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HomeMy WebLinkAbout03/24/1992CITY COUNCIL AGENDA Mayor —Jay C. IGm Mayor Pro Tem —Phyllis E. Papen Councilman — John A. Forbing Councilman — Gary H. Werner Councilman — Gary G. Miller City Council Chambers are located at: South CoastAir Quality Management DistrictAuditonum 21865 East Copley Drive refrain from ing, eating or drinking jn ci am rs MEETING DATE: March 24, 1992 Robert L. Van Nort City Manager Andrew V. Arczynski City Attorney MEETING TIME: Study Session - 6:00 p.m. Lynda Burgess Closed Session - 9:00 p.m. City Clerk The City of Diamond Bar uses RECYCLED paper and encourages you to do the same. DIAMOND BAR CITY COUNCIL STUDY SESSION 1. CALL TO ORDER: 6:00 P.M. - ROOM CC -8 PLEDGE OF ALLEGIANCE: MAYOR KIM ROLL CALL: Mayor Kim, Mayor Pro Tem Papen, Councilmen, Werner, Miller and Forbing 2. PARKS AND RECREATION COMMISSION: 6:00 - 6:45 p.m. 2.1 DISCUSSION OF COMMISSION CONDUCT/HANDBOOK 2.2 WHITE PAPER 3. TRAFFIC AND TRANSPORTATION COMMISSION - 6:45 P.M. - 7:30 p.m. 3.1 DISCUSSION OF COMMISSION CONDUCT/HANDBOOK 3.2 WHITE PAPER 4. PLANNING COMMISSION - 7:30 P.M. - 9:00 P.M. 4.1 DISCUSSION OF COMMISSION CONDUCT/HANDBOOK 4.2 WHITE PAPER 5. ANNOUNCMENTS: 6. ADJOURNMENT: 7. CLOSED SESSION: Personnel - Section 54957.6 Litigation - Section 54956.9 CITY COUNCIL AGENDA Mayor — Jay C. lam Mayor Pro Tem — Phyllis E. Papen Councilman — John A. Forbing Councilman — Gary H. Werner Councilman — Gary G. Miller City Council Chambers are located at: South CoastAir Quality Agfa wgeawt DisirktAuditonum 21865 East Copley Drive Please refrain from.9rooking, eafinor:in in. the:C—=dF Chambers, MEETING DATE: March 24, 1992 Robert L. Van Nort City Manager Andrew V. Arczynski City Attorney MEETING TIME: Study session - 6:00 p.m. Lynda Burgess Closed Session - 9: oo p.m. City Clerk Copies of staff i reports or other wdtter# stocumesttaiiot� relat g. to eairtt itarrt referred #o ort #pis agenda am on file ire the O tce of the City Clerk end are available faf`p�uISO it pe<�ticn:. If you tiiave q estiorEs r c n ► enr t iiem leant contest lige:: Cterlt at `. 8 x40 Burin . bo fess hours, The City of Diamond Bar uses RECYCLED paper and encourages you to do the same. DIAMOND BAR CITY COUNCIL STUDY SESSION ��a-7 1. CALL TO ORDER: 4 P.M. - ROOM CC -8 PLEDGE OF ALLEGIANCE: MAYOR KIM ROLL CALL: Mayor Kim, Mayor Pro Tem .Y"Papen, Councilmen, Werner, Miller and Forbing-14w �Xee_d 2. KA)ffLANP RECREATION AON�� Cm Ie�S Snq;ON i , , 6'0,0 icct u p.m. nu 2.1 DISCUSSION OF COMMISSION CONDUCT/HANDBOOK _ OK 2.2 WHITE PAPER ^' P130 -� Q-0 ►'x�nel — CD mry' -k.0 n a 6--t am e -d -A, 3. TRAFFIC AND TRANSPORTATION COMMISSION 6.45 P.M. - 7:30 p.m.W+ce Cla" 3.1 DISCUSSION OF COMMISSION CONDUCT/HANDBOOK -OL cJI 3.2 WHITE PAPER qq � O .1 � 1VYL d-0 Ap r t l 3 2 4. PLANNING COMMISSION - 7:30 P.M. - 9:00 p.m. L- i, YY\ejtQ v, F:lounve-v�-(O°ju� Cr' o I'� _" r�l d -e, (f �cc used 4.1 DISCUSSION OF COMMISSION CONDUCT/HANDBOOK 4.2 WHITE PAPER �W % 'w� S't-a r� 4--) 5. ANNOUNCXIINTS : 6. J URNNENT CLOSED ESSION: Personnel - Section 54957.6 Litigation - Section 54956.9 CITY OF DIAMOND BAR TRAFFIC AND TRANSPORTATION COMMISSION COMMISSION HANDBOOK Revised March 12, 1992 CITY OF DIAMOND BAR TRAFFIC AND TRANSPORTATION COMMISSION HANDBOOK Table of Contents I. INTRODUCTION.......................................1 II. GENERAL INFORMATION CityHistory ......... ........................2 Diamond Bar's Form of Government .............2 City Advisory Bodies ..........................3 City Staff....................................3 III. COMMISSION MEMBERSHIP AND OPERATIONS Membership....................................4 Officers.....................................4 Vacancies.....................................5 Quorum........................................5 Meetings......................................5 Agenda For Meetings ...........................6 Compensation..................................7 Reimbursement.................................7 Staff Liaison.................................7 IV. COMMISSION ROLE Purpose.......................................8 Meeting Procedures ............................8 Motions......................................14 Resolutions..................................16 Voting.......... .........................16 Staff Responsibilities .......................17 Staff Request Procedures ..................... 18 Minutes......................................18 Commission Recommendations ...................19 Relations with City Council, Commissions, andCommittees...............................19 V. LEGAL RESTRAINTS The Brown Act................................20 Conflict of Interest .........................20 Disqualification from Commission Decisions....................................20 Public Records Law ........................... 21 Discrimination and Equal Protection .......... 21 Due Process..................................21 VI. APPENDIX Diamond Bar Organizational Chart.............23 City Council Standards of Operation Resolution 91-71 .............................24 City Telephone List ............ .............25 Description of Commissions/Committees........ 26 Statement of Principles ......................26 Policiesfor Service .........................26 I. INTRODUCTION This handbook is intended to give you an orientation of your role as a Traffic and Transportation Commissioner. It includes an overview of the Commission's role and responsibilities and the structure and procedures of Diamond Bar's Municipal Government. The handbook will also provide an overview of the Traffic and Transportation programs. Diamond Bar Commissioners are vital to the City's organization and its efforts to meet the needs and interests of the Community. It is hoped this handbook will assist you as a member of the team. The City Council and staff are most appreciative of your time and efforts. 1 II. GENERAL INFORMATION History of Diamond Bar As with many Southern California communities, Diamond Bar's recorded history began with a 4340 -acre Spanish land grant deeded by Governor Alvardo to Jose del la Luz. The land was divided into parcels which changed hands many times prior to 1900. In 1918, Frederick E. Lewis bought most of the original Rancho Los Nogales area to establish a cattle ranch and registered the Brand of Diamond Bar with the Department of Agriculture. In 1956, Transamerica Corporation paid $10 million to purchase 8,000 acres of Diamond Bar Ranch from the Bartholome Family. 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 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. Between 1964 and 1989, the DBIA represented the community before various county agencies on matters of development and accepted responsibility for enforcing covenants, conditions and restrictions (CC&R's) on the deeds of all 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. Diamond Bar is a typical suburban bedroom community with limited commercial or industrial land. Commercial acreage is primarily developed with uses designed to serve residents of the community. Today's Diamond Bar is a young, upscale residential community of about 54,000 situated among meandering hills and valleys of Brea Canyon. Covering 14.77 square miles, it is 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 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. Fq Diamond Bar's organizational structure consists of a mayor and a mayor pro -tem selected 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 established by City ordinance of a permanent nature. The duties, responsibilities and scope of authority are set forth in the enabling ordinance. The other type of advisory body 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. City Staff City Manager - Is responsible for the administration of the City's government. He is appointed by the City Council, serves as the City's Treasurer and appoints department heads and employees to provide services to the community. City Clerk - The City Clerk has the responsibility 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, Planning, and Public Works. The City contracts for Police, Fire Services and Building and Safety. Department Directors and contractors are responsible to the City Manager. The City Manager directs the work of all departments by direction of the City Council. 3 III. COMMISSION MEMBERSHIP AND OPERATIONS Membershi The Traffic and Transportation Commission consists 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 fails to make an appointment within thirty days of a vacancy, a majority of the City Council shall appoint to fill the unexpired term of the vacancy. The terms of office for the Commission shall be two -years expiring on February 8th of even numbered years. 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 selected the Commissioner is no longer on the City Council. That position will be deemed vacant and available for appointment for the otherwise unexpired term, if any. Officers The Traffic and Transportation Commission shall, at its first regular meeting in March of each calendar year, elect a Chairperson and Vice -Chairperson from among its appointed members for a term of one year. The Commission may create and fill such other offices as may be deemed necessary. Chairperson - The Chairperson shall be the Presiding Officer at all meetings of the Commission. In the absence of the Chairperson, the Vice Chairperson shall preside. In the absence of both the Chairperson and the Vice -Chairperson, the Commission shall elect a temporary Presiding Officer to serve until the arrival of the Chairperson or Vice -Chairperson or until adjournment. The Chairperson shall sign resolutions and documents approved by the Commission at meetings when he or she is in attendance. In the event of his or her absence, the Vice -Chairperson shall sign all such documents as have been adopted and approved. In the absence of the Chairperson and the Vice -Chairperson, the temporary Presiding Officer shall sign all such documents as have been approved and adopted during the meeting at which he or she presided. The Chairperson or Presiding Officer is responsible for the maintenance of order and decorum at all times. No person should be allowed to speak who has not first been recognized by the Chair. All questions and remarks should be addressed to the Chair. 4 Vice -Chairperson - The Vice -Chairperson, in the Chairperson's absence or inability to act, shall take the place of and perform all duties of the Chairperson. The Chairperson may appoint special subcommittees of less than a quorum of the Commission. Subcommittees may then meet to carry out their assigned tasks and meetings will be arranged by staff. vacancies If a vacancy occurs, other than by expiration of a term, an appointment to fulfill the unexpired remainder of the term shall be made within thirty days by the Councilmember who appointed, or had the opportunity to appoint, the Commissioner whose position was vacated. If that Councilmember fails to appoint within the thirty -day period, a majority of the City Council shall appoint to fill the vacancy. If a member of the Traffic and Transportation Commission is absent from three (3) consecutive regular meetings, or from more than fifty percent (50%) of the regular meetings in any one (1) year, the office of said Commissioner shall thereupon be deemed vacant and the Secretary to the Commission shall immediately inform the City Council thereof. 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 City Council. Quorum A quorum consists of a majority (3) of the members of the Commission and is sufficient to conduct business. Motions may be passed 2-1 if only 3 Commissioners are in attendance. 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, if he/she knows in advance that his or her attendance is not possible, he or she should notify the Commission Secretary. If a majority of Commissioners quorum, staff representatives a written notice. The door at posted with this information. Meetings will not be present to allow for a and news media shall be notified by the meeting room should also be Regular Meetings - The Traffic and Transportation Commission meets on the second Thursday of each month at 6:30 p.m. in the Hearing Room at South Coast Air Quality Management District at 5 21865 Copley Dr. as specified in a Resolution adopted by the Commission. The meeting time and place may be changed with 24- hour notice duly given to the public and media 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 of adjournment must be posted near the door of the room where the meeting was held within 24 hours of said adjournment. Any meeting may be adjourned to a time, place, and date certain, but not beyond the next regular meeting. Once adjourned, the meeting may not be reconvened. Special Meetings - Special meetings shall be open to the public and held at such time and place as the Commission determines. Special meetings may be called by the Chairperson or majority of Commissioners or the Secretary 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 pursuant to Section 54956 of the California Government Code. Study Sessions - Study sessions, often called "work sessions", are usually informal and are public. They are usually scheduled as adjourned regular meetings and have a separate agenda. Notice of all meetings shall be made pursuant to California Government Code Sections 54950, et seq., and agendas shall be posted as required by law. All regular and adjourned meetings, study sessions and special meetings of the Commission shall be open to the public. Agenda for Meetings The Commission Secretary is responsible for preparation and distribution of the agenda and supporting documents prior to each meeting. The Order of Business of each meeting shall be as contained in the Agenda prepared by the Secretary. The Agenda shall be a listing by topic of subjects which shall be taken up for consideration and disposition in the order established by Commission policy. However, with the unanimous consent of the Commission, items may be taken out of order. Any person wishing to place an item on the Agenda shall advise the Secretary no later than 12:00 Noon on Wednesday preceding the meeting at which he or she wishes the item to be considered. No matters other than those on the Agenda shall be finally acted upon by the Commission; provided, however, that matters not on the Agenda but deemed to be emergencies or of an urgent nature by any Commissioner, the City Manager or the Secretary may be submitted for Commission consideration and action in accordance with state law. The Commission packet will be available by 4 p.m. on the Friday preceding the Commission meeting on Thursday. Compensation The Commission will be compensated for attending regularly scheduled, adjourned or special meetings, the amount therefor to be established by Resolution of the City Council. The Commission Secretary is responsible for processing warrants for payments and Commissioners will be paid on a monthly basis. Each Commissioner has the right and opportunity to waive his or her right to be compensated and a letter of waiving that right must be sent to the City Manager. Reimbursement The Commission may receive reimbursement for travel, meals, lodging and related expenses incidental to the performance of their official duties, including attendance at seminars, conferences or training courses. Prior approval is required to be obtain from the City Council for attendance at seminars or conferences. All other expenses require City Manager approval. Said expenses may by advanced to Commissioners or otherwise paid 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. IV. COMMISSION ROLE Purpose As defined in City Council Ordinance No. 28 (1989), the purposes of the Commission will be: 1. To act in 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 transporation 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 and enforcement of traffic regulations. 5. To hear complaints and receive comments from 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 are recommended for the efficient conduct of meetings: 8 Call to order: Every meeting shall be called to order by the Presiding Officer. In the absence of both the Chairperson and vice -Chairperson, the meeting shall be called to order by the Secretary, whereupon the Secretary shall immediately call for the selection of a temporary Presiding officer. Roll Call: The order of roll call shall Chairperson called last, and the names of those present i Public Comments: nbe alphabetical with the the Secretary shall enter the Minutes. Public Comments is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Commission on items or matters of interest to the public that are not already scheduled for consideration on the agenda. The speaker may complete a voluntary request to address the Commission form and hand same to the Secretary. Consent Calendar: All matters under consent items on the agenda are considered routine and will be acted upon without discussion unless a Commission member 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 Consent Calendar and place it for separate consideration. Presentation by Members of the Commission Any Commissioner may bring before the Commission any new business. These matters need not be specifically listed on the Agenda, but action on such matters must be deferred until a subsequent meeting unless acted upon pursuant to California Government Code Section 54954.2. Points of Order The Presiding Officer shall determine all Points of Order subject to the right of any member to appeal to the Commission. If any appeal is taken, the question shall be "Shall the decision of the Presiding Officer 9 be sustained?" in which event a majority vote shall govern and conclusively determine such question of order. Decorum and Order - Commission Members Every Commissioner desiring to speak shall address the Chair and, upon recognition by the Presiding Officer, shall confine himself or herself to the question under debate. Every Commissioner desiring to question the administra- tive staff shall address his or her question to the Secretary who shall be entitled either to answer the inquiry directly or to designate some member of staff for the purpose. A Commissioner, once recognized, shall not be interrupted while speaking unless called to order by the Presiding Officer, unless a Point of Order is raised by another Commissioner or unless the speaker chooses to yield to questions from another Commissioner. If a Commissioner is called to order while speaking, he or she shall cease speaking immediately until the question of order is determined. If ruled to be in order, he or she shall be permitted to proceed. If ruled to be not in order, he or she shall remain silent or shall alter his or her remarks so as to comply with rules of the Commission. Commission Members shall accord the utmost courtesy to each other, to City employees, and to the public appearing before the Commission and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities. Any Commissioner may move to require the Presiding Officer to enforce the rules, and the affirmative vote of a majority of the Commission shall require him or her to so act. Members of the Commission shall not leave their seats during a meeting without the consent of the Presiding Officer. Participation of Presiding Officer The Presiding Officer may move, second, and debate from the Chair, subject only to such limitation of debate as 10 are imposed on all Commission Members, and shall not be deprived of any of the rights and privileges of a Commission Member by reason of acting as Presiding Officer. However, the Presiding Officer is primarily responsible for the conduct of the meeting. If he or she desires to personally engage in extended debate on questions before the Commission, the Presiding Officer should consider turning the Chair over to another member. Decorum and Order - Employees Members of the Administrative Staff and employees of the City shall observe the same rules of procedure and decorum applicable to members of the Commission. The Secretary shall insure that all City employees observe such decorum. Any staff member, including the Secretary, desiring to address the Commission or members of the public shall first be recognized by the Chair. All remarks shall be addressed to the Chair and not to any one individual Commissioner or public member. Decorum and Order - Public Public members attending Commission meetings shall observe the same rules of order and decorum applicable to the Commission. Any person making impertinent and slanderous remarks or who becomes boisterous while addressing the Commission or while attending the Commission meeting shall be removed from the room it the sergeant -at -arms is so directed by the Presiding Officer, and such person may be barred from further audience before the Commission. Unauthorized remarks from the audience, stamping of feet, whistles, yells, and similar demonstrations shall not be permitted by the Presiding Officer, who shall direct the sergeant - at -arms to remove such offenders from the room. Aggravated cases shall be prosecuted on appropriate complaint signed by the Presiding Officer. Enforcement of Decorum The Secretary shall be ex -officio sergeant -at -arms of the Commission and shall carry out all orders and instructions given him or her by the Presiding Officer for the purpose of maintaining order and decorum. Any person disrupting Commission proceedings may be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by fine or imprisonment or both. Upon instructions form the Presiding Officer, it shall 11 be the duty of the Secretary orhis sfor her meeting. representative to eject any person Personal Privilege The right of a member to address the Commission on a question of personal privilege shall be limited to cases in which such member's integrity, character, or motives, are assailed, questioned, or impugned. Personal Interest No member prevented from voting by personal interest shall remain on the dias during the debate and vote on any such matter, unless permitted by the Chair. In the event of such conflict, the member shall publicly state the grounds for the record and upon acceptance by the Chair shall leave his or her seat during debate on the issue. Limitation of Debate No member shall be allowed to speak more than once upon any one subject until every other member choosing to speak thereon shall have spoken. No member shall speak for a longer time than five minutes each time he or she has the floor, without the approval of majority vote of the Commission. Dissents and Protests Any member shall have the right to express dissent from or protest any action of the Commission and have the reason entered in the minutes. Such dissent or protest to be entered in the minutes shall be make in the following manner: "I would like the minutes to show that I am opposed to this action for the following reasons...". Procedures in