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HomeMy WebLinkAbout12/16/1997.:its OAA�v AC;FND?' ember 16!, 1997 Tuesday Dec ality Nlanag ]arMeeting 6:30 p -m• RegIIement District Ai South Coast r Quuditorium 21965 EastCopleYDrive Diamond .., California 91765 Mayor Mayor Pro Tem Council Member Council Member Council Member Cily Manager City Alto ►-ney Clerk Carol Herrera Wen Chang Eileen Ansari Bob Huff Debby O'Connor TerrenceL. Belanger" Michael Jen i s Lynda Buri, r ty office of th to agenda items, are on fileall� Benda item. have questions regarding rc orfs. or other NNrittcn doctuneutation relaifigou hours. Copies of staff p public inspection• lar business Cite Clerk at (9119) 860-2489 during rem City Clerk. and are available for p Act Of 1990. please contact the assistance or e of special equipment, uirements of Title 11 of the Ant ricins with Disabilities Clerk to co►nply Nvith the req need of any ),pmust inform the City In an effort gar Tequires that any person ►n meeting. iamond public the City of D � Coll at a City accounnodation(s) in order to Pr to the scheduled meeting. a minimum of 72 hours p The City of Dianio Ess � )H to Cl() true and e,jcotu'ag s. Please refrain from siriokiM, entiia� ��r �lrii�king ill the ('oru)cil ('hn�rihcr.� INPUT _.,Eetings of the Diamond Bar City Council are open to the public. A member of the public may address the Council on the subject of one or more agenda items and/or other items of which are within the subject matter jurisdiction of the Diamond Bar City Council. A request to address the Council should be submitted in writing to the City Clerk. As a general rule the opportunity for public comments will take place at the discretion of the Chair. However, in order to facilitate the meeting, persons who are interested parties for an item may be requested to give their presentation at the time the item is called on the calendar. The Chair may limit the public input on any item or the total amount of time allocated for public testimony based on the number of people requesting to speak and the business of the Council. Individuals are requested to refrain from personal attacks toward Council Members or other persons. Comments which are not conducive to a positive business meeting environment are viewed as attacks against the entire City Council and will not be tolerated. If not complied with, you will forfeit your remaining time as ordered by the Chair. Your cooperation is greatly appreciated. In accordance with Government Code Section 54954.3(a) the Chair may from time to time dispense with public comment on items previously considered by the Council. (Does not apply to Committee meetings) In accordance with State Law (Brown Act), all matters to be acted on by the City Council must be posted at least 72 hours prior to the Council meeting. In cases of emergency or when a subject matter arises subsequent to the posting of the agenda, upon making certain findings, the Council may act on an item that is not on the posted agenda. CONDUCT IN THE CITY COUNCIL CHAMBERS The Chair shall order removed from the Council Chambers any person who commits the following acts in respect to a regular or special meeting of the Diamond Bar City Council. A. Disorderly behavior toward the Council or any member of the thereof, tending to interrupt the due and orderly course of said meeting. B. A breach of the peace, boisterous conduct or violent disturbance, tending to interrupt the due and orderly course of said meeting. C. Disobedience of any lawful order of the Chair, which shall include an order to be seated or to refrain from addressing the Board; and D. Any other unlawful interference with the due and orderly conduct of said meeting. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for the regular Diamond Bar City Council meetings are prepared by the City Clerk and are available 72 hours prior to the meeting. Agendas are available electronically and may be accessed by a personal computer through a phone modem. Every meeting of the City Council is recorded on cassette tapes and duplicate tapes are available for a nominal charge. ADA REQUIREMENTS A cordless microphone is available for those persons with mobility impairments who cannot access the public speaking area. Sign language interpreter services are also available by giving notice at least three business days in advance of the meeting. Please telephone (909) 860-2489 between 8 a.m. and 5 p.m. Monday through Friday. HELPFUL PHONE NUMBERS Copies of Agenda, Rules of the Council, Cassette Tapes of Meetings (909) 860-2489 Computer Access to Agendas (909) 860 -LINE General Information (909) 860-2489 NOTE: ACTION MAY BE TAKEN ON ANY ITEM IDENTIFIED ON THE AGENDA. t4VKU.1� l` VN 1'=4 H'1Uxunl rultv 1i� lrt� uvlv�u �� �.,. )0 NOON ON CHANNEL 12 (FOLLOWING THE 'CITY'S TOWN I LING} 1. CLOSED SESSION: 2. CALL TO ORDER: PLEDGE OF ALLEGIANCE: INVOCATION: Next Resolution No. 97-74 Next Ordinance No. 08(1997) None 6:30 p.m. December 16,1997 Mayor Herrera Reverend Mark Hopper, Evangelical Free Church of Diamond Bar ROLL CALL: Council Members Ansari, Huff, O'Connor, Mayor Pro Tem Chang, Mayor Herrera APPROVAL OF AGENDA: Mayor 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Certificates of Recognition to James Warren and Shirley Seymour, Community Volunteer Patrol Members who have logged 1,000 hours. 