTON TUS TIN VILLA PARK CONSOLIDATION OF MUNICIPAL ELECTIONS WESTMINSTER YORBA LINDA Current Law Under current law, Section 2601 of the Elections Code and Section 36503 of the Government Code requires that municipal elections will normally be held on the second Tuesday in April of each even -numbered year. In September, 1981, Governor Brown signed SB 230 (Schmitz), now Chapter 1013, sponsored by the Orange County Division, League of California Cities. SB 2301adds Section 36503.5 to the Government Code. General law cities may now enact an ordinance, upon the approval of the Board of Supervisors, requiring the municipal election to be held on the same day as the statewide direct primary election, the day of the statewide general election, or on the day of school district elections. SB 230 was an urgency bill and took effect immediately upon signing by the Governor. Therefore, if a city acts quickly, consolidated elections could be achieved in 1982. Article XI, Section 5 of the California Constitution gives charter cities the freedom to set their own election dates. Charter City Experiences In discussing the consolidation of municipal elections, it is useful to look at the experiences of charter cities which have consolidated elections. Of the 80 charter cities in California, 18 consolidate their elections with other elections (9 consolidate elections with the state primary and/or the state general election, 9 consolidate with the local election in November of odd -numbered years), 21 hold their elections at the same time as general law cities, and the remainder hold their elections at various other times. The experiences of a number of these cities are referred to throughout this report.. In Orange County three of the -nine charter cities consolidate their municipal elections. Irvine and Anaheim hold municipal elections in June of even -numbered years and Newport Beach is in Noverber of even -numbered years. Cypress, Huntington Beach, Los Alamitos, and Placentia all hold their elections with the general law cities on the second Tuesday in April of even -numbered years. Santa Ana and Seal Beach have municipal election dates separate from all other jurisdictions. Advantages and Disadvantages of Consolidation Presented below are some of the advantages and disadvantages of a city consolidating its elections. The issue here is not the advisability of giving cities the option to consolidate elections, but rather whether it is advantageous or disadvantageous C or a particular city to consolidate its elections if it were given that option. Obviously these advantages and disadvantages vary in importance from city to city. In certain cases, a response is offered to the advantage or disadvantage when the point is highly debatable. ADVANTAGES: 1. Lower Election Cost to City. Cities can realize dollar savings through consolidation. Consolidation with an election that is already taking place allows costs to be cut, since the expense of hiring poll workers and renting polling places for a separate municipal election can be eliminated, and such functions as printing ballots and publishing polling places can be consolidated and performed more efficiently. County charges to a city for its share of the expenses of a consolidated election would therefore likely be less than city costs for a separate municipal election. The experiences of charter cities supports the idea that consolidation would cut election costs to a city. 2. Increase Voter Turnout. City elections can attract higher voter turnout through consolidation. Historically, turnout for municipal elections has been far below that of the state primary election and of the state general election (see attachment 1). By consolidating with one of these elections, a city would gain the benefit of the higher voter turnout attracted by these elections. Of the charter cities contacted which consolidated with the state primary.or general election, all achieved higher voter turnouts through consolidation (see attachment 2). Such increases are not as apparent when elections are consolidated with local elections in November of odd -numbered years. 3. voter Convenience. Consolidation of elections may be more convenient to the voter. Elimination of a separate municipal election would mean less trips that a voter would have to take to the polls. Consolidation would also allow voters to concentrate on all of the issues at once, rather than having to take the time to investigate political issues on separate occasions. If voting is made more convenient, then perhaps -more citizens will go to the trouble of voting. 4. Creates a Better Connection Between Local Issues and higher Elected Officials' Involvement. Since under consolidation, citizens would be voting on local issues at the same time that they would be voting for higher elected officials, voters might make a better connection between the local issues and the involvement of higher officials in these issues. This could force county, state, and federal representatives to be more responsive to city needs.' -2- 5. Attracts More Voter Attention. City issues might gain the attention of ` voters whose interest has been sparked by the more "glamorous" state and national elections. 6. Relieves City Clerks from Sometimes Burdensome Work. Consolidation would shift some of the election work to the county, thereby relieving city clerks from part of the sometimes burdensome administrative work involved in running an election. This work is primarily routine, and is often a problem for clerks in small cities whose offices are not set up to handle the flood of work involved in the administration of an election. 7. More Appropriate Timing. Budgeting follows closely behind the April election date, and newly elected council members may be too unfamiliar with the city government to make significant contributions to the budgeting process. With this in mind, a November election date may be more appropriate. DISADVANTAGES: 1. Decreases Media Coverage of City Issues. With consolidated elections city elections might take a back seat to other elections in media coverage. Media coverage might tend to focus on more glamorous state and national issues rather than city issues. At the same time, smaller local papers are generally the primary source of city election information, and these papers frequently emphasize .local matters over state matters. The charter cities contacted have not noticed decreased media coverage to be a problem. 2. Decreases Availability of Campaign Resources. Consolidation might force city candidates to compete with higher office candidates for resources, decreasing their ability to attract campaign volunteers and money donations. 3. Decreases Familiarity With City Issues„ With consolidated elections, other issues and candidates might attract attentiow of the voter at the expense of city issues, resulting in less familiarity with city issues among citizens. 4. injects Partisan Politics. If municipal elections were consolidated with partisan elections, it might have the effect of injecting partisan politics into municipal elections. Though it should be noted that this has generally not been the case with the many non-partisan judgeships on the June and November ballots. S. Interferes With City Candidates' Involvement in Hi.aher Office Candidates' Campaigns. With consolidated elections, city candidates might not wish to work in or endorse campaigns of higher office candidates who were running at the same time. This could have the effect of making such higher elected officials less responsive to local concerns, since in some instances they would-be less indebted to city officials for their election. -3- 6. Creates Longer Ballots. The state general election and in particular the state primary election already require lengthy ballots. Consolidation would make these ballots even longer. 7. May Require a Longer Lame -Duck Session. Current state law provides counties with 28 days to canvass voted ballots and provide "official returns". SB 230 specifies that, if need be, the current incumbents may retain their seats no later than the fourth Tuesday after the day of the election. However, the City of Irvine struck an agreement with the County in June of 1980 to canvass their election first and provide them with the official returns much earlier. Breakdown of City/County Responsibilities Under Consolidation A typical breakdown of election responsibilities of a city and a county under consolidated elections is presented here. This breakdown is not intended as a hard and fast rule, but rather to demonstrate what consolidation might mean to a city in terms of division of administrative duties and those activities that the county would likely expect the city to share in the cost. County Responsibilities: 1. Sample Ballots: printing and distribution 2. Official Ballots 3. Polling Places: selection and payment for 4. Election Workers: hiring, training, and wages 5. Publication of Polling Places and Election Officers 6. Absentee Ballots: printing and distribution 7. Canvassing of Voted Ballots: both regular and absentee City Responsibilities: 1. Election Calendar 2. Ordinance or Resolution Calling Election 3. All Publications Relating to Offices and Measures 4. Nominating Papers and Forms 5. Candidates' Statements 6. Verification of Signatures to Quality Candidates 7. All Campaign Statement Filings 8. Statements of Economic Interest 9. Arguments For and Against ::unicipal measures 10. Voter Pamphlet Containing Candidates' Statements and Measures and Arguments 11. All Other Matters Pertaining to Municipal Elections (with the exception of those matters listed above as county responsibilities) -4- Differences Between the Three Optional Dates June, even years. Would have a much higher voter turnout than April, even years, November, odd years, but not as high as November, even years. Cost savings would probably be realized over April, even years. However, June, even years is technically the most complex ballot for the Registrar of voters to organize. Consequently, the cost charged a city in June, even years will be considerably higher than in November, even years or November, odd years. The June ballot is the longest ballot. Would extend current council terms for two months. November, even years. Would yield the highest voter turnout. Cost savings in November, even years would probably be greater than any other date. The County Registrar of voters strongly encourages cities to select this date. His consolidation bid will undoubtedly reflect this preference. would extend current council terms for seven months. November, odd years. Would probably yield the same or similar voter turnout as the April, even year election. However, the cost of the November, odd year consolidated (with school districts) election will probably be lower than the city cost of the April, even year election. This ballot is shorter than the others. would extend current council terms for one year and seven months (terms can only be extended by this action - not decreased). Notice Requirement SB 230 provides that "within thirty days (30) after the adoption of an ordinance" requiring a new consolidated election date, "the City Clerk shall cause a notice to be mailed to all registered voters" in the city informing them of the change in election date. MIR Atl.achTent I CITY APRIL 1980 JUNE 1980 NOV. 1980 Anaheim 11% 543 73% Brea 42 61. 78 Buena Park 16 541 73 Costa Mesa 16 54 71 Cypress 15 60 77 Fountain Valley 14 60 77 Fullerton 22 59 76 Garden Grove 12 55 73 Huntington Beach 15 54 72 Irvine * 63 77 Laguna Beach 44 55 68 La Habra 20 59 76 La Palma 26 63 79 Los Alamitos 28 60 75 Newport Beach 37 58 74 Orange 17 59 76 Placentia 25 62 77 San Clemente 34 56 74 San Juan Capistrano 22 60 77 Santa Ana 19** 52 70 Seal Beach 13 63 77 Stanton 23 51 71 Tustin 24 56 73 Villa Park 21 68 80 Westminster 17 56 74 Yorba Linda 16 61 80 AVERAGE VOTER TURNOUT 21% 583 753 INCREASE OVER APRIL -- 37% 54% * Consolidated with ,lune primary election ** Election held 1979 ---------------------------------------------------------------------------------- Statewide Voter Turnout November 1980 (presidential year) 77% June 1980 (presidential year) 63% November 1978 701h June 1978 69% -6- SJL':S FROM CHARTER CITIES THAT IrA'I" CCVSCL?DATED ELECTIONS Ci` Alhambra Eureka Irvine apt. Beach Anaheim Tulare Election Before Voter Consolidation Consolidation Turnout Cost November 1974 June 1971 30v $20,833 Aoril 1977 223 3,363 March 1978 313 15,492 April 1980 373 33,628 April 1980 11% 84,774 April 1978 55%** 181000* TOTAL $176 ,090 * Projected ** Estimated + Nov. 1980 turnout was 743 ++ June 1980 turnout was 54% -7- Election After Voter Consolidation Turnout November 1974 673. June ]1980 673 June 1980 63% November 1982 + June ]1982 ++ November 1979 55!** Consol. Cost Sari:, Cost $;"= S 9,531 $11,302/54; 2,522 841/Z53 6,772 81720/513t 14,000* 19,628/583 25,000* 59,774/713 6,000** 12,000/673 $63,825 $112,265/64% ORDINANCE NO. 16_ (1990) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DIRECTING THAT GENERAL MUNICIPAL ELECTIONS OF THE CITY OF DIAMOND BAR BE HELD ON THE DAY OF SCHOOL DISTRICT ELECTIONS. A. Recitals. (i) On April 18, 1989, the City of Diamond Bar formally incorporated as a general law city in the State of California. Pursuant to the provisions of California Government Code Section 36503, the general municipal election for the City of Diamond Bar would be held on the second Tuesday in April in each even -numbered year. (ii) California Government Code Section 36503.5 provides that a city council may enact: an Ordinance requiring its general municipal election to be held on alternate election dates, as specified in said Ordinance. (iii) The City Council desires to cause the municipal elections for the City of Diamond Bar to be held on the day of school district elections in order to conserve City resources. (iv) All legal prerequisites to the adoption of this Ordinance have occurred. B. Ordinance. Now, therefore, the City Council of the City of Diamond Bar does ordain as follows: Sec_ tion 1. In all respects, as set forth in the Recitals, Part A of this Ordinance. Section 2. This Council hereby directs that general municipal elections of the City of Diamond Bar shall be held on the day of the school district election, the first:. Tuesday after the first Monday of November in each odd -numbered year. Section 3. Those elected officers of the! City of Diamond Bar whose terms of office would have, prior to the adoption of this ordinance, expired following the April, 1992 general municipal election, shall, instead, continue in their respective offices until no later than the Tuesday after the day of the 1991 general municipal election of the City of Diamond Bar, and until their successors are elected and qualified. 1 Those elected officers of the City of Diamond Bar whose terms of office would have, prior to the adoption of this Ordinance, expired following the April, 1994, general municipal election, shall instead, continue in their offices no later than the Tuesday after the day of the 1993 general municipal election of the City of Diamond Bar and until their successors are elected and qualified. Section 4. This Ordinance shall become operative upon its approval by the Board of Supervisors of the County of Los Angeles, as provided in California Government Code Section 36503.5. Section 5. The City Clerk is hereby is directed to: (a) Cause this Ordinance to be posted in the manner required by law pursuant to Resolution 89-6; (b) Forthwith transmit a copy of this Ordinance to the Board of Supervisors of the County of Los Angeles, together with a request that said Board approve this Ordinance; and, (c) Within thirty (30) days after approval of this Ordinance by the Board of Supervisors of the County of Los Angeles, cause a notice to be mailed to all registered voters in the City of Diamond Bar informing them of the change in the general municipal election date effected by this Ordinance, which notice shall be in accord with the requirements specified in California Government Code Section 36503.5 (e). ADOPTED AND APPROVED this day of 1990 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTANED: COUNCIL MEMBERS: ATTEST: City Clerk K Mayor I, Linda Burgess, City. Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Diamond Bar held on the day of , 1990, and was finally passed at a regular meeting of the Council of the City of Diamond Bar held on the day of , 1990. C\1011\ELECORD2\DB 9.2 ty Clerk �1 AGENDA NO.�" ----------------------- CITY OF DIAMOND BAR AGENDA REPORT --------------------------------------------- DATE: November 9, 1990 MEETING DATE: November 13, 1990 TO: Honorable Mayor and Members of the City Council VIA: City Manager FROM: rwin M. Kaplan, Interim City Planner via James DeStefano, Director of Planning SUBJECT: Extension of Interim Hillside Control Ordinance BACKGROUND: A: When adopted on October 16, the Interim Hillside Control Ordinance was in- tended as a stopgap measure to provide the City with the opportunity to reconsider the future of the hillsides. In general; there appeared to be agreement on several key issues, they are: 1. Development should continue to be permitted on hillsides. 2. The existing regulations do not provide clear policy guidance, ei- ther to the developer or to the City, with which to evaluate devel- opment proposals. 3. The primary issue is the form development takes, not the density. 4. Development should respect the natural terrain, so that grading is minimized and reminiscent of landforms found in nature; and ridge - lines are protected and development is less obtrusive, blending into the hillside. B: The interim ordinance was drawn from the experience of other hillside com- munities and, as such, was not tailored to the specific characteristics of the City of Diamond Bar. Several problems have already become apparent. These include: 1. A potential development site may not be self-sufficient, in that Narrative continued on next page. FISCAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number Deficit: $ Revenue Source: REVIEWED BY: Robert L. Van Nort Andrew V. Arczynski City Manager City Attorney 1 91 Terrence L. Belan Assistant City Ma AGENDA ITEM Page Two November 13, 1990 because of its size or configuration, can not always be designed to achieve the hillside program objectives. 2. The slope density formula which is intended to regulate density based upon the steepness of the slope will not accomplish its in- tended purpose, unless further modifications are made to the City's existing zone standards. C: There are several projects in various stages of the formal review process, including a project under appeal, several with draft EIRs and at least one which is expected to be submitted shortly. Most of these projects have momentum which began prior to incorporation, so it is entirely understand- able that the applicants are reluctant to accept further delays and chang- es in the groundrules at this late date. As such, there is little sympa- thy in the development community for efforts by the City to hold back the clock in order to change the rules so that development in Diamond Bar can be distinguished from development elsewhere in the County. D. The dilemma is exacerbated by the fact that approval of those projects currently in the pipeline will determine the future of some major hill- sides in Diamond Bar, including the 180 acres of Tonner Canyon located in Diamond Bar. E. What, then, are the City's choices? Since many of the individually owned parcels in the hillsides are relatively small for planning purposes, it will be very difficult to come -up with creative solutions for the design of hillside tracts on a parcel -by -parcel basis. Conversely, the opportu- nities to capture the spirit of the hillside ordinance increase as the size of the site increases. Where a proposed tract is hemmed in by existing development (such as is the case with TT #47722, the Piermarini Tract, or TT #45290, the Arciero/ Marlborough Tract on Fernhollow), the planning opportunities will be less than where a potential development site is surrounded by undeveloped land, such as is the case in Tonner Canyon. In a "new town" situation, where a master plan would be prepared in anticipation of future development, ad- joining vacant parcels under separate ownerships could be planned as a single unit with a basic road network and open space plan. This plan could be adopted as City policy and the road network and open space plan could be implemented on a piecemeal basis by the individual developers as development occurred, or by the City in anticipation of development. F. Since the City of Diamond Bar came into being after these development ac- tivities were initiated, the City has not had the opportunity to plan ahead and finds itself in the difficult, position of having to respond, rather than to plan. In the best of all worlds, therefore, the City would have an overall Hill- side Development Program which would create the opportunity to: 1. Plan for the largest possible area. 2. Design a road network, utilities plan and open space program which crosses individual property lines. Agenda Item Page Three November 13, 1990 3. Require individual parcels to be developed in accordance with the area -wide plan. 4. Require equitable financial participation in the plan by each of the prospective developers. 5. Allow individual parcels to be developed without being dependent upon concurrent development of all parcels in the area. G. While most of these components can be encompassed in a specific plan for hillside development areas and an appropriate implementation mechanism (such as an assessment district), these components could not be in place in less than six months and would probably take longer. While such a pro- gram may be desirable and could be done within the two year time limit of the interim ordinance, it does not address the problem of projects cur- rently in the pipeline. H. Such a program also does not address the problem of parcels hemmed in by development which are too small for a meaningful specific plan. I. Based upon the above, here are four issues to be considered in conjunction with the extension of the Interim Hillside Control Ordinance. They are: 1. Modification of the Ordinance to deal with the slope density issue. 2. Modification of the Ordinance to recognize the special curcumstances of relatively small, isolated parcels. 3. Modifications to the Ordinance to encourage cooperation among prop- erty owners of adjoiningvacant, developable parcels. 4. Establishing a framework for a permanent ordinance which would con- sist of a Master Plan process to assure the coordinanted planning of developable hillsides and an implementation program to make it hap- pen. Recommendations to accomplish this will be forthcoming as part of the General Plan and related circulation studies. J. It is recommended that the interim ordinance adopted by Council on October 16, 19901 be amended as follows: (There -may also_ be a need for other amendments before the permanent ordinance is adopted, based upon experi- ence gained in the meantime). 1. Modification of the Ordinance to deal with the slope density issue. Assuming that the intent of the ordinance (as contained in the de- velopment standards of the Ordinance and the accompanying drawings) will be rigorously maintained, then the slope density formula which regulates density by degree of slope, is not essential. (Slope den- sity provides no assurance of good site design. It simply would reduce densities, creating more flexibility in the design of the site.) Accordingly, it is suggested that the slope density formula be de- leted. (Proposed deletions are. shown_as.strikeouts in. Once the slope density formula is deleted, it should be pointed out that the density standards of the City's Zoning Ordinance would dic- tate the density limits in hillside areas. These vary in hillside Agenda Item Page Four November 13, 1990 areas from approximately 5 units per acre to one unit per two acres. Without slope density requirements, therefore, the existing density limits would prevail, provided the development otherwise met the criteria of the Hillside Ordinance. With the deletion of the slope density formula, specific reference should be made to the provisions of the City's existing code which establishes a range of densities within which the City has the dis- cretionary authority to make judgments as to the appropriate number of lots for a particular site. This provision of code is necessary to assure that the City has at least the same level of protection under the Interim Code as it does under the existing regulations. To accomplish this, the following language has been inserted into the Interim Ordinance: (Proposed additions are shown in Underline form). "This Ordinance shall be administered in conjunction with the provisions of Chapter 22.56 of the Diamond Bar Municipal Code. Where a conflict or inconsistency exists, the more restrictive regu- lation shall apply." (The Section which establishes the percentage of the site to remain in its natural state based on slope, is retained. Actual experience with the Ordinance over the next few months would be useful in de- ciding whether or not this provision should be included in a perma- nent ordinance.) 2. Modifications to the Ordinance for Relatively Small, Isolated Par- cels. It is suggested that the following provision be added to the Interim Ordinance. "Where the Planning Commission determines that the literal enforce- ment of the provisions of this Ordinance for parcels which may be too small and of a configuration which would create a hardship, the Commission may vary from the standards contained herein; provided that a variation from the strict application of the Code be accompa- nied by a reduction in the maximumm permitted density to the extent deemed necessary to maintain the intent of the Ordinance. Variations may include modifications of the setback requirements to achieve clustering of development on the parcel, in order to main- tain the grading, drainage, siting and circulation objectives of the Ordinance; except that residential structures shall be sited and de- signed in a manner which will-, in the judgment of the Planning Di- rector, maintain a vertical and horizontal distance from other resi- dential structures which will provide a reasonable degree of priva- cy, light and air between residential structures." 