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Home My WebLink About01/04/1994ciAMENDED AGENDA ITEM 8.1 CoAlljol AGENMA Tuesday, January 4, 1994 7:00 P.M. South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California Mayor Gary H. Werner Mayor Pro Tem Clair W. Harmony Council Member Eileen R. Ansari Council Member Phyllis E. Papen Council Member Gary G. Miller City Manager Terrence L. Belanger Interim City Attorney Michael Montgomery City Clerk Lynda Burgess Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 860-2489 during regular business hours. In an effort to comply with the requirements of Title I1 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses re cled paper and encourages you to do the same. THIS MEETING IS BEING BROADCAST LIVE BY JONES INTERCABLE FOR AIRING ON CHANNEL 12, AND BY REMAINING IN THE ROOM, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. Next Resolution No. 94-1 Next Ordinance No. 01 (1994) 1. CALL TO ORDER: 7:00 P.M. PLEDGE OF ALLEGIANCE: Mayor Werner ROLL CALL: Councilmembers Ansari, Papen, Miller, Mayor Pro Tem Harmony, Mayor Werner 2. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Please complete a Speaker's Card and give it to the Citv Clerk (completion of this form is voluntary) There is a five minute Maximum time limit when addressing the Cit Council 3. COUNCIL COMMENTS: Items raised by individual Council - members are for Council discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. 4. SCHEDULE OF FUTURE EVENTS: 4.1 Planning Commission Meeting - January 10, 1994 - 7:00 P.M., AQMD Auditorium, 21865 E. Copley Dr. 4.2 Traffic & Transportation Commission - January 13, 1994 - 6:30 p.m., AQMD Hearing Room, 21865 E. Copley Dr. 4.3 City Council Meeting - January 18, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 4.4 Public Workshop Concerning Development of Pantera Park - January 13, 1994 - 7:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5. CONSENT CALENDAR: 5.1 APPROVAL OF MINUTES - Regular Meeting of December 7, 1993 - Approve as submitted. 5.2 WARRANT REGISTER - Approve Warrant Register dated January 4, 1994 in the amount of $741,806.23. JANUARY 4, 1994 PAGE 2 5.3 TREASURER'S REPORT - Receive and file Treasurer's Report for Month of November 1993. 5.4 TRANSMITTAL OF FINAL AUDIT REPORTS FOR YEAR END JUNE 30, 1993 - The accounting firm of Thomas, Bigbie & Smith has been retained as auditors for the City. In conjunction with this service, final audit reports for FY 92-93 have been prepared and are being transmitted. There were no material items of concern noted in the course of the audit; therefore, no Management Letter was received for the 1992-93 fiscal year. Recommended Action: Receive and file the Final Audit Reports for FY 92-93 as prepared by Thomas, Bigbie & Smith. 5.5 BOND EXONERATION - Grading Cash Bond - 2743 Rocky Trail - The City desires to exonerate the surety cash bond posted for grading located at 2743 Rocky Trail Road in the amount of $1,206. The owners, EMK Enterprises, Inc., have now decided not to construct at this address. Recommended Action: It is recommended that the City Council release the surety cash bond posted in July 1992 for single family residence grading at 2743 Rocky Trail Road in the amount of $1,206. It is further recommended that the City Clerk be directed to notify EMK Enterprises, Inc. and Coast Federal Bank of the City Council's action. 5.6 BOND EXONERATION - GRADING CASH SURETY BOND - 2521 BRAIDED MANE DR. - The City desires to exonerate the surety cash bond posted for grading located at 2521 Braided Mane Dr. in the amount of $27,076. Rough grading has been approved. Recommended Action: It is recommended that the City Council approve and accept the completed work and exonerate the surety cash bond posted in August 1991 for single family residence grading at 2521 Braided Mane Dr. in the amount of $27,076. It is further recommended that the City Clerk be directed to notify Gary Miller and Home Federal Bank of the City Council's action. 5.7 CERTIFICATE OF EXAMINATION - REFERENDUM PETITION - On August 24, 1993, a referendum petition consisting of 436 sections and containing 4,116 signatures was presented to the City Clerk for filing. Pursuant to a Writ of Mandate issued by the Court, the petitions were transmitted to the Los Angeles County Registrar- Recorder/County Clerk for signature verification. The Registrar -Recorder completed her examination of the JANUARY 4, 1994 PAGE 3 petitions on December 16, 1993 and certified that 3,189 signatures were valid. The petitions are now deemed qualified because 2,650 signatures were necessary. Recommended Action: Receive and file Certificate of Examination and the accompanying signature verification report provided by the Los Angeles County Registrar- Recorder/County Clerk. 6. PUBLIC HEARINGS: 6.1 DEVELOPMENT AGREEMENT NOS. 92-1 AND 2; VESTING TENTATIVE TRACT MAP NO. 51407, CONDITIONAL USE PERMIT NO. 92-8 AND OAK TREE PERMIT NO. 92-8; VESTING TENTATIVE TRACT NO. 32400, CONDITIONAL USE PERMIT NO. 91-5, AND OAK TREE PERMIT NO. 92-3; TENTATIVE TRACT MAP NO. 51253 AND CONDITIONAL USE PERMIT NO. 92-12; OAK TREE PERMIT NO. 92- 9; THE SOUTH POINTE MASTER PLAN; AND ENVIRONMENTAL IMPACT REPORT NO. 92-1 continued from November 16, 1993 - The proposed project involves a request for several discretionary land use permits. As a result of the City Council's action of December 14 to repeal Resolution No. 93-58 which adopted the General Plan, the City finds itself without a basis for decision making regarding the City's long-term physical development. Recommended Action: It is recommended that the project be tabled until the adoption of the General Plan. 6.2 CONSIDERATION OF RECISION OF AB939 ADMINISTRATIVE FEE - The City's integrated waste management activities are currently funded through the assessment of an AB 939 Administrative Fee of $0.35 per household per month, $6.00 per commercial account per month, and $40.00 pre containerized unit per month. Based on last years figures, the City is projecting to raise about $78,000 in revenues this fiscal year to offset the City's anticipated costs of administering the City's solid waste permit system and integrated waste management programs. The City Council, at their December 14 meeting directed staff to evaluate the reasonableness and effectiveness of this fee in order to support its continuance. Recommended Action: Retain the existing AB 939 Administrative Fee and direct staff to explore possible funding alternatives, as part of the 1994-95 budget process and develop recommendations for the Council's consideration. JANUARY 4, 1994 PAGE 4 7. NEW BUSINESS: 7.1 CONSIDERATION OF DETACHMENT FROM LAD 38 - To Determine Whether not the City should proceed with the detachment of a portion of the City, as shown on Exhibit A, from the citywide Landscaping Assessment District No. 38. Recommended Action: In view of the fact that the benefits derived apply equally to all residents and parcels within the City, it is recommended that Council not initiate the detachment proceedings for a portion of the City within L.A.D. No. 38. Furthermore, it is recommended that the Council direct staff to begin the annual assessment proceedings in March of 1994 for L.A.D. No. 38. 7.2 AWARD OF CONTRACT FOR BUILDING AND SAFETY SERVICES - In October, the City concluded its relationship with a private consulting firm previously providing the City with municipal building and safety services. Concurrent with the employment of an interim building and safety staff the City prepared and distributed a Request for Proposal (RFP) to 15 consultant firms. Staff reviewed the 11 proposals received, conducted interviews with the 4 most qualified candidates, checked references and negotiated fees with the most capable consultant team. Recommended Action: Award a contract to D & J Engineering to provide Building and Safety services. 8. OLD BUSINESS: 8.1 STATUS OF GENERAL PLAN ADVISORY COMMITTEE (GPAC) APPOINTMENTS AND GENERAL PREPARATION PROCESS - Recommended Action: Appoint General Plan Advisory Committee (GPAC) members and set date of first meeting for GPAC. 9. ANNOUNCEMENTS: lo. CLOSED SESSION: May Convene to Consider: Matters of Pending Litigation (G.C. 54956.9). 11. ADJOURNMENT: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: Z�//`) y TO: City Clerk FROM: ADDRESS: ORGANIZATION: SUBJECT: J,, a,- 2 I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name d address as written above. Siqnature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: � k - TO: City Clerk FROM: V A Aj ADDRESS: p? 3 F,3 3 e p U Cr � C CA j j. tz ORGANIZATION: L r,N OS 6r— T7 -f L � LA ft6 ,,,0 SUBJECT: 1 Ci tit'j I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Siqnature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: TO: City Clerk FROM: ADDRESS: 12' K'- te() C!� • `� f %�� ORGANIZATION: (' T-, L"67"," SUBJECT: _U M,r-5 I expect to address the Council on the sub' agenda item. Please have the Council Minutes reflect my name and addr ,written above. Signa NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: - _ 1 / . ( 1, -/ TO: City Clerk FROM: ` 'J� C MA b1 s ADDRESS : C) \ Ivy ORGANIZATION: Z L SUBJECT: rL I expect to address the Cou cil on the ubjec agenda item. Please have the Council Minutes reflect my name an add ess a ritten above. Signature NOTE: All persons may attend meeting and address the City Council. This form is intended to assist the Mayorin ensuring that all persons wishing to address the Council are recognize and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: -/�73 TO: Cit Cl rk FROM: ADDRESS: ORGANIZATION: SUBJECT: I expect to address the Council on the s sect agenda item. Please have the Council Minutes reflect my name and ad0tqbsAA written above. Z'11-- Si9-'rtat1Tre NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: �' 9 TO: City Clerk FROM: ADDRESS: ORGANIZATION: SUBJECT: 4/,/- 4 I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address 4p writyen above. ignature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: J of / zx TO: City � Clerk FROM: t 0, Ayu 1< ADDRESS: —2L A)cmttc�. ST. 2&,01 p4i-dkC CL404.4kow 04 ORGANIZATION:�� I�ia�j T, -A- 5Octb*�lo4v �� f�ui RF ice✓ SUBJECT: P46 C COtAvt/Lc Eh I expect to address the Council on the subject agenda item. Please have ti,.- Council Minutes reflect my name and address as written above. Nxu lx Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: C TO: City Clerk FROM: f Y4 C t I r j Le. v' ADDRESS: ty / � L %F/ f � r 3yY. i iivYl/ Bar ORGANIZATION: 'tee SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as 1t n above. Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. y DATE: TO: City Clerk FROM: C'o-V ADDRESS: ( n ORGANIZATION: SUBJECT: Gf ��4 I expect to address the Council on the subject agenda item. Please have tt:e Council Minutes reflect my name andddress as written above. i�V7 Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REOARDINd ABENDA ITEM No. DATE: �-'' 4— 9� TO: City Clerk FROM: F4 ADDRESS: p2� 7 (< ORGANIZATION: /JI/T/if/J)A/I SUBJECT: I expect to address the (C n ii' Council Minutes reflect my name a item. Please have the NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. .® VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: TO: City Clerk FROM: ADDRESS: �� `� (�1��'�/I C ! ��r} S'% .1. ('26 yr ORGANIZATION: TE,r U, , �� ,e e, c ec C el -I SUBJECT: I expect to address the Council on the subject agenda item. Please have ti-,, Council Minutes reflect my name and d ess as ww itt above. Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: TO: City Clerk � Clerk FROM: Al/V I'C �`ii,)tf ADDRESS: aCD NR ORGANIZATION: SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address s writ above. Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL AGENDA #/SUBJECT: CITY CLERK DATE: L 12 "T 1;�2 PHONE: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM WO- DATE: 10_DATE: f ( , r c -4 TO: City Clerk FROM: `= c� J 4L6 -,,a 1. ADDRESS: �� W L �� ►�—hjlf2- ORGANIZATION: - _ CAP -,,o,,,, 1—C SUBJECT :C \ I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: / TO: FROM: ADDRESS: ORGANIZATION: SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address awrite above. ll D_ /J ` 1-1 gnat NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL ORGANIZATION: SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. REGARDING AGENDA ITEM NO. DATE: 1L4" qk4 TO: City Clerk FROM: `^-\�pv. Vil7j5 ADDRESS: ORGANIZATION: SUBJECT: I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. DATE: TO: FROM: ADDRESS: ORGANIZATION: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. SUBJECT:-7l�7/,� .r I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as w ten above. 11(iyiature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. C. DATE: X '-/ 1 7 7 TO: City Clerk FROM: AL /?U�kiP! LC4 ADDRESS: 7 3 C ci EN ORGANIZATION: SUBJECT: (faNSIi)UA71QV O,f fffCJS/oA, OF % ,� 93 y ,9D1�/�isyR,971vf F�� I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: 4'� TO: City Clerk FROM: i ADDRESS: t` y�,fL. VALG ORGANIZATION: SUBJECT: 4�a . 2 Gll2 lzew,% 4 I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and aadress/as written above. Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: _ - V/� �� TO: Citv/'-dlerk FROM: ADDRESS: ORGANI AT SUBJE ' I expect to address the Council on t ubject agenda item. Please have the Council Minutes reflect my name an a ress4,; written above. ture NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL \ REGARDING AGENDA ITEM JJ0.7,/ DATE: ,T,f N L AR y y / 9 i L/ TO: City Clerk FROM: /-IL /?0Mr/L�.4 ADDRESS: 2 3 9' S8 Go t -,D 6- Al J f 21NG S D 2 10( ORGANIZATION: SUBJECT: Cee/ SIAE-R,47/ON CF I) T/4CFRoH L A A 3) I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and address as written above. Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. DATE: % l/ TO: City Clerk FROM: / ADDRESS: ORGANIZATION: SUBJECT: � I expect to address the Council on the subject agenda item. Please have the Council Minutes reflect my name and add:,, s as wri a ab . Signature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. DATE: TO: FROM: ADDRESS: ORGANIZATION: SUBJ*�A: I expect to address the Council on the u),sect Benda item. Please have .the Council Minutes reflect my name and 4drkss ritten above. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL REGARDING AGENDA ITEM NO. Siqnature NOTE: All persons may attend meetings and address the City Council. This form is intended to assist the Mayor in ensuring that all persons wishing to address the Council are recognized and to ensure correct spelling of names in the Minutes. January 4. ;994 Michael P. Garofalo Library Administrator East Region Headquarters County of Los Angeles Public Library 1601 West Covina Farkway West Covina, CA 91790 (818) 960-2861 Phone (818) 337-4495 Fax Internet: MIKEGOCCLAPL.ORG Terry Ballinger City Manager City of Diamond Bar 21660 East Copley Drive Suite 100 Diamond Bar, CA 91765-4177 Dear Mr. Ballinger, On 12/29/93, Eileen Ansari, Frank Usher, Wilbert Hunt, Gillian Ray and I met at the Library to discuss options for C -,--y support in 1994 to improve public services at the Diamond Bar Library. We were asked by Mrs. Ansari and Mr. Usher to present a proposal to you based upon our discussions. In 1992-1993, the Diamond Bar library was open 6 days each week for 50 hours. During the year ending June 30, 1993, over 235,000 persons walked into the Diamond Bar Library. These customers borrowed over 283,000 books, magazines, videos and other items for home use. They asked over 99,000 questions, 40 per hour. The professional staff at the Library presented 212 programs enjoyed by 10,900 people. The library served over 28,000 persons with library cards: 7,404 children, 1,992 teenagers, and 18,586 adults. In 92/93, the Library spent $14,864 on new library materials. Unfortunately, as the result of State level decisions to eliminate the Special District Augmentation fund, the County Library lost 50% of its 93/94 operating budget. The County Board of Supervisors decided to give nearly $9,000,000 from the County General Fund to the Library, in November, 1994, to avoid a service disaster. As a result of these budget reductions, the Diamond Bar Library is now open only 3 days each week for 21 hours, and will spend less than $3,000 on new library materials this year. This situation will not improve in 93/94 and may get worse in 94/95. Letter to Terry Ballinger From Michael Garofalo, 1/4/94 After careful oiscussion on 2/29/93 with everyone concerned, I recommend that the City of Diamond Bar consider using City funds in 1994 to improve the services at the Diamond Bar Library as follows: A. INCREASE THE HOURS OF PUBLIC SERVICE EACH WEEK AT THE DIAMOND BAR LIBRARY We estimate the cost for each additional day of service (7 hours per day) to be around $1,500 per day (as specified in my 12/21/93 letter to you). This $1,500 per day estimate is for providing Full Library Services, i.e, readers advisory services, answering questions, telephone services, childrens story programs, advanced reference services, homework materials assistance, adult information services, research assistance to teenagers, check out services for books, magazines, CDs, audiotapes and videotapes, book renewal service, interlibrary shipments, easy access to the entire 6,000,000 books of the County Library System, childrens cultural and educational programs, meeting room access, summer reading program for children, support from Regional and Specialty Collections, etc.. The following chart can give you an overview of the expected costs: Additional Day Per Week 26 Weeks 52 Weeks One Day Per Week $ 38,850 $ 77,700 Two Days Per Week $ 77,700 $ 155,400 Three Days Per Week $ 116,550 $ 233,100 2 Letter to Terry Ballinger From Michael Garofalo, 1/4/94 Here are some examples of how these additional days could be scheduled at the L-brary. 5 DAYS: 3 regular County Funded Days Open + 2 City Funded Days Open First Recommendation for a 5 Day Schedule: Monday Tuesday Wednesday Thursday Friday Saturday 1- 8 1- 8 1- 8 10 - 5 10 - 5 (With Childrens Programs, e.9, Storytimes, each Thursday and Saturday at 11 a.m.) Second Recommendation for a 5 Day Schedule: Monday Tuesday Wednesday Thursday Friday Saturday 1- 8 1- 8 1- 8 1- 8 10 - 5 (With Group Childrens Programs, e.g, Storytimes, each Wednesday at 2 p.m. and Saturday at 11 a.m.) 6 DAYS: 3 regular County Funded Days Open + 3 City Funded Days Open First Recommendation for a 6 Day Schedule Monday Tuesday Wednesday Thursday Friday Saturday 1- 8 1- 8 1- 8 10 - 5 10 - 5 10 - 5 (With Group Childrens Programs, e.g, Storytimes, each Wednesday at 2 p.m., and Thursday and Saturday at 11 a.m.) Second Recommendation for a 6 Day Schedule: Monday Tuesday Wednesday Thursday Friday Saturday 1- 8 1- 8 1- 8 1- 8 10 - 5 10 - 5 (With Group Childrens Programs, e.g, Storytimes, each Wednesday at 2 p.m., Friday and Saturday at 11 a.m.) 3 Letter to Terry aallinger From Michael Garofalo, 1/4/94 All childrens programs will be presented by Gillian Ray, 1994 Children's Librarian of the Year for the County of Los Angeles Public Library. Staying open till 9 p.m. weekdays, as we did prior to 92/93, would necessitate paying a night bonus to nearly all employees and would increase costs slightly over those quoted. B. PROVIDE SUPPORT FOR PURCHASING NEW MATERIALS AT THE DIAMOND BAR LIBRARY In 90/91 the County Library purchased $ 8,448,749 on new and replacement books, videos, CDs, periodicals, and other Items for library customers. All of these items are available to Diamond Bar library customers. In 90/91, the County Library purchased $ 1,323,581 for the 18 libraries in the East San Gabriel valley. All of these items are also available to Diamond Bar Library customers. In 90/91, the professional staff selected $ 95,665 worth of new materials for shelving at the Diamond Bar Library. The pattern for subsequent years is as follows: Fiscal Year 90/91 91/92 92/93 93/94 Countywide $ 8,448,749 $ 7,272,224 $ 1,765,265 $ 300,000 East Region $ 1,323,581 $ 1,154,407 $ 317,074 $ 57,312 Diamond Bar $ 95,665 $ 82,953 $ 14,864 $ 2,750 As can be seen, our loss of revenue from the State of California has dramatically reduced our ability to purchase much needed and often requested new books, magazines, CDs, and videos. Library customers are very dissatisfied with this sad state of affairs. We would be pleased to accept a grant from the City of Diamond Bar for the purchase of new books or other library materials. I recommend that the City consider a grant of $15,000 or $30,000 for new books for the Diamond Bar Library. We would 4 Letter to Terry Ballinger From Michael Garofalo, 1/4/94 like for the City to consider our recommendations for these two grants: Recommendation 1 for a $15,000 Grant For New Materials $ 5,000 To the Friends of the Diamond Bar Library for their New Books Rental Program. The proceeds from this rental collection would be distributed as follows: 85% used to purcnase new mems for the New Books Rental Program, and 15% to the Library to pay for staff labor costs associated with administering a rental book program. $ 5,000 New and Replacement Non -Fiction Books $ 5,000 New and Replacement Children's Books Recommendation 2 for a $30,000 Grant For New Library Materials $ 8,000 To the Friends of the Diamond Bar Library for their New Books Rental Program. The proceeds from this rental collection would be distributed as follows: 85% used to purchase new items for the New Books Rental Program, and 15% to the Library to pay for staff labor costs associated with administering a rental book program. $ 9,500 New and Replacement Non -Fiction Books $ 6,000 New and Replacement Children's Books $ 4,000 New and Replacement Videos $ 500 New and Replacement CDs $ 2,000 Renew Periodical Subscriptions Now Being Cancelled All of the items held by the Friends would be for use only by customers visiting the Diamond Bar Library. Normally, all other items in the collection are available to everyone in the County Library. However, it might be possible to restrict the use of the items purchased in 1994 by the City of Diamond Bar to only customers that come into the Diamond Bar library, but this restriction requires some additional labor costs to control inventories on the automated system. I am exploring options available in this area, and will advise you later. 5 Letter to Tarry Ballinger From Michael Garofalo, 1/4/94 �n conclusion, T hope the above recommendations are clear and reflect fairly the discussions that Mrs. Ansari, Mr. Usher, Mr. Hunt, Mrs. Ray, and I hac on 12/29/93. We were also informed about a possible public ciscussion regarding the County Library in the City of Diamond tar set for the January 4, 1994, City Council meeting. If you need more information do not hesitate to call me. Sincerely, A/, U qa �) cc: Eileen Ansari, Ann Stevens, Margaret Wong, Michael McClintock, Wilbert Hunt MPG 1/4/94 C:\W5FUND\816CSL2.J94 M CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 577 TO: MEETING DATE FROM: Terrence L. Belanger, City Manager January 4, 1994 REPORT DATE: December 23, 1993 Lynda Burgess, City Clerk TITLE CERTIFICATE OF EXAMINATION - REFERENDUM PETITION SUMMARY: On August 24, 1993, a referendum petition consisting of 436 sections and containing 4,166 signatures was presented to the City Clerk for filing. Pursuant to a Writ of Mandate issued by the Court, the petitions were transmitted to the Los Angeles County Registrar-Recorder/County Clerk for signature verification. The Registrar -Recorder completed her examination of the petitions on December 16, 1993 and certified that 3,189 signatures were valid. The petitions are now deemed qualified because 2,650 signatures were necessary. RECON 2VIENDATION: It is recommended that the City Council receive and file the Certificate of Examination and the accompanying signature veritification report provided by the Los Angeles County Registrar-Recorder/County Clerk. EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes X No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: Terrence L. Belanger rank M. tshei L nda Burgess City Manager Assistant City Manager City Clerk s 21660 EAST COPLEY DRIVE • SUITE 100 DIAMOND BAR, CA 917654177 909-860-2489 • FAX 909-861-3117 CERTIFICATE OF EXAMINATION 114 31 a 3119-3zI7i1V,1BJ'*IV* cil`1 I, Lynda Burgess, City Clerk, City of Diamond Bar, California, hereby certify: That the Petition entitled "Referendum Against Resolution No. 93-58 Passed by the City Council" has been examined pursuant to California Elections Code Section 4054. I have examined said petition and, as a result of such examination, have determined the following: 1. The total number of valid signatures required by law is 2,650. 2. The prima facie total number of signatures on the petition is 4,116. 3. The total number of valid signatures is 3,189. 4. The total number of disqualified signatures is 927. 5. The total number of petition sections is 436. 6. The total number of petition sections qualified is 436. 7. The petition is found to be sufficient. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this 17th day of December, 1993. O (SEAL) Lyn Burgess, ciclerk Gary H. Wemer Clair W. Harmony Eileen R. Ansad Gary G. Miller Phyllis E. Papen Mayor Mayor Pro Tem Councilmember Councilmember Councilmember ��DNDEq� COUNTY OF LOS ANGELES REGISTRAR-RECORDER/COUNTY CLERK ,g 12400 IMPERIAL HWY. - P.O. BOX 1024, NORWALK, CALIFORNIA 90651-1024 BEATRIZ VALDEZ REGISTRAR-RECORDER/COUNTY CLERK December 16, 1993 Ms. Lynda Burgess, City Clerk City of Diamond Bar 21660 East Copley Drive, Suite 100 Diamond Bar, California 91765-4177 Dear Ms. Burgess: Enclosed are 436 petition sections pertaining to a referendum against Resolution No. 95-58 submitted for signature verification on November 17, 1993. The results of the signature verification are as follows: Number of signatures filed 4,116 Number of signatures verified 4,116 - Number of signatures qualified 3,189 - Number of signatures not qualified 927 Total 4,116 As a related matter, and as discussed with Alice Rivers of my staff, the number of registered voters in the City of Diamond Bar as of July 3, 1993 was not reported to the Secretary of State. The last report of registration certified to the Secretary of State was dated February 10, 1993 and shows 26,504 as the number of voters for your city. This figure should be used in determining the number of signatures required for petition certification in accordance with Elections Code Section 4008. Please call Alice Rivers of the Election Coordination Unit at (310) 462-2632 if you need any additional information. Very truly yours, ,e _ 4 BEATRIZ V DEZ Registrar-Recorder/County Clerk y1:DIABAR.12/93 City C'OA31joGENDA Tuesday, January 4, 1994 7:00 P.M. South Coast Air Quality Management District Auditorium 21865 East Copley Drive Diamond Bar, California Mayor Gary H. Werner Mayor Pro Tem Clair W. Harmony Council Member Eileen R. Ansari Council Member Phyllis E. Papen Council Member Gary G. Miller City Manager Terrence L. Belanger Interim City Attorney Michael Montgomery City Clerk Lynda Burgess Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 860-2489 during regular business hours. In an effort to comply with the requirements of Title II of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodations) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. rtease rejram from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. Next Resolution No. 94-1 Next Ordinance No. 01 (1994) 1. CALL TO ORDER: 7:00 P.M. PLEDGE OF ALLEGIANCE: Mayor Werner ROLL CALL: Councilmembers Ansari, Papen, Miller, Mayor Pro Tem Harmony, Mayor Werner 2. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Please complete a Speaker's Card and give it to 3. COUNCIL COMMENTS: Items raised by individual Council - members are for Council discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. 4. SCHEDULE OF FUTURE EVENTS: 4.1 Planning Commission Meeting - January 10, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 4.2 Traffic & Transportation Commission - January 13, 1994 - 6:30 p.m., AQMD Hearing Room, 21865 E. Copley Dr. 4.3 City Council Meeting - January 18, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 4.4 Public Workshop Concerning Development of Pantera Park - January 13, 1994 - 7:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5. CONSENT CALENDAR: 5.1 APPROVAL OF MINUTES - Regular Meeting of December 7, 1993 - Approve as submitted. 5.2 WARRANT REGISTER - Approve Warrant Register dated January 4, 1994 in the amount of $741,806.23. JANUARY 4, 1994 PAGE 2 5.3 TREASURER'S REPORT - Receive and file Treasurer's Report for Month of November 1993. 5.4 TRANSMITTAL OF FINAL AUDIT REPORTS FOR YEAR END JUNE 30, 1993 - The accounting firm of Thomas, Bigbie & Smith has been retained as auditors for the City. In conjunction with this service, final audit reports for FY 92-93 have been prepared and are being transmitted. There were no material items of concern noted in the course of the audit; therefore, no Management Letter was received for the 1992-93 fiscal year. Recommended Action: Receive and file the Final Audit Reports for FY 92-93 as prepared by Thomas, Bigbie & Smith. 5.5 BOND EXONERATION - Grading Cash Bond - 2743 Rocky Trail - The City desires to exonerate the surety cash bond posted for grading located at 2743 Rocky Trail Road in the amount of $1,206. The owners, EMK Enterprises, Inc., have now decided not to construct at this address. Recommended Action: It is recommended that the City Council release the surety cash bond posted in July 1992 for single family residence grading at 2743 Rocky Trail Road in the amount of $1,206. It is further recommended that the City Clerk be directed to notify EMK Enterprises, Inc. and Coast Federal Bank of the City Council's action. 5.6 BOND EXONERATION - GRADING CASH SURETY BOND - 2521 BRAIDED MANE DR. - The City desires to exonerate the surety cash bond posted for grading located at 2521 Braided Mane Dr. in the amount of $27,076. Rough grading has been approved. Recommended Action: It is recommended that the City Council approve and accept the completed work and exonerate the surety cash bond posted in August 1991 for single family residence grading at 2521 Braided Mane Dr. in the amount of $27,076. It is further recommended that the City Clerk be directed to notify Gary Miller and Home Federal Bank of the City Council's action. 5.7 CERTIFICATE OF EXAMINATION - REFERENDUM PETITION - On August 24, 1993, a referendum petition consisting of 436 sections and containing 4,116 signatures was presented to the City Clerk for filing. Pursuant to a Writ of Mandate issued by the Court, the petitions were transmitted to the Los Angeles County Registrar- Recorder/County Clerk for signature verification. The Registrar -Recorder completed her examination of the JANUARY 4, 1994 PAGE 3 petitions on December 16, 1993 and certified that 3,189 signatures were valid. The petitions are now deemed qualified because 2,650 signatures were necessary. Recommended Action: Receive and file Certificate of Examination and the accompanying signature verification report provided by the Los Angeles County Registrar- Recorder/County Clerk. 6. PUBLIC HEARINGS: 6.1 DEVELOPMENT AGREEMENT NOS. 92-1 AND 2; VESTING TENTATIVE TRACT MAP NO. 51407, CONDITIONAL USE PERMIT NO. 92-8 AND OAK TREE PERMIT NO. 92-8; VESTING TENTATIVE TRACT NO. 32400, CONDITIONAL USE PERMIT NO. 91-5, AND OAK TREE PERMIT NO. 92-3; TENTATIVE TRACT MAP NO. 51253 AND CONDITIONAL USE PERMIT NO. 92-12; OAK TREE PERMIT NO. 92- 9; THE SOUTH POINTE MASTER PLAN; AND ENVIRONMENTAL IMPACT REPORT NO. 92-1 continued from November 16, 1993 - The proposed project involves a request for several discretionary land use permits. As a result of the City Council's action of December 14 to repeal Resolution No. 93-58 which adopted the General Plan, the City finds itself without a basis for decision making regarding the City's long-term physical development. Recommended Action: It is recommended that the project be tabled until the adoption of the General Plan. 6.2 CONSIDERATION OF RECISION OF AB939 ADMINISTRATIVE FEE - The City's integrated waste management activities are currently funded through the assessment of an AB 939 Administrative Fee of $0.35 per household per month, $6.00 per commercial account per month, and $40.00 pre containerized unit per month. Based on last years figures, the City is projecting to raise about $78,000 in revenues this fiscal year to offset the City's anticipated costs of administering the City's solid waste permit system and integrated waste management programs. The City Council, at their December 14 meeting directed staff to evaluate the reasonableness and effectiveness of this fee in order to support its continuance. Recommended Action: Retain the existing AB 939 Administrative Fee and direct staff to explore possible funding alternatives, as part of the 1994-95 budget process and develop recommendations for the Council's consideration. JANUARY 4, 1994 PAGE 4 7. NEW BUSINESS: 7.1 CONSIDERATION OF DETACHMENT FROM LAD 38 - To Determine Whether not the City should proceed with the detachment of a portion of the City, as shown on Exhibit A, from the citywide Landscaping Assessment District No. 38. Recommended Action: In view of the fact that the benefits derived apply equally to all residents and parcels within the City, it is recommended that Council not initiate the detachment proceedings for a portion of the City within L.A.D. No. 38. Furthermore, it is recommended that the Council direct staff to begin the annual assessment proceedings in March of 1994 for L.A.D. No. 38. 7.2 AWARD OF CONTRACT FOR BUILDING AND SAFETY SERVICES - In October, the City concluded its relationship with a private consulting firm previously providing the City with municipal building and safety services. Concurrent with the employment of an interim building and safety staff the City prepared and distributed a Request for Proposal (RFP) to 15 consultant firms. Staff reviewed the 11 proposals received, conducted interviews with the 4 most qualified candidates, checked references and negotiated fees with the most capable consultant team. Recommended Action: Award a contract to D & J Engineering to provide Building and Safety services. 8. OLD BUSINESS: 8.1 STATUS OF GENERAL PLAN ADVISORY COMMITTEE (GPAC) APPOINTMENTS AND GENERAL PREPARATION PROCESS - Recommended Action: Appoint General Plan Advisory Committee (GPAC) members and set date of first meeting for GPAC. 9. ANNOUNCEMENTS: 10. CLOSED SESSION: May Convene to Consider: Matters of Pending Litigation (G.C. 54956.9). 11. ADJOURNMENT: JANUARY 4, 1994 PAGE 4 7. NEW BUSINESS: 7.1 CONSIDERATION OF DETACHMENT FROM LAD 38 - To Determine Whether not the City should proceed with the detachment of a portion of the City, as shown on Exhibit A, from the citywide Landscaping Assessment District No. 38. Recommended Action: In view of the fact that the benefits derived apply equally to all residents and parcels within the City, it is recommended that Council not initiate the detachment proceedings for a portion of the City within L.A.D. No. 38. Furthermore, it is recommended that the Council direct staff to begin the annual assessment proceedings in March of 1994 for L.A.D. No. 38. 