3.2 Presentation of City Tiles to Linda Stevens and Rebecca Ryan, outgoing Board Members of the Pomona Unified School District. 3.3 Presentation of City Tile to Larry Redinger, outgoing Board Member of the Walnut Valley Unified School District 3.4 Certificates of Recognition to City staff upon their graduation from the Diamond Bar Sheriff's Station Citizen's Academy Class. 4. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the City Council values your comments, pursuant to the Brown Act, the Council generally cannot take any action on items not listed on the posted agenda. Please DECEMBER 16, 1997 PAGE 2 complete a Speaker's Card and give it to the City Clerk -(completion of this form is voluntary] There is a five minute maximum time limit when addressing the City Council. 5. SCHEDULE OF FUTURE EVENTS: 5.1 TOWN HALL MEETING - ECONOMIC REVITALIZATION - December 20, 1997 - 9:00 a.m. to 12:00 p.m. (Noon) - AQMD Auditorium, 21865 E. Copley Dr. 5.2 CHRISTMAS HOLIDAY - City Offices will be closed Wednesday, December 24 and Thursday, December 25, 1997. 5.3 HOLIDAY TREE RECYCLING PROGRAM - Friday, December 26,1997 through Saturday, January 10, 1998. 5.4 NEW YEARS DAY HOLIDAY - City Offices will be closed Thursday, January 1, 1998. City Offices will reopen Friday, January 2, 1998. 5.5 CITY COUNCIL MEETING - January 6, 1998 - 6:30 p.m., AQMD Auditorium, 21865 E. Copley Dr. 6. CONSENT CALENDAR: 6.1 APPROVAL OF MINUTES: 6.1.1 Regular Meeting of November 18, 1997 - Approve as submitted. 6.1.2 Town Hall Meeting of November 22, 1997 - Approve as submitted. 6.1.3 Regular Meeting of December 2, 1997 - Approve as submitted. Requested by: City Clerk 6.2 PLANNING COMMISSION MINUTES: 6.2.1 Regular Meeting of October 14,1997 - Receive. and file. 6.2.2 Regular Meeting of October 27, 1997 - Receive and file. 6.2.3 Regular meeting of November 12, 1997 - Receive and file. Requested by: Community Development Division DECEMBER 16, 1997 PAGE 3 6.3 VOUCHER REGISTER - Approve Voucher Register dated December 16, 1997 in the amount of $558,092.53. Requested by: City Manager 6.4 EXONERATION OF CASH DEPOSIT IN LIEU OF GRADING BOND (FAITHFUL PERFORMANCE, LABOR AND MATERIAL) FOR 23504 RIDGELINE ROAD - The grading and retaining wall project for a tennis court has been completed and was finaled on December 4, 1997. Recommended Action: It is recommended that the City Council approve exoneration of Cash Deposit in Lieu of Grading Bond (Account No. 07423-01725 - Bank of America) in the amount of $1890 and direct the City Clerk to notify the Principal and Surety of this action. Requested by: Public Works Division 6.5 GRAND AVENUE SHOULDER STRIPING, EASTBOUND BETWEEN MONTEFINO AVENUE AND DIAMOND BAR BOULEVARD - Grand Ave., eastbound between Montefino Ave. and Diamond Bar Blvd., has been experiencing safety concerns for those who turn left from westbound Grand Ave. onto the various business complexes located along the south side of Grand Ave. When Grand Ave. is congested during peak hours, some motorists who travel eastbound on Grand Ave. cross Montefino Ave. and/or the Fire Station, creating a "third lane resulting in potential visibility and traffic safety concerns for motorists attempting to make left - turn movements. The creation of a cross hatch area (8' wide painted shoulder) will establish a restricted area and the necessary enforcement mechanism for the Sheriff's Department. Recommended Action: It is recommended that the City Council approve the recommendation to install cross hatch striping between the driveways of the Fire Station and the Public Library and the driveways of the Public Library and Century 21. Requested by: Public Works Division 6.6 TDA ARTICLE 3(SB821) ALLOCATION FOR FISCAL YEAR 1997-98 - For FY 1997-98, the L.A. County Metropolitan Transportation Authority allocated $23,124 to the City for construction of various pedestrian and bicycle - related facilities and projects. To date, the City has reserved a total of $43,362 (FY 1995-96 and 1996-97). This year's reserve of $23,124 brings the City's total fund balance to $66,486. The City is permitted to DECEMBER 16, 1997 PAGE 4 accumulate funds, which has been done in the past, to use on Capital Improvement projects. Recommended Action: It is recommended that the City Council reserve the City's $23,124 TDA Article 3 (SB821) allocation for FY 1997-98. Requested by: Public Works Division 6.7 EXTENSION OF CONTRACT FOR ANNUAL FINANCIAL AUDITING SERVICES WHICH INCLUDE QUARTERLY PROCUREMENT AND CASH DISBURSEMENTS AUDITS - On March 7, 1995, Council awarded a three-year contract to Conrad & Associates, L.L.P. for annual