3. Modifications to the Ordinance to Encourage Cooperation. The following language is suggested.: "where development is proposed for a parcel which adjoins one or more vacant, developable parcels, Agenda Item Page Five November 13, 1990 cooperation of the respective propertyowners is encouraged in the planning of the road network, utilities plan and open space program for the area as a whole. The City shall consider variations from the strict application of the provisions of this ordinance as may be needed to achieve cooperation among all contiguous propertyowners of vacant, developable properties, to the extent that such variation may better achieve the objectives of this Ordinance". EXHIBIT "A" CITY OF DIAMOND BAR INTERIM HILLSIDE MANAGEMENT ORDINANCE Section 1. Statement of Purpose The purpose of this ordinance is: a. To preserve and protect the views to and from hillside areas in order to maintain the identity, image and environmental quality of the City of Diamond Bar; b. To maintain an environmental equilibrium consistent with the native vegetation, animal life, geology, slopes, and drainage patterns; C. To facilitate hillside preservation through appropriate development standards and guidelines of hillside areas. The guidelines are not intended to be strict standards, but rather to provide direction and encourage development which is sensitive to the unique characteristics common to hillside properties, which include, but are not limited to slopes, land form, vegetation and scenic quality. Innovation in design is encouraged as long as the end result is one which respects the hillside and is consistent with the purposes expressed in this section and in the goals and objectives of the General Plan; d. To ensure that development in the hillside areas shall be concentrated in those areas with the least environmental impact and shall be designed to fit the existing land form; e. To preserve significant features of the natural topography, including swales, canyons, knolls, ridgelines, and rock outcrops. Development may necessarily affect natural features by, for example, roads crossing ridgelines. Therefore, a major design criterion shall be the minimization of such impacts; f. To provide a safe means of ingress and egress for vehicular and pedestrian traffic to and within hillside areas, with minimum disturbance to the natural terrain; g. To correlate intensity of development with the steepness of terrain in order to minimize grading, removal of vegetation, land, instability and fire hazards; h. To provide in hillsides, alternative approaches to conventional flat land development practices by achieving land use patterns and intensities that are consistent with the natural characteristics of hill areas such as slopes, land form, vegetation and scenic quality; and i. To encourage the planning, design and development of home sites that provide maximum safety with respect to fire hazards, exposure to geological and geotechnic hazards, drainage, erosion and siltation, and materials of construction; provide the best use of natural terrain; and to prohibit development what will create or increase fire, flood, slide, or other safety hazards to public health, welfare, and safety. 1 Section 2. Hillside Management District. All property which contains grade:; in excess of 10% shall comply with the following: A. Definitions: The following definitions shall apply to this Section: CONTOUR - A line drawn on a plan which connects all points of equal elevation. CONTOUR GRADING - A grading technique designed to result in earth forms which resemble natural terrain characteristics. Horizontal and vertical curve variations are often used for slope banks. Contour grading does not necessarily minimize the amount of cut and fill occurring. CUT - The mechanical removal of earth CUT AND :FILL - The excavating of earth material in one place and depositing of it as fill in an adjacent place. DRIVEWAY - A means of access over private property to a single residential unit. EFFECTIVE: BULK - The effective visual bulk of a structure when seen from a distance of from below. ELEVATION - Height or distance above sea level. EROSION -• The process by which the soil and rock components of the earth's crust are worn away and removed from one place to another by natural forces such as wind and water. FILL - A deposit of earth material placed by artificial means. FINISH GRADE - The final elevation of the ground surface after development, which is in conformity with the approved plan. GRADING - To bring an existing surface to a designed form by excavating, filling, or smoothing operations. HILLSIDE - Refers to a parcel of land which contains grades in excess of 10%. 2 NATURAL SLOPE - A slope which is not man- made. A natural slope may retain natural vegetation during adjacent grading operations or it may be partially or completely removed and replanted. PAD - A level area created by grading to accommodate development. RIDGE - A long, narrow, conspicuous elevation of land. ROADWAY - A means of access over private property to more than one residential unit. SLOPE - An inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance (run) to vertical distance (rise), or change in elevation. The percent of any given slope is determined by dividing the rise by the run, multiplied by 100. SLOPE, MAN-MADE - A manufactured slope consisting wholly or partially of either cut or filled material. SLOPE TRANSITION - The area where a slope bank -meets -the natural terrai or a level graded area either vertically or horizontally. PROMINENT RIDGE - A ridge or hill location which is visible from a major arterial, secondary, or collector street, which forms part of the skyline or is seen as a distinct edge against a backdrop of land at least 300 feet horizontally behind it, or is so designated by the Plannning Director. 3 B. Hillside Designation The following are standards for' hillside slope categories to ensure that development will complement the character and topography of the land. The standards for one category may be applied to limited portions of the property in an adjacent category when a project is developed on property in more than one slope category. Slope Cateqory o Natural Slope Site Standards 1. 10 to 14.9 Special hillside architectural and design techniques that minimize grading are required in these Slope Categories. 2. 15 to 19.9 Structures shall conform to the natural topography and natural grade by using techniques such as split level foundations of greater than 18 inches, stem walls, stacking and clustering. Conventional grading may be considered by the city for limited portions of a project when its plan includes special design features, extensive open space or significant use of green belts. 3. 20 to 24.9 Development within this category shall be restricted to those sites where it can be shown that safety, environmental and aesthetic impacts can be minimized. Use of large lots, variable setbacks and variable building structural techniques such as stepped foundations are expected. Structures shall be designed to minimize the visual impact of their bulk: and height. The shape, materials, and colors of structures shall blend with the natural environment. The visual and physical impact of driveways and roadways shall be minimized by eliminating sidewalks, and reducing their widths to the minimum required for emergency access and following natural contours, using grade separations where necessary and otherwise minimizing grading. 4 4. 25 and over. This is an excessive slope condition and development is extremely limited. C. Density The maximum number of residential dwelling units which may be permitted to be constructed on a given parcel of land shall be the calculated development limit less the number eliminated due to environmental constraints as determined Pursuant to this ordinance. 5 te- he natiiral siege of the deter ain^dfrer-a-tepegraph land e meme any grading is 1, as standards and having a Seale interval lees net than less €moo=e than ene .-1-€eet. ineh equals The letters 299 feet e,- a- eenteur net f-ermula shall have the fe, , e - 24.9% 62.5% -11,51 _ieanee: - 27.4% 70.0% S - Average perreent s -r pe l 77.5% 30.0 - 32.9% 85.0% 3 = Genteui-- inter 3, .. lam} i -feet; 92.5% 35.0 and above % 100.0% T - G atrem--e€-length e1 eente'Rrs, in ^ feet j -and feet,- 9 - 14.9 -- 2=9 39 - 34.9% .4 35 c „a ever � Minimum Percent of Site to Remain in Natural State (No Cut ---or -Fill) or -Be - Average Percent Developed Solely For Recrea- Slope of Site tional Purposes 0.0 - 14.9% 32.5 % 15.0 - 17.4% 40.0% 17.5 - 19.9% 47.5% 20.0 - 22.4% 55.0% 22.5 - 24.9% 62.5% 25.0 - 27.4% 70.0% 27.5 - 29.9% 77.5% 30.0 - 32.9% 85.0% 32.5 - 34.9% 92.5% 35.0 and above % 100.0% Figure 1 Slope ratio percent slope and degree of slope are shown for some hillsides of varying steepness 2. Environmental Constraints - The maximum number of residential dwelling units shall be further reduced by the impact of the following development constraints, as determined by environmental assessment, unless such development constraints can be shown to have been eliminated or mitigated to the satisfaction of the Planning Commission or the City Council on appeal: a. Land areas subject to inundation during a 100 -year storm. b. Land areas which have been subject to wild fire. C. Land areas which are -above the hillside view line. d. Land areas which are subject to geologic hazard, landslide and debris over flow. e. Land areas which lie within a federally recognized blue line stream, or which contain significant riparian stream bed habitats or other established plant formations which constitute a significant natural feature or ecosystem or which contain rare or endangered species. f. Significant vegetation formations and habitat areas. g. Land areas which are within 100 feet of a significant ridgeline or hiking trail. h. Land areas containing significant archaeologic or historic sites. 3. Exemption - Other provisions of this subsection to the contrary notwithstanding, lots of record as of the date of adoption of this Ordinance shall be entitled to a minimum of one dwelling unit. 4. Administration: This Ordinance shall be administered in conjunction with the provisions of Chapter 22.56 of the Diamond Bar Municipal Code. Where a conflict or inconsistency exists, the more restrictive regulation shall apply_ D. Uses Permitted. Subject to conditional.-us.e permit, the uses and.structures permitted by the Hillside Management Ordinance shall be those uses permitted in the underlying base district. E. Hillside Management Standards and Guidelines. The following Hillside Management Standards and Guidelines are intended to ensure the appropriate management of hillside areas. The 8 Standards are requirements for the use, development, or alteration of land in Hillside areas. The Guidelines; are to be utilized to provide direction to encourage development which is sensitive to the unique characteristics common to hillside properties. The purpose for the Guidelines is to protect existing hillsides and to encourage innovation, to the extent that is, the end result is one which respects the/hillside and is consisent with the goals and policies of this Ordinance. The Guidelines shall be used by the Planning Commission and the City Council in evaluating those development proposals for which it is proposed to go beyond the minimum standards herein specified. Exceptions to the standards specified herein may be approved, pursuant to the Conditional Use Permit (CUP) process, when the approving agency determines that such exceptions are not materially injurious to the intent of the standards and guidelines set forth herein. In granting any such exception, the approving agency shall set forth appropriate findings specifying the facts supporting its determination. In granting any such exception, the approving agency shall set forth appropriate findings setting forth the facts supporting its determination. "Where the Planning Commission determines that the literal enforcement of the provisions of this Ordinance for parcels which may be too small and of a configuration which would create a hardship, the Com- mission may vary from the standards contained herein; provided that a variation from the strict application of the Code be accompanied by reduction in the maximum permitted density to the extent deemed necessary to maintain the intent of the: Ordinance. variations may include modifications of the setback requirements to achieve clustering of development on the parcel, in order to maintain the grading, drainage, siting and circulation objectives of the Ordinance; except that residential structures shall be sited and designed in a manner which will, in the judgment of the Planning Director, maintain a vertical and horizontal distance from other residential structures which will. provide a reasonable degree of privacy, light and air between residential structures." "Where development is proposed for a parcel which adjoins one or more vacant, developable parcels, cooperation of the respective property- owners is encouraged-in"the planning of the road network, utilities plan and open space program for the area as a whole. The City shall consider variations from the strict application of the provisions of this Ordinance as may be needed to achieve cooperation among all contiguous propertyowners of vacant, developable properties, to the extent that such variation may better achieve the objectives of this Ordinance". Section 3. Application Filing :Requirements A. A natural features map, which shall identify all existing slope banks, ridgelines, canyons, natural drainage courses, federally recognized blue line streams, rock outcroppings, and existing vegetation. Also depicted shall be landslides and other existing geologic hazards. NOTE: 1. Graphics not included. 2. Page 10 is now a blank page. 3. Remainder of Ordinance, Pages 11-41, unchanged and not included. AGENDA NO. CITY OF DIAMOND BAR AGENDA REPORT DATE: November 9, 1990 ]MEETING DATE: November 13, 1990 TO: Honorable Mayor and Members of the City Council VIA: Robert L. Van Nort, City Manager FROM: James DeStefano, Director of Plann fit SUBJECT: Report on Actions Taken Following Adop ion of Ordinance No. 15 (1990) Pursuant to the requirements of California Government Code Section 65858 (d), and at the express direction of the City Council of the City of Diamond Bar, the following constitutes a written report of the City Council concerning those mea- sures taken to alleviate the conditions _which let to the adoption of Ordinance No. 15 (1990). BACKGROUND: 1. On October 16, 1990, the City Council of the City of Diamond Bar adopted its Ordinance No. 15 (1990) entitled "An Ordinance of the City Council of the City of Diamond Bar, Adopting an Interim Zoning Ordinance Pursuant to California Government Code Section 65858 (b) and Making Findings in Sup- port Thereof." Said Ordinance No. 15 (1990) adopted interim zoning regu- lations, effective for no longer than forty-five (45) days pertaining to land use proposals for non-commercial or manufacturing uses in the C -M, Commercial Manufacturing Zoning District within the City. Pursuant to the requirements of said Section 65858, Ordinance No. 15 (1990) was adopted by the City Council upon its finding that approvals of such development ap- plications within the City_woud...result n,an.immediate_threat to public health, safety or welfare. 2. Pursuant to California Government Code Section 65858 (b), ten (10) days prior to the expiration of any interim ordinance, or any extension thereof adopted pursuant to the terms of said section, the City Council shall is- sue a written report describing the measures taken to alleviate the condi- tion which led to the adoption of such interim zoning ordinance. Narrative continued on next page. FISCAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number Deficit: $ Revenue Source: REVIEWED BY: bert f. Van Nort Andrew V. Arczynski Terrence L. Belang City Manager City Attorney Assistant City Manager Agenda Item Page Two November 13, 1990 3. On October 15, 1990, at a meeting of the City Council of the city of Diamond Bar, the City Council was presented with an oral and written staff report concerning the adoption of said Ordinance No. 15 (1990> At said meeting and following said staff report, the City Council au- thorized and directed staff to prepare a written report concerning the actions taken following, and relative to, the adoption of Ordinance No. 15 (1990). ACTIONS TAKEN: Following the adoption of Ordinance No. 15 (1990), the following actions have been taken relative to the interim zoning regulations: The City Council adopted an Interim Zoning Ordinance on October 16, 1990. Fol- lowing the adoption of Ordinance No. 15 (1990) the City staff has continued to develop the General Plan, formulate specific amendments to the Zoning Ordinance and prepare economic development strategies for the City. City staff has coor- dinated an Economic Development Retreat between the City Council and Chamber of Commerce Board and discussed development opportunities with retail developers. As a result of these efforts the City Council has directed the Staff to coordin- ate the creation of an Economic Development Subcommittee of the Chamber and City. The purpose of the subcommittee is, generally, to maintain and expand existing local businesses and identify commercial expansion opportunities throughout the community. City staff has met with the General Plan consultant and a new working draft document is expected by the year's end. The Circulation Element consultant selection process is underway. The element will further de- fine the existing and future transportation network. A review of the draft De- velopment Code is proceeding with revised drafts anticipated early next year. The goal is to create a unified and balanced plan of development which will eventually result in the establishment of comprehensive policies for the City. The preparation of the referenced documents will provide the necessary guide- lines for long-term development in the City. The contemplated amendments will permit the comprehensive review, together with public input, of applications for development within the C -M zone. With the adoption of said documents the City Council would consider the earlier repeal of Ordinance No. 15 (1990). \pj s ORDINANCE NO. _(1990) AN OnP►INANCE OF THE CITY COUNCIL OF THE CITY OF DIAXOND BAR ADOPTING AN INTERIM ZONING ORDINANCE PURSUANT TO THE PROVX SIONS OF CALIFORNIA GOVERNMENT CODE 65858(a) 1siNND MAKING FINDINGS IN SUPPORT THEREOF. A. RAQUA1- (i) On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal corporation of the State of California. Thereafter, the City Council adopted its Ordinance No. 14, thereby adopting by reference the Los Angeles County Code as the ordinances of the City of Diamond Bar, including Title 22 thereof setting forth the applicable planning and zoning regulations for the City of Diamond Bar. (Hereinafter said Title 22 shall be referred to as the "Zoning Ordinance.") (ii) With the recent incorporation of the Cita of Diamond Pear, the City Council has examined the existing I Los Angeles {County General Plan, Zone District Plan and zoning Ordinance as it pertains to existing and potential development in the City of Diamond Bar. Such examination has revealed that there are areas within the City which do not provide a stable transition of densities and/or uses and are, as such, incompatible bath internally and with adjacent Zones and uses. The City Council has not adopted the existing Less Angeles County General Flan (as the same would apply to the City of Diamond Bar) and action on development applications, as to required consistency to an adopted General Plan, has taken place pursuant r� C T— 1 2— _+ 0 F R I 1 S=_ 1 r-1 A R t: r-1 A H a[ H R C:.Z 'r H S. K I P. Gti 7_3 .. - E-1 i to the terms and provisions of California Government Code Section 65360. More specifically, the C -M Commercial -Manufacturing zoning district of the Zoning Ordinance allows for a wide range of land uses, including non-commercial and non -manufacturing uses which are permitted by right and as such do not require discretionary review by the City. Further, it is not certain that all such non -commerical and non -manufacturing permitted land uses are appropriate land uses within, such zoning district. Lacking both an adopted General Plan, and consistent local development standards for review of development, such an approval scheme doses not contribute to appropriate community development and would frustrate any effective long-range planning efforts within the City of Diamond Bar. (iii) in recognition of the need for effective long-range planning criteria, the City Council has directed staff of the City to study and formulate amendments to the Zoning Ordinance to assure adequate local rovie.w of, development standards for, and appropriate permitted land uses within the C -M i Commercial -Manufacturing zoning district pending the adoption of the ultimate General flan and develop=ment criteria for the City of Diamond Bar. (iv) There are presently pending applications and/or proposed land uses, the approval or inst=itution of which would not conform to the contemplated General Plan or development approval scheme and would contradict the specific purposes for such Zoning Ordinance amendments and the; adoption of a unified 2 O c T — 1 — '? a FR' I 1 L _ a t•7 is ' M< r•1 A F•a :Ti i1 r-.- c zz`i' F -a s Fr S F _ 04r'07 13 General Plan. Moreovor, pending the completion of such amendments, it is foreseeable that further development proposals or land use proposals for property within the C=M Commercial -Manufacturing zoning district: will be sought or submitted which would contradict the ultimate goals of the proposed Zoning Code amendments and General. Plan. (v) This Council is concerned about the creation of an orderly and balanced development within the City of Diamond Bar. Accordingly, to protect the integrity of the ultimate General Plan and to assure the continued development stability of those properties zoned C -M Commerical -Manufacturing within the City, this Council finds it is necessary to establish interim zoning policies to allow City staff the time necessary to investigate and formulate the: above -referenced ZonirLg ordinance amendments.. (vi) All legal prerequisites prior to the adoption of this Ordinance have occurred. B. pr4i.?igag2• THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES ORDAIN AS FOLLOWS: I Saction 1. The City Council hereby, specifically finds that all the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. S-e_ctio 2,. The City Council further finds as follows: a. The City of Diamond Bar is presently developing a General Plan for -development in the City of Diamond Har. The ultimate goal of the General flan is to provide a balanced and 3 007— 1 2 — S, 0 F=R I 15.= ZT r'1 ARK_r1F-" G:I iHR:CZ N S K I P_ 0G-'ra r unified plan of development within the City of Diamond Bar and will ultimately upgrade the economic, social and cultural welfare of persons and properties within. the City of Diamond Bax, The currant Zoning Ordinance of the City of Diamond Bar does not provide sufficient standards for application to City staff, Planning Commission or City Council review for the approval of, or determination of appropriate land uses within the C -M Commercial -Manufacturing zoning district zone within the City; b, There are presently pending applications and/or land use proposals for non-oommercial or manufacturing uses in the C -M Commercial -Manufacturing zoning district, the approval of which would contradict the ultimata goals and objectives of the General Plan and would not be subject to adoquate local review under the current provisions of the Zoning Ordinance; and C. The approval, of non-commercial or manufacturing land uses within the C -M Commercial -Manilfacturing zoning district under the current provisions of the Zoning Ordinance would result in an immediate threat to the public health, safety or welfare of persons and property within Ithe City of 'Diamond Bar. Section 2. The interim Zoning Regulations pertaining to the permitted commercial or manufacturing land uses within the C -M Commercial --Manufacturing zoning district, as set forth on Exhibit "A" hereto, which are incorporated by reference herein as if set forth in their entirety, are hereby adopted, 4 OCY- 1 2-'-540 FR I 1 _ . = :3 h1AF:Kh1r'iFA ;11 A Ri- 2Y F-f:= K I P . O+ L�-0 ; pggtign $. This ordinance is, enacted under the authority of California Government Code Section 65858(a) and shall be of no further force and effect forty-five (45) days from the date of adaption of this ordinance unless the City Council has extended this Ordinance in the manner as provided in said Section 65858(a). . Beet _!�. This ordinance is hereby declared to be an urgency measure pursuant to the terms of California Government Code sections 65858(a) and 36337(b), and', this Ordinance shall take effect i.mnediately upon its adoption. 5_e,Qtio0 fi. The City Clerk shall certify to the adoption of this ordinance and shall cause the same to be posted, in three (3) public places within the City of Diamond Bar pursuant to the f provisions of Resolution No. 89-6. ADOPTED AILD APPROVED this day of , 1990. I Mayer 5 a CCT— 1 2—':-: 0 FR I 15 . -14 r-1 Pi R. K MAH G) Pi F:CZY VA._ K I P e r r ,-0 r 1, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced and passed at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1990, by the following vote: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS* 5j10jtk0RDIE0NEWB 5.4 6 ATTEST: Lynda Burgess, City Clerk of the City of Diamond Bar ATTACHMENT "A" C -M CONEVERCIAL 'MANUFACTURING ZONE Sections: 22.28.230 Permitted uses. 22.28.2=10 accessory uses. 22.28?50 Uses subject to director's re.-iew and approval. X2.28.260 Uses subject to permits.. 22.28.270 Development standards. 22 28.230 Permitted uses. Premises in Zone C-�1 may be used For: A. The Following commercial uses: 1. Sales. — antique shops. -`- — appliance stores, household. — art galleries. — art supply stores. — auction houses, excluding animal auctions. — automobile sales. sale of nev; and used motor vehicles. — automobile supply stores, provided all repair activities are con- ducted within an enclosed building. — Baker%. shops. — Bicvcll shops. — Boat and other marine sales. — Bookstores. — Ceramics shops. — Clothing stores. — Confectiopery or candy stores. – Delicatessens. –= Department stores. — Disability rehabilitation and training centers. except that assembly and manufacturing are permitted only as provided in subsection B of this section. — Dress shops. — Drugstores. — Feed and grain sales. — Florist shops. — Fruit and vegetable markets. — Furniture stores. Furrier shops. — Gift shops. — Glass and mirror sales. including automobile glass installation only when conducted within an enclosed building. Grocery stores. — Hardware stores. including the sale of lumber and other building supplies. but excluding milling or woodworking other than inti - dental cutting of lumber to size. provided that all sale. display. storage and incidental cutting is within an enclosed building. — Health food stores. — Hobby supply stores. — Ice cream shops. Ice sales. excluding ice plants. leweln, stores. — Lapidary shops. — Leather goods stores. Liquor stores. Mail order houses. Meat markets. excluding slaughtering. Millinery shops. Mobilehome sales. ,ylodel home display" centers and sales offices. provided that such models shall not be used for residential purposes unless a condi- tional use permit is first obtained pursuant to the pro%isions of Part I of Chapter 22.56. Motorcycle. motorscooter and trail bike sales. Music stores. Newsstands. — Notions or no%-clty stores. Nurseries. including the growing ofnursery stock. Office machines and equipment sales. — Paint and wallpaper stores. Pawnshops. Pet stores. within an enclosed building only. Pet supply stores. Photographic equipment and supply stores. Radio and television stores. — Recreational vehicle sales. Retail stores. S�londhand stores. - Shoe stores. — Silver shops. Sporting goods stores. Stamp redemption centers. Stationery stores. Tobacco shops. — Toy stores. — Trailer sales. box and utility. Yarn and yardage stores. 2. -- Services. Banks. savings and loans. credit unions and finance companies. Laboratories. research and testing. 22.28.24() .Accessorti- uses. Premises in Zone C -M may be used tor: A. The follov.