Absence of Rules In the absence of a rule to govern a point of procedure, Robert's Rules of Order shall govern. Manner of Addressing the Commission Any person desiring to address the Commission shall proceed to the podium and wait to be recognized, he or she shall state his or her name and address for the record and shall limit his or her remarks to the questions under discussion. All remarks and questions shall be addressed to the Chair and not to any 12 individual Commission Member, staff member or other person. No person shall enter into any discussion without being recognized by the Presiding Officer. Time Limitation Any public member addressing the Commission shall limit his or her address to five (5) minutes unless further time is granted by the Chairperson. Addressing the Commission after Motion is Made After a motion has been made or after a public hearing has been closed, no person shall address the Commission without first securing permission by a majority vote of the Commission. Written Correspondence The Secretary is authorized to receive and open all mail addressed to the Commission as a whole and give it immediate attention to the end that all administrative business referred to in said communications and not necessarily requiring Commission action may be disposed of between meetings. Any communication requiring action will be reported to the Commission at its next regular meeting together with a report and recommendation of the Secretary. Regular Agenda Items - • Announce the item and what is to be discussed. • Ask staff to present the report. • Ask the Commission if they have questions for staff. • Open the item for public discussion. • Invite those in favor of the item to speak. • Invite those in opposition to the item to speak. • Ask 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 questions for staff or public. • Turn the item over to the Commission for discussion. • After a motion is made and seconded, the matter may be discussed by the Commission. If there is no second, the motion dies. Amendments may be made by proposal of new motions but are only effective upon receiving a second. Discussion of an amendment may only take place after a motion has been made and seconded. The amendment must be voted upon by the 13 Motions entire Commission and if defeated, then the original motion will be voted upon. The substance of a motion is presented by the moving Commissioner, requires a second, and normally only requires a majority or a quorum (like most resolutions). A roll call vote is not necessary, but a roll call in all instances is appropriate. Processing of Motions When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. A motion shall not be withdrawn by the mover without the consent of the member seconding it and the approval of the Commission. Motions Out Of Order The Presiding Officer may at any time, by majority consent of the Commission, permit a member to introduce an ordinance, resolution, or motion out of the regular Agenda order. Division of Question If the question contains two or more divisible propositions, the Presiding Officer may, and upon request of a member shall (unless appealed), divide the same. Precedence of Motions When a motion is before the Commission, no motion shall be entertained except the following which shall have precedence in the following order: a. Adjourn b. Fix hour of Adjournment C. Table d. Previous Question e. Amend f. Postpone Motion to Adjourn (not debatable) A motion to adjourn shall be in order at any time except as follows: 14 a. When repeated without intervening business or discussion, b. When made as an interruption of a member while speaking, c. When the previous question has been ordered, and d. While a vote is being taken. A motion to adjourn "to another time" shall be debatable only as to the time to which the meeting is adjourned. Motion to Fix Hour of Adjournment Such a motion shall be to set a definite time at which to adjourn and shall be undebatable and unamendable except as to time set. Motion to Table A motion to table shall be used to temporarily by-pass the subject. A motion t table shall be undebatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be "taken form the table" at any time prior to the end of the next regular meeting. Motion for Previous Question Such a motion shall be used to close debate on the main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion. Motion to Amend A motion to amend shall be debatable only as to amendment. A motion to amend an amendment shall be in order, but an amendment to amend an amendment to an amendment shall not be in order. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be order. A substitute motion on the same subject shall be acceptable, and voted on before a vote on the amendment. Amendments shall be voted first, then the main motion as amended. Motion to continue Motions to continue to a definite time shall be amendable and debatable as to propriety of postponement and time set. 15 Resolutions voting Resolutions should be in written form before the commission. The appropriate motion is "I move that Resolution No. be adopted." Reading of the title is not legally required. Upon seconding, a vote is taken. A roll call vote is the desirable procedure on all resolutions. Resolutions Prepared in Advance Where a resolution has been prepared in advance, the procedure shall be: motion, second, discussion, vote and result declared. It shall not be necessary to read a resolution in full or by title except to identify it. Any member may call for a roll call vote or require that the resolution be read in full. Resolutions Not Prepared in Advance Where a resolution has not been prepared in advance, the procedure shall be to instruct the staff to prepare a resolution for presentation at the next meeting as follows: motion, second, "no objections? - so ordered". Urgency Resolutions In matters of urgency a resolution may be presented verbally in motion form together with instructions for written preparation for later execution. After the resolution has been verbally stated, the voting procedure for resolutions prepared in advance shall be followed. Urgency resolutions shall be avoided except when absolutely necessary. Question to be Stated The Presiding Officer may verbally restate each question immediately prior to calling for the vote. Following the vote, the Presiding Officer may verbally announce whether the question carried or was defeated. The presiding Officer may also publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business. Voting Procedure on the passage of every motion, the vote shall be taken by voice or roll call and entered in full upon the 16 record. The order of voting shall be alphabetical with the Chairperson voting last. Roll Call Voting Resolutions shall be considered by roll call vote. Any other questions before the Commission shall not require a roll call vote unless demanded by any member before the negative has been put. It shall not be in order for members to explain their vote during roll call. Any member may change his or her vote before the next order of business. Failure to Vote Every member shall vote unless disqualified for cause accepted by vote of the Commission or by opinion of the City Attorney. Self -disqualification, without approval, which results in a tie vote shall be avoided as thwarting Commission action, but no Commission member who abstains shall in effect consent that a majority of the quorum may act for him or her. Tie votes shall be lost motions and may be reconsidered. Reconsideration Any member who voted with the majority may move a reconsideration of any action at the same meeting. After a motion for reconsideration has once been acted on, no other motion for reconsideration thereof shall be made without unanimous consent of the Commission. Staff Responsibilities The City Engineer lends technical support to the and serves as the Secretary to the Commission. He or she provides the data, information and professional counsel to the Commission while serving as liaison between policy formulation and implanta-tion of same through administrative procedures. The City Engineer is primarily responsible for administering the day-to-day operation and functions of City Engineering and Public Works, within the policies and guidelines as established by the City Council and the City Manager. It is also the responsibility of the City Engineer to function as communicator between staff, the Commission and the City Manager. The City Engineer will facilitate clear, concise and efficient communication of all direct questions, comments, and requests for information between the Commission, City Manager and staff as 17 well as similar requests between individual Commission members and individual staff. The City Manager will assign additional staff 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 staff's technical knowledge, full consideration should be given to their recommendations. Staff members make objective recommendations without consideration of personal or political consequences. Following a staff report or recommendation to the Commission, staff is at liberty to make the same recommendation to the City Council via the City Manager, even though the Commission may have taken a different position. Staff Requests Procedures All Commissioners' requests for information from 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 request an emergency, and time allows, he shall attempt to obtain the Chairpersons's approval to direct the request to the City Engineer. If the Chairperson is unavailable, then the Commissioner may directly contact the City Engineer. The City Engineer 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 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 Commission's actions and are open for public review. Unless the reading of the minutes of the previous meeting is requested by a majority of the Commission, such minutes may be approved without reading if the Secretary has previously furnished each Commissioner with a copy thereof. The minutes shall consist of a clear and concise statement of each and every action including the motions made an the vote thereon. Reasons for making a motion, or voting, debate and audience reaction are generally irrelevant for purposes of the minutes. Such items may be included if considered to be 18 particularly relevant or otherwise necessary by the Secretary in the first instance and by the Commission in the final instance. The Secretary shall have exclusive responsibility for preparation of the minutes, and any directions for changes in the minutes shall be made only by action of the Commission. Commission Recommendations All actions of the are of an advisory nature and are forwarded to the City Council by staff. A review of each recommendation is conducted by City Council and the City Manager for possible placement on a future City Council agenda. The Commission may only recommend items to Council that are on included on regular agendas and are duly voted upon by a majority of the Commission. It is the City Engineer responsibility to forward all Commission recommendations to the City Manager. Relations with Cit Council Commissions and Committees In areas where there is an overlap of jurisdiction between various Commissions, it is important that a liaison be developed to insure consideration of the different viewpoints and to minimize duplications of efforts. Joint meetings with the City Council and other commissions and committees may be mutually beneficial whenever two bodies are simultaneously addressing the same topic. 19 V. LEGAL CONSTRAINTS 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 that 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 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 thirty (30) days of appointment and thirty (30) days after leaving office. Forms are obtained from the City Clerk's Office and must be filed with the City Clerk, no later than the due date. Disqualification From Commission Decisions As a Commissioner, if a matter in which you have a financial interest comes before the Commission on what 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 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. 20 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 involved in any 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 concerned, to be above reproach. Public Records 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 bias, predetermination, refusal to hear, etc., may invalidate a Commission action. 21 VI. APPENDIX 22 L U U> Y J F W J V Q q IL U 6b 2Z W IEW O c ¢ m o c V W W � W O Q W Z U Do p ¢< WIN W C\/ Qj :)Q m = H z O U n3o v W � J ¢ N W ' W _� o r W v O O CDU ZJ m ¢ _<` U a Z O>Q W Q GW pb ')pp Z U W O Z m Z p J p UW Ot �. d > W � Y Z r ¢ 00 c m f ` Q � 0 � ~ c Z Y Z W0� W ZU Z = Wuj- Q _ W Z O> U Y W U Z <¢ ZW �. Y¢ W U = < O N W ¢ O Y< < f0 H W r 0 Z ¢ U U 2 b _ 0 Gm. _ w a ¢ e RESOLUTION NO. 91-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING CITY COUNCIL STANDARDS OF OPERATION WHEREAS, it is important to the successful operation of any public organization that standards be established to define the roles, responsibilities and expectations of the governing board and staff in the operation of the organization; and WHEREAS, the establishment of standards. by the City Council will promote understanding and trust among members of the City Council and staff concerning their roles, responsibilities and expectations for the operation of the City; and WHEREAS, the establishment and periodic review of these City Council policy standards will assist new members of the City Council to better understand their role and responsibilities as Council Members. NOW, THEREFORE, BE IT RESOLVED by the City of Diamond Bar as follows: section 1. OPERATION OF C.T.TY COUNCIL MEETINGS A. The Council shall meet the first and third Tuesdays of each month, commencing at 6:00 p.m. If the Council desires to proceed past 11:30 p.m., the Council, at 11:00 p.m., will determine which issues will be completed at that meeting and which items will be continued to the next Tuesday meeting. B. Public Comments are to be scheduled for 6:00 p.m., immediately following the Flag Salute, Roll Call and Council Comments. C. No action is to be taken on items raised under Public Comments. Besides oral requests, citizens may also be requested to put concerns in writing, if that the item(s) is to be agendized, for a later Council meeting date, at the discretion of the Council and City Manager. D. At the beginning of the meeting, if there are a number of people requesting to speak on a particular subject under Public Comments, the Mayor may request that there be a spokesperson and that the others limit their comments, speak at the end of the meeting or contact Council or City Manager. This does not apply to scheduled agenda items. COUNCIL STANDARDS Page Two Section 1. OPERATION OF CITY COUNCIL MEETINGS (CON'T) E. In order to ensure that all members of the public have an opportunity to speak, pertaining to issues that are not on the meeting agenda, and that the Council is able to complete the public's business, there shall be a five-minute limitation on comments by the public unless otherwise prohibited by law. The Mayor will be responsible for enforcing the time limits as suggested. Any Council Member may request an extension of the five-minute time limitation. If the Council concurs that the nature of the issue warrants an extension of time, the time limit may be extended. F. The Council will not hold a public hearing on items scheduled under Departmental Reports or Council Concerns. If just one or two people desire to speak on the item, the Council will listen to their comments. If more than two persons at the meeting desire to speak on an item, the Council may reschedule the item on the agenda of a subsequent meeting. G. With Council approval, Mayor may schedule Council review of agenda items out of their prescribed order on the printed agenda. H. Significant proposed changes to City ordinances shall be set for public hearing. I. The Council Member making a motion shall either restate the motion or have the City Clerk restate the motion, before the vote, to clarify the motion for the public and staff. J. Council Members should not get into a debate with a member of the public or staff at a Council meeting. K. The City Council will, on a quarterly basis, agendize and prioritize those significant items to be scheduled as future Council study session topics. L. If an applicant submits a new site plan for a development or if the City Council requests changes in the submitted site plan, the public hearing will be continued at least two weeks to allow time for staff review. M. Any written correspondence or other materials received at a City Council meeting (from the public or staff) will be documented with a receipt time and date by the City Clerk and distribution indicated. If the City Clerk does not receive a copy of the written submittal, it will not be considered to have been received or acted upon by the City Council. COUNCIL STANDARDS Page Three Section 1. OPERATION OF CITY COUNCIL MEETINGS (CON'T) N. All minutes of City Council meetings shall be composed utilizing an action -taken format; rather than a transcript format. All meetings shall be audiotaped, in their entirety, for Council, public and staff reference. City Council and Planning Commission tapes shall be retained for two years, from the date of the meeting. All other Commission and Committee meeting tapes shall retained, until the approved minutes of a meeting have been reported to the City Council. O. Any concerns by a Council Member over the performance of a City employee during a Council meeting should be privately directed to the City Manager to ensure the concern is properly addressed. Section 2. RELATIONS A. Individual Council Members will have the right to attend meetings but are cautioned about becoming involved in the meeting's discussions and/or violating the Brown Act. B. Written committee reports will be given to the Council on significant committee recommendations and/or actions. C. New ideas or suggested programs will be presented to the full Council before presenting to the media. Section 3. COUNCIL MEMBER PRESENTATIONS AT OTHER AGENCIES AND GRQUP$. A. If a member of the City Council represents the City before another governmental agency, organization, the Council Member will first indicate the majority position of the Council. Personal opinions and comments may be expressed only if the Council Member clarifies that these statements do not represent the position of the City Council. Section 4. CITY COUNCIL RELATIONSHIPS WITH CITY STAFF A. There will be mutual respect from both staff and Council - members of their respective roles and responsibilities, when expressing criticism in public session. B. In public session, City staff members will address Council members, utilizing Mayor, Councilman or Councilwoman; and, Council members will address all staff members, utilizing Mr. or Ms. rather than the person's first names. . COUNCIL STANDARDS Page Four Section 4. CITY COUNCIL RELATIONSHIPS WITH CITY STAFF CONT C. City staff acknowledge that the Council is the City's policy making body. The City Council acknowledges that staff administers the Council's policies. D. The Council, as the overall Policy body, the cit Manager responsible for the administration o of the City Departments. The overall internal administration by the City Manager is necessary in order to assure efficient and economic operations of the various departments per Council direction. E. The Council will direct the City Manager on all major or new issues. A Council Member will not initiate any action or have prepared any report that is significant in nature or initiate any project or study, without the approval of a majority of the City Council. F. All written informational material requested by individual Council Members will be submitted by staff to all Council - members with the notation indicating which Council requested the information. Member G. Council will not attempt to coerce or influence staff in the making of appointments, the awarding of contracts, the selection of consultants, the processing of development applications, or the granting of City licenses or permits. H. Mail that is addressed to the Mayor and City Council will be circulated by the City Manager to the City Council with a comment as to which staff person will be assisting the Mayor and/or Council Member in preparing a response. I• The Mayor's response, when appropriate and the original communication, will be submitted to Council members for their information. Mail addressed to individual Council Members may be responded to, by that Council Member. K. Staff team sensitivity and support is important. Once a final decision is reached by the Council, Planning Commission or other City body, it will be accepted, supported and implemented by staff. section 5. LITIGATION AND CONFTiI A`taTT a T Tfi A. C?ty Council Members will keep all written and verbal information provided on matters that are confidential, under State law, in strict confidence to insure that the City's position is not compromised. No dissemination of information or materials will be made to anyone, City Attorney, except Council Members, City Manager or Assistant City Manager. t COUNCIL STANDARDS Page Five section s. LITIGATION AND CONFIDENTIAL INFORMATION (CON'T B. If the City Council in closed session has provided direction to City staff on proposed terms and conditions for any type of negotiations whether it be related to property acquisition or disposal, a proposed or pending claims or litigation, and/or employee negotiations, all contact with the other party will be the designated City person(s) representing the City in the handling of the negotiations or litigation. A Council Member will not have any contact or discussion with the other party or its representative involved with the negotiation during this time and will not communicate any discussion conducted in closed sessions. section 6. INDIVIDUAL COUNCIL MEMBER RESPONSIBILI A. Frequent communication is an important and integral part of Council relationships and will be the standard of operation. B. Respect for each individual Council Members interpersonal style will be a standard of operation. Courtesy and sensitivity to individual points of view will be a standard of operation. C. On areas where Council Members disagree, especially on the process to be used, discussions will occur to facilitate a clear direction. D. Council approach to authority is collegial rather than individual. E. Council Members will keep an open mind on all issues. F. Individual Council Members, on matters pertaining to upcoming or anticipated items where a public hearing will be held, will maintain as near neutral position as possible to assure not only the appearance but the actual degree of openness that is attendant to our community responsibility. The City Clerk shall certify to the adoption of this Resolution. 