7.2 AWARD OF CONTRACT FOR BUILDING AND SAFETY SERVICES - In October, the City concluded its relationship with a private consulting firm previously providing the City with municipal building and safety services. Concurrent with the employment of an interim building and safety staff the City prepared and distributed a Request for Proposal (RFP) to 15 consultant firms. Staff reviewed the 11 proposals received, conducted interviews with the 4 most qualified candidates, checked references and negotiated fees with the most capable consultant team. Recommended Action: Award a contract to D & J Engineering to provide Building and Safety services. 8. ANNOUNCEMENTS: 9. CLOSED SESSION: May Convene to Consider: Matters of Pending Litigation (G.C. 54956.9). 10. ADJOURNMENT: CITY OF DIAMOND BAR NOTICE OF PUBLIC MEETING AND AFFIDAVIT OF POSTING STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS. CITY OF DIAMOND BAR ) The Diamond Bar City Council will hold a Regular Meeting at the South Coast Air Quality Management District Auditorium, located at 21865 E. Copley Dr., Diamond Bar, California at 7:00 p.m. on Tuesday, January 4, 1994. Items for consideration are listed on the attached agenda. I, LYNDA BURGESS, declare as follows: I am the City Clerk in the City of Diamond Bar; that a copy of the Notice for the Regular Meeting of the Diamond Bar City Council, to be held on January 4, 1994 was posted at their proper locations. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this Notice and Affidavit was executed this 23rd day of December, 1993, at Diamond Bar, California. /s/ Lynda Burgess Lynda Burgess, City Clerk City of Diamond Bar MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR DECEMBER 7, 1993 1. CALL TO ORDER: M/Miller called the meeting to order at 6:00 p.m. in the AQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The audience was led in the Pledge of Allegiance by Mr. Red Calkins. INVOCATION: The Invocation was presented by Pastor Robert Clayton, Diamond Bar Worship Center; Mrs. Rachel Natiiv, Temple Shalom; Reverend Margaret Hedden, New Life Fellowship Church; Reverend Wonkyu Shin, Sam Sung Korean Presbyterian Church; Dr. Ahmed Sakr, Walnut Valley Islamic Center; and, Ram Parasher. ROLL CALL: Mayor Miller, Mayor Pro Tem Papen, Council Members Werner, Forbing and MacBride. Also present were Terrence L. Belanger, City Manager; Andrew V. Arczynski, City Attorney; James DeStefano, Community Development Director; George Wentz, Interim City Engineer; Bob Rose, Community Services Director and City Clerk Lynda Burgess. 2. PRESENTATIONS: 2.1 M/Miller presented a City Tile to Mr. Joe Ruzicka in appreciation for his dedicated service as a member of the Board of Directors on the Diamond Bar Improvement Association for the past six years. 3. CONSENT CALENDAR: 3.1 APPROVAL OF MINUTES: 3.1.1 Regular meeting of November 2, 1993 - Approved as submitted. 3.1.2 Regular meeting of November 16, 1993 - Approved as submitted. 3.4 TREASURER'S REPORT - Month of October, 1993 - Received and filed. 3.5 REJECTED CLAIM FOR DAMAGES: 3.5.1 Claim for indemnification filed by L.A. County November 3, 1993 in the matter of Neal Charles Dewitt, et al., v. City of Diamond Bar and referred the matter for further action to Carl Warren & Co., the City's Risk Manager. 3.5.2 Claim for indemnification filed by L.A. County November 3, 1993 in the matter of Fernando DECEMBER 7, 1993 PAGE 2 Diaz v. County of Los Angeles, et al and referred the matter for further action to Carl Warren & Co., the City's Risk Manager. 3.6 APPROVED EXONERATION OF GRADING SURETY BOND POSTED FOR 2500 CROWFOOT - Approved work completed and exonerated Surety Bond No. 3-05-01025-6 posted for grading in the amount of $28,000. 3.7 ADOPTED RESOLUTION NO. 93-77: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 2, 1993, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW. 3.8 APPROVED MEMORANDUM OF UNDERSTANDING FOR THE GRAND AVENUE TRAFFIC SIGNAL SYNCHRONIZATION/ARTERIAL IMPROVEMENTS PROJECT BETWEEN THE CITY AND THE LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY (MTA). MATTERS WITHDRAWN FROM CONSENT CALENDAR: 3.2 CALIFORNIA GOVERNMENT CODE SECTION 995 LEGAL DEFENSE IN THE MATTER OF GROSS V. MILLER; AND, REIMBURSEMENT AGREEMENT - CM/Belanger recommended that the City Council memorialize and ratify the agreement between the City and the law firm of Wildish & Nialis and that the City Council enter into an agreement for reimbursement between the City and Gary G. Miller and that an invoice for $5,328 be paid. CM/Belanger, in response to C/Werner, stated that all agreements entered into by the City Council are subject to review. The City Council has the authority to con- tinue with an agreement, rescind it or terminate it through the provisions of the agreement within their discretion. M/Miller explained that he directed staff to prepare a reimbursement agreement, subject to the conditions listed. CA/Arczynski stated that California Government Code 955 obligates a city to pay for defense and indemnity of any employee (which includes City Council members) in the event of a judgment for acts or omissions. The law provides the City with the ability to deny the defense and refuse to indemnify, in the event certain specified findings are made, such as corruption, fraud, actual malice or the employee was not in the course and scope of employment of the time of the injury. Oscar Law expressed concern that the pending lawsuit against M/Miller is more of a personal matter than a business matter. DECEMBER 7, 1993 PAGE 3 M/Miller explained that the litigation relates to an accusation made that he, as Mayor, not as a private individual, had spoken inappropriately at a realtors caravan. William Gross began to explain the circumstances relating to the litigation of Gross v. Miller. MPT/Papen questioned the appropriateness of discussing the matter during public comments. CA/Arczynski stated that Mr. Gross does have the right to question the agreement and express his belief that the City should not ratify the agreement; however, this is probably an improper forum to discuss the merits of the litigation. Mr. Gross pointed out that Miller v. Gross was a personal litigation that was dismissed and that Case No. KC014266 is the same Case No. as the cross complaint, Gross v. Miller. The taxpayers should not have to pay for the litigation costs involved in this cross complaint because it, too, is a personal matter. He pointed out that it is inappropriate for C/Forbing and C/MacBride to vote on the matter since they have been elected out of office. Max Maxwell expressed concern that the City is being asked to pay for the costs relating to this personal litigation matter. He suggested that the issue be post- poned to allow further investigation, and that it be placed on a future agenda as an item for discussion, and not as an item on the Consent Calendar. Lawrence Rhoads pointed out that the agreement is con- ditioned whereby if it is proved that the Mayor was not working within his capacity as Mayor, then the City does not have to pay the litigation fees. Barbara Beach-Courchesne stated that since the Mayor initiated the first complaint, a personal lawsuit that created this cross complaint, then it should remain the Mayor's obligation to pay the litigation fees involved. M/Miller clarified that he paid for the lawsuit filed against Mr. Gross, not the City. He reiterated that Mr. Gross filed a lawsuit against him for a speaking engagement as Mayor of the City of Diamond Bar. C/Forbing moved, MPT/Papen seconded to memorialize and ratify the agreement between the City and the law firm of Wildish & Nialis; to enter into an agreement for reim- bursement between the City, and Gary G. Miller and that an invoice for $5,328 be paid with the understanding that M/Miller agrees to reimburse the City for any and all legal fees and costs paid for if it is determined that DECEMBER 7, 1993 4. PAGE 4 his act or omission was not within the scope of his employment, or if it was determined that he acted, or failed to act because of actual fraud, corruption, or actual malice. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Forbing, MacBride, MPT/ Papen, M/Miller NOES: COUNCILMEMBERS - Werner ABSENT: COUNCILMEMBERS - None 3.3 WARRANT REGISTER - MPT/Papen stated that the City Council, last year, scheduled $2,500 for City Council education and training, which to date, has not been used. She noted that the Warrant Register includes a request from two Council members to attend a team building workshop hosted by the League of California Cities at a cost of $2,500. Since only 2 of the 5 Council members would be attending the meeting, and the entire budgeted amount would be used towards the cost of the workshop, MPT/Papen suggested that it may be appropriate to pull this item from the Warrant Register, to be discussed at a later date when the new Council members have been installed. MPT/Papen moved, C/MacBride seconded to approve the Warrant Register, withdrawing a request from two Council members to attend a team building workshop at a cost of $2,500 for further discussion. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Werner, Forbing, MacBride, MPT/Papen, M/Miller NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None ADMINISTRATION OF.OATHS OF OFFICE: 4.1 PRESENTATIONS TO COUNCILMEMBERS JOHN FORBING AND DEXTER MACBRIDE - M/Miller recognized Councilmember Dexter MacBride for his outstanding dedication to the City as a member of the City Council. C/MacBride expressed his appreciation to the City. He then encouraged the community to become involved in opposing the location of the City of Industry's proposed Materials Recovery Facility (MRF), to be located at the border of Diamond Bar next to the YMCA, Lanterman, and the little league fields. M/Miller recognized Councilmember John Forbing for his outstanding dedication to the City as a member of the City Council. DECEMBER 7, 1993 PAGE 5 4.1.1 PRESENTATIONS BY CHAMBER OF COMMERCE - Cathy Cook, the President of the Diamond Bar Chamber of Commerce, presented C/MacBride with a Certificate of Appreciation for his support and service given to the Chamber. Cathy Cook presented C/Forbing with a Certificate of Appreciation for his support and service given to the Chamber. Ann Stephens, representing L.A. County Supervisor Dean Dana, presented plaques to C/MacBride and C/Forbing to express appre- ciation for their dedication and service as Council Members for the City of Diamond Bar. 4.2 SWEARING-IN OF COUNCILMEMBERS-ELECT - EILEEN R. ANSARI, CLAIR W. HARMONY AND GARY H. WERNER - Assemblyman Paul V. Horcher administered the Oaths of Office to Clair Harmony, Eileen Ansari and Gary Werner as Council Members for the City. 4.3 REORGANIZATION OF CITY COUNCIL: 4.3.1 SELECTION OF MAYOR - C/Harmony moved, C/Ansari seconded the nomination of C/Werner as mayor. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Harmony, Ansari, Werner NOES: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - Papen, Miller ABSENT: COUNCIL MEMBERS - None 4.3.2 SELECTION OF MAYOR PRO TEM - M/Werner moved, C/Ansari seconded to nominate C/Harmony as Mayor Pro Tem. C/Papen nominated C/Ansari as Mayor Pro Tem. Nomination died for lack of second. With the following Roll Call vote, C/Harmony was elected Mayor Pro Tem: AYES: COUNCIL MEMBERS - Ansari, Harmony, M/Werner NOES: COUNCIL MEMBERS - Papen ABSTAIN: COUNCIL MEMBERS - Miller ABSENT: COUNCILMEMBERS - None 4.4 PRESENTATION TO MAYOR GARY G. MILLER - M/Werner presented C/Miller with a gavel as the City's token of appreciation for his dedicated service as Mayor of the City Council. DECEMBER 7, 1993 PAGE 6 C/Papen expressed apprecation to Mr. MacBride and Mr. Forbing for their service and dedication to the City through the past years. She then thanked the community for their participation in the YMCA book sale, which netted over $3,400. She then reported that the charges against C/Miller and herself had been dropped regarding the lawsuit involving Diamond Bar Associates v. the City. She also reported that the Industry Metrolink Station is the number one station in the whole Metrolink system, carrying 40% of the total ridership for the Riverside line. She stated that by the first of January 1994, there will be two exits to the parking lot --one of them with a traffic signal on Brea Canyon Road. John Lee, with Mayor Riordon's Office, presented a Certificate of Congratulations to M/Werner and extended congratulations to MPT/Harmony and C/Ansari. RECESS: M/Werner recessed the meeting at 7:30 p.m. for a reception. RECONVENE: M/Werner reconvened the meeting at 7:45 p.m. 5. PUBLIC COMMENTS: Patti Anis, 1125 Bramford Ct., read a letter from Nick Anis congratulating the elected Council Members and inquiring when the election for the General Plan would be held. Dave Reynolds, 1160-C N. Golden Springs, presented a general overview of recycling as it related to the waste diversion report. He pointed out that if the City was to maximize the participation in the collection of recyclables, then a MRF, such as the one proposed in the City of Industry, would not be economically viable because there would not be enough material to be recovered out of the MRF. He suggested that there be joint lobbying efforts to domestic and unused market development to deal with the effects of the waste diversion laws in place. George Barrett congratulated the elected Council Members. He suggested that the Council consider changing the format of the meetings to respond to comments made by the public while he/she is still at the podium. Lydia Plunk, 1522 Deerfoot Dr., requested that the Council direct staff to explore the idea of the Oak Tree as the City Tree. Robert Quartucy, resident and President of the D.B. Lively Senior Citizens, thanked the Council on behalf of the Seniors for the new Community Center. He also acknowledged the efforts of staff, particularly CSD/Rose, AA/Fritzal and AA/Barlow. Michael Yoder, 18881 Von Karmen, Irvine, representing Diamond Bar Associates, referring to statements made by C/Papen and DECEMBER 7, 1993 PAGE 7 C/Miller regarding the lawsuit Diamond Bar Associates v. the City, clarified that the court has found that C/Miller and C/Papen were immune from being sued personally, and that the City must defend against the charges. He also stated that Diamond Bar Associates had unsuccessfully attempted to get a resolution on the merits, and they had not been given an opportunity to answer questions asked by the City's expert consultants in connection with Tract #47850. CA/Arczynski stated that the Council has been fully apprised during Closed Session discussions of the status of the matter and further statements to Mr. Yoder need not be made at this time. C/Papen requested that the City Clerk prepare a verbatim transcript of Mr. Yoder Is remarks and forward the statement to the attorneys handling the lawsuit for the City. She noted that the subject project was denied without prejudice, giving Diamond Bar Associates the opportunity to reapply and go through the Planning Commission. The City has also offered binding arbitration, but it has been rejected. She then stated that Diamond Bar Associates donated $4,100 to M/Werner's re-election campaign and $3,500 to MPT/Harmony's campaign. Mr. Chiman Kotecha congratulated the elected Council Members, and wished them wisdom in their decision makings. Don Schad congratulated the new Council Members. He offered his assistance to the Council as needed. Terry Birrell, 1528 S. Gold Canyon Dr., congratulated the new Council Members. She then made various comments regarding the recall attempt of C/Papen and stated that she feels there is a conflict of interest involving C/Papen and the exclusive trash hauling issue. C/Papen requested a verbatim transcript of the statements made by Ms. Birrell. She responded to some of the comments made and expressed concern that she is continually being harrassed. MPT/Harmony stated that it is inappropriate to use staff time to make a transcript of Ms. Birrell's comments since they relate to Mr. Lowe. M/Werner noted that, since there doesn't seem to be any objections among the Council to C/Papen's request, it was appropriate for C/Papen to receive a transcript of the comments made. Barbara Beach-Courchesne congratulated the elected Council members. She expressed support of the recall efforts of Council Members Miller and Papen. Max Maxwell congratulated the elected Council Members. He DECEMBER 7, 1993 PAGE 8 stated that he would be presenting a document to the City Council containing information relating to some of C/ Miller's actions regarding three issues: the South Pointe Master Plan, the Grand Ave. Agreement and his association with RnP. He requested that the information be fully investigated and presented to the FPPC with a request for a response as to its status quo. He expressed support for the recall of Council Members Papen and Miller. Frank Dursa, 2533 Harmony Hill Dr., congratulated the elected Council Members and requested an audit of all costs related to the General Plan, to include all the attorney's fees paid by the City over and above the normal retainer fees, as well as other attorney's fees for lawsuits brought about by C/Miller and C/Papen. He expressed support for the recall efforts of C/Miller and C/Papen and suggested that both consider resigning from the Council. C/Miller stated that he was elected into office by a fairly significant part of the community and he would remain until voted out of office. William Gross also requested that the City review and investigate the lawsuits brought about by Council Members in the past as a way to determine a constructive solution to end the bickering and resolve the issues. He then expressed support for the recall efforts of Council Members Miller and Papen. M/Werner expressed his concern regarding the effectiveness of the new City Council if much of the time is to be taken with continuous negative statements. He requested that the community give the Council the opportunity to pursue many of the avenues and suggestions voiced over the last two years. The City Council is anxious to begin making the progress needed to move the City forward. He suggested that it may be beneficial if those involved in the recall efforts and those subject to recall efforts to refrain from making comments, which do not belong at this forum, so that. the City Council can conduct City business. Lawrence Rhoads concurred that this is not the appropriate forum to establish a recall, even though there is a lot of support from the citizens. Jim Paul congratulated the new councilmembers. Ken Anderson requested the City Council to direct staff to request the Sheriff's Department to investigate the tearing down of recall signs thoughout the City. C/Papen questioned if the temporary recall signs being posted throughout the community on telepone poles and private driveways are allowed per the City's sign ordinance. In deference to the comments made regarding the number of DECEMBER 7, 1993 PAGE 9 lawsuits filed, C/Papen then asked Mr. Anderson to drop his lawsuit against the City. Mr. Anderson stated that, since the lawsuit filed is for due process to assure that the City honor the condition of the CUP for the Country Hills Towne Center prohibiting a restaurant with a cocktail lounge or bar because of the mixed use, and because of the shared parking situation, he would not drop the lawsuit. CA/Arczynski, in response to C/Papen's inquiry regarding the temporary signs, stated that the phone company and Southern California Edison have requested, in writing, that the City remove such signs from their facilities because of safety factors to their personnel. Furthermore, such signs attached to parkway trees and such are prohibited by the City. CM/Belanger stated that the signs have been defined as signs on private property, which means they do not fall under the provisions of the temporary sign ordinance as presently written. He stated that he is not aware of City staff removing signs under the provisions of the code. MPT/Harmony noted that the enforcement of political signs are part of the non -complying type sign provisions. He stated that whether a referendum or a recall has been certified, it is still a political process and citizens deserve the right of freedom of speech and expression. The Sign Ordinance should be given some reconsideration. Beni Omi requested C/Miller and C/Papen to resign.. John Katowski, 1856 Kiowa Crest Dr., suggested that the City consider doing away with public works signs posted at almost every government project because it insinuates that it is being paid for by the listed political powers and not by the people. He pointed out that the City needs to start paying attention to other problems in the City other than develop- ment such as emerging gangs and idle youngsters needing direction. 6. COUNCIL COMMENTS: C/Miller inquired as to the number of lawsuits filed by D.B. Citizens to Protect Country Living. CA/Arczynski recalled two specific lawsuits with additional actions filed under the first. In response to another inquiry by C/Miller, he stated that he does not recall receiving direction nor comment from C/Miller to either file against anyone or consider suing people in this community. C/Ansari thanked those who supported her election. She stated that the City needs to get back to business, begin-ning by dealing with the General Plan, the proposed MRF and the decrease in library services. DECEMBER 7, 1993 PAGE 10 MPT/Harmony suggested that since there is not a lot of public support for the General Plan, it would be inappro-priate to expend a lot of money for a public vote. He suggested that the document be returned to a Citizens Committee to refine the document within a 90 to 120 day process. He stressed the importance of open government, inviting and encouraging those interested to be involved. He then recommended that the Council tape record the Executive Sessions so that there is a record of what is said, hopefully encouraging Council members to act pro-fessionally. Also, Roberts Rules of Order needs to be instituted. He stressed the importance of having good relations with congressional and state delegations for the City's well being to gain support in such issues as the proposed MRF. He then announced that there would be an outreach program at Ken's Hardware with representatives from the Walnut Valley School District, Commissions and City Council to obtain opinions from citizens. He also announced that the Stonegate Sycamore tract installed Christmas lights and that Coyote Springs residents will also have Christmas lights, with a New Year's Day parade and a chili cookoff. He then concurred that public works project signs should indicate that a project has been paid for by the citizens. M/Werner thanked those who supported his re-election, and stressed the importance of returning back to City business. He concurred with MPT/Harmony that the Council needs to be made more user friendly, and that City offices should be accessible to the public so that the public feels welcome to meet with members of staff or the Council. He requested that staff draft a resolution adjusting meeting times from 6:00 p.m. to 7:30 p.m. M/Werner stated that he would prefer that the Council provide an immediate response, or as quickly as possible, to any comment or issue brought before the Council. He then stated that the General Plan should be rescinded and that a committee should be formed consisting of representatives from citizens' groups, property owners, developers and representatives from each of the City's commissions to review the General Plan and identify those issues that need to be dealt with to the satisfaction of the Council. He indicated that he would like to remove as many lawsuits as possible, bringing matters back to this particular forum so that the Council can deal with the issues. He requested that the City Attorney pursue allegations of conflict of interest as brought forth by Mr. Maxwell. In regard to the South Pointe Master Plan, he expressed concern that it is improper for the Council to act as both a regulator of the entitlement and, as a developer, a beneficiary of that property. He requested staff to bring back to the Council, at the earliest time possible, some recommendations with regard to the establishment of a non-profit conservancy development corporation so that the property can be transferred to those organizations. He suggested the establishment of a Redevelopment Agency to assist the School District in building the infrastructure necessary through that property to accommodate the proposed South Pointe Middle School, and the DECEMBER 7, 1993 PAGE 11 development of open space, commercial, housing or whatever land use is best determined for that property. There should be a balance between the open space and development activities so that the acquisition and maintenance of open space does not become a hinderance upon the taxpayer of the City. He requested that these suggestions come back before the Council for concept discussion. MPT/Harmony moved to reconsider agenda item 3.2 C/Papen inquired if, under Roberts Rules of Order, MPT/Harmony can call for a motion on an issue that he did not vote on. CA/Arczynski stated that, under Roberts Rule of Order, a motion to rescind a previously taken action in its entirety must be made by someone who voted in the affirmative on the original motion. However, Council can direct to place the item on the next agenda for consideration. MPT/Harmony expressed concern that the issue was improperly acted upon by the City Council previously. He stated that there is an urgency on the matter because a check in the amount of $5,400 is to be issued tomorrow unless the matter is dealt with now. CA/Arczynski, in response to M/Werner, stated that the Council has the authorization to direct staff to withhold the warrant, pending reconsideration of the item. The City Council voted upon the motion made by C/Harmony, seconded by C/Ansari to rescind and reject the legal defense agreement in the matter of Gross v. Miller. Motion failed by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, MPT/Harmony NOES: COUNCIL MEMBERS - Miller, Papen, M/Werner ABSENT: COUNCIL MEMBERS - None M/Werner moved, MPT/Harmony seconded to schedule an emergency meeting on December 14, 1993 to reconsider item 3.2 of the Consent Calendar and to direct staff to withhold payment until the matter has been resolved. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - Ansari, MPT/Harmony, M/Werner NOES: COUNCIL MEMBERS - Papen, Miller ABSENT: COUNCIL MEMBERS - None 7. SCHEDULE OF FUTURE EVENTS: 7.1 PLANNING COMMISSION - December 13, 1993 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 7.2 TRAFFIC & TRANSPORATION COMMISSION - December 16, 1993 - 6:30 p.m. - AQMD Hearing Room, 21865 E. Copley Dr. 7.3 PARKS & RECREATION COMMISSION - December 16, 1993 - 7:00 DECEMBER 7, 1993 PAGE 12 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 7.4 CITY COUNCIL MEETING - December 21, 1993 - 6:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 8. NEW BUSINESS: 8.1 RESOLUTION NO. 93-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF LANDSCAPE IMPROVEMENTS ON GRAND AVENUE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS - C/Papen excused herself from discussion of this matter. CM/Belanger reported that the plans and specifications for the Grand Ave. guardrail landscape improvements were prepared as directed by the City Council on June 1, 1993 meeting. He recommended that the Council approve the plans and specifications for this project. Don Schad recommended that indigenous plants be consid- ered for the landscaping. He offered his services to assist in that direction. ICE/Wentz reported that Mr. Schad's comments were passed on to the design consultants on this project. The plans and specifications were also reviewed by the Parks & Recreation Department. Staff will investigate to assure that Mr. Schad's comments were appropriately considered in the specifications. MPT/Harmony noted that the watering system in the area is in need of repair. MPT/Harmony moved, C/Ansari seconded to adopt Resolution No. 93-78: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION OF LANDSCAPE IMPROVEMENTS ON GRAND AVENUE IN SAID CITY AND AUTHORIZING AND DIRECTING THE CITY CLERK TO ADVERTISE TO RECEIVE BIDS. With the following Roll Call vote, motion carried: AYES: COUNCIL MEMBERS - MPT/Harmony, Ansari, Miller, M/Werner NOES: COUNCIL MEMBERS - None ABSTAIN: COUNCIL MEMBERS - Papen ABSENT: COUNCIL MEMBERS - None MATTERS WITHDRAWN FROM CONSENT CALENDAR: 3.3 WARRANT REGISTER - M/Werner reported that he, C/Ansari and CM/Belanger were scheduled to participate in a team building workshop held by the League of California Cities. DECEMBER 7, 1993 PAGE 13 C/Papen suggested that, since there is only $2,500 budgeted for the entire Council for education and training, it would seem appropriate that each Council Member be given a $500 limit for spending. M/Werner indicated that he had not been made aware of the costs relating to the workshop and withdrew his request to participate in it. C/Ansari also withdrew her request to participate in the workshop. 9. ANNOUNCEMENTS: C/Ansari encouraged the community to support the Diamond Bar library by donating their time and money to the facility. M/Werner welcomed C/Ansari and MPT/Harmony to the City Council. 10. CLOSED SESSION: M/Werner adjourned the meeting to Closed Session at 10:15 p.m. for the purpose of pending litigation, G.C. 54956.9; personnel matters, G.C. 54957.6 or purchase/sale of real property, G.C. 54946.8. M/Werner announced that the City Council, during Closed Session, agreed to terminate legal services with the present counsel, effective immediately. It was also the consensus of Council to retain the services of Michael B. Montgomery, as interim City Attorney, with an RFP to be sent out at a future date for City Attorney services. C/Papen, who voted against the retention of Mr. Montgomery, stated the following reasons for her opposition: Mr. Montgomery has represented plaintiffs against the City in 5 to 9 lawsuits; two Council Members may have a conflict of interest in voting on the retention of Mr. Montgomery because he represents them in private matters that may result in financial gain; Mr. Montgomery has not been a City attorney since 1980; and the proposal does not include a fee schedule. C/Miller expressed concern that the City has hired an interim City Attorney that has not been interviewed and has not given a fee schedule for his services. He also expressed concern that many of the decisions made this evening were predetermined. MPT/Harmony pointed out that the cases represented by Mr. Montgomery against the City have proven that he is a good attorney. He also pointed out that there is no conflict of interest because he is not suing anyone, nor seeking damages. He stated that the termination of Mr. Arczynski's services is a result of a lack of confidence because of his unique position. This termination creates an urgency for an attorney to protect the City. DECEMBER 7, 1993 11. ADJOURNMENT: the meeting at 7:00 p.m. ATTEST: PAGE 14 With no further business to conduct, was adjourned at 12:35 p.m. to December 14, 1993 Mayor LYNDA BURGESS, City Clerk DECEMBER 7, 1993 PAGE 13 C/Papen suggested that, since there is oriTy-� budgeted for the entire Council for education and training, it would seem appropriate that each Council Member be given a $500 limit for spending. M/Werner indicated that he had not been made aware of the costs relating to the workshop and withdrew his request to participate in it. C/Ansari also withdrew her request to participate in the workshop. 9. ANNOUNCEMENTS: C/Ansari encouraged the community to support the Diamond Bar library by donating their time and money to the facility. M/Werner welcomed C/Ansari and MPT/Harmony to the City Council. 10. CLOSED SESSION: M/Werner adjourned the meeting to Closed Session at 10:15 p.m. for the purpose of pending litigation, G.C. 54956.9; personnel matters, G.C. 54957.6 or purchase/sale of real property, G.C. 54946.8. Closed Session adjourned to regular meeting at 10:50 p.m. M/Werner announced that the City Council, during Closed Session, moved to terminate legal services with present counsel, effective immediately. Motion carried by the following Roll Call vote: AYES: COUNCILMEMBERS - Ansari. MPT/Harmony, M/Werner NOES: COUNCILMEMBERS - Miller, Papen ABSENT: COUNCILMEMBERS - None M/Werner further announced that during Closed Session, the City Council moved to retain the services of Michael B. Montgomery, as interim City Attorney, with an RFP to be sent out at a future date for City Attorney services. Motion carried by the following Roll Call vote: AYES: COUNCILMEMBERS - Ansari, MPT/Harmony, M/Werner NOES: COUNCILMEMBERS - Miller, Papen ABSENT: COUNCILMEMBERS - None C/Papen stated the following reasons for her opposition to hiring the Interim City Attorney• Mr. Montgomery has represented plaintiffs against the City in 5 to 9 lawsuits; two Council Members may have a conflict of interest in voting on the retention of Mr. Montgomery because he represents them in private matters that may result in financial gain; Mr. Montgomery has not been a City attorney since 1980; and the proposal does not include a fee schedule. I N T E R O F F I C E M E M O R A N D U M TO: Mayor Pro Tem Harmony and Council Member Ansari FROM: Linda G. Magnuson�ccounting Manager SUBJECT: Voucher Register, January 4, 1994 DATE: December 21, 1993 Attached is the Voucher Register dated January 4, 1994. As requested, the Finance Department is submitting the voucher register for the Finance Committees review and approval prior to its entry on the Consent Calender. The checks will be produced after any recommendations and the final approval is received. Please review and sign the attached. CITY OF DIAMOND BAR VOUCHER REGISTER APPROVAL The attached listing of vouchers dated January 4, 1994 has been audited approved and is recommended for payment. Payments are hereby allowed from the following funds in these amounts: FUND NO. FUND DESCRIPTION AMOUNT 001 General Fund $430,394.83 118 Air Quality Improvement Fund 102.31 125 CDBG Fund 138 LLAD 138 Fund 28,189.09 139 LLAD 139 Fund 860.14 141 LLAD #41 Fund 225.96 225 Grand Ave Const Fund 90.47 227 Traffic Mitigation Fee Fund 509.00 225,421.07 250 CIP Fund 56,013.36 TOTAL ALL FUNDS $741,806-23 APPROVED BY: Linda G. Ma on Accounting Manager Terrence L. Belanger City Manager Clair W. Harmony Mayor Pro Tem Eileen R. Ansari Council Member __N"13R NAM: V;�T7P 7" DATCH ----------_------- AR43eryiCe 441@4'- ;'Rericar. Sivaoe L.r r i - f 41A fats -::322 22119 1 »11011+C1 44% .7crsultlq Li 44I 1 2 4 *0011-404-1300 i 4H104A Brea, City 0; Braictv +1�1i 4358-53N9 1 491940 -2 Brialiadcro, S;iv:o iardo O01-2344-1402 1 411 *41-2300-1002 2 4611 4A +001-111621 1 401044 Bljrcess' Lvn't1; P.."T 40011-2390-1987 3 4010A -2 D75 .2'21 fi', 1J4 c c r 1 12:1,-'_2 1 1 IJ6 P -j JO 9 -------- g4; 3 2tiupo;ie;-Reagan29.96 29, 12!"21 =.,a0 F7J10-3,5 inch Drive 98,28 12/211 011/04 R 146 ojie5-p�; uiz r ;4,13 DljE FD q -------- 12121 91;04 31302 5ervices-1203 26, 739.31 73%; DUE VEN'DOR 17 26.39,30 12121, 1I/44 Refuni-Deposit iirtue ??k. 190,40 12121 01/04 Refund-Depcsit Hrtue prR 14.90 12121 01/04 7?fund-Deposit HrtGE Pri. AL DIF VENDOR 1212% 1.1+14 Refund Deposit Hrtce Prk 109,00 Till"AL )�U VENDOR 00. W �ND:IS tihMc _r_h a NT --------------------.. _.. . - -- - - /7518 �!�-h�7 �4yw4 >✓ 4716tfM iii 4Jv� '.j p 1�: �, :� � 'r S- i y`��Y + 4L_t^-4:U9-t,4 11 i i_n v 4 411, oi4p,4 1! :.acr ! �, 5 i. r?4 'iV f W_4 -tis -5593 �2r'1 91 %i1µ � ..tar +.,a. e�an ;-Oct 93 ';*.ger a, r�'l•�i.3+� h - ' 1fi E VENDOR ------ -- 3.815.2 t96'..