-ing accessory uses. subject to the same limitations and condi- - . tions provided in Section 22.28.040 (Zone C -H): — .Aceessory buildines and structures. — Building materials. storage of. B. The following additional accessory uses. subject to the same limitations and conditions provided in Section 22.28.190 (Zone C-3): — .automobile body and fender repair. painting and upholstering_ %vhen incidental to the sale of new automobiles. — Boats. minor repair of. — Manufacturing. processing. treating and packaging incidental to and operated in conjunction with the business conducted on the premises. except as othernvisc provided as a principal use in Section 22.23.230. C. The rollowing additional accessory uses.- - Signs. as provided in Fart 10 of Chapter 22.2. (Ord. 1494 Ch. 2 .Art. 3 § 259.3. 1927.) 22.28.2-50 Uses subject to director's revieNv and approval. If site plans there- for are first submitted to and approved by the director. premises in Zone C -hl may be used for: A. The following uses. subject to the same limitations and conditions provided in Section 22.?8.050 (Zone C -H): 22.28.20 uses subject to permits. Premises in Zone C -M maybe used for: following uses provided a conditional use permit has first been obtained as provided in Part 1 of Chapter 22.56, and while such permit is in full force and effect in conformity with the conditions of such permit for: — Hotels. -.— Motels: Offices. business or professional,. - Restaurants and other eating establishments. including food take- out. ` 22.28.260 Temporary uses, as provided in Part 14 of Chapter 22.36. (Ord. 85-019 § 8 (part), I985; Ord. 83-0004 § 43. I985: Ord. 84-0236 § 7.1984: Ord. 84-0161 § 10, 1984, Ord. 83-0007 § 2 (part), 1983: Ord. 82-0034§ 4 (part), 1982; Ord. 82-0003 § 11 (part). 1982, Ord. 81-0005 § 7 (part). 1981: Ord. 1494 Ch. 2 Art. 3 § 29.7. 1937.) 22.28.270 Development standards. Premises in Zone C -y1 shall be subject to the following development standards. A. That not to exceed 90 percent of the net area be occupied by buildings, with a minimum of 10 percent of the net area Iandscaped with a lawn. shrubbery, flowers and/or trees, which shall be continuously maintained in good condition. Incidental walkways, if needed, may be dev'eloped in the Iandscaped area. B. That there be parking facilities provided as required by Part 11 of Chapter 22.52. C. Outside Display. all display in Zone C -.N1 shall be located wholly within an enclosed building. except for the following: — amusement rides and devices. - - automobile sales. limited to automobile and trucks under t«Vo tons held for sale or rental only. — automobile service stations. limited to automobile accessories and facilities necessary to dispensing; petroleum products ord%. — Boat sales. limited to boats held for sale or rental onl,,. — Carnivals. commercial. — Christmas trees and wreaths, the sale of. — Crops — Field. tree. bush, berry and ro«. including nurscr',- stock. — Electric distribution substations. — Gas metering and control stations. public utility. — Mobilehome sales, limited to mobilehornes held for sale only. — Parking lots. — Recreational vehicle sales. limited to recreational vehicles Feld for sale or rental only. Restaurants and other eating establishments. including food take-out. subject to the standards specified by subsection G of Section 22.28.070. - — Signs, outdoor ar dvertising. — TFailer sales, box and utility, limited to trailers held for sale only. D. Outside Storage. Outside storage is permitted on the rear of a lot or parcel of land in Zone C -ISI when such storage is strictly incidental to the permitted use existing in a building on the front portion of the same lot or parcel ofland. and provided no storage is higher than the enclosure surrounding it nor nearer than 50 feet to the front property line. Any outdoor area used for storage shall be completely enclosed by a solid masonry wall and solid gate. not less than five feet nor more than six feet in height. except that the director may approve the substitution of a fence or decorative wall where, in his opinion, succi Nyall or fence will adequately comply with the provisions ofthis section. .all such requests for substitution shall be subject to the provisions of Part 12 of Chapter 22.56. on director's review. (Ord. 84-0161 § 11. 1984: Ord. 83-0161 § 13. 1983: Ord. 1494 Ch. 2 art. 3 § 259.9. 1927.) 22-141 AGENDA NO. 11 CITY OF DIAMOND BAR AGENDA REPORT' DATE: October 30, 1990 MEETING DATE: November 13, 1990 TO: Honorable Mayor and Members of the City Council VIA: City Manager FROM: Terrence L. Belanger, Assistant City Manager via Troy L. Butzlaff, Administrative Analyst SUBJECT: Collection and Disposal of Residential, Commercial and Industrial Garbage and Rubbish for the City of Diamond Bar ------------------------- Overview: With the incorporation of the City of Diamond Bar in April, 1989, the responsibility for the administration of solid waste collection, hauling and disposal fell upon the City. The County of Los Angeles did not closely manage the collection hauling and disposal of solid waste in the previously unincorporated area of Diamond Bar. The County allowed an open market to exist for any and all haulers of solid waste within the Diamond Bar area. The City of Diamond Bar is now in the position where it needs to take over active management of the privately provided collection hauling and disposal of solid waste within its incorporated boundaries, as it confronts the consequences of recently enacted State legislation. The Issues: There are several policy issues for City Council consideration and decision; 1. Franchising: The determination as to whether to implement an exclusive franchise or a non-exclusive franchise in the City for residential and commercial solid waste collection. 2. Permitting: During the discontinuance period, which is a five (5) year period within which an existing hauler, after being given notice of a change in the manner by which solid waste will be collected and disposed, is allowed to phase out their business. The Council needs to determine as to whether to implement .a permit system for the collection, hauling and disposal of solid waste within the City. This permit system will be applicable to all solid waste firms doing business in the City. 3. Selection Process: The Council must make a determination as to the method of selection of solid waste franchisee: whether to invite all interested haulers to an open competition through either a request for proposal and evaluation process or a formal bid process; in the alternative, whether to enter into focused negotiations with a hauler or haulers. Finally, whether the RFP or bid process and evaluation will be done by City staff or a consultant. 1 Chronolo City staff has previously provided a chronology of events to the City Council, which outline the process the Council undertook commencing with the adoption of Ordinance No. 2-90 on February 20,1990. Ordinance No. 2-90 set forth the City policy for the collection and disposal of refuse, trash, rubbish., and solid waste within the City of Diamond Bar. It should be noted that Ordinance No. 2-90 was unanimously approved by the City Council. Further the City Council pursuant to its newl?y adopted solid waste collection and disposal policy, issued a request for proposal for the collection and disposal of solid waste under an exclusive franchise, in the City of Diamond Bar. That Request for Proposal was also unanimously approved and issued. The previously delineated chronology of events, commencing with February 20, 1990 and proceeding through the present, is set forth for your information and to refresh your recollection on the series of events that have transpired on the issue of solid waste. February 20. 1990: The City of Diamond Bar introduced Ordinance No. 2-90 entitled "An Ordinance of the City Council of the City of Diamond ]Bar Repealing, in Its Entirety, Chapter 20.72 of Title 20 of the Los Angeles County Code, as Heretofore Adopted, an Adopting Standards and Requirements Relating to Garbage and Refuse Collection." Ordinance 2-90 sets forth the legislative policy which is the basis for adopting requirements and standards for garbage and refuse collection. The legislative policy states, "the City Council finds and determines that storage, accumulation, collection and disposal of refuse, trash, rubbish, solid waste, debris and other discarded material is a matter of great public concern, in that improper control of such matters creates a public nuisance, which may lead to air pollution, fire hazards, illegal dumping, insect breeding, and rat infestation, and other problems affecting the health, welfare, and safety of the residents of Diamond Bar and surrounding cities. The City Council further declares that regulations provided in this ordinance are designed to eliminate or alleviate such problems." The City Council determined that it was appropriate to exercise its prerogative, pursuant to Section 66757 of the California Government Code by establishing its authority and jurisdiction to issue exclusive or nonexclusive permits for the collection and disposal of refuse, trash, rubbish and other forms of solid waste, within the City of Diamond Bar. On this same date, the City Council approved specifications for the collection and disposal of residential, commercial and industrial garbage and rubbish for the City of Diamond Bar. Concurrently, the City Council issued a general invitation and Request for Proposals from interested and qualified Solid Waste Handling Contractors for the collection and disposal of solid waste, under an exclusive franchise, in the City of Diamond Bar. The Request for Proposal set forth a minimum time period for an exclusive franchise of five years. Subsequent to the general limitation and Request for Proposals, the proposal specifications and other related documents were made available to interested and qualified Solid Waste Handling Contractors. r March 6, 1990: The City Council adopted Ordinance No. 2-90 which repealed Chapter 20.72 of Title 20 of the Los Angeles County Code and adopted requirements and standards related to garbage and refuse collection; thus establishing jurisdiction over solid waste collection and disposal, in the City of Diamond Bar. Avril 20, 1990: The City received proposals from nine (9) qualified Solid Waste Handling Contractors for the collection and disposal of residentially, commercially, and industrially generated solid waste. The nine proposing firms were as follows: 1. A & G/AGEN Disposal 2. Athens Disposal (DBA -Community Disposal) 3. Browning-Ferris Industries 4. Diamond Bar Disposal (Taormina Industries) 5. Diamond Bar Environmental (Duran & Sons) 6. H.B.J.J. 7. Norcal/Valley Vista 8. Webster Refuse Disposal 9. Western Waste Industries The review and evaluation of the proposals were undertaken by a committee comprised of seven people from various municipalities. Also, the City Manager undertook review and evaluation of the proposals. The seven member committee, after each of the individual committee members had independently reviewed and evaluated each proposal, met as a committee to discuss their evaluations and to make recommendations to the City Manager and City Council regarding those firms the committee determined to be the most responsive to the City's Request for Proposal. May 7, 1990: The Committee established to review and evaluate the proposals for solid waste collection and disposal services met May 7, 1990 to complete their task. The seven member committee met in an all day session to review the nine proposals. The committee, as a part of their findings and recommendations, indicated its support of the City Council's intention to award an exclusive franchise for the collection and disposal of solid waste and recyclable materials within the City of Diamond Bar. The committee indicated that some of the benefits of an exclusive franchise are that it facilitates long term planning, establishes uniformity of operational standards and service levels, establishes uniformity in rates and rate standards, achieves the statutorily mandated collection and disposal standards (AB939), provides for a reasonable equipment purchase and amortization program, allows more accurate estimation of revenues and expenditures related to the collection and disposal of solid waste; and, establishes a solid waste and recycling collection/disposal impact fund. 3 The solid waste/recycling services proposal review committee recommended five (5) solid waste handling contractors to the City Council, for further consideration. The City Council added one (1) other firm to the five (5) for a total of six. The six firms, based upon the committee findings, listed below were invited to be interviewed by the City Council: 1. Diamond Bar Environmental (Duran & Sons) 2. Diamond Bar Disposal (Taormina Industries) 3. Athens Disposal (Community Disposal) 4. Webster's Refuse Disposal 5. Western Waste Industries 6. Norcal/Valley Vista June 21, 1990: The six firms recommended by the Special Review committee were invited to be interviewed by the City Council, on this date. The City staff prepared an evaluation matrix which listed the respective firms proposals in several important categorical areas: rate; franchise fee; senior discount; proposed length of franchise; recycling fee/proposed program; AB939 participation; greenwaste program; alternative fields participation; other incentives; and, miscellaneous comments. The matrix reflects comments and clarifications submitted by each of the respective companies related to staff's recitation of the various proposals as set forth in the. matrix. The City Council (without Councilman Horche:r, who was recused) interviewed the six (6) recommended firms, on this date. June 29, 1990: The City issued notices of discontinuance of solid waste collection activities to those solid waste handling contractors that had been identified as doing business, within the City of Diamond Bar. The notice of discontinuance advised the solid waste handlers that the City of Diamond Bar would. be awarding an exclusive refuse and collection disposal franchise pursuant to the terms of Ordinance No. 2-90. Further, the notice indicated that pursuant to the provisions of Section 49520 of the California Public Resources Code that the notified firms would have to discontinue all solid waste collection activities within the City of Diamond Bar, not later than June 30, 1995. The notice of discontinuance also requested that each of the solid waste haulers provide to the Office of the City Manager, a list of all accounts which are being serviced by the respective firm as of August 1, 1990. The firms were further notified that after the August 1,1990 date, no new or additional services were to be provided by the hauler to any resident, industry or commercial enterprise, or otherwise, within the City of Diamond Bar. Julv 17, 1990: The City Council of the City of Diamond Bar considered the award of an exclusive franchise. The City Council selected two (2) firms to consider for the award of an exclusive franchise for the collection and disposal of solid waste within the City. The two (2) firms ;selected for consideration were 4 Community Disposal Company and Western Waste Company. The City Council directed staff to give notice of a hearing to the residents of Diamond Bar that would be held on August 14, 1990. The consideration of the award of a refuse contract was continued, until after the hearing. August 14, 1990• The City Council conducted a community ]hearing regarding solid waste collection and disposal. Many community residents and representatives from solid waste collection and disposal firms presented their views on the issues related to solid waste. The comments were wide-ranging. Matters such as source reduction, recycling, collection methods. disposal methods, exclusive/mon-exclusive contracts, franchise fees, state mandated policies/procedures, and others were discussed. The Council decided to continue the matter of contracting for solid. waste collection and disposal, for ninety (90) day continuance period. Franchise Systems for Collection and Disposal of Solid Waste: In assuming responsibility for solid waste collection the majority of California cities utilize the franchise system. Within the context of a franchise, there are two (2) types, exclusive (limited to one) and non- exclusive (limited to a few). In surveying Los Angeles and Orange County cities, the most common system was the exclusive franchise for both residential and commercial collection. An exclusive franchise provides numerous key features: 1. Haulers are provided exclusive rights to collect in Diamond Bar; 2. There can be separate exclusive arrangements for residential and commercial or just one for both; 3. The City has control over hauler(s) through 4. Franchise revenues may accrue to the City; 5. Rate regulation is governed by the City; 6. Compliance with State law (AB939/AB1820); 7. Guarantee to hauler of fixed revenues which service level; and a comprehensive contract; provides the City a higher 8. Reasonable rates and a consumer sensitive rate setting process. While these features are attractive, the best feature to the City relative to a franchise agreement is control. Solid waste collection in the City of Diamond Bar generates several millions of dollars annually. This number will continue to increase due to additional growth and increases in collection rates. The City of Diamond Bar by granting a franchise for solid waste collection will exercise review and approval control over rates and insure quality service to residents and businesses. The City would become responsible for enforcing customer satisfaction, performance and equipment standards, compliance with recently enacted solid waste reduction and recycling laws, and cooperation from the haulers on items within the agreement. In granting a franchise, the City recoups a fee, if it chooses to assess one, which could be used to administer the recycling and source reduction programs that have been mandated by State law, as well as, public education and information programs regarding the reduction of solid waste. It should be noted. that a franchise fee is usually E calculated as a percentage of the haulers base charge to the customer. It does not take into consideration the surcharges levied, such as tipping fees at the landfill, recycling fees, or bin fees. The following is a partial list of items usually found within an exclusive agreements. Most of these features are not currently enjoyed by the City, as the City has no control over the solid waste haulers which operate within its incorporated boundaries. In fact, an informal survey of five haulers that submitted RFP's (Community Disposal, Duran & Sons, Taormina Industries, Webster's Refuse, and Western Waste Industries), indicates that no hauler would be able to offer the same level of services depicted in their RFP's without an exclusive franchise arrangement. Residents, thus, are -totally reliant upon the haulers "good faith business practices". These features could also be included in non-exclusive competitive agreements. 1. Control over collection time and places to minimize noise congestion problems and to coincide with street sweeping operations; 2. Control over fees charged on residential and commercial pick up through the utilization of agreed upon indices (e.g., CPI); 3. Requiring that recycling revenues be used to offset general rate increases; 4. Generation of a negotiated franchise fee to the City; 5. Hardship discounts for qualified senior citizens or residents of certified low or moderate income; 6. Inclusion of special "free" resident services such as bulky and household hazardous waste pickups. Also, City use of billing addresses for City informational mailers; 7. Rapid resolution of customer complaints; 8. Enhance cooperation, communication and participation between the City and the haulers; 9. Specificity relative to the term of franchise, usually four (4) to seven (7) years; 10. Increase hauler accountability relative to financial disclosure and customer accounts; 11. It encompasses all rights, privileges and obligations of the City and the hauler providing a foundation and ,a clear understanding for solid waste collection public service; and 12. Allows the hauler of good reputation to come into the City of Diamond Bar after they have been prequalified and/or competitively screened against other haulers. Exclusive verses Non-exclusive in Residential Areas: In most Los Angeles County cities and in all Orange County cities, residential collection is limited to an exclusive franchise hauler. The singular hauler system has proven to be the most beneficial to those cities, the hauler and the residents. This system is the most cost effective, lends itself to little confusion, is the easiest to monitor, and usually coincides with a city's street sweeping schedule. Finally, because of the low profit margin in residential pickup, the hauler usually insists on an exclusive franchise. C Exclusive verses Non-exclusive in Commercial Areas: Bin service to the City's commercial accounts can be accommodated by either an exclusive or non-exclusive franchise. Generally speaking, commercial collection and hauling is more profitable and thus there are more built in guarantees for responsive professional service. Haulers cannot afford to lose commercial accounts due to overpricing or poor service. Cities with large commercial industrial basis have left this market open to competition. This is also true with the County of hos Angeles. In cities with nonregional, neighborhood commercial basis only, there is usually awarded an exclusive franchise. In the majority of cases, the same hauler receives both the commercial and residential franchises. Sometimes the hauler cannot offer a lower residential rate, if not guaranteed the more lucrative commercial hauling. Arguments For An Exclusive Commercial Franchise: 1. Higher profits for the hauler; dictates, good service; 2. If same hauler receives both residential and commercial, there is a possibility of a price break on residential collection; 3. The recycling law (AB939) favor fewer companies in a city at one time as each collection truck will be followed by a recycling truck; 4. Less complaints mean less staff time to resolve complaints with the single hauler; 5. Commercial and non-commercial businesses are located in clusters and business centers spread throughout the City; multiple hauler trucks might congest City streets; 6. Such clusters in centers may be more identifiable than continuously adjacent residential streets, thus, there is less confusion in collection; and 7. An exclusive hauler will mean less staff time to assist in resolving complaints. Arauments Aaainst An Exclusive Commercial Franchise: 1. An exclusive hauler may require the City to develop a licensing system of renewal stickers for each truck, safety inspection of vehicles, and staff to patrol commercial areas to detect unlicensed trucks. Such a system would add to City staff or to the sheriffs contract costs; and 2. Businesses usually want a choice believing there is price competition amongst haulers. Open Market: Currently, the solid waste which is collected in the City of Diamond Bar both residentially and commercially is done under a process known as the open market. The open market process allows any hauler the opportunity to pickup solid waste within a particular area, without the governmental agency in the area granting any kind of permit license or franchise. To state it simply, this method of solid waste collection and disposal is completely uncontrolled, except by the amount of control that is superimposed upon the system by market conditions. These market conditions can include rate competition, determination of collection boundaries (actual or implied); and F the number of haulers operating in residential and commercial areas. Of critical importance, governmental regulation is non-existent. If the State legislative framework had not: required regulation, an open market process for the collection and disposal of solid waste could be considered desirable. However, the nature of the current disposal system in the City of Diamond Bar combined with recent changes in State regulation regarding source reduction and recycling requirements makes the continuation of the open market process undesirable. In short, the solid waste policies of the State mandates the regulation of the collection and disposal of solid waste., The City of Diamond Bar is in the position where it has set general standards of performance for solid waste haulers operating within its jurisdiction. To date, the City has not set forth specific requirements nor has it established a regulatory system utilizing permits or licenses. But, it seems clear that the consequences of State mandated policy will result in the City of Diamond Bar being confronted with the reality that it has to establish a system of regulation for the solid waste haulers doing business within its incorporated boundaries. Regardless of the mechanism the City ultimately utilizes to regulate solid waste collection disposal within the City, the days of the open market process in :Diamond Bar seem to be numbered. Discontinuance: State law prohibits a City from changing its method of governing solid waste systems, without giving current haulers five (5) years prior notice. This prior notice period is also called the discontinuance period. Specifically, the Public Resources Code provides that where a local agency has either operated in an open market environment or has issued non-exclusive permits, and a change to an exclusive permit is contemplated, notice must be given five (5) years before the change is made to all permittees that have provided service for at least three (3) years. The City sent notices of discontinuance to all the haulers currently doing business within the incorporated City limits, notifying said haulers the City intended to exclusively franchise the collection and disposal of solid waste effective July, 1995. Since the City Council has suspended consideration of the award of a franchise for ninety days (to November 13, 1990), it would be prudent for the City Council to direct the City Attorney to send new notices of discontinuance, immediately after a final determination as to the franchisee has been made. Contract Method Discussion: In an ever deepening regulatory environment, an open market system for the collection and disposal of solid waste would appear to be unworkable. The City of Diamond Bar is in the position of having to develop a regulatory system for the collection and disposal of solid waste. At the bare minimum, such a regulatory system should be operated within the framework of a permit or licensing system, where the waste hauler must apply for and be granted either a permit or license to do business in the City. When the hauler receives the permit or license, they agree; to conform to the regulatory system that the City has implemented. The regulatory system would be designed in such a way so as to assure that the City complies with its responsibilities, under said State mandates. Such a permit/licensing system could be operated without entering into exclusive 8 or non-exclusive agreements between. the City and haulers. However, the compliance to the City's requirements would be a condition of being granted and retaining a permit or license. Noncompliance with City standards, of a permittee or licensee, would result in the revocation of their license or permit. As a result, that particular hauler would not be able to continue doing business within the City of Diamond Bar. A more workable method of assuring regulatory compliance would be through a series of non-exclusive agreements with several haulers. In the residential areas, the typical method for establishing non-exclusive agreements is to develop residential collection zones wherein a hauler is given exclusive right to collect solid waste. There may be several residential collection zones established or there may just two or three. The number of zones will depend largely upon the historical collection patterns within the City or other topographical or demographic patterns that may have developed over the years. Although the collection of residential solid waste may be non- exclusive and that there is more than one firm collecting solid waste in residential areas, the collection of solid waste within a particular residential collection area is for all intents and purposes exclusive as to a particular hauler in that particular area. In essence, there is no competition during the period a non-exclusive franchisee has an agreement to collect solid waste in a particular residential haul area. In the case of commercial collection, the establishment of specific collection areas may not be practical. Nevertheless, the establishment of non-exclusive agreements for the hauling of commercial solid waste in the City of Diamond Bar may still be workable. The essential point being that the waste haulers wishing to do business in the area of commercial solid waste collection would be required to enter into an agreement with the City of Diamond Bar. They must agree to comply with 'the regulatory structure that the City has established to assure the City's compliance with State law. In the case of both residential and commercial non-exclusive agreements, the City would retain, and in an all likelihood, exercise rate setting authority over the rates charged to residential and commercial customers. Further, the City would be in the position to require a fee to defray the cost for managing the regulatory system and complying with state mandated programs. The best method for the regulation of the solid waste collection and disposal system is through the establishment of an exclusive franchise with a single solid waste hauler. The establishment of an exclusive franchise, with a single hauler, facilitates: 1. the establishment of uniform system of rates, operational standards and service levels; 2. the establishment of a source reduction and recycling program that meets the statutorily mandated State standards; 3. the reduction of residential collection fees; 4. the establishment of a more consumer sensitive rate setting and rate change process; 5. the establishment of a system for general tort liability insurance and indemnification; 6. the establishment of a system for the handling of and following up on complaints by consumers; and 7. the ability for both the City and the hauler to engage in a long range strategic planning based on the ability to more accurately predict revenues and expenditures. 