1991. PASSED, APPROVED AND ADOPTED this 3rd day of December , COUNCIL STANDARDS Page Six I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on 3rd day of December 3, 1991, by the following vote: AYES: COUNCILMEMBERS: Miller, Forbing, M/Kim NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Papen, Werner ABSTAINED: COUNCILMEMBERS: None TYNZA BURGESS, City Clerk City of Diamond Bar City of Diamond Bar Telephone List ADMINISTRATION Robert L. Van Nort, City Manager 396-5666 Terrence L. Belanger, Assistant City Manager 396-5667 Nancy Whitehouse, Secretary 396-5666 City Council Office 396-5668 CITY CLERK 860-2489 Lynda Burgess COMMUNITY DEVELOPMENT James DeStefano, Director 396-5676 PUBLIC WORKS/CITY ENGINEER Sid Mousavi, Director 396-5673 Charles Janiel, Parks and Maintenance 396-5694 David Liu, Associate Engineer 396-5671 Anne Garvey, Engineering Technician 396-5671 Tseday Aberra, Administrative Analyst 396-5691 25 Description of Commissions/Committees Planning Commission Comprised of five members, the Planning Commission reviews all development issues (tract maps, specific plans, hillside development, etc.) to assure they conform 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, the Parks and Recreation Commission is an advisory board for the City Council on matters of Park Improvement Projects, recreation services and special events. The Commission deals with the scheduling of community sports organizations as well as City -sponsored sports activities and one-time park users. 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. Statement of Principles The proper operation of Diamond Bar government requires that: 1. Public officials be independent and impartial in their judgements and actions. 2. Decisions and policies 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. 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. 26 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 infor- mation 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. 14. Recognize that repeated disqualification demeans the value of our service to the City. If this is occurring, resignation would be appropriate. 27 �a o� W �z �v oel T56 M �a Co zo vz -Do Laac cno z �a o� �a �z �v FR DO Dn z -0o M3 m� �cn cno z �a o� �a z �v of ov z0 vz -v 0 mo o� M- m Loz O ?�D � y - ,� b o y O' YIY c WqS ca 10 R a d QM ::.. �a o� �a z �v of ov z0 vz -v 0 mo o� M- m Loz CITY OF DIAMOND BAR MEMORANDUM 1991 K143 -9 Am 11: 46 TO: Robert L. Van Nort, City Manager FROM: Sid J. Mousavi, City Engineer/Pu orks Director SUBJECT: Issues to be addressed by the City Council during the March 24, 1992 Study Session. DATE: March 6, 1992 The Traffic and Transportation Commission was requested to provide a "White Paper", a list which contains issues the commission desires the City Council to address and discuss, during a study session on March 24, 1992. As a result, provided herewith, is the "White Paper" as compiled by the Traffic and Transportation Commission. Attachment FINAL March 2, 1992 The following issues have been identified by the members of the Transportation Commission as those which should be pursued by the City during 1992 and beyond. These issues are numbered for reference only and the order in which they are presented, do not reflect any priority whatsoever. Conclude the Circulation Element; this is the tool which we are all anticipating so that we will have policy direction for future decisions. Now that there is time for review, the Transportation Commission wishes to have the Circulation Element placed on its agenda as a discussion item and allow for a specific public forum if possible. There is no intention of creating an additional approval hurdle, but the Transportation Commission should have formal input on the document which significantly impacts our activities and shapes our decisions. 2 In finalizing development and approval of the Circulation Element of the General Plan, the City should adopt the position that Tonner Canyon should be protected as a transportation corridor pending further engineering, environmental and economic evaluation. This Commission is taking neither a for or against position; we are strongly advocatint that no irrevoc#ble decisions be made until all of the issuesfre studied and facts known. ! A l r g CA ra c cn a rt /t ev' Cel c{ rc 1; nQ s 7 -¢w `� 1 The CityWh�evelop a policy with regard to funding traffic signals involving intersections of private streets bad pu is thoroughfares. At the present time, the Transportation Commission has identified at least six intersections which meet warrants for traffic signals. Of these six, two locations are intersections of private streets and public thoroughfares. Until a policy is developed for funding such intersections, recommendations regarding all of the needed signals in the City, and their relative priority, cannot be determined. At the present time, the Traffic and Transportation Commission has identified at least six intersections which currently meet signal warrants. As a general rule, traffic signals cost approximately 5100,000 per intersection. The City should specifically budget for traffic signal installation at a designated level of "X" number of intersections per year at a rate of $100,000 per intersection. The City must continue to press Caltrans for funding priority for improvements to the SR 57/SR 60 rnsat interchange. City participation and interest should be increased from a public awareness perspective. This is perhaps best achieved through City staff and Transportation Commission meetings and activities. The fact that Caltrans is now seeking approval of a completed Project Study Report (concept planning) and desires to initiate a Project Report (preliminary design) should be expressed to the citizens of Diamond Bar so that progress is perceived. The City must continue to develop the holiday shuttle as a means of proceeding with the community circulator. This effort is the basis for virtually all future transit efforts in Diamond Bar and it must be treated as a carefully planned investment (seed money) that will be repaid in the future. 7. The City should support and encourage LACTC efforts to establish commuter rail service in the San Gabriel Valley, particularly along the rail linos through Industry near Diamond Bar. As a City, we should also be trying to stimulate the interest of Diamond Bar residents by distributing information on LACTC efforts and describing the possible benefits to the City and the residents. The City should make plans to expand the Community shuttle program to access existing and proposed Park -n -Ride facilities and connect to new commuter rail stations that will be coming on-line in the San Gabriel valley in the next few years. 9. Improve interface with Foothill Transit District both from a route and relationship perspective. The City also needs to become a route information resource for local residents. This could easily be accomplished by placing a brochure kiosk in City Hall that contains route information, stop locations and times, etc... 10. The City should develop an assertive and fon ward-thinkingC'0iih Op cit fee program that identifies the future transportation system and level of service we want in the City of Diamond Bar. Using this as a basis, we should estimate the cost of the network and associate that cost with the trips that will be generated by new development within the City. Impact fees should be charged based on a "consumption" basis using vehicle miles travelled as the common denominator as opposed to the leas successful examples which try to relate specific development proposals and roadway projects on the basis of gross trips. 11. The City should set parameters for decisions and establish a schematic (at least) circulation network for Tres Hermans area together with the relationship of that network to existing Diamond Bar streets. This could include the following issues: - a model traffic ordinance - controlled access routes limits interruption to destination traffic designatedlengineered access points and driveways medians to limit conflict and improve flow - flexible, progressive traffic signal control system 1. Diamond Bar High School includes a significant amount of parking capability that could be put to use, in a partnership fashion. The City should pursue a combination Park -n -Ride with the School District at Diamond Bar High School. A facility that provides parking for both students and commuters has the potential to provide a revenue stream to the School District and meet the City's needs in terms of regional planning requirements (air quality, trip reduction, etc...) Develop regional transit system in conjunction with Chino Hills that accesses LA County and Orange County employment centers; we want buses full of people coming over Grand Ave instead of single occupant vehicles. These transit links should ultimately connect with the commuter rail stations planned by LACTC. ,i� As a City we must establish better lines of communications with school districts regarding traffic issues in and around school sites. This effort must focus on building a mutually beneficial partnership that is based on respect for the responsibilities each partner has in representing the community. We must all remember that student welfare is the only measuring tool we all have. One means of starting this process may be to host a workshop for representatives of the schools (administrators, principals, PTA) and the City (staff, Transportation Commission, and Council) to define roles, goals, opportunities, and constraints, as well as set reasonable expectations. 1i Address and develop solutions for traffic issues in and around South Pointe Middle School. This should include a thorough neighborhood traffic study which explores means of relieving potential heavy traffic impacts on Lemon Ave caused by school related traffic. 16. The City should embrace the concept of and encourages driving behavior. Diamond Bar may have once been a rural community that created the opportunity for driving in a manner of one's choosing. While we still have the rural ambience, the neighborhoods are larger, there are many more neighbors, and we all need to recognize that we are not as free to drive on our local streets in the same way as we might have in the past. The Transportation Commission has heard many complaints of poor driving behavior, that upon investigation have turned out to be our own citizens. We would encourage an awareness campaign by the City that includes topics such as the special hazards of city -driving, determination of safe speeds in city traffic, and reduction of hazards at city intersections. 17. Speed humps are frequently suggested and requested by residents as solutions to speeding traffic in their neighborhoods. Opinions are divided in available literature, previous studies, and among members of the t Transportation Commission. Based on the available information, the City should consider and formally adopt a policy position regarding application of speed humps within the City. r`f e_ol . Gtr /l ( 2fOU n J b -eV ed� ( rl t1dY 7:ro mrvr-v (2, n Li v R 1) C!TY''";R;�G CITY OF DIAMOND BAR J._ _ MEMORANDUM 1992 111".31 -9 lti 11: 46 TO: Robert L. Van Nort, City Manager FROM: Sid J. Mousavi, City Engineer/Pu �Iorks Director SUBJECT: Issues to be addressed by the City Council during the March 24, 1992 Study Session. DATE: March 6, 1992 The Traffic and Transportation Commission was requested to provide a "White Paper", a list which contains issues the Commission desires the City Council to address and discuss, during a study session on March 24, 1992. As a result, provided herewith, is the "White Paper" as compiled by the Traffic and Transportation Commission. Attachment FINAL March 2, 1992 The following issues have been identified by the members of the Transportation Commission as those which should be pursued by the City during 1992 and beyond. These issues are numbered for reference only and the order in which they are presented, do not reflect any priority whatsoever. 1. Conclude the Circulation Element; this is the tool which we are all anticipating so that we will have policy direction for future decisions. Now that there is time for review, the Transportation Commission wishes to have the Circulation Element placed on its agenda as a discussion item and allow for a specific public forum if possible. There is no intention of creating an additional approval hurdle, but the Transportation Commission should have formal input on the document which significantly impacts our activities and shapes our decisions. 2. In finalizing development and approval of the Circulation Element of the General Plan, the City should adopt the position that Tonner Canyon should be protected as a transportation corridor pending further engineering, environmental and economic evaluation. This Commission is taking neither a for or against position; we are strongly advocating that no irrevocable decisions be made until all of the issues are studied and facts known. 3. The City should develop a policy with regard to funding traffic signals involving intersections of private streets and public thoroughfares. At the present time, the Transportation Commission has identified at least six intersections which meet warrants for traffic signals. Of these six, two locations are intersections of private streets and public thoroughfares. Until a policy is developed for funding such intersections, recommendations regarding all of the needed signals in the City, and their relative priority, cannot be determined. 4. At the present time, the Traffic and Transportation Commission has identified at least six intersections which currently meet signal warrants. As a general rule, traffic signals cost approximately $100,000 per intersection. The City should specifically budget for traffic signal installation at a designated level of "X" number of intersections per year at a rate of $100,000 per intersection. 5. The City must continue to press Caltrans for funding priority for improvements to the SR 57/SR 60 interchange. City participation and interest should be increased from a public awareness perspective. This is perhaps best achieved through City staff and Transportation Commission meetings and activities. The fact that Caltrans is now seeking approval of a completed Project Study Report (concept planning) and desires to initiate a Project Report (preliminary design) should be expressed to the citizens of Diamond Bar so that progress is perceived. 6. The City must continue to develop the holiday shuttle as a means of proceeding with the community circulator. This effort is the basis for virtually all future transit efforts in Diamond Bar and it must be treated as a carefully planned investment (seed money) that will be repaid in the future. 7. The City should support and encourage LACTC efforts to establish commuter rail service in the San Gabriel Valley, particularly along the rail lines through Industry near Diamond Bar. As a City, we should also be trying to stimulate the interest of Diamond Bar residents by distributing information on LACTC efforts and describing the possible benefits to the City and the residents. The City should make plans to expand the Community shuttle program to access existing and proposed Park -n -Ride facilities and connect to new commuter rail stations that will be coming on-line in the San Gabriel valley in the next few years. 9. Improve interface with Foothill Transit District both from a route and relationship perspective. The City also needs to become a route information resource for local residents. This could easily be accomplished by placing a brochure kiosk in City Hall that contains route information, stop locations and times, etc... 10. The City should develop an assertive and forward -thinking impact fee program that identifies the future transportation system and level of service we want in the City of Diamond Bar. Using this as a basis, we should estimate the cost of the network and associate that cost with the trips that will be generated by new development within the City. Impact fees should be charged based on a "consumption" basis using vehicle miles travelled as the common denominator as opposed to the less successful examples which try to relate specific development proposals and roadway projects on the basis of gross trips. 11. The City should set parameters for decisions and establish a schematic (at least) circulation network for Tres Hermanos area together with the relationship of that network to existing Diamond Bar streets. This could include the following issues: - a model traffic ordinance - controlled access routes limits interruption to destination traffic designated/engineered access points and driveways medians to limit conflict and improve flow - flexible, progressive traffic signal control system 12. Diamond Bar High School includes a significant amount of parking capability that could be put to use in a partnership fashion. The City should pursue a combination Park -n -Ride with the School District at Diamond Bar High School. A facility that provides parking for both students and commuters has the potential to provide a revenue stream to the School District and meet the City's needs in terms of regional planning requirements (air quality, trip reduction, etc...) 13. Develop regional transit system in conjunction with Chino Hills that accesses LA County and Orange County employment centers; we want buses full of people coming over Grand Ave instead of single occupant vehicles. These transit links should ultimately connect with the commuter rail stations planned by LACTC. 14. As a City we must establish better lines of communications with school districts regarding traffic issues in and around school sites. This effort must focus on building a mutually beneficial partnership that is based on respect for the responsibilities each partner has in representing the community. We must all remember that student welfare is the only measuring tool we all have. One means of starting this process may be to host a workshop for representatives of the schools (administrators, principals, PTA) and the City (staff, Transportation Commission, and Council) to define roles, goals, opportunities, and constraints, as well as set reasonable expectations. 15. Address and develop solutions for traffic issues in and around South Pointe Middle School. This should include a thorough neighborhood traffic study which explores means of relieving potential heavy traffic impacts on Lemon Ave caused by school related traffic. 16. The City should embrace the concept of and encourage sportsmanlike driving behavior. Diamond Bar may have once been a rural community that created the opportunity for driving in a manner of one's choosing. While we still have the rural ambience, the neighborhoods are larger, there are many more neighbors, and we all need to recognize that we are not as free to drive on our local streets in the same way as we might have in the past. The Transportation Commission has heard many complaints of poor driving behavior, that upon investigation have turned out to be our own citizens. We would encourage an awareness campaign by the City that includes topics such as the special hazards of city -driving, determination of safe speeds in city traffic, and reduction of hazards at city intersections. 17. Speed humps are frequently suggested and requested by residents as solutions to speeding traffic in their neighborhoods. Opinions are divided in available literature, previous studies, and among members of the Transportation Commission. Based on the available information, the City should consider and formally adopt a policy position regarding application of speed humps within the City. Memorandum DATE: February 28, 1992 TO: Diamond Bar City Council FROM: Diamond Bar Planning Commission SUBJECT: Requested "White Paper" The Planning Commission is in receipt of the City Council's request, delivered via Mr. Van Nort, to prepare a "white paper" outlining the Commission's thoughts on the problems and solutions facing the City of Diamond Bar. This task has caused the Commission some distress due to its non-specific nature. Several Commissioners have interpreted the request to be in the nature of "nuts and bolts" issues and others have seen the goal as being more philosophical in nature. This memorandum serves as an integration of both of these approaches. It is our hope that the contents provide the Council with information that is responsive to the original request and helpful to the Council in its planning efforts. PRACTICAL ISSUES Traffic - What is the City Council's Policy on traffic control? Do we reclaim the local roads for more local use? Do we at least restrict use of our City as a by-pass or throughway? Is this best accomplished by actions in Diamond Bar or by encourage- ment of traffic mitigation measures external to the City limits? Most likely, some combination will be needed. Most important is the need to establish the will to seek such solutions and integrate these solutions into our ongoing planning, financing and capital improvement activities. 2. Code Enforcement - City ordinances should be enforced in a consistent and uniform manner. We may, for example, all struggle through months of hearings on the sign ordinance but if there is not the means or the will to enforce it, the effort is wasted and, worse, community trust is eroded. Who is responsible for the gorilla? Diamond Bar City Council February 28, 1992 Page 2 3. Use of Consultants - Use of consultants should be moderated by the judicious use of the information and experience available from other similar and/or neighboring cities. To the extent that consultants are used, their product should be carefully monitored and their activities directed so that the City gets maximum value for its money. It is not necessary to do more than resurrect the obvious: the City of Diamond Bar's GPAC program was seriously handicapped in major part because the City's consulting firm did not analyze, initiate and conduct the program with an appreciation of the impacts of Law, Policy and Politics. Hence, the strong grass-roots political criticisms. 4. Formation of a Redevelopment Agency - RDA's are scrutinized much more carefully and have many fewer options than in past years. An RDA does, however, continue to provide a level of flexibility and financial wherewithal that cannot be found otherwise. 5. Architectural Review - A definitive set of architectural review guidelines is needed to assure an appropriate level of review. To produce these guidelines, the City will need to make some hard decisions. These include whether a Citywide architectural or design theme is desired; how much diversity in design is desired; and how greatly does the City wish to limit individual design perogatives. This is an important issue and should be considered quickly. Because it is an issue that is complicated and very community oriented, use of an appropriate consultant should be considered and budgeted. A policy of cooperation with these associations and a plan for producing this cooperation will not only aid the coordination of reviews but should create a sense of oneness with these smaller, more community based organizations. 