auditing services including procurement and cash disbursements audits. The audit periods contracted were fiscal years 1994-95, 1995-96, and 1996-97. The fiscal year 1996-97 annual audit has just been completed. When the audit RFP process was conducted, it was anticipated that the City may extend the contract for an additional two fiscal years. The firm has submitted a proposal to continue the contract for FY 1997-98 and 1998-99. There has been no increase in the amount proposed for the FY 1997-98 contract and a 20 cost of living adjustment proposed for FY 1998-99. Recommended Action: It is recommended that the City Council approve the contract extension with Conrad & Associates, L.L.P. for auditing services including quarterly procurement and cash disbursement audits, at a cost not to exceed $24,000 for FY 1997-98 and $24,480 for FY 1998-99 and, further, authorize and direct the Mayor to execute said agreement. Requested by: City Manager 6.8 RESOLUTION NO. 96-53D A RESOLUTION OF THE CITY OF THE OF DIAMOND BAR SETTING FORTH PERSONNEL RULES AND REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACATIONS, LEAVES OF ABSENCES AND OTHER REGULATIONS - Modifications to Resolution No. 96-53 are proposed to include 1) authorizing an additional holiday in FY97-98 (December 26, 1997 only); 2) deletion of a part-time Clerk -Typist position and addition of a full-time Secretary position in the City Clerk's office; 3) changing the title of the MIS Assistant to MIS Technician and making the position full-time (30 hours to 40 hours per week) and 4) deleting an Administrative Intern position. Christmas Eve and Christmas Day, both designated holidays, fall on Wednesday and Thursday. Due to the very light demand for services over Christmas holiday, it is recommended that City offices also be closed on Friday, December 26. If DECEMBER 16, 1997 PAGE 5 the holiday is granted, notice will be given to Diamond Bar customers and clients to inform them that City Hall will be closed from December 24th, 25th and 26th, with City Hall re -opening on Monday, December 29th. Recommended Action: It is recommended that the City Council 1) adopt Resolution No. 96-53D, granting December 26, 1997 as an additional holiday in FY 97-98 and changing the title of the MIS Assistant to MIS Technician and 2) delete a part-time Clerk Typist and add a full- time Secretary in the City Clerk's Office, delete an Administrative Intern position in the City Manager's Office and make the MIS Technician a full-time position; and allocate $45.00 to the appropriate department FY97-98 budgets. Requested by: City Manager 6.9 RESOLUTION NO. 97 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ESTABLISHING A PRE-TAX PAYROLL DEDUCTION PLAN FOR SERVICES CREDIT PURCHASES THROUGH THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM - Council recently approved an amendment to the City Manager's contract which provides for the purchase of service (military) credits, through pre-tax payroll deductions. This resolution establishes the plan for accomplishing the purchase of service credits through the California Public Employees Retirement System. Recommended Action: It is recommended that the City Council adopt Resolution No. 97 -XX which establishes a pre-tax payroll deduction plan for service (military) credit purchases through CalPERS. Requested by: Personnel Committee 7. PUBLIC HEARINGS: 7:00 p.m., or as soon thereafter as matters can be heard. 7.1 APPEAL OF PLANNING COMMISSION RESOLUTION NO. 97-13, DENYING CONDITIONAL USE PERMIT NO. 97-3, 21324 PATHFINDER RD. - On October 17, 1997, Mohamad Salimnia filed an appeal regarding Planning Commission Resolution No. 97-13 which denied Conditional Use Permit (CUP) No. 97-3. CUP 97-3 was a request to sell beer and wine in an existing mini -mart at the Chevron gad station, located at 21324 Pathfinder Road. Recommended Action: It is recommended that the City Council open the Public Hearing, take testimony, close DECEMBER 16, 1997 PAGE 6 the Public Hearing and deny the appeal and uphold the decision of the Planning Commission. Requested by: Planning Division 8. OLD BUSINESS: 8.1 COUNCIL COMMITTEE APPOINTMENTS - Continued from December 2, 1997. Recommended Action: It is recommended that the Mayor make appointments as necessary. Requested by: Mayor 8.2 APPOINTMENT OF PARKS AND RECREATION COMMISSIONERS. Recommended Action: It is recommended that the City Council make appointments as necessary. Requested by: Councilmembers 9. NEW BUSINESS: 9.1 DISCUSSION OF FUTURE WORKSHOPS AND TOPICS. Requested by: Mayor 9.2 DEVELOPMENT CODE PROGRESS REPORT - On December 9, 1997, the Planning Commission concluded its public review and preparation of the Draft Development Code. The Commission recommends that the City Council adopt the Code which incorporates new zoning, land use regulations and guidelines for the City. Recommended Action: It is recommended that the City Council consider a proposed public hearing process and schedule on January 6, 