9 Another advantage of an exclusive franchise with a single hauler relates to the cost of implementing Assembly Bill 939. AB939 is certain to be quite expensive in its implementation, as well as, ongoing compliance activities. The preparation of a Source Reduction and Recycling Element (SRRE) and the development of an implementation program will require a great deal of time, effort and money. The legislation requires annual compliance reports which will require additional resources and manpower to compile, document and to prepare. An exclusive franchise arguably assures complete compliance with the requirements of the State legislation, in the areas of source reduction and recycling. Further, an exclusive franchise assures that the required data that is the basis for the reports required under the law will be compiled in a form the City requires and be submitted to the City within the time frames needed. It should be noted that the ultimate responsibility for the compliance with AB939 lies with the local agency. Any penalties resulting from noncompliance will accrue to the local agency. Developing a regulatory structure that will assure that the solid waste haulers will provide the City the information it needs to stay in compliance with State law is the best way for a City to proceed. The best way to accomplish such a goal is to have the local agency, here the City of Diamond Bar, enter into an exclusive franchise with a single hauler. A single hauler will continue to enjoy the exclusivity provided by a franchise agreement as long as it continues to comply with the City's regulatory scheme. Options For Selecting Solid Waste System Haulers: The City has four (4) alternatives available to it for the implementation of a regulatory system for the collection,and disposal of solid waste. The first which could function as either an interim or a permanent regulatory system would be the development of a permit or licensing program for both commercial and residential haulers. The second would be the development of a Request for Proposal (RFP) which asks interested haulers to submit proposals for the provision of solid waste collection and disposal services pursuant to whatever specifications are set forth in the RFP. Third, the development of a formal bid package which in many ways is similar to the RFP process but differs in one significant way, that being the primary evaluation factor is the price to be charged to the customer. A bid proposal package would include very specific specifications as to what would be required of the successful hauler. It is presumed that the hauler in responding to the bid proposal agrees to provide the service and specified for the price that the hauler bids. The essential difference between a RFP process and a bid process is the manner in which the respective proposals are evaluated. A RFP tends to be a more qualitative evaluation process. Whereas, a bid process tends to be a more quantitative evaluation process. The fourth method for the selection of solid waste hauler or haulers is through a negotiated agreement process. The negotiated agreement process can occur as a result of a competitive process or it can occur as a result of a noncompetitive process. This depends upon the desires of the City Council. The negotiated agreement process could result in a quasi -open market system of agreements, non-exclusive agreements or an exclusive agreement. One of the major disadvantages of a negotiated agreement is that it usually comes as a result of a noncompetitive selection process, as regards the hauler or haulers that are selected to enter into negotiated agreements. 10 Request For Proposal (RFP) Process: one of the ways in which a governmental agency awards a contract for solid waste collection and disposal is through the Request for Proposal process. This process dictates that the City develop specifications as to what kind of solid waste collection system it desires. Specifications can be as general or as specific as the local agency prefers. The RFP process is a very thorough process requiring a hauler to complete many pages of critical data and responses revealing its ability to operate successfully in the City. The RFP process takes into consideration the varying needs of citizens and businesses and insures that the selected hauler(s) will provide outstanding service at reasonable rates. RFP packages can be subdivided into technical and/or price proposals. Technical responses are open first and reviewed for sufficiency. only after such time that a hauler technically qualifies, is a company's rate/price response opened. This two tier process thus precludes the evaluators from being seduced into a "low pricing bias." As a result of an open competitive RFP process, the City could select among any number of haulers servicing the Diamond Bar area. The finalist(s) for franchise negotiation would be selected based on the merits and the evaluation of the completed RFPs. This being the case, there is not a realistic way to predict whether a new hauler will provide Diamond Bar customers with more or less satisfaction as the current hauler(s). ,Assuming the new hauler can negotiate fair and equitable labor contracts, is in possession of good equipment and has a good track record in other communities then there is no reason to doubt that a new hauler will also provide a satisfactory level of service to the Diamond Bar community. The Advantages of the RFP Process: 1. Presents the City with the opportunity to shop the solid waste hauler market to determine whether the City can purchase, on behalf of the residents and businesses, a high quality service for less money today; and, over the life of a franchise. 2. Presents the City with an opportunity to review vital information it needs to enter into a franchise for solid waste collection. This information may or may not be available via restricted negotiations with current haulers. 3. Corporate statistics which would become available include financial solvency, tract record of service, work force characteristics in size, and number and nature of capital equipment. 4. Completion of the RFP document would indicate to the City the level of interest, sincerity, and good faith of a prospective hauler. 5. Selection of a hauler would be based on objective criteria including quality of service, financial capabilities, ability to cope with new technology, source reduction and recycling systems, and proposed service rates, all to serve the best interest of Diamond Bar residents. Disadvantages of the RFP Process: 1. Research completed for this report revealed that where cities went to a RFP, the current hauler of record usually received the exclusive franchise as they had extremely accurate data as to their operational costs within those cities. Thus, their respective RFP responses were the most competitive. 2. Haulers can make prearranged bids, that is "low balling" rates to undercut competitors, but be unable to deliver good service. Large 11 corporations have little trouble undercutting smaller competitors. It must be noted here that where a city must give notice of discontinuance, the current hauler may be at a competitive disadvantage to those haulers who are not then collecting solid waste within the community, this is especially true in residential collection. Such a firm can in fact "low ball" the rate to successfully acquire the contract, because that firm knows that it is unlikely they will ever have to assess the bid rate, during the five (5) year discontinuance period. 3. The RFP process is lengthy, costly and,time consuming for haulers, but more especially for the City. 4. Due to. efforts involved cities RFP only every four (4) or five (5) years, if that frequently. The Formal Bid Process: The formal bid process is substantially the same as the RFP process with one important difference. The bid process presumes that the precise nature of the solid waste collection system has been :yet forth in the specifications and that the prospective hauler when submitting a bid proposal agrees to comply with each and every aspect of the bid specification document. Therefore, the essential evaluation criterion for the successful bidder is the price that the hauler agrees to charge for residential and commercial collection and disposal services. However, it should be noted that, as with the case of the RFP, corporate statistics are also critically important criteria for the selection of a hauler. Even under a bid process procedure, such things as financial -solvency, tract record of services, work force characteristics in size, number and nature of capital equipment and other such factors are important in the ultimate selection of a hauler. However, the primary criterion is the rate be charged for the prospective service either residential or commercial. Selection Process Summary: The process by which the City selects a hauler or haulers to collect and dispose of solid waste within its incorporated boundaries can be difficult to effect. The negotiation of an exclusive agreement is likely the most difficult to implement. This is largely because uncompetitive nature of the process in terms of the selection of the hauler that would enjoy the benefits of an exclusive franchise through a negotiated agreement. The easiest process would be the entering into a negotiated agreement with the current haulers, as well as, future haulers doing business within the City. The RFP process, although it is a competitive process, is difficult to ultimately conclude because it tends to be a highly subjective exercise in terms of evaluating the comparative qualifications,, programs and rates of the prospective haulers. The fairest process may, in fact, be the competitive bid process as set forth herein. The competitive bid process forces all haulers to bid on the same specifications. These specification may include, but are, not limited to, level of service, equipment standards, qualifications and financial solvency. Furthermore, a bid process requires haulers to submit their rate for providing those services thereby making the rate an important factor in evaluating the successful bidder. A caveat to this process is that where a discontinuance period is involved there may be a competitive advantage to firms not doing either residential or commercial hauling within the jurisdiction. Those firms realize that there would be little likelihood of their ever assessing the rate that they bid. This situation should be taken into consideration when evaluating bid proposals. 12 STATE LAW IMPACTS: AB939 - Source Reduction and Recvclina: Each day the average American throws out about three and one half pounds of trash. Most of this trash is taken to land fills to be buried. Current land fill sites are filling up fast and new sites are difficult if not impossible to construct. Currently, only ten percent, of trash is recycled and ten percent is transformed. Eighty percent ends up in land fills. Whether the City of Diamond Bar chooses to exclusively franchise or not, source reduction and recycling capabilities of the prospective hauler(s) will be a vital component of the decision making process. The selected hauler(s) must be willing and physically able to accommodate: the City's recycling program requirements, as such requirements will be seat forth in the Source Reduction and Recycling Element (SRRE). The City Council has decided to become a member of the East San Gabriel Valley Integrated Waste Management -Joint Powers Authority, which is comprised of fifteen (15) East San Gabriel Valley cities and the County of Los Angeles. The Joint Powers Authority was established because it was determined that waste characterization and th.e'preparation of a SRRE can best be accomplished by using a regional approach and by taking this approach, a uniform data base could be established which would result in significant cost savings to participating member cities. The Joint Powers Authority has selected a consultant to undertake the preparation and implementation of the SRRE. The firm selected is EMCON Associates. It is anticipated that the draft SRRE will be available to each of the member cities for their respective review by the end of February, 1991. ERRE Preparation Funding: During the discussion of the prospective membership in the East San Gabriel Joint Powers Authority, the City Council discussed various methods by which the SRRE might be funded. One of the methods.suggested was that the hauler or haulers be required to fund the preparation and implementation of the SRRE. At the time the Council decided to participate in the Joint Powers Authority, it also determined that the SRRE would be funded by the waste hauler(s). The exact nature of the cities source reduction and recycling programs will not be known until the SRRE is complete. Nevertheless, selected hauler(s) must be able to implement whatever recycling program the City deems to be most appropriate. Therefore it would be prudent for the City when evaluating the capability of selected hauler(s), that their demonstrated performance in the area of source reduction and recycling be a significant factor in the evaluation of the firm. AB939 is a law which would appear to be unsympathetic to the cities that do not meet their 25% reduction goal, by the year 1995. In addition, as a result of AB939, cities are required to monitor the haulers recycling stream. How City staff chooses to logistically implement and staff this new task will result in a new cost to the city and hauler(s). Multiple franchise haulers would make this a very time consuming task for cities with limited staff and might necessitate the creation of additional positions. In order that the City properly complies with AB939, the City would require certain vital business statistics of the hauler(s) and of recyclers. These statistics heretofore have been confidential information, but once in City possession, become matter of public record. To have more than one hauler/recycler in the 13 City on residential collection would no doubt cause unforeseen friction between haulers and difficulties for City staff. The same could be said for commercial collection as well. Nevertheless, it is abundantly clear that the relationship between the City and the solid waste haulers must be reformed in face of the reality of the requirements and the demands of AB939. It is abundantly clear that AB939 will cost the City significant amounts of money to properly implement and administer. It is expected that serious consideration for defraying the costs of the requirements of AB939 be included as part of the franchise agreement process. Public Education and Information: One of the components of the source reduction and recycling element is the development of the public education and information program. The purpose of this program is to raise the community's consciousness as to the critical nature of the solid waste disposal problem confronting the City of Diamond Bar. The public information/ education component will suggest several methodologies for getting this very important message out to the community. It is anticipated that the public education/information program will include survey research, video tape presentations for use both on cable television and in schools, development of special newsletters and brochures and the preparation of newspaper articles and news releases. The responsibility for providing public education and information will be shared equally amongst the City and the solid waste hauler(s). It is widely recognized that the public education and information aspects of the source reduction and recycling element may be the most critical in insuring the success of the law. The bottom line reality is that the general public must change its attitude on the generation of solid waste, as well as, the way solid waste is disposed. If the public's attitude and behavior is not changed then the predicted debilitating effects of the solid waste disposal crisis will become reality, before the turn of the century. SUMNU RY AND RECOAMENDATION: The State Legislature has given local public entities broad authority to establish a system for solid waste collection and disposal. Collection services may be provided by the City, by another local entity, or by a private hauler (Public Resources Code Section 40058). Collection services may be provided by either exclusive or nonexclusive franchise agreements, contracts, permits or licenses and, may be awarded with or without competitive bidding (Public Resources Code Section 40095). There are no requirements for "Request for Proposals" (RFP), "Request for Qualification;," (RFQ) or "Formal Bids". On February 20, 1990, the City Council of the City of Diamond Bar exercised its statutorial prerogative by introducing Ordinance No. 2-90. The Ordinance was unanimously approved on March 6, 1990. Ordinance No. 2-90 created the authority for the City of Diamond Bar to manage and control all solid waste collection and disposal activities. The City Council exercised its newly created authority when the Council unanimously voted (February 20, 1990) to issue a "Request for Proposal" (RFP) for the exclusive franchise to collect and dispose of solid waste, for the City of ]Diamond Bar. 14 On January 1, 1990, Assembly Bill 939 (AB939) became effective. This State of California legislation mandates the reduction, by twenty-five percent (25%), of the solid waste in an entities waste stream by the year 1995; and, by fifty, percent (50%) by the year 2000. The legislative purpose of AB939 is to extend the life of existing landfills, through source reduction and recycling. Even if the purpose of AB939 is achieved, the stark reality is that alternative disposal sites and/or methods must be put into place within the next five to seven years. Certain disposal methods (mass burn and rail - hauler) would require the City to have absolute control over its entire waste stream, due to the need for volume guarantee contracts. AB939 and its progeny will create a similar requirement that the City have control over the entirety of its waste stream. The reason for this is quite clear. The City is the entity which is held ultimately responsible for compliance with AB939 mandates. The possible sanctions for non-compliance are compelling (up to $10,000.00 per day). The rapidly changing nature of solid waste policy formulation, adoption and implementation would arguably signal a need for as uncomplicated a system for local solid waste collection and disposal, as possible. For most jurisdictions in the San Gabriel valley (and Orange County) the method of choice is the exclusive franchise or a close derivative. The fewer haulers that a jurisdiction must manage the better; from a cost and control perspective. With this summary as a backdrop, the following is recommended: 1) that the City Council approve Option 1 and direct City staff to develop a Solid Waste Collection and Disposal Permit System as generally set forth by this option; and, 2) that the City Council select one of the four alternatives listed in Option 2 and direct staff as necessary. OPTION 1 Pursuant to Government Code Section 66757 (b), the City Council has the authority to establish a permitting system for the collection and disposal of residential, commercial, and industrial wastes. This authority is reflected in Ordinance 2-90, Section 31 of the City of Diamond Bar. The Ordinance authorizes the City Council "to issue permits for the collection and disposal of refuse, trash, rubbish and other forms of solid waste..." Furthermore, in accordance with the Health and Safety Code, the City Council may, by ordinance or resolution, prescribe the terms and conditions of any contract and/or permit for the collection and disposal of solid waste (Section 4250). These terms may regulate the nature, location and extent of the services provided, including, but not limited to, the frequency of collection, the means of collection and transportation, level of services, charges and fees, nature, location, and extent of providing solid waste handling services (Government Code Section 66757). Permit systems for the collection and disposal of solid wastes are not uncommon. Structured like a business licensing system, a permit allows the City to regulate waste haulers by providing uniformed criteria for service standards, collection rates, equipment specifications, and the collection of recyclable materials as part of the regulatory process. Permits have been successfully used in the cities of Bell, Commerce, Cudahy, Downey, and South E1 Monte to regulate the number of haulers and to assist the city in obtaining information for compliance with AB 939. 15 Components of a permit system vary from jurisdiction to jurisdiction. An "ideal" permit system should include, but may not be limited to, the following components: A. Establish limitations on the number of solid waste contractors permitted to operate within the City. Prior to establishing a limit on the number of waste haulers, the City of.South E1 Monte had numerous haulers (15) providing waste collection services to only one or two accounts. These accounts were serviced by the hauler as a means of generating additional revenues on their way to a local landfill. As a result of these unregulated haulers, the City experienced an increase in traffic safety and pollution related problems. To alleviate these problems the City adopted an urgency ordinance which established a limitation on the number of licenses issued to waste haulers operating in the City. B. Establish separate zoning arrangements for residential collection. The County of Orange established permit areas for waste haulers operating in the unincorporated areas to eliminate competition and to avoid duplication of services. Multiple haulers serving the same area pose an increased risk of damage to a city's infrastructure, public safety and the community's quality of life. An advantage of this approach is that if one arrangement results in better service in that area of the City, the threat of expanding better arrangements to other zones is likely to produce better service throughout the City. C. Establish service standards. Service standards are an important component of the permitting system. A permit system must contain provisions for a complete description of the desired service standards, including number and location of accounts to be served, collection frequency, container requirements if any, quantity limitations if any, collection of recyclables, separation of green wastes, AB 939 data compilation and reporting, and equipment specifications. Furthermore, the permit system should specify a standard rate for the collection and disposal for residential and commercial wastes and a procedure for adjusting these rates due to a change in circumstances. D. Establish performance control standards and reporting procedures. The City should require permittees to have a satisfactory procedure for receiving complaints from residents, either directly, or indirectly. The permit system should include a regulatory procedure with penalties for failure to respond promptly to such complaints. Furthermore, the City may require permittees to 16 compile quarterly reports regarding. the number and types of complaints received. E. Establish limitations on liability. The permit system should state the insurance requirements of the waste haulers as well as the City's requirements for a performance bond if applicable. Furthermore, the permit must indemnify, defend and hold harmless the City, its officers, employees and agents, with respect to any loss, liability, injury or damage that arises out of, or is in any way related to, the acts or omissions of the permittee. F. Establish integrated waste management standards (AB 939). The State Legislature has adopted regulations which require both cities and counties to prepare and implement a Source Reduction and Recycling Element (SRRE) that describes how the jurisdiction will reduce the amount of wastes going to landfill by 25% in 1995 and 50 in the year 2000. A successful SRRE will require the cooperation and guidance of private recyclers, haulers and the community. Often these waste haulers possess valuable information which is vital to the completion of a jurisdiction's SRRE. However, some waste haulers view government involvement in their business affairs as interference. As a result, a permit system must clearly state the requirements upon the waste haulers to provide assistance and information to the City in completing its SRRE. Assistance and information should include, but may not be limited to, providing space, manpower and sample loads for waste characterization studies and SRRX data compilation, recycling services, composting, production of quarterly educational materials, and submittal of quarterly reports. as required by the City. G. Permit fees. A permit system should 'have a fee schedule to assist the jurisdiction in funding its State mandated obligations. Such a fee would be an appropriate option because waste haulers engage in business which impacts the responsibility of the City in achieving the mandates of the State statute. Authorization for a fee schedule :is provided in AB 939. Section 41902 states that a "local agency, may directly collect the fees authorized by this chapter or may, by agreement, arrange for the fees to be collected by a solid waste hauler providing solid waste collection for the city or county." The fee should be assessed annually on a flat rate per hauler or a percentage of the gross revenues from accounts within the City. OPTTON 2 The Council should take one of the following actions, in regards to the currently suspended selection process for an exclusive solid waste collection and disposal franchise: RIN 1. Select one of the two companies (Community Disposal Company or Western Waste) the Council was considering, when the selection process was suspended for ninety (90) days (August 14, 1990). 