6. Direction From City Council to Planning Commission - The City Commissions need more direction from Council. The City Council, as the elected representatives of the citizens, is the group which must create policy, not the various Commissions. To date, there has been little proactive communication from the Council down to the Planning Commission. Is it the Council's policy, for instance, that apartments are a land use that is seen to be in excessive abundance and should be discouraged? Or that churches are seen as a threat to the supply of income producing zoning areas? While it would be inappropriate for the City Diamond Bar City Council February 28, 1992 Page 3 Council to direct the actions of the Planning Commission, a greater level of communication would greatly reduce friction between the bodies. 7. Improve communication between City government and Diamond Bar Citizens. PHILOSOPHICAL ISSUES What does the Council see as Diamond Bar's future? There needs to be a philosophy or personality of the City of Diamond Bar. Land use issues, development codes and sign ordinances are vital to the workings of the City but so far, these implementation tools are being crafted and used without a clear sense of what the City of Diamond Bar sees itself as being or becoming. The following are some examples of goals and issues that could serve to establish the identity of Diamond Bar. A. Diamond Bar should include well equipped and well maintained parks as well as a broad program encompassing the arts and other cultural events involving all public and private facilities and entities. These parks should by operated by a recreation department and programs of education, recreation and sports participation should be abundant and well run. B. Diamond Bar should consider taking responsibility and ownership (legal or moral) of the hillsides and other non -park open spaces and manage them to preserve and enhance their character. These open spaces will continue to exist due to the topographic nature of our City and we should make them valued assets to the community, not see them as nuisances to be avoided or ignored. C. We should make education and development of our children a priority. Cities like San Marino do not have consistently higher test scores, graduation rates and college entrance rates just because the families are wealthy. To a great degree it is caused by a community attitude that fosters and expects superior performance from the students, the schools and the parents. We should work with the two school districts and private schools in town to seek the enhancement of our children's education. If the districts are unable or unwilling to work with us, a separate Diamond Bar School District may be a necessary goal. D. The goal of working with the AQMD to allow the City of Diamond Bar to be a "test lab" or model City is terrific. We should expand that goal, however. Because we have good access and a centralized geographic location, Diamond Bar can act as a headquarters for other regulatory agencies in Southern California. Agencies such as SCAG, EPA, U.S. Army Corps of Engineers, California Dept of Fish and Game, Water Quality Control Board & CALEPA come to mind. While their facilities are tax exempt, the jobs Diamond Bar City Council February 28, 1992 Page 4 generated from such agencies are numerous. The presence of these types of agency and the City's active participation in their proposed or existing programs can bring pride to the community; and, in many cases, money for pilot programs, another source for expansion of our children's horizons. E. The ongoing interaction of residents and the City government can, if, correctly handled, foster respect and positive feelings toward the community. uch of the animosity seen in public hearings is a result of uncertainty by the public as mu`h as it is indicative of specific concerns. If the City makes an effort to establish a clear direction and philosophy and makes that direction visible and well understood by the citizens, these citizens will have less cause to be distrustful and antagonistic. F. Fiscally speaking, a developmentally well balanced community should generate a level of income that will sustain the basic service levels of that community. The additional services and amenities discussed above are supportable through benefit districts and user fees. While a large, costly program or project would meet with opposition, this may be overcome by starting small and building the community's support and confidence with success. Services that are to be provided by the City should be supported by user fees which are equally assessed and geared to making the programs self supporting. DS:rb 2/diabar.mem [misc.dir] CITY OF DIAMOND BAR PARKS AND RECREATION COMMISSION COMMISSION HANDBOOK Revised March 12, 1992 CITY OF DIAMOND BAR PARRS AND RECREATION COMMISSION HANDBOOK Table of Contents I. INTRODUCTION.......................................1 II. GENERAL INFORMATION CityHistory ......... ........................2 Diamond Bar's Form of Government .............2 City Advisory Bodies ..........................3 City Staff....................................3 III. COMMISSION MEMBERSHIP AND OPERATIONS Membership....................................4 Officers.....................................4 Vacancies.....................................5 Quorum........................................5 Meetings......................................5 AgendaFor Meetings ...........................6 Compensation..................................7 Reimbursement.................................7 Staff Liaison.................................7 IV. COMMISSION ROLE Purpose.......................................8 Duties........................................8 MeetingProcedures ............................9 Motions......................................14 Resolutions..................................16 Voting....... ...........................17 Staff Responsibilities .......................18 Staff Requests Procedures .................... 18 Minutes......................................19 Commission Recommendations ...................19 Relations with City Council, Commissions, and Committees...............................19 V. LEGAL RESTRAINTS The Brown Act.. 20 Conflict of Interest .........................20 Disqualification from Commission Decisions....................................20 Public Record Law ............................ 21 Discrimination and Equal Protection .......... 21 DueProcess..................................21 VI. PARKS AND RECREATION ACTIVITIES Park Facilities..............................22 School Facilities ............................24 Other Recreation Facilities .............. ..24 Recreation Opportunities .....................25 VII. APPENDIX Diamond Bar Organizational Chart.............27 City Council Standards of Operation Resolution 91-71 .............................28 City Telephone List ............ .............29 Description of Commissions/Committees ........ 30 Statement of Principles ......................30 Policies for Service .........................30 I. INTRODUCTION This handbook is intended to give you an orientation of your role as a Parks and Recreation Commissioner. It includes an overview of the Commission's role and responsibilities and the structure and procedures of Diamond Bar's Municipal Government. The handbook will also provide an overview of the Parks and Recreation programs. Diamond Bar Commissioners are vital to the City's organization and its efforts to meet the needs and interests of the Community. It is hoped this handbook will assist you as a member of the team. The City Council and staff are most appreciative of your time and efforts. 1 II. GENERAL INFORMATION History of Diamond Bar As with many Southern California communities, Diamond Bar's recorded history began with a 4340 -acre Spanish land grant deeded by Governor Alvardo to Jose del la Luz. The land was divided into parcels which changed hands many times prior to 1900. In 1918, Frederick E. Lewis bought most of the original Rancho Los Nogales area to establish a cattle ranch and registered the Brand of Diamond Bar with the Department of Agriculture. In 1956, Transamerica Corporation paid $10 million to purchase 8,000 acres of Diamond Bar Ranch from the Bartholome Family. 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 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. Between 1964 and 1989, the DBIA represented the community before various county agencies on matters of development and accepted responsibility for enforcing covenants, conditions and restrictions (CC&R's) on the deeds of all 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. Diamond Bar is a typical suburban bedroom community with limited commercial or industrial land. Commercial acreage is primarily developed with uses designed to serve residents of the community. Today's Diamond Bar is a young, upscale residential community of about 54,000 situated among meandering hills and valleys of Brea Canyon. Covering 14.77 square miles, it is 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 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. N Diamond Bar's organizational structure consists of a mayor and a mayor pro -tem selected 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 established by City ordinance of a permanent nature. The duties, responsibilities and scope of authority are set forth in the enabling ordinance. The other type of advisory body 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. City Staff City Manager - Is responsible for the administration of the City's government. He is appointed by the City Council, serves as the City's Treasurer and appoints department heads and employees to provide services to the community. City Clerk - The City Clerk has the responsibility 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/Public Works. The City contracts for Police, Fire Services and Building and Safety. Department Directors and contractors are responsible to the City Manager. The City Manager directs the work of all departments by direction of the City Council. M III. COMMISSION MEMBERSHIP AND OPERATIONS Membershi The Parks and Recreation Commission consists 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 fails to make an appointment within thirty days of a vacancy, a majority of the City Council shall appoint to fill the unexpired term of the vacancy. The terms of office for the Commission shall be two -years expiring on February 28th of even numbered years. 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 selected the Commissioner is no longer on the City Council. That position will be deemed vacant and available for appointment for the otherwise unexpired term, if any. Officers The Parks and Recreation Commission shall, at its first regular meeting in March of each calendar year, elect a Chairperson and Vice -Chairperson from among its appointed members for a term of one year. The Commission may create and fill such other offices as may be deemed necessary. Chairperson - The Chairperson shall be the Presiding Officer at all meetings of the Commission. In the absence of the Chairperson, the Vice Chairperson shall preside. In the absence of both the Chairperson and the Vice -Chairperson, the Commission shall elect a temporary Presiding Officer to serve until the arrival of the Chairperson or Vice -Chairperson or until adjournment. The Chairperson shall sign resolutions and documents approved by the Commission at meetings when he or she is in attendance. In the event of his or her absence, the Vice -Chairperson shall sign all such documents as have been adopted and approved. In the absence of the Chairperson and the Vice -Chairperson, the temporary Presiding Officer shall sign all such documents as have been approved and adopted during the meeting at which he or she presided. The Chairperson or Presiding Officer is responsible for the maintenance of order and decorum at all times. No person should be allowed to speak who has not first been recognized by the Chair. All questions and remarks should be addressed to the Chair. 4 Vice -Chairperson - The Vice -Chairperson, in the Chairperson's absence or inability to act, shall take the place of and perform all duties of the Chairperson. The Chairperson may appoint special subcommittees of less than a quorum of the Commission. Subcommittees may then meet to carry out their assigned tasks and meetings will be arranged by staff. Vacancies If a vacancy occurs, other than by expiration of a term, an appointment to fulfill the unexpired remainder of the term shall be made within thirty days by the Councilmember who appointed, or had the opportunity to appoint, the Commissioner whose position was vacated. If that Councilmember fails to appoint within the thirty -day period, a majority of the City Council shall appoint to fill the vacancy. 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 meetings in any one (1) year, the office of said Commissioner shall thereupon be deemed vacant and the Secretary to the Commission shall immediately inform the City Council thereof. 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 City Council. Quorum A quorum consists of a majority (3) of the members of the Commission and is sufficient to conduct business. Motions may be passed 2-1 if only 3 Commissioners are in attendance. 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, if he/she knows in advance that his or her attendance is not possible, he or she should notify the Commission Secretary. If a majority of Commissioners will not be present to allow for a quorum, staff representatives and 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 - The Parks and Recreation Commission meets on the fourth Thursday of each month at 7:00 p.m. in the Hearing Room at South Coast Air Quality Management District at 21865 5 Copley Dr. as specified in a Resolution adopted by the Commission. The meeting time and place may be changed with 24- hour notice duly given to the public and media 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 of adjournment must be posted near the door of the room where the meeting was held within 24 hours of said adjournment. Any meeting may be adjourned to a time, place, and date certain, but not beyond the next regular meeting. Once adjourned, the meeting may not be reconvened. Special Meetings - Special meetings shall be open to the public and held at such time and place as the Commission determines. Special meetings may be called by the Chairperson or majority of Commissioners or the Secretary 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 pursuant to Section 54956 of the California Government Code. Study Sessions - Study sessions, often called "work sessions", are usually informal, though public. They are usually scheduled as adjourned regular meetings and have a separate agenda. Notice of all meetings shall be made pursuant to California Government Code Sections 54950, et seq., and agendas shall be posted as required by law. All regular and adjourned meetings, study sessions and special meetings of the Commission shall be open to the public. Agenda for Meetings The Commission Secretary is responsible for preparation and distribution of the agenda and supporting documents prior to each meeting. The Order of Business of each meeting shall be as contained in the Agenda prepared by the Secretary. The Agenda shall be a listing by topic of subjects which shall be taken up for consideration and disposition in the order established by Commission policy. However, with the unanimous consent of the Commission, items may be taken out of order. Any person wishing to place an item on the Agenda shall advise the Secretary no later than 12:00 Noon on Wednesday preceding the meeting at which he or she wishes the item to be considered. No 6 matters other than those on the Agenda shall be finally acted upon by the Commission; provided, however, that matters not on the Agenda but deemed to be emergencies or of an urgent nature by any Commissioner, the City Manager or the Secretary may be submitted for Commission consideration and action in accordance with state law. The Commission packet will be available by 4 P.M. on the Monday preceding the Commission meeting on Thursday. Compensation The Commission will be compensated for attending regularly scheduled, adjourned or special meetings, the amount therefor to be established by Resolution of the City Council. The Commission Secretary is responsible for processing warrants for payments and Commissioners will be paid on a monthly basis. Each Commissioner has the right and opportunity to waive his or her right to be compensated and a letter of waiving that right must be sent to the City Manager. Reimbursement The Commission may receive reimbursement for travel, meals, lodging and related expenses incidental to the performance of their official duties, including attendance at seminars, conferences or training courses. Prior approval is required to be obtain from the City Council for attendance at seminars or conferences. All other expenses require City Manager approval. Said expenses may by advanced to Commissioners or otherwise paid in accordance with policies established by City Council. The Secretary to the Commission will handle all paperwork necessary to receive compensation. Staff Liaison The Assistant City Manager shall be the Secretary to the Parks and Recreation Commission. 7 IV. COMMISSION ROLE Purpose As defined in City Council Ordinance No. 24 (1989), the purposes of the Commission will 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 present 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. e 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 are recommended for the efficient conduct of meetings: Call to order: Every meeting shall be called to order by the Presiding Officer. In the absence of both the Chairperson and Vice -Chairperson, the meeting shall be called to order by the Secretary, whereupon the Secretary shall immediately call for the selection of a temporary Presiding Officer. Roll Call: The order of roll call shall Chairperson called last, and the names of those present in Public Comments: be alphabetical with the the Secretary shall enter the Minutes. Public Comments is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Commission on items or matters of interest to the public that are not already scheduled for consideration on the agenda. The speaker may complete a voluntary request to address the Commission form and hand same to the Secretary. Consent Calendar: All matters under consent items on the agenda are considered routine and will be acted upon without discussion unless a Commission member 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 Consent Calendar and place it for separate consideration. Presentation by Members of the Commission Any Commissioner may bring before the Commission any new business. These matters need not be specifically listed on the Agenda, but action on such matters must be deferred until a subsequent meeting unless acted upon pursuant to California Government Code Section 54954.2. Points of Order The Presiding Officer shall determine all Points of Order subject to the right of any member to appeal to the Commission. If any appeal is taken, the question shall be "Shall the decision of the Presiding Officer be sustained?" in which event a majority vote shall govern and conclusively determine such question of order. Decorum and Order - commission Members Every Commissioner desiring to speak shall address the Chair and, upon recognition by the Presiding Officer, shall confine himself or herself to the question under debate. Every Commissioner desiring to question the administra- tive staff shall address his or her question to the Secretary who shall be entitled either to answer the inquiry directly or to designate some member of staff for the purpose. A Commissioner, once recognized, shall not be interrupted while speaking unless called to order by the Presiding officer, unless a Point of Order is raised by another Commissioner or unless the speaker chooses to yield to questions from another Commissioner. If a Commissioner is called to order while speaking, he or she shall cease speaking immediately until the question of order is determined. If ruled to be in order, he or she shall be permitted to proceed. If ruled to be not in order, he or she shall remain silent or shall alter his or her remarks so as to comply with rules of the Commission. Commission Members shall accord the utmost courtesy to each other, to City employees, and to the public appearing before the Commission and shall refrain at all times from rude and derogatory remarks, reflections 10 as to integrity, abusive comments and statements as to motives and personalities. Any Commissioner may move to require the Presiding Officer to enforce the rules, and the affirmative vote of a majority of the Commission shall require him or her to so act. Members of the Commission shall not leave their seats during a meeting without the consent of the Presiding Officer. Participation of Presiding Officer The Presiding Officer may move, second, and debate from the Chair, subject only to such limitation of debate as are imposed on all Commission Members, and shall not be deprived of any of the rights and privileges of a Commission Member by reason of acting as Presiding Officer. However, the Presiding Officer is primarily responsible for the conduct of the meeting. If he or she desires to personally engage in extended debate on questions before the Commission, the Presiding Officer should consider turning the Chair over to another member. Decorum and Order - Employees Members of the Administrative Staff and employees of the City shall observe the same rules of procedure and decorum applicable to members of the Commission. The Secretary shall insure that all City employees observe such decorum. Any staff member, including the Secretary, desiring to address the Commission or members of the public shall first be recognized by the Chair. All remarks shall be addressed to the Chair and not to any one individual Commissioner or public member. Decorum and Order - Public Public members attending Commission meetings shall observe the same rules of order and decorum applicable to the Commission. Any person making impertinent and slanderous remarks or who becomes boisterous while addressing the Commission or while attending the Commission meeting shall be removed from the room it the sergeant -at -arms is so directed by the Presiding Officer, and such person may be