�9R6-8239 ? 4�1i 44 =} -7i^ .L;?1 j";44 8i2372 �_9pU e. ; i -' 7°J1M GyPadeS L6. �. W,'7 Tr7AL Di F VND R - --- -. 460. t, Bros SGnr-,-- ,; ,]: j!'Cr,ir'hTCS . i 4961-4359-1266 1 46164~ i ;16,9 `.212' 91i94 62970 A�;ana;,t. Foiiioment 681.93 711741. %E VENDOR --------: 7. B. Charter of atterce DBfhatber f�Ai-µ 16-2325 2 4614w_?>2.i 96;614 Ntl - lerneT, AnsaTi 38.66 91664194 6666626806 TOTAL 'REPAID AMOUNT 36,68 7,7A1 DUE VENDOR ---------> 9.66 ^alai, yieansh;; rala'•+ima 4961-2336-6692 4 4616111 12121 61;64 Reiund De^osit HTt9e Pro 22.66 x661-2346-1992 5`+6194-1 12/21 6ii94 Refund Derxsit Rrtae Prk 1,78.90 4001-3626 "c 419044 12/21 91!64 Refund Deposit Hrtoe Prk. 17A.06- 1117AL Jam= !)tNDOR--------� lay -iters DavTiters 4991-4636-1206 441648 12/21 0144 1287562666; Stat;r:rary 5unnlies 77AL D4, VENDO9 _... ----. Gent of 7Tansaortatian DeotTrans 499?_4tyc-8567 1 491944 12!21 91164 128162 5iQP!,_i?htq Svcs -Oct 13 868.61 TOTAL NE VENDOR -------- 868,67 Diamond Aar Business 950c 333;;.<..N55c:c 4091-4996-2219 12/21 91/64 :pan Catton Area Maint 656.66 TC7AL ulUr VENDOR -- -- -; f,P,M VENDOR k07 4n, N'T P�'-.T(-NI' ------------------------------------- RT'H on, T 4EAC, ----------------------------------------------- + 4 12.;'2 1 AiI64 .4B 1049 x:`152 5 !2%21 !I . A' 'A j — 94 2 W04B C 162S 12 2 I.iO4 I I'M 116 . I f "'i C - M 2 d a n i Pj I d 1 7 L DUE VFqDIIR 4B .171'1�,22 .2121 C.i@4 411475729 '1411es-FOancLa-i-IrMem� h, 40104B rti9.1ti22 .2/21 411I04 011496225 S 1, -, 11 iC es-MIi 21,11 Ok 88/1622 12 01/44 41154023 =jmlies-Engr/PubWis 4A104g 40;1622 12121 0144 011541520 Gunglies-'Mar 401`'4;, 91.111622 12/21 01!04 011541523 Su plies -Gen 58vt {001-4310-1100 i4 f C I 01,B q 2 62' � I 12 12 1 01 i44 L 011IS416119 ., 1 -, 14 L. p r k & ReC +091 ;350-1200 2 401042 q3iI622 12"21 H/Oh AIII541625 Supahes-Rpereatim Svcs '-gig {001-4510 11A�? 2 4011A4",j "4;1622 12/21 01/44 0/1541629 iijup 7! ies -Ellmr llpubi5 261,87 ""T4L DUE VENDOR --------- 17162 .62 FIA Federal '.edit P&AcO-a {00l 2110-100' 40144E 12/21 0114 rredit Uniap Ded-PP25 1,520M 01144R4 t949021400 TC711L (REPAID AMOUNT TTIII PUE VENDOR fonlel Prndijr-al :{W. 4C94R 01IN741 12121 01144 259626 .,mer,'Fusei Lube TOTAL DUE VENDOR 154.57 7rjijr Seasons gallpr Irc Pour -Season '001-4095-1240 44144p 4Ii17121 12121 01/04 Hakidav Banners 1.30.52 '"TTL DUE VENDOR --------- % 1,380,52 �A WARD 12/21 41/44 Altprraie Fuel Svcs-CtIC.T 33,144 TOTAL D'u'd VENDOR W44B 12121 01144 220,94 fft1-4050-2334 2 401049 12/2" 01/04 220.0 7nTAII DUE VENDOR --------- - 440.04 7a2a NAME wz. Z" m 922at »2mP THE#. 3265: 522: e2«r2� 9. a2,: asz 9mt ww4a@z2 i49q 2Jl64 2« 22 sEr 9%r KE JNDrjq > 8 2 8 9EQ2REG 2F @e 452226 :a9p gJ:tZ# RaE:4x9gR &, 5045 2&L DJF YENDIT –i s,g � GLR2» 2P R1 &2§ ;aJ\ 32!04!04 Ra@%se2l2-e 9531 Iek DUE VENDOR ----> I EEQSRmG £P SHE a g:ae 221 6Z# ;w2@ae5-&\ ! &I#v w]z Z4 I DUEy#E ----> ? z� ;s QSRmG TOE 041-4313-2125 12121 @Z* Re, &s- qe 9i msL;7 £N[R ---; 5.4s ST 5 2!e 2§5525 . g 24 JJ! %�■ R2, 9c S#er■ aB R,k TOTh, HE VENDOR gs! . @-sdRes&ER 5aa 2 4104E §J! tZ# 2172 rapa E Aa! " .N 0%149626 1 w; z 12/21 z# 21,13 5loae &at >,N 27: AL Oulk E##----> u2■.H Huntergm +■■ E9 Jxia ! 441#4C @G! W44 2S %R£ Graphics 2 t TOTAL SE EknR 2E :e« 25 Rc 22 G24R£Ae OL-14 2wlaEtGa9§ 22!01/04 ge ea5 32,\a#k 224a3.85 TFAL 2EVqDRG -------- > 20.91s8s • �, 1 !- _. ----------------------------------- - _ a�'c;;: a cee;aorts ISDressive 4 14104C 9111741 41141 ,11+-54,x1 441911 .'vUntV' s +891-=55-5598 !. 481rkt:, .�! unty Pub:i: iso 'fs LA.rpub4} +941-;555-5594 i 46194" _o&F Power Engineers LS1;'Porar +,341- 4. 130-4000 1 40104C Lee, ` c;ar 23 +9af 3;'2 1 40I04C Leigh cr, and Associates i'Cgh on +001-1390-1412 3 491040 +011-2,100-1412 4 401040 +041-2340-1012 1 49104C +001 2399-1912 2 48184x, ."anis +001-34'8 2 4110A Lceren,stein Inc SCh2ff2V +125-4215-6250 4 40104E 01ii693 12 ,1 ;.Ua a^.i; .•Are ,. *hBSk.=j',._-.-'h;pt, .�;,':3 7!2 }i 73421-28: Oa ChTQ - tf L1 M1%114 1-�,h t. Svcs _ b. L 1 E 'JEwa1R------- 791.432,;1. 1.,,.,1 91,`94 94A"W'264 4ea_d rantro,, 8/9.'• '9,145,95 TrTA`DUE VENDDR 1.2121 81;44 Ng4�0000872 Serer "lain Connection -U'&, 15'4,09 TOTAL ii!E V'N30Q -- -- -. 154.40 12121 91/04 97584 Prof Svcs -Industry NRF 265.25 TOTAL DUE VENDOR --------, 265.25 12/21 01/04 R?creaticr, Refund 99,110 7"AL DUE VENDOR ---------- 99.99 12/21 01104 89x20 Prof avcs EN93-30 297.99 12/21 01/04 81198 Prof Svcs EN93-39 92.N 12,121 91/04 81109 Prof Svcs - EN93-36 109.50 12/21 9i/94 8111: Prof Svcs EN93-39 442,0 '"AL DUE VENDOR --------;, 440.59 12i21 01/94 9639 Recreation Refund 21,00 TOTAL DIJF VENDOR -- -- 21,04 1212: 41/04 260607 EPaig-HrtaPrk,oee0,r 21,384,94 41/04/94 9000621407 ;OTAL PREPAID AMOUNT 21,384,94 TSTA'•- DUE VENDOR -_ - --; 9.98 =aDng NAME �Fv3R '" DROJ.TX-NC BATCH P5.6' X/NC. 7N. t }9 '•T f { Ka Stree`. Taus Mainstraet +001 ;350-531? 1 40104C, _ ... '�. 1111: 2; ;- ..11424 - 11x1'. s :j 7, iie'.'i-'`� a*tin Cha�sar Cg.tln3 �.►? r„ ar,,.a 1001 ;640-2390 1 40104 7. 711 L,1;'23 ,-7 T'JTVj_ 31"1 'VENDOR 1!i} ' ii VLi.e +125-4215-b254 2 41W, 01/1692 2.21 01104 12704 6 11",15 Mph:: 4401-4310-2310 =41'04C 7/21 01/0 K2475615 7uel - larks d Maint 32.65 W'-4210-2314 1 40104C 12/21 4144 K52TF04 ,uei - Planr,i"o I 1001 4310-2319 2 40191" 1..2/21 01i94 NS274952 fuel - Parts 4 Maim ,;, 3'..45 T"TAL 511E VENDOR --- --- 65.42 Municipal rode Cera. MuniCIde +001-4140-4009 2 4414C 01i160u 12/21 41104 A3743r Cgaifit.i ion Svcs 6.960.00 TCTA':- DUE VENDOR ?!vers, Elizateti yver;E +?01-x210-4090 i 461040, 12121 01/44 93D829 Pr; sv_s-SEATAC Minutes 100.00 +001-4210-4000 2 401441. 12/21 01/34 93DB20 Prf Svcs-Ping Mtc-1'121 140.0 x001-11310-4000 1 401041. 12/21 01144 93DB21 Prf Svcs-PAR Mtn-11/16 260.90 TOTAL DUE VENDOR -- --s 1100.80 Newell Enterprises Newell +401-3620 3 4010C 12/21 41/04 3562 Pk Security-Sa Evt 1213 64.50 h- TOTAL ;;11E VEND73 Nguyen:., David p +o07-2340-1402 6 44 12 /2. , , D 1r�1+. 4 lark Deposit Refund 200.00 T074L DIE VENDOR --•- - ----i 200.80 C;B Reprographics CCBR,aro"r +250-4314-6415 06094 7 44114C 12!21 01/04 715711 RDA Retrofit-Molhill Pins 60.93 TOTAL DLIE VENDOR '��NDOR NAM=' �dtVr`'hn •' A -MINT PRD .<(-NC FAT,H �� r1iE YD. -N Rv," E `„-- �, ,. M7 14T _ 'A- ----------------------------- -------------- .1--- ^r'_';master I•, 'tl�.ti� .�ilta r_.. +aa; 1429 Partsust, 1 4ala4D 8411659 7 . 47!18=a `c Yr G. LTi” Pomona Industriai me i_al pn4Iremed +taxi -431a-8988 1 4A184D Public Ego! Retirement PERS +A.A1-21,18-1998 1,A 40 4E *001-2110-1008 t 4AJPkr Ratan 1 'ucier RutanTuci.r +841.4028-4871 1 40194D Sam Petersen 6 As506ates SaePeters tt;21 a1 A4 X957 -a unal;es +4e*iTtae Pri 41+57 Tlrni ns;r :V—.kr:rP ----.----. p_r +1. :2'1 Aiiay 99i�4 ?ecreaTi-r Refund NDCR 44 _ 21 a1 84 lavroll 'ransier PP25 47.04.0 81!84194 40080025 `1747 PREOaID AMOUN' 4'.449,88 Tn_'A' DUE VENDOR - -----. AA 1.2121 81184 PrePiacemnt Pby;ital-P3R 134,18 ICTAL DlJE VENDOR •-------i 134.0 :2121 81194 Retirement-Egolover PP25 21A6.50 91rA4.r94 888882!408 12121 81!84 Qatirea�nt-Emaicyfie PP25 2+874,33 81104194 0008021406 7TAL WRrP41D AMOUNT ----, 5.485.83 TOTAL DUE VENDOR - -- -. 8.0 12121 81184 iegaiavc-DRAssc vs Miller 11.876.29 TOTAL DUE VENDOR -------} 11.876.21 +258-4318-6415 06594 6 44194D 91111824 12121 81!84 825599 Rase Maps-Pantera Prk 4.138.22 TO'Ai_ DUE VENDOR - - -> 4.138.22 Sur,off DeDosltior r�QfE +881-4029-4821 2 44114- 12121 91'84 Tran5crnts-DRA5sC vs City 260.19 TOTAL ;UE VENDOR -------- 260,14 Sir apeedv SirSpeedy +991-4099-2119 4. 481940 1.2121 01194 13212 3tatiorary Suu niies 10S.94 -rr-AL DUE UENDOR ENDOR NAMF �prn:JNT BATCH POJ-.INEi4C. ENTqyij�!c -,J;�rTn- �Z"RTPT TIN A D U NN T 001 7 44184D312/21 1-�-.md-Deoos' t 4 aI-4311-2126 j 94 2121 y 1 = Zlar'r:r Svcs Paul *001-4316-2126 IIrIW 'C4'T C "ics Maole lq4:1 121'21 81!94 Kectrir Svcs petersonprk 179,66 4901-43126-2126 i 001-'311-21I 26 1, iq 1 94 P Electric Svcs .91;4trdGePT 1 - 231.89 !21"21 81!44 Electric Svcs Sycalre Cyn 299"75 TOTAL DUE VECDCR 4041-4:S3-2126 I'M! 9:/14 TraHic Control Svcs 2,915,87 TOTAIi DUE VENDOR -------- 2.915.87 Southern Ca. cdisop S,CaEdison W 4 -I@C'riC SVCS Dist IA ?IM4 TOTAL DUE VENDOR 216.14 Southern ',a, 'rjsLlp socaEdis'ol f141-4541-2126 1. 4494r, 12121 81!04 71ec'ric Svcs Dist 41 94,47 TOTAL DUE VENDOR -------- 90,47 Southern Ca. Edison Svcac'disop 4139-4539-2126 1 44104D 12/21 6144 Fle&ric SNcs. Dist 39 225.96 TOTAL DUE VENDOR -------- ?25.95 -IFD "onsultino Services TWonsult 001-455t-5221 05694 4 40114D 4111731 12/21 41104 Sewer Systee-Country 2,501.04 T�7AL DUE VENDOR --- ---- 2 Takeshita. Slever. 12121 01104 9951,47reation Refund 9S.H J, TOTSL AL ME VENDOR --------- 15. H T-.ne Out Personnel Svc' TimeCut 4991 4848-4y88 3 4010D 12121 01104 939416 Te4p Svc;-CClk Dect .54.37 TOTAL DUE VENDOR 64.127 _Eve. ENTRY i z,_ 717 - .., . gid`------------ MaterDis 401040 Yosv'ite too i - h;y,y4D 0',:620 ieii=rua_( iei2�CaL` +a01-4050-7200 2 4C,44�1 02.17 P . 001-4(YSA-1Gki� 41i34D alr'1119 `-2%21 Ali;4 '.2'21 ai�i!,:��iar�fisua3 Svts-Dec Y3 300.09 711TAL DUE VENDOR :2121 01%04 400550270 Dec E,u io RentlaterDisp TOTAL DUE VENDOR -------- L2.4 .?(21 b110w 11061338000 3aaputer Paoer 70.89 it 2i 0t%04 !-1061338000 Co?y Faaar ''"-5,32 71'.. AL DUE VENDOR ----•---- i 626.21 TOTAL PREPAID ----- - -> 75.420.77 TCT31 DUE ---------------> 666.385.46 T1TAL REPORT ------------> 741.806.23 JR+tt - � TOTAL .. aY ' ' Ea .. '`" - li, EXH%F NEW EVEN 391A. 83 �5 T; _ 33 a A c 3. ; ., 227 7:a[:i_ i 73? .1= - 225 520-17 r Ca� p3h A Air r,_ i _ ..-- - - 'M -5 l t 685.92'+,44 CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. �. TO: Honorable Mayor and City Council MEETING DATE: January 4, 1994 REPORT DATE: December 21, 1993 FROM: Linda G. Magnuson, Accounting Manager TITLE: Treasurer's Report - November 30, 1993 SUMMARY: Submitted for Council's review and approval is the Treasurer's Statement for the month of November 1993. RECOMMENDATION: Review and approve. LIST OF ATTACHMENTS: "X Staff Report Resolution(s) Ordinances(s) Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: Public Hearing Notification _ Bid Spec. (on file in City Clerk's Office) _ Other 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission? Which Commission? 5. Are other departments affected by the report? Report discussed with the following affected departments: Kr;V �W�ll 13y:: Y �I rrence L. City Manager Yes_ No N/,q _ Yes X No Yes X No Yes X No elaer F ank M. Us a Linda G. Mag on Assistant City Manager Accounting Manager CITY COUNCEL REPORT AGENDA NO. MEETING DATE: January 4, 1994 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: Treasurer's Statement - November 30, 1993 ISSUE STATEMENT: Per City policy, the Finance department presents the monthly Treasurer's Statement for the City Council's review and approval. RECOMMENDATION: Approve the November, 1993 Treasurer's Statement. FINANCIAL SUMMARY: No fiscal impact. BACKGROUND: Submitted for Council's review and approval is the Treasurer's Statement for the month of November 1993. This statement shows the cash balances for the various funds, with a breakdown of bank account balances and investment account balances. PREPARED BY: Linda G. Magnuson CITY OF DIAMOND BAR TREASURER'S MONTHLY CASH STATEMENT November 30, 1993 GENERAL FUND $4,676,197.60 $625,863.56 $978,418.52 $4,323,642.64 TRAFFIC SAFETY FUND 46,025.80 6,991.98 53,017.78 GAS TAX FUND 2,817,164.68 110,599.94 1,101.49 2,926,663.13 TRANSIT TX (PROP A) FD 638,910.73 10,582.08 628,328.65 TRANSIT TX (PROP C) FD 1,026,072.63 302.25 1,025,770.38 INTEGRATED WASTE MGT FD 25,802.95 3,343.05 3,937.93 25,208.07 AIR QUALITY IMPRVMNT FD 48,257.78 14,262.11 33,995.67 STATE PARK GRANT FUND (40,000.00) (40,000.00) PARK FEES FUND 190,224.76 190,224.76 COM DEV BLOCK GRANT FE (8,560.80) 8,418.52 (16,979.32) LANDSCAPE DIST #38 FD 134,281.37 5,655.00 11,210.16 128,726.21 LANDSCAPE DIST #39 FD 65,395.64 1,562.07 11,202.42 55,755.29 LANDSCAPE DIST #41 FD 110,163.40 700.49 18,368.88 92,495.01 GRAND AV CONST FUND 446,112.21 16,451.11 429,661.10 TRAFFIC MITIGATION FEE FD 295,237.87 62,265.37 232,972.50 CAP IMPROVEMENT PRJ FD 55,798.46 74,737.21 (18,938.75) SB 821 FUND 157,921.53 157,921.53 SELF INSURANCE FUND 380,761.00 380,761.00 TOTALS 11,065,767.61754,716.09 1,211,258.05 $0.00 $10,609,225.65 SUMMARY OF CASH: DEMAND DEPOSITS: INVESTMENTS: GENERAL ACCOUNT $281,557.17 PAYROLL ACCOUNT 587.44 CHANGE FUND 100.00 PETTY CASH ACCOUNT 500.00 TOTAL DEMAND DEPOSITS $282,744.61 TIME CERTIFICATES $0.00 COMMERCIAL PAPER 0.00 L.A. I. F. 10, 326,481.04 TOTAL INVESTMENTS 10,326,481.04 TOTAL CASH $10,609,225.65 CTTV Ar MTX1u 6Vn AXQ AGENDA REPORT AGENDA NO. J TO: Honorable Mayor and City Council MEETING DATE: January 4, 1994 REPORT DATE: December 15, 1993 FROM: Linda G. Magnuson, Accounting Manager TITLE: Transmittal of Final Audit Reports for year ended June 30, 1993 The accounting firm of Thomas, Bigbie & Smith has been retained as auditors for the City of Diamond Bar. In conjunction with this service, final audit reports for FY 92-93 have been prepared and are being transmitted. There were no material items of concern noted in the course of the audit, therefore there was no management letter received for the 1992-93 fiscal year audit. During FY 92-93, the City received funds from the Federal Government via the Community Development Commission (Community Development Block Grant). As a result, additional reports were prepared as and are being transmitted as required by the Single Audit Act. RECOMMENDATION: Receive and file the Final Audit Reports for FY92-93 as prepared by Thomas, Bigbie, and Smith. LIST OF ATTACHMENTS: Staff Report Resolution(s) Ordinances(s) Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: _ Public Hearing Notification _ Bid Spec. (on file in City Clerk's Office) X Other Final Audit Reports FY 92-93 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission? Which Commission? 5. Are other departments affected by the report? Report discussed with the following affected departments: Yes_ No Yes_ No Yes_ No Yes_ No errence L. Be"F nk M. Linda G. Ma n son City Manager Assistant City Manager Accounting Manager AGENDA ITEM NO. 5.4 FINAL AUDIT REPORTS FOR YEAR ENDED JUNE 30, 1993 ARE AVAILABLE FOR PUBLIC INSPECTION IN THE OFFICE OF THE CITY CLERK City of Diamond Bar I N T E R O F F I C E M E M O R A N D U M TO: Honorable Mayor and City Council VIA: Terrence L. Belanger, City Manager -4)1. FROM: Linda G. Magnuson-; Accounting Manager SUBJECT: FY 92-93 Audit Reports DATE: December 15, 1993 The accounting firm of Thomas, Bigbie and Smith has been retained by the City of Diamond Bar to perform the annual audit of the City's financial records and procedures. In conjunction with this service, audit reports for FY92-93 have been prepared and submitted. Attached are the various audit reports for your information. There were no material items of concern noted in the course of the audit, therefore there was no management letter received in conjunction with the 1992-93 fiscal year audit. As required by state law, the City is making said reports available to the public. The audit reports will be formally submitted to the Council as a part of the agenda at the January 4, 1994 City Council meeting. Thomas, Bigbie & Smith An Accountancy Corporation Certified Public Accountants City Council City of Diamond Bar Diamond Bar, California Single Audit Report on the Internal Control Structure Used in Administering Federal Financial Assistance Programs - No Material Weaknesses When There Are No Reportable Conditions Independent Auditors' Report on the City's Internal Control Structure Over Its Federal Financial Assistance Program Donald L. Thomas, Cl'A (Retired) V.C. Smith, Jr., CPA Jerry D. Bigbie, CPA Richard A. Teaman, CPA We have audited the general-purpose financial statements of the City of Diamond Bar, California, as of and for the year ended June 30, 1993, and have issued our report thereon dated September 9, 1993. We have also audited the compliance of the City of Diamond Bar, California with requirements applicable to major federal financial assistance programs and have issued our report thereon dated September 9, 1993. We conducted our audits in accordance with generally accepted auditing standards; Government Auditing Standards, issued by the Comptroller General of the United States; and Office of Management and budget Circular A-128, Audits of State and Local Governments. Those standards and OMB Circular A-128 require that we plan and perform the audit to obtain reasonable assurance about whether the general-purpose financial statements are free of material misstatement and about whether the City of Diamond Bar, California complied with laws and regulations, noncompliance with which would be material to a major federal financial assistance program. In planning and performing our audits for the year ended June 30, 1993, we considered the internal control structure of the City of Diamond Bar, California in order to determine our auditing procedures for the purpose of expressing our opinions on the general-purpose financial statements of the City of Diamond Bar, California and on the compliance of the City of Diamond Bar, California with requirements applicable to major programs, and to report on the internal control structure in accordance with OMB Circular A-128. This report addresses our consideration of internal control structure policies and procedures relevant to compliance with requirements applicable to federal financial assistance programs. We have addressed internal control structure policies and procedures relevant to our audit of the general-purpose financial statements in a separate report dated September 9, 1993. 4201 Brockton Avenue, Suite 100 • Riverside, California 92501 9 Telephone (909) 682-4851 9 Facsimile (909) 682-6569 The management of the City of Diamond Bar, California is responsible for establishing and maintaining an internal control structure. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of internal control structure policies and procedures. The objectives of an internal control structure are to provide management with reasonable but not absolute assurance that assets are safeguarded against loss from unauthorized use or disposition, transactions are executed in accordance with management's authorization and recorded properly to permit the preparation of general-purpose financial statements in accordance with generally accepted accounting principles, and federal financial assistance programs are managed in compliance with applicable laws and regulations. Because of inherent limitations in any internal control structure, errors, irregularities, or instances of noncompliance may nevertheless occur and not be detected. Also, projection of any evaluation of the structure to future periods is subject to the risk that procedures may become inadequate because of changes in conditions or that the effectiveness of the design and operation of policies and procedures may deteriorate. For the purpose of this report, we have classified the significant internal control structure policies and procedures used in administering federal financial assistance programs into the following categories. Accounting Controls: Budget Cash Investments Revenue and Receivables - Governmental Funds Interfund Service Charges - Proprietary Fund Types Expenditures for Goods and Services and Accounts Payable Payroll and Related Liabilities Property, Equipment and Capital Expenditures Debt and Debt Service Expenditures Self -Insurance Single Audit and Similar Grant Programs Administrative Controls: General Requirements Political Activity Davis -Bacon Act Civil Rights Cash Management Relocation Assistance and Real Property Management Federal Financial Reports Allowable Cost Drug -Free Workplace Act Administrative Requirements Specific Requirements Types of Services Allowed or Unallowed Approval of Release of Funds Environmental Certification Accounting for Program Income Reviewing Expenditures for Propriety For all of the internal control structure categories listed above, we obtained an understanding of the design of relevant policies and procedures and determined whether they have been placed in operation, and we assessed control risk. During the year ended June 30, 1993, the City of Diamond Bar, California expended 92 percent of its total federal financial assistance under a major federal financial assistance program. We performed tests of controls, as required by OMB Circular A-128, to evaluate the effectiveness of the design and operation of internal control structure policies and procedures that we considered relevant to preventing or detecting material noncompliance with specific requirements, general requirements, and requirements governing claims for advances and reimbursements and amounts claimed or used for matching that are applicable to the major federal financial assistance program of the City of Diamond Bar, California which are identified in the accompanying Schedule of Federal Financial Assistance. Our procedures were less in scope than would be necessary to render an opinion on these internal control structure policies and procedures. Accordingly, we do not express such an opinion. Our consideration of the internal control structure policies and procedures used in administering federal financial assistance would not necessarily disclose all matters in the internal control structure that might constitute material weaknesses under standards established by the American Institute of Certified Public Accountants. A material weakness is a condition in which the design or operation of one or more of the internal control structure elements does not reduce to a relatively low level the risk that noncompliance with laws and regulations that would be material to a federal financial assistance program may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control structure and its operations that we consider to be material weaknesses as defined above. This report is intended for the information of management and the City Council. However, this report is a matter of public record and its distribution is not limited. September 9, 1993 Thomas, Bigbie & Smith An Accountancy Corporation Certified Public Accountants City Council City of Diamond Bar Diamond Bar, California Report on the Internal Control Structure Based on an Audit of General -Purpose Financial Statements Performed in Accordance With Government Auditing Standards - No Material Weaknesses When There Are No Reportable Conditions Independent Auditors' Report on the Internal Control Structure of the City of Diamond Bar, California as an EntitX Donald L. 'Phomas, CPA (Retired) VC. Smith, Jr., CPA Jerry D. Bigbie, CPA Richard A. Teaman, CPA We have audited the general-purpose financial statements of the City of Diamond Bar, California as of and for the year ended June 30, 1993, and have issued our report thereon dated September 9, 1993. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general-purpose financial statements are free of material misstatement. In planning and performing our audit of the general-purpose financial statements of the City of Diamond Bar, California, for the year ended June 30, 1993, we considered its internal control structure in order to determine our auditing procedures for the purpose of expressing our opinion on the general-purpose financial statements and not to provide assurance on the internal control structure. The management of the City of Diamond Bar, California is responsible for establishing and maintaining an internal control structure. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of internal control structure policies and procedures. The objectives of an internal control structure are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition and that transactions are executed in accordance with management's authorization and recorded properly to permit the preparation of general-purpose financial statements in accordance with generally accepted accounting principles. Because of inherent limitations in any internal control structure, errors or irregularities may nevertheless occur and not be detected. Also, projection of any evaluation of the structure to future periods is subject to the risk that procedures may become inadequate because of changes in conditions or that the effectiveness of the design and operation of policies and procedures may deteriorate. 4201 Brockton Avenue, Suite 100 • Riverside, California 92501 . Telephone (909) 682-4851 • Facsimile (909) 682-6569 For the purpose of this report, we have classified the significant internal control structure policies and procedures in the following categories. Budget Cash and Investments Revenue and Receivables - Governmental Funds Interfund Service Charges - Proprietary Fund Types Expenditures for Goods and Services and Accounts Payable Payroll and Related Liabilities Property, Equipment and Capital Expenditures Debt and Debt Service Expenditures Self-insurance For all of the internal control structure categories listed above, we obtained an understanding of the design of relevant policies and procedures and whether they have been placed in operation, and we assessed control risk. Our consideration of the internal control structure would not necessarily disclose all matters in the internal control structure that might be material weaknesses under standards established by the American Institute of Certified Public Accountants. A material weakness is a condition in which the design or operation of one or more of the internal control structure elements does not reduce to a relatively low level the risk that errors and irregularities in amounts that would be material in relation to the general-purpose financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control structure and its operations that we consider to be material weaknesses as defined above. This report is intended for the information of management and the City Council. However, this report is a matter of public record and its distribution is not limited. September 9, 1993 Thomas, Bigbie & Smith An Accountancy Corporation Certified Public Accountants City Council City of Diamond Bar Diamond Bar, California Single Audit Report on Compliance With the General Requirements Applicable to Federal Financial Assistance Programs Donald L. Thomas, CPA (Retired) V.C. Smith, Jr., CPA Jerry D. Bigbie, CPA Richard A. Teaman, CPA lgpendent Auditors' R,gport on the City of Diamond Bar California's Compliance With General Requirements We have audited the general-purpose financial statements of the City of Diamond Bar, California, as of and for the year ended June 30, 1993, and have issued our report thereon dated September 9, 1993. We have applied procedures to test the City of Diamond Bar, California's compliance with the following requirements applicable to its federal financial assistance programs, which are identified in the Schedule of Federal Financial Assistance, for the year ended June 30, 1993: General Requirements: Political Activity Davis -Bacon Act Civil Rights Cash Management Relocation Assistance and Real Property Acquisition Federal Financial Reports Allowable Costs Drug-free Workplace Act Administrative Requirements Our procedures were limited to the applicable procedures described in the Office of Management and Budget's Compliance Supplement for Single Audits of State and Local Governments. Our procedures were substantially less in scope than an audit, the objective of which is the expression of an opinion on the City of Diamond Bar, California's compliance with the requirements listed in the preceding paragraph. Accordingly, we do not express such an opinion. 4201 Brockton Avenue, Suite 100 • Riverside, California 92501 . Telephone (909) 682-4851 • Facsimile (909) 682-6569 With respect to the items tested, the results of those procedures disclosed no material instances of noncompliance with the requirements listed in the second paragraph of this report. With respect to items not tested, nothing came to our attention that caused us to believe that the City of Diamond Bar, California had not complied, in all material respects, with those requirements. This report is intended for the information of management and the City Council. However, this report is a matter of public record and its distribution is not limited. t_J September 9, 1993 Thomas, Bighie & Smith An Accountancy Corporation Certified Public Accountants City Council City of Diamond Bar Diamond Bar, California Single Audit Opinion on Compliance With Specific Requirements Applicable to Major Federal Financial Assistance Programs Donald L. Thomas, CPA (Retired) V.C. Smith, Jr., CPA Jerry D. Bigbie, CPA Richard A. Teaman, CPA We have audited the general-purpose financial statements of the City of Diamond Bar, California, as of and for the year ended June 30, 1993, and have issued our report thereon dated September 9, 1993. We have also audited the City of Diamond Bar, California's compliance with the requirements governing types of services allowed or unallowed; approval of release of funds; environmental certification; accounting for program income; and reviewing expenditures for propriety that are applicable to its major federal financial assistance program, which is identified in the accompanying schedule of federal financial assistance, for the year ended June 30, 1993. The management of the City of Diamond Bar, California is responsible for the City of Diamond Bar, California's, compliance with those requirements. Our responsibility is to express an opinion on compliance with those requirements based on our audit. We conducted our audit of compliance with those requirements in accordance with generally accepted auditing standards, Government Auditing Standards, issued by the Comptroller General of the United States and OMB Circular A-128, Audits of State and Local Governments. Those standards and OMB Circular A-128 require that we plan and perform the audit to obtain reasonable assurance about whether material noncompliance with the requirements referred to above occurred. An audit includes examining, on a test basis, evidence about the City of Diamond Bar, California's compliance with those requirements. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the City of Diamond Bar, California complied, in all material respects, with the requirements governing types of services allowed or unallowed; approval of release of funds; environmental certification; accounting for program income; and reviewing expenditures for propriety that are applicable to its major federal financial assistance program for the year ended June 30, 1993. This report is intended for the information of management and the City Council. However, this report is a matter of public record and its distribution is not limited. J September 9, 1993 4201 Brockton Avenue, Suite 100 • Riverside, California 92501 o Telephone (909) 682-4851 • Facsimile (909) 682-6569 Donald L. Thomas, CPA (Retired) LLM Thomas, Bigbie & Smith V.C. Smith, Jr., CPA An Accountancy Corporation Jerry D. Bigbie, CPA Certified Public Accountants Richard A. Teaman, CPA City Council City of Diamond Bar Diamond Bar, California Report on Supplementary Schedule of Federal Financial Assistance Indepgndent Auditors' Report We have audited the general-purpose financial statements of the City of Diamond Bar, California, as of and for the year ended June 30, 1993, and have issued our report thereon dated September 9, 1993. These general-purpose financial statements are the responsibility of the City of Diamond Bar, California, management. Our responsibility is to express an opinion on these general-purpose financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general-purpose financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the general-purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. Our audit was made for the purpose of forming an opinion on the general-purpose financial statements of the City of Diamond Bar, California, taken as a whole. The accompanying Schedule of Federal Financial Assistance is presented for purposes of additional analysis and is not a required part of the general-purpose financial statements. The information in that schedule has been subjected to the auditing procedures applied in the audit of the general-purpose financial statements and, in our opinion, is fairly presented in all material respects in relation to the general-purpose financial statements taken as a whole. jj, -A. I - , l .c - September 9, 1993 4201 Brockton Avenue, Suite 100 • Riverside, California 92501 • 'Telephone (909) 682-4851 • Facsimile (909) 682-6569 City of Diamond Bar Schedule of Federal Financial Assistance Year Ended June 30, 1993 U.S. Department of Housing and Urban Development Passed Through Los Angeles County Community Development Commission 14.219 B -92 -UC -06-0505 Federal Emergency Management Agency Passed Through State of California Office of Emergency Services 83.516 390,535 -0- 358.658 358.658 -0- -0- 25.279 25.279 -0- Total Federal Financial Assistance S -0- L387 972S 387.972 S -0- Federal Pass Thru Beginning Ending CFDA Grantor Program Fund Fund Number Number Amount Balance Receipts Disbursements Balance U.S. Department of Transportation Passed Through State of California Office of Traffic Safety Community Traffic Safety 20.600 HD 9104 $ 80,704 S -0- $ 4.035 $ 4.035 $ -0 U.S. Department of Housing and Urban Development Passed Through Los Angeles County Community Development Commission 14.219 B -92 -UC -06-0505 Federal Emergency Management Agency Passed Through State of California Office of Emergency Services 83.516 390,535 -0- 358.658 358.658 -0- -0- 25.279 25.279 -0- Total Federal Financial Assistance S -0- L387 972S 387.972 S -0- Thomas, Bighie & Smith An Accountancy Corporation Certified Public Accountants City Council City of Diamond Bar Diamond Bar, California Report on Compliance Based on an Audit of General -Purpose Financial Statements Performed in Accordance With Government Auditing Standards Donald L. Thomas, CPA (Retired) V.C. Smith, Jr., CPA Jerry D. Bigbie, CPA Richard A. Teaman, CPA We have audited the general-purpose financial statements of the City of Diamond Bar, California as of and for the year ended June 30, 1993, and have issued our report thereon dated September 9, 1993. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. Compliance with laws, regulations, contracts, and grants applicable to the City of Diamond Bar, California, is the responsibility of the City's management. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we performed tests of the City of Diamond Bar, California's, compliance with certain provisions of laws, regulations, contracts, and grants. However, the objective of our audit of the general-purpose financial statements was not to provide an opinion on overall compliance with such provisions. Accordingly, we do not express such an opinion. The results of our tests indicate that, with respect to the items tested, the City of Diamond Bar, California, complied, in all material respects, with the provisions referred to in the preceding paragraph. With respect to items not tested, nothing came to our attention that caused us to believe that the City of Diamond Bar, California, had not complied, in all material respects, with those provisions. This report is intended for the information of management and the City Council. However, this report is a matter of public record and its distribution is not limited. / I E 1$".