2. Reform the selection process so that the Council considers selecting one of the six companies recommended to the Council for interview by the Solid Waste Proposal Screening Committee. 3. Reform the selection process so that the Council considers selecting one of the nine companies that originally submitted proposals, which the Council interviewed on June 21, 1990. 4. The currently suspended selection process be rescinded immediately. In the alternative, the Council direct City staff to prepare or have prepared a solid waste collection and disposal bid specification package, for the purpose of publicly bidding a franchise or franchises. The bid process is proposed to not occur, until after the Source Reduction and Recycling Element is prepared and adopted, as the exact design and implementation of the City's source reduction and recycling program will result from the SRRE. 1s AGENDA NO. CITY OF DIAMOND BAR AGENDA REPORT DATE: November 9, 1990 MEETING DATE: November 13, 1990 TO: Honorable Mayor and Members of the City Council VIA: Robert L. Van Nort, City Manager FROM: Terrence L. Belanger, Assistant City Manager via Troy L. Butzlaff, Administrative Analyst SUBJECT: SOLID WASTE COLLECTION AND DISPOSAL PERMIT SYSTEM BACKGROUND: In early 1990, the City Council adopted Ordinance No. 2-90 which established the City's policy requirements and standards for garbage and refuse collection. Incorporated within the Ordinance are provisions for the establishment of a solid waste collection and disposal permit system. On November 6, 1990, the City Council directed staff to prepare the implementing legislation and procedures which would establish a permit system for the collection and disposal of solid waste within the City of Diamond Bar. Staff was instructed to bring this matter back for Council consideration at their meeting of November 13, 1990. RECOMMENDATION: It is recommended that the City Council adopt Resolution No. 90 - XX establishing a permit system for the collection and disposal of solid waste. Furthermore, it is recommended that the City Council direct staff to implement the permit system effective December 1, 1990. (Narrative continued on next page if necessary) FISCAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number: Deficit: $ Revenue Source: REV WED BY: --------------------•-- -A W -- Robert Robert L. Van Nort Andrew V. Arczynski Terrence L. Belan City Manager City Attorney Assistant City Manager ORDINANCE NO. 2 (1990) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR REPEALING, IN ITS ENTIRETY, CHAPTER 20.72 OF TITLE 20 OF THE LOS ANGELES COUNTY CODE AS HERETOFORE ADOPTED AND ADOPTING REQUIREMENTS AND STANDARDS RELATING TO GARBAGE AND REFUSE COLLECTION. The City Council of the City of Diamond Bar does hereby ordain as follows: SECTION 1: Chapter 20.72 of Title 20 of the Los Angeles County Code as heretofore adopted by this City Council is hereby repealed, in its entirety, provided that said repeal shall not apply to or excuse any violation thereof occurring prior to the effective date of this Ordinance. SECTION 2: The following provisions are hereby adopted as the Garbage and Refuse Collection Ordinance of the City of Diamond Bar to read, in words and figures, as follows: "Garbage and Refuse Collection "Section 1 Legislative Policy. Section 2 Definitions. Section 3 Authority of City Council to Issue Permits for Disposal and Collection. Section 4 Permits for Refuse Collection and Establishment of Collection Fees. Section 5 Unlawful Collection. Section 6 Permittee to have Exclusive Rights --Exception. Section 7 Collection in Emergencies. Section 8 Hours of Collection. Section 9 Refuse Collection --Spillage. Section 10 Refuse Receptacles. 1 Section 11 Replacement of Receptacles for Collection. Section 12 Time and Date of Placement of Receptacles. Section 13 Refuse Removal. Section 14 Refuse Disposal. Section 15 Special Provisions Regarding Method of Disposal. Section 16 Burning, Burial or Dumping. Section 17 Duration of Storage. Section 18 Use of Trucks. Section 19 No Parking of Refuse Trucks on any City Street. Section 20 Trucks --Equipment Required. Section 21 Specifications and Restrictions on Collection Trucks. Section 22 Truck Inspection. Section 23 Permittee's Local Telephone Number. Section 24 Permittee's Employees. Section 25 Permit for Removal of Refuse -- Prerequisites. Section 26 Permit Provisions. Section 27 Charges for Service. Section 28 Right of Provision Modification. Section 29 Right to Grant Franchise. Section 30 Penalty for Violation of Chapter. Section 31 Civil Remedies Available. Section 32 Severability. "Section 1. Legislative Policy. The City Council finds and determines that storage, accumulation, collection and disposal of refuse, trash, rubbish, solid Ij waste, debris and other discarded material is a matter of great public concern, in that improper control of such matters creates a public nuisance, which may lead to air pollution, fire hazards, illegal dumping, insect breeding and rat infestation and other problems affecting the health, welfare and safety of the WO residents of Diamond Bar and surrounding cities. The City Council further declares that regulations provided in this Ordinance are designed to eliminate or alleviate such problems. "Section 2. Definitions. For the purpose of this Ordinance, the following words and phrases are defined and shall be construed as hereinafter set out, unless it is apparent from the context that a different meaning was intended: "A. 'Animal Waste' means manure, fertilizer, or any form of solid excrement produced by any and all forms of domestic animals or commercial livestock. "B. 'City' means the City of Diamond Bar. "C. 'City Clerk' means the City Clerk of the City of Diamond Bar. "D. 'City Manager' means the City Manager of the City of Diamond Bar or his designee. "E. 'Council' means the City Council of the City of Diamond Bar. 'F. 'Commercial Premises' means buildings, structures and areas used principally for business, commercial or industrial purposes, and including the following: hotels, motels, apartment buildings containing more than four apartments, condominium buildings containing more than 3 four condominiums, and including all other places that are not defined as residential units in this section. "G. 'Composting' means the product resulting from controlled biological decomposition of organic wastes that are source separated from the solid waste stream. "H. 'Composting Center, Station or Facility' means facilities whose principal function is to receive and to process green waste through composting. "I. 'Green Wastes' means vegetative cuttings, shrubs, stumps, brush, tree trimmings, grasses and related materials which have been separated from other solid waste. Green waste does not include stumps with diameters exceeding 10 inches. "J. 'Occupant' means and includes every owner of, and every tenant or person who is in possession of, is the inhabitant of, or has the care and control of, an inhabited residence. "K. 'Permit' means written authority granted by i the City to any person to collect garbage, rubbish and trash as evidenced by contract, franchise, certificate or other writing. "L. 'Permittee' means any refuse collector authorized by the City Council to collect refuse within the City pursuant to this Ordinance. 4 I'M. 'Person' means any individual, firm, corporation, association, or group or combination acting as a unit. "N. 'Recyclable Materials' means aluminum and metal cans, newspapers, paper, glass bottles or jars, plastics and green wastes. "O. 'Recycling' means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw materials for new, reused, or reconstituted products which meet the quality standards :necessary to be used in the marketplace. Recycling does :not include transformation as defined as the incineration, pyrolysis, distillation, gasification, or biological conversion other than composting. "P. 'Recycling Center, Station or Facility' means facilities whose principal function is to receive, store, convert, separate, or transfer recyclable materials for processing. "Q. 'Refuse' means and includes any and all types of rubbish, trash, garbage or other waste material referred to in this ordinance. "R. 'Refuse Collector' means; any person or persons, firm, copartnership, joint venture, association 0 or corporation engaged in the collection, transportation and/or disposal of solid waste and/or rubbish in the City. "S. 'Residential Unit' means each place used for residential purposes, including the following but not restricted to: Single-family dwellings, multifamily dwellings, apartments and/or condominiums containing four units or less, townhouses, mobile home parks, and trailer courts, whether or not utilizing dumpster-type bins, but not including hospitals, convalescent homes, hotels and motels. 'IT. 'Rubbish' means and includes, but is not restricted to, all nonbiodegradable waste, or debris such as paper, cardboard, grass, tree or shrub trimmings, rugs, straw, clothing, wood or wood products, crockery, glass, rubber, metal, plastic, construction waste and debris and other similar materials. "U. 'Rubbish Disposal operator' is synonymous with refuse collector. iI "v. 'Salvage' means and includes rubbish, from which articles or material of value may be extracted, segregated, removed or developed. "W. 'Solid waste' means and includes all putrescible and nonputrescible solid and semisolid wastes, such as refuse, rubbish, paper, ashes but does C not include hazardous waste as defined in California Government Code Section 66714.8 or California Health and Safety Code Section 25517, or any amendment thereto or successor provisions thereof. "X. 'Streets' means the public streets, ways and alleys, except state freeways, as the same now or may hereafter exist within the City. "y. 'Trash' means and includes, but is not restricted to, every accumulation of animal, vegetable or other material: "(1) Resulting from the preparation and consumption of edible foodstuffs; or "(2) Resulting from decay, dealing in or storage of meats, fish, fowl, fruits or vegetables, including the cans, containers or wrappers wasted along with such materials; or 11(3) Such industrial, domestic and organic refuse or residue of animals sold for meat; or 1e(4) Fruit., vegetable and animal matter from kitchens, dining rooms, markets, food establishments or any other place using, dealing in or handling meats, fish, fowl, fruits, vegetables or grains; or 11(5) Offal, animal waste, or the carcasses of animals, fish or fowl; or 7 11(6) Nonrecyclable glass, paper or metal products. "Z. 'Truck' means any truck, trailer, semitrailer, conveyance or vehicle used or intended to be used for the purpose of collecting refuse or to haul or transport refuse. "Section 3. Authority of City Council to Issue Permits for Disposal and Collection. Pursuant to Section 66757 of the California Government Code, as amended from time to time, or any successor provision or provisions thereto, the Council shall have the authority to issue exclusive permits for the collection and disposal of refuse, trash, rubbish and other forms of solid waste, as provided for in this Ordinance, and may, as a condition for issuing such permits, require a bond from the permittee in an amount determined by the City Council to insure the faithful performance of such collection and disposal service in accordance with this Ordinance and the terms and conditions imposed by the Council. In the event that any permittee shall fail or refuse to conform to the conditions of the permit or this Ordinance, the Council, at its option and after a hearing called upon at least ten days' written notice to the permittee, may revoke such permit. In issuing permits for refuse and rubbish collection and disposal, E1 the Council shall not be required. to issue the same based upon the offer of lowest rates, but shall be free to issue such permits to the person deemed best suited to comply with the terms of this Ordinance and such other terms and conditions imposed by the Council. "Section 4. Permits for Refuse Collection and Establishment of Collection Fees. The Council determines that the disposal and/or collection of refuse, trash, rubbish or other solid waste is a service to be performed in the City in accordance with the provisions of this Ordinance. The City may from time to time issue permits to those parties meeting the criteria of this Ordinance and such other standards as may be established by resolution of the City Council regarding the collection of refuse, rubbish and other forms of solid waste from residential and commercial units. So long as any such permit remains in force, collection of material provided for herein may be made only in accordance with the berms and conditions thereof. Fees and charges for such collection, removal and disposal services shall be those which the Council may from time to time hereafter approve by resolution. No person shall engage in the business of collecting, removing or disposing of any refuse, trash, rubbish, green wastes, recyclable materials or other solid waste including 4 hazardous wastes or infectious medical waste, within the City from any residential unit or commercial premises, nor transport the same over any public streets or rights-of-way, unless a permit to do so has first been obtained from the Council and such person complies with the provisions of this Ordinance and any other regulations which have been adopted pursuant to this Ordinance. "Section 5. Unlawful Collection. No person shall collect or transport refuse within the City unless such person is a permittee, as defined in this Ordinance, or is exempt in accordance with subsections A through E of this Section. No person shall permit, allow or enter into any agreement whatsoever for the collection or transportation of refuse from any residential unit or commercial premises with any person who is not a permittee as herein defined except as permitted in subsections A through E of this Section. "A. The collection and removal of grass clippings and shrubbery by individual residents and by individuals doing business as professional landscapers, when the collection is directly related to their work, shall be exempt from the refuse permit system. "B. A permittee shall not be required to collect hazardous or dangerous materials as part of its Niel regular collection activity. Liquid and dry caustics, acids, biohazardous, flammable, explosive materials, insecticides, and similar substances shall not be deposited in collection containers. Any person collecting such substances shall, in addition to any requirements of State law, obtain a permit therefor pursuant to the provisions of this Ordinance. "C. Infectious medical waste (as defined in California Health and Safety Code Section 25117.5, as amended from time to time, or any successor provision or provisions thereto) shall not be collected by a permittee as part of its regular collection activity. Anyone producing such wastes shall store, handle and dispose of such materials only in the manner approved by the county health officer or designated deputy, and in accordance with the California Health and Safety Code. Disposal of infectious medical waste shall be conducted pursuant to a permit issued under this Ordinance in addition to any requ .rements imposed by State law. "D. The collection and removal of recyclable material and/or green wastes shall. not be exempt from the refuse permit system; however, such activities may be the subject of a separate permit at the discretion of the Council. 11 "E. The removal and disposal of refuse from a residential unit by the occupant or owner thereof shall be exempt from the refuse permit system, subject to the provisions of Section 13 of this Ordinance. "Section 6. Permittee to have Exclusive Rights -- Exception. Excepting existing rights that the City reserves to itself, or as otherwise provided in this Ordinance, persons to whom the City may issue a permit and the agents, servants and employees of any such person, while the permit is in effect, shall have the exclusive right to gather, collect and remove garbage, rubbish, waste material, green wastes and/or recyclable materials from premises within the City subject to such terms and conditions as the Council may apply to the issuance of such permit. "Any refuse collector operating within the City, pursuant to any statutory exemption and not otherwise a permittee shall, within ninety (90) days of the effective date of this Ordinance, submit to the City Manager a plan for the provision of recycling services for such refuse collector accounts. Such plan shall be prepared in accordance with all requirements established by the City for ensuring maximum compliance with applicable state laws relating to recycling of solid waste. Upon approval of such recycling plan by the City 12 Manager, the refuse collector shall implement said plan, within thirty (30) days thereafter or such longer time as approved by the City Manager. All refuse collectors, whether permittees or otherwise, shall prepare monthly service collection reports. The report shall include information on the total number of residences served by regular refuse collection, total tonnage of collections, number of residences participating in the recycling program, tonnage of total recyclables, tonnage of each individual recyclable collected, •total operation costs, and revenues derived from the sale=_ of recyclables, and any other pertinent information as required by the City. "All such reports are to be :submitted on a quarterly basis. Unless otherwise notified, all reports shall be mailed or hand delivered to the City Manager, City of Diamond Bar, 21660 E. Copley Drive, Suite 100, Diamond Bar, California 91765. "Section 7. Collection in Emergencies. In emergencies, such asirthe breakdown of equipment, or other unforeseen or unpreventable circumstances, where in the judgment of the City Manager the particular situation justifies such action, the City Manager may issue limited or temporary permits to private persons or corporations to perform any of the services regulated by this Ordinance, subject to such reasonable fees, charges 13 and conditions as the circumstances may warrant and as the parties involved may agree upon; provided that such fees and charges received from or paid to any private persons or corporations under this section for any period exceeding fifteen days' duration shall be approved by the Council. "Section 8. Hours of Collection. All collections from residential areas and areas immediately adjacent to residential areas shall be made between the hours of 6:00 a.m. and 6:00 p.m., collections from commercial and industrial locations may start at 6:00 a.m. provided, however, that the peace and quiet of residential neighborhoods is not disrupted. The City Manager may require a permittee to change hours of operation in commercial and industrial areas if disruption of residential neighborhoods occurs. Collection shall occur on week days only; provided, however, that Saturdays may be utilized for commercial and industrial collections if permitted by the City Manager and for "make-up" work due to holidays. "Section 9. Refuse Collection --Spillage. Permittees shall exercise all reasonable care and diligence in collecting refuse so as to prevent spilling, scattering or dropping of refuse, and shall FUI immediately, at the time of occurrence, clean up any such spillage. "Section 10. Refuse Receptacles. "A. It shall be the duty of every tenant, lessee or occupant of any residence or commercial unit, the keeper of every apartment house and of every other person having refuse, to -provide without expense to the City and at all times, except on collection day, to keep within the building in which any of the same may be situated, sufficient plastic or paper bags specifically designed for the containment of refuse, or watertight metal or plastic receptacles, except as hereinafter provided, which shall have suitable bales or handles and a tight -fitting cover which shall prevent leakage or escape of odors, and which when frilled within four inches of the top shall contain all refuse which would ordinarily accumulate on such premises between collections. The exterior of such receptacles, including covers, sh4.11 be kept clean from accumulated grease or decomposing materials. Except when placed in accordance with Section 11 hereof for collection purposes, refuse receptacles shall. be kept and maintained only in storage locations permitted by the Diamond.Bar Zoning Ordinance, as the same presently 15 exists or as may be amended from time to time, or as specified by use permit or other entitlement for use. - "B. Grass clippings, leaves and other yard work debris, other than branches or tree limbs, may be either deposited in metal or plastic receptacles, or specially designed bags, as above mentioned, or cardboard boxes. If cardboard boxes are used, the cardboard boxes, along with the contents, shall be considered refuse set out for collection and both the cardboard boxes and contents shall be collected. "C. Branches, tree limbs or other similar debris shall be tied with sturdy twine, rope or wire, in bundles not exceeding four feet in length nor eighteen inches in diameter to a maximum of 50 pounds. "D. Newspapers and magazines may be either deposited in metal or plastic receptacles, as above mentioned, or tied with sturdy twine, rope or wire, in bundles not exceeding fifty pounds in weight. "E. Extra or un�7anted cardboard boxes shall be flattened and tied in bundles not exceeding four feet in length nor fifty pounds in weight. "F. Any receptacle designed to be emptied by hand shall have a capacity of not less than fifteen gallons nor more than forty-five gallons, and which shall not exceed fifty pounds in weight when loaded, adequate to 16 contain the amount of garbage and combustible rubbish normally accumulating during the interval between collections thereof. Each such receptacle employed solely for the accumulation of commercial garbage shall have a capacity not in excess of thirty-five gallons. Each such receptacle shall be of durable metal or plastic construction, water tight, the top diameter of the container opening in no case shall be less than the diameter of the container below the top and which receptacle shall be equipped with handles and a tight- fitting metal or plastic cover. The use of oil drums of fifty gallon capacity or more is specifically prohibited. Cardboard containers shall be removed as. refuse. "G. Notwithstanding any other provision of this Section 10 pertaining to types of refuse receptacles or other permissible method of containment of items of refuse to be disposed of, in the event the City of Diamond Bar institut4s a recycling program, green wastes program or an automated refuse program, then all persons shall deposit all refuse in refuse receptacles provided for said purpose by City or the Permittee. Refuse placed for collection, and not in special containers or receptacles as provided by City or the Permittee, shall not be collected. 17 "Section 11. Placement of Receptacles for Collection. It shall be the duty of every person having charge and control of any residential unit or commercial premises to set out or place containers for the collection of refuse, rubbish, miscellaneous debris and combined rubbish and/or other solid waste, as follows: "Any container or receptacle for the purpose of reception and removal of refuse shall be placed at the curb in front of the dwelling, or the alley in the rear of each dwelling; except where alleys, having access to streets at each end, exist in the rear of commercial premises, and from such premises collections shall be made from such alleys, provided that the permittee may designate some other location for the placement of containers and receptacles when such placement will expedite collection, and approved by the City Manager. "Section 12. Time and Date of Placement of Receptacles. I "A. No person shall place, or cause to be placed, any refuse or container or receptacle for refuse, on any public highway or in any place or in any manner other than hereinabove provided, or at any time other than the days established by the City for the collection of such refuse on the particular route involved, earlier than sunset of the day preceding the 18 day designated for collection, and all containers and receptacles shall be removed from the place of collection prior to 1o:oo p.m. of the day the containers and receptacles have been emptied.. "B. Each owner, occupant, tenant or lessee of a residential or commercial unit shall maintain the same in a sanitary condition. If the containers or receptacles should not be emptied and the contents removed on the date and time scheduled by the permittee, they should immediately notify the permittee or the City, and it shall be the duty of the permittee to forthwith arrange for the collection and disposal of the refuse. "C. Refuse, trash, rubbish, salvage and other solid waste which exceeds the limitations hereinabove set out may, in the discretion of the permittee, be scheduled for special collection upon the application of the owner or occupant of the premises. Special collection charges may be assessed by the permittee for this service with prior approval of above-mentioned occupant of the premises and subject to any requirements set forth in the permit. "D. No person, other than the owner thereof, the owner's agents or employees or an officer or employee of the City or a permittee's agents or 19 employees authorized for such purposes, shall tamper or meddle with any refuse container or the contents thereof, or remove the contents of any container, or remove any container from the location where the same shall have been placed,by the owner thereof or owner's agent. "Section 13. Refuse Removal. Pursuant to California Administrative Code Title 14, Chapter 17.331H, all refuse created, produced or accumulated in or about a residential unit or commercial premises in the City shall be removed at least once each week. No person who is the occupant of any of the above-described premises shall fail or neglect to provide for the removal of refuse at least as often as prescribed in this Section. "Section 14. Refuse Disposal. The permittee shall dispose of collected wastes, at permittee's expense, at a City -directed landfill, transfer station or other site in a manner satisfac-Eory to the City and in accordance with all state and local laws and regulations. "Section 15. Special Provisions Regarding Method of Disposal. "A. The removal of wearing apparel, bedding or other refuse from residential units or other places where highly infectious or contagious diseases have been O present shall be performed under the supervision and direction of.the County Health Officer and such refuse shall neither be placed in containers or receptacles nor left for regular collection and disposal. "B. Highly flammable or explosive or radioactive refuse shall not be placed in containers or receptacles for regular collection and disposal, but shall be removed under the supervision of the City at the expense of the owner or possessor of the material. "C. Refuse or other solid waste containing water or other liquids shall be drained before being placed in a container or receptacle. Matter which is subject to decomposition shall be wrapped in paper or other material before being placed in a container or receptacle. "D. No battery acid, poisonous, caustic or toxic material or any other substance capable of damaging clothing or causing injury to the person shall be mixed or placed with any rubbish, solid waste or other refuse which is to be collected, removed or disposed of by a permittee. Such items shall be removed at the occupant's expense only after arrangements have been made with the permittee or City for such removal. 