1998. Requested by: Planning Division 9.3 RESOLUTION NO. 97 -XX: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR OPPOSING WCCA PROCEDURAL CHANGES FOR THE APPOINTMENT AND REAPPOINTMENT OF WCCA ADVISORY COMMITTEE MEMBERS - The Wildlife Corridor Conservation Authority (WCCA) has promulgated revised procedures for appointment and reappointment of members t the WCCA Advisory Committee. The proposal includes provisions for a fifteen (15) member Advisory Committee, with the WCCA Board making all appointments. Further, reappointment is to be by the currently servicing members DECEMBER 16, 1997 PAGE 7 electing to continue or not, on the Committee. This procedure gives the City of Diamond Bar virtually no realistic opportunity to appoint Advisory Committee members who reflect the attitudes, philosophies and aspirations of the community of Diamond Bar. Recommended Action: It is recommended that the City Council adopt Resolution No. 97 -XX opposing the proposed procedural changes for the appointment and reappointment of members to the WCCA Advisory Committee. Requested by: City Manager 9.4 OPPOSITION TO THE LOS ANGELES POLICY REQUIRING THE ESTABLISHMENT OF AT RISK YOUTH EMPLOYMENT PROGRAMS, AS A CONDITION FOR THE RECEIPT OF 1992 AND 1996 PARK BOND ACT MONIES - Shall the City oppose the L.A. County policy that requires cities receiving monies from the 1992 and 1996 Park Bond acts to expend an amount equal to ten percent (10%) of the funds, to establish at risk youth employment programs? Recommended Action: It is recommended that the City Council oppose the L.A. County policy that requires the establishment of at risk youth employment programs as a condition of the receipt of monies from the 1992 and 1996 Park Bond Acts; and direct the Mayor to address a letter expressing the City Council's opposition to the County policy. Requested by: Mayor Herrera 9.5 OPPOSING THE INITIATIVE THAT WOULD PROHIBIT THE AWARDING OF COMPETITIVE CONTRACTS FOR DESIGN AND ENGINEERING SERVICES, FOR PROJECTS INVOLVING STATE FUNDS - The Professional Engineers in California Government (PECG) has qualified an initiative for the June, 1998 ballot. The initiative would prohibit awarding competitive contracts for design and engineering services if State funds were involved. PECG is attempting to eliminate any private sector competition on State funded design and engineering projects. City Councils would have no discretion where State funds (whole or in part) are involved in city public works projects. This initiative virtually eliminates private sector competition and local jurisdictional control over local projects where State funds are involved. Instead, only State employees could be utilized for such projects. Recommended Action: It is recommended that the City Council direct the Mayor to prepare a letter expressing DECEMBER 16, 1997 PAGE 8 the City of Diamond Bar's opposition to the June, 1998 initiative which prohibits competitive contracts for design and engineering services related to projects that involve State funds. Requested by: Mayor Herrera 9.6 PROPOSITION 208 - OBJECTION TO INTERPRETATION PROMULGATED BY FAIR POLITICAL PRACTICES COMMISSION REGARDING DEPOSIT OF SURPLUS CAMPAIGN FUNDS - On November 5, 1996, Proposition 208, the California Political Reform Act of 1996, was passed by the voters which amended the Political Reform Act of 1974. New provisions became effective January 1, 1997 limiting the amount of contributions individuals, corporations, unions, PAC's, organizations and other entities may contribute to candidates seeking election in local jurisdictions. One such provision, Government Code Section 89519, now indicates that any campaign funds in excess of expenses by candidates seeking election are considered "surplus" and must be "distributed" within 90 days after withdrawal, defeat or election to office. Methods of distribution include deposit of up to $10,000 of surplus campaign funds into a candidate's officeholder account, contribution to any political party, return of contributions to contributors on a pro rata basis, or turned over to the General Fund. The actual text of Proposition 208 does not specify whether such deposit to the "General Fund" should be made to the City's General Fund or the State's General Fund. In its Proposition 208 Fact Sheet published by the FPPC in February, 1997, the FPPC interpreted Section 89519(b) to mean the State of California General Fund for leftover surplus funds. It is felt that this interpretation lacks fundamental logic in that it ignores and rejects the concept of returning surplus monies to the jurisdiction in which a candidate ran for office. Therefore, the relevant jurisdiction should receive the surplus campaign funds to place in the jurisdiction's General Fund. Recommended Action: It is recommended that the City Council authorize the Mayor to write to the Fair Political Practices Commission expressing opposition to the interpretation that Proposition 208 intended that surplus