� September 9, 1993 4201 Brockton Avenue, Suite 100 • Riverside, California 92501 9 Telephone (909) 682-4851 • Facsimile (909) 682-6569 Dcmald 1.. Thomas, CPA(Rehwd) Thomas, Bigbie & Smith V.C. Smith, Jr., cPA An Accountancy Corporation Jerry D. Bigbie, CPA Certified Public Accountants APPROPRIATIONS LIMIT Richard A. Teaman, CPA ANNUAL REVIEW COMPLIANCE LETTER City Council City of Diamond Bar Diamond Bar, California We have applied the procedures enumerated below to the accompanying Appropriations Limit documents of the City of Diamond Bar, California, for the years ended June 30, 1993 and 1994. These procedures, which were agreed to by the League of California Cities and presented in their Article XIIIB Appropriations Limitation Uniform Guidelines, were performed solely to assist you in meeting the requirements of Section 1.5 of Article XIIIB of the California Constitution. This report is intended for the information of management and City Council. This restriction is not intended to limit the distribution of this report, which is a matter of public record. The procedures performed and our findings were as follows: 1. We obtained the completed documents required by the Article XIIIB Appropriations Limitation Uniform Guidelines, and determined that the limit and annual adjustment factors were adopted by resolution of the City Council. We also determined that the population and inflation options were selected by a recorded vote of the City Council. 2. For the accompanying Appropriations Limit worksheet, we added last year's limit to total adjustments and agreed the resulting amount to this year's limit. 3. We agreed the current year information presented in the accompanying Appropriations Limit worksheet to the other documents referenced in #1 above. 4. We agreed the prior year appropriations limit presented in the accompanying Appropriations Limit worksheet to the prior year appropriations limit adopted by the City Council during the prior year. 5. We compared actual revenues to the Appropriations Limit in the accompanying schedule for 1992-93. 6. We compared budgeted revenues to the Appropriations Limit in the accompanying schedule for 1993-94. These agreed-upon procedures are substantially less in scope than an audit, the objective of which is the expression of an opinion on the accompanying Appropriations Limit worksheet. Accordingly, we do not express such an opinion. Based on the application of the procedures referred to above, nothing came to our attention that caused us to believe that the accompanying Appropriations Limit worksheet was not computed in accordance with Article XIIIB of the California Constitution. Had we performed additional procedures or had we made an audit of the accompanying Appropriations Limit worksheet and the other completed documents referenced in #1 above, matters might have come to our attention that would have been reported to you. September 9, 1993 4201 Brockton Avenue, Suite 100 • Riverside, California 92501 • Telephone (909) 682-4851 • Facsimile (909) 682-6569 CITY OF DIAMOND BAR APPROPRIATIONS LIMIT COMPUTATION 1993-94 Per Capita Personal Income Change Population Change City Population Growth CPI Change Converted to a Ratio Population Change Converted to a Ratio Calculation of Growth Factor 1992 - 93 Limit $ 11.762,247 1993 - 94 Appropriation Limit ($11,762,247 X 1.0391155) $ 12.222.333 1993-94 2.72% 1.16% 1.0272 1.0116 1.0391155 CITY OF DIAMOND BAR ACTUAL REVENUES COMPARED TO APPROPRIATIONS LIMIT 1992-93 Proceeds from Taxes $ 6,848,664 Exclusions -0- Appropriations Subject to Limitation 6,848,664 1992 - 93 Appropriations Limit 11.762.247 Over (Under) Limit $ (4.913.583) Property Taxes Sales Taxes Transient Occupancy Tax Franchises Real Property Transfer Taxes Licenses and Permits Fines and Forfeitures Interest [78%122%] Motor Vehicle in Lieu Fees Mobile Home in Lieu Fees Homeowners' Property Tax Relief Cigarette Tax Miscellaneous Revenue From Other Governments Off Highway Tax Refunds and Reimbursements Other Revenue TOTAL GENERAL FUND Traffic Safety Fund Gas Tax Fund Proposition A Transit Integrated Waste Management Fund Proposition C Transit OTS Fund Air Quality Improvement Fund Park Fees Fund SB 821 Assessment Districts Community Development Block Grant Fund Capital Project Funds (1) Total General Fund Without These Revenues CITY OF DIAMOND BAR CALCULATION OF PROCEEDS FROM TAXES Actual Revenues for 1992-93 (1) Proceeds Non -Proceeds 1,322,352 From From 559,934 Taxes Taxes Total $ 1,208,688 $ $ 1,208,688 2,272,623 64,434 2,272,623 196,364 24,448 196,364 486,843 612,668 612,668 121,585 7.545 121,585 724,694 724,694 24,315 24,315 191,189 53,925 245,114 2,822,893 2,822,893 5,653 5,653 21,063 21,063 6,580 6,580 436,011 436,011 2,026 2,026 88,109 88,109 11.170 11.170 6,848,664 1,950,892 8,799,556 99,408 99,408 1,322,352 1,322,352 559,934 559,934 83,045 83,045 456,509 456,509 4,035 4,035 64,434 64,434 8,110 8,110 24,448 24,448 486,843 486,843 358,658 358,658 7.545 7.545 $ 6,848.664 $ 5.426.213 $ 12.274.877 $ 6,657.475 $ 1.896.967 $ 8.554.442 78% 22% 100% CITY OF DIAMOND BAR BUDGETED REVENUES COMPARED TO APPROPRIATIONS LIMIT 1993-94 Proceeds from Taxes $ 6,381,500 Exclusions -0- Appropriations Subject to Limitation 6,381,500 1993-94 Appropriations Limit 12,222.333 Over (Under) Limit Property Taxes Sales Taxes Transient Occupancy Tax Franchises Real Property Transfer Tax Licenses and Permits Fines and Forfeitures Interest [82%/18%] Motor Vehicle in Lieu Fees Mobile Home in Lieu Fees Homeowners' Property Tax Relief Off Highway Tax Other Revenue TOTAL GENERAL FUND Traffic Safety Fund Gas Tax Fund Proposition A Transit Proposition C Transit Integrated Waste Management Fund Park Grant Fund CDBG Fund Air Quality Improvement Fund Park Fees Fund SB 821 Assessment Districts Capital Project Funds (1) Total General Fund Without These Revenues CITY OF DIAMOND BAR CALCULATION OF PROCEEDS FROM TAXES Budgeted Revenues for 1993-94 [E Proceeds Non -Proceeds 1,352,235 From From 168,414 Taxes Taxes Total $ 1,274,000 $ $ 1,274,000 2,200,000 290,923 2,200,000 150,000 356,000 150,000 24,000 615,000 615,000 60,000 25.000 60,000 759,500 759,500 19,000 19,000 164,000 36,000 200,000 2,500,000 2,500,000 7,000 7,000 25,000 25,000 1,500 1,500 5.200 5,200 6,381,500 1,434,700 7,816,200 30,200 30,200 1,352,235 1,352,235 168,414 168,414 717,500 717,500 76,000 76,000 2,040,000 2,040,000 290,923 290,923 41,000 41,000 356,000 356,000 24,000 24,000 478,235 478,235 25.000 25000 S 6,381.500 S 7,034.207 S 13.415,707 S 6,217.500 S 1,398,700 S 7,616,200 82% 18% 100% CITY OF DIAMOND BAR, CALIFORNIA ANNUAL AUDIT REPORT Year Ended June 30, 1993 CITY OF DIAMOND BAR, CALIFORNIA AUDIT PORT Donald L. Thomas,ChA(Ketired) Thomas, Bighie 3 V.C. Smith, Jr, CPA An Accountancy Corporation TABLE OF CONTENTS Jerry D. Bigbie, CPA Certified Public Accountants Richard A. T�i ftnk I. INDEPENDENT AUDITORS' REPORT I H. GENERAL PURPOSE FINANCIAL STATEMENTS Exhibit 1 - Combined Balance Sheet - All Fund Types and Account Groups 2 Exhibit 2 - Combined Statement of Revenues, Expenditures and Changes in Fund Balances - All Governmental Fund Types 3 Exhibit 3 - Combined Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual - General, Special Revenue and Capital Project Fund Types 4 Exhibit 4 - Statement of Revenues, Expenses and Changes in Retained Earnings - All Proprietary Fund Types 5 Exhibit 5 - Statement of Cash Flows - All Proprietary Fund Types 6 Notes to Financial Statements 7-24 III. SUPPLEMENTAL INFORMATION Schedule 1 - General Fund - Statement of Revenues - Budget and Actual 25 Schedule 2 - General Fuad - Statement of Expenditures - Budget and Actual 26 Schedule 3 - Combining Balance Sheet - All Special Revenue Funds 27-28 Schedule 4 - Combining Statement of Revenues, Expenditures and Changes in Fund Balances - All Special Revenue Funds 29-30 Schedule 5 - Combining Balance Sheet - All Capital Project Funds 31 Schedule 6 - Combining Statement of Revenues, Expenditures and Changes in Fund Balances - All Capital Project Funds 32 4201 Brockton Avenue, Suite 100 • Riverside, California 92501 • Telephone (909) 682-4851 • Facsimile (909) 682-6569 Thomas, Bighie & Smith Donald L. Thomas, CPA (Retired) UC. Smith, Jr., CPA An Accountancy Corporation Jerry D. Bigbie, CPA Certified Public Accountants Richard A. Teaman, CPA INDEPENDENT AUDITORS' REPORT City Council City of Diamond Bar Diamond Bar, California We have audited the accompanying general purpose financial statements of the City of Diamond Bar, California, as of and for the year ended June 30, 1993, as listed in the table of contents. These financial statements are the responsibility of the City's management. Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of the City of Diamond Bar, California, as of June 30, 1993, and the results of its operations and the cash flows of its proprietary fund types for the year then ended in conformity with generally accepted accounting principles. Our audit was made for the purpose of forming an opinion on the general purpose financial statements taken as a whole. The supplemental information listed in the table of contents is presented for purposes of additional analysis and is not a required pad of the general purpose financial statements of the City of Diamond Bar, California. Such information has been subjected to the auditing procedures applied in the audit of the general purpose financial statements and, in our opinion is fairly stated in all material respects in relation to the general purpose financial statements taken as a whole. i 77 September 9, 1993 4201 Brockton Avenue, Suite 100 • Riverside, California 92501 • Telephone (909) 682-4851 • Facsimile (909) 682-6569 &A CITY OF DIAMOND BAR, CALIFORNIA COMBINED BALANCE SHEET - ALL FUND TYPES AND ACCOUNT GROUPS June 30, 1993 EXHIBIT 1 Fiduciary Proprietary Fund t iovernmental Fund Types Fund Types Types Account Groups Totals - (Memorandum Only) General Special Revenue Capital Internal Trust And hAect service General Long -Tum June 30, Aeenev Fixed Assets Obligations 1993 1992 ASSETS ASSETS AND OTHER DEBITS Cash (Notes I and 3) Accounts Receivable $ 5,188,314 49,479 $ 4,713,733 6,160 $ 753,304 $ 460,655 S 178,845 $ $ $ 11, 351 S 9,222,799 Interest Receivable 119,516 55,294,851 215,541 Due fium Other Funds (Note 4) Due from Older Govemmeras 251,507 540,311 317,569 132,561 119,516 384,068 143,394 19,084 Prepaid Expenditures Fixed Assets (Notes 1 and 5) 84,752 857,880 94752 812,652 OTHER DEBITS 3,594,835 3,594,835 2,586,578 Resources Available for LorrTerm Obligations TOTAL ASSETS AND 910.482 910.482 550.133 OTHER DEBITS 6 233 879 S 5,037,462 88 865460,655 179,845 $ 3,594,935910,482 7 3 $13.5$0.181 LIABILITIES LIABILITIES, EQUITY AND OTHER CREDITS Accounts Payable Accrued Liabilities $ 1,157,795 83,819 $ 114,422 1,571 $ 157,744 $ S 42 $ $ $ 1,429,%1 $ 1,183,920 Due si Other Funds (Note 4) Deposits (Note 12) 131,541 78,487 252,527 85,432 384,068 61,111 19,084 C� A Judgements Payable 178,845 257,332 180,356 Lo,Tum Obligations 327,982 327,982 92,050 (Votes 7, 8, 9 and 10) TOTAL LIABILITIES 910.482 910.482 550.133 1.779.624 368.520 157.786 -0- 178.845 910.462 3.393.257 2.086.654 EQUITY AND OTHER CREDITS hwcgbnm t is General Fixed Assets Retaiosd Earnings 3,594,835 3,594,835 2,586,578 Unreserved - Undeaiyuted Ftiud Balances 049te 11) 460,655 460,655 352,647 Reserved for Receivable 31,346 Reserved for Prepaid Expenditures 84,752 31,346 Reserved for Fneumbrances Reserved for Debt Service 122,608 910,482 52,925 14,698 84,752 190,231 338,440 Umaerved - Undesignated 3.305.067 4.616.017 713.381 910,492 TOTAL EQUITY AND 8.634.465 7 635.729 OTHER CREDITS 4.454.255 4.668.942 728.079 _ 460.655 -0- 3.594.835 13.906.766 11.463.527 TOTAL LIABILITIES, EQUITY AND OTHER CREDITS L&R3 879 5 037 462 S 885.865 460,611 178 845 3 54 835L_"10492 U 302023 13 0 181 The accompanying notes are an integral part of this statement. &A CITY OF DIAMOND BAR, CALIFORNIA COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - EXHIBIT 2 ALL GOVERNMENTAL FUND TYPES Year Ended June 30, 1993 REVENUES Taxes Special Assessments Licenses, Permits and Fees Intergovernmental Fines and Forfeits Use of Money and Property Developer Fees Miscellaneous TOTAL REVENUES EXPENDITURES General Government - Departmental General Government - Nondepartmental Public Safety Public Works Parks, Recreation and Culture Ca stat Outlay Debt Service: Principal Retriement TOTAL EXPENDITURES EXCESS OF REVENUES OVER (UNDER) EXPENDITURES OTHER FINANCING SOURCES (USES) Operating P from Transfers In (Im EXCESS OF REVENUES AND OTHER SOURCES OVER (UNDER) EXPENDITURES AND OTHER USES FUND BALANCES - BEGINNING OF YEAR PRIOR PERIOD ADJUSTMENT (Note W FUND BALANCES - BEGINNING OF YEAR AS RESTATED FUND BALANCES - END OF YEAR The accompanying notes are an integral part of this statement. -3- 100.000 100.000 8.232.941 1.202.797 1.899.803 11.335.541 9.491.855 566,615 2,264,979 (1,892,258) 939,336 2,449,021 123,284 (1,590,757) 1,367,473 (100,000) (100,000) 400.000 400.000 689.899 674.222 (124.785) 1.239.336 2.349.021 3,676,718 3,994,720 852,864 8,524,302 6,139,536 Totals - 87.638 35.745 3.764.356 3.994.720 (Memorandum Only) 6.175.281 Special Capital Year Ended June 30, General Revenue Proiect 1993 1992 $ 4,411,928 $ 82,245 $ $ 4,494,173 $ 4,593,790 469,671 469,671 466,369 724,694 724,694 864,260 3,292,200 2,618,515 5,910,715 5,067,309 24,315 98,927 123,242 97,730 245,114 198,418 7,545 451,077 578,340 179,67993,399 101.305 101.305 8,799.556 3.467.776 7.545 12,274.87 11.940,876 1,750,558 1,750,558 1,897,681 592,695 620,715 1,213,410 1,025,525 3,478,006 3,478,006 3,794,887 1,572,681 514,453 7,776 2,094,910 1,673,144 822,559 822,559 740,687 16,442 67,629 1,792,027 1,876,098 359,931 100.000 100.000 8.232.941 1.202.797 1.899.803 11.335.541 9.491.855 566,615 2,264,979 (1,892,258) 939,336 2,449,021 123,284 (1,590,757) 1,367,473 (100,000) (100,000) 400.000 400.000 689.899 674.222 (124.785) 1.239.336 2.349.021 3,676,718 3,994,720 852,864 8,524,302 6,139,536 87.638 87.638 35.745 3.764.356 3.994.720 852.864 8.611.940 6.175.281 4 454 5 4668 942 728 079 L.1124302 CITY OF DIAMOND BAR, CALIFORNIA COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - EXHIBIT 3 BUDGET AND ACTUAL - GENERAL, SPECIAL REVENUE AND CAPITAL PROJECT FUND TYPES Year Ended June 30, 1993 The accompanying notes are an integral part of this statement. -4- General Fund Special Revenue Funds Capital Proieet Funds Variances- Variances- Variances - Favorable Favorable Favorable Budget Actual (Unfavorable) Budget Actual (Unfavorable) Budget Actual (Unfavorable) REVENUES Taxes S 4,034,000 $ 4,411,928 $ 377,928 $ 76,000 $ 82,245 $ 6,245 $ $ $ Special Aaaeeaments 469,435 469,671 236 Licenses, Permits and Fees 752,500 724,694 (27,806) 150,000 (150,000) INergovernmemal 2,830,000 3,292,200 462,200 2,183,055 2,618,515 435,460 Fines and Forfeits 55,000 24,315 (30,685) 40,000 98,927 58,927 Use of Marney and Property 300,000 245,114 (54,886) 7,000 198,418 191,418 7,545 7,545 Miscellaneous 6.000 101.305 95.305 TOTAL REVENUE 7.977.500 8.799.556 822.056 2.925.490 3.467.776 542.286 -0- 7,545 7,545 EXPENDITURES General Government - Departmental 1,693,222 1,750,558 (57,336) General Government - Nondepartmentsl 438,900 592,695 (153,795) 802,722 620,715 182,007 Public Safety 3,672,714 3,478,006 194,708 Public Wort. 1,580,350 1,572,681 7,669 787,652 514,453 273,199 7,776 (7,776) Parte, Recreation and Culture 775,835 822,559 (46,724) Capital Outlay 15,400 16,442 (1,042) 57,500 67,629 (10,129) 2,093,482 1,792,027 301,455 Debt Service: Principal Retirement 100.000 100.000 TOTAL EXPENDITURES 8.176.421 8.232.941 (56.5201 1.647.874 1.202.797 445.077 2.193.482 1.899.803 293.679 EXCESS OF REVENUES OVER (UNDER) EXPENDITURES (198,921) 566,615 765,536 1,277,616 2,264,979 987,363 (2,193,482) (1,892,258) 301,224 OTHER FINANCING SOURCES (USES) Operating Tran.fers In (Out) 224,200 123,284 (100,916) (1,772,347) (1,590,757) 181,590 1,103,200 1,367,473 264,273 Proceeds from Capital Lease 400.000 400, EXCESS OF REVENUES AND OTHER SOURCES OVER (UNDER) EXPENDITURES AND OTHER USES S 25.279 689.899 S 6641620 494 731) 674.222 S 1.168.953S (690.282)i( 24.785) S 565.497 FUND BALANCES - BEGINNING OF YEAR 3,676,718 3,994,720 852,864 PRIOR PERIOD ADJUSTMENT 87.638 FUND BALANCES - BEGINNING OF YEAR AS RESTATED 3.764.356 3.994.720 852.864 FUND BALANCES - END OF YEAR L1454&2354S .668.942 S 728.079 The accompanying notes are an integral part of this statement. -4- CITY OF DIAMOND BAR, CALIFORNIA STATEMENT OF REVENUES, EXPENSES AND CHANGES IN RETAINED EARNINGS - EXHIBIT 4 ALL PROPRIETARY FUND TYPES Year Ended June 30, 1993 Internal Service Year Ended June 30, 1993 1992 OPERATING REVENUES -0 Charges for Services TOTAL OPERATING REVENUES OPERATING EXPENSES 8.573 2.500 Contractual Services TOTAL OPERATING EXPENSES 8.573 2.500 OPERATING INCOME (8.573) 2, NON OPERATING REVENUES (EXPENSES) 16,581 15.312 Interest Revenue INCOME BEFORE OPERATING TRANSFERS 8,008 12,812 OPERATING TRANSFERS IN (OUT) —100'— 100.000 NET INCOME 108,008 112,812 RETAINED EARNINGS - BEGINNING OF YEAR 352,647 239.835 RETAINED EARNINGS - END OF YEAR $ 460.655 S 352,647 The accompanying notes are an integral part of this statement. -5- CITY OF DIAMOND BAR, CALIFORNIA STATEMENT OF CASH FLOWS - ALL PROPRIETARY FUND TYPES Year Ended June 30, 1993 EXHIBIT 5 The accompanying notes are an integral part of this statement. EZ Internal Service Year Ended June 30, 1993 1992 CASH FLOWS FROM OPERATING ACTIVITIES Claims and Judgements Payment (8,573 $ (2.500) NET CASH PROVIDED (USED) BY OPERATING ACTIVITIES (8.573) (2.500) CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Operating Transfers In 100.000 100.000 NET CASH PROVIDED (USED) BY NONCAPITAL FINANCING ACTIVITIES 100.000 100.000 CASH FLOWS FROM INVESTING ACTIVITIES Interest On Investments 16.581 17,427 NET CASH PROVIDED (USED) BY INVESTING ACTIVITIES 16.581 17,427 NET INCREASE (DECREASE) IN CASH AND CASH EQUIVALENTS 108,008 114,927 CASH AND CASH EQUIVALENTS - BEGINNING OF YEAR 352.647 237.720 CASH AND CASH EQUIVALENTS - END OF YEAR460,655 S 352,647 RECONCILIATION OF NET OPERATING INCOME TO NET CASH PROVIDED (USED) BY OPERATING ACTIVITIES Net Operating Income (8,573 (2.5 NET CASH PROVIDED (USED) BY OPERATING ACTIVITIES 8 573 (2.5 Cash and cash equivalents includes all cash accounts as well as short-term investments with a maturity date within three months of the date acquired by the City. The accompanying notes are an integral part of this statement. EZ CITY OF DIAMOND BAR, CALIFORNIA NOTES TO FINANCIAL STATEMENTS IN ORDER OF PRESENTATION Year Ended June 30, 1993 NOTE DESCRIPTION PAGE 1 Summary of Significant Accounting Policies 8-12 2 Property Tax Calendar 13 3 Composition of Cash 13-15 4 Interfund Receivables and Payables 15 5 General Fixed Assets 16 6 Claims and Judgements Payable 16 7 Long Term Obligations 16-17 8 Compensated Absences Payable 17 9 Advances - County of Los Angeles 17 10 Lease Payable 17 11 Fund Balance/Retained Earnings Reserves 18 12 Deposits 18-19 13 Joint Venture 19-20 14 City Employees' Retirement Plan (Defined Benefit Pension Plan) 21 -23 15 Expenditures in Excess of Appropriations 24 16 Contingencies 24 -7- CITY OF DIAMOND BAR, CALIFORNIA NOTES TO FINANCIAL STATEMENTS Year Ended June 30, 1993 1) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES The City of Diamond Bar, California was incorporated April 18, 1989 as a General Law City. The City operates under a Council -Manager form of government and provides the following services: public safety (police), highways and street, parks, public improvements, community development (planning, building, zoning) and general administrative services. The financial statements of the City of Diamond Bar, California have been prepared in conformity with generally accepted accounting principles as applied to government units. The Governmental Accounting Standards Board is the accepted standard setting body for establishing governmental accounting and financial reporting principles. The more significant of the government's accounting policies reflected in these financial statements are summarized as follows: A) Description of Entity Included within the financial reporting entity City of Diamond Bar, is solely the City of Diamond Bar. Other governmental agencies providing services either to the City in its entirety, or to a portion thereof included: State of California County of Los Angeles Tri- Valley Water District Walnut Valley Water District Pomona Unified School District Walnut Valley Unified School District Mount San Antonio Community College District California Polytechnic University Consolidated Fire Protection District The City of Diamond Bar does not exercise oversight responsibility over any of the above entities. Each of these agencies is governed by an independently - elected governing board other than the City Council of the City of Diamond Bar. These agencies aro not financially dependent on the City, and the City does not have the ability to significantly influence their management or operations. Consequently, financial information for these agencies is not included within the scope of this financial report. As recommended by GASB Code Section J50.103, financial data for joint ventures which do not meet the criteria for inclusion within the reporting entity have been reported in the footnotes. B) Basis of Presentation - Fund Accounting The accounts of the City are organized on the basis of funds and account groups each of which is considered a separate accounting entity. The operations of each fund are accounted for with a separate set of self -balancing accounts that comprise its assets, liabilities, fund equity, revenues, and expenditures, or expenses, as appropriate- -8- CITY OF DIAMOND BAR, CALIFORNIA NOTES TO FINANCIAL STATEMENTS Year Ended June 30, 1993 1) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - Continued B) Basis of Presentation - Fund Accounting - Continued Government resources are allocated to and accounted for in individual funds based upon the purposes for which they are to be spent and the means by which spending activities are controlled. The various funds are grouped, in the financial statements in this report, into five generic fund types and three broad fund categories as follows: Governmental Funds General Fund - The General Fund is the general operating fund of the City. It is used to account for all financial resources except those required to be accounted for in another fund. Spacial Revenue Fords - Special Revenue Funds are used to account for the proceeds of specific revenue resources (other than major projects) that are legally restricted to expenditures for specific purposes. Capital Project Funds - Capital Project Funds are used to account for financial resources to be used for the acquisition or construction of major capital facilities (other than those financed by Proprietary and Trust Funds). Proprietary Funds Internal Service Funds - Internal Service Funds are used to account for goods or services provided by one department to other departments on a cost reimbursement basis. The Internal Service Fund of the City of Diamond Bar consists solely of the Self insurance Fund. Fiduciary Funds Trust and Agency Funds - Trust and Agency Funds are used to account for assets held by the City in a trustee capacity or as an agent for individuals, private organizations, other governments, and/or other foods. Agency Funds are custodial in nature (assets equal liabilities) and do not involve measurement of insults of operations. C) Fixed Assets and Long -Terni Liabilities The accounting and reporting treatment applied to the fixed assets and long-term liabilities associated with a fund are determined by its measurement focus. All governmental funds aro accounted for on a spending or "financial flow' measurement focus. This means that only current assets and current liabilities are generally included on their balance sheets. Their reported fund balance (net current assets) is considered a measurement of "available spendable resources". Governmental fund operating statements present increases (revenues and other financing sources) and decreases (expenditures and other financing uses) in net current assets. Accordingly, they are said to present a summary of sources of "available spendable resources" during a period. -9- CITY OF DIAMOND BAR, CALIFORNIA NOTES TO FINANCIAL STATEMENTS Year Ended June 30, 1993 1) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - Continued C) Fixed Assets and Long -Term Liabilities - Continued Fixed assets used in governmental fund type operations (general fixed assets) are accounted for in the General Fixed Assets Account Group, rather than intergovernmental funds. Public domain ("infrastructure") general feed assets consisting of certain improvements other than buildings, including roads, bridges, curbs and gutters, streets and sidewalks, drainage systems, and lighting systems, are not capitalized as general fixed assets. No depreciation has been provided on general feed assets. All fixed assets are valued at historical cost or estimated historical cost if actual historical cost is not available. Donated fixed assets are valued at their estimated fair value on the date donated. Long-term liabilities expected to be financed from governmental funds are accounted for in the General Long -Term Obligation Account Group, not in the governmental funds. The two account groups are not "funds". They are concerned only with the measurement of financial position. They are not involved with measurement of results of operations. Noncurrent portions of long-term receivables due to governmental funds ars reported on their balance sheets, in spite of their spending measurement focus. Spacial reporting treatments are used to indicate, however, that they should not be considered "available spendable resources", since they do not represent net current assets. Recognition of governmental fund type revenues represented by noncurrent receivables is deferred until they become current receivables. Noncurrent portions of long-term loans receivable are offset by fund balance reserve accounts. Because of their spending measurement focus, expenditure recognition for governmental fiord types is limited to exclude amounts represented by non-current liabilities. Since they do not affect net current assets, such long-term amounts aro not recognized as governmental fund expenditures or find liabilities. They are instead reported as liabilities in the General Long -Term Obligation Account Group. All proprietary fund types are accounted for on a cost of services or "capital maintenance" measurement focus. This means that all assets and all liabilities (whether current or noncurrent) associated with their activity are included on their balance sheets. Their reported fund equity (net total assets) is segregated into contributed capital and retained earnings components. Proprietary fund type operating statements present increases (revenues) and decreases (expanses) in net total assets. D) Basis of Accounting Basis of accounting refers to when revenues and expenditures or expenses are recognized in the accounts and reported in the financial statements. Basis of accounting relates to the timing of the measurements made, regardless of the measurement focus applied. -10- CITY OF DIAMOND BAR, CALIFORNIA NOTES TO FINANCIAL STATEMENTS Year Ended June 30, 1993 1) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - Continued D) Basis of Accounting - Continued All governmental funds are accounted for using the modified accrual basis of accounting. Their revenues are recognized when they become measurable and available as net current assets. The primary revenue sources susceptible to accrual are sales taxes, property taxes, special assessments, fines and forfeitures which are considered "measurable" when in the hands of intermediary collection governments and are recognized as revenue at that time. Anticipated refunds of such taxes aro recorded as liabilities and reductions of revenues when they are measurable and their validity seems certain. Expenditures are generally recognized under the accrual basis of accounting. Exceptions to this general rule are (1) principal and interest on general long-term debt which is recorded as expenditure on its due date (2) disbursements for inventory type items are considered expenditures at the time of purchase and (3) expenditures are not divided between years by recording of prepaid expenses. All proprietary funds are accounted for using the accrual basis of accounting. Their revenues are recognized when they are earned, and their expenses are recognized when they are incurred. E) Budgets and Budgetary Accounting The City uses the following procedures in establishing the budgetary data reflected in the financial statements. 1) Before the beginning of the fiscal year the City Manager submits to the City Council a proposed budget for the year commencing the following July 1. 2) Public hearings are conducted to obtain taxpayer comments. 3) The budget is subsequently adopted through passage of a resolution. 4) All appropriated amounts are as originally adopted or as amended by the City Cormcil and lapse at year and. S) Encumbrances and Continuing Appropriations are rebudgeted on July 1 by Council action. 6) Original appropriations are modified by supplementary appropriation and transfers among budget categories. The City Council approves all significant changes. 7) Formal budgetary integration is employed as a management control device during the year for the General, Special Revenue and Capital Project Funds. 8) Budgets for General, Special Revenue and Capital Project Funds are adopted on a basis consistent with generally accepted accounting principles. -11- CITY OF DIAMOND BAR, CALIFORNIA NOTES TO FINANCIAL STATEMENTS Year Ended June 30, 1993 1) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES - Continued F) Appropriations Limit Under Article XI11B of the California Constitution (the Gann Spending Limitation Initiative), the City is restricted as to the amount of annual appropriations from the proceeds of taxes, and if proceeds of taxes exceed allowed appropriations, the excess must either be refunded to the State Controller or returned to the taxpayers through revised tax rates, revised fee schedules or other refund arrangements. For the fiscal year ended June 30, 1993, proceeds of taxes did not exceed appropriations. G) Encumbrances Encumbrance accounting, under which purchase orders, contracts and other commitments for the expenditure of monies are recorded in order to reserve that portion of the applicable appropriation, is employed as an extension of formal budgetary integration in the Governmental Fund Types. Encumbrances outstanding at year-end are reported as reservations of fund balance since they do not constitute expenditures or liabilities. H) Investments Investments are stated at cost (see Note 3), except that assets of the deferred compensation plan agency fund are reported at fair market value rather than cost, in accordance with GASB, Statement 2. If market values decline below coat, no loss is recorded if such declines are considered temporary. 1) Claims and Judgments Claims and judgments are accounted for in accordance with GASB Codification Section C50.110, which requires that expenditures for claims be recognized when it is probable that the liability has been incurred at year end and the amount of the loss can be reasonably estimated. Accordingly, such claims are recorded as liabilities in the financial statements. J) Prior Period Adjustment Included in the General Fund is a prior period adjustment of $87,638 increasing fund balance for prior year prepaid expenditures. IQ Comparative Data Comparative total data for the prior year have been presented in the accompanying financial statements in order to provide an understanding of changes in the City's financial position and operations. However, comparative (i.e., presentation of prior year totals by fund type) data have not been presented in each of the statements since their inclusion would make the statements unduly complex and difficult to read. L) Total Columns on Combined Statements - Overview Total columns on the Combined Statements are captioned "Memorandum Only" to indicate that they are presented only to facilitate financial analysis. Data in these columns do not present financial position, results of operations, or changes in financial position in conformity with generally accepted accounting principles. Neither is such data comparable to a consolidation. Interfund eliminations have not been made in the aggregation of this data. -12- CITY OF DIAMOND BAR, CALIFORNIA NOTES TO FINANCIAL STATEMENTS Year Ended June 30, 1993 2) PROPERTY TAX CALENDAR Property taxes are assessed and collected each fiscal year according to the following property tax calendar: Lien date March 01 Market Levy Date July 01 to June 30 Value 1 3 Due date November 01 1st installment Demand Accounts* March 01 2nd installment Delinquent date December 10 1st installment State of California - LAIF April 10 2nd installment Under California law, property taxes are assessed and collected by the counties up to I % of assessed value, plus other increases approved by the voters. The property taxes go into a pool, and are then allocated to the cities based on complex formulas prescribed by the state statutes. 