21 "E. Animal waste, as defined in this Ordinance, shall not be placed in containers or receptacles for regular collection and disposal, but shall be removed at the occupant's expense. "F. Upon institution of recycling programs for recyclable materials or green wastes, or both, such materials shall be disposed of through specific recycling or composting processes, as the case may be, as approved by the City Council. "Section 16. Burning, Burial or Dumping. No person shall burn, bury or dump refuse within the City at any time, unless a special permit for such burning, burial or dumping has been issued pursuant to authority conferred by the Council, and/or the Fire Department. "Section 17. Duration of Storage. Pursuant to California Administrative Code Title 14, Chapter 3, Section 17.331H, no person shall store or accumulate any refuse, rubbish or miscellaneous debris in any container or at any location ot�er than as hereinabove set forth, or for any length of time other than as follows: "A. Refuse. Refuse shall not be accumulated or stored for a period of time in excess of: 11(1) Residential units: One week (seven days) ; 22 r "(2) Commercial premises: One week (seven days); "B. Rubbish, other than refuse, shall not be stored or accumulated for a period of time in excess of one week_(seven days); "C. The above periods of time which end in any week in which a holiday occurs are extended one additional day. "Section 18. Use of Trucks. Any persons who desire to operate privately owned refuse, trash or rubbish vehicles under provisions of this Ordinance shall utilize vehicles which are reasonably watertight and are provided with a tight cover to the reasonable satisfaction of the City Manager. The City Manager shall require the permittee to remove from service or repair those vehicles that allow or permit offensive odors to escape and/or refuse to be blown, dropped or spilled therefrom. "Section 19. No, Parking of Refuse Trucks on any City Street. "A. No person, between the hours of 6:00 p.m. and 6:00 a.m., shall leave a refuse truck parked on any city street. 23 "B. No person, between the hours of 6:00 a.m. and 6:00 p.m., shall leave a refuse truck parked on any city street for more than one hour unless the City Manager is notified that a breakdown or emergency exists. "Section 20. Trucks --Equipment Required. Each truck of a permittee shall at all times have in the cab the registration of the truck, a certificate of insurance, and an identification card with the name of whom to telephone in case of an accident or emergency. Each truck shall also be equipped with a five -pound fire extinguisher certified by the California State Fire Marshal and recharged as needed, but not less than once annually. "Section 21. Specifications and Restrictions on Collection Trucks. All trucks used for refuse, rubbish and/or solid waste collection within the City shall be required: "A. To be�6ompletely enclosed with a nonabsorbent cover while transporting refuse, trash or rubbish in or through the City. 'Completely enclosed with a nonabsorbent cover' means that refuse, trash or rubbish shall not be visible from the street, nor shall any of the substances be permitted to leak, spill or become deposited along the public streets; 24 "B. All trucks used in the course of refuse or rubbish collection shall be painted colors approved by the City Manager and identified by truck numerals,.a company logo, and local telephone number. Those trucks shall be kept clean and in good repair at all times. "C. All trucks shall be maintained in good and safe mechanical condition. "Section 22. Truck Inspection. "A. Each of any permittee's trucks shall be made available for inspection at the discretion of the City Manager at any point of operation. "B. A decal may be issued by the City for each truck complying with provisions of this ordinance which shall be placed on the truck in a conspicuous place. "Section 23. Permittee's Local Telephone Number. Each permittee must maintain a local telephone number which shall be staffed for personal contact between 8:00 a.m. and 5:00 p.m. ori normal working days, and at all other times with some type of mechanism for the purpose of taking messages. "Section 24. Permittee's Employees. Each permittee must provide high-quality service by industry standards and supply competent, qualified, identifiable and uniformed personnel who serve the residents of 25 Diamond Bar in a courteous, helpful and impartial manner. "A. The City may, at its option, require fingerprinting of the permittee's employees whose service will cause them to enter onto or work in close proximity to private property. "B. The permittee shall be required to hire employees without regard to race, religion, color, national origin, sex, political affiliation, or any other nonmerit factor. "C. Any employee driving permittee's refuse trucks shall at all times have in his or her possession a valid and appropriate vehicle operator's license issued by the State of California. "D. The permittee's employees shall be required to wear clean, identifiable uniforms when engaged in refuse collection service within the City. "Section 25. Permit for Removal of Refuse— Prerequisites. "A. Procedure and Required Information. A permittee must file a letter with the City Manager or designee containing the following information: "(1) Name and description of the permittee; 26 11(2) Permanent business address and address of local office of the permittee; 11(3) Trade and firm name; 11(4) If a joint venture or a partnership or limited partnership, the names of all partners of the firm, and the names of the officers and their percentage or participation interest and their permanent addresses; 11(5) Facts indicating that the permittee has arranged for refuse disposal :in an area where the same may be legally accepted and disposed of as directed by the City; 11(6) Desired refuse collection area to be served; "(7) Facts indicating that permittee is qualified to render efficient refuse collection service; "(8) Facts indicating that trucks and equipment conform to all applicable provisions of this Ordinance; "(9) 4Satisfactory evidence that permittee has been in existence as a going concern for in excess of five years and possesses not less than five years' actual operating experience as a going concern in residential and/or commercial refuse collection and disposal; 27 "(10) Satisfactory evidence that permittee's experience as a going concern in residential and/or commercial refuse collection and disposal derives from operations of comparable size to that contemplated by the permittee; details shall include length of other contracts, name and size of municipality, nature of service provided, and the name of the contact person at the municipality being served; "(11) Evidence that permittee is in good standing in the State of California and in the case of a corporation organized under the laws of any other state, evidence that permittee is licensed to do business in the State of California; "(12) A detailed inventory of the permittee's equipment available for use in refuse collection area; "(13) A written statement that permittee has complied with or is capable of complying with all regulations imposed by the County of Los Angeles and the State of California for the collection and disposal of solid wastes. "(14) Facts indicating that the applicant owns or has under his control, in good mechanical condition, sufficient equipment to conduct the business of refuse collection adequately if granted 28 a permit, and that applicant owns: or has access to suitable facilities for maintaining his equipment in a clean and sanitary condition. "(15) Satisfactory evidence that the issuance of a permit is in the public interest and convenience in that there is an available market for refuse collection which can be legally served by the applicant. "(16) Such other pertinent facts or information as the City may require, including evidence of State certification, if applicable. "(17) Any of the above provisions in conflict with certification requirements imposed by State law shall not be required. "B. Fees and Requirements for Permit. "(1) Upon consideration of the information contained in the above-mentioned letter and following a public hearing conducted by the City Council upon at least ten days' prior written notice to the applicant, the City Council may issue a permit. "(2) Each permit granted shall apply to refuse collection for an area of the City specified therein or, in the case of hazardous waste, infectious medical waste, recycling or green waste operations, specified premises or areas, and may be exclusive. 29 11(3) A fee for processing permit applications may be set by resolution of the City Council. "C. Bonding of Permittee. Before granting a permit under the provisions of this Ordinance, the Council shall require the permittee as a condition to the permit, to post with the City Clerk a cash bond or surety bond in an amount determined by the Council and furnished by a corporate surety authorized to do business in the State of California, payable to the City of Diamond Bar. The bond shall be conditioned upon the full and faithful performance by the permittee of obligations under the applicable provisions of this Ordinance and shall be kept in full force and effect by the permittee throughout the life of the permit and all renewals thereof. 1'D. Indemnification by Permittee. As a condition of the City issuing a permit, permittee shall I agree to appear and defend all actions against the City arising out of the exercise of such permit, and shall indemnify and save the City, its officers, elected officials, employees and agents free and harmless from all claims, demands, actions or causes of actions of every kind and description, and shall pay any and all related attorneys' fees and court costs resulting 30 directly or indirectly, arising out of, or in any way connected with the exercise of the permit, including, but not by way of limitation, any act or omission of any officer, employee or agent of permittee. "E. Liability Insurance. The permittee shall obtain and keep in force during the term of the permit, public liability and bodily injury insurance in amounts determined by the City Council, and workers'compensation insurance covering all employees of the permittee. Copies of such policies, or certificates evidencing such Policies, shall be filed with the City Clerk prior to the commencement of activities authorized by the permit. The City and its officers, elected officials, employees and agents shall be named as additional insureds on all such policies. All such policies shall contain at a minimum a provision requiring a thirty -day notice to be given to the City prior to cancellation, modification or reduction of limits. The amounts of public liability insurance for bodilyllinjury and property damage shall be subject to review and adjustment by the Council. "F. Compliance with Local and California Laws and Regulations. The permittee must agree to perform the terms of the permit in such a manner so as to comply with all applicable local and state laws and regulations Pertaining to the collection, storage and transportation 31 of solid waste. The permittee shall also comply with all other ordinances and regulations of the City and applicable laws and regulations of the County of Los Angeles and State of California, and shall obtain and keep in force all required permits and business licenses throughout the life of the permit and all renewals thereof. "Section 26. Permit Provisions. "A. Fees. Any permit issued pursuant to this ordinance shall provide for the payment of permit fees to the City, shall contain additional provisions agreed to by and between the City and permittee, and shall constitute a written agreement of said parties. "B. Assignment or Transfer of Permit. No assignment or transfer of a permit pursuant to this ordinance or any right accruing under such permit shall be made in whole or in part by the permittee without the express consent of the Council. In the event any assignment or transfer is authorized by the Council, the assignee shall assume the liability and all other obligations of the permittee. Each permittee shall file, on or before July 1 of each calendar year, with the City Clerk, a statement of ownership and shall verify the same as being true and correct under penalty of perjury under the laws of the State of California. 32 "C. Revocation. A permit may be revoked at the option of the Council in the event there is a change of ownership of any kind or nature of the operating company, unless approval therefor has been obtained in writing from the Council. If it is determined by the City Manager that permittee has not complied with the provisions of this ordinance, the permit, and all other applicable statutes, ordinances, rules and regulations, the City Manager shall notify the permittee in writing of noncompliance and shall order compliance within thirty days. "If noncompliance is not corrected within the above -prescribed thirty -day period, the Council, following a public hearing upon at least ten days' written notice to the permittee, may terminate the permit. "Section 27. Charges for Service. "A. Collection Charge. A charge for the collection of refuse shall be imposed on the owner or occupant of each residential unit or commercial premises to which refuse collection service: is made available. The amount of such charges shall be fixed and changed from time to time and shall be collected at such time and in such manner as prescribed by resolution of the City Council. The charge so fixed shall be a civil debt 33 due and owing to the City or permittee from the owner or occupant of the residential unit or commercial premises to which the collection service is made available. The City Council hereby specifically finds and determines that the periodic collection of refuse and rubbish from all residential units and commercial premises benefits all occupants and residents of the City, provides for the health, safety and welfare of all persons in the City and, therefore, all such occupants or owners are liable for the payment of collection service provided for hereunder, whether or not any such owner or occupant avails himself or herself of such collection service. "B. Rate Adjustments. All revisions in charges levied must be submitted to the City Council for review and action and must be approved by resolution of the City Council following a public hearing upon at least ten days' written notice to the permittee. "Section 28. Right of Provision Modification. The I City specifically retains the right to repeal, amend, add to, or modify each and every provision of this Ordinance. 34 "Section 29. Right to Grant; Franchise. The City, subject to all applicable state laws, specifically retains the right to grant a franchise or franchises for the collection of garbage or refuse from any residential unit or commercial premises. "Section 30. Penalty for Violation of Ordinance. It shall be unlawful for any person, firm, partnership, or corporation to violate any provision or to fail to comply with any of the requirements of this Ordinance. Any person, firm, partnership, or corporation violating any provision of this Ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding one thousand dollars, or by imprisonment not exceeding six months, or by both such fine and imprisonment. Each such person, firm, partnership, or corporation shall be deemed guilty of a separate offense for each and every day or any portion thereof during whichVany violation of any of the provisions of this Ordinance is committed, continued or permitted by such person, firm, partnership or corporation, and shall be deemed punishable therefor as provided in this Ordinance. 35 "Section 31. Civil Remedies Available. The violation of any of the provisions of this Ordinance shall constitute a nuisance and may be abated by the City through civil process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. "Section 32. Severability. The City Council declares that, should any provision, section, paragraph, sentence, or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction, or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences and words of this Ordinance shall remain in full force and effect." SECTION 3: The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance to be posted in three (3) public places within the City of Diamond Bar within i fifteen (15) days after its passage in the manner prescribed by Resolution No. 89-6. ADOPTED AND APPROVED THIS 6th DAY OF March , 1990. ' Mayor 36 I, LYNDA BURGESS, City Clerk: of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the Council of the City of Diamond Bar held on the _90th day of __Fehruary , 1990, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the (5th day of March 1990, by the following vote: AYES: COUNCIL MEMBERS: Forbing, Horcher, Miller and Mayor Pro Tem Werner NOES: COUNCIL MEMBERS: Mayor Papen ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None ATTEST: City Cle k of the Citi of Diamond Bar L\1012\DBREFUSE\DB 5.5 (Disc) 37 EXHIBIT "A " Permit System for the Collection and Disposal of Solid Waste Within the City of Diamond Bar PURPOSE: It is the intent of the City Council to adopt a permit system for the collection and disposal of residential, commercial, and industrial waste pursuant to Government Code Section 66757 (b). Furthermore, the City Council may, by ordinance or resolution, prescribe terms and conditions which regulate the nature, location and extent of the collection services provided, including, but not limited to, the frequency of collection, the means of collection and transportation, levels of service, and charges and fees associated with the provision of solid 'waste collection services. POLICY: SECTION 1.0: Administration. The City Manager or his designee is empowered to adopt regulations consistent with the provisions of Ordinance 2-90. The regulations adopted by the City Manager shall be considered conditions of any Solid Waste Permit issued pursuant to Section 28 of said Ordinance. SECTION 1.1: Permit Required. No person shall provide solid waste handling services or conduct a solid waste enterprise in the City of Diamond Bar without first.obtaining a solid waste permit pursuant to the provisions of Section 4 of Ordinance 2-90. SECTION 1.2: Applications. Applications for solid waste permits shall be submitted in the form prescribed the City Manager and shall be accompanied by the fee specified by resolution. No permit shall be issued unless and until the applicant has provided all information requested by the application. SECTION 1.3: Issuance of Permit. Pursuant to Ordinance 2-90, Section 25, the City Manager shall issue a solid waste permit if: (a) Applicant is a Solid Waste enterprise: (b) Applicant has provided all information required by the application and requested by the City Manager; 1 (c) Applicant agrees, in writing, to comply with all current regulations promulgated by the City Manager, and such additional regulations as may be promulgated in the future, including special conditions to the permittee imposed by the City Manager; (d) Applicant has provided the City Manager with evidence of the insurance and performance deposits required by Section 25 (c) (e) . The City Manager may impose special conditions to the extent deemed necessary or appropriate to insure compliance with the provision of said Ordinance. SECTION 1.4: Time within which action on permit shall be taken. Within thirty (30) days after receipt: of all of the information requested of an applicant, the City Manager shall either grant or deny the permit and immediately shall notify the applicant by certified mail of the action taken. SECTION 1.5: Term and Renewal of Permit. Solid Waste permits issued pursuant to the provisions of Section 4 shall expire on December 1st of the year following the year in which the permit was granted. Solid waste permits may be renewed if the permittee submits an application for renewal on a form prescribed by the City Manager, accompanied by the fee specified by resolution of the City Council at least thirty days prior to expiration of that permit. The City Manager shall renew the permit if, during the term of the then current permit, the permittee complied with the provisions of said Ordinance, the regulations adopted by the City Manager, and any conditions imposed upon the permit. SECTION 1.6: Effective Date. A permit for the collection and disposal of solid waste shall be valid until suspended or revoked pursuant to the provisions of Section 26 (c). The terms of this permit shall become effective December 1, 1990 and remain valid for one year. Upon commencement of the term hereof, any previously existing permits between parties shall. have no further force and effect, except as to any right or obligations which may have accrued to either party under the terms of said previous permits. SECTION 1.7: Limitations on Solid Waste Permits. Solid Waste Permits shall not exceed the number of issued permits that are current on the effective date of this Section. No new applications shall be accepted nor shall any new permits be issued as of the effective date of this Section unless upon the determination of the City Council the particular situation justifies such action. No permit shall be issued to a company which possess a valid permit, if said company fails to renew its permit within six (6) months after the expiration thereof. SECTION 2.0 Insurance. Each permittee shall, prior to the issuance of a permit, provide the City Manager with proof of general public liability insurance coverage against bodily injury and/or property damage arising from the permittee's operations hereunder, with a 2 combined single limit providing protection of at least Five Million Dollars ($5,000,000) for bodily injury or death to any one person, or for any one accident or occurrence and for property damage at least Ten Million Dollars ($10,000,000). Furthermore, a permittee shall obtain and keep in full force and effect during the term of this permit full compensation insurance for all persons who may be employed by the permittee in carrying out work specified in said Ordinance. Such compensation insurance shall be in accordance with the requirements of the State of California. All such policies shall contain language to the effect that (1) the insurer waives the right of subrogation against the City and against the City's agents and representatives, (2) the policies are primary and noncontributing with any insurance that may be carried by the City, and (3) the policy or policies shall contain provisions requiring the City to receive at least thirty days (30) written notice prior to the expiration, cancellation, or any material change in the provisions of any policy or policies of insurance. The insurance policy or policies shall be issued by an insurance company authorized to do business in the State of California. The permittee agrees to furnish the City copies of all such policies promptly upon receipt of them, or certificates evidencing the insurance. SECTION 2.1: Performance Deposit. Permittee shall, prior to the issuance of a permit, provide the City with a performance bond, certificate of deposit, or other form of security acceptable to the City, in the sum of Five Thousand Dollars ($5,000) annually to insure compliance with the duties and obligations imposed by the provisions of Ordinance 2-90 and any special conditions imposed by the City Manager on the solid waste permits. The permittee shall renew the performance deposit and file it with the City at least thirty (30) days prior to the anniversary date of the permit. SECTION 2.2: Indemnification. Each permittee, as a condition of the Solid Waste Permit, shall indemnify, defend and hold harmless the City, its elected officials and officers, employees and agents, with respect to any loss, liability, injury or damage that arises out of, or in any way related to the acts or omissions of the permittee, its employees, officers and agents in the performance of any activity, function or duty authorized by, or required under the terms of, the solid waste permit. SECTION 3.0: Disclosure. Pursuant to Section 6 of said Ordinance, each permittee shall, as a condition to the Solid Waste Permit, provide the City with monthly service collection reports. The information to be provided shall include, without limitation, the following: 1. Reports specifying the monthly tonnage collected and delivered to landfill by category (i.e., residential, commercial, and industrial); 01 2. Reports specifying the total number of accounts served by regular refuse collection, the amount and type of recyclables recovered and disposed, revenues derived from the sale of recyclables, and total operation costs; and 3. Copies of waste studies conducted by, or on behalf of, the permittee with respect to the permittee's operations in the City. SECTION 3.1: Recycling Requirements. Each permittee shall, as a condition to the Solid Waste Permit, comply with the recycling requirements generally set forth in Section 6 of said Ordinance. Each permittee shall provide proof of compliance as specified in the law, ordinance, resolution, policy, plan or program or upon written request from the City Manager. SECTION 3.2: Integrated Waste Management Requirements. The City may from time to time require assistance in the preparation and implementation of the City's Source Reduction and Recycling Element (SRRE). Such assistance may include, but is not limited to, sample waste loads for field analysis by the City or its representatives, data compilation, preparation of educational materials, and other reports as requested by the City Manager. SECTION 4.0: Revocation of Permit. The City Manager may revoke a Solid Waste Permit issued pursuant the provisions set forth in Section 26 (c) for any of the following reasons: (a) Permittee has ceased to comply with the requirements for issuance, maintenance or validity of a Solid Waste Permit; (b) Permittee has failed to comply, with the provisions of said Ordinance; (c) Permittee has violated the rules and/or regulations adopted by the City Manager pursuant to the authority granted by Section 28; and (d) Permittee has failed to comply with the terms and conditions imposed upon, or made a part of, the Solid Waste Permit. In the event that any provision of this permit is violated by the permittee, the City Manager shall serve the permittee with a Notice of Noncompliance to revoke the Solid Waste Permit if noncompliance is not corrected within thirty (30) days. The notice shall state the reasons for the proposed revocation, the right of the permittee to request a hearing before the City Council and the effective date of the revocation if no hearing is requested. The permittee must within 10 calendar days after receiving this notice, submit a request for hearing before the City Council. If a permittee fails to submit a request by the end of that 10 day period, the permit shall be deemed 4 The City Council shall preside over the hearing, or appoint in the alternative a hearing officer. The City Council or appointed hearing officer will conduct the proceedings, receive relevant evidence and make proposed findings and recommendations. The City Council shall render a decision within 10 days frog► the date of the hearing, or submittal of findings and recommendations. The decision of the Citi* Council shall be final. SECTION 4.1: Transfer of Permit. No Solid Waste Permit issued pursuant to the provisions of this Ordinance shall be transferable by assignment, sale, hypothecation, operation of law or otherwise without the expressed written permission of the City Council. SECTION 4.2: Reservation of Rights. Pursuant to Section 29 of Ordinance 2-90, the City of Diamond Bar reserves the right to cancel some or all Solid Waste Permits at such time as the City Council determines to grant an exclusive franchise for the collection and disposal of solid waste. The City also reserves the right to cancel some or all Solid Waste Permits if the City Council determines to expand the City's solid waste collection services. SECTION 4.3: Permit does not Authorize Certain Acts. A permit issued under the provisions of said Ordinance does not authorize any act or acts forbidden by any law, rule, regulation or order of any public agency or department and such fact shall be so stated on the face of all permits issued. SECTION 5.0: Permit Fees. The permit fees required by Section 26 (a) shall be in addition to any license„ permit or fee required by any other Ordinance of the City of Diamond Bar. Fees and charges for collection, removal, and disposal services shall be those which the Council may from time to time hereafter approval by resolution. SECTION 5.1: Permit Fees for Residential Collection. The annual permit fee for the residential waste collection shall be $0.50 per subscriber. Said fee shall be paid monthly. SECTION 5.2: Permit Fees for Commercial Collection. The annual permit fee for commercial waste collection shall be $1.00 per bin. Said fee shall be paid monthly. 