campaign funds should be deposited into the State's General Fund; but, rather, that such funds should be returned to the General Fund of the jurisdiction in which a candidate ran for office. Requested by: Mayor Herrera DECEMBER 16, 1997 PAGE 9 RECESS TO REDEVELOPMENT AGENCY MEETING Next Resolution No. 97-17 1. CALL TO ORDER: Chairman Huff ROLL CALL: Agency Members Chang, Herrera, O'Connor, VC/Ansari, C/Huff 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 Agency on Consent Calendar items or matters of interest to the public that are not already scheduled for consideration on this agenda. Although the Redevelopment Agency values your comments, pursuant to the Brown Act, the Agency generally cannot take any action on items not listed on the posted agenda. Please complete a Speaker's Card and give it to the Aa_ency Secretary (completion of this form is voluntary) There is a five minute maximum time limit when addressina the Redevelopment Agency. 3. CONSENT CALENDAR: 3.1 APPROVAL OF MINUTES: 3.1.1 Regular Meeting of November 18, 1997 - Approve as submitted. 3.1.2 Town Hall Meeting of November 22, 1997 - Approve as submitted. 3.1.3 Regular_ Meeting of December 2, 1997 - Approve as submitted. Requested by: Agency Secretary 3.2 VOUCHER REGISTER - Approve Voucher Register dated December 16, 1997 in the amount of $1,931. Requested by: Executive Director 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: 5.1 REDEVELOPMENT AGENCY COMMITTEE APPOINTMENTS - Recommended Action: It is recommended that the Chairman make appointments as necessary. VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK FROM: ADDRESS: ORGANIZATION: AGENDA #/SUBJECT: DATE: Z9 -7 -- 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 December 10, 1997 City of Diamond Bar 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177 (909) 860-2489 • Fax: (909) 861-3117 Internet: http://www.ci.diamond-bar.ca.us Reverend Mark Hopper Evangelical Free Church of D.B. 3255 S. Diamond Bar Blvd. Diamond Bar, CA 91765 Dear Reverend Mark Hopper: This is to confirm your participation to do the invocation at the Diamond Bar City Council meeting, Tuesday, December 16, at 6:\0 p.m., at the Air Quality Management District auditorium, 21865 E. Copley Drive, Diamond Bar. In that we have many cultures and religions within our community, an ecumenical invocation would be appreciated. It is a pleasure to have representation from various churches within Diamond Bar participate at the City Council meetings. Thank you for taking time out of your busy schedule to share with us. Sifncerely_ , V � Lynda Burgess, CMC/AAE City Clerk /tc k i , , , p,f�,-, December 4, 1997 City of Diamond Bar 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177 Linda Stevens 50 Falcon Ridge Drive Pomona, CA 91766 Dear Ms. Stevens: (909) 860-2489 • Fax (909) 861-3117 First, I would like to take this opportunity to personally thank you for your dedication, contribution, and leadership while serving as a Pomona Unified School District board member. Further, the Diamond Bar City Council would like to formally recognize your commitment to the youth of our community at its Council meeting on Tuesday, December 16, 1997. The meeting begins at 6:30 p.m. and is held at the Air Quality Management District auditorium, 21865 E. Copley Drive, Diamond Bar. Please contact my secretary, Nancy Whitehouse, 909/396-5666, regarding your availability. I look forward to seeing you December 16! Sincerely, Carol Herrero' Mayor CH: nw cc: City Council City Clerk Receded paper December 4, 1997 City of Diamond Bar 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177 Rebecca Ryan 1678 Russell Place Pomona, CA 91767 Dear Ms. Ryan: (909) 860-2489 • Fax (909) 861-3117 First, I would like to take this opportunity to personally thank you for your dedication, contribution, and leadership while serving as a Pomona Unified School District board member. Further, the Diamond Bar City Council would like to formally recognize your commitment to the youth of our community at its Council meeting on Tuesday, December 16, 1997. The meeting begins at 6:30 p.m. and is held at the Air Quality Management District auditorium, 21865 E. Copley Drive, Diamond Bar. Please contact my secretary, Nancy Whitehouse, 909/396-5666, regarding your availability. I look forward to seeing you December 16! Sincerely, ylletA� Carol Herrera'"" Mayor CH:nw cc: City Council City Clerk Rec ded paper Recycled paper City of Diamond Bar 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177 (909) 860-2489 • Fax: (909) 861-3117 Internet: http://www.ci.diamond-bar.ca.us NOTICE OF SPECIAL MEETING NOTICE IS HEREBY given that the Diamond Bar City Council Finance Sub -Committee will hold a special meeting Friday, December 12, 1997, at 9:00 a.m., at Diamond Bar City Hall, 21660 E. Copley Drive, Suite 100, Diamond Bar, California for the purpose of discussion of the Voucher Register dated December 16, 1997. - For further information, contact the City Manager's