3) COMPOSITION OF CASH - $11,294,851 The City of Diamond Bar maintains a cash and investment pool that is available for use for all funds. Each fund type's position in the pool is reflected in the combined balance sheet as cash. Cash and investments by credit risk, carrying amount and market value of investments at June 30, 1993, consisted of the following -13- Carrying Market Amount Value 1 3 Fiscal Agent Investments $ 178,845 $ 178,845 $ $ $ 178,845 Demand Accounts* 400.363 400.363 400.363 579,208 579,208 400,363 $ -0 178,945 State of California - LAIF 10,805,793 10,805,793 Petty Cash 700 700 Total Cash and Investments (Bank Balances) 11,385,701 11,385,701 Outstanding Checks (90.850) (90.850) Total Cash and Investments (Book Balances) $ 11.294.851 $ 11.294.851 * 100 Percent Insured or Collateralized -13- CITY OF DIAMOND BAR, CALIFORNIA NOTES TO FINANCIAL STATEMENTS Year Ended June 30, 1993 3) COMPOSITION OF CASH - $11,294,851- Continued Classification of Deposits and Investments by Credit Risk GASB statement 3 requires that deposits and investments be classified into three categories of credit risk. These categories are as follows: Deposits: Category 1 - Deposits which are insured or collateralized with securities held by the City or by its agent in the City's name. Category 2 - Deposits which are collateralized with securities held by the pledging financial institution's trust department or agent in the City's name. Category 3 - Deposits which are uncollateralized, or collateralized with securities held by the pledging financial institution or by its bust department or agent but not in the City's name. Investments: Category 1 - Includes investments that are insured or registered or for which the securities are held by the City or its agent m the City's name. Category 2 - Includes uninsured and unregistered investments for which the securities are held by the broker's or dealer's trust department or agent in the City's Category 3 - Includes uninsured and unregistered investments for which the securities are held by the broker or dealer or by its trust department or agent but not in the City's name. The following disclosures are made in accordance with Statement Number 3 of the Governmental Accounting Standards Board:- Authorized oard:Authorized Investments Under provisions of the City's Investment Policy the City Treasurer may deposit finds in the following investment media to the extent permitted by applicable law: (1) Securities of the U.S. Government or by its agencies; (2) certificates of deposit or time deposits placed with commercial banks or savings and loan companies; (3) bankers acceptances; (4) negotiable certificates of deposit; (5) commercial paper; (6) Local Agency Investment Fund; (7) repurchase agreements; (9) passbook savings deposits; (9) money market funds; (10) investment agreements or contracts representing unconditional obligations; (11) Tax—empt obligations. The City selects its investments based on safety, liquidity and yield. -14- CITY OF DIAMOND BAR, CALIFORNIA NOTES TO FINANCIAL STATEMENTS Year Ended June 30, 1993 3) COMPOSITION OF CASH - $11,294,851- Continued Local Agency Investment Fund (LAIF) The LAIF is a special fund of the California State Treasury through which local governments may pool investments. Each city may invest up to $15,000,000 in the fund. Investments in LAIF are highly liquid, as deposits can be converted to cash within twenty-four hours without loss of interest. Investments with LAIF are secured by the full faith and credit of the State of California. Collateral for Deposits Under the provisions of the California Government Code, California banks and savings and loan associations are required to secure a city's deposits by pledging government securities as collateral. The market value of the pledged securities must equal at least 110% of the city's deposits. California law also allows financial institutions to secure city deposits by pledging first trust deed mortgage notes having a value of 150 % of a city's total deposits. The collateral for certificates of deposit is generally held in safekeeping by the Federal Home Loan Bank in San Francisco as the third -party trustee. The securities are physically held in on undivided pool for all Califomia public agency depositors. The State Public Administrative Office for public agencies and the Federal Home Loan Bank maintain detailed records of the security pool which are coordinated and updated weekly. The City Treasurer, at his or her discretion, may waive the 110% collateral requirement for deposits which are insured up to $100,000 by the FDIC. 4) INTERFUND RECEIVABLES AND PAYABLES- $384,068 The balances due from and due to other funds as of June 30, 1993 are as follows: Due From: Due To: General Fund $ 131,541 General Fund $ 251,507 Community Development Block Grant 194,865 Capital Improvement Fund 132,561 Traffic Safety 57.662 384.068 384,068 15- CITY OF DIAMOND BAR, CALIFORNIA NOTES TO FINANCIAL STATEMENTS Year Ended June 30, 1993 5) GENERAL FIXED ASSETS - $3,594,835 Activities relating to the general fixed assets are presented as follows: General Government Furniture and Fixtures Machinery and Equipment Total General Government Community Services Land Buildings Improvements Construction In Progress Total Community Services Total General Fixed Assets 6) CLAIMS AND JUDGEMENTS PAYABLE - $327,982 Beginning Balance Additions Deletions Ending Balance $ 113,424 $ 3,841 $ $ 117,265 298.094 42.547 340.641 411.518 46.388 -0- 457.906 1,560,000 401,615 1,961,615 65,025 65,025 579,301 579,301 35.759 560.254 65.025 530.988 $ 2.586.578 LL2= s 65.025 i 3.594.835 These amounts represent estimates for liability claims from Southern California Joint Powers Insurance Authority, the City's Claim Administrators, for which the liability is probable. City staff concurred that these are the City's best estimates. The estimated liability at June 30, 1993 as determined by Southern California Joint Powers Insurance Authority is $92,050. 7) LONG-TERM OBLIGATIONS - $910,482 Activities relating to long-term obligations are presented as follows: irm Beginning New Matured Ending Balance Indebtedness During YearaB lan $ 30,280 $ 60,349 $ $ 90,629 519,853 519,853 400.000 100.000 300.000 550 133 460 349 100 000 910 482 Date of Years of Rates of Amount Description Issue Maturity interest Authorized Compensated Absences Payable (Note 8) N/A N/A N/A $ N/A Advances - County of L.A. (Note 9) 4/18/89 ** * N/A Lease Payable (Note 10) 7-1-92 1992-1995 Variable 400,000 Totals * - Los Angeles County Treasury Pool Rate ** - As Monies Become Available irm Beginning New Matured Ending Balance Indebtedness During YearaB lan $ 30,280 $ 60,349 $ $ 90,629 519,853 519,853 400.000 100.000 300.000 550 133 460 349 100 000 910 482 CITY OF DIAMOND BAR, CALIFORNIA NOTES TO FINANCIAL STATEMENTS Year Ended June 30, 1993 7) LONG-TERM OBLIGATIONS - $910,482 - Continued The future debt requirements are presented below: Lease Payable Year Principal Interest 1994 $ 100,000 $ 14,790 1995 100,000 9,860 1996 100.000 4.930 $ 300.000 29.58 8) COMPENSATED ABSENCES PAYABLE - $90,629 After twelve months continuous service with the City, full time employees receive from ten (10) to twenty (20) days vacation each year depending upon length of service. Vacation can be accumulated up to a maximum of 20 days. Unused vacation may be cashed in upon leaving employment with the City. City employees receive 3.08 hours of sick leave per pay period and can be accumulated up to a maximum of 144 hours. Unused sick leave may be cashed in upon leaving employment at the rate of 112 the employee's current rate of pay. The liability for compensated absences will be funded, when required, from future City operations. 9) ADVANCES - COUNTY OF LOS ANGELES - $519,853 The City incorporated on April 18, 1989. All services within the City continued to be provided by the County of Los Angeles. The cost of those services are to be reimbursed by the City over a period not to exceed five years. The County is required to give the City credit for any revenue which the County retained that was generated within the City limits during the period of time the services were provided. The cost of reimbursement shall bear interest at a rate equivalent to the Los Angeles County treasury pool earnings rate. The outstanding balance of $519,853 at June 30, 1993 is currently in dispute. The ultimate disposition of the advance is not known at this time. However, pursuant to GASB statement 1 it is reflected as a liability inasmuch as it is both estimable and probable. 10) LEASE PAYABLE - $300,000 The City has entered into a lease agreement as lessee for financing the acquisition of a reservoir site. This agreement qualifies as a capital lease for accounting purposes and, therefore, the lease las been recorded at the present value of the future minimum lease payments. Payments of principal and interest are payable in annual installments commencing July 1, 1992. The interest payments are based on the average annual percentage interest paid on public investments made through the Local Agency Investment Fund of the State of California. -17- CITY OF DIAMOND BAR, CALIFORNIA NOTES TO FINANCIAL STATEMENTS Year Ended June 30, 1993 11) FUND BALANCE/RETAINED EARNINGS RESERVES Reserves segregate portions of fund balance and retained earnings that are not available spendable resources. The various reserves established as of June 30, 1993 are described below and tabulated as follows: Reserved for Receivable - These reserves represent the noncurrent portion of the City's receivables which aro not available spendable resources Reserved for Prepaid Expenditures - These reserves represent prepayments recorded as assets which are not current financial resources. Reserved for Encumbrances - These reserves represent the portion of purchase orders awarded for which the goods or services had not yet been received at June 30, 1993. Although all appropriations lapse at year-end even if encumbered, the City intends either to honor the contracts in progress or to cancel them. Reserve for encumbrances are rebudgoted on July 1, by Council action. Reserved for Debt Service - These reserves for Debt Service represent reserves accumulated by the City of Diamond Bar that are legally restricted to the payment of long-term debt principal and interest amounts that mature in future years. 12) DEPOSITS - $257,332 Included in this amount is Deferred Compensation as follows: The City offers its employees a deferred compensation plan created in accordance with Internal Revenue Code Section 457. The plan, available to all City employees, permits them to defer a portion of their salary until future years. The deferred compensation is not available to employees until termination, retirement, death or unforeseeable emergency. All amounts of compensation deferred under this plan, all property and rights purchased with these amounts and all income attributable to those amounts, property or rights are (until made available to the employee or other beneficiary) solely the property and rights of the City (without being restricted to the provisions of benefits under the Plan), subject only to the claims of the City's general creditors. Participants' rights under the plan are equal to those of general creditors of the City in the amount equal to the fair market value of the deferred account for each participant. The City believes that it is unlikely that it will use the assets to satisfy the claims of general creditors in the future. _18_ General Special Revenue Capital Project Fund Funds Funds Reserved For: Receivable $ 31,346 $ $ Prepaid Expenditures 84,752 Encumbrances 122,608 52,925 14,698 Debt Service 910.482 Total L_1.149.188 $ 52.925 $ 14.698 Reserved for Receivable - These reserves represent the noncurrent portion of the City's receivables which aro not available spendable resources Reserved for Prepaid Expenditures - These reserves represent prepayments recorded as assets which are not current financial resources. Reserved for Encumbrances - These reserves represent the portion of purchase orders awarded for which the goods or services had not yet been received at June 30, 1993. Although all appropriations lapse at year-end even if encumbered, the City intends either to honor the contracts in progress or to cancel them. Reserve for encumbrances are rebudgoted on July 1, by Council action. Reserved for Debt Service - These reserves for Debt Service represent reserves accumulated by the City of Diamond Bar that are legally restricted to the payment of long-term debt principal and interest amounts that mature in future years. 12) DEPOSITS - $257,332 Included in this amount is Deferred Compensation as follows: The City offers its employees a deferred compensation plan created in accordance with Internal Revenue Code Section 457. The plan, available to all City employees, permits them to defer a portion of their salary until future years. The deferred compensation is not available to employees until termination, retirement, death or unforeseeable emergency. All amounts of compensation deferred under this plan, all property and rights purchased with these amounts and all income attributable to those amounts, property or rights are (until made available to the employee or other beneficiary) solely the property and rights of the City (without being restricted to the provisions of benefits under the Plan), subject only to the claims of the City's general creditors. Participants' rights under the plan are equal to those of general creditors of the City in the amount equal to the fair market value of the deferred account for each participant. The City believes that it is unlikely that it will use the assets to satisfy the claims of general creditors in the future. _18_ CITY OF DIAMOND BAR, CALIFORNIA NOTES TO FINANCIAL STATEMENTS Year Ended June 30, 1993 12) DEPOSITS - $257,332 - Continued The following is a summary of the increases and decreases of the fund for the year ended June 30, 1993. Fund Assets, Beginning of Year $ 128,433 Deposits 49,013 Interest 12,742 Administrative Expenses (155) Disbursements (11.1881 Fund Assets, End of Year 178,845 13) JOINT VENTURE The City is a member of the Southern California Joint Powers Insurance Authority (Authority). The following joint venture disclosures are made in compliance with GASB Code Section J50.103: A) Description of Joint Powers Authority The Authority is comprised of 65 members and is organized under a Joint powers Agreement pursuant to the California Government Code. The purpose of the Authority is to arrange and administer programs of insurance for the pooling of self-insured losses and to purchase excess insurance coverage. Each member city has a representative on the Board of Directors. Officers of the Authority are elected annually by the Board members. B) Self -Insurance Programs of the Authority General Liability Insurance: Annual deposits are paid by member cities and are adjusted retrospectively to cover coats. Each member city, including Diamond Bar, self -insures for the first $10,000 of each loss. Participating cities thea share in the next $10,000 to $500,000 per loss occurrence. Specific coverage includes comprehensive and general automotive liability, personal injury, contractual liability, -and omissions and certain other coverage. Beginningwith fiscal year 1987, the Authority became fully self-insured. Separate deposits are collected from member cities to cover claims between $500,000 and $10,000,000. These deposits are also subject to retrospective adjustment. Workers' Compensation: Periodic deposits are paid by member cities and are adjusted retrospectively to cover costs. Each member city has a specific retention level. Member cities do not share or pay losses of other cities under $50,000. Losses of $50,000 to $250,000 aro prorated among all participating cities on a payroll basis. Losses in excess of $250,000 are covered by excess insurance purchased by the participating cities, as a part of the pool, to a limit of $10 million. The City of Diamond Bar does not participate in the Authority's Workers' Compensation Program. Property Protection: The City of Diamond Bar participates in the All Risks Property Protection Program, which is primarily underwritten by a casualty insurance company. The annual deposits paid by participating member cities are based upon deductibility levels and are not subject to retroactive adjustments. t3 ka CITY OF DIAMOND BAR, CALIFORNIA NOTES TO FINANCIAL STATEMENTS Year Ended June 30, 1993 13) JOINT VENTURE - Continued C) Condensed Financial Information of the Authority Noted below is the condensed audited balance sheet of the Authority as of June 30, 1991 and 1992: Fund Equity - June 30 S 6.205.901 $ 7.027.570 The Authority has no long-term debt. June 30, 1993 information was not available at the date of this report. The aforementioned information is not included in the accompanying financial statements. -20- 1991 1992 Assets S 59.754.150 S 70.844.475 Liabilities to Member Cities (All Current) $ 53,548,249 $ 63,816,905 Fund Equity - Reserved for Insurance Claims and Losses 6.205.901 7.027.570 S 59.754.150S 70.844.475 As a result of operations for the year ended June 30, 1992, fund equity, reserved, increased by $821,669. Noted below is the condensed audited statement of revenues, expenditures, and changes in fund equity of the Authority for the year ended June 30, 1991 and 1992: 1990-91 1991-92 Revenues $ 18,118,314 $ 26,962,103 Expenditures 18.812.989 26.140.434 Excess of Revenues Over Expenditures (694.675) 821.669 Fund Equity - July 1 6.900.576 6.205.901 Fund Equity - June 30 S 6.205.901 $ 7.027.570 The Authority has no long-term debt. June 30, 1993 information was not available at the date of this report. The aforementioned information is not included in the accompanying financial statements. -20- CITY OF DIAMOND BAR, CALIFORNIA NOTES TO FINANCIAL STATEMENTS Year Ended June 30, 1993 14) CITY EMPLOYEES' RETIREMENT PLAN (Defined Benefit Pension Plan) Plan Description The City of Diamond Bar contributes to the California Public Employees Retirement System (PERS), an agent multiple -employer public employee retirement system that acts as a common investment and administrative agent for participating public entities within the State of California. The total covered payroll for employees participating in the System for the year ended June 30, 1993 was $947,149. The total payroll for the year was $1,004,141. All full-time and part-time benefitted City employees are eligible to participate in the System. Part-time non -benefitted hourly employees do not participate in the system. Benefits vest after five years of service. City employees who retire at or after age fifty with five years of credited service are entitled to an annual retirement benefit, payable monthly for life, in an amount that varies from 1.092 percent at age fifty to a maximum of 2.418 percent at age sixty-three of the three highest years' salary for non -safety employees for each year of credited service. The system also provides death and survivor's benefits. These benefit provisions and all other requirements are established by State statute and City ordinance. Employee and Employer Contribution Obligations The City makes the contributions required of City employees on their behalf and for their account. The rate is set by statute and therefore remains unchanged from year to year. The present rate for local miscellaneous members is 7 % of their annual wages. The City is required to contribute the remaining amounts necessary to fund the benefits for its members, using the actuarial basis recommended by the PERS actuaries and actuarial consultants and adopted by the Board of Administration. Funding Status and Progress The amount shown below as the "pension benefit obligation" is a standardized measure of the present value of pension benefits, adjusted for the effects of step -rate benefits, estimated to be payable in the future as a result of employee service to date. The mass= is intended to help assess the funding status of the system on a going -concern basis, assess program made in accumulating sufficient assets to pay benefits when due, and make comparisons among employers. The measure is the actuarial present value of credited projected benefits and is independent of the funding method used to determine contributions to the System The pension benefit obligation was computed as part of an actuarial valuation performed as of June 30, 1992. Significant actuarial assumptions used m the valuation include (a) a rate of return on the investment of present and future assets of 8.75 percent a year compounded annually, (b) projected salary increases of 5.25 percent a year compounded annually, attributable to inflation, and across the board real salary increases, (c) additional projected salary increases of 1.75 percent a year, attributable to seniority/merit, and (d) no post-retirement benefit increases. -21- CITY OF DIAMOND BAR, CALIFORNIA NOTES TO FINANCIAL STATEMENTS Year Ended June 30, 1993 14) CITY EMPLOYEES' RETIREMENT PLAN (Defined Benefit Pension Plan) - Continued The total unfunded pension benefit obligation applicable to the City employees was $(47,450) at June 30, 1992, as follows: Pension Benefit Obligation: Retirees and Beneficiaries Currently Receiving Benefits and Terminated Employees Not Yet Receiving Benefits Current Employees: Accumulated Employee Contributions Including Allocated Investment Earnings Employer -Financed Vested Employer -Financed Non Vested Total Pension Benefit Obligation Net Assets Available for Benefits At Cost (Market Value = $350,455) Unfunded pension Benefit Obligation Changes In The Pension Benefit Obligation From Last Year Due To: Changes in Benefit Provisions Changes in Actuarial Assumptions Actuarial information relating to the plan was not available from PERS at June 30, 1993. $ 806 146,109 -0- 116.322 263,237 310.687 47 450) -0- -0- Actuarially Determined Contribution Requirements and Contribution Made PERS uses the Entry Age Normal Actuarial Cost Method which is a projected benefit cost method. That is, it takes into account those benefits that are expected to be earned in the future as well as those already accrued. According to this cost method, the normal cost for an employee is the level amount which would fund the projected benefit if it were paid annually from date of employment until retirement. PERS uses a modification of the Entry Age Cost method in which the employer's total normal cost is expressed as a level percent of payroll. PERS also uses the level percentage of payroll method to amortize any unfunded actuarial liabilities. The amortization period of tate unfunded actuarial liability ends on June 30, 2019. The significant actuarial assumptions used to compute the actuarially determined contribution requirement are the same as those used to compute the pension benefit obligation, as previously described. -22_ CITY OF DIAMOND BAR, CALIFORNIA NOTES TO FINANCIAL STATEMENTS Year Ended June 30, 1993 14) CITY EMPLOYEES' RETIREMENT PLAN (Defined Benefit Pension Plan) - Continued The contribution to the system for 1993 of $129,570 was made in accordance with actuarially determined requirements computed through an actuarial valuation performed as of June 30, 1992. The contribution consisted of (a) 128,831 normal cost (13.602 percent of current covered payroll) and (b) $739 amortization of the unfunded actuarial accrued liability (0.078 percent of current covered payroll). The contributions were paid entirely by the City. TREND INFORMATION Trend information gives an indication of the progress made in accumulating sufficient assets to pay benefits when due. System wide ten year trend information may be found in the California Public Employees' Retirement System Annual Report. Ten year trend information for the City of Diamond Bar is not provided in this report. Therefore, within the City's financial statement, tea years of historical tread information are required since the annual report for PERS does not reflect information for individual agencies. 1989-90 was the first year the City participated in PERS. Until ten years of data are available, as many years as are available should be Presented. Therefore, the trend information for 1989-90 through 1992-93 is summarized as follows: (1) (2) Fiscal Year Net Assets Pension Ending Available For Benefit June 30 Benefits Obli¢ation (4) Unfunded (3) Pension Benefit Percentage Funded Obligation (1)/(2) 041) (5) (6) Estimated Unfunded Pension Annual Covered Benefit Obligation Payroll For As A Percentage The Succeeding Of Covered Payroll Fiscal Year (41/(5) (7) Employer Contributions Expressed As A Percentage Of Annual Covered Payroll 1990 $ 25,070 $ 28,880 86.8% $ 3,810 $ 312,210 1.2% 13.856% 1991 131,800 122,060 108.0% (9,740) 936,030 -1.0% 13.856% 1992 310,680 263,230 118.0% 47,460 1,106,050 -4.3% 14.874% 1993 + * * + + * 13.602% *Not yet available "These contributions were made in accordance with actuarially determined requirements. There were no post employment benefits provided to City employees other than the pension plan. -23- CITY OF DIAMOND BAR, CALIFORNIA NOTES TO FINANCIAL STATEMENTS Year Ended June 30, 1993 15) EXPENDITURES IN EXCESS OF APPROPRIATIONS Excess of expenditures over appropriations in individual funds are as follows: Fund Excess General Fund $ 56,520 OTS Fund 4,035 Air Quality Improvement Fund 3,155 Capital Improvement Fund 270,012 These were financed through beginning fund balances and revenues in excess of estimated revenues. 16) CONTINGENCIES As of June 30, 1993, in the opinion of the City Administration, there are no outstanding matters which have a significant effect on the financial position of the funds of the City. -24- Property Taxes Sales Tax Transient Occupancy Taxes Franchises Real Property Transfer Taxes Licenses and Permits Fines and Forfeits Interest Motor Vehicle in Lieu Fees Mobile Home in Lieu Fees Homeowners' Property Tax Relief Cigarette Taxes Miscellaneous Revenue from Other Governments Refunds and Reimbursements Other Revenues TOTAL CITY OF DIAMOND BAR, CALIFORNIA GENERAL FUND - SCHEDULE 1 STATEMENT OF REVENUES - BUDGET AND ACTUAL Year Ended June 30, 1993 -25- Budeet Actual $ 1,274,000 $ 1,208,688 2,000,000 2,272,623 100,000 196,364 600,000 612,668 60,000 121,585 752,500 724,694 55,000 24,315 300,000 245,114 2,500,000 2,822,893 5,653 30,000 21,063 6,580 300,000 436,011 88,109 6.000 13.196 LL17 500 LLL99 556 CITY OF DIAMOND BAR, CALIFORNIA GENERAL FUND- SCHEDULE 2 STATEMENT OF EXPENDITURES - BUDGET AND ACTUAL Year Ended June 30, 1993 -26- Budget Actual City Council $ 92,250 $ 93,111 City Attorney 165,000 193,729 City Manager 297,190 232,326 City Clerk 179,965 172,971 Finance 197,150 170,853 Community Promotion 51,155 94,887 Planning 462,112 530,110 Building and Safety 220,000 229,949 Emergency Preparation 28,400 32,622 General Government 228,900 261,863 Insurance 210,000 330,832 Police 3,610,188 3,421,003 Fire 7,526 7,359 Animal Control 55,000 49,644 Public Works 1,580,350 1,572,681 Community Services 457,980 506,849 Parks 317,855 315,710 Capital Outlay 15.400 16.442 TOTAL 8,176,421 8.232.941 -26- CITY OF DIAMOND BAR, CALIFORNIA WA COMBINING BALANCE SHEET - SCHEDULE 3 ALL SPECIAL REVENUE FUNDS Page 1 June 30, 1993 Community Traffic Gas Prop. A Solid Park Fees A.D. Development Safety Tax Transit Waste Fund SB 821 No. 38 Block Grant ASSETS ASSETS Cash $ $ 2,443,489 $ 495,592 $ 21,242 $ 188,187 $ 154,686 $ 195,160 $ Accounts Receivable 6,161 Interest Receivable Due from Other Governments 57.662 1.539 5,244 206.230 TOTAL ASSETS 57,662 2,443,489 495,592 7 403 S 189,187 156,225 200,404 $ 706.230 LIABILITIES AND FUND BALANCES LIABILITIES Accounts Payable $ $ $ 1,719 $ 7,272 $ $ $ 26,456 $ 11,241 Accrued Liabilities 94 43 371 303 124 Due to Other Funds 57.662 194.865 TOTAL LIABILITIES 57.662 94 1.762 7.643 -0- -0- 26.759 206,230 FUND BALANCES Reserved for Encumbrances 47,768 5,157 Unreserved - Designated 2.395.627 493.830 19.760 188.187 156.225 168.488 TOTAL FUND BALANCES -0 2.443.395 493.830 19.760 188.187 156.225 173.645 0 TOTAL LIABILITIES AND FUND BALANCES 57,662 LLa3 489495 592 27 403 188 187 156 225 $ 200.404 $ 206,230 WA CITY OF DIAMOND BAR, CALIFORNIA COMBINING BALANCE SHEET - SCHEDULE 3 ALL SPECIAL REVENUE FUNDS Page 2 June 30, 1993 -28_ A.D. A. D. Prop. C OTS Air Quality Totals - June 30, No, 39 No. 41 Transit Fund Improvement 1993 1992 ASSETS ASSETS Cash $ 132,182 $ 144,795 $ 870,615 $ $ 67,785 $ 4,713,733 $ 3,281,540 Accounts Receivable 6,160 171,782 Interest Receivable 146 Due from Other Governments 1.654 2.426 42.814 317.569 641.245 TOTAL ASSETS 13 836 147 220 Lamm $ -0- $ 67.785 s so37.462 s 4 094 7 LIABILITIES AND FUND BALANCES LIABILITIES Accounts Payable $ 28,289 $ 13,218 $ $ $ 26,227 $ 114,422 $ 80,045 Accrued Liabilities 274 238 124 1,571 864 Due to Other Funds 252.527 19.084 TOTAL LIABILITIES 28.563 13.456 -0 0- 26.351 368.520 99.993 FUND BALANCES Reserved for Encumbrances 52,925 200,170 Unreserved - Undesignated 105.273 133.764 913.429 41.434 4.616.017 3.794.550 TOTAL FUND BALANCES 105.273 133.764 913.429 -0- 41.434 4.668.942 3.994.720 TOTAL LIABHdTIES AND FUND BALANCES 133 836 LIL7,220 913,429 L -0- $ 67.785 LIL37,462 S 4,094,713 -28_ CITY OF DIAMOND BAR, CALIFORNIA STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - SCHEDULE COMBINING ALL SPECIAL REVENUE FUNDS 1 year Ended June 30, 1993 Community Traffic Gas Prop. A Solid Park Fees A. D. Development Safety Tax Transit Waste Fund SB 821 No. 38 Block Grant REVENUESS S $ $ $ 82,245 $ $ $ Franchises 251,286 Special Assessments 1,210,046 536,588 18,464 358,658 Intergovernmental Fines and Forfeits 98,927 481 112,306 23,346 800 8,110 5,984 5,324 Use of Money and Property Developer Fees TOTAL REVENUES 99.408 1.322.352 559.934 83.045 8.110 24.448 256.610 358.658 EXPENDITURES General Government - Nondepartmental 11,207 537,460 67,814 150,585 37,342 Public Worcs 56,435 9,757 29.674 apiml outlay TOTAL EXPENDITURES -0- 11.207 593.89 77.571 -0 -0- 180.259 37.342 EXCESS OF REVENUES OVER (UNDER) EXPEND11TURES 99,408 1,311,145 (33,961) 5,474 8,110 24,448 76,351 321,316 OTHER FINANCING SOURCES (USES) (321.316) operating Transfers In (Out) (99.408) (1.167.033) (3.0001 EXCESS OF REVENUES AND OTHER SOURCES OVER (UNDER) EXPENDITURES AND OTHER USES -0- 144,112 (36,961) 5,474 8,110 24,448 76,351 0 FUND BALANCES - BEGINNING OF YEAR 2.299.283 530.791 14.286 180.077 131,777 97.294 -0 FUND BALANCES - END OF YEAR $ -o- S 2.443.395 S 493.830 SS 1� 188,187 156,225£ 173.645 S -0 -29- CITY OF DIAMOND BAR, CALIFORNIA COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - SCHEDULE 4 ALL SPECIAL REVENUE FUNDS Page 2 Year Ended June 30, 1993 -30- A. D. A. D. Prop. C OTS Air Quality Totals -Year Ended June 30. No. 39 No. 41 Transit Fund Improvement 1993 1992 REVENUES Franchises $ $ $ $ $ S 82,245 $ 83,238 Special Assessments 93,110 125,275 469,671 466,369 Intergovernmental 428,039 4,035 62,685 2,618,515 2,421,972 Fines and Forfeits 98,927 74,061 Use of Money and Property 6,676 5,172 28,470 1,749 198,418 184,504 Developer Fees 179.679 TOTAL REVENUES 99.786 130.447 456.509 4.035 64.434 3.467.776 3.409.823 EXPENDITURES General Government - Nondepartmental 4,234 620,715 553,880 Public Works 158,913 101,421 514,453 423,747 Capital flay 4.035 33.920 67.629 89.257 TOTAL EXPENDITURES 158.913 101.421 -0- 4.035 38.154 1.202.797 1.066.884 EXCESS OF REVENUES OVER (UNDER) EXPENDITURES (59,127) 29,026 456,509 -0- 26,280 2,264,979 2,342,939 OTHER FINANCING SOURCES (USES) Operating Transfers In (Out) (1.590.757) (671.585) EXCESS OF REVENUES AND OTHER SOURCES OVER (UNDER) EXPENDITURES AND OTHER USES (59,127) 29,026 456,509 -0- 26,280 674,222 1,671,354 FUND BALANCES - BEGINNING OF YEAR 164.400 104.738 456.920 -0- 15.154 3.994.720 2.323.366 FUND BALANCES - END OF YEAR L125 273 133,764 913 429 $ -0- $ 41.434 4668 2S 3,224, 7 -30- ASSETS Cash Due from Other Funds TOTAL ASSETS LIABILITIES Accounts Payable Accrued Liabilities TOTAL LIABILITIES FUND BALANCES Reserved for Encumbrances Unreserved - Undesignated TOTAL FUND BALANCES TOTAL LIABILITIES AND FUND BALANCES CITY OF DIAMOND BAR, CALIFORNIA COMBINING BALANCE SHEET - ALL CAPITAL PROJECT FUNDS June 30, 1993 ASSETS SCHEDULE Grand Traffic Capital Totals - June 30. Avenue Mitigation Imnrovemeat 1993 1992 $ 449,545 $ 303,759 $ $ 753,304 $ 921,876 132.561 132.561 449 45303 759 $ 132.561 S 885,865$ 921.876 LIABILITIES AND FUND BALANCES -31- $ 6,662 $ 18,521 $ 132,561 $ 157,744 $ 68,963 42 42 49 6.704 18.521 132.561 157.786 69.012 8,927 5,771 14,698 31,537 433.914 279.467 713.381 821.327 442.841 285.238 -0- 728.079 852.864 S 449.545 $ 303.759 S 132,561 895,965 $ 921.876 CITY OF DIAMOND BAR, CALIFORNIA COMBINING STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - SCHEDULE 6 ALL CAPITAL PROJECT FUNDS Year Ended June 30, 1993 REVENUES Use of Money and Property Other Revenues TOTAL REVENUES EXPENDITURES Public Works Capital Outlay Debt Service: Principal Retirement TOTAL EXPENDITURES EXCESS OF REVENUES OVER (UNDER) EXPENDITURES OTHER FINANCING SOURCES (USES) Operating Transfers In (Out) Proceeds from Capital Lease EXCESS OF REVENUES AND OTHER SOURCES OVER (UNDER) EXPENDITURES AND OTHER USES FUND BALANCES - BEGINNING OF YEAR FUND BALANCES - END OF YEAR -32- 1,367,473 1,367,473 83,783 400.000 400.000 (44,548) (27,316) (52,921) Totals - Grand Traffic Capital Year Ended June 30. Avenue Mitigation Improvement 1993 1992 7 079 852,964 $ $ 6,444 $ 1,101 $ 7,545 $ 12,921 50.000 -0- 6.444 1.101 7.545 62.921 7,776 7,776 21,942 36,772 33,760 1,721,495 1,792,027 194,758 100.000 100.000 44.54 33.760 1.821.495 1.899.803 216.700 (44,548) (27,316) (1,820,394) (1,892,258) (153,779) 1,367,473 1,367,473 83,783 400.000 400.000 (44,548) (27,316) (52,921) (124,785) (69,996) 487.38.2 312.554 52.921 852.864 922.860 442,841 85 8 L_ -O- 7 079 852,964 UITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.: $- _S TO: Terrence L. Belanger, City Manager MEETING DATE: January 4, 1994 REPORT DATE: December 21, 1993 FROM: George A. Wentz, Interim City Engineer TITLE: Release of Grading Cash Bond Posted for 2743 Rocky Trail Road in the "Country" in Diamond Bar. SUMMARY: The City of Diamond Bar desires to exonerate the surety cash bond posted for grading located at 2743 Rocky Trail Road in the amount of $1,206. The owners EMK Enterprises Inc, have now decided not to construct at the subject address. RECOMMENDATION: It is recommended that the City Council release the surety cash bond which was posted with the City of Diamond Bar in July, 1992 for single family residence grading at 2743 Rocky Trail Road in the amount of $1,206, and is now in the posession of the City Clerk. Further, it is recommended that the City Council instruct the City Clerk to notify EMK Enterprises Inc. and Coast Federal Bank of the City Councils action. LIST OF ATTACHMENTS:x Staff Report _ Resolution(s) _ Ordinance (s) _ Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: Public Hearing Notification — Bid Specification (on file in City Clerks Office) X Other: Copy of Grading Bond Form and Release Request Letter 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? N/A 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? Majority 4. Has the report been reviewed by a Commission? N/A Which Commission? — Yes x No 5. Are other departments affected by the report? N/A Report discussed with the following affected departments: Yes N ANo nnv ZWLU MY: errence L. Belanger Ge City Manager In e A.W t im Cit gineer MEETING DATE: TO: FROM: SUBJECT: CITY LUUNCIL REPORT January 4, 1994 AGENDA NO. Honorable Mayor and Members of the City Council Terrence L. Belanger, City Manager Release of Grading Cash Bond Posted for 2743 Rocky Trail Road, in the "Country" in Diamond Bar ISSUE STATEMENT: This report relates to the release of located at 2743 Rocky Trail Road in Enterprises Inc. have now decided not RECOMMENDATION: a Cash Bond posted for proposed grading the amount of $1,206. The owners EMK to construct at the subject address. It is recommended that the City Council release the Surety Cash Bond which was posted with the City of Diamond Bar in July, 1992 for single family residence grading at 2743 Rocky Trail Road in the amount of $1,206, and is now in the posession of the City Clerk. Further, it is recommended that the City Council instruct the City Clerk to notify EMK Enterprises Inc. and Coast Federal Bank of the City Council's action. FINANCIAL SUMMARY: This recommendation has no financial impact on the City's 1993-1994 budget. BACKGROUND: The proposed grading on this 1.3 acre lot was for a 8,500 square family residence. The grading permit was issued in August 1992t and singleandgrading has taken place to date. On December 171 1993, staff received a letter from Kuntjoro of EMK Enterprises Inc. stating that they will not be proceeding with the construction of the house. As a result, they have applied to have their grading bond released. Due to the change in circumstances and to the fact that the grading permit expired in August, 1993 due to inactivity of the grading permit, staff recommends that the surety cash bond which was posted with the City of Diamond Bar be released. DISCUSSION: The following listed cash surety needs to be released: Address: Owner: Tract No.: PassBook Number: Bank: Amount: PREPARED BY: Anne M. Garvey 2743 Rocky Trail Road EMK Enterprises Inc. 30578 Coast Federal Bank J!,_2 0 6 i, s.a . E.M.K. ENTERPRISES, Ms. Anne Garvey. City of Diamond Bar, Engineering Department. 