5 City of Diamond Bar SOLID WASTE PERM[Ir APPLICATION I/We hereby make application for a permit to operate a Refuse Collection and Disposal business within the City of Diamond Bar, in accordance with the provisions of Ordinance 2-90 of the Diamond Bar Municipal Code, pertaining to the operation of such business. NAME OF APPLICANT COMPANY NAME STREET ADDRESS MAILING ADDRESS Phone ( ) _ CONTACT PERSON Fax ( ) TITLE SERVICE ARRANGEMENTS TYPES OF SERVICES RENDERED AND ACCOUNTS SERVED: ( ) Residential ( ) Commercial ( ) Construction FREQUENCY OF COLLECTION: RESIDENTIAL ( ) Weekly ( ) Semi -Weekly COLLECTION CHARGES: Residential: $ COMMERCIAL CONSTRUCTION ( ) Weekly ( ) Weekly ( ) Semi -Weekly ( ) Semi -Weekly ( ) Monthly ( ) Monthly (Subject to verification) /month for _ a week collection number of times Indicate the number of containers, cartons, bundles, etc., that will be picked up for the above charges: Describe in detail your fee schedule, if applicable, for charges in excess of that shown above, because of special handling (carry -out, frequency, additional containers, remote ]Location, etc.) SOLID WASTE PERMIT APPLICATION FORM PAGE: TWO Commercial: $ cubic yard If charges vary due to size or number of containers (bins) or frequency of collection, indicate below or attach a detailed schedule of rates. If roll -offs or drop-offs are used, a separate schedule shall be attached for these. DESCRIPTION OF VEHICLES (Attach Additional Sheets if Necessary): Year Make LOCATION OF DISPOSAL SITES: Primary: Secondary: Other: Body Type NAME OF SITE License No. STATUS OF INSURANCE COVERAGE (For Coverage Requirements See Section 2.0): Insuring Co. ]Policy No. Expiration Date General Liability Workmen's Compensation Surety/Cash Bond THE STATEMENTS CONTAINED HEREON ARE TRUE AND CORRECT TO THE BEST OF MY/OUR KNOWLEDGE AND I/WE CONSENT TO ALL NECESSARY INSPECTIONS INCIDENT TO THE ISSUANCE OF THIS PERMIT AND THE OPERATION OF THE BUSINESS. (date) (signature) ATTACHMENT A - NEW APPLICANT Complete this form if this is an application for a new business not currently under permit with the City of Diamond Bar, and attach to the Solid Waste Permit Application. Company Name If a joint venture or a partnership or limited partnership, list the names of all partners, or if'a corporation, the names of the officer, and the percentage of participation. List facts showing that the applicant is qualified to render efficient refuse collection service: List any facts that will show that the issuance of a permit is in the public interest and that there is a need for a permit to be issued, in that there is an available market for refuse collection service which can be legally served: Use additional sheets if necessary CERTIFICATE OF OWNERSHIP I/we certify or declare under penalty of perjury that the ownership of Name of Company) is as follows: Signature Signature Date Refuse Collection Certificate of Ownership City of Diamond liar Monthly Refuse Collection and Disposal Survey Form In accordance with the provisions set forth in Ordinance 2-90, the City of Diamond Bar requests that you complete the attached survey as accurately as possible. The information you provide is essential for the proper design and implementation of an integrated waste management strategy. Part of that strategy is a detailed accounting of solid waste materials generated, diverted and disposed within the City. Your responses to this survey will be handled in complete confidence. COMPANY NAME: CONTACT NAME: TELEPHONE NUMBER (Include Area Code) Business• Fax: STREET ADDRESS: CITY: DATE• TITLE: STATE• ZIP CODE: 1. Please indicate below an estimate of the amount of waste your company collects from residential areas or commercial establishments/industries in the City (use additional sheets if necessary): A. RESIDENTIAL Residential Area Frequency (List Street Names) of pick-up 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Day(s) Number of Collected Residential Units Current residential collection rates (Average): $ per month for once a week collection. $ per month for twice a week collection. Effective date of rates: Total tonnage collected per month: Total tonnage disposed of in landfill per month: 1. 2. 3. 4. 5. 6. B. COMMERCIAL Type of account Business/Industry Retail/commercial Industrial Institutional Other Estimated number Weekly tonnage of accounts collected (ton/wk) Commercial rates and collection frequency for a 3 yard or equivalent size bin (Average): $ per month for once a week pickup (1XWK) $ per month for twice a week pickup (2XWK) $ per month for three pickups a week (3XWK) $ per month for four pickups per week (4XWK) $ per month for five pickups per week (5XWK) $ per month for six pickups per week (6XWK) 2. Collection Fleet Description (If Applicable): Vehicle type Rear loader Side loader Front-end loader Tilt frame roll -off Other Other Number of Capacity Average net vehicles per type size range payload (cu yds.) (tons) 3. Does your company engage in arty recycling activities in the City? Yes No. If Yes, please indicate your estimate of the quantities of each of the following materials recycled in tons per month. Materials Glass Aluminum Cans Newsprint Cardboard Office Paper (computer, Appliances (white goods) Other Ferrous Metals Plastics Tires Leaf and Grass Compost Land Clearing Debris Other Wood Waste Other Materials Quantities Per Generator (Residential/Commercial) copier, etc.) 4. With whom do you market these materials? (Please list market by name, address, and material) 5. Are you presently providing recycling services to your customers? Yes No. If yes, for how many customers? What type of service are you providing? 6. Does your company collect yard waste separately? Yes No. If so, where do you take this material? 7. Does your company collect special wastes such as oversized bulky items? Yes _ No. If yes, when and how? 8. What wastes items does your company exclude, if any (e.g., oil, animal wastes, green waste)? Please list: Does your company charge additionally for these items? Yes No. If so, what are the rates per category? Category Rate Ultimate Solid Waste Disposal: Name(s) of disposal facility(s) where you deliver your waste. Supply name of facility; cost you pay for disposal; and the amount of waste delivered to that facility monthly. Name of Facility Cost of Disposal Amount of Waste $/ton - $/cu. yd. Disposed Monthly Thank you very much for your assistance in gathering this information. Please return survey to: CITY OF DIAMOND BAR ATTN: TROY BUTZLAFF 21660 East Copley Drive, Ste. 100 Diamond Bar, CA 91765 416 AGENDA NO. ----------------------=-------------------------------------------------------- ------------------------------------------------------------------------------- CITY OF DIAMOND BAR AGENDA REPORT ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- DATE: November 9, 1990 MEETING DATE: November 13, 1990 TO: Honorable Mayor and Members of the City Council VIA: Robert L. Van Nort, City Manager FROM: James DeStefano, Director of Planni SUBJECT: Joint Study Session on the 1991-1996 Capital Improvement Program BACKGROUND• The City Council has determined that the development of a five (5) year Capital Improvement Program (CIP) is an effective method for planning the allocation of the City's financial and land resources. The CIP is intended to set forth a plan for constructing, repairing, and maintaining the City's infrastructure, parks and buildings. The initial draft of the CIP has been reviewed by the Planning Commission, the Parks and Recreation Commission, and the Traffic and Transportation Commission. Comments and refinements to the initial draft have been incorporated into the document before the Council. DISCUSSION: The purpose of the Joint Study Session is to review the CIP, explain the roles and responsibilities of each Commission and discuss project priorities. Attached to this memorandum is an excerpt from the League of California Cities: Planning Commission Handbook which discusses capital improvement programming and the latest draft CIP for review. March, 1991, is the anticipated completion date for the CIP. This will allow the first year implementation of the CIP to be included in the FY 91-92 budget. FISCAL IMPACT: Amount Requested $ Budgeted Amount $ In Account Number Deficit: $ Revenue Source: Robert L. Van Nort City Manager Narrative continued on next page. Andrew V. Arczynski City Attorney jmtc� / &��( Terrence L. Belang Assistant City Man ger Agenda Item Page Two November 13, 1990 RECOMMENDATION: It is recommended that the Council and Commissions jointly discuss the draft CIP, assign priorities to projects and direct the staff accordingly. \pj s Attachments .0 Capital Improvements. Programming Local jurisdictions use both police and corporate powers to serve their residents. Planners have traditionally relied upon the police powers to protect public health, safety and welfare through zoning and subdivision regulations. The corporate powers of local government, however, also have a major impact on land use issues. Corporate powers are used to develop physical facilities which have long term usefulness. These physical facilities include streets and highways, public buildings, water and sewer lines, and park and recreation facilities. Capital improvements programming is the multiyear planning of public infrastructure improvements. Since local government can seldom pay for these facilities through an annual operating budget, numerous techniques have evolved to finance capital improvements over a longer period. The total in- vestment, therefore, includes not only the cost of purchase or of design and construction, but also the cost of long term financing. Financing techniques include the use of current operating budgets, various types of bonding, special districts, special assessments, state and federal grants, and tax increment financing. The capital improvements program must take a longer view than the annual budget process, and must anticipate when new public facillities will be needed or when existing facilities must be replaced. The capital improvements program is a valuable implementation tool for carrying out the general plan. Because the general plan establishes policies for the direction, intensity, and rate of future growth, the capital improvements program is instrumental in maintaining the local government's control of de- velopment. Government Code Section 65402 requires that acquisition or dis- posal of real property be reviewed by the planning agency for conformity with the general plan. Acquisition includes dedications for street, park or other public purposes as well as construction of public buildings or structures. Disposal includes street vacations or abandonments as well as the sale of public lands. Special districts, school districts, and joint powers agencies must also refer their capital improvements programs to the planning agency of each affected city or county for review of consistency with the applicable general) plan. How these capital improvements projects fit the goals and policies of the general plan will determine to a large extent the success of the planning program. The capital improvements program is also a useful planning tool. The avail- ability of public facilities can serve as a basi§ for approval or denial of devel- opment proposals. In many cases, the costs of public improvements are borne by the private developer and eventually passed through to the home buyer or the commercial/industrial user. In other cases, local government will pay im- provement costs for developments which will provide significant ernployment opportunities, increase sales tax revenues, or further adopted goals and poli- cies. The prioritized list of capital improvements, therefore, must be flexible to respond to development opportunities, yet must be guided by the long term benefits which will accrue to the local jurisdiction and its residents. There are four basic steps in developing a capital improvements program: project identification, prioritization, reconciliation, and adoption. Needed capital improvements should be identified and reliable preliminary cost estimates should be prepared. Once identified, projects should be listed according to need. This listing should include why each project is important and what the consequences will be if it is or is not funded. The next step is to reconcile this prioritized listing into a comprehensive capital improvements program which coordinates improvement scheduling and recognizes the constraints of mun- cipal financing. Finally, the capital improvements program should be formally reviewed and adopted by the local government. 111-E Capital ►mp. Programming 1 CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM DATE: September 28, 1990 TO: City Engineer Jim DeStefano, Planning Director Irwin Kaplan, Interim Planning Director FROM: Robert L. Van Nort, City Manager SUBJECT: Capital Improvement Program (November 13, 1990) ---------------------------------------------------------------- The City Council at their Strategic Planning Workshop scheduled a joint study session for the 1991-96 Capital Improvement Program. All Commissions (Planning, Parks & Recreation, Traffic & Trans- portation) will be included at the study session. The meeting will be held on November 13, 1990 at 6:00 p.m. The purpose will be to review the initial draft of the CIP and explain the roles and responsibilities of each Commission in the process. To that end the Council has asked that the draft document presented be completed as soon as possible without prioritization. You may wish to secure time to add information from the Commission prior to the workshop. The draft document and process explanation are to be delivered to the Council, et al on November 6, 1990. 'Robert L. Van Nort City Manager RLVN:ch I, cc: City Council Commission Departments CITY OF DIAMOND BAR ' CAPITAL IMPROVEMENT PROGRAM WORKSHEET ________-_____________________________________-______________ PAGE 1 OF 3 ------- - - !ITEM!- r 1 ESTIMATED FUNDING __ ' SCHEDULING / ' rr r ' NO !. DESCRIPTION � LOCATION COST SOURCE i OTHER AGENCIESIPRTY!' -` ' 1 STREET IMPROVEMENTS !BREA CANYON RD FROM FOUNTAIN $700,000.00 GENERAL FUND r !SPRINGS RD TO DIAMOND BAR BLVD OR GAS TAX--------------------------------------------------------------------------------------------------------------------------------- - 2 WIDENED BRIDGE TO FOUR LANES 'PATHFINDER BRIDGE AT THE 57 FREEWAY $1,500,000.00 ; PROP. A FUND ' COUNTY IS ; A - r PLUS PARK AND RIDE FACILITY - ,. - - AND ADMINISTRATOR ' 3 i RESURFACE _________________________________ !GOLDEN SPRINGS DR FROM GRAND AVE TO ____________________________________________r $500,000.00 _FAU _FUNDS 1 GENERAL FUND BREA CANYON RD i AND DEVE. FEES, i ii 4 ' RESURFACE :BREA CANYON RD FROM LYCOMING ST TO $100,000.00 ' GENERAL FUND :COLIMA RD i OR GAS TAX ii --------------------------------------------------------------------------------------------------------------------------------- 5 1 RESURFACE lCOLIMA RD FROM GONA CT TO BREA ! $80,000.00 GENERAL FUND 1CANYON RD OR GAS TAX " r. _____________________________________i___________________-_-_____-_________'___________.__._ 6 ' RESURFACE SUNSET CROSSING RD FROM DIAMOND BAR $90,000.00 ______________i____________________r 1 GENERAL FUND ... ' !BLVD TO GOLDEN SPRINGS DR i - i OR GAS TAX ---------------------------------- - 7 1 RESURFACE --------- _------ _________________________________________-______________i____________________j� 'MOUNTAIN LAUREL WY FROM FOX GLEN DR 1 $75,000.001 GENERAL FUND -. !TO DIAMOND BAR BLVD i 1 OR GAS TAX - ! - jKAPLE HILL RD FROM MOUNTAIN LAUREL 1 r -------------------------------------------------------------------------------------------------------------------------------- ! - jWY TO DIAMOND BAR BLVD !. it 8 WIDENING WESTBOUND lCOLIMiA RD FROM BREA CANYON RD TO i $70,000.00 1 GENERAL FUND DEVELOPER MAY 1- - LLI4ON AVE r i CONSTRUCT iii rr ' !____________________________________________________________________________________________'_______________________________i____ 9 1 IMPRMT TO COMPLEMENT MODFIC !SURFACE STREETS IN VICINITY OF 1 NOT KNOWN 1 CITY/CAL-TRANS' CAL -TRANS MAY - -.' 1 OF 57/60 FREEWAY jINTERCHANGE i i , CONSTRUCT ----------------------------------------------------------------------------------------------------------------- 10 MODIFICATIONS OF WESTERN ISUNSET CROSSING RD AT YMCA FACILITY $50,000.00 - GENERAL FUND- _, r ! TERMINUS OF SUNSET CROSSING RD iPOSSIHLE PARK SITE r rr r-_ r 11 � TRAFFIC/CIRCULATION ELEMENT/ - _ CITYWIDE ' NOT KNOWN TRAFFIC CIRC? r i LRCTC- TRAFFIC CONGESTION PLAN { CONSULT r �� 12 -MGMT--- i WIDENING TO FULL WIDTH :BREA CANYON CUTOFF FROM PATHFINDER $250,000.00 ! GENERAL FUND !RD TO 57 FREEWAY 13 ! CONSTRUCTION OF IMPROVEMENTS !BREA CANYON'RD -£ROM COLII4A RD TO i-"- r r rr --- rr ' i___________________________!� !PATHFINDER RD $200,000.00 GENERAL FUND I i 14 ! SLURRY RESEALING r !CITYWIDE -. AREA 1 OF 7 AREA PROGRAM$150,000.00 ! GENERAL FUND i ANNUAL - --------------------------------------------------------------------------------------------------------------------------------- r 15 WIDENING OF WESTBOUND LYCOMING ST FROM GLENWICK AVE TO � $40,000.00 ' GENERAL FUND r C LEMON AVE-------------------------------------- ! ' 16 1 RESURFACE rGRAND AVE FROM 57 FREEWAY TO SAN i $870,000.00 � GENERAL FUND i� - - - __________________________________________________________________________ [BERNARDINO---------- COUNTY LINE ---- ___________________ ' _ __==__=___�__— PAGE_2 OF 3 ______—_______= __=______�____________________ ITEM! _______________________ __ ! ! ESTIMATED _ _________________________ _ ' FUNDING ! SCHEDULING / ! " I 1 NO ! DESCRIPTION i LOCATION i COST SOURCE ! OTHER AGENCIESIPRTYi! , ----! 17 _______________________________!___________________________»_________r ! WIDENING TO FULL WIDTH IBREA CANYON RD FROM COPPER CANYON $50,000.00 GAS TAX !RD TO THE SOUTHERN CITY LIMITS ' --------------------------------------------------------------------------------------------------------------------------------- 18 SIGNAL INSTALLATION AND !PATHFINDER RD BRIDGE WIDENING $150,000.00 ! PROP. A AND COUNTY AND A REALIGNMENT ! - ! I ! FAU FUNDS ! CAL -TRANS --------------------------------------------------------------------------------------------------------------------------------- 19 ! INSTALLATION OF TRAFFIC SIGNAL iKIOWA CREST DR AND DIAMOND BAR BLVD ! $100,000.00 GENERAL FUND FY 90 -91 ! A 11- 20 CONSTRUCTION OF BUS TURNOUTS !CITY WIDE--- -- - -- ! NOT KNOWN- �- PROP. A FUNDS---- �� - AND BUS PADS --------------------------------------------------------------------------------------------------------------------------------- 21 CONSTRUCTION OF CIRCULATION ' QUAIL SUMMIT DR AND ROLLING KNOLL DR ! �BETWN $10,000.00 GENERAL FUND CURRENTLY IN -it BARRIER DIAMOND BAR BLVD AND GRAND AVE ! ' i -LNG PROCESS ----------- ! ' 22 ! RECONFIGURATION OF INTERSECTION GOLDEN SPRINGS RD GRAND AVE - $100,000.00 ------- & -- - ! A ! r 23 ESTABLISHMENT AND DF14ARCATION CITYWIDE. ALONG BREA CANYON RD r $50,000.OD ! ------- S.B. 821 FUNDS1 CURRENTLY IN ! ! OF BICYCLE ROUTES i i ! ! BEING PLAND ! it r_____________________________________________________________________________ _________________ it - 24 ! PARK IMPROVEMENTS !PETERSON PARK ! $260,D00. 00 ! GENERAL .FUND r !--------------------------------------------------------------------------------------------------------------------------------- ! 25 ! REFURBISHMENT OF BICYCLE LANES !DIAMOND BAR BLVD FROM NORTHERN ! $15,000.00 ! S.B. 821 FUNDS! ! 1 i! - r r ! r TO SOUTHERN CITY LIMITS -„ - ! 26 ! INSTALLATION OF TRAFFIC SIGNAL !AT BREA CANYON RD CUTOFF AND THE i $100,000.00 ! CITY/CAL-TRANS! it !SOUTHBOUND EXIT FROM THE 57 FREEWAY 1 i i it- -.. - ! 27 ____ _ _ _ ____ ! CONSTRUCTION OF SOUND WALLS __ _ _ _____________ _ ___ (ALONG THE CONVERGENCE_ OF THE r NOT K14OWN r ! POSSIBLY . Jn=um! !i ! !_____»__________________________ ! --. 157 AND60 FREEWAYS - i-___-_____ CITY / STATE ! i! t_______________________________________________________________ ! 28 ! MEDIAN LANDSCAPING !GRAND AVENUE r $100,000_00 GENERAL FUND !____________________!i D - ! 29 INSTALLATION OF ENTRY SIGNS !ON MAJOR ARTERIAL ROADS AT THE CITY NOT KNOWN ____________________________________rr GENERAL FUND CURRENTLY IN I- ! READING CIG TY OF DIAMOND BAR !LIMITS ! PLN PROCESS i it ! ' 30 ' CONSTRUCTION OF LANDSCAPE !GOLDEN SPRINGS RD FROM GRAND AVE ! "$1,425,600.00 ! GENERAL FUND '-" i ' ! - !! - ( MEDIAN !TO AVENIDA RANCHEROS rr it ! 31 ! CONSTRUCTION OF MEDIANS !PATHFINDER RD FROM BREA CANYON ! $600,000.00 ' GENERAL FUND ' !� ! !CUTOFF TO BREA CANYON RD j - ! 32 ! CORRECT WIDESPREAD DEFICIENCES !CITYWIDE ' $50,000.00 ' GENERAL FUND ANNUAL i- ------------------------------------------------------------------------------------------------------------------------------- { OF SIDEWALKS,CURBS, AND GUTTERS! ! r. - t -- ! 33 1 CONSTRUCTION OF MEDIANS 1COLI14A RD FROM GONA CT TO LEMON AVE 1 $190,000.00 ! GENERAL FUND 1 1 '! ! 34 UNDERGROUND INSTALLATION OF 'ALONG DIAMOND BAR BLVD NORTH OF ! - $200,000.09 ! SCE RULE 20A FY 94 95 It ! ! ELECTRICAL WIRES AND COMPONENTSl60 FREEWAY ! r FUNDS ! ! it --------------------------------------------------------------------------------------------------------------------------------- 35 _____________________________________-__________________________________ ! CITY PARKWAY TREE TRIMMING lCITYWIDE , $165,000.00 1 GENERAL FUND 1 ANNUAL r it TOBE DEV.----------------------------------------------------------------------------------------------------------------- 41 I REPLACEMENT OF OBSOLETE AND/OR DAMAGED PLAYGROUND EQMT jHERITAGE AND SYCAMORE PARKS I ! $45,000.00 PEPSI GRANT ! GENERAL FUND PAGE 3 OF 3. -------- - ---- _____ --- !ITEM! - I _ ESTIMATED i ESTIMATED _ -- I FUNDING I - SCHEDULING / I " NO 1 DESCRIPTIONLOCATION i I COST I SOURCE I OTHER AGENCIESIPRTY!! ____ i 36 I _______ _______________________I______________________________ DEVELOPMENT AND DEPLOYMENT OF ______ � I'CITYWIDE ____________i � $17,301,000.00 __________ __ ' � GENERAL FUND I -------------- ' i WATER RECLAMATION SYSTEM I - - - AND MWDSC i 37 I UPGRADING OF EXISTING SEWER (CITYWIDE I NOT KNOWN COUNTY & CITY! CO. CURRENTLY A LANDSCAPE FRONTAGE RD AND PUMP STATIONS ' - - i ! I DESIGNG SEWER--------------------------------------------------------------------------------------------------------------------------------- 38 I CITY HALL / COMMUNITY CENTER 'NOT KNOWN NOT KNOWN I GENERAL FUND ' NEEDS LOCATION! � i i ! ! & CONCEPT ' - !! 39 I DEVELOP THE SITES OF LARKSTONE jLARKSTONE AND PANTERA PARKS NOT KNOWN GENERAL FUND I LARKSTONE CNFGI I LLAD #38 AND PANTERA PARKS - 94 ' ' NEEDS FINAL I II _ E I 46 PANTRA RESTD 40; CONVERSION OF PARK. SIGNAGE (CITYWIDE I NOT KNOWN I GENERAL FUND I ------------ CONCEPT NEEDS iI TOBE DEV.----------------------------------------------------------------------------------------------------------------- 41 I REPLACEMENT OF OBSOLETE AND/OR DAMAGED PLAYGROUND EQMT jHERITAGE AND SYCAMORE PARKS I ! $45,000.00 PEPSI GRANT ! GENERAL FUND NOT KNOWN ____________________________________________________________.__________________________________________________________________I� 42 I INSTALL PLAYGROUND EQUIPMENT IAT SOFTWIND AND SUMIMITR2DGE I $30,000.00 I LLAD #39 I FY 91 - 92 'I AND TOT LOT ;(MINI PARR) _________________________________________________________________________________________________________________________________i! 43 I REPLACE WOODEN PLAY EQUIPMENT IAT SOFTWIND AND SUMMITRIDGE - $20,000..00 LLAD #39 I FY 91 - 92 i ;(MINI---- 44 LANDSCAPE FRONTAGE RD AND ----- !TIN DR AT BRIDLE / GOLDRUSH AT D.B $75,000.00 I LLAD #38 - FY 92 -93 MEDIANS AT VARIOUS LOCATIONS 'GOLDEN SPRGS @ RANCHERIA / PLATINA / I -NA 45 I LANDSCAPE PARKWAY ----- ION TEMPLE BETWEEN GOLDEN SPRINGSi $60,000.00 LLAD #38 I FY 93 - 94 (AND DIAMOND BAR BLVD ! _ I 46 ' RENNOVATION OF HERTIAGE PARK ;HERITAGE PARK i $200,000.00 I ROBERTI-Z'BERGI FY 93 94 BUILDINGi GENERAL_ FUND _____________________________________ 47 !AD __ ________________________________'__________. FUND FY 91 92 ; ' ! FIELD AT LORBEER JR. HIGH I i ----------------------------------------------------- i _ i H ___.