office (909) 396-5666. Dated: December 9, 1997 CITY OF DIAMOND BAR /s/ Lynda Burgess Lynda Burgess City Clerk December 4, 1997 City of Diamond Bar 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177 Larry Redinger 23999 Gold Nugget Avenue Diamond Bar, CA 91765 Dear Mr. g (909) 860-2489 - Fax (909) 861-3117 First, I would like to take this opportunity to personally extend to you a special thanks for your dedication, contribution, and leadership while serving as a Walnut Valley Unified School District board member. Further, the Diamond Bar City Council would like to formally recognize your commitment to the youth of our community at its Council meeting on Tuesday, December 16, 1997. The meeting begins at 6:30 p.m. and is held at the Air Quality Management District auditorium, 21865 E. Copley Drive, Diamond Bar. Please contact my secretary, Nancy Whitehouse, 909/396-5666, regarding your availability. I look forward to seeing you December 16! Sincerely, Z� *-V� �' Carol Herred- Mayor CH:nw cc: City Council City Clerk Recycled paper 2. MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR''' NOVEMBER 18, 1997 `C CLOSED SESSION: None CALL TO ORDER: Mayor Huff called the meeting to order at 6:44 p.m. in the SCAQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Ansari, INVOCATION: Reverend Jerry Perches, Calvary Chapel of Diamond Bar. ROLL CALL: Council Members Ansari, Werner, Mayor Pro Tem Herrera and Mayor Huff. Council Member Harmony was excused. Also present were: Terrence L. Belanger, City Manager; Michael Jenkins, City Attorney, James DeStefano, Deputy City Manager, Frank Usher, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Assistant Finance Manager and Lynda Burgess, City Clerk. 3. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presented Proclamation to kick off the American Lung Association of Los Angeles County's Christmas Seals Campaign Month to Robert Jo. 3.2 Proclaimed the remaining holiday months of 1997 and all of 1998 as "Buckle Up for Life Challenge". 3.3 Certificate of Recognition to Marcia Mednick, outgoing President/CEO of the San Gabriel Valley Commerce and Cities Consortium - continued to December 2, 1997. 3.4 Certificate of Recognition to Master Young In Cheon of the U.S. Taekwondo Center in Diamond Bar on his award as "National Coach of the Year' by the U.S. Olympic Committee - continued to December 2, 1997. 3.5 Presented Certificates of Recognition to Award recipients in the Annual Waste Prevention Incentive Awards Program to: Acapulco Restaurant, South Coast Air Quality Management District and Thomasville Home Furnishings. Awards recipients are Kokila Patel, Dexter MacBride and Desiree Domino. NOVEMBER 18, 1997 PAGE 2 3.6 Introduced Nancy Hickman, General Manager of Century Communications, the company that recently purchased Jones Intercable. 4. PUBLIC COMMENTS: Martha Bruske expressed concern about home composting when the City has no ordinance in place to protect the City's neighborhoods. She asked if Consent Calendar Item 6.7 relates to businesses or residences and whether it includes car alarms. She said she thought Consent Calendar Item 6.8 was a redevelopment promise and if so, why is it being presented in this manner. With respect to Consent Calendar Item 6.10, she expressed concern about the size of the Sheriffs Department contract and the continual supplementation of the contract by the City. She said she wants more Sheriffs Deputies on the street and asked the Council to consider restructuring the contract to be a more pro -prevention agreement. She commented on the MCC program, Consent Calendar Item 6.12, and asked whether this item and the ground lease for a Peterson Park cellular antenna site fall under the City's one-year moratorium. Dr. Lawrence Rhodes thanked Council for the red curbing on Washington Street and indicated that it is mitigating the traffic concerns. Stuart Pompel, Pacific Crest Drum and Bugle Corps, thanked Council for allowing his students to play the National Anthem this evening. He explained the concepts behind the formation of the Corps and gave an overview of its activities. He asked that the City become a mentor of the Corps and indicated his group would like to be included in the City's activities. He stated his group is looking for meeting and storage facilities. Clyde Hennessee said that, with respect to Consent Calendar Item 6.7, he was under the impression that businesses and residents are fined after only one false alarm. Steve Tye apologized to Council Member Ansari for his November 4, 1997 comments regarding the Planning Commission potential conflict of interest issue. In response to public comments, CM/Belanger responded to public comments explained that, under the City's Ordinance, a business or residence is allowed 2 false alarms and fined at the time of the third false alarm within a 12 month period which commences with the first false alarm. The source of funding for the MCC program three year contract is Community Block