barred from further audience before the Commission. Unauthorized remarks from the audience, stamping of feet, whistles, yells, and similar demonstrations shall not be permitted by 11 the Presiding Officer, who shall direct the sergeant - at -arms to remove such offenders from the room. Aggravated cases shall be prosecuted on appropriate complaint signed by the Presiding Officer. Enforcement of Decorum The Secretary shall be ex -officio sergeant -at -arms of the Commission and shall carry out all orders and instructions given him or her by the Presiding Officer for the purpose of maintaining order and decorum. Any person disrupting Commission proceedings may be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by fine or imprisonment or both. Upon instructions form the Presiding Officer, it shall be the duty of the Secretary or his or her representative to eject any person from the meeting. Personal Privilege The right of a member to address the Commission on a question of personal privilege shall be limited to cases in which such member's integrity, character, or motives, are assailed, questioned, or impugned. Personal Interest No member prevented from voting by personal interest shall remain on the dias during the debate and vote on any such matter, unless permitted by the Chair. In the event of such conflict, the member shall publicly state the grounds for the record and upon acceptance by the Chair shall leave his or her seat during debate on the issue. Limitation of Debate No member shall be allowed to speak more than once upon any one subject until every other member choosing to speak thereon shall have spoken. No member shall speak for a longer time than five minutes each time he or she has the floor, without the approval of majority vote of the Commission. Dissents and Protests Any member shall have the right to express dissent from or protest any action of the Commission and have the reason entered in the minutes. Such dissent or protest to be entered in the minutes shall be make in the following manner: "I would like the minutes to show 12 that I am opposed to this action for the following reasons...". Procedures in Absence of Rules In the absence of a rule to govern a point of procedure, Robert's Rules of Order shall govern. Manner of Addressing the Commission Any person desiring to address the Commission shall proceed to the podium and wait to be recognized, he or she shall state his or her name and address for the record and shall limit his or her remarks to the questions under discussion. All remarks and questions shall be addressed to the Chair and not to any individual Commission Member, staff member or other person. No person shall enter into any discussion without being recognized by the Presiding officer. Time Limitation Any public member addressing the Commission shall limit his or her address to five (5) minutes unless further time is granted by the Chairperson. Addressing the Commission after Motion is Made After a motion has been made or after a public hearing has been closed, no person shall address the Commission without first securing permission by a majority vote of the Commission. Written Correspondence The Secretary is authorized to receive and open all mail addressed to the Commission as a whole and give it immediate attention to the end that all administrative business referred to in said communications and not necessarily requiring Commission action may be disposed of between meetings. Any communication requiring action will be reported to the Commission at its next regular meeting together with a report and recommendation of the Secretary. Regular Agenda Items - • Announce the item and what is to be discussed. • Ask staff to present the report. • Ask the Commission if they have questions for staff. • open the item for public discussion. 13 Motions • Invite those in favor of the item to speak. • Invite those in opposition to the item to speak. • Ask 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 questions for staff or public. • Turn the item over to the Commission for discussion. • After a motion is made and seconded, the matter may be discussed by the Commission. If there is no second, the motion dies. Amendments may be made by proposal of new motions but are only effective upon receiving a second. Discussion of an amendment may only take place after a motion has been made and seconded. The amendment must be voted upon by the entire Commission and if defeated, then the original motion will be voted upon. The substance of a motion is presented by the moving Commissioner, requires a second, and normally only requires a majority or a quorum (like most resolutions). A roll call vote is not necessary, but a roll call in all instances is appropriate. Processing of Motions When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. A motion shall not be withdrawn by the mover without the consent of the member seconding it and the approval of the Commission. Motions Out Of Order The Presiding Officer may at any time, by majority consent of the Commission, permit a member to introduce an ordinance, resolution, or motion out of the regular Agenda order. Division of Question If the question contains two or more divisible propositions, the Presiding Officer may, and upon request of a member shall (unless appealed), divide the same. 14 Precedence of Motions When a motion is before the Commission, no motion shall be entertained except the following which shall have precedence in the following order: a. Adjourn b. Fix hour of Adjournment C. Table d. Previous Question e. Amend f. Postpone Motion to Adjourn (not debatable) A motion to adjourn shall be in order at any time except as follows: a. When repeated without intervening business or discussion, b. When made as an interruption of a member while speaking, c. When the previous question has been ordered, and d. While a vote is being taken. A motion to adjourn "to another time" shall be debatable only as to the time to which the meeting is adjourned. Motion to Fix Hour of Adjournment Such a motion shall be to set a definite time at which to adjourn and shall be undebatable and unamendable except as to time set. Motion to Table A motion to table shall be used to temporarily by-pass the subject. A motion t table shall be undebatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be "taken form the table" at any time prior to the end of the next regular meeting. Motion for Previous Question Such a motion shall be used to close debate on the main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion. 15 Motion to Amend A motion to amend shall be debatable only as to amendment. A motion to amend an amendment shall be in order, but an amendment to amend an amendment to an amendment shall not be in order. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be order. A substitute motion on the same subject shall be acceptable, and voted on before a vote on the amendment. Amendments shall be voted first, then the main motion as amended. Motion to Continue Motions to continue to a definite time shall be amendable and debatable as to propriety of postponement and time set. Resolutions Resolutions should be in written form before the Commission. The appropriate motion is I move that Resolution No. be adopted." Reading of the title is not legally required. Upon seconding, a vote is taken. A roll call vote is the desirable procedure on all resolutions. Resolutions Prepared in Advance Where a resolution has been prepared in advance, the procedure shall be: motion, second, discussion, vote and result declared. It shall not be necessary to read a resolution in full or by title except to identify it. Any member may call for a roll call vote or require that the resolution be read in full. Resolutions Not Prepared in Advance Where a resolution has not been prepared in advance, the procedure shall be to instruct the staff to prepare a resolution for presentation at the next meeting as follows: motion, second, "no objections? - so ordered". Urgency Resolutions In matters of urgency a resolution may be presented verbally in motion form together with instructions for written preparation for later execution. After the resolution has been verbally stated, the voting procedure for resolutions prepared in advance shall be 16 Voting followed. Urgency resolutions shall be avoided except when absolutely necessary. Question to be Stated The Presiding Officer may verbally restate each question immediately prior to calling for the vote. Following the vote, the Presiding officer may verbally announce whether the question carried or was defeated. The presiding Officer may also publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business. Voting Procedure On the passage of every motion, the vote shall be taken by voice or roll call and entered in full upon the record. The order of voting shall be alphabetical with the Chairperson voting last. Roll Call voting Resolutions shall be considered by roll call vote. Any other questions before the Commission shall not require a roll call vote unless demanded by any member before the negative has been put. It shall not be in order for members to explain their vote during roll call. Any member may change his or her vote before the next order of business. Failure to vote Every member shall vote unless disqualified for cause accepted by vote of the Commission or by opinion of the City Attorney. Self -disqualification, without approval, which results in a tie vote shall be avoided as thwarting Commission action, but no Commission member who abstains shall in effect consent that a majority of the quorum may act for him or her. Tie votes shall be lost motions and may be reconsidered. Reconsideration Any member who voted with the majority may move a reconsideration of any action at the same meeting. After a motion for reconsideration has once been acted on, no other motion for reconsideration thereof shall be made without unanimous consent of the Commission. 17 Staff Responsibilities The Assistant City Manager lends technical support to the and serves as the Secretary to the Commission. He or she provides the data, information and professional counsel to the Commission while serving as liaison between policy formulation and implanta- tion of same through administrative procedures. The Assistant City Manager is primarily responsible for administering the day-to-day operation and functions of the Parks and Recreation Departments within the policies and guidelines as established by the City Council and the City Manager. It is also the responsibility of the Assistant City Manager to function as communicator between staff, the Commission and the City Manager. The Assistant City Manager will facilitate clear, concise and efficient communication of all direct questions, comments, and requests for information between the Commission, City Manager and staff as well as similar requests between individual Commission members and individual staff. The City Manager will assign additional staff to assist the Commission in a technical and professional capacity, as needed. It is not expected that every staff recommendation will be full followed; however, because of staff's technical knowledge, consideration should be given to their recommendations. Staff members make objective recommendations without consideration of personal or political consequences. Following a staff report or recommendation to the Commission, staff is at liberty to make the same recommendation to the City Council via the City Manager, even though the Commission may have taken a different position. Staff Requests Procedures All Commissioners' requests for information from 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 request an emergency, and time allows, he shall attempt to obtain the Chairpersons's approval to direct the request to the Assistant City Manager. If the Chairperson is unavailable, then the Commissioner may directly contact the Assistant City Manager. The Assistant City Manager 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. 18 Minutes Commission meetings, transcribed and Minutes are taken at all included in the following agenda packet. Once approved, the ir minutes are forwarded to the City as the officialnrecord cil rfor ethe lParks aand n. Minutes are then kept public review. Recreation Commission's actions and are open for of the previous meeting is Unless the reading of the minutes such minutes may be Of the Commission, requested by a majority approved without reading if the Secretary thereof. previously h has as furnished each Commissioner with a copy The minutes shall consist of a clear mand concise statement of each and every action including or voting, debate and thereon. Reasons for making a mirrelevant for purposes of the audience reaction are generally minutes. Such items may be included if considered rybetsecretary in particularly relevant or otherCommissionsanythe final instance. the first instance and by exclusive responsiblin the minutesfor tlon The Secretary shall have of the minutes, and any directions for changes shall be made only by action of the Commission. Commission Recommendations All actions of the are ff.anAadvisory ofnature each recommendationforwarded is to the City Council by sta possible conducted by City Council and the Cagenda. Thety Manager Commissionmay placement on a future City Council agenda. only recommend items to Council that are oritynofuthe Commission. agendas and are duly voted upon by a maj It is the Assistant City Manager's responsibility to forward all Commission recommendations to the City Manager. Relations with CitV Council Commissions and Committees In areas where there is an overlap of jurisdiction between various Commissions, it is important that a liaison be developed to insure consideration of the different viewpoints minimize duplito cationsof rand committeests. Joint tmaysbelmutuallylty Council and other commissionsaddressing the beneficial whenever two bodies are simultaneously same topic. 19 V. LEGAL CONSTRAINTS 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 that 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 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 thirty (30) days of appointment and thirty (30) days after leaving office. Forms are obtained from the City Clerk's Office and must be filed with the City Clerk, no later than the due date. Disqualification From Commission Decisions As a Commissioner, if a matter in which you have a financial interest comes before the Commission on what 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 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. 20 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 involved in any 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 concerned, to be above reproach. Public Records 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 bias, predetermination, refusal to hear, etc., may invalidate a Commission action. 21 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 Evergreen Elementary School 2450 Evergreen Springs Dr. Maple Hill Elementary School 1350 Maple Hill Road Quail Summit Elementary School 23330 Quail Summit Drive Walnut Elementary School (located in Diamond Bar) 841 Glenwick Ave. South Point Middle School 20671 Larkstone Drive Chaparral Intermediate School 1405 Spruce Tree Dr. Diamond Bar High School 21400 Pathfinder Rd. Other Recreation Facilities Diamond Bar Golf Course An 18 hole, 72 -par golf course. It is open to the public and is operated by the Los Angeles County Parks and Recreation Department. The course also has club house facilities available for rent to the public. 24 Diamond Bar Little League Facilities This "park" is actually 4 improved baseball fields owned and maintained by the Diamond Bar Little League Association. "The Country" Park This oak and walnut tree dotted canyon occupies 132.7 acres within "The Country", a private gate -guarded community. The park has an equestrian center with an indoor arena, and a tennis club, 16.4 acres is developed. Diamond Bar/Walnut YMCA The Diamond Bar/Walnut YMCA has a baseball field and a community building for recreation activities. Recreation opportunities The City of Diamond Bar currently contracts with the City of Brea for Recreation Services. The contract is for contract classes, youth and adult sports, tiny tots, youth/adult excursions, and Concerts in the Park. Recreation Services are provided throughout the community in quarterly sessions. 25 VII. APPENDIX 26 0 U {! = O IWL J C d O IL • V W ! W W O 0 W � = v Oq p ! z < q! U W W i W �O m Z Z 4; o e oQ i W < i J ! Q YV h Z Y� h < 7 Z o N r Q5 h r h W r Xwo WO Z QW OZ OZ(� J O VW O< S 0 Y_ W � r 2 h ! 0 U h e h E i h W W U` W� q Cp W W Z Z Q F u < a W 1 W O> U Y W 0 O24 W O ZW W <O 6 V o Z 7 O V 061 a 4 ! !7 m e 1 1 RESOLUTION NO. 91-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING CITY COUNCIL STANDARDS OF OPERATION WHEREAS, it is important to the successful operation of any public organization that standards be established to define the roles, responsibilities and expectations of the governing board and staff in the operation of the organization; and WHEREAS, the establishment of standards. by the City Council will promote understanding and trust among members of the City Council and staff concerning their roles, responsibilities and expectations for the operation of the City; and WHEREAS, the establishment and periodic review of these City Council policy standards will assist new members of the City Council to better understand their role and responsibilities as Council Members. NOW, THEREFORE, BE IT RESOLVED by the City of Diamond Bar as follows: section 1. OPERATION or CITY COUNCIL MEETINGS A. The Council shall meet the first and third Tuesdays of each month, commencing at 6:00 p.m. If the Council desires to proceed past 11:30 p.m., the Council, at 11:00 p.m., will determine which issues will be completed at that meeting and which items will be continued to the next Tuesday meeting. B. Public Comments are to be scheduled for 6:00 p.m., immediately following the Flag Salute, Roll Call and Council Comments. C. No action is to be taken on items raised under Public Comments. Besides oral requests, citizens- may also be requested to put concerns in writing, if that the item(s) is to be agendized, for a later Council meeting date, at the discretion of the Council and City Manager. D. At the beginning of the meeting, if there are a number of people requesting to speak on a particular subject under Public Comments, the Mayor may request that there be a spokesperson and that the others limit their comments, speak at the end of the meeting or contact Council or City Manager. This does not apply to scheduled agenda items. COUNCIL STANDARDS Page Two Section 1. OPERATION OF CITY COUNCIL MEETINGS (CON'TI E. In order to ensure that all members of the public have an opportunity to speak, pertaining to issues that are not on the meeting agenda, and that the Council is able to complete the public's business, there shall be a five-minute limitation on comments by the public unless otherwise prohibited by law. The Mayor will be responsible for enforcing the time limits as suggested. Any Council Member may request an extension of the five-minute time limitation. If the Council concurs that the nature of the issue warrants an extension of time, the time limit may be extended. F. The Council will not hold a public hearing on items scheduled under Departmental Reports or Council Concerns. If just one or two people desire to speak on the item, the Council will listen to their comments. If more than two persons at the meeting desire to speak on an item, the Council may reschedule the item on the agenda of a subsequent meeting. G. With Council approval, Mayor may schedule Council review of agenda items out of their prescribed order on the printed agenda. H. Significant proposed changes to City ordinances shall be set for public hearing. I. The Council Member making a motion shall either restate the motion or have the City Clerk restate the motion, before the vote, to clarify the motion for the public and staff. J. Council Members should not get into a debate with a member of the public or staff at a Council meeting. K. The City Council will, on a quarterly basis, agendize and prioritize those significant items to be scheduled as future Council study session topics. L. If an applicant submits a new site plan for a development or if the City Council requests changes in the submitted site plan, the public hearing will be continued at least two weeks to allow time for staff review. M. Any written correspondence or other materials received at a City Council meeting (from the public or staff) will be documented with a receipt time and date by the City Clerk and distribution indicated. If the City Clerk does not receive a copy of the written submittal, it will not be considered to have been received or acted upon by the City Council. COUNCIL STANDARDS Page Three Section 1. OPERATION OF CITY COUNCIL MEETINGS (CON'T) N. All minutes of City Council meetings shall be composed utilizing an action -taken format; rather than a transcript format. All meetings shall be audiotaped, in their entirety, for Council, public and staff reference. City Council and Planning Commission tapes shall be retained for two years, from the date of the meeting. All other Commission and Committee meeting tapes shall retained, until the approved minutes of a meeting have been reported to the City Council. O. Any concerns by a Council Member over the performance of a City employee during a Council meeting should be privately directed to the City Manager to ensure the concern is properly addressed. • A. Individual Council Members will have the right to attend meetings but are cautioned about becoming involved in the meeting's discussions and/or violating the Brown Act. B. Written committee reports will be given to the Council on significant committee recommendations and/or actions. C. New ideas or suggested programs will be presented to the full Council before presenting to the media. Section 3. COUNCIL MEMBER PRESENTATIONS AT OTHER AGENCIES AND GROUPS A. If a member of the City Council represents the City before another governmental agency, organization, the Council Member will first indicate the majority position of the Council. Personal opinions and comments may be expressed only if the Council Member clarifies that these statements do not represent the position of the City Council. Section 4. CITY COUNCIL RELATIONSHIPS WITH CITY STAFF A. There will be mutual respect from both staff and Council - members of their respective roles and responsibilities, when expressing criticism in public session. B. In public session, City staff members will address Council members, utilizing Mayor, Councilman or Councilwoman; and, Council members will address all staff members, utilizing Mr. or Ms. rather than the person's first names. _ COUNCIL STANDARDS Page Four Section 4. CITY COUNC L