______________________________________________________ 48 ; ATHLETIC FIELD LIGHTING AT ILORBEER JR. HIGH i $180,000.00 ; GENERAL FUND ; FY 91 - 92 ' LORBEER JR. HIGH ' CITY OF DIAMOND 1 Capital Improvements, Projects 1990, 1994 Street Improvements o Project: Construct improvements, on Brea Canyon Road from Fountain Springs Road to. Diamond Bar Boulevard, Estimated cost: ` 700 041:4,10 Scheduling: TBA. Location: ! LN _-71 z O Irk. / v B�^�o9y9T?o p / ��� Ps����o G����•`��oQ��\oa `1 "Nc- 2 l�,yN\\po �PGo w PASCO /a/ O(Oo� p@ p/ o C7 �Q��`'� , ,.0.� �'; 0 -F(`' _Q,y��O !U f�N� 11z: ,�O a °�ll 3 00 'Ligq oo Rp Zl ! �•-��0 7`� O,o `G. ly.i ' of ,'; J Co `3 m Apo RIDGE CITY OF DIAMOND BAR Capital Improvements Projects 1990 1994 S } j Street Improvements, Project: Pathfinder Road bridge at the 57 freeway will be widened to four lanes. �,°k'possible joint:-City-CaltTrans 'venture 4in conjunction with proposed Park-and'Ride facility'. 4h u Estimated cost h SDv� vvO.Od Scheduling: TBA. Location: COUNiRa—� ➢� y 2 z ;2, 7F-:4 m Mg.3 CITY OF DIQND BAR Capital'Improvements AMprovements Projects ' 1990 1994 Street Improvements Project Resurface' Golden' Springs Road' from, Grand ' Avenue to Brea Canyon Road. Estimated cost: s70o d Oa.. cr Scheduling: TBA. Location: (20900 IAMPTON DF; CITY OF DIAMOND BAIL Capitan Improvements Projects. 1990-.1994`'` Street Improvements Project: Resurface Brea Canyon Road from Lycoming, Street ,to' Colima Road. Estimated cost: 4 100 004 1 D!J Scheduling :TBA. Location: L jJ WASHI,V i \.� /• GJ�� ��� C.Q.! w= C71Gi 21GC0a4�1`.::�C�7= cRc i •�.,1q� m �r 3' 01 Z' FC —f LYCOMING 20600. 20700-, ST 120SuG m �W FR Yea W��• G !s IGAT�315 KI c m ST' ,• RR ) KE Si a OVLa�� IS � ;�100NtA o v0 ,C� . n o m !ti9 N�i9y'\ f;0 pp � y4`y`" �O ..•, � CSO. p,�c�Cc � `` �, ,-. 1> -7L G ; �Q�• J� ! oR C` i,• c� OR 15�cf' c+ 42GG�i Oa P \y� .sy. t•: '? ;CjpCc,= C�� pG E �x. .aO���. `��! QO�R��O.9L a�=rF CaP yoti !m<L. * ��- g�UFF ' cc S '��i,cnP� ' °.9 phi • c.G�%/ < ' Na,67 CITY OF DIAMOND BAR - Capital Improvements Projects .1990.-1.994 Street Improvements, Project: Resurface Colima,Road from Gona,Court to Brea Canyon, C�o Road' Estimated cost: Scheduling: TBA. Location: )70r,:,' ST 120900 NORTHAMPTON ST S'T Z 0 (G:�% J GLENBI M r. -top CIB RIVEFt L LU 2 9E L PINI E Capital Improvements,Pr9jects. 1 Street Improvements Projeqt:, Resurface, Sunset Crossing :,,Road. from Diamond Bar.-. Boulevard to Golden Springs 'Drive. Estimated cost Coe So Scheduling: TBA. Location: c,c U4 '0 SAPPOB' CYN PC, V R. 04EQUA OTI rG 2, 0- CHOLAME GR ORT `00 jURA ROCK q, Z�1. 60' IDN PETERSON COU.,Yry REC AREA ROC ORT `00 jURA ROCK q, Z�1. 60' PARK j 0 •�31 & jr DL E M > C) Z 0 c? 40 s-�-�e`�, No, -7 CITE' OF DIAMOND DAR Capital Improvements Projects! 19'90-1994 1. Street Improvements Project ° " Resurf ace Mountain Laurel Way from Fox `Glen Driyo to, , Diamond Bar Boulevard, and Maple Hill Road from Mountain Laurel Way to Diamond Bar Boulevard. Estimated cost: 7E. 00P. DO Scheduling: TBA. Location: O qy 0 4 LIS �C . TOWN CavTZR Syao PO VTeF�N� qV � CCS"J,p�OQ c 9E. •Paul �3>�. } ST AARX t�.GROw:aa' M� P ty. m r k T4 -em Na. IT'- ITT F DIAMOND BAR Capital -Improvements Projects 1990.1994 1 2 !Street Improvements Project: Widening Westbound, Colima Road, from Brea ,.Canyon V Road to Lemon'Avenue. Estimated cast. Scheduling: , TBA. Location: CONT 0J Q 20990 LA HS WASHINGTON6�n 21000 - DR' a 0R CT .81 V) C A Q Z 7 �z LYCOMING 700>4, ST � 12000 LORV 20GOO 2() 0 NORTHAMPTON ST 5 fk\NY g UJ as c KLA Z8T >0 OR V. EI > al 5:� � - 5'T % AJE U � 5 cv T ST 0 NOON> mG, r q 4, OQ 'pUNTGATE -01 V� %GACV LT ):4 A C -T GLEMERN 'T CITY OF DIAMOND B CapiialImprovements Projects 1990-1994 .. ` Street Improvements_ Project,:,Improvements to, complement modification of 57160 freeway interchange: Estimated cost: TBA. Scheduling: Contingent upon planning for interchange works:'` ` Location: On surface streets in vicinity of interchange. No mA�o y pro v)011 + E t' . v CITY OF DIAMOND BAR Capital Improvements Projects 1990-1994 Street Improvements Project: Modification of western terminus of Sunset Crossing Road including possible extension into City of Industry. Estimated cost: SOS 40D . OD Scheduling: TBA. Location: 1, TEA011 nod, I I CITY OF DIAMOND BAR Capital Improvements Projects J ,990-1994 Street Improvements Project: improvements as specified in the adopted Traffic Circulation Element/ Traffic. Congestion .Management Plan, Estimated cost: TBA. Scheduling: Contingent upon adoption of TCEI TCM and general plan. 7PF awgirol oF e-o"4m4 4P o +rPA;e 1 prvopra 4io" oP q -rm AAe cteee, I a ""A" '41 5 se A &44-1W 4 440 F71 -s+ e7evmpe' / nl--O S 1.4 Deew Location: Citywide. No Mqp pko tiio&d. ei" Not CITY OF DIAMOND BAR Capital Improvements Projects 1990-1994 Street Improvements Project: Widening to full, width of Brea Canyon Cutoff from, Pathfinder Load to the 57 freeway. Estimated cost: ZrSO/ OX,ed Scheduling: TBA. Location : rp F CR TYPo�y rz q S� Cjo j tw }r� ST (N Teti J c c_ C(/F S/ .,LEAP Cq `�D U F 4 GT FS 9se NYOI�°! w BOV� cr k�� a (ry CF 7 5. Cr,r S E ONS PL o9 J e c� a Qq` R �� RIA4 Q � HLFWAGEtu P11 RIK f• } P Sc�' ?!� M o 3 00 e9�a9 �90� ��� y9 A� ro PASCO \��O ' II Ir/0 o CT O�o l�g\ GADO lj po C p ER P� 3200 3 o .20900 y� b yeti AMB sty No. 13 t CITY 0FDI._MQM Uaa Capital Improvements Projects..1990 1994 Street Improvements Project: Construction of improvements_ -,on Brea, Canyon Road from Colima Road to Pathfinder Road. '.? Estimated cost: aaa, 000.00 Scheduling: TBA. Location: LAKE 57 0 �Go✓A S > A &� • Y >` oR GT�G a OR f' '74, t m ,Lpi�O A o�7 ,1iiw LEW V5= WOLD ; DAVN Qe•P me tiF\S�a 0�• �G' i j�it Jc;- ir1PPaPRITG .�,n0 �GLE�iBEl(OR m .�SQ •J V? tiF m �Q��Q C (H GFF RL ca fl r 2 T9 c f �f i '(9AJc C,�R3 0 GSS Z `t F c o �4Axsr O 10' O vY ¢) Oye • } o r*p•kG v Q CR Z 7G q0G 4 -$•` c aZs, SRO V �2 "O,e-" C� �a o. � t H,! SH�PNEaO NR 1 YPES o C ? ZOSjO TCI O� ,C �aVNNING` r�1 "AI EVEV R GTLL •e ` a • N •,...� a 9ct.�;y PINE Oq SUhtMER70WN 57 ` `° y'Zq Y n m . r moo. � ��\i•-. o 0 20500 s aasr•y DR PARK •r Q LAXE Qv�. yGANYONIJ � Q MISSIONAKYs,�% o AU80 p�yF/aAc�Ca _ IISSION Y "' RID cT ii0-t 0�0 giaC Ro c FiD �PA7NfirAjP `+Qv xrACA • „`•. PARK":�, Hirthrnt t�.•rov •^ No. I - CITY OF DIAMOND BAR Capital Improvements Projects 1990-1994 Street Improvements Project: Slurry resealing on city streets: , Estimated cost: l Shy OaDY 19n�a a F 7: l�rwa2, Scheduling: Seven-year plan, with city divided into seven phase areas. One phase will be administered per year Location: Citywide. RP m4P providPl �TFM No f� s . CITY OF DIA iOND BA$ Capital Improvements Pro jecLs 1'990-19 Street Improvements Project: Widening .of the westbound ,portion of Lycoming Street . from Glenwick Avenue and Lemon Avenue: Estimated cost: W Of poo, 00+ S'cheduiing. TBA. .� i :. .. i.e. •�. y;. k Location: / s�0 CURIERR_POJ yL CONT P� - 20500 / 9C )� N5 w JPO �cy C / • JQQ\� �9�5 '� WASHINGTO�t SCS C p m 21000'IRAIII'ap06F]w 'DR FCTJ c y a 3 3two . C �: J .ma=y •�' >�.SUNY1,00D opt YCOMING a Q a.TQ Br��, T 2090 i o 6G0 0700Q N RTNAMPTON ST OFY4Np OR w ¢ dr ?�s FR\NY KED; CILAKC ST a A, ST \ MGO NO 40 7- > OR ' r OvPE m DA 1 FGi,r GLEy n TL . SE eco `¢or 2016 9� O ^ •1,:1r LL•5� DA r�0 O �'a ".c \ �Pt�1ETTt og4;ya�• t oma' ° F9 G4�N z �i ��s i' cT N 9�A O,p QQ` E� aalNco o o J � GLEHMOK- OR z No. !6 OF DIAMOND BAR Capital Improvements Projects 1990-1994 Street Improvements Project: Resurface . Grand Avenue from 57 freeway . to San' Bernardino County line. Estimated cosi: 970 000, 00 Scheduling: TBA. ; y Location: j�y��,` oaV, go TCR/ R • � Q.= 0'6 � "•ue��e �GP" rr�.DIAMON06A¢�r4� ,; _ h` �•�FNo T'A Dfl v SU: 1 Na, t7 CITY OF DIAMOND BAA Capital Improvements Projects I' ' ' 994 Street Improvements " Project: Widening of Brea Canyon Road from Copper Canyon Road to the southern city limits. Estimated cost: SDS D©�J. pp Scheduling: T. F. A. 1. Location ,fir/.�' '0 !C•Y3 i?/p �� ✓ �` Ic RD RIDGE o 01 l y -'PEAK Cod CITY OF DIAMOND BAR Capital Improvements,Projects ' 19,90-1994 Traffic Control j g : ; ,..:. er Road Project: Si nal installation and reals nment for,,Pathfinder , bridge' widening. Estimated cost: 150 040.040 Scheduling: TBA. Location: �•�y o v f �kY c �`LSS C`F � c Q a LggK y'! S"z %AERO'N ` l > �051O SUMMER OWN S k 0 20500 S. -in SN/NE/•t DR PAf1K �JV h RO Q �' MISSION AISSIONARY 9� q RIC MMO • �.• iUJIG/� nil �• ��D ;PARK;: o... :�• Nr.' nGH t( Z ct >. Q l A �l ^a Vti G`Q SIA PL ( ZT45M Na. 19 , CITY OF DIAMOND BAR Capital Improvements Pro jects199.0-,1, 994, Traffic Control Project:. Installation". of traffic, signal at,_Kiowa Crest Drive and,•.. Diamond Bar Boulevard. Estimated cost: $ 100,000. Scheduling: Set for completion in the fall of 1990. is ,beM5 aalmjnu 4wll J� 4 a Los Pep aP- Pvd Ire G�G 4-s who - hao- 4e sc_hQllale. Location 0 LAI CE�LLOCH C © CO, . Q •z t� Q: hfAPLF.-Tip �. liL2! - DR ...RK: M HILL'THORN GIH n m§F CRn(LAL 0MURN'14Y "'C Ltulo c- IN G� Cr M `l LAI RE PI"f J 6 a � �. W44 C'2 5• `S ' SqN .Z. GP'. J �6 �L n 'y 'yr' � „ r Q.`�•�4 O.. C, RpX... I+,�,'` Tq0 0 O �G vp q C� 0 7G �O°'yy: _ C mei TG 0 0'� SP��cLo 3 zm co•'P ldoo S o Q BRUSH QIAjC Gq .'�� XYi� Dg waP QP` LN ??�GQ` ao� "'PA 2 CN oP �' • , � 2 �P � � O .a9 ;,''' , • per'' SP1 ti o� �` :• �' c � w C,OR a 1• SAO N�• 'r Xaro�iv � •.ti4�� , ,' O ''i,. .. ,,e/,/41•,\ •,•<<,,tRFi�I.oJ,Z.AQ_'�` i ;EQUESTRr.7 ;�. r- -r ,4e,)Ti Np.,W CITY OF DI MOND BAR Capital Improvements Projects 1990-1994 Traffic Control Project: Construction of bus turnouts along regularly traveled bus routes. Con s4.s-&c4zm cyA e-P.",ctv4P &s paw, Estimated cost: TBA. Scheduling: TBA. Location: Citywide. No, molq- P"VIAOI CITY OF DIAMOND B$ Capital Improvements Projects 1990' 1994 i. Traffic Control Project: Construction of circulation barrier to deter traffic using Quaff Summit Drive' and Rolling Knoll Drive as an alternateaccess ' between Diamond Bar Boulevard and Grand Avenue. Estimated cost:' /O� OOD, G►L1 k Scheduling: Currently in planning.'-. Location CENTER On CITY OF DIAMOND BAR., s Capital Improvements Projects 1`990 1994, .a k Traffic"Control Project: Reconfiguration of the intersection of Golden Springs Drive"'ar d'Gra-rid'Avenue. #.. : Estimated cost: LODE DDD OD Location C \ DA5ESa5 C s. �.•'a�O _ •• 4Z' .V 472. e t PLGG�i� �' CEt1S�f� c� DR <LMAR (�� a /z�Pas FS 4 1 ., n� G`( ����� _ r >i.> 1.+-r l� t'p . ria .►� - , -T+ehl , NO, 1 -?3 . Project:,, Establishment, anti.,demarcation of fbicycle routes'.,on,Brea Canyon Road. A Y h a1' r i• ..i �� Estimated cost: f sr 004.0 .. ., Scheduling: Currently in planning—, Location: Citywide along Brea Canyon Road. Per haps M jpj ' No nap po1114/ d , ' '1".z k" J No. Qq' CITY OF DIAMOND BAR Capital Improvements Projects 1990=1994 Parks' ,k and Recreation ' '' i ' Project: , ;11..pare�p,Ay . Estimated cost: ©X . p0 Scheduling: TBA. Location: Ct Vim• ;i ? /y!G •�. 4p` S aim � rte' 1� K t,r c \ • - �". �y q. �APU !' .CI p aPCU DO r Oq 1pR� `Q i0 FSXlN r iNfFR. Q•j�-- A r` _ P 1 .�•-Z .•a -ft .Wj QO �` 6� VAN .: / N j' ,Ir • -frfesoGA LE A ON u O :;Couvrr AtG �� CT LO w Q EA RO GA PL L60 24200 OQ (+ q " Q D 'Ld 4�'P•l O a fZ i a�y'S TP�� 4`�ES Y:' r r Qom. DEL 'mac 50L L A : y o? .?a in CT 1 p o �� Q� o a ep 4�tso� Qb,Op �o x ' Z o I F y,u4� IOps CX TO e CT Cr SPRINGS CR ps PL yap nEEP Y . ART pPrG °i p y DR v ¢ '! YY __AYW 0P°vt*`��rat� Q CITE OF DIAMOND BAR Capital Improvements Projects 1990.-1994 Traffic Contrvl1 h k r y Project: Refurbishment .of bicycle ` `lanes ` on Diamond Bar Boulevard Y E 2 f Estimated cosi. `'' ISf400V dD Scheduling: - TBA. Location: From northern to southern city limits on Diamond Bar, Boulevard. No mai PrOVIO&' f CITY OF DIAMOND'BARY, t s Capital Improvements Projects .,1990-1994 ` Traffic Control t Projeci. s' Installation of •a traffic signal at Brea ,CanyoCutoff andl,',;, the southbound exit from the 57 freeway. Esiimated cost: `°�' ' `, 100 Od4.00 Scheduling: TBA. Location: cr .. o} W RIarE 2 �ti O i� 57 C U .i l• T O� a I'VE IY�W ,� �•� "i�jCJ x!� 4 �.j ., /7��� �'� LJ � .ti V Y `nom y/ot \ycq SJ, c�� s� r 2b40 i O. Q��O • :�/j� HERI AGA' z p?Ml/dn r.CTOIePAU �\TRS G f�O:OY`G�, �PN��� .B -1` OA 09 cr s�ti e / N G PASCO9�fao� q- 014 o CT a��rvv OJT CJ �� y<Po /O,Z,1/0 i,.'� fl v ro\ j 0 0 /C O gyp; �IL no • :. � / pl p � o ti �� sqN 3200o j Pik 9 o gcQ�RIDGE g Po o [x aRe �; USHfRc ' •c r d, 7 � .4"18C �1G1 -N'PF T y MY OF DIAMOND BAR , ° .... Capital Improvements'Pro ject:s 1990-1994 Landscaping and I 1"I;igi�ol� � s �' Project: Construction. of sound walls along the convergence of the 57 and 60 freeways; possibly a joint City-CalTrans project. Estimated cost: TBA. Scheduling: TBA. Location: Aa ur 'i I j;V��t 1 ��.• n no 'vt DIAMOND: GOLf COUI Mir -V WASINNGrON O m 4 ]ICUO• P�nILt!0? rIe4E / s�' i ..04'ga KDR Cly I �G,��J�tj•i j., •.�� �I, SUISMUO fRW ` I 1 \i n I ,UAP 4•� q �A;JOF lllAPl e n i < • C\ Plrj/ R_ OT T+ -em No. P d'' - CITY OF DIAMOND BAA ' Capital Improvements Projects 1990.,1994 ,' Landscaping and Irrigation $ r Project' ' Completion" of median construction on Grand `Avenue Estimated cost 100 DDG. DD Scheduling: TBA. 'C Location: r. `y• ` ` 1! FTc co J � yyAr P1�4� a 1� !G :CANYON �. m STEEP C'r� � �Lo�C�lRr .�0 PK�� P d9 :PARK '`...._: it r r h :r a 9 RIO LOBOS RD i�21 1BROKEE4C?tr< S ^ A (/ ��i TRU z c C a ..• " �Eed 2 O\IIET C E5[ C �•�' Cm �\ a4ORO cl�sr �yC`Y �k �'FF G,�'r' Zt'• .� r 9rt � a J IVeR a 4� � cy9 !� o c EAc_EK �ry 2i s R;vO EN �� JP e� O Mot IUM N pF �o Y91 aPcn l� ��. Q o- 420G a wra C, cl 61a FS'� dq► f `� a 4 Ct' Q 2ppD{(GO� c zc vl 0 ST UB D'MIA1111 I -R a(�'' IVES .La ai S' - c . EST - 2• • C q Cn .+, g a o��il F9T ►' I PO p pt O SU,.ih1/T 0� t o ro O Awl'�!lMONTEFI�'� S�COG �BER.L, NC/GG rb- 0 R/DGc ,r� eco �Ev �- R 91�1'E : ��Tx o �� O rie irC1C Pt F% AV PARK'�� p° a� Q lyt! s O�Q2 � Rca1„�RQo COUP C'iRgN ; ,�; Ey 4 �� o << pc NR FIRE I HORN c1 m ON QP hqq S(rq?,Lf/ Pl K � � p 9Y AV c om a e y F�l cIR �`` -0, 00 004-U �k TOR tic�� `� `rfW O o+2 � ; �Q' ,,, Cp ASF , a� 4, ' 0 0 2r�n01GU!I tC7• �. n HICKORY c `�. - - O C, qFo '`vain^ o��w�Qo�' Q�so = H p C;1 . SSM NUT LN O ti !NT J YN STS?: GROWN 4 Y QQ J��4 :UHAR1•SPRINGS O 1 xrrptt ��p err o y Cha -Z z � 0�' �IT G1 sM. Q o� 41 .ACRO `ws� O o�Krw� ` 2le V CITY OF DIAMOND EAR, Capital Improvements Projects J 0-1 4 w .. 99 , 99 Landscaping. and Irngation . ,n f . Project' ;;Installation°of:,entry, signs, reading -,"City{ of,,Iliamond Bar! ,, on major arterial roads at the city limits. t Estimated cost: TBA. Location: Citywide. N a map pro vldea/ CITY OF DIAMOND BAR Capital Improvements Projects, 1.99071994;,; Landscaping and Irrigation Project::, Construction of ,medians,on Golden Springs; Drive from Grand kvenue' "to°Avenida Rancheros s, Estimated cost:.v" re i y 25` 6oA pp Scheduling: TBA. Location r E/ ra�r S iii w %'• _ � t :• � ��"..n A RIVI 4"' . 1A ,, F, •a�-Sj" � QCs o � cw.,. rt) , r+�/ -/V _ ,.t �k y Gete;7 i ,tib? .�c• • ,��;,'yo,,e i�ir c rf. �Y.'- �•' .b )��9 \ a �...` - - rtcc \ r '• ,\. tri _ :p- � r^ ' ..s'';OIAi0e0.7AiS if=+ fix.?%., •r. � � �� ,r Feu ESAYis - ;8 r e 1 Q1 F'e�t \,.� { po/ reeue.ci r oA0a as �4-A - T; �"''+�`' 1 ':-`'+t%Y '7••� ii��•�a\f7•R�GR %'�'l ,4 a rr'•`oQ N :`r''�•,,•� a CB ..r t.ta <n u. ='y'. �,r. - t0- s)' ure•.r �. }in.."'we Awyrwuaar Zt" r�r nR 'r • 4 t �l O ��� •tr. ar '+tr � i.� a r. � ��� , vv rz 4 .. t �✓�14 �? _... iatr!t.w.. : n/ .dV � /� _ em r CITY 07DIAMOND BAS. M Capital-ImprovementsProjects 1,990= CITY OF DIAMOND BAIL Capitai Improvements Projects' 1,990 1994 Landscaping and,Irrigation :7 Project;., Correct widespread {deficiencies of sidewalks, curbs, and , gutters. ,, E Scheduling: Seven-year plan, with city divided into'seven phase areas. One phase area per year will be administered until project is complete. Location: Citywide. Na , »�+ap pravr�� T 5 I , ,4 •�!, 1 ski ' i .. 1 } C r r. 'S • .Z-f-rm N 0 33 MY OF DIAMOND T A Mn R - r 33 piw Improvements. Pro eots.1990''1994 Landscaping and Irrigation ' Project: ,'Construction`.of medians on,Colima Road from Gona Court E to Lemon Avenue. Estimated cost: Me 40449.0 2 �.. Scheduling TBA 4 . 4 R r �h Location: jY/ L CONT Q 0 fl 20900 M HS LWASHINGTON mal ; oTro%�' C'tip� Ga cc- 21000' RARR'l000Fie RE r "DR' al 4'�OR CT� $ m o c z_. 460MING dl¢ alQ 20600 x 20700Q ST 120900 ZZ w NORTHAMPTONST On4nDcR. w>cr o �> p' FR\NYDR 6 d' Q (• EARCGATs u TGC bIpONCAKE....... ST a MpON� v m »-pP > a i0p 60 'AS%gE t. n GLEN" t6aSc x • `a p'l 9 tri-.--' WOLD �a o .tr. o c. 1.IN C�9G m `�>wyi2 c r DR. P ETT�, 4'tj o ��^9����atio �a xt` �.� GACEI �, R ' o�' QIP F� z o► vs_ t 9`qO 9Cf Op QP C EPA SPAtSGp�aPO a �L'-` R(OKI a roo 9 Dqb pL{oh G ,L vc� CT. �. �N AGF o C.A Q •/'4 J- }� M OF DIAMOND BAA ::apitat r. Imtam en1990-19C Projects s99 -1 c stems Project: Underground,installaiion of electrics x components; along "Diamond Bar:Boulevard • _ unsightly ,ridding unci g y overhead wires. Estimated cost �pD� 40o, Scheduling: TBA. , Location: tgAG �& RIDE �, w McG G SAPI 2. Og54NG A- aO 04 �' �� , AEQUA LITTLE'. ti no �p� � - v %C`o ��CHGLa� F EAGUE 1 " ~o �`OQ OQ QQ �4� O C. '--� `1FC4' E,� y 4 Q/i.ST �`�r�, a ?S9,J`• 2�?�v �Y� I ; ti v'� 4�iUGP -41 ST Qga1NGW u •4'• C� v0 AQ �-/`�i� Ba �O n U c t / J UA .DRY, CRc'cK R �`GGG vCC7q Q\wr rmrAoi�RO :ROCK R/�,c 2135�QQ9 m VNaO, q 57% CA > C0C<pa` ❑5 Ug )ROA ji.E - O S vOP PARK 23500 , J p`OP Oµ Fn e G� ... G o o rn Q ��O QSQ E UY tCLm 0 -4 v N m e o 4- C�'po�: ;4�0�r0� F i 11 9 LD 8LF O� Jia BOO 8EA D �' cA C� •P/ CHICORA QP 9f9 !y4 _ v o p4 Po o9r e CITY OF DIAMOhiD Capital Improvements Projects, 1990-1994 Sewer and Storm Drain Systems Project:"' Upgrading of existing sewer,pump:stations thr oughout, the city. A Estimated cost: TBA. b Scheduling: Los Angeles County is currently working on design for the pumps. Location: Citywide. NQ mAp provr�� T+em. No, 37 TY OFT Capital' Improvements Pr6jkts ,1990=$1994' 4 Parks and Recreation` i} Project: Develop the sites of Larksl on ,,anis Pantera Parks. ' Estimated cost,: TBA. Scheduling: TBA. .ILE ' GP I <`� Ca �< ��•��V 7. i-W/''�� •::... art ���i � .�.a•olp _ T � ca, 1r ['sfc Op t°7 -I( �nVF p °t? m �R1NG y2S10 gpR NO tia �� t►�~YP P '° r� i;, y•r.' Ist S o I ao u t11EAN� +� v • '"� _,' �� •' °`, ��U t11�-�-5 up �._ .., Fb2t 2 r ET CREEr LN AM N C7 f c a p P' -T _ + i 1 r tN �zE cu �. ti, �� �'M NUMVYDLpR Pesti �A�Q~a $ r 1 "�• CO p::i• o SUMI�EKTUh1•I ST rj d -2 Y C �� G T . _ i �� s e oa B�oOKw�P� ` u . t `� i0aoo v OR .N ..wr1C71 C�7y Ci D Q O� - <> m IV . OU. .z4em No. 141 4 CITYO DIAMOND BARR Capital Improvements'Projects,1990-1`994 Parks and Recreation Project: -Replacement!.{of obsolete'" and/or damaged playground equipment at Heritage and Sycamore Canyon Parks. Estimated cost .i 14$�D4D.U0 Scheduling: TBA. Location: U {Z A g �� • DIAMOND BAR G� / , •al Qo 3�: oR 1 Lo z HS 'On GOCF.COURSE�:�� .'P: •�.� CLAtAar D`c< ! Q T� QCi S :; •_ . CLUB `a•' )� 4. yr0 D,t c N g U •?L �/��'j lUSc'•'.,•�rl'" l`�'••' T AES. %? ��4 2 J//` y/O il/ / L �O �w��L� y�}t r ,,....r' •: OS of IJ�O FSC! �:i?� S 1/,/,0 ti JJ A � �N y?�, OOq v-2' lgsr y/ ��cs � .',,. =�' �AiE pP 9A0 'PARK •;:. I r�ItO 9G 0 �4 ^ QQ QQ RIO LOOOS RO HERlfAGE •;• ; ` PARK $�' 7jJ�U`r�/✓np.� % I. )E i..� �O �y�Hl �rRPFC IT •�� N ro M L s VUUO:ey,�Y1¢ O {.p Q D/A R f"` ADa FS4 CC Q' •l1 �O MAR l r fj y/pC - <� ���aIMLB%! �> oV FD R O� 1r f� 1m0 4A'P !QO , `10 0 ! Z F,o> �1 � . TOWN i� r/ y�^al�p�E e yon/<yA, �/ t fD�oa lLiw etP�,oF�J�saFDA_ CENTER •, T 4e4 -) Na. 41Z-, . CITY OF DIAMOND BAR Capital Improvement. Projects 1990 — 1994 Parks and Recreation Project: Install playground Equipment and tot lot at Softwind and Summitridge (Mini Park) Estimated cost: 12LOCScheduling: FY q1 —12- LOCATION: ATION: f n CITY OF DIAMOND BAR Capital Improvement Projects 1990 - 1994 Parks and Recreation Project: Replace wooden play equipment at Sof twind and Summitridge (Mini Park) Estimated cost: Scheduling: F LOCATION: CITY OF DIAMOND BAR Capital Improvement Projects 1990 - 1994 Landscaping and Irrigation Project: Lanscape frontage road and medians at various locations: 1. Tin Rd .at Bridle 2. Goldrush at Diamond Bar Blvd. 3. Golden Springs at Rancheria 4. Golden Springs at Platin 5. Golden Springs at Ballena Estimated cost: $ 75"000,00 Scheduling: Fy- q2 •-q3 LOCATION: Na. 1-15 CITY OF DIAMOND BAR Capital Improvement Projects 1990 1994 Landscaping and Irrigation Project: Landscape Parkways;on Temple Avenue between Golden Springs Rd and Diamond Barr Blvd. Estimated cost: Scheduling:Y LOCATION: CITY OF DIAMOND BAR Capital Improvement Projects 1990 - 1994y Parks and Recreation Project: Rennovation of Heritage Park Building Estimated cost: 200 Qd j, OQ Scheduling: F Y LOCATION: M 7+cm,. No; 14 7 CITY OF DIAMOND BAR Capital Improvement Projects 1.990 - 1994 Athletic Facilities Project: Upgrades of Track and Playing field at Lorbeer Jr. High Estimated cost: fqo coo, oo Scheduling: F Y III �Z LOCATION: CITY OF DIAMOND BAR Capital Improvement Projects 1990 -.1994 Athletic Facilities Project: Athletic Field Lighting at Lorbeer Jr. High Estimated cost: scheduling: F y q% °!Z LOCATION: MAYOR, GARY WERNER City Hall 21660 Copley Drive, Suite 100 Diamond Bar, CA 91765 Dear Gary: IVAN R. NYAL 13145 Waco Road Apple Valley, CA 92308 In regard to the recent City Ordinance requiring Commissioners to be residents of the City, and the fact that I now live in Apple Valley, it is with deep reqret that I submit my resignation as Chairman of Parks and Recreation. It was an honor to be appointed as a Commissioner and then to be elected as the "First Chairman" of the Diamond Bar Parks and Recreation Commission. We had a great year and it is a pleasure to see the City of Diamond Bar move forward. I enjoyed the experience and the challenge, it was an oppor- tunity I will remember for many years to come. Sin rely, IVAN R. AL C1 c: -F -- 1 .2 C1 F R I R ORDINANCE WO, (1000) AN ORDINANCE OF THE 0171 CnWyCIL oy Thl CITY :4,1NU OF DINNOND BAR ADOPTIVG A -N' i" ' ORDINANCE JURRUANT TO THE PROVISIONS OF CALIFORAIA UOVERNMONT CODE M50,0,fir. MOks"7-,', FINDiv4s iN vupl-CJR� , k.]E Ai 10IIAlm (i) On April 18, 19S9, the CAY Of Mans" ,,t,ojjvheo as a day aruarived P"AWral vorparation of M...- State of California. Thsreafter, the City Council adopted its No. 14, thereby adopting bi rafarennn CIO! nnw -v in a3 the urdinanceA of the Cit. Kle 22 thereof MUM KIM the Wlicabln 1,eqnjenjons tor the City M �jjd Title 22 shall be referred to as the "Zoning SM 7�—c,A recenL PIMPOMW If thy TLay-nd Bar, Lhe City Council has axani=d tAF 4�gejas County General Plan, Zone VWvAM TOM W 1, t, anj putoo;j,j ir ;he �tty ot Diamond Mr. Such A%aninaticn W "s - there are areas within the MY which M �Wt M"O I st"" transition of densities. appropriate hilivids mtandards and/or uses and are, ao swch, Wcorpatibla ndjauanL zones nM UseM !he City Council Was `(coadaytiol the existing Los Angeles COOMY UenPrsl Plan (as the Pane �0'16 aPPIY to the City of njanond Ear) and action an davelopWnt applications, as to reqUirGd consistency to an adopted General 1 tl-e te�r-:,Rs and provisions of Plan, has taken place PUr5udnt Ii California Code Sj�.ct.Lon 615�60. more Specifically, h3i-lsidrz,: a`eat, which. excleed FI, L, ? gov��.rned slope of ten (10) percent within the are Pr6seW�Ij by th,�6 7oning Ordinance, Lacking b-O't'-ft an ia&�pted Plan, yew and. canis -Is -tent "Loc -al deveiopi-_ent st__t.jrv-3aj,,dG fo'r r, Vllc-_W Dl` to to development, _Ch an appyovai gcheme does not A dev'alopment. and 'wo'-_'Id' frasi_-rats any Planning afj<�4-s -;vi,"�hin tlln.e C" -Y 01 Lja.mcnd i �"j r`C:cogndition '.-'f ths ne4n�d fox icn,q-range planrilf"Ij Criteria, the C'ItY aff 'a n t t s' r tr •_" City tc; study and formul-i -1"0 assurs ad9f."U'ate rev].'aw `, ate: v proposed resid�31!tial a-r.rea u which exce!A a, Slope Of ten ,�jdoption of the U'tinate Gc-neral Pjjp,,,. e -e for the C'D"-.y of Dlar,,ond Bav kf iv) There are presently pending aPIPI I app'rovaj of whjcsj- would nct con"F,crr 4Co or and wcu-Ld purposes for sach ZonJ_' a the I -p r,eOPr, p��,ndiAng I I I a. n MC;H. d pt� i 0 1'& Of zt f P -d a r' -A 'Orpesti on c -If sut;hl amendments, it is that fir:her devc- _event proposhillsidp_als fOr areas will be s�ibmlttd for property within the City which would 2 0 C T 0 FF: I I A : 40 91 14 R F& P1 A N 0 ARC'S contradict the ultimate oalf the proposed Zoning Code amendments and General Plan. (v) This Council is concerned about the oreatiOn Of an orderly and balanood dovvioprent within tba City of DiamOnd Bar, Accordingly, to protect the int8grity of the ultirtate General plan and to asawre the continued development stability of those properties within the MY, this council findg it is necessary to establish interim zoning policies tv QlOw citY staff the time neces8ary to investigate and fornulate the abcve-refefen" zuri�'!'j ordinan'�:e (Vi) oil legal prerequisites prior 'C z) thie of thie ordinance have occurrs& V alArAwn THE CITY COUNCIL OF THE CITY OF DIAMOND BAR 0013 OVDAW AS FOLLOW jaQtjon 1, The City Council herebY nPenifica7ly ftnAs that all the facts set forth in the Recitals, Part K Of "" ordinance are trVe and 'brroct The city Council further finis an WIlOwl; a. The city of Diapond Bar is presently davelcpik General plan for development in the City of Diarond Bar. The ultimate goal of the Generml Plan is to provide a balanced and unified plan oE developnent within the City of Djanond Bar and will ultimately upgrade the eccnOmic, social and oultural welfare of persons and propertieS within the City of Diamcnd Bar. The current Zoning Ordinance of the City of Diamond Bar does not 3 I 2 A R I< 'M A to 2! '-.' IN -S K I F - Prov de auff46cient standards fOr aPPI'Lcation to Citi. staff, Planning Conmilts ion or City Ccnncii review for the apptOval Of hiliside develoyment in all residential zones within the City; 5. There are presently pending cap p1ications for residential daveiopnent in hillaide areae which exceed a "Pe Of ten (jo) yercent, the approval of which would contradict ultimate goals and objectivW Of the General Plan and MUM not be subinct to adequate jaca! review under the current provisions of We loning Ordinanca: and W The approval of reuidential devel,mant an hillside norran under the current provisions of t;4,,e w ouj& result in an immediate threat to ]P1,11A iO hS'a'!,'r or walfare cf persons and proyartY within the CM Bar � Ingtion 2. The interim Uning RegulatiOns pertiln!71 lo residential development on hillside area which exceed a AM Of ten (n) percent, as sec rarzn on —1—y" El I. --e incorporated by reference herein as if out fOrM in "It' entirety, are hereby adoyted. aMall2a 1, This ordinance is enac-tad -uriele-,r t'ia Of California Government Ccde section 65858(a) and shall be Of further force and affect f0r`Wfive adoption of this ordinance unless the City Council has axtsnded this ordinance in the manner as provided in said Section 65858(a) 4 F P I 1 :2 P! C :7 S K I . ..... * I MiAwn 24. This is hercby dealarsd to b? nna8uw pur8uant to the terns Of Calif"'a Governnen Sectiona 65w5wq) and i6s37(b)5 and this OldinanwO G"I fj,vt josediately upw its a5cpticn- The City Clark shall Certify to the WOPMOn Of w ind shall cause the sane to be posted ithi, the City cf Diamond Bat plisuant. mays-, T, BURGESS. Cit! Clerk of 0171 cf pa$sv3 at a regular meetkg A "L slanand Eat held on th8 - ----- -,v Ii nc, 'vot e Aids, NOW: COUNCIL MEMBFPS! ABSE911 COUNCIL MEMBERW -ASTWOL54 coUNCIL MEMBERS: ATTEST: Lynda - 5 , It - - ta of the City of Diamond Bat-