21660 E. Copley Dr. Ste. 100 & 190 Diamond Bar, Ca 91765 December 17, 1993 Re: Grading Bond Release 274.3 Rocky Trail Rd Diamond Bar, Ca 91765 Dear Ms. Garvey, Due to the current economy, I have decided to postpone my intention to build on the above property. Therefore, with this letter I would like to request the release of my grading bond. To assist you, I have also enclosed a copy of my proof of deposit with the Coast Federal Bank in Diamond Bar. I apologize for any inconvenience this may have caused you. If you have any questions, please do not hesitate to call me at 909-623-5556. S* "cerely, Ek3'Ku Oro E.M.K. Enterprises, Inc. P.O. Box 4730 • Diamond Bar, CA 91765-4730 • Phone (714) 623-5556 • Fax (714) 623-2268 St, Lic. #631586 Q� CASH POSIT IN LIEU OF GRADING E ND (FAITHF PERFORMANCE, LABOR & MATE IAL) AC JWLEDGEMENT AND CONSENT OF FINANCIAL INSTITUTION } (hereinafter "Finar. al Institution") he- by acknowledges th (hereinafter "Depo, tor") has deposited with Financial Institu- )n the sum of Financial Institu )n acknowledges and agrees that the foregoing deposit stands in the ime of the City of Diamon�. Bar, a California municipal corporation ( reinafter the "City"), and -.hat the City is the owner of such account. vo funds shall be wi thdraw-i from said account without the express, w tten consent of the City; provided, however, that any interest earne on the deposit shall belong to the Depositor. Financial Institut )n further acknowledges and agrees that upon written instructions rom the City, Financial Institution shall immediately pay to th City such amount (not exceeding, in the aggregate, the sum spc,ified above) as may be requested by City. Financial Institution f:,rther acknowledges and agrees that such funds shall be paid to the City notwithstanding any contrary instructions that may have been given by the Depositor. Financial. Institution represents to City and warrants that the entire amount of the principle on deposit as provided herein is insured through the Federal Deposit Insurance Corporation (FDIC) or the Federal Savings and Loan Insurance Corporation (FSLIC). WHEREFORE, this acknowledgement and consent is executed this day of July 14th 19 92 FINANCIAL INSTITUTION: COAST FEDERAL BANK By x ul . xTi f FP ii` "'e r� 1 - � r• ri � � � '• r i yli lr E a l7 r+� t �) h."S •E y -t � x r+'t, r v fi ;y - r 1 3 �a � @ A } � {t J J�iry ZV f�S"? S •'�'�ii 3 s d t x •n,. 't '� x+ k v "`«a {, +re y.� ,r -�Y' F • s '.. d ' �4 Y F { r� 9S b. 9s' . '6 '� r {. j $:�• ' �r t .�, t�', h{^.k y°-�}t P �•�,. •�cWi ' Y "" " ., �x+*�:�`r,•r V( t x Y'M'"� ! 2 a, 1� � 1 1 r Y I �'Y� i Y-� S 4 B J F �11 �^'Si4e) E� E Y x'R�� ?,W w M i'W a 1 P f5 r MMx x�'+, d t L ;r,- rHO Irv, vi,Tt k �yq��4"Ma p� Won '4 ° aFP ? a�^•. u ! J X4 - i 4F 'N�# �1\#' i�'.'T'"�tw.1Y• `'(' E xy ty�,i a iIV, Wl _ WE MAN � � i.. +. ��•� 3 wa1° "i' ! �lY ti�',�� } .f Eder ,,� �� r dt � '�.: �• �N Pit *• f�,Ft QOM f �� :S � l i CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.: S.: TO: Terrence L. Belanger, City Manager MEETING DATE: January 4, 1994 REPORT DATE: December 21, 1993 FROM: George A. Wentz, Interim City Engineer TITLE: Exoneration of Grading Cash Surety Bond Posted for 2521 Braided Mane Drive in the "Country" in Diamond Bar. SUMMARY: Grading has been completed on the subject property and the cash surety bond posted for grading located at 2521 Braided Mane Drive in the amount of $27,076, may be exonerated. RECOMMENDATION: It is recommended that the City Council approve and accept the completed work and exonerate the surety cash bond which was posted with the City of Diamond Bar in August, 1991 for a single family residence grading at 2521 Braided Mane Drive in the amount of $27,076, and is now in the posession of the City Clerk. Further, it is recommended that the City Council instruct the City Clerk to notify Gary Miller and Home Federal Bank of the City Council's action. LIST OF ATTACHMENTS:x Staff Report _ Public Hearing Notification Resolution(s) _ Bid Specification (on file Ordinance(s) in City Clerk's Office) _ Agreement(s) X Other: Bond EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed N/A by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? N/A 4. Has the report been reviewed by a Commission?_ Yes x No Which Commission? N/A 5. Are other departments affected by the report? Yes x No Report discussed with the following affected departments: N/A REV EWED BY: IN-rrence L. Belang Frank er Geo ge A. W n City Manager Assistant City Manager In rim Cit ngineer CITY COUNCIL REPORT MEETING DATE: January 4, 1994 AGENDA NO. TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Release of Grading Cash Surety Bond Posted for 2521 Braided Mane Drive ISSUE STATEMENT: Grading has been completed on the subject property and the Cash Surety Bond posted for grading located at 2521 Braided Mane Drive in the amount of $27,076, may be exonerated. RECOMMENDATION: It is recommended that the City Council approve the release of the Surety Cash Bond which was posted with the City of Diamond Bar in August 1991 for grading at 2521 Braided Mane Drive in an amount of $27,076, and is now in the posession of the City Clerk. Further, it is recommended that the City Council instruct the City Clerk to notify Gary Miller and Home Federal Bank of the Council's action. FINANCIAL SUMMARY: This recommendation has no financial impact on the City's 1993-1994 budget. BACKGROUND: The grading on this acre lot was for a single family residence. The lot was inspected and rough grade was approved in December, 1993 by the Public Works Inspector. Therefore, we now recommend that the surety which was posted with the City of Diamond Bar be released. At the time residential construction proceeds, final grading securities may be required prior to precise grading permit issuance. An approved erosion control plan is on file with the City. DISCUSSION: The following listed surety needs to be released: Address: 2521 Braided Mane Owner: Gary and Kathleen Miller Tract No.: 23483 Account Number: 2229-4974-5 Bank: Home Fed Bank Amount: $27,076 PREPARED BY: Anne M. Garvey GP 029 CASH ;POSIT IN LIEU OF GRADING l' ;ND (FAITH: , PERFORMANCE, LABOR & MATE']-:IAL) X IOWLEDGEMENT AND CONSENT Cl.- FINANCIAL }.FINANCIAL INSTITUTION HOME F: BANK (hereinafter "Fina ial Institution") h?reby acknowledges that GARY G. AND CATHLEEN MILLER (hereinafter "Depositor") .has deposited With Financial Institt on the sum of $ 27,076.00 Financial Institt on acknowledges and agrees that the foregoing deposit stands in the ame of the City of Diamond Bar, a California municipal corporation -2reinafter the "City"), and that the City is the owner of such account. No funds shall-be withdrawn from said account without the express, itten consent of the City; provided, however, that any interest earn on the deposit shall belong to the Depositor. Financial InstitL on further acknowledges and agrees that upon written instructions prom the City, Financial Institution shall immediately pay to trF City such amount (not exceeding, in the aggregate, the sum specified above) as may be requested by City. Financial Institution turther acknowledges and agrees that such funds shall be paid to the City notwithstanding any contrary instructions that may have been given by the Depositor. Financial Institution represents to City and warrants that the entire amount of the principle on deposit as provided herein is insured through the Federal Deposit Insurance Corporation (FDIC) or the Federal Savings and Loan Insurance Corporation (FSLIC). WHEREFORE, this acknowledgement and consent is executed this day of Arr('�irsT 27 , 19 9 . FINANCIAL INSTITUTION: By: SHEREE J. LYNN MEETING DATE: TO: FROM: SUBJECT: CITY COUNCIL REPORT AGENDA NO. 6, / January 4, 1994 Honorable Mayor and Members of the City Council Terrence L. Belanger, City Manager l� Development Agreement Nos. 92-1 and 2; Vesting Tentative Tract Map No. 51407, Conditional Use Permit No. 92-8 and Oak Tree Permit No. 92-8; Vesting Tentative Tract No. 32400, Conditional Use Permit No. 91-5, and Oak Tree Permit No. 92-3; Tentative Tract Map No. 51253 and Conditional Use Permit No. 92-12; Oak Tree Permit No. 92- 9; the South Pointe Master Plan; and Environmental Impact Report No. 92-1 continued from November 16, 1993. ISSUE STATEMENT: This is a request for approval of a mixed use project, known as the South Pointe Master Plan, consisting of land uses which include residential, commercial, park, open space and school facilities. The project site is approximately 171 acres in size and is located north of Pathfinder Road, west of Brea Canyon Road, east of Morning Sun Drive, and south of Rapid View Drive. The project proposes to develop 30 acres of commercial retail/office space of 290,000 square feet; approximately 200 single-family detached residential dwelling units, a 28 acre neighborhood park; and the construction of a middle school. BACKGROUND: The proposed project involves a request for several discretionary land use permits. As a result of the City Councils action of December 14, 1993, to repeal Resolution No. 93-58 which adopted the General Plan, the city finds itself without a basis for decision making regarding the cityls long-term physical development. The California Government Code, Sections 65300, 66473.511 65867.5, and others requires a finding of conformity/ consistency with the General Plan. Without a General Plan, which sets forth land use policy, no such finding can be made. RECOMMENDATION: It is therefore recommended that the project be tabled. until the adoption of the General Plan. PUBLIC HEARING NOTICE: The original public hearing for the South Pointe Master Plan was publicly noticed in accordance with State and local requirements. PREPARED BY: James De Stefano Community Development Director CITY OF DIAMOND BAR AGENDA REPORT TO: Terrence L. Belanger, City Manager MEETING DATE: January. 4, 1994 FROM: Troy L. Butzlaff, Assistant to the City Manager TITLE: AB 939 Administrative Fee AGENDA NO. (a.Z-- REPORT DATE: December 22, 1993 SUMMARY: The City's integrated waste management activities are currently funded through the assessment of an AB 939 Administrative Fee of $0.35 per household per month, $6.00 per commercial account per month, and $40.00 per containerized unit per month. Based on last years figures, the City is projecting to raise about $78,000 in revenues this fiscal year to offset the City's anticipated costs of administering the City's solid waste permit system and integrated waste management programs. The City Council, at their December 14, 1993, City Council meeting, directed staff to evaluate the reasonableness and effectiveness of the this fee in order to support its continuance. RECOMMENDATION: It is recommended that the City Council: (1) retain the existing AB 939 Administrative Fee; and (2) direct staff to explore possible funding alternatives, as part of the 1994-1995 budget process, and develop recommendations for the City Council's consideration. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification _ Resolution _ Bid Specifications Ordinance Other: EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? —Yes X No 2. Does the report require a majority or 4/5 vote? MAJORITY 3. Has environmental impact been assessed? N/A 4. Has the report been reviewed by a Commission? —Yes X No Which Commission? 5. Are other departments affected by the report? —Yes X No REVIEWED BY: 1 Terrence L. Bger City Manager Frank M. Usher Assistant City Manager CITY COUNCII, REPORT AGENDA NO. MEETING DATE: January 4, 1994 TO: Honorable Mayor and Members of the City Council FROM: City Manager SUBJECT: AB 939 Administrative Fee ISSUE STATEMENT: On December 14, 1993, the City Council directed staff to evaluate the reasonableness and effectiveness of the City's AB 939 Administrative Fee. RECOMMENDATION: It is recommended that the City Council: (1) retain the existing AB 939 Administrative Fee; and (2) direct staff to explore possible funding alternatives, as part of the 1994-95 budget process, and develop recommendations for the City Council's consideration. BACKGROUND: On December 15, 1992, the City Council approved Resolution 90-95A which modified the City's solid waste permit system to include the issuance of individual non-exclusive contracts for the collection, transportation, recycling, composting and disposal of solid waste, recyclables and compostable materials generated within the City of Diamond Bar. The general emphasis of this permit system has been: • To regulate the number of waste haulers providing service to the City and establish uniformed standards for service, equipment, reporting, and the collection of recyclables; • To assure compliance with state and local diversion, monitoring and reporting requirements; • To reduce the amount of staff time used in administering and implementing the City's solid waste permit system and integrated waste management programs; and • To minimize the costs of implementing the City's AB 939 programs. As part of the permit system, the City Council also adopted Resolution 90-102 establishing an AB 939 Administrative Fee. This fee has been used to offset the costs associated with administering the permit system and to establish an integrated waste management program designed to reduce the volume of waste being disposed of in sanitary landfill. DISCUSSION: To properly understand the rationalization behind this fee, it is important to understand the context that made it necessary. In 1989, the Governor signed into law the California Integrated Waste Management Act of 1989, also known as AB 939. The Act requires the City to prepare, adopt, and implement a Source Reduction and Recycling Element (SRRE) which identifies how the City will divert, through a combination of source reduction, recycling, and composting programs, 25% of solid wastes from landfill disposal by 1995, and 50% or the maximum amount feasible by the year 2000. The enactment of AB 939 and its prodigy has created an unique and sometimes difficult challenge for cities who now have the responsibility of developing and implementing an integrated waste management program capable of achieving a 25% reduction in the volume of waste disposed of in landfills by 1995. While this alone could be perceived as an insurmountable task under normal economic conditions, AB 939 requires cities to identify both the public and private sector costs of the proposed integrated waste management programs, the funding mechanisms that will be utilized to pay for them, and what contingency plans are available to accommodate changing economic conditions. Specifically, Section 41230 of the California Public Resources Code states that the City's funding component shall demonstrate the City's ability to generate sufficient revenues and allocate ample resources for planning, developing, and implementing the various programs identified in the SRRE. It is known that the impacts created by AB 939 have significant financial implications will that far exceed the City's available financial resources. To reduce the effects of this legislation, the City Council adopted an AB 939 Administrative Fee and has, as part of its solid waste permit system, shifted the primary responsibility for SRRE program development and implementation to its permitted waste haulers. In shifting the responsibility for programs such as public education and information; waste evaluations and technical assistance to nonresidential generators; monitoring and evaluation of programs; and other activities aimed at the reduction of solid waste, the City has in effect created a type of funding mechanism that demonstrates its ability to adequately implement the SRRE. Although the State Legislature has given local government broad authority to establish systems for solid waste collection and disposal services, there are no provisions under law whereby cities and counties may fully delegate their AB 939 compliance responsibilities to agents, contractors, or franchisees. Rather, cities and counties have the responsibility, as the principal agencies identified by law, to properly assure the implementation and coordination of the various source reduction and recycling programs. While private sector costs certainly represent the largest share of the known program costs, managing a contractual system with multiple contractors can be a labor intensive and costly task. This is especially evident in cities with limited staffing and financial resources. Furthermore, because a multiple contractor environment has the potential of creating dissimilarities in operations and accounting practices, the City has been forced to place a higher emphasis on program monitoring and evaluation to insure that each contractor is in compliance with the City's requirements and is making satisfactory progress toward meeting the City's waste diversion goals. Permit Administration The presence of the City's permitting system has had an unintended effect. Instead of an annual cost of implementation identified in the SRRE of $458,655 per year, the City's costs, which include both the capital costs and staff time involved in permit administration, SRRE program development, implementation, and monitoring and evaluation, are estimated to be about $110,000 a year (See Exhibit "Ali) . The City uses revenues generated from the AB 939 Administrative Fee not only to fund the development and implementation of AB 939 programs, but several staff positions, including the Assistant to the City Manager position (.50), Assistant City Manager position (.25), and Executive Secretarial position (.25) are funded through this fee as well. In addition, the City has retained the services of a qualified consulting firm, Charles Abbott Associates, to assist in solid waste planning, program development and implementation, monitoring and evaluation, and permit administration. Besides being potentially less expensive than a full-time employee, contracting for consultant services has had additional benefits that are not readily apparent. Specifically, the retention of a consultant, has enable staff to concentrate on other projects while still maintaining a high degree of control over the City's permitted haulers. This has resulted in the development of several key programs (e.g., waste audits, Christmas Tree recycling program, backyard composting) and a community -wide education and public information campaign. Program Monitoring and Evaluation To satisfy the requirements of AB 939 and its progeny, the City must demonstrate, through accurate, verifiable and defensible information, that it has complied with and/or has made satisfactory progress towards achieving a 25% reduction in the amount of wastes disposed of at landfill. Within the context of the City's permit system, a substantially different report tracking system has been implemented. It is staff's opinion that the diversion reporting and monitoring system that has been implemented has been one of the most cost- effective and useful methods of documenting compliance to the California Integrated Waste Management Board. Through the combined efforts of staff and the City's consultant, Charles Abbott Associates, the City has been able to statistically track diversion and waste disposal activities. Not only has this reduce the level of exhaustive monitoring and evaluation of programs that a multiple contractor system necessitates, without this approach the City would not have been able to document a diversion rate of,40%. Integrated Waste Management Fund To insure that local government had the ability to fund its waste management programs, the Legislature granted local agencies the authority to assess fees. Specifically, Section 41901 of the California Public Resources Code authorizes a city or county to impose fees in amounts sufficient to pay the costs of preparing, adopting, and implementing an integrated waste management plan. The City's integrated waste management activities are currently funded through the assessment of a AB 939 Administrative Fee of $.35 per household per month, $6.00 per commercial account per month, and $40.00 per containerized unit per month. Comparatively this fee structure is less than or equal to the fees charged by other cities. For example, Costa Mesa levies a flat charge of $0.75 per ton. This is equivalent to $1.87 per household per year or $0.16 per month. In Palos Verdes Estates, each household must pay a flat fee of $1.32 per month. The revenues generated by this fee are used by the City to implement a variety of integrated waste management programs. Covina collects a fee of $0.80 per cubic yard of waste as part of their collection program. A survey of five (5) cities in the East San Gabriel Valley indicates that on average these cities charge $0.98 per household per month to fund their AB 939 programs. Furthermore, according to a survey of fifteen (15) cities in Los Angeles County, the average monthly fee is $1.21. Even the City's SRRE estimates that to recover the costs associated with a curbside recycling program the City would be required to charge, at a minimum, $1.75 per household per month. Given the general similarity of the City's integrated waste management program to the cities indicated above, it is reasonable to argue that the City's fee structure is relatively conservative. The City has generated an estimated $22,388 in revenues as of November 1993. This is approximately $6,224 less than the same period of time last year. Based on last years figures, the City is projecting to raise about $78,000 in revenues this fiscal year to offset the City's anticipated costs of administering an integrated waste management program (See Exhibit "B"). Assuming the City's annual costs to be around $110,000, less capital expenses, it is quite obvious that the revenues derived from this source will be insufficient. Therefore, even with this fee, the City will need to utilize alternative sources of funding or raise the existing fee in order to effectively meet its state -mandated obligations. The repeal of this revenue source would severely jeopardize the City's ability to effectively meet its state mandated obligations. More importantly, the lack of a tangible funding source could be interpreted as technical noncompliance by the California Integrated Waste Management Board. Under State law, the Board may review the implementation of each source reduction and recycling element at least once every two years. If the Board finds that the City has failed to implement its element or show adequate financial resources to fund its solid waste programs, the Board may impose administrative civil penalties of up to ten thousand dollars ($10,000) per day until the city or county implements the element. Furthermore, section 41903 of the Yunllc Resources roue sr_a1_es that: No city or county shall export solid waste to any other jurisdiction unless the exporting city or county has, within one year following the date specified in Section 41791 or a later date established or permitted by the Board, an approved city source reduction and recycling element or countywide integrated waste management plan which have both been implemented. The existence of this fee has been the primary reason the City has achieved compliance with AB 939 without using an alternative funding source (e.g., General Fund). It has been through this fund that the City has prepared its SRRE and HHWE, coordinated and developed source reduction and recycling programs, implemented comprehensive public information and educational materials; and retained the services of a qualified consultant to administer the City's Solid Waste Permit System. Repealing the AB 939 Administrative Fee will not relieve the City of its state -mandated obligations and at this critical juncture could seriously undermine our integrated waste management program. Furthermore, the loss of this revenue source will require the use of an alternative funding source (e.g., the General Fund) to properly insure that the City is able to continue its integrated waste management programs. A lapse in any program could have serious implications on the City's ability to maintain existing diversion levels. Finally, the performance of this fee system has been remarkable. Given the predominant residential makeup of the community, about 90% of the City's diversion is directly associated to the implementation of programs in that sector. The fee attributable to residents accounts for $52,500 of the estimated $76,000 in revenues raised. Since it would appear that the City has a diversion rate of 40%, up from the base year rate of 13.6%, it can be argued that 90% of this increase, or 24% diversion occurred in the residential sector. Based on this analysis, the cost of each diversion point is about $2,000 or $20,000 over the lifetime of the City's AB 939 program. This is very significant, given that the estimated cost of each percentage point of diversion in other cities carries a price tag ranging from $100,000 to $1,000,000 over the life of the program. conclusions: It would appear from this assessment that the City's permit system and related AB 939 Administrative Fee have contributed to the overall success of the City's present diversion level, as well as significantly reduced the financial burden that these programs can have. Without this fee, the cost of administering the City's permit system and establishing an integrated waste management program, which is approximately $110,000 a year, would have to be funded through another source. In terms of existing diversion, the City appears to be at a level of 40%, which is significantly higher than the original estimate of 13.6% identified in the revised solid waste generation analysis. While this reduces the pressures of compliance, the City must continue its aggressive approach to insure the continued effectiveness of its efforts. Finally, staff would like to underscore that the City's solid waste permit system and corresponding fee structure have been given exemplary remarks from cities all over the country. In fact, the City's system has become a model for other communities and counties struggling with similar issues and problems. Prepared by: 43 QA Troy L Butzla f Assi t to t e y Manager Attachments LAHIBIT ' A" FUND DESCRIPTION: The Integrated Waste Management Fund was created during FY 90-91, to account for expenditures and revenues related to the activities involved with the City's efforts to comply with AB939. Revenues recorded in this fund are the recently adopted waste hauler permit fees. ESTIMATED RESOURCES: 2550 Reserve Fund Balance 3480 Waste Hauler Permits 3481 Application Fees 3482 AB939 Admin Fees 3483 Annual Fees 3610 Interest Revenue 71 TOTAL APPROPRIATIONS: 4099-0010 Salaries 4099-0070 City Paid Benefits 4099-0080 Benefits 4099-0083 Wkr's Comp Exp. 4099-0085 Medicare Exp. 4099-0090 Cafeteria Benefits 4515-1200 Dept. Supplies 4515-2110 Printing 4515-2320 Publications 4515-2340 Education & Training 4515-4000 Prof Svcs -JPA 4515-4500 Contract Services 4515-6230 Computer Equipment 2550 Reserve Fund Balance TOTAL PERSONNEL: Full Time: City Manager Asst to City Mgr Exec. Secretary Total Positions City Council Actuals Approved As of 11/30/93 $19,760 $19,760 10,000 78,000 22,388 2,000 344 211 $110,104 $42,359 52,420 9,735 570 71 8,250 1,295 510 120 760 141 6,000 1,137 1,000 1,500 250 42 1,500 25,000 4,610 5,000 7,344 25,208 $110,104 $42,359 .25 .50 .25 1.00 Exhibit 'B' INTEGRATED WASTE MANAGEMENT FUND PROJECTED REVENUES Fiscal Year 1993-94 Per Month Per Year NOTES: Current permit fees are illustrated by SHADING. -The number of accounts is based on information obtained through the Monthly Solid Waste Permit Caculation forret that are submitted by the permitted haulers. . -Assumes the number of accounts remain constant throughout the year. ESTIMATED ANNUAL PROJECTED PROJECTED TYPE OF SERVICE NUMBER OF ACCOUNTS* PERMIT FEE MONTHLY TOTAL YEARLY TOTAL** Per Subscriber _ A 5$ _ $4,375.00 5x0.00 Residential 12,500X 0.45 $5,625.00 $67,500.00 0.50 I $6,250.00 $75,000.00 0.60 $7,500.00 $90,000.00 0.65 $8,125.00 $97,500.00 0.70 0.75 $8,750.00 9 375.00 $105,000.00 112 500.00 Per Account x $s 00 = $1 320.00 $YS $4000 Commercial 220 $7.00 $8.00 $1,540.00 $1,760.00 $18,480.00 $21,120.00 (Includes Multifamily Residential) $9.00 $1,980.00 $23,760.00 $10.00 $2,200.00 $26,400.00 Per Unit Construction/Roll—Off 20 x : $4000 $800.00 $3 600.00 ! ItAl M aom nn $10 800 n0 Per Month Per Year NOTES: Current permit fees are illustrated by SHADING. -The number of accounts is based on information obtained through the Monthly Solid Waste Permit Caculation forret that are submitted by the permitted haulers. . -Assumes the number of accounts remain constant throughout the year. NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN by the City of Diamond Bar that, pursuant to California Government Code Section 66016, a public hearing will be held by the City Council on Tuesday, January 4, 1994, at 7:30 p.m., or as soon thereafter as the matter can be heard, in the South Coast Air Quality Management District Auditorium, 21865 E. Copley Dr., Diamond Bar, California for the purpose of discussing a proposal to repeal Resolution 90-102 which establishes a fee related to the implementation and administration of a source reduction and recycling program as required by Assembly Bill 939. ALL INTERESTED PERSONS are invited to attend said hearing and express opinions on the matter outlined above. Written comments regarding this matter may be submitted to the City Clerk's Office anytime prior to the hearing. FURTHER INFORMATION may be obtained by calling the City Clerk's Office at (909) 860- 2489. DATED: December 17, 1993 /s/ Lynda Burgess Lynda Burgess, City Clerk City of Diamond Bar Uf f y Vr O AMUND SAR AGENDA REPORT AGENDA NO.7• I TO: Terrence L. Belanger, City Manager MEETING DATE: January 4, 1994 REPORT DATE: December 23, 1993 FROM: George A. Wentz, Interim City Engineer TITLE: Landscaping Assessment District No. 38. SUMMARY: To determine whether or not the City should proceed with the detachment of a portion of the City, as shown on Exhibit A, from the citwide Landscaping Assessment District Number 38. RECOMMENDATION: In view of the fact that the benefits derived apply equally to all residents and parcels within the City, it is recommended that the City Council does not initiate the detachment proceedings for a portion of the City within Landscaping Assessment District Number 38. Furthermore, it is recommended that the City Council direct staff to begin the annual assessment proceedings in March of 1994 for Landscaping Assessment District Number 38. LIST OF ATTACHMENTS: X Staff Report _ Resolution(s) Other EXTERNAL DISTRIBUTION: _ Public Hearing Notification _ Bid Specification (on file in City Clerks Office) SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes X No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? _ Yes X No 4. Has the report been reviewed by a Commission? _ Yes X No Which Commission? 5. Are other departments affected by the report? _ Yes X No Report discussed with the following affected departments: REVIEWED BY: Teirence L. Bel er City Manager Frank M. Usher-"-- OA George A. Wentz Assistant City Manager Interim City Engineer CITY COUNCIL REPORT AGENDA NO. MEETING DATE: January 4, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Landscaping Assessment District Number 38 ISSUE STATEMENT Should the City proceed with the detachment of a portion of the City, as shown on Exhibit A, from the citywide Landscaping Assessment District Number 38? RECOMMENDATION: In view of the fact that the benefits derived apply equally to all residents and parcels within the City, it is recommended that the City Council does not initiate the detachment proceedings for a portion of the City within Landscaping Assessment District Number 38. Furthermore, it is recommended that the City Council direct staff to begin the annual assessment proceedings in March of 1994 for Landscaping Assessment District Number 38. FINANCIAL SUMMARY: Approximately $16,500 would be lost in revenues by detaching Area A. Additionally, if the detachment proceedings are proposed to be initiated and completed during FY 93-94, a $22,000 County service charge (at $20.00/parcel) will be incurred, with an estimated $10,000 assessment engineer (consultant) fee. BACKGROUND Prior to the incorporation of the City of Diamond Bar in 1989, Landscaping Assessment District Number 38 (LAD #38) was formed by the County. This district was intended to be a citywide district providing an annual program for the maintenance and installation of open space improvements, and was established to benefit all property owners. The primary benefits derived from the maintenance and installation of improvements are the beautification of open spaces (i.e. parkways and medians) which are used by all residents, and the general enhancement of the property values within the community. These benefits derived apply equally to all residents and parcels within the City and therefore, it was determined that all taxable parcels would receive the same net assessment within LAD #38. LAD #38 January 4, 1994 Page Two In general, the Landscaping and Lighting Act of 1972 (72 Act) allows local governments to assess benefiting properties for the installation and maintenance of public lighting and landscaping. The assessments are based on the estimated benefit to each parcel and not on property values. In these districts, properties are generally assessed equally, since they derive equal benefits. In 1992, it was determined that a portion of the City (as shown on Exhibit A) was not included in the citywide LAD 138. Pursuant to the provisions of the Landscaping and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California, the City initiated proceedings to annex those properties into LAD #38. It should be noted that during the annexation process, there was no majority protest received from the community. The area annexed was included within the corporate limits of the City of Diamond Bar during the incorporation process. The original district formed by the County included approximately 16,000 parcels and the annexed area included 1,100 additional parcels. The assessment within LAD #38 has been $15.00 per parcel since 1985. DISCUSSION LAD 13.8 provides much needed funds for maintenance and improvements in the City. Assessments collected have been as follows: PRIOR TO FY 1992-93: NUMBER OF PARCELS 16,000 ASSESSMENT PER PARCEL $15.00 BEGINNING FY 92-93 (ADDING 1,100 PARCELS): TOTAL ASSESSMENTS $240,000 NUMBER ASSESSMENT TOTAL OF PARCELS PER PARCEL ASSESSMENTS 17,100 $15.00 $256,500 LAD #38 January 4, 1994 Page Three The approved budget for FY 1993-94 is as follows: 1993-94 Recommended Budget REVENUE., Approx. Fund Balance 162,454 Prop. Tax & Assessments 256,500 Interest Revenue 2,000 TOTAL $420,954 APPROPRIATIONS: Personnel Services 35,500 Operating Expenses 81,000 Professional Services 10,000 Contract Services 41,500 Capital Improvements 252,954* TOTAL $420,954 *Note Capital Improvements include: Golden Springs Drive Medians From Gona Court to Westerly City Limits Detachment of Area A (1,100 parcels) from LAD #38 would reduce revenues by $16,500 per year based on the current assessment. The following are key issues that should be considered: 1. Should a portion of the City be excluded even though they benefit equally from the improvements. Findings that Area A receives less or no benefit must be established. 