RELATIONSHI S WITH CITY STAFF CONT C. City staff acknowledge that the Council making body. is the City's policy The City Council acknowledges that staff administers the Council's policies. D. The Council, as the overall Policy body, Manager responsible for the administration o of the Citthe y Departments. The overall internal administration by the City Manager is necessary in order to assure efficient and economic operations of the various departments per Council direction. E. The Council will direct the City Manager on all major or new issues. A Council Member will not initiate any action or have prepared any report that is significant in nature or initiate any project or study, without the approval of a majority of the City Council. F. All written informational material requested by individual Council Members will be submitted by staff to all Council - members with the notation indicating which Council Member requested the information. G. Council will not attempt to coerce or influence staff in the making of appointments, the awarding of contracts, the selection of consultants, the processing of development applications, or the granting of City licenses or permits. H. Mail that is addressed to the Mayor and City Council will be circulated by the City Manager to the City Council with a comment as to which staff person will be assisting the Mayor and/or Council Member in preparing a response. I. The Mayor's response, when appropriate and the original communication, will be submitted to Council members for their information. Mail addressed to individual Council Members may be responded to, by that Council Member. K. Staff team sensitivity and support is important. Once a final decision is reached by the Council, Planning Commission or other City body, it will be accepted, supported and implemented by staff. section 5. LITIGATION AND ['n 1 TnE TT f r INF�RM�TTnu A. City Council Members will keep all written .and verbal information provided on matters that are confidential, under State law, in strict confidence to insure that the City's Position is not compromised. No dissemination of information or materials will be made to anyone, except Council Members, City Attorney, City Manager or Assistant City Manager. COUNCIL STANDARDS Page Five section s. LITIGATION AND CONFIDENTIAL INFORMATION (CON - B. If the City Council in closed session has provided direction to City staff on proposed terms and conditions for any type of negotiations whether it be related to property acquisition or disposal, a proposed or pending claims or litigation, and/or employee negotiations, all contact with the other party will be the designated City person(s) representing the City in the handling of the negotiations or litigation. A Council Member will not have any contact or discussion with the other party or its representative involved with the negotiation during this time and will not communicate any discussion conducted in closed sessions. section 6. INDIVIDUAL COUNCIL MEMBER RESPONSIBILITIES A. Frequent communication is an important and integral part of Council relationships and will be the standard of operation. B. Respect for each individual Council Members interpersonal style will be a standard of operation. Courtesy and sensitivity to individual points of view will be a standard of operation. C. On areas where Council Members disagree, especially on the process to be used, discussions will occur to facilitate a clear direction. D. Council approach to authority is collegial rather than individual. E. Council Members will keep an open mind on all issues. F. Individual Council Members, on matters pertaining to upcoming or anticipated items where a public hearing will be held, will maintain as near neutral position as possible to assure not only the appearance but the actual degree of openness that is attendant to our community responsibility. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 3rd day of December , 1991. " COUNCIL STANDARDS Page Six I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on 3rd day of December 3. 1991, by the following vote: AYES: COUNCILMEMBERS: Miller, Forbing, M/Kim NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Papen, Werner ABSTAINED: COUNCILMEMBERS: None a01-7 " , -W!�& -1-4 1 LYN BURGESS, Ci y Clerk City of Diamond Bar City of Diamond Bar Telephone List ADMINISTRATION Robert L. Van Nort, City Manager 396-5666 Terrence L. Belanger, Assistant City Manager 396-5667 Nancy.Whitehouse, Secretary 396-5666 City Council Office 396-5668 Kellee A. Fritzal, Administrative Assistant 396-5690 CITY CLERK Lynda Burgess 860-2489 COMMUNITY DEVELOPMENT James DeStefano, Director 396-5676 PUBLIC WORKS/CITY ENGINEER Sid Mousavi, Director 396-5673 Charles Janiel, Parks and Maintenance 396-5694 RECREATION Bob Rose Recreation Superintendent 396-5695 29 Description of Commissions/Committees Planning Commission Comprised of five members, the Planning Commission reviews all development issues (tract maps, specific plans, hillside development, etc.) to assure they conform 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, the Traffic and Transportation Commission reviews local traffic conditions and recommends to the City Council appropriate actions to deal with traffic congestion. 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. Statement of Principles The proper operation of Diamond Bar government requires that: 1. Public officials be independent and impartial in their judgements and actions. 2. Decisions and policies 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. 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. 30 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 infor- mation 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. 14. Recognize that repeated disqualification demeans the value of our service to the City. If this is occurring, resignation would be appropriate. 31 VI. PARRS AND RECREATION ACTIVITIES Diamond Bar Park Facilities HERITAGE PARR 2900 Brea Canyon Road Located adjacent to Castle Rock School, this 3.4 acre park is one of the oldest in the City. It contains a youth baseball diamond with lights, and a parking lot with 36 spaces. It also contains a small Community Recreation room (currently being remodeled), a half- size basketball court, picnic facilities (3 tables/3 barbecue braziers), tot lot (children's sand play area with equipment), restrooms and five drinking fountains. MAPLE HILL PARR 1309 South Maple Hill Road This 4 acre neighborhood park is located across the street from Maple Hill Elementary School. It has three lighted tennis courts, one basketball court, a tot lot, picnic facilities (10 tables/3 barbecue braziers), restrooms and tow drinking fountains. Its parking lot has 35 spaces. PAUL C. GROW PARR Quail Summit Drive at Highbluff Road This neighborhood park occupies 5.0 acres and contains a tot lot, picnic tables, and barbecue stands. This park was developed adjacent to Quail Summit School through a joint powers agreement between the City and the walnut Valley Unified School District. It has 10 parking spaces in addition to street parking. CARLTON J. PETERSON PARK 24142 East Sylvan Glen Drive Formally the Sylvan Glen County Park, the City recently completed a renovation. It occupies 9 acres. It has two (unlighted) baseball diamonds, a tot lot, picnic pavilion, 2 barbecue braziers, picnic tables, and restrooms. It has 7 acres of undeveloped hillsides and a parking lot for 48 spaces. RONALD REAGAN PARK Pathfinder Road at Peaceful Hill Road This park occupies 6 acres. It has 3 lighted tennis courts, 1 lighted basketball court, a large sand play area for children, picnic facilities (2 sheltered 22 areas, 11 tables, 2 cooking area, and 6 barbecue braziers), and restrooms. Its parking lot has 33 spaces. STARSHINE PARR 20838 Starshine Avenue This small neighborhood park occupies 2.0 acres and has a tot lot. SUMMIT RIDGE PARR Grand at Summit Ridge Road This hilltop park commands panoramic views of northern Diamond Bar, including the undeveloped Tres Hermanos and Upper Sycamore Canyon areas. It occupies 26 acres and has a baseball field, playground, tot lot, Par course (20 stations), picnic facilities (2 sheltered areas, 10 tables, and 5 barbecue braziers), 5 drinking fountains, and restrooms. Its parking lot has 53 spaces. SYCAMORE CANYON PARR 22930 Golden Springs Drive This is the largest and most natural park in the City, although 50 of its 54 acres are presently undeveloped. On its developed 4 acres, it contains one baseball diamond, a playground, picnic facilities (9 tables and 2 barbecues braziers), five drinking fountains, and restrooms. Its parking lot has 62 spaces. LARKSTONE PARK - Undeveloped Larkstone Drive at Dab Court Its 2 acres are presently undeveloped, located next to South Point Middle School. PANTERA PARK - Undeveloped Boworeek Drive at Pantera Drive This 23 acre site is across the street from a proposed Pomona Unified School District school site. 23 CITY OF DIAMOND BAR PLANNING COMMISSION COMMISSION HANDBOOK Revised March 16, 1992 CITY OF DIAMOND BAR PLANNING COMMISSION HANDBOOK Table of Contents I. INTRODUCTION.......................................1 II. GENERAL INFORMATION CityHistory ......... ........................2 Diamond Bar's Form of Government .............2 City Advisory Bodies ..........................3 City Staff....................................3 III. COMMISSION MEMBERSHIP AND OPERATIONS Membership....................................4 Officers.....................................4 Vacancies.....................................5 Quorum........................................5 Meetings......................................5 Agenda For Meetings ...........................6 Compensation..................................7 Reimbursement.................................7 StaffLiaison.................................7 IV. COMMISSION ROLE Purpose.......................................8 MeetingProcedures ............................8 Motions......................................13 Resolutions..................................15 Voting......... .............................16 Staff Responsibilities .......................17 Staff Requests Procedures .................... 17 Minutes ............... ......................18 Commission Recommendations .......... ........18 Relations with City Council, Commissions, andCommittees...............................18 V. LEGAL CONSTRAINTS TheBrown Act................................19 Conflict of Interest ...... .. ...............19 Disqualification from Commission Decisions....................................19 Public Record Law ............... ............20 Discrimination and Equal Protection .......... 20 DueProcess..................................20 VI. PLANNING ACTIVITIES Functions of Community Development ........... 21 VII. APPENDIX Diamond Bar Organizational Chart.............23 City Council Standards of Operation Resolution 91-71 .............................24 Ordinance No. 25 (1989) A,B,C................25 City Telephone List .......................... 26 Description of Commissions/Committees ........ 27 Statement of Principles ......................27 Policies for Service .........................27 I. INTRODUCTION This handbook is intended to give you an orientation of your role as a Planning Commissioner. It includes an overview of the Commission's role and responsibilities and the structure and procedures of Diamond Bar's Municipal Government. The handbook will also provide an overview of the Planning. Diamond Bar Commissioners are vital to the City's organization and its efforts to meet the needs and interests of the Community. It is hoped this handbook will assist you as a member of the team. The City Council and staff are most appreciative of your time and efforts. 1 II. GENERAL INFORMATION History of Diamond Bar As with many Southern California communities, Diamond Bar's recorded history began with a 4340 -acre Spanish land grant deeded by Governor Alvardo to Jose del la Luz. The land was divided into parcels which changed hands many times prior to 1900. In 1918, Frederick E. Lewis bought most of the original Rancho Los Nogales area to establish a cattle ranch and registered the Brand of Diamond Bar with the Department of Agriculture. In 1956, Transamerica Corporation paid $10 million to purchase 8,000 acres of Diamond Bar Ranch from the Bartholome Family. 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 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. Between 1964 and 1989, the DBIA represented the community before various county agencies on matters of development and accepted responsibility for enforcing covenants, conditions and restrictions (CC&R's) on the deeds of all 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. Diamond Bar is a typical suburban bedroom community with limited commercial or industrial land. Commercial acreage is primarily developed with uses designed to serve residents of the community. Today's Diamond Bar is a young, upscale residential community of about 54,000 situated among meandering hills and valleys of Brea Canyon. Covering 14.77 square miles, it is 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 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. 2 Diamond Bar's organizational structure consists of a mayor and a mayor pro -tem selected 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 established by City ordinance of a permanent nature. The duties, responsibilities and scope of authority are set forth in the enabling ordinance. The other type of advisory body 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. City Staff City Manager - Is responsible for the administration of the City's government. He is appointed by the City Council, serves as the City's Treasurer and appoints department heads and employees to provide services to the community. City Clerk - The City Clerk has the responsibility 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 Diamond Bar government consists of the following departments: Finance, Planning and Public Works. The City contracts for Police, Fire Services and Building and Safety. Department Directors and contractors are responsible to the City Manager. The City Manager directs the work of all departments by direction of the City Council. 3 III. COMMISSION MEMBERSHIP AND OPERATIONS Membership The Planning Commission consists 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 fails to make an appointment within thirty days of a vacancy, a majority of the City Council shall appoint to fill the unexpired term of the vacancy. The terms of office for the Commission shall be two - years expiring on February 28th of even numbered years. 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 selected the Commissioner is no longer on the City Council. That position will be deemed vacant and available for appointment for the otherwise unexpired term, if any. Officers The Planning Commission shall, at its first regular meeting in March of each calendar year, elect a Chairperson and Vice - Chairperson from among its appointed members for a term of one year. The Commission may create and fill such other offices as may be deemed necessary. Chairperson - The Chairperson shall be the Presiding Officer at all meetings of the Commission. In the absence of the Chairperson, the Vice Chairperson shall preside. In the absence of both the Chairperson and the Vice -Chairperson, the Commission shall elect a temporary Presiding Officer to serve until the arrival of the Chairperson or Vice -Chairperson or until adjournment. The Chairperson shall sign resolutions and documents approved by the Commission at meetings when he or she is in attendance. In the event of his or her absence, the Vice -Chairperson shall sign all such documents as have been adopted and approved. In the absence of the Chairperson and the Vice -Chairperson, the temporary Presiding Officer shall sign all such documents as have been approved and adopted during the meeting at which he or she presided. The Chairperson or Presiding Officer is responsible for the maintenance of order and decorum at all times. No person should be allowed to speak who has not first been recognized by the Chair. All questions and remarks should be addressed to the chair. 4 Vice-Chairperson - The Vice-Chairperson, in the Chairperson's absence or inability to act, shall take the place of and perform all duties of the Chairperson. The Chairperson may appoint special subcommittees of less than a quorum of the Commission. Subcommittees may then meet to carry out their assigned tasks and meetings will be arranged by staff. Vacancies If a vacancy occurs, other than by expiration of a term, an appointment to fulfill the unexpired remainder of the term shall be made within thirty days by the Councilmember who appointed, or had the opportunity to appoint, the Commissioner whose position was vacated. If that Councilmember fails to appoint within the thirty-day period, a majority of the City Council shall appoint to fill the vacancy. 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 meetings in any one (1) year, the office of said Commissioner shall thereupon be deemed vacant and the Secretary to the Commission shall immediately inform the City Council thereof. 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 City Council. uorum A quorum consists of a majority (3) of the members of the Commission and is sufficient to conduct business. Motions may be passed 2-1 if only 3 Commissioners are in attendance. 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, if he/she knows in advance that his or her attendance is not possible, he or she should notify the Commission Secretary. If a majority of Commissioners will not be present to allow for a quorum, staff representatives and 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 - The Planning Commission meets on the second and forth Monday of each month at 7:00 p.m. in the Auditorium at South Coast Air Quality Management District at 21865 Copley Dr. 5 as specified in a Resolution adopted by the Commission. The meeting time and place may be changed with 24-hour notice duly given to the public and media 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 of adjournment must be posted near the door of the room where the meeting was held within 24 hours of said adjournment. Any meeting may be adjourned to a time, place, and date certain, but not beyond the next regular meeting. Once adjourned, the meeting may not be reconvened. Special Meetings - Special meetings shall be open to the public and held at such time and place as the Commission determines. Special meetings may be called by the Chairperson or majority of Commissioners or the Secretary 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 pursuant to Section 54956 of the California Government Code. Study Sessions - Study sessions, often called "work sessions", are usually informal, though public. They are usually scheduled as adjourned regular meetings and have a separate agenda. Notice of all meetings shall be made pursuant to California Government Code Sections 54950, et seq., and agendas shall be posted as required by law. All regular and adjourned meetings, study sessions and special meetings of the Commission shall be open to the public. Agenda for Meetings The Commission Secretary is responsible for preparation and distribution of the agenda and supporting documents prior to each meeting. The Order of Business of each meeting shall be as contained in the Agenda prepared by the Secretary. The Agenda shall be a listing by topic of subjects which shall be taken up for consideration and disposition in the order established by Commission policy. However, with the unanimous consent of the Commission, items may be taken out of order. Any person wishing to place an item on the Agenda shall advise the Secretary no later than 12:00 Noon on Wednesday preceding the meeting at which he or she wishes the item to be considered. No matters other than those on the Agenda shall be finally acted 6 upon by the Commission; provided, however, that matters not on the Agenda but deemed to be emergencies or of an urgent nature by any Commissioner, the City Manager or the Secretary may be submitted for Commission consideration and action in accordance with state law. The Commission packet will be available by 4 p.m. on the Monday preceding the Commission meeting on Thursday. Compensation The Commission will be compensated for attending regularly scheduled, adjourned or special meetings, the amount therefor to be established by Resolution of the City Council. The Commission Secretary is responsible for processing warrants for payments and Commissioners will be paid on a monthly basis. Each Commissioner has the right and opportunity to waive his or her right to be compensated and a letter of waiving that right must be sent to the City Manager. Reimbursement The Commission may receive reimbursement for travel, meals, lodging and related expenses incidental to the performance of their official duties, including attendance at seminars, conferences or training courses. Prior approval is required to be obtain from the City Council for attendance at seminars or conferences. All other expenses require City Manager approval. Said expenses may by advanced to Commissioners or otherwise paid in accordance with policies established by City Council. The Secretary to the Commission will handle all paperwork necessary to receive compensation. Staff Liaison The Community Development Director shall be the Secretary to the Planning Commission. 