2. Should the capital improvements proposed for 1994 be modified if LAD #38 is changed. Golden Springs Drive medians from Gona Court to westerly City limits will need to be considered for deletion from the Capital Improvement Program if the detachment is finalized. 3. Should the current assessments be reduced due to dissolution, any funds collected would be transferred to the general fund per the code. LAD #38 January 4, 1994 Page Four 4. If any changes are requested to be made for current assessments levied, there is a service charge of $20 per parcel involved by the County Department of Auditor Controller. The following briefly describes the procedure for dissolution of a portion of the district and some options available to the City Council. 1. City Council adopts a Resolution Initiating Proceedings for the detachment and directs staff to prepare the Engineer's Report (optional step). la. If City Council adopts a Resolution Initiating Proceedings for the annual assessments of LAD #38 and directs staff to prepare the Engineer's Report, without the detachment. lb. Staff prepares the respective Engineer's Reports, if City Council adopts a Resolution Initiating Proceedings. 2. City Council adopts a Resolution of Intention to detach a portion of the City from LAD #38 and sets a date for public hearing(s) for discussion. 3. After the public hearing(s) are held, the City Council adopts appropriate resolutions to set the new assessments and to amend the district. The duration of the above mentioned procedure would be approxi- mately three to four months. Prepared By: David G. Liu ARE{ ANN (ARFF� SSESSMENT N0. 38 DND BAR OF PUBLIC WORKS EXHIBIT A Eim CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. 7 . Z TO: Terrence L. Belanger, City Manager MEETING DATE: January 4, 1994 REPORT DATE: December 20, 1993 FROM: James DeStefano, Community Development Director TITLE: Award of Contract for Building and Safety Services SUMMARY: In October the city concluded its relationship with a private consulting firm previously providing the City with municipal building and safety services. Concurrent with the employment of an interim building and safety staff the city prepared and distributed a Request for Proposal (RFP) to 15 consultant firms. Staff reviewed the 11 proposals received, conducted interviews with the 4 most qualified candidates, checked references and negotiated fees with the most capable consultant team. RECOMMENDATION: It is recommended that the City Council award a contract to D & J Engineering to provide Building and Safety services. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification Resolution(s) X Bid Specification (on file in City Clerks Office) X Other - Professional Services Agreement FINANCIAL SUMMARY: The costs for building and safety consultant services are reimbursed from revenue received from development. The consultant has proposed a compensation plan based upon 60% of the plan review/plan check and permit fees collected by the City. The City charges the "user" of building services a fee based upon the established City rates for development review, plans examination (checking), and inspection services. The revenue received from the development community is utilized to offset the costs of consultant services and city administrative overhead. Additional services outside the contemplated plan review, administration and inspection services shall be compensated based upon hourly rates with a range of $20 - $45 per hour. EXTERNAL DISTRIBUTION: None SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? 2. Does the report require a majority or 4/5 vote? 3. Has environmental impact been assessed? 4. Has the report been reviewed by a Commission? Which Commission? 5. Are other departments affected by the report? Report discussed with the following affected departments: REVIEWED BY: Terrencb L. Belang4 Frank Usher City Manager Assistant City Manager X Yes No MAJORITY N/A _Yes _ No N/A _Yes No Yes X No 9"KP Y&nes DeStefano Community Develo ent Director CITY COUNCIL REPORT AGENDA NO. MEETING DATE: January 4, 1994 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Award of contract for Building and Safety Services ISSUE STATEMENT: In October the city concluded its relationship with a private consulting firm previously providing the City with municipal building and safety services. Concurrent with the employment of an interim building and safety staff the city prepared and distributed a Request for Proposal (RFP) to 15 consultant firms. Staff reviewed the it proposals received, conducted interviews with the 4 most qualified candidates, checked references and negotiated fees with the most capable consultant team. RECOMMENDATION: It is recommended that the City Council award a contract to D & J Engineering to provide interim Building and Safety services. FINANCIAL SUMMARY: The costs for building and safety consultant services are reimbursed from revenue received from development. The consultant has proposed a compensation plan based upon 60% of the plan review/plan check and permit fees collected by the City. The City charges the "user" of building services a fee based upon the established City rates for development review, plans examination (checking), and inspection services. The revenue received from the development community is utilized to offset the costs of consultant services and city administrative overhead. Additional services outside the contemplated plan review, administration and inspection services shall be compensated based upon hourly rates with a range of $20 - $45 per hour. BACKGROUND: The City has engaged the services of a consulting firm to provide the City with municipal building and safety services since 1989. The City's relationship with the previous consultant came to an unexpected end in late October. In order to maintain the continuity of this public service, City staff established and employed a team of known professionals to serve as interim building and safety staff. A Request for Proposal (RFP) for Building and Safety Services has been prepared and distributed to 15 consultant firms. The RFP was advertised within a professional municipal consultant newsletter and the local newspapers. The staff of the Building and Safety Division are resonsible for the protection of public health and safety through the enforcement of various building codes. This division of the Community Development Department provides for building and safety plan checks, permit issuance, and inspection services to the public. D & J Engineering is a new municipal building and safety services consulting firm. The principal employees have provided building and safety services to the city over the past several years as employees of the prior consultant firm. The principals assigned to Diamond Bar have over 50 years of combined experience in the building and safety field. D & J proposes to provide the services requested primarily through the use of staff currently serving the city. Dennis Tarango, the city"s proposed Building Official, has provided service to the city in this capacity for over 4 years. Mr. Joe Buzzone, also a principal in the firm, has provided plan checking services to the city for the past two years. Mr. Michael Arellano, who is presently serving the city as a building inspector, is proposed as the primary building inspector. In addition, D & J Engineering will provide a full time counter technician to provide permit information to the public, record keeping and permit tracking. D & J Engineering proposes to provide full time building and safety services at highly competitive rates with an assigned team of staff known to the city as professionals with a demonstrated working knowledge and familiarity with our city. PREPARED BY: James DeStefano Community Development Director attachment: Professional Service Agreement Request for Proposal D & J Proposal PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into this 4th day of January, 19941 between the City of Diamond Bar, a Municipal Corporation (hereinafter referred to as "CITY") and D & J Engineering (hereinafter referred to as "CONSULTANT"). A. Recitals. (i) CITY has heretofore issued its Request for Proposal pertaining to the performance of professional services with respect to Buildina & Safety Services ("Project" hereafter) and by this reference made a part hereof. (ii) CONSULTANT has now submitted its proposal for the performance of such services, a full, true and correct copy of which is attached hereto as Exhibit "A" and "B" and by this reference made a part hereof. (iii) CITY desires to retain CONSULTANT to perform professional services necessary to render advice and assistance to CITY, CITY's City Council and staff on an as -needed basis. (iv) CONSULTANT represents that it is qualified to perform such services and is willing to perform such professional services as hereinafter defined. NOW, THEREFORE, it is agreed by and between CITY and CONSULTANT as follows: 1 B. Agreement. l.. Definitions: The following definitions shall apply to the following terms, except where the context of this Agreement otherwise requires: (a) Project: The performance of professional services with respect to the administration of the City's Building & Safety Services described in Exhibit "A" hereto and by this reference made a part hereof. (b) Services: Such professional services as described in Exhibit "B" hereto including, but not limited to, the preparation of procedures, studies, surveys, reports, plans, and other documents, the presentation, both oral and in writing, of such procedures, studies, surveys, reports, plans, and other documents to CITY as required and attendance at any and all work sessions, public hearings and other meetings conducted by CITY with respect to the Project, except as may be otherwise limited in Exhibit "B". (c) Completion of Project: The date of completion of all phases of the Project, including any and all procedures, development plans, maps, surveys, plan documents, technical reports, meetings, oral presentations and attendance by CONSULTANT at public hearings regarding the adoption of project as set forth in Exhibit "A" and "B" hereto. 2. CONSULTANT agrees as follows: (a) CONSULTANT shall forthwith undertake and complete the project in accordance with Exhibit "A" and "B" hereto and all in accordance with Federal, State and CITY statues, 2 regulations, ordinances and guidelines, and professional standards, all to the reasonable satisfaction of CITY. (b) CONSULTANT shall supply copies of all maps, surveys, reports, plans and documents (hereinafter collectively referred to as "documents") including all supplemental technical documents, as described in Exhibits "A" and "B" to CITY within the time specified in Schedule of work in Exhibit "A". Copies of the documents shall be in such numbers as are required by Exhibit "A". CITY may thereafter review and forward to CONSULTANT comments regarding said documents and CONSULTANT shall thereafter make such revisions to said documents as are deemed necessary. CITY shall receive revised documents in such form and in the quantities determined necessary by CITY. The time limits set forth pursuant to this Section B2. (b) may be extended upon written approval of CITY. (c) CONSULTANT shall, at CONSULTANT's sole cost and expense, secure and hire such other persons as may, in the opinion Of CONSULTANT, be necessary to comply with the terms of this Agreement. In the event any such other persons are retained by CONSULTANT, CONSULTANT hereby warrants that such persons shall be fully qualified to perform services required hereunder. CONSULTANT further agrees that no subcontractor shall be retained by CONSULTANT except upon the prior written approval of CITY. 3. CITY agrees as follows: (a) To pay CONSULTANT a maximum sum of per Exhibit "A" for the performance of the services required hereunder. This sum shall cover the cost of all staff time and all other direct and 3 indirect costs or fees, including the work of employees, consultants and subcontractors to CONSULTANT. Payment to CONSULTANT, by CITY, shall be made in accordance with the schedule set forth below. (b) Payments to CONSULTANT shall be made by CITY in accordance with the invoices submitted by CONSULTANT, on a monthly basis, and such invoices shall be paid within a reasonable time after said invoices are received by CITY. All charges shall be in accordance with CONSULTANT's proposal either with respect to hourly rates or lump sum amounts for individual tasks. (c) CONSULTANT agrees that, in no event, shall CITY be required to pay to CONSULTANT any sum in excess of 95% of the maximum payable hereunder prior to receipt by CITY of all final documents, together with all supplemental technical documents, as described herein acceptable in form and content to CITY. Final payment shall be made not later than 60 days after presentation of final documents and acceptance thereof by CITY. (d) Additional services: Payments for additional services requested, in writing, by CITY, and not included in CONSULTANT's proposal as set forth in Exhibit "B" hereof, shall be paid on a time -and -materials reimbursement basis in accordance with the fee schedule set forth in said Exhibit "B". Charges for additional services shall be invoiced on a monthly basis and shall be paid by CITY within a reasonable time after said invoices are received by CITY. 4 4. CITY agrees to provide to CONSULTANT: (a) Information and assistance as set forth in Exhibit "A" and "B" hereto. (b) Photographically reproducible copies of maps and other information, if available, which CONSULTANT considers necessary in order to complete the Project. (c) Such information as is generally available from CITY files applicable to the Project. (d) Assistance, if necessary, in obtaining information from other governmental agencies and/or private parties. However, it shall be CONSULTANT's responsibility to make all initial contact with respect to the gathering of such information. 5. Ownership of Documents: All documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by CONSULTANT pursuant to this Agreement shall be considered the property Of CITY and, upon payment for services performed by CONSULTANT, such documents and other identified materials shall be delivered to CITY by CONSULTANT. CONSULTANT may, however, make and retain such copies of said documents and materials as CONSULTANT may desire. 6. Termination: This Agreement may be terminated by CITY upon the giving of a written "Notice of Termination" to CONSULTANT at least fifteen (15) days prior to the date of termination specified in said Notice. In the event this Agreement is so terminated, CONSULTANT shall be compensated at CONSULTANT's applicable hourly rates as set forth in Exhibit "B", on a pro -rata 5 basis with respect to the percentage of the Project completed as of the date of termination. In no event, however, shall CONSULTANT receive more than the maximum specified in paragraph 3(a), above. CONSULTANT shall provide to CITY any and all documents, data, studies, surveys, drawings, maps, models, photographs and reports, whether in draft or final form, prepared by CONSULTANT as of the date of termination. CONSULTANT may not terminate this Agreement except for cause. 7. Notices and Designated Representatives: Any and all notices, demands, invoices and written communications between the parties hereto shall be addressed as set forth in this paragraph 7. The below named individuals, furthermore, shall be those persons primarily responsible for the performance by the parties under this Agreement: Terrence Belanger Dennis Tarango City of Diamond Bar D & J Engineering 21660 E. Copley Dr., Ste. 190 2362 So. Robert Road Diamond Bar, CA 91765 Rowland Heights, CA 91748 Any such notices, demands, invoices and written communications, by mail, shall be deemed to have been received by the addressee forty-eight (48) hours after deposit thereof in the United States mail, postage prepaid and properly addressed as set forth above. 8. Insurance: CONSULTANT shall neither commence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to CITY nor shall CONSULTANT allow any subcontractor to commence work on a subcontract until all insurance required of the subcontractor has been obtained. CONSULTANT shall take out and maintain at all time 6 during the term of this Agreement the following policies of insurance: (a) Workers' Com ensation Insurance: Before beginning work, CONSULTANT shall furnish to CITY a certificate of insurance as proof that it has taken out full workers' compensation insurance for all persons whom it may employ directly or through subcontractors in carrying out the work specified herein, in accordance with the laws of the State of California. In accordance with the provisions of California Labor Code Section 3700, every employer shall secure the payment of compensation to his employees. CONSULTANT prior to commencing work, shall sign and file with CITY a certification as follows: "I am aware of the provisions of Section 3700 of Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Agreement" (b) Public Liability and Property Damage: Throughout the term of this Agreement, at CONSULTANT's sole cost and expense, CONSULTANT shall keep, or cause to be kept, in full force and effect, for the mutual benefit of CITY and CONSULTANT, comprehensive, broad form, general public liability and automobile insurance against claims and liabilities for personal injury, death, or property damage arising from CONSULTANT's activities, providing protection of at least One Million Dollars 7 ($1,000,000.00) for property damage, bodily injury or death to any one person or for any one accident or occurrence and at least One Million Dollars ($1,000,000.00) aggregate. (c) Errors and Omissions: CONSULTANT shall take out and maintain at all times during the life of this Agreement, a policy or policies of insurance concerning errors and aomissions ("malpractice") providing protection of at least _51,000,000 for errors and omissions ("malpractice") with respect to loss arising from actions of CONSULTANT performing services hereunder on behalf Of CITY. (d) General Insurance Requirements: All insurance required by express provision of this Agreement shall be carried only in responsible insurance companies licensed to do business in the State of California and policies required under paragraphs 8.(a) and (b) shall name as additional insureds CITY, its elected officials, officers, employees, agents and representatives. All Policies shall contain language, to the effect that: (1) the insurer waives the right of subrogation against CITY and CITY's elected officials, officers, employees, agents and representatives; (2) the policies are primary and noncontributing with any insurance that may be carried by CITY; and (3) they cannot be canceled or materially changed except after thirty (30) days' notice by the insurer to CITY by certified mail. CONSULTANT shall furnish CITY with copies of all such policies promptly upon receipt of them, or certificate evidencing the insurance. CONSULTANT may effect for its own account insurance not required under this Agreement. 9. Indemnification: CONSULTANT shall defend, indemnify 8 and save harmless CITY, its elected and appointed officials, officers, agents and employees, from all liability from loss, damage or injury to persons or property, including the payment by CONSULTANT of any and all legal costs and attorneys, fees, in any manner arising out of the acts and/or omissions of CONSULTANT pursuant to this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by law. 10. Assignment: No assignment of this Agreement or of any part or obligation of performance hereunder shall be made, either in whole or in part, by CONSULTANT without the prior written consent of CITY. 11. Damages: In the event that CONSULTANT fails to submit to CITY the completed project, together with all documents and supplemental material required hereunder, in public hearing form to the reasonable satisfaction of CITY, within the time set forth herein, or as may be extended by written consent of the parties hereto, CONSULTANT shall pay to CITY, as liquidated damages and not as a penalty, the sum of one hundred dollars [Sion 00) per day for each day CONSULTANT is in default, which sum represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses that might result from such a default in performance by CONSULTANT, and due to the difficulty which would otherwise occur in establishing actual damages resulting from such default, unless said default is caused by CITY or by acts of God, acts of the public enemy, fire, floods, epidemics, or quarantine restrictions. 12. Independent Contractor: .The parties hereto agree 9 that CONSULTANT and its employers, officers and agents are independent contractors under this Agreement and shall not be construed for any purpose to be employees of CITY. 13. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California. 14. Attorney's Fees: In the event any legal proceeding is instituted to enforce any term or provision of the Agreement, the prevailing party in said legal proceeding shall be entitled to recover attorneys, fees and costs from the opposing party in an amount determined by the court to be reasonable. 15. Mediation: Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, shall be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the costs and expenses thereof shall be borne equally by the parties hereto. In the event the parties are unable to mutually agree upon the mediator to be selected hereunder, the City Council shall select such a neutral, third party mediation service and the City Councilfs decision shall be final. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that referral of any such dispute or controversy, and mutual good faith efforts to resolve the same thereby, shall be conditions precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 10 16. Entire Agreement: This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the subject matter herein. Each party to this Agreement acknowledges that no representation by any party which is not embodied herein nor any other agreement, statement, or promise not contained in this Agreement shall be valid and binding. Any modification of this Agreement shall be effective only if it is in writing signed by all parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first set forth above: ATTEST: CONSULTANT J CITY OF DIAMOND BAR City Manager City Clerk 11 AGENDA ITEM NO. 8.1 NO DOCUMENTATION AVAILABLE City of Diamond Bar Meeting Agenda For PRIVATE January 4, 1994 1. CALL TO ORDER: 7:00 P.M. PLEDGE OF ALLEGIANCE: MAYOR WERNER DRAFT Wednesday: December 22, 1993 Page: 1 ROLL CALL: COUNCILMEMBERS ANSARI, PAPEN, MILLER, MAYOR PRO TEM Harmony, Mayor Werner 2. PUBLIC COMMENTS: 3. COUNCIL COMMENTS: 4. SCHEDULE OF FUTURE EVENTS: 4.1 PLANNING COMMISSION MEETING - JANUARY 10, 1994 - 7:00 P.M., AQMD Auditorium, 21865 E. Copley Dr. 4.2 TRAFFIC & TRANSPORTATION COMMISSION - JANUARY 13, 1994 - 6:30 P.M., AQMD Hearing Room, 21865 E. Copley Dr. 4.3 CITY COUNCIL MEETING - JANUARY 18, 1994 - 7:00 P.M., AQMD Auditorium, 21865 E. Copley Dr. fr �� C; tl r j. _a � N f.., � , • " 5. CONSENT CALENDAR: 5.1 APPROVAL OF MINUTES - REGULAR MEETING OF DECEMBER 7, 1993 - Approve as submitted. 5.2 WARRANT REGISTER: APPROVE WARRANT REGISTER DATED JANUARY 4, 1994 in the amount of $741,806.23. ,,,-!Er.3 TREASURER'S REPORT - RECEIVE AND FILE TREASURER'S REPORT FOR Month of November 1993. -2--.4 TRANSMITTAL OF FINAL AUDIT REPORTS FOR YEAR END JUNE 30, 1993 The accounting firm of Thomas, Bigbie & Smith has been retained as auditors for the City. In conjunction with this service, final audit reports for FY 92-93 have been prepared and are being transmitted. There were no material items of concern noted in the course of the audit; therefore, no Management Letter was received for the 1992-93 fiscal year. Recommended Action: Receive and file the Final Audit Reports for FY 92-93 as prepared by Thomas, Bigbie & Smith. BOND EXONERATION - GRADING CASH BOND - 2743 ROCKY TRAIL - The City desires to exonerate the surety cash bond posted for grading located at 2743 Rocky Trail Road in the amount of $1,206. The owners, EMK Enterprises, Inc., have now decided not to construct at this address. Recommended Action: It is recommended that the City Council release the surety cash bond posted in July 1992 for single family residence grading at 2743 Rocky Trail Road in the amount of $1,206. It is further recommended tha the City City of Diamond Bar Wednesday: December 22, 1993 Meeting Agenda For Page: 2 PRIVATE January 4, 1994 5.5 BOND EXONERATION - GRADING CASH BOND - 2743 ROCKY TRAIL - Clerk be directed to notify EMK Enterprises, Inc. and Coast Federal Bank of the city Council's action. 6. PUBLIC HEARINGSj"i 6.1 SOUTH POINTE MASTER PLAN - Recommended Action: 4� 7. 7.1 � 40M RESCISSION OF $.35 RECYCLING FEE AND 4e) y4u) 4n 4"b@ermTY 8. ANNOUNCEMENTS: 9. CLOSED SESSION: MAY CONVENE TO CONSDER: MATTERS OF PENDING Litigation (G.C. 54956.9). 10. ADJOURNMENT: FTst F4R i t NG CMINNN ---1 , ANO $y : DINING H ;THE ROOM SEOU i�iRE OTN; Xt7U1 PERM$SSIO�# T BE I'ELEVISEd. Next Resolution No. 94-1 Next Ordinance No. 01 (1994) 1. CALL TO ORDER: 7:00 P.M. PLEDGE OF ALLEGIANCE: Mayor Werner ROLL CALL: Councilmembers Ansari, Papen, Miller, Mayor Pro Tem Harmony, Mayor Werner 2. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Please complete a Speaker's Card and give it to Council. 3. COUNCIL COMMENTS: Items raised by individual Council - members are for Council discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. 4. SCHEDULE OF FUTURE EXTENTS: 4.1 Planning Commission Meeting - January 10, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 4.2 Traffic & Transportation Commission - January 13, 1994 - 6:30 p.m., AQMD Hearing Room, 21865 E. Copley Dr. 4.3 City Council Meeting - January 18, 1994 - 7:00 p.m., AQMD Auditorium, 21865 E. Copley Dr. 4.4 Public Workshop Concerning Development of Pantera Park - January 13, 1994 - 7:00 p.m., Heritage Park Community Center, 2900 S. Brea Canyon Rd. 5. CONSENT CALENDAR: 5.1 APPROVAL OF MINUTES - Regular Meeting of December 7, 1993 - Approve as submitted. 5.2 WARRANT REGISTER - Approve Warrant Register dated January 4, 1994 in the amount of $741,806.23. JANUARY 4, 1994 PAGE 2 5.3 TREASURER'S REPORT - Receive and file Treasurer's Report for Month of November 1993. 5.4 TRANSMITTAL OF FINAL AUDIT REPORTS FOR YEAR END JUNE 30, 1993 - The accounting firm of Thomas, Bigbie & Smith has been retained as auditors for the City. In conjunction with this service, final audit reports for FY 92-93 have been prepared and are being transmitted. There were no material items of concern noted in the course of the audit; therefore, no Management Letter was received for the 1992-93 fiscal year. Recommended Action: Receive and file the Final Audit Reports for FY 92-93 as prepared by Thomas, Bigbie & Smith. 5.5 BOND EXONERATION - Grading Cash Bond - 2743 Rocky Trail - The City desires to exonerate the surety cash bond posted for grading located at 2743 Rocky Trail Road in the amount of $1,206.. The owners, EMK Enterprises, Inc., have now decided not to construct at this address. Recommended Action: It is recommended that the City Council release the surety cash bond posted in July 1992 for single family residence grading at 2743 Rocky Trail Road in the amount of $1,206. It is further recommended that the City Clerk be directed to notify EMK Enterprises, Inc. and Coast Federal Bank of the City Council's action. 5.6 BOND EXONERATION - GRADING CASH SURETY BOND - 2521 BRAIDED MANE DR. - The City desires to exonerate the surety cash bond posted for grading located at 2521 Braided Mane Dr. in the amount of $27,076. Rough grading has been approved. Recommended Action: It is recommended that the City Council approve and accept the completed work and exonerate the surety cash bond posted in August 1991 for single family residence grading at 2521 Braided Mane Dr. in the amount of $27,076. It is further recommended that the City Clerk be directed to notify Gary Miller and Home Federal Bank of the City Council's action. 5.7 CERTIFICATE OF EXAMINATION - REFERENDUM PETITION - On August 24, 1993, a referendum petition consisting of 436 sections and containing 4,116 signatures was presented to the City Clerk for filing. Pursuant to a Writ of Mandate issued by the Court, the petitions were transmitted to the Los Angeles County Registrar- Recorder/County Clerk for signature verification. The Registrar -Recorder completed her examination of the JANUARY 4, 1994 PAGE 3 petitions on December 16, 1993 and certified that 3,189 signatures were valid. The petitions are now deemed qualified sjre 2,650 signatures were necessary. Recommended Action: Receive and file Certificate of Examination and the accompanying signature verification report provided by the Los Angeles County Registrar- Recorder/County Clerk. 6. PUBLIC HEARINGS: 6.1 DEVELOPMENT AGREEMENT NOS. 92-1 AND 2; VESTING TENTATIVE TRACT MAP NO. 51407, CONDITIONAL USE PERMIT NO. 92-8 AND OAK TREE PERMIT NO. 92-8; VESTING TENTATIVE TRACT NO. 32400, CONDITIONAL USE PERMIT NO. 91-5, AND OAK TREE PERMIT NO. 92-3; TENTATIVE TRACT MAP NO. 51253 AND CONDITIONAL USE PERMIT NO. 92-12; OAK TREE PERMIT NO. 92- 9; THE SOUTH POINTE MASTER PLAN; AND ENVIRONMENTAL IMPACT REPORT NO. 92-1 continued from November 16, 1993 - The proposed project involves a request for several discretionary land use permits. As a result of the City Council's action of December 14 to repeal Resolution No. 93-58 which adopted the General Plan, the City finds itself without a basis for decision making regarding the City's long-term physical development. Recommended Action: It is recommended that the project be tabled until the adoption of the General Plan. 6.2 CONSIDERATION OF RECISION OF AB939 ADMINISTRATIVE FEE - The City's integrated waste management activities are currently funded through the assessment of an AB 939 Administrative Fee of $0.35 per household per month, $6.00 per commercial account per month, and $40.00 pre containerized unit per month. Based on last years figures, the City is projecting to raise about $78,000 in revenues this fiscal year to offset the City's anticipated costs of administering the City's solid waste permit system and integrated waste management programs. The City Council, at their December 14 meeting directed staff to evaluate the reasonableness and effectiveness of this fee in order to support its continuance. Recommended Action: Retain the existing AB 939 Administrative Fee and direct staff to explore possible funding alternatives, as part of the 1994-95 budget process and develop recommendations for the Council's consideration. JANUARY 4, 1994 7. 8. 9. NEW BUSINESS: PAGE 4 7.1 CONSIDERATION OF DETACHMENT FROM LAD 38 - To Determine Whether not the City should proceed with the detachment of a portion of the City, as shown on Exhibit A, from the citywide Landscaping Assessment District No. 38. Recommended Action: In view of the fact that the benefits derived apply equally to all residents and parcels within the City, it is recommended that Council not initiate the detachment proceedings for a portion of the City within L.A.D. No. 38. Furthermore, it is recommended that the Council direct staff to begin the annual assessment proceedings in March of 1994 for L.A.D. No. 38. 7.2 AWARD OF CONTRACT FOR BUILDING AND SAFETY SERVICES - In October, the City concluded its relationship with a private consulting firm previously providing the City with municipal building and safety services. Concurrent with the employment of an interim building and safety staff the City prepared and distributed a Request for Proposal (RFP) to 15 consultant firms. Staff reviewed the 11 proposals received, conducted interviews with the 4 most qualified candidates, checked references and negotiated fees with the most capable consultant team. Recommended Action: Award a contract to D & J Engineering to provide Building and Safety services. ANNOUNCEMENTS: CLOSED SESSION: May Convene to Consider: Matters of Pending Litigation (G.C. 54956.9). 