7 IV. COMMISSION ROLE Purpose As defined in City Council Ordinance No. 25 (1989), the purposes of the Commission shall be: "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, California Government Code Sections 65100, et seq, and shall serve as the Advisory Agency to the City Council regarding subdivisions and non-residential parcel maps." Meeting Procedures The following steps are recommended for the efficient conduct of meetings: call to order: Every meeting shall be called to order by the Presiding Officer. In the absence of both the Chairperson and Vice -Chairperson, the meeting shall be called to order by the Secretary, whereupon the Secretary shall immediately call for the selection of a temporary Presiding Officer. Roll Call: The order of roll call shall Chairperson called last, and the names of those present in Public Comments: be alphabetical with the the Secretary shall enter the Minutes. Public Comments is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Commission on items or matters of interest to the public that are not already scheduled for consideration on the agenda. The speaker may complete a voluntary request to address the Commission form and hand same to the Secretary. Consent Calendar: All matters under consent items on the agenda are considered routine and will be acted upon without discussion unless a Commission member or member of the audience has a question or would like to discuss an item. In that event, the Chairperson will remove that 8 item from the Consent Calendar and place it for separate consideration. Presentation by Members of the Commission Any Commissioner may bring before the Commission any new business. These matters need not be specifically listed on the Agenda, but action on such matters must be deferred until a subsequent meeting unless acted upon pursuant to California Government Code Section 54954.2. Points of Order The Presiding Officer shall determine all Points of Order subject to the right of any member to appeal to the Commission. If any appeal is taken, the question shall be "Shall the decision of the Presiding Officer be sustained?" in which event a majority vote shall govern and conclusively determine such question of order. Decorum and Order - commission Members Every Commissioner desiring to speak shall address the Chair and, upon recognition by the Presiding Officer, shall confine himself or herself to the question under debate. Every Commissioner desiring to question the administra- tive staff shall address his or her question to the Secretary who shall be entitled either to answer the inquiry directly or to designate some member of staff for the purpose. A Commissioner, once recognized, shall not be interrupted while speaking unless called to order by the Presiding Officer, unless a Point of Order is raised by another Commissioner or unless the speaker chooses to yield to questions from another Commissioner. If a Commissioner is called to order while speaking, he or she shall cease speaking immediately until the question of order is determined. If ruled to be in order, he or she shall be permitted to proceed. If ruled to be not in order, he or she shall remain silent or shall alter his or her remarks so as to comply with rules of the Commission. 9 Commission Members shall accord the utmost courtesy to each other, to City employees, and to the public appearing before the Commission and shall refrain at all times from rude and derogatory remarks, reflections as to integrity, abusive comments and statements as to motives and personalities. Any Commissioner may move to require the Presiding Officer to enforce the rules, and the affirmative vote of a majority of the Commission shall require him or her to so act. Members of the Commission shall not leave their seats during a meeting without the consent of the Presiding Officer. Participation of Presiding Officer The Presiding Officer may move, second, and debate from the Chair, subject only to such limitation of debate as are imposed on all Commission Members, and shall not be deprived of any of the rights and privileges of a Commission Member by reason of acting as Presiding Officer. However, the Presiding Officer is primarily responsible for the conduct of the meeting. If he or she desires to personally engage in extended debate on questions before the Commission, the Presiding Officer should consider turning the Chair over to another member. Decorum and Order - Employees Members of the Administrative Staff and employees of the City shall observe the same rules of procedure and decorum applicable to members of the Commission. The Secretary shall insure that all City employees observe such decorum. Any staff member, including the Secretary, desiring to address the Commission or members of the public shall first be recognized by the Chair. All remarks shall be addressed to the Chair and not to any one individual Commissioner or public member. Decorum and Order - Public Public members attending Commission meetings shall observe the same rules of order and decorum applicable to the Commission. Any person making impertinent and slanderous remarks or who becomes boisterous while addressing the Commission or while attending the Commission meeting shall be removed from the room it the sergeant -at -arms is so directed by the Presiding 10 Officer, and such person may be barred from further audience before the Commission. Unauthorized remarks from the audience, stamping of feet, whistles, yells, and similar demonstrations shall not be permitted by the Presiding Officer, who shall direct the sergeant - at -arms to remove such offenders from the room. Aggravated cases shall be prosecuted on appropriate complaint signed by the Presiding Officer. Enforcement of Decorum The Secretary shall be ex -officio sergeant -at -arms of the Commission and shall carry out all orders and instructions given him or her by the Presiding Officer for the purpose of maintaining order and decorum. Any person disrupting Commission proceedings may be deemed guilty of a misdemeanor, and upon conviction thereof, shall be punished by fine or imprisonment or both. Upon instructions form the Presiding Officer, it shall be the duty of the Secretary or his or her representative to eject any person from the meeting. Personal Privilege The right of a member to address the Commission on a question of personal privilege shall be limited to cases in which such member's integrity, character, or motives, are assailed, questioned, or impugned. Personal Interest No member prevented from voting by personal interest shall remain on the dias during the debate and vote on any such matter, unless permitted by the Chair. In the event of such conflict, the member shall publicly state the grounds for the record and upon acceptance by the Chair shall leave his or her seat during debate on the issue. Limitation of Debate No member shall be allowed to speak more than once upon any one subject until every other member choosing to speak thereon shall have spoken. No member shall speak for a longer time than five minutes each time he or she has the floor, without the approval of majority vote of the Commission. Dissents and Protests Any member shall have the right to express dissent from or protest any action of the Commission and have the 11 reason entered in the minutes. Such dissent or protest to be entered in the minutes shall be make in the following manner: "I would like the minutes to show that I am opposed to this action for the following reasons...". Procedures in Absence of Rules In the absence of a rule to govern a point of procedure, Robert's Rules of Order shall govern. Manner of Addressing the Commission Any person desiring to address the Commission shall proceed to the podium and wait to be recognized, he or she shall state his or her name and address for the record and shall limit his or her remarks to the questions under discussion. All remarks and questions shall be addressed to the Chair and not to any individual Commission Member, staff member or other person. No person shall enter into any discussion without being recognized by the Presiding Officer. Time Limitation Any public member addressing the Commission shall limit his or her address to five (5) minutes unless further time is granted by the Chairperson. Addressing the Commission after Motion is Made After a motion has been made or after a public hearing has been closed, no person shall address the Commission without first securing permission by a majority vote of the Commission. Written Correspondence The Secretary is authorized to receive and open all mail addressed to the Commission as a whole and give it immediate attention to the end that all administrative business referred to in said communications and not necessarily requiring Commission action may be disposed of between meetings. Any communication requiring action will be reported to the Commission at its next regular meeting together with a report and recommendation of the Secretary. Regular Agenda Items - • Announce the item and what is to be discussed. • Ask staff to present the report. 12 Motions • Ask the Commission if they have questions for staff. • Open the item for public discussion. • Invite those in favor of the item to speak. • Invite those in opposition to the item to speak. • Ask 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 questions for staff or public. • Turn the item over to the Commission for discussion. • After a motion is made and seconded, the matter may be discussed by the Commission. If there is no second, the motion dies. Amendments may be made by proposal of new motions but are only effective upon receiving a second. Discussion of an amendment may only take place after a motion has been made and seconded. The amendment must be voted upon by the entire Commission and if defeated, then the original motion will be voted upon. The substance of a motion is presented by the moving Commissioner, requires a second, and normally only requires a majority or a quorum (like most resolutions). A roll call vote is not necessary, but a roll call in all instances is appropriate. Processing of Motions When a motion is made and seconded, it shall be stated by the Presiding Officer before debate. A motion shall not be withdrawn by the mover without the consent of the member seconding it and the approval of the Commission. Motions Out Of Order The Presiding Officer may at any time, by majority consent of the Commission, permit a member to introduce an ordinance, resolution, or motion out of the regular Agenda order. Division of Question If the question contains two or more divisible propositions, the Presiding Officer may, and upon request of a member shall (unless appealed), divide the same. 13 Precedence of Motions When a motion is before the Commission, no motion shall be entertained except the following which shall have precedence in the following order: a. Adjourn b. Fix hour of Adjournment C. Table d. Previous Question e. Amend f. Postpone Motion to Adjourn (not debatable) A motion to adjourn shall be in order at any time except as follows: a. When repeated without intervening business or discussion, b. When made as an interruption of a member while speaking, c. When the previous question has been ordered, and d. While a vote is being taken. A motion to adjourn "to another time" shall be debatable only as to the time to which the meeting is adjourned. Motion to Fix Hour of Adjournment Such a motion shall be to set a definite time at which to adjourn and shall be undebatable and unamendable except as to time set. Motion to Table A motion to table shall be used to temporarily by-pass the subject. A motion t table shall be undebatable and shall preclude all amendments or debate of the subject under consideration. If the motion shall prevail, the matter may be "taken form the table" at any time prior to the end of the next regular meeting. Motion for Previous Question Such a motion shall be used to close debate on the main motion and shall be undebatable. If the motion fails, debate shall be reopened; if the motion passes, a vote shall be taken on the main motion. 14 Motion to Amend A motion to amend shall be debatable only as to amendment. A motion to amend an amendment shall be in order, but an amendment to amend an amendment to an amendment shall not be in order. An amendment modifying the intention of a motion shall be in order, but an amendment relating to a different matter shall not be order. A substitute motion on the same subject shall be acceptable, and voted on before a vote on the amendment. Amendments shall be voted first, then the main motion as amended. Motion to Continue Motions to continue to a definite time shall be amendable and debatable as to propriety of postponement and time set. Resolutions Resolutions should be in written form before the Commission. The appropriate motion is "I move that Resolution No. be adopted." Reading of the title is not legally required. Upon seconding, a vote is taken. A roll call vote is the desirable procedure on all resolutions. Resolutions Prepared in Advance Where a resolution has been prepared in advance, the procedure shall be: motion, second, discussion, vote and result declared. It shall not be necessary to read a resolution in full or by title except to identify it. Any member may call for a roll call vote or require that the resolution be read in full. Resolutions Not Prepared in Advance Where a resolution has not been prepared in advance, the procedure shall be to instruct the staff to prepare a resolution for presentation at the next meeting as follows: motion, second, "no objections? - so ordered". Urgency Resolutions In matters of urgency a resolution may be presented verbally in motion form together with instructions for written preparation for later execution. After the resolution has been verbally stated, the voting procedure for resolutions prepared in advance shall be 15 Voting followed. Urgency resolutions shall be avoided except when absolutely necessary. Question to be Stated The Presiding Officer may verbally restate each question immediately prior to calling for the vote. Following the vote, the Presiding Officer may verbally announce whether the question carried or was defeated. The presiding Officer may also publicly state the effect of the vote for the benefit of the audience before proceeding to the next item of business. Voting Procedure On the passage of every motion, the vote shall be taken by voice or roll call and entered in full upon the record. The order of voting shall be alphabetical with the Chairperson voting last. Roll Call Voting Resolutions shall be considered by roll call vote. Any other questions before the Commission shall not require a roll call vote unless demanded by any member before the negative has been put. It shall not be in order for members to explain their vote during roll call. Any member may change his or her vote before the next order of business. Failure to Vote Every member shall vote unless disqualified for cause accepted by vote of the Commission or by opinion of the City Attorney. Self -disqualification, without approval, which results in a tie vote shall be avoided as thwarting Commission action, but no Commission member who abstains shall in effect consent that a majority of the quorum may act for him or her. Tie votes shall be lost motions and may be reconsidered. Reconsideration Any member who voted with the majority may move a reconsideration of any action at the same meeting. After a motion for reconsideration has once been acted on, no other motion for reconsideration thereof shall be made without unanimous consent of the Commission. 16 Staff Responsibilities The Community Development Director lends technical support to the and serves as the Secretary to the Commission. He or she provides the data, information and professional counsel to the Commission while serving as liaison between policy formulation and implantation of same through administrative procedures. The Community Development Director is primarily responsible for administering the day-to-day operation and functions of the Planning, Code Enforcement and Building and Safety Departments within the policies and guidelines as established by the City Council and the City Manager. It is also the responsibility of the Community Development Director to function as communicator between staff, the Commission and the City Manager. The Community Development Director will facilitate clear, concise and efficient communication of all direct questions, comments, and requests for information between the Commission, City Manager and staff as well as similar requests between individual Commission members and individual staff. The City Manager will assign additional staff 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 staff's technical knowledge, full consideration should be given to their recommendations. Staff members make objective recommendations without consideration of personal or political consequences. Following a staff report or recommendation to the Commission, staff is at liberty to make the same recommendation to the City Council via the City Manager, even though the Commission may have taken a different position. Staff Requests Procedures All Commissioners' requests for information from 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 request an emergency, and time allows, he shall attempt to obtain the Chairpersons's approval to direct the request to the City Manager. If the Chairperson is unavailable, then the Commissioner may directly contact the City Manager. The City Manager 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. 17 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 Commission's actions and are open for public review. Unless the reading of the minutes of the previous meeting is requested by a majority of the Commission, such minutes may be approved without reading if the Secretary has previously furnished each Commissioner with a copy thereof. The minutes shall consist of a clear and concise statement of each and every action including the motions made an the vote thereon. Reasons for making a motion, or voting, debate and audience reaction are generally irrelevant for purposes of the minutes. Such items may be included if considered to be particularly relevant or otherwise necessary by the Secretary in the first instance and by the Commission in the final instance. The Secretary shall have exclusive responsibility for preparation of the minutes, and any directions for changes in the minutes shall be made only by action of the Commission. Commission Recommendations Planning Commission actions can be either advisory or conclusive unless appealed to the City Council. Advisory actions are transmitted to the City Council for decision by way of the Community Development Director. Relations with City Council, Commissions and Committees In areas where there is an overlap of jurisdiction between various Commissions, it is important that a liaison be developed to insure consideration of the different viewpoints and to minimize duplications of efforts. Joint meetings with the City Council and other commissions and committees may be mutually beneficial whenever two bodies are simultaneously addressing the same topic. 18 V. LEGAL CONSTRAINTS 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 that 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 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 Government Code Section 87200, the Political Reform Act, requires Planning Commissioners to file Conflict of Interest Statements within ten (10) days of appointment and thirty (30) days after leaving office. Forms are obtained from the City Clerk's Office and must be filed with the City Clerk no later than the due date. The originals are then forwarded by the City Clerk to the Fair Political Practices Commission. Disqualification From Commission Decisions As a Commissioner, if a matter in which you have a financial interest comes before the Commission on which you serve, and the decisionwill 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 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. 19 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 involved in any 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 concerned, to be above reproach. Public Records 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 Eaual 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 bias, predetermination, refusal to hear, etc., may invalidate a Commission action. 20 VI. PLANNING ACTIVITIES Functions of the Community Development Department The Department of Community Development is responsible for the functions related to current and advanced planning, building and safety, code enforcement, economic development and CDBG administration. It consists of two operating divisions. The Planning Division provides the community with long and short term planning in order to coordinate and monitor growth and development. It is charged with the development and implementation responsibilities of the General Plan. It prepares and administers projects for compliance with various development ordinances. The Planning Division insures that all projects receive the required environmental review in compliance with CEQA. Further, it provides technical support to the City Council and the various planning related committees/commissions. The Planning Division is also responsible for the development and administration of economic development and CDBG programs. it updates and maintains records for the general public and coordinates projects and programs with other governmental agencies. The Building and Safety Division is responsible for building and safety functions. Services are currently provided under contract. This division is responsible for the protection of public health and safety through the enforcement of the Building and related codes. This division provides for building and safety plan check, permit issuance and inspection services. 21 VII. APPENDIX 22 n V> U W i a Y 0 Wz 0 W- c�oUe W � W O O OW V O ti V Y .�. Z W < ��}�f..