10. ADJOURNMENT: WHAT IS BASIS OF DETERMINATION FOR CURRENT DIVERSION RATE? • Base line year 1990 diversion rate of 13.6%, revised upwards from 9.7% diversion measured during 1991 initial study • Initial study did not completely measure all diversion nor disposal tonnage • Due to additional green waste and horse manure found in the waste stream, waste generation increased about 5% • Law now provides that we measure compliance by how much is disposed • City cannot dispose in 1995 more than 75% of what was generated in 1990; our revised generation estimate has increased our threshold by 5% • Horse manure contributes to the overall waste generation, but has an insignificant impact upon diversion ISSUES RELATED TO MEETING THE AB 939 MANDATES • Newly found diversion and disposal has increased the base line by 5%, however, CIWMB must still approve figures • We still lack an approved method for factoring in economic and population effects upon compliance determination • 1992 was not 1995, and has no bearing on compliance • 1992 was a drought year, and experienced severe economic dislocation so waste may have been less than normal WHERE ARE WE WITH RESPECT TO COMPLIANCE WITH AB 939? • The base line data has been analyzed for omissions and data flaws • New diversion and disposal was uncovered to develop new waste generation baseline • Hauler reported disposal tonnage for 1992 as part of the AB 939 monitoring program • Maximum amount of disposal tonnage for 1995 was calculated and compared to 1992 disposal tonnage • City is below the maximum threshold for disposal for 1995, or between 30 to 40% diversion • This is just a window to see where we are with respect to the mandate -- this could change if we are not vigilant during the next two years • We must continue to implement the SRRE to remain in compliance with AB 939 WHAT WILL THE AB 939 FEE PROVIDE THIS YEAR FOR IMPLEMENTATION? Administrative: • Provide for development and submission of the Nondisposal Facility Element due January 31, 1994, to the Local Task Force, and April 30, 1994, to the CIWMB • Provide for submission of the City's SRRE on April 30, 1994 pursuant to AB 440, and to respond to any technical issues • Provide for response to any Notice of Deficiency related to the SRRE Programmatic: • Provide for a residential sector SRR program • Provide for a commercial sector SRR program • Provide for continued monitoring, recordkeeping, reporting and evaluation WHAT ARE THE SPECIFICS OF THESE PROGRAMS (wl diversion rates)? • Monitoring, recordkeeping, reporting, and evaluation: - Make sure haulers are implementing programs for which they have responsibility; - compile data on diversion progress; - prepare 'stats' to refute any disposal tonnage arbitrarily assigned to the City by County WHAT ARE THE SPECIFICS OF THESE PROGRAMS (w/ diversion rates)? • Residential Sector Program: - implement multifamily recycling (1.1%); - study and decide on variable rates; - set up demonstration backyard composting (0.4%); - expand the curbside material mix to clean greens (3%); - self -haul for gardeners of clean greens (3%); - outreach and public education (0.6%); - used tires and white goods (0.7%); and - HHWE implementation - monitor and guide hauler activities WHAT ARE THE SPECIFICS OF THESE PROGRAMS (w/ diversion rates)? • Commercial Sector Program: - business recycling programs (4%); - technical assistance to firms; - procurement and nonprocurement practices (0.5%); - waste audits and representative waste auditing training for businesses (0.7%); - waste reduction plans by businesses (0.5%); - market development; - building code revisions (0.1%); - education and workshops (0.1%); - self haul for clean greens (1%); and - C/D debris policy (2.3%) LAW OFFICES MICHAEL B. MONTGOMERY A LAW CORPORATION 13200 CROSSROADS PARKWAY NORTH SUITE 350 CITY OF INDUSTRY, CALIFORNIA 81740 TELEPHONE (310) 80&1850 FACSIMILE (310) 80&1854 ALSO ADMITTED TO FLORIDA January 4, 1994 AND HAWAII STATE BARS BY FACSDGLE AND U.S. MAIL (916) 323-2675 Robert Cervantes Chief, Planning Unit Governor's Office of Planning and Research 1400 10th Street Sacramento, Ca. 95814 Re: City of Diamond Bar General Plan, Request for Extension Dear Mr. Cervantes: OF COUNSEL MATTHEW C. BISHOP ALAN R. BURNS' JOHN ROBERT HARPER' NAPA COUNTY OFFICE 1475 FOURTH STREET NAPA, CALIFORNIA 84550 (707) 258.8080 ORANGE COUNTY OFFICE 453 S. GLASSELL STREET ORANGE, CAUFORNIA 82000 (714) 771-7728 -pROFESWNAL CORPORATIONS WENDY D. DAWER The purpose of this letter is to follow up on our telephone conversation today, wherein you indicated that OPR would review a request by the City of Diamond Bar for an additional extension of time for the preparation and adoption of a general plan, in order that it may adopt or re -adopt discretionary land use decisions in contemplation of the draft general plan. The City is aware that on September 17, 1992, your office denied its last request for an extension. However, referring to Government Code §65361, an additional extension would now be requested upon a change of circumstances occurring subsequent to that application, pursuant to subdivision (a)(6). As your department knows, a prior City Council adopted two successive general plans after the 30 -month automatic extension after incorporation had expired.' After successful referendum petitions were filed, both general plan resolutions were repealed. The present Council, through its Mayor, has stated that it intends to adopt a general plan within the next 90 days, that will adequately meet and satisfy the concerns of the proponents of the two referendum petition drives. As to hardship, while there was no general plan, certain 1 July 27, 1992; July 27, 1993. LAW OFFICES MICHAEL B. MONTGOMERY Robert Cervantes, Chief Planning Unit Diamond Bar General Plan Extension January 4, 1994 Page 2 discretionary use approvals were purportedly granted, upon the belief by all that the City Council had jurisdiction to do so. The City's purpose in requesting the extension would be to reconsider, and re -validate where appropriate, certain land use approvals that occurred during the non -jurisdictional hiatus. Pending major developments are being asked to wait until a valid general plan has been adopted. Realizing that a resolution of the City Council, after public hearing, is required, this letter is to advise you that the City may well be applying for such extension after its next Council meeting, and any steps that you may take to put the approval process into motion at this time would be appreciated. Very truly yours, MICHAEL B. MONTGO Interim City Attor y MBM/pp cc: Mayor, and Council, City of Diamond Bar City Manager Director of Community Development LAW OFFICES MICHAEL B. MONTGOMERY A LAW CORPORATION 13200 CROSSROADS PARKWAY NORTH SUITE 350 CITY OF INDUSTRY, CALIFORNIA 91748 TELEPHONE (310) 90&1850 FACSIMILE (310) 908.1864 ALSO ADMITTED TO FLORIDA January 4, 1994 AND HAWAII STATE BARS BY FACSMLE AND U.S. MAIL (916) 323-2675 Robert Cervantes Chief, Planning Unit Governor's Office of Planning and Research 1400 10th Street Sacramento, Ca. 95814 Re: City of Diamond Bar General Plan, Request for Extension Dear Mr. Cervantes: OF COUNSEL MATTHEW C. BISHOP ALAN R. BURNS' JOHN ROBERT HARPER' NAPA COUNTY OFFICE 1475 FOURTH STREET NAPA, CALIFORNIA 94550 (707) 258-8000 ORANGE COUNTY OFFICE 453 S. GLASSELL STREET ORANGE, CALIFORNIA 02888 (714) 771-7728 'PROFESKMAL CORPOPAnONS The purpose of this letter is to follow up on our telephone conversation today, wherein you indicated that OPR would review a request by the City of Diamond Bar for an additional extension of time for the preparation and adoption of a general plan, in order that it may adopt or re -adopt discretionary land use decisions in contemplation of the draft general plan. The City is aware that on September 17, 1992, your office denied its last request for an extension. However, referring to Government Code §65361, an additional extension would now be requested upon a change of circumstances occurring subsequent to that application, pursuant to subdivision (a)(6). As your department knows, a prior City Council adopted two successive general plans after the 30 -month automatic extension after incorporation had expired.' After successful referendum petitions were filed, both general plan resolutions were repealed. The present Council, through its Mayor, has stated that it intends to adopt a general plan within the next 90 days, that will adequately meet and satisfy the concerns of the proponents of the two referendum petition drives. As to hardship, while there was no general plan, certain 1 July 27, 1992; July 27, 1993. LAW OFFICES MICHAEL B. MONTGOMERY Robert Cervantes, Chief Planning Unit Diamond Bar General Plan Extension January 4, 1994 Page 2 discretionary use approvals were purportedly granted, upon the belief by all that the City Council had jurisdiction to do so. The City's purpose in requesting the extension would be to reconsider, and re -validate where appropriate, certain land use approvals that occurred during the non -jurisdictional hiatus. Pending major developments are being asked to wait until a valid general plan has been adopted. Realizing that a resolution of the City Council, after public hearing, is required, this letter is to advise you that the City may well be applying for such extension after its next Council meeting, and any steps that you may take to put the approval process into motion at this time would be appreciated. Very truly yours, MICHAEL B . MONTGOIyJI�' Interim City Attor y MBM/pp cc: Mayor, and Council, City of Diamond Bar City Manager Director of Community Development MEMORANDUM To: Mayor, Members of the City Council From: Interim City Attorney Re: Crowley Tract - Date: December 30, 1993 On December 24, 1993, representative of the Crowley Development requested grading and/or permits from the City. Because of my prior opinion that the City had no jurisdiction to grant a discretionary land use at the time the Crowley tentative map was approved, and after much discussion with Crowley, his attorney, and City staff, I prepared an agreement that would allow Dr. Crowley to Pull permits, with knowledge of the contents of Ordinance No. 4, the Judge Smallwood decision, and the OPR letter. A copy of that document is attached hereto. The point of the document is that, if Dr. Crowley wishes to rely upon the language of the court judgment that "Ordinance No. 4 remain in full force and effect", the City would issue the permits, but a release would be executed in case a third party sued to annul the development. It would not be appropriate for the City to agree, either expressly or by inaction, to defend an act which itself disputes. This procedure has been deemed unsatisfactory by Dr. Crowley. He advised staff that his bank wants some certainty of regularity. Based upon conversations with Dr. Crowley and the City Manager, and the Mayor, on December 28, the following alternatives were discussed: 1. Dr. Crowley would raise the issue at public comment section, where he may request that the City Council overrule the City Attorney's opinion and order the permits issued without the signing of a release, or 2. That the final map be granted as soon as it is ready, since the final map is a ministerial act, not a discretionary act, and would be as good or bad, and no different, than the tentative map approval, or 3. Dr. Crowley's attorneys would file a writ of mandate to order issuance of the building permits. I advised Dr. Crowley that if he wanted to proceed that way, the City would file its response immediately so that a final decision could be reached either that day or two or three days maximum, depending upon how quickly the law and motion judge in Pomona would agree to hear it. If both sides waive right of appeal, it is possible to have such a determination in as short a time as one day. RECOMMENDATIONS. That the permits not be issued without a release of liability in favor of the City, that the final be issued as soon as the applicant is ready, and that the City Attorney be instructed to cooperate in an expedited writ proceeding if that is the developer's election. Attachment cc: City Manager I—Itity Clerk Building Department LAW OFFICES # of pages ► TO Fr r" MICHAEL B. MONTGOMERY Co. A LAW CORPORATION Phage # Fax _ _ Fax # 13200 CROSSROADS PARKWAY NORTH t�. OF COUNSEL, SUITE 350,;, t� „R : �` � •,M ;,�7� MATTH BISiiOp - CITY OF INDUSTRY, CALIFORNIA 01748 ALAN "URNS' TELEPHONE (310) 00!}1850 JOHN ROBERT HARPER FACSIMILE (310) 008-1854 , -' - -jam'.• NAPA COUNTY OFFICE 1475 FOURTH STREET, t ALSO ADMITTED TO FLORIDA NAPA, CAUFOEINIA 04568) AND HAWAII STATE BARS _ (707) 258-0000 �1 -il ORANGE COUWY OF To: (Building Permit Applicant) 453 S. G L STREtto ORANGEE,, CALIFORNIARN Re: (Project Description) ' /�L 02W (714)771-7728 t _ Date: �5� �� _ _> 1 }_ 'PROFESSx)NAL CORPORATIONS WENDY D. DAWER You have applied for a (grading) (building) permit for the above - entitled project. Your project was approved during a period of time when the City Council may or may not have had jurisdiction. Specifically, your project was approved under the provisions of Ordinance No. 4 which was adopted September 15, 1992, as incorporated in the judgment in Diamond Bar Citizens v Burgess, LASC No. BS019849. On December 13, 1993, the State Office of Planning and Research confirmed that Ordinance No. 4 did not meet certain statutory requirements for adoption, and thereafter continued effect. A copy of Ordinance No. 4, the judgment in the case, and the State Office of Planning and Research letter is attached hereto for your information. The issue that has never been decided is whether or not the language of the court order, paragraph 3 thereof, confirmed jurisdiction on the City to grant Your permit. Therefore, by taking this permit out now before resubmitting and validating your application after adoption of the general plan, you are acting at your own risk with respect to insurers, lenders, and third -parties. We assume that you will want to reprocess your application "as -built", in order to obtain such validation after the general plan is adopted. By executing and leavinwi th letter 9 the City an executed copy of this you are acknowledging receipt of the foregoing documents, and you further agree that by acting under the permit applied for at this time, you are waiving any claim against the City for indemnification or damages, should it later be determined in an action or proceeding brought by another party, that issuance of this permit was improper. Post -It'"" brand fax transmittal memo 7671 # of pages ► TO Fr r" Co. Dept. Phage # Fax _ _ Fax # �..� r ORDINANCE NO. 4 (1992) AN URGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ESTABLISHING STANDARDS REGULATING LAND USE AND DEVELOPMENT THEREOF. ACTIVITIES INCLUDING FINDINGS IN SUPPORT A. Rec_ itals. (i) The City of Diamond Bar, a newly incorporated City, has adopted, pursuant to the laws of the State of California, a General Plan. The General Plan was duly adopted subsequent to extensive and thorough review and comment by the citizens of Diamond Bar, the General Plan Advisory Committee, the Traffic and Transportation Commission of the City of Diamond Bar, the Parks and Recreation Commission of the City of Diamond Bar, the Planning Commission of the City of Diamond Bar and the Council of the City of Diamond Bar. The General Plan of the City of Diamond Bar is a long range plan intended to guide land uses and development both within the jurisdiction of Diamond Bar and on unincorporated lands considered to be within the sphere of influence of the City of Diamond Bar. (ii) The Council, after due consideration and deliberation, exercised its authority as the legislative body by adopting the General Plan to implement the expectations, desires and best interests of the present and future citizens of the City of Diamond Bar. The Council's belief was and is based on the recommendations and testimony presented by citizens, business owners, staff, professional consultants and the Council's judicious consideration of the same. 1 (iii) The General Plan's effective date as the primary instrument to regulate and enhance land use and development within the City has been suspended by the submittal of a referendum. (iv) The laws of the State of California preclude furthering the physical development of a jurisdiction absent either an enforceable General Plan or authorization, pursuant to statute, to permit physical development to occur absent a General Plan. The City had previously been granted such authorization pursuant to California Government Code Sections 65360 and 65361. City representatives have been verbally advised by representatives of the Governor's Office of Planning and Research that they are without authority to extend the benefits of California Government Code Section 65361 after a General Plan is adopted. Such representatives referenced the City adopting provisions to implement such measures. (v) The State has not adopted any express statutory authority which provides for the extension of the California Government Code Section 65361 authorization to a municipality to proceed with physical development when the initial General Plan of a city is suspended by operation of law pursuant to California Elections Code Section 5041. (vi) The inability of a municipality to proceed with beneficial physical development is deleterious to the citizens of both the City and the State in that social and economic benefits are precluded from being realized. State law recognizes that it N is the public's best interest to provide for a continuity of physical development absent a General Plan, provided such development is premised upon a rational basis generally consistent with an expected General Plan (California Government Code Sections 65360, 65361). (vii) Article 11, Section 7 of the California State Constitution enables and authorizes a City to exercise its police powers by ordinance to preserve and secure the health, safety and welfare of the community, so long as such exercise does not conflict with the general laws of the State. Further, in areas of law where the State has adopted legislation, a city has powers co -extensive with the State to adopt regulations which supplement and further State law, so long as such regulation does not serve to hinder or otherwise diminish the intent or effect of the laws of the State. (viii) In the absence of any law of the State of California which enables the City of Diamond Bar to permit ongoing reasonable physical development to be maintained in a manner in consonance with California Government Code Section 65361, the Council has found and determined that it is proper and necessary to invoke its co -extensive legislative powers to supplement State law. The Council has determined that the public interest is best served by adopting reasonable regulations to implement land use and physical development within the City of Diamond Bar. The Council further finds that implementing local regulation in substantive consonance with those imposed by the 3 State of California Governor's Office of Planning and Research pursuant to California Government Code Section 65361 will provide a reasonable basis for the regulation of land use and physical development within the City of Diamond Sar, (ix) The present suspension of the City of Diamond Bar's authority to permit reasonable land use activitims to proceed requires immediate action by this council to cause such activities to be permissible to preserve, maintain and further the social and economic goals and necessities of all citizens and residents of the City of Diamond Har. This Council has determined that it is necessary -to enact this ordinance an an Urgency ordinance, effective immediately upon adoption to preserve•, the public health, safety and welfare as described in the foregoing. (X) All legal preconditions to the adoption of this Urgency Ordinance have occurred. The council of the City of Diamond Bar does ordain as follows: 86011 J• The Council finds and determines in all respects as set forth in Recitals, Part A, hereinabove. SGRUStd Al. The Council has found and determined that this Ordinance shall be enacted as an Urgency Ordinance, effective upon adoption pursuant to California Government Code Section 36937(b), on the basis of the facts set forth in the Recitals, Part A, of this Ordinance. 4 Section 3. Subject to the limitations set forth in Sections 3c, d, and e, below, land use actions and physical development approvals shall be conducted and/or occur solely in conformance with the standards set forth hereinafter: a. Until such time as the City of Diamond Bar has an enforceable General Plan, the City shall not approve discretionary land use projects unless it makes findings, supported by substantial evidence in the record, that there is a substantial probability that such project(s) will not be detrimental to or interfere with the General Plan adopted by the Council of the City of Diamond Bar. b. Until such time as the General Plan adopted by the City is deemed in effect and enforceable, the City may approve discretionary land use projects only when it makes findings, based upon substantial evidence in the record, that such projects are consistent with the General Plan as adopted by the City. C. Until such time as the General Plan adopted by the City is deemed in effect and enforceable, the City shall not initiate, approve or conduct public hearings upon general plan amendments. d. Until such time as the General Plan adopted by the City is deemed in effect and enforceable, the City shall not initiate or approve any specific plans, specific plan amendments, development agreements, 5 or any discretionary land use entitlements on behalf of City. e• The City shall not initiate or accept applications for, or act upon any vesting tentative maps, any entitlement or agreement which vests and legally precludes unilateral changes in land use by the City, any application for entitlement or any agreement for land located within areas defined as or designated as within the sphere of influence of the City of Diamond Bar, within areas defined as or designated as Hillside areas, and within areas defined as or designated as sensitive Environmental Areas (SEA), f• The City shall continue to comply with the California Environmental Quality Act, the applicable planning, zoning, subdivision and building procedures, as such may be amended, all as established in the California Government Code and all locally adopted planning, zoning, subdivision and building ordinances, resolutions, policies and practices during the effective term of this Ordinance. LOSILQU A. For purposes of this Ordinance only, the following terms shall have the meanings set forth hereinafter: a. City is defined as the City Council, the Planning Commission and any other City agency, official, commission, committee or individual granted or delegated administrative authority and responsibility under the 6 laws, ordinances or policies of the State, County or City. b. "Deemed in effect and enforceable" shall mean a determination by the electorate of the City of Diamond Bar, a court of competent jurisdiction or an official of the CiLty that a General Plan, which conforms to the laws of the State of California, is not precluded from being implemented by the City by operation of any law, decision, vote or order of a court of competent jurisdiction. ct 3-. This Ordinance shall terminate by operation of law, without further action by the Council of the City of Diamond Bar at such time as the City of Diamond Bar has a General Plan deemed in effect and enforceable by the City. Sec--_ A. The City Clerk shall certify to the adoption of this Ordinance and shall cause the sanre-;;fiap. be posted in three (3) public places with�p, 3 the Cit r! :.� bf di'akldoiii#" B�� pursuant to the provisions of Rwi"" ADOPTED AND APPROVED tri f ,y . ;y.: ,A .' ,•,rr� A da of, September; 1992 . — Mayar O] 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 September, 1992, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the 15th day of September, 1992, by the following vote: AYES: COUNCIL MEMBERS: Forbing, Miller, Werner, NOES: Mayor Pro Tem Papen, Mayor Kim COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAINED: COUNCIL MEMBERS: None ATTEST: City- Clerk of t City of Diamond Bar STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS CITY OF DIAMOND BAR 1. LYNDA BURGESS, CITY CLERK OF THE CRY OF DIAMOND BAR. DO HERESY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OR THE STATE OF CALIFORNIA THE FORGOING TO BE A FULL. TRUE AND CORRECT COPY OF THE ORIGINAL AS SAME APPEARS ON FILE IN MY OFFICE. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE AL OF THE CITY OF DIA ND ARR,, THIS n DAY OF �.� ' J , 19 LYNDA B1IRGl=,/CITY CLERK DeW7 N11011WRDDEVELI0B 8 arifomia GOVERNOR'S OFFICE OF PLANNING AND RESEARCH 1400 TENTH STREET PETE WILSON SACRAMENTO 95814 GOVERNOR (916) 445-4831 December 13, 1993 Mr. Michael B. Montgomery Interim City Attorney City of Diamond Bar 21660 East Copley Drive, Suite 100 Diamond Bar, California 91765-4117 y J n T W � "4'Foa uuroP�� LEE GRISSOM DIRECTOR Subject: City of Diamond Bar General Plan and Ordinance No. 4 Dear Mr. Montgomery: This is in response to your inquiries this morning concerning the City of Diamond Bar's General Plan adopted in July, 1992 and Ordinance No. 4, adopted shortly thereafter. These are your questions as I understood them: -- Did a valid general plan extension exist after August 5, 1992? Based on the information you provided this morning and information from our files that other city representatives have provided during approximately the past two years, I can conclude that a general plan extension did not exist after August 5, 1992. The City Council, according to the information at hand, adopted the Diamond Bar's first general plan on July 27, 1992. By the terms of the general plan extension's conditions of approval, the extension expired on the date the City Council adopted the general plan, or August 5, 1992, whichever occurs first. Since the Council adopted the plan on July 27, 1992, less than two weeks before August 5, the extension became null and void on July 27. -- Did a valid general plan extension exist after September 15, 1992? Based on the same information to which I referred in the previous paragraph, I can conclude that a general plan extension did not exist after September 15, 1992. Applying the same logic expressed in the previous paragraph, the terms of the extension conditions precluded the extension's force beyond the date that the City Council adopted the City's new and first general plan. Mr. Michael B. Montgomery Interim City Attorney December 13, 1993 Page Two Moreover, this office declined to the reasoning for which is a the an additional extension, September 17 xplained in Richard Sybert's letter 1992, and which you have in your possession. -- Did the City validly adopt Ordinance No. 4 as an urgency ordinance? Please bear in mind that the Office is Planning and Research is not in a position to pass judgment on the ordinance's validity or merits because of our office policy of refraining from interference in local technical assistance. pIn1thatlregardmattershowever, I can eand �must render Point out something about any urgency land use ordinance adopted under Government Code Section 65858, which evidently applies to Ordinance No. 4. An ordinance like this one must be accompanied by statutorily required findings (per Government Code Section 65858 c there is a current and immediate threat to the ( �� that safety, or welfare. Without public health, or its resolution of adoption, �uIgwouldhsumerits of the ordinance g Your question concerning Ordinance No. 4'svalidity liesest tat teainweithto er or both of these documents, as well as their compliance with Government Code Section 65858's individual requirements. I hope this satisfactorily answers Your questions. It was a pleasure to meet you, Mr. Montgomery, and thank you for taking the time to meet with me. Sincerely, Robert Cervantes Chief, Planning Unit 1 2 3 81 91 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 MICHAEL B. MONTGOMERY #34310 A Law Corporation 13200 Crossroads Parkway North Suite 350 CITY of Industry, Ca. 91746 Telephone: (310) 908-1850 Facsimile: (310) 908-1854 Attorney for Petitioner F I LIE D, FES 23 1,093 --- 0lN111' SUPERIOR COURT OF THE STATE OF CALIFORNIA 4OS nein les FOR THE COUNTY OF 9A9E� DIAMOND BAR CITIZENS TO ) PROTECT COUNTRY LIVING, an j unincorporated association, ) Petitioner, ) VS. ) } LYNDA BURGESS, City Clerk of ) City of Diamond Bar, CITY OF ) DIAMOND BAR, a municipal corp- ) oration. ) } Respondents. } } Case No.: BS019849 [Transferred from Los Angeles County] JUDGMENT FOR PETITIONER [Code of Civil Procedure S§1064, 1095] This cause came on regularly for hearing before this Court on February 4, 1993, in the Department 1, the Honorable Donald E. Smallwood, Judge of the Superior Court, presiding, pursuant to the verified petition of DIAMOND BAR CITIZENS TO PROTECT COUNTRY LIVING. Michael B. Montgomery appeared as attorney tor petitioner, Markman, Arczynaki, Hanson & King, by Andrew Arczynski appeared as attorney for respondent. The cause was - heard and both oral declarations and documentary evidence were received. DiAmngUa.r\]ungmnt 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The cause having been argued and submitted for decision, thel Court being fully advised, and the Court, on request of respondent having caused to be made and filed herein its written statement of recision and the Court having directed that judgment and a peremptory writ of mandate should issue in the cause; IT IS SO ORDERED, ADJUDGED, AND DECREED 1. That a peremptory writ of mandate issue commanding i respondent to certify the sufficiency of the required number of I signatures on the referendum petition. 2. Service of the peremptory writ is stayed for a period of i ten days from its execution. 3. Pending the certification of a referendum election of Resolution 92-44, or adoption of a new General Plan by the City of Diamond Bar, Ordinance No. 4 shall continue in full force and effect. 4. That petitioner have and recover costs and disbursements herein in the sum of $ from respondent. Dated:_.z�/3 I onald Smallwood Judge the Superior Court Approved as to form: City Attorney �� January 4, 1994 Michael P. Garofalo Library Administrator East Region Headquarters County of Los Angeles Public Library 1601 West Covina Parkway West Covina, CA 91790 (818) 960-2861.Phone (818) 337-4495 Fax Internet: MIKEGOCOLAPL.ORG Terry Ballinger City Manager City of Diamond Bar 21560 East Copley Drive Suite 100 Diamond Bar, CA 91765-4177 Dear Mr. Ballinger, On 12/29/93, Eileen Ansari, Frank Usher, Wilbert Hunt, Gillian Ray and I met at the Library to discuss options for City support in 1994 to improve public services at the Diamond Bar Library. We were asked by Mrs. Ansari and Mr. Usher to present a proposal to you based upon our discussions. In 1992-1993, the Diamond Bar library was open 6 days each week for 50 hours. During the year ending June 30, 1993, over 235,000 persons walked into the Diamond Bar Library. These customers borrowed over 283,000 books, magazines, videos and other items for home use. They asked over 99,000 questions, 40 per hour. The professional staff at the Library presented 212 programs enjoyed by 10,900 people. The library served over 28,000 persons with library cards: 7,404 children, 1,992 teenagers, and 18,586 adults. In 92/93, the Library spent $14,864 on new library materials. Unfortunately, as the result of State level decisions to eliminate the Special District Augmentation fund, the County Library lost 50% of its 93/94 operating budget. The County Board of Supervisors decided to give nearly $9,000,000 from the County General Fund to the Library, in November, 1994, to avoid a service disaster. As a result of these budget reductions, the Diamond Bar Library is now open only 3 days each week for 21 hours, and will spend less than $3,000 on new library materials this year. This situation will not improve in 93/94 and may get worse in 94/95. Letter to Terry Ballinger From Michael Garofalo, 1/4/94 After careful discussion on 12/29/93 with everyone concerned, I recommend that the City of Diamond Bar consider using City funds in 1994 to improve the services at the Diamond Bar Library as follows: A. INCREASE THE HOURS OF PUBLIC SERVICE EACH WEEK AT THE DIAMOND BAR LIBRARY We estimate the cost for each additional day of service (7 hours per day) to be around $1,500 per day (as specified in my 12/21/93 letter to you). This $1,500 per day estimate is for providing Full Library Services, i.e, readers advisory services, answering questions, telephone services, childrens story programs, advanced reference services, homework materials assistance, adult information services, research assistance to teenagers, check out services for books, magazines, CDs, audiotapes and videotapes, book renewal service, interlibrary shipments, easy access to the entire 6,000,000 books of the County Library System, childrens cultural and educational programs, meeting room access, summer reading program for children, support from Regional and Specialty Collections, etc.. The following chart can give you an overview of the expected costs: Additional Day Per Week One Day Per Week Two Days Per Week Three Days Per Week 26 Weeks 52 Weeks $ 38,850 $ 77,700 $ 77,700 $ 155,400 $ 116,550 $ 233,100 2 Letter to Terry Ballinger From Michael Garofalo, 1/4/94 Here are some examples of how these additional days could be scheduled at the Library. 5 DAYS: 3 regular County Funded Days Open + 2 City Funded Days Open First Recommendation for a 5 Day Schedule: Monday Tuesday Wednesday Thursday Friday Saturday 1- 8 1- 8 1- 8 10 - 5 10 - 5 (With Childrens Programs, e.g, Storytimes, each Thursday and Saturday at 11 a.m.) Second Recommendation for a 5 Day Schedule: Monday Tuesday Wednesday Thursday Friday Saturday 1- 8 1- 8 1- 8 1- 8 10 - 5 (With Group Childrens Programs, e.g, Storytimes, each Wednesday at 2 p.m. and Saturday at 11 a.m.) 6 DAYS: 3 regular County Funded Days Open + 3 City Funded Days Open First Recommendation for a 6 Day Schedule Monday Tuesday Wednesday Thursday Friday Saturday 1- 8 1- 8 1- 8 10 - 5 10 - 5 10 - 5 (With Group Childrens Programs, e.g, Storytimes, each Wednesday at 2 p.m., and Thursday and Saturday at 11 a.m.) Second Recommendation for a 6 Day Schedule: Monday Tuesday Wednesday Thursday Friday Saturday 1- 8 1- 8 1- 8 1- 8 10 - 5 10 - 5 (With Group Childrens Programs, e.9, Storytimes, each Wednesday at 2 p.m., Friday and Saturday at 11 a.m.) 3 Letter to Terry Ballinger From Michael Garofalo, 1/4/94 All childrens programs will be presented by Gillian Ray, 1994 Children's Librarian of the Year for the County of Los Angeles Public Library. Staying open till 9 p.m. weekdays, as we did prior to 92/93, would necessitate paying a night bonus to nearly all employees and would increase costs slightly over those quoted. B. PROVIDE SUPPORT FOR PURCHASING NEW MATERIALS AT THE DIAMOND BAR LIBRARY In 90/91 the County Library purchased $ 8,448,749 on new and replacement books, videos, CDs, periodicals, and other items for library customers. All of these items are available to Diamond Bar library customers. In 90/91, the County Library purchased $ 1,323,581 for the 18 libraries in the East San Gabriel Valley. All of these items are also available to Diamond Bar Library customers. In 90/91, the professional staff selected $ 95,665 worth of new materials for shelving at the Diamond Bar Library. The pattern for subsequent years is as follows: Fiscal Year 90/91 91/92 92/93 93/94 Countywide $ 8,448,749 $ 7,272,224 $ 1,765,265 $ 300,000 East Region $ 1,323,581 $ 1,154,407 $ 317,074 $ 57,312 Diamond Bar $ 95,665 $ 82,953 $ 14,864 $ 2,750 As can be seen, our loss of revenue from the State of California has dramatically reduced our ability to purchase much needed and often requested new books, magazines, CDs, and videos. Library customers are very dissatisfied with this sad state of affairs. We would be pleased to accept a grant from the City of Diamond Bar for the purchase of new books or other library materials. I recommend that the City consider a grant of $15,000 or $30,000 for new books for the Diamond Bar Library. We would 4 Letter to Terry Ballinger From Michael Garofalo, 1/4/94 like for the City to consider our recommendations for these two grants: Recommendation 1 for a $15,000 Grant For New Materials $ 5,000 To the Friends of the Diamond Bar Library for their New Books Rental Program. The proceeds from this rental collection would be distributed as follows: 85% used to purchase new items for the New Books Rental Program, and 15% to the Library to pay for staff labor costs associated with administering a rental book program. $ 5,000 New and Replacement Non -Fiction Books $ 5,000 New and Replacement Children's Books Recommendation 2 for a $30,000 Grant For New Library Materials $ 8,000 To the Friends of the Diamond Bar Library for their New Books Rental Program. The proceeds from this rental collection would be distributed as follows: 85% used to purchase new items for the New Books Rental Program, and 15% to the Library to pay for staff labor costs associated with administering a rental book program. $ 9,500 New and Replacement Non -Fiction Books $ 6,000 New and Replacement Children's Books $ 4,000 New and Replacement Videos $ 500 New and Replacement CDs $ 2,000 Renew Periodical Subscriptions Now Being Cancelled All of the items held by the Friends would be for use only by customers visiting the Diamond Bar Library. Normally, all other items in the collection are available to everyone in the County Library. However, it might be possible to restrict the use of the items purchased in 1994 by the City of Diamond Bar to only customers that come into the Diamond Bar library, but this restriction requires some additional labor costs to control inventories on the automated system. I am exploring options available in this area, and will advise you later. 5 Letter to Terry Ballinger From Michael Garofalo, 1/4/94 In conclusion, I hope the above recommendations are clear and reflect fairly the discussions that Mrs. Ansari, Mr. Usher, Mr. Hunt, Mrs. Ray, and I had on 12/29/93. We were also informed about a possible public discussion regarding the County Library in the City of Diamond Bar set for the January 4, 1994, City Council meeting. If you need more information do not hesitate to call me. Sincerely, //Vj/�Yu) cc: Eileen Ansari, Ann Stevens, Margaret Wong, Michael McClintock, Wilbert Hunt MPG 1/4/94 C:\W5FUND\816CSL2.J94 X