�� V J Ooz W ; COMMUNITY DEVELOPMENT DEPARTMENT DIRECTOR James DeStefano BUILDING & SAFETY BUILDING OFFICIAL Dennis Tarango PERMIT TECHNICIAN Yolanda Huapaya PLAN CHECKER Joe Buzzone SENIOR INSPECTOR Steve Olsen INSPECTOR Mike Scarpelli 3-92 CITY PLANNING PLANNING DIRECTOR James DeStefano SECRETARY Marilyn Ortiz CODE ENFORCEMENT OFFICER ADMIN ASST Kellee Fritzal (Part-time) ASSOCIATE PLANNER Rob Searcy PLANNING TECHNICIAN Ann Lungu PLANNING INTERN(S) RESOLUTION NO. 91-71 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING CITY COUNCIL STANDARDS OF OPERATION WHEREAS, it is important to the successful operation of any public organization that standards be established to define the roles, responsibilities and expectations of the governing board and staff in the operation of the organization; and WHEREAS, the establishment of standards. by the City Council will promote understanding and trust among members of the City Council and staff concerning their roles, responsibilities and expectations for the operation of the City; and WHEREAS, the establishment and periodic review of these City Council policy standards will assist new members of the City Council to better understand their role and responsibilities as Council Members. NOW, THEREFORE, BE IT RESOLVED by the City of Diamond Bar as follows: section 1. OPERATION OF CITY COUNCIL MEETINGS A. The Council shall meet the first and third Tuesdays of each month, commencing at 6:00 p.m. If the Council desires to proceed past 11:30 p.m., the Council, at 11:00 p.m., will determine which issues will be completed at that meeting and which items will be continued to the next Tuesday meeting. B. Public Comments are to be scheduled for 6:00 p.m., immediately following the Flag Salute, Roll Call and Council Comments. C. No action is to be taken on items raised under Public comments. Besides oral requests, citizens- may also be requested to put concerns in writing, if that the item(s) is to be agendized, for a later Council meeting date, at the discretion of the Council and City Manager. D. At the beginning of the meeting, if there are a number of people requesting to speak on a particular subject under Public Comments, the Mayor may request that there be a spokesperson and that the others limit their comments, speak at the and of the meeting or contact Council or City Manager. This does not apply to scheduled agenda items. COUNCIL STANDARDS Page Two Section 1. OPERATION OF CITY COUNCIL MEETINGS (CON'T) E. In order to ensure that all members of the public have an opportunity to speak, pertaining to issues that are not on the meeting agenda, and that the Council is able to complete the public's business, there shall be a five-minute limitation on comments by the public unless otherwise prohibited by law. The Mayor will be responsible for enforcing the time limits as suggested. Any Council Member may request an extension of the five-minute time limitation. If the Council concurs that the nature of the issue warrants an extension of time, the time limit may be extended. F. The Council will not hold a public hearing on items scheduled under Departmental Reports or Council Concerns. If just one or two people desire to speak on the item, the Council will listen to their comments. If more than two persons at the meeting desire to speak on an item, the Council may reschedule the item on the agenda of a subsequent meeting. G. With Council approval, Mayor may schedule Council review of agenda items out of their prescribed order on the printed agenda. H. Significant proposed changes to City ordinances shall be set for public hearing. I. The Council Member making a motion shall either restate the motion or have the City Clerk restate the motion, before the vote, to clarify the motion for the public and staff. J. Council Members should not get into a debate with a member of the public or staff at a Council meeting. K. The City Council will, on a quarterly basis, agendize and prioritize those significant items to be scheduled as future Council study session topics. L. If an applicant submits a new site plan for a development or if the City Council requests changes in the submitted site plan, the public hearing will be continued at least two weeks to allow time for staff review. M. Any written correspondence or other materials received at a City Council meeting (from the public or staff) will be documented with a receipt time and date by the City Clerk and distribution indicated. If the City Clerk does not receive a copy of the written submittal, it will not be considered to have been received or acted upon by the City Council. COUNCIL STANDARDS Page Three Section 1. OPERATION OF CITY COUNCIL MEETINGS ICON'T) N. All minutes of City Council meetings shall be composed utilizing an action -taken format; rather than a transcript format. All meetings shall be audiotaped, in their entirety, for Council, public and staff reference. City Council and Planning Commission tapes shall be retained for two years, from the date of the meeting. All other Commission and Committee meeting tapes shall retained, until the approved minutes of a meeting have been reported to the City Council. O. Any concerns by a Council Member over the performance of a City employee during a Council meeting should be privately directed to the City Manager to ensure the concern is properly addressed. Section 2. COMMITTEE ASSIGNMENTS. CITY COMMISSIONS AND PRESS RELATIONS A. Individual Council Members will have the right to attend meetings but are cautioned about becoming involved in the meeting's discussions and/or violating the Brown Act. B. written committee reports will be given to the Council on significant committee recommendations and/or actions. C. New ideas or suggested programs will be presented to the full Council before presenting to the media. Section 3. COUNCIL MEMBER PRESENTATIONS AT OTHER AGENCIES AND GROUPS A. If a member of the City Council represents the City before another governmental agency, organization, the Council Member will first indicate the majority position of the Council. Personal opinions and comments may be expressed only if the Council Member clarifies that these statements do not represent the position of the City Council. Section 4. CITY COUNCIL RELATIONSHIPS WITH CITY STAFF A. There will be mutual respect from both staff and Council - members of their respective roles and responsibilities, when expressing criticism in public session. B. In public session, City staff members will address Council members, utilizing Mayor, Councilman or Councilwoman; and, Council members will address all staff members, utilizing Mr. or Ms. rather than the person's first names. . COUNCIL STANDARDS Page Four Section 4. CITY COUNCIL RELATIONSHIPS WITH CITY STAFF (CON'T) C. City staff acknowledge that the Council is the City's policy making body. The City Council acknowledges that staff administers the Council's policies. D. The Council, as the overall policy body, holds the City Manager responsible for the administration of the City Departments. The overall internal administration by the City Manager is necessary in order to assure efficient and economic operations of the various departments per Council direction. E. The Council will direct the City Manager on all major or new issues. A Council Member will not initiate any action or have prepared any report that is significant in nature or initiate any project or study, without the approval of a majority of the City Council. F. All written informational material requested by individual Council Members will be submitted by staff to all Council - members with the notation indicating which Council Member requested the information. G. Council will not attempt to coerce or influence staff in the making of appointments, the awarding of contracts, the selection of consultants, the processing of development applications, or the granting of City licenses or permits. H. Mail that is addressed to the Mayor and City Council will be circulated by the City Manager to the City Council with a comment as to which staff person will be assisting the Mayor and/or Council Member in preparing a response. I. The Mayor's response, when appropriate and the original communication, will be submitted to Council members for their information. Mail addressed to individual Council Members may be responded to, by that Council Member. K. Staff team sensitivity and support is important. Once a final decision is reached by the Council, Planning Commission or other City body, it will be accepted, supported and implemented by staff. Section S. LITIGATION AND CONFIDENTIAL INFORMATION A. City Council Members will keep all written and verbal information provided on matters that are confidential, under State law, in strict confidence to insure that the City's position is not compromised. No dissemination of information or materials will be made to anyone, except Council Members, City Attorney, City Manager or Assistant City Manager. COUNCIL STANDARDS Page Five Section 5. LITIGATION AND CONFIDENTIAL INFORMATION (CON'T) B. If the City Council in closed session has provided direction to City staff on proposed terms and conditions for any type of negotiations whether it be related to property acquisition or disposal, a proposed or pending claims or litigation, and/or employee negotiations, all contact with the other party will be the designated City person(s) representing the City in the handling of the negotiations or litigation. A Council Member will not have any contact or discussion with the other party or its representative involved with the negotiation during this time and will not communicate any discussion conducted in closed sessions. Section 6. INDIVIDUAL COUNCIL MEMBER RESPONSIBILITIES A. Frequent communication is an important and integral part of Council relationships and will be the standard of operation. B. Respect for each individual Council Members interpersonal style will be a standard of operation. Courtesy and sensitivity to individual points of view will be a standard of operation. C. On areas where Council Members disagree, especially on the process to be used, discussions will occur to facilitate a clear direction. D. Council approach to authority is collegial rather than individual. E. Council Members will keep an open mind on all issues. F. Individual Council Members, on matters pertaining to upcoming or anticipated items where a public hearing will be held, will maintain as near neutral position as possible to assure not only the appearance but the actual degree of openness that is attendant to our community responsibility. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 3rd day of December ., 1991. COUNCIL STANDARDS Page Six I, Lynda Burgess, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on 3rd day of December 3— 1991, by the following vote: AYES: COUNCILMEMBERS: Miller, Forbing, M/Kim NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Papen, Werner ABSTAINED: COUNCILMEMBERS: None J LYNOA BURGESS, City Clerk City of Diamond Bar ORDINANCE NO. 25C (1989) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING ORDINANCE NO. 25 (1989) AS HERETOFORE AMENDED, CONCERNING THE TERMS OF OFFICE OF PLANNING COMMISSIONERS. The City Council of the City of Diamond Bar does ordain as follows: Section 1. Section 5(f) of Ordinance No. 25 (1989), as heretofore amended, of the City Council of the City of Diamond Bar hereby is amended to read, in words and figures, as follows: "(f) The terms of office of the Planning Commission shall be two-year terms commencing on March 1 of even numbered years and expiring on the last day of February of even numbered years; provided, however, that the �'ermz of office of persons initially appointed to the Planning Commission shall expire the last day of February, 1992." Section 2. The City Clerk shall certify to the adoption of this Ordinance and shall cause the same to posted in three (3) public places within the City of Diamond Bar pursuant to the provisions Resolution 89-6. W"M ADOPTED AND APPROVED this 29th day of October , Mayor 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 City Council of the City of Diamond Bar held on the _15th day of October 1991, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the -�qf-h day of October , 1991, by the following vote: AYES: COUNCIL MEMBERS: Papen, Nardella, Kim, Forbing NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Werner ABSTAINED: COUNCIL MEMBERS: None ATTEST: Ci Clerk of tY,� City of Diamond Bar N1101110RDM OB 6.1 2 1 ORDINANCE NO. 25B(1989) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING ORDINANCE NOS. 25(1989) AND 25A(1989) CONCERNING THE PLANNING COMMISSION. The City Council of the City of Diamond Bar does ordain as follows: Section �. Ordinance Nos. 25(1989) and 25A(1989) hereby are amended to read, in words and figures, as follows: Section 1. Planning commission created. There is hereby created a Planning Commission. Section 3. Composition. The Planning Commission shall be composed of five members, each of whom shall be a resident of the City of Diamond Bar, and appointed in accordance with the procedures set forth in Section 5 hereof. Section4. powers A$A 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, California Government Code Sections 65100, et seq., and shall serve as the Advisory Agency to the City Council regarding subdivisions and non-residential parcel maps. i 1 t Section A. organization and terms of office; filling of vacancies in office; officers; meetings. (a) Each member of the Planning Commission shall be appointed by one member of the City Council, provided that should 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. (b) 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 or the Council Member serving the unexpired portion of the term of that person. If that Council Member fails to appoint within that thirty -day period, a majority of the City Council shall appoint to fill the vacancy. If the vacancy is effected by the removal process specified in this Section, the person so removed may not be appointed to fill the vacancy. (c) Notwithstanding any other term or provision of this Ordinance, each of the Planning Commissioners shall be deemed to have resigned from his or her position on the Commission ninety (90) calendar days after the succession of any person, whether by election, reelection or appointment, to the office of the Council Member who appointed, or had the opportunity to appoint, such Commissioner and that Commission e 2 t position shall thereupon be deemed vacant and available for appointment for the otherwise unexpired term, if any. (d) 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 meetings thereof in any one (1) year period, the office of said Commissioner shall thereupon be deemed vacant and the secretary to the Commission shall immediately inform the City Council thereof. (e) Any member of the Planning Commission may be removed without cause during his or her term of office by a four-fifths vote of the City Council, provided that no such member may be removed during the initial three months of any term of office for which he or she is appointed. (f) The terms of office of the Planning Commission shall be two-year terms commencing on July 1st of even numbered years and expiring on June 30th of even numbered years; provided, however, that the terms of office of persons initially appointed to the Planning Commission shall expire June 30, 1992. (g) The Planning Commission shall, at its first regular meeting in July of each calendar year, elect a chairman from among its appointed members for a term of one year, and may create and fill such other offices as it may determine and shall hold regular meetings at least once a month and other meetings at such additional times are are deemed necessary. (h) The Director of Planning, or his or her designee, shall be the Secretary to the Commission. t 3 t Section 6. Compensation; travel expenses. (a) Each member of the Planning Commission shall be paid a fixed sum for each commission meeting such commissioner attends. The sum to be paid to each commissioner for each such meeting attended by such commissioner shall be established by resolution of the City Council. (b) The City Council may, from time to time, provide such sums as the City Council deems reasonable, in its sole discretion, for travel expenses, meals, lodging and related t expenses necessarily incurred by Planning Commissioners incidental to the performance of their official duties, including attendance at seminars, conferences or training courses approved by the City Council. Said expenses may be advanced to Commissioners or otherwise paid to them in accordance with policies established by the City Council. Section Z. References to commission. Wherever in the Los Angeles County Code, as heretofore adopted by this City Council, reference is made to the "Planning Commission," "Regional Planning Commission" or "hearing officer", the same shall be deemed to refer to the Planning Commission as established by this Ordinance. soction S. The City Clerk shall certify the adoption of the ordinance and shall cause the same to be posted in three (3) public places within the City of Diamond Bar pursuant to the provisions of Resolution 89-6. c 4 + ADOPTED AND APPROVED this 16th day of October , 1990. 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 City Council of the City of Diamond Bar held on the 2nd day of October , 1990, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 16th day of October, 1990, by the following vote: AYES: COUNCIL MEMBERS: Horcher, Papen, Kim, Mayor Pro Tem Forbing and Mayor Werner NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ATTEST:, Ci Clerk City of Diamond Bar N110111PC25S WB6.1 5 ORDINANCE NO. 25A (1989) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING SECTION 4 OF ORDINANCE NO. 25 (1989) PERTAINING TO THE POWERS AND DUTIES OF THE CITY PLANNING COMMISSION. The City Council of the City of Diamond Bar does ordain as follows: ect on 1. Section 4 of Ordinance No. 25 (1989), as heretofore adopted, hereby is amended to read, in words and figures, as follows: "99="R 4. 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, California Government Code Sections 65100, et seq., and shall serve as the Advisory Agency to the City Council regarding subdivisions and non-residential parcel maps.,, ASSIL9A I. 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 provisions of Resolution 89-6. 1990. ADOPTED AND APPROVED this 3rd day of April 1 Mayor ' I t 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 City Council of the City of Diamond Bar held on the 20th day of March 1990, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 3rd day of April , 1990, by the following vote: AYES: COUNCIL MEMBERS: Horcher, , Forbing , Miller, Mayor Pro -Tem Werner, Mayor Papen NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None ATTEST: , xda' -&4-t Q City tlerk, City of Diamond Bar S%10WORULMIN 1.38 2 ! ORDINANCE NO. 25 (1989) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ESTABLISHING A PLANNING COMMISSION. The City Council of the City of Diamond Bar does ordain as follows: Section 1. Chapters 2.108 and 3.48 of the Los Angeles County Code, as heretofore adopted by this City Council, hereby are repealed. Sectio 3 Planning Commission Created. There is hereby created a Planning Commission. S ct c 3. Composition. The Planning Commission shall be composed of five members appointed in accordance with the procedures set forth in Section 5 hereof. Section 4. 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, California Government Code Sections 65100, et seq., and shall serve as the Advisory Agency to the City Council regarding subdivisions and parcel maps. Notwithstanding any provisions to the contrary set forth in the Los Angeles County Code as heretofore adopted by this City Council, the Planning Commission shall act in an advisory 1 t t capacity to the City Council with respect to any and all applications for conditional use permits and variances. Section S. Organization and terms of office; filling of vacancies in office; officers; meetings. Each member of the Planning Commission shall be appointed by one member of the City Council, provided that should 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. 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 or the Council Member serving the unexpired portion of the term of that person. If that Council Member fails to appoint within that thirty -day period, a majority of the City Council shall appoint to fill the vacancy. If the vacancy is effected by the removal process specified in this Section, the person so removed may not be appointed to fill the vacancy. The terms of office of the Planning Commission shall be two-year terms commencing on July 1st of even numbered years and expiring on June 30th of even numbered years; provided, however, that the terms of office of persons initially appointed to the Planning Commission shall expire June 30, 1992. Any member of the Planning Commission may be removed without cause during his or her term of office by a four-fifths 2 i i vote of the City Council, provided that no such member may be removed during the initial three months of any term of office for which he or she is appointed. The Planning Commission annually shall elect a chairman from among its appointed members for a term of one year, and may create and fill such other offices as it may determine and shall hold regular meetings at least once a month and other meetings at such additional times are are deemed necessary. 8 ct 6. Compensation; travel expenses. (a) Each member of the Planning Commission shall be paid a fixed sum for each commission meeting such commissioner attends. The sum to be paid to each commissioner for each such meeting attended by such commissioner shall be established by resolution of the City Council. (b) The City Council may, from time to time, provide such sums as the City Council deems reasonable, in its sole discretion, for travel expenses, meals, lodging and related expenses necessarily incurred by Planning Commissioners incidental to the performance of their official duties, including attendance at seminars, conferences or training courses approved by the City Council. Said expenses may be advanced to Commissioners or otherwise paid to them in accordance with policies established by the City Council. Section s References to Commission. Wherever in the Los Angeles County Code, as heretofore adopted by this City Council, reference is made to the "Planning 3 t t Commission," "Regional Planning Commission" or "hearing officer", the same shall be deemed to refer to the Planning Commission as established by this Ordinance. section S. The City Clerk shall certify the adoption of the ordinance and shall cause the same to be posted in three (3) public places within the City of Diamond Bar pursuant to the provisions of Resolution 89-6. ADOPTED AND APPROVED this 19th day of Septembez 1989. LA T Mayor 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 City Council of the City of Diamond Bar held on the 5th day of September-, 1989, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 19th day of September 1989, by the following vote: AYES: COUNCIL MEMBERS: Forbing, Miller, Werner, Mayor Pro Tem Horcher and Mayor Papen NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ATTEST:, Ci Clerk City of Diamond Bar N%1011%PLNGCa1ADB 1.3E 4 t City of Diamond Bar Telephone List fctblyl0co-tz"-ZiN40)Z1 Robert L. Van Nort, City Manager 396-5666 Terrence L. Belanger, Assistant City Manager 396-5667 Nancy Whitehouse, Secretary 396-5666 City Council Office 396-5668 CITY CLERK Lynda Burgess 860-2489 COMMUNITY DEVELOPMENT James De5tefano, Director 396-5676 Rob Searcy, Associate Planner 396-5677 Ann Lungu, Planning Technician 396-5677 Marilyn Ortiz, Planning Secretary 396-5676 Al Flores, Code Enforcement Officer 396-5676 Dennis Tarango 860-3195 PUBLIC WORKS/CITY ENGINEER Sid Mousavi, Director 396-5673 Charles Janiel, Parks and Maintenance 396-5694 26 Description of Commissions/Committees Parks and Recreation Commission Comprised of five members, the Parks and Recreation Commission is an advisory board for the City Council on matters of Park Improvement Projects, recreation services and special events. The Commission deals with the scheduling of community sports organizations as well as City -sponsored sports activities and one-time park users. Traffic and Transportation Commission Comprised of five members, the Traffic and Transportation Commission reviews local traffic conditions and recommends to the City Council appropriate actions to deal with traffic congestion. 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. Statement of Principles The proper operation of Diamond Bar government requires that: 1. Public officials be independent and impartial in their judgements and actions. 2. Decisions and policies 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. 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. 27 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 infor- mation 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. 14. Recognize that repeated disqualification demeans the value of our service to the City. If this is occurring, resignation would be appropriate. 28