Grant monies which is used for residential property located within the City. This program would supplement any programs the City establishes under the redevelopment plan. DCM/DeStefano stated that the City's cellular site moratorium does not apply to sites located within the public right-of-way and on public property. Therefore, projects under consideration this evening are exempt from the moratorium. MCC is proposing the use of less than 2% of the City's total street lights. NOVEMBER 18, 1997 PAGE 3 CM/Belanger indicated that, with respect to the COPS Program, the federal government and state legislature have funded programs to supplement law enforcement throughout the United States. The City receives allocations from these entities to fund the purchase of equipment and special programs utilizing COPS monies. The money is restricted in that it must be spent within a 2 -year period of time. 5. SCHEDULE OF FUTURE EVENTS: 5.1 PARKS & RECREATION COMMISSION MEETING - Thursday, November 20, 1997 - 7:00 p.m. - SCAQMD Board Hearing Room, 21865 E. Copley Dr. 5.2 BREA CANYON ROAD/PATHFINDER FROM COOL SPRINGS TO FOUNTAIN SPRINGS STREETSCAPE DESIGN PROGRAM WORKSHOP - Thursday, November 20, 197 - 6:30 p.m. - Heritage Park Community Center, 2900 Brea Canyon Rd. 5.3 TOWN HALL MEETING REGARDING ECONOMIC REVITALIZATION - Saturday, November 22, 1997 - Castle Rock Elementary School, 2975 Castle Rock Rd. 5.4 PLANNING COMMISSION MEETING - Tuesday, November 25, 1997 - SCAQMD Auditorium, 21865 E. Copley Dr. 5.5 THANKSGIVING HOLIDAY - Thursday, November 27 and Friday, November 28, 1997 - City Offices will be closed and reopened for business on Monday, December 1, 1997. 5.6 CITY COUNCIL MEETING - Tuesday, December 2, 1997 - 6:30 p.m., SCAQMD Auditorium, 28165 E. Copley Dr. 6. CONSENT CALENDAR: MPT/Herrera moved, C/Ansari seconded, to approve the Consent Calendar, with the exception of Item Nos. 6.10 and 6.12. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Werner, MPT/Herrera, M/Huff NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Harmony 6.1 APPROVED MINUTES: 6.1.1 Town Hall Meeting of October 25, 1997 as submitted. 6.1.2 Regular Meeting of November 4, 1997 as submitted. 6.2 RECEIVED AND FILED PLANNING COMMISSION MINUTES - Regular Meeting of September.23, 1997. 6.3 APPROVED VOUCHER REGISTER dated November 18, 1997 in the amount of $1,055,344.29. 6.4 REJECTED CLAIM FOR DAMAGES - Application for Leave to File a Late Claim filed by Clair W. Harmony on September 22, 1997. NOVEMBER 18, 1997 PAGE 4 6.5 APPROVED SLURRY SEAL ON PATHFINDER BETWEEN SHADED WOOD ROAD AND THE WESTERLY CITY LIMIT - PARTICIPATION WITH LOS ANGELES COUNTY DEPARTMENT OF PUBLIC WORKS PROJECT - Allocated $15,000 from unappropriated Gas Tax Funds and increased the Capital Improvements Projects Fund by $15,000 for the City's share of the project and authorized the City Manager to enter into an agreement with L.A. County Department of Public Works for participation in their 97/98 Slurry Seal Project. 6.6 AWARDED CONTRACT FOR AS -NEEDED TREE PLANTING SERVICES - to West Coast Arborists in an amount not to exceed $20,000 for fiscal year 97/98 and allocated $10,000 from the General Fund for planting street trees along Aspen Grove Ln. 6.7 AWARDED CONTRACT FOR REVENUE COLLECTION SERVICES - to National Revenue Corporation at an initial cost of $6,500 for 1,000 accounts. Accounts in excess of the original 1,000 will be billed at a rate of $6.50 per account. 6.8 ADOPTED RESOLUTION NO. 97-71: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADOPTING A MORTGAGE CREDIT CERTIFICATE PROGRAM IN COOPERATION WITH THE COUNTY OF LOS ANGELES, AUTHORIZING AN APPLICATION TO THE CALIFORNIA DEBT LIMIT ALLOCATION COMMITTEE IN 1998, 1999, 2000 FOR AN ALLOCATION FOR THE ISSUANCE OF MORTGAGE CREDIT CERTIFICATES AND THE TRANSFER OF SUCH ALLOCATION TO THE COUNTY OF LOS ANGELES. 6.9 APPROVED GROUND LEASE CONTRACT WITH LOS ANGELES CELLULAR (LA CELLULAR) TO LOCATE A TELECOMMUNICATIONS FACILITY UPON AN EXISTING BALLFIELD AT PETERSON PARK - in the amount of $1,000 per month for 5 years. 6.11 ADOPTED RESOLUTION NO. 97-72: A RESOLUTION OF THE CITY OF DIAMOND BAR APPROVING ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 5 WITH THE DIAMOND BAR REDEVELOPMENT AGENCY. MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.10 REVIEWED AND APPROVED LOCAL LAW ENFORCEMENT SUPPLEMENTAL FUNDING - CITIZENS OPTION FOR PUBLIC SAFETY (COPS) - 1997 - Moved by C/Werner, seconded by C/Ansari to approve supplemental services by the Walnut Sheriffs Department and approved the necessary budget adjustment for receipt and expenditure of the grant funds. Motion carried by the following Roll Call vote: NOVEMBER 18, 1997 PAGE 5 AYES: COUNCIL MEMBERS - Ansari, Werner, MPT/Herrera, M/Huff NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Harmony 6.12 CONSIDERATION OF AN AGREEMENT WITH METRICOM, INC. FOR INSTALLATION, OPERATION AND MAINTENANCE OF WIRELESS DIGITAL COMMUNICATION RADIOS WITHIN CITY LIMITS ON EXISTING LIGHT POLES WITHIN THE CITY'S RIGHT-OF-WAY. Joe Malone, Metricom, displayed photographs of an 66 existing one -watt radios throughout the City on light poles. These facilities will be used for data transmission for computer users to access the Internet without the use of a telephone line. M/Huff moved, C/Werner seconded, to approve the Metricom, Inca agreement for installation, operation and maintenance of wireless digital communication radios on existing street light poles. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Werner, MPT/Herrera, M/Huff NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Harmony 7. PUBLIC HEARINGS: None 8. OLD BUSINESS: 8.1 PROPOSED INCREASE OF HOURLY RATE FOR CITY ATTORNEY - Martha Bruske said she felt that the same attorney should be at all City Council meetings to insure continuity and believed that Council protocol and Roberts Rules of Order should be administered by the City Attorney. C/Werner moved, MPT/Herrera seconded, to approve an increase in the City Attorney's general legal services hourly rate for the first forty-five (45) hours per month from $125 per hour to $130 per hour effective July 1, 1997. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Werner, MPT/Herrera, M/Huff NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Harmony 8.2 CITY MANAGER COMPENSATION AND CONTRACT MODIFICATIONS - Clyde Hennessee spoke in support of increasing the City Manager's salary. C/Wemer moved, MPT/Herrera seconded, to approve (1) Modification to the City Manager's Agreement as set forth in the memorandum dated September 2, 1997 and (2) Amendment to Schedule A of Resolution No. 96-53. Motion NOVEMBER 18, 1997 PAGE 6 carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Werner, MPT/Herrera, M/Huff NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - Harmony 9. NEW BUSINESS: None RECESS TO REDEVELOPMENT AGENCY MEETING: 8:07 p.m. RECONVENE CITY COUNCIL MEETING: M/Huff reconvened the City Council meeting at 8:10 p.m. 10. COUNCIL SUBCOMMITTEE REPORTS: C/Ansari reported that Contract Cities is attempting to recover additional property tax monies for the City which currently receives $.0529 for each dollar of property tax. The L.A. County average is about $.109. MPT/Herrera reported that the Economic Development subcommittee has received very positive responses from D.B. businesses. M/Huff reminded Council Members about the Council of Governments' legislative reception on Thursday, November 16, 1997. The Four Corners Committee has initiated a regional traffic study to consider regional traffic impacts between the 91 fwy. and the SR 60 corridor and from the 71 fwy. to SR 57 and east to SR 15. 11. COUNCIL COMMENTS: C/Ansari thanked the citizens for their support in re-electing her to the City Council. C/Wemer thanked the community for its support and stated he will continue working on the City's behalf. C/Ansari, MPT/Herrera and M/Huff complimented C/Werner for his dedication and service to the City. M/Huff announced Don Schad's resignation from the City's Planning Commission. 12. ADJOURNMENT: There being no further business to conduct, M/Huff adjourned the meeting at 8:23 p.m. ATTEST: Mayor LYNDA BURGESS, City Clerk 2. 3. 4. GITY OP DIAMOND DAR AND DIAMOND BAR REDEVELOPMENT AGENCY TOWN HALL MEETING NOVEMBER 22 1997 CALL TO ORDER: Mayor Huff called the meeting to order at 9:22 a.m. in the Castle Rock Springs Elementary School Multi -Purpose Room, 2975 Castle Rock Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Agency Member Ansari. City Council Roll Call: Council Members Ansari, Harmony, Mayor Pro Tem Herrera and Mayor Huff. Council Member Werner was absent. Agency Roll Call: Agency Members Ansari, Harmony, Herrera, and Vice Chairman Huff. Council Member Werner was absent. Also present were: Terrence L. Belanger, City Manager/Agency Executive Director; James DeStefano, Deputy City Manager; Frank Usher, Deputy City Manager and Lynda Burgess, City Clerk/Agency Secretary. WELCOME AND INTRODUCTION. Mayor Huff OVERVIEW OF REDEVELOPMENT. Council and Agency Members agreed to dispense with the overview and concentrate on questions from the audience. QUESTIONS AND COMMENTS CONCERNING REDEVELOPMENT AND THE REVITALIZATION AREA PLAN. Roger Meyer asked why, when the City Council voted to exclude it, eminent domain is still contained within the redevelopment document. CM/ED/Belanger responded that when Council adopted the current Redevelopment Plan, it adopted a resolution specifying that eminent domain would not be utilized in implementing the Redevelopment Project Area Plan in lieu of entering into a lengthy process to revise the Plan. The policy of the current Council is to not use eminent domain to implement the Plan. C/AM/Harmony said he was absent from the meeting in which Council removed eminent domain authority but that he understood that, by a majority vote of the City Council, the power of eminent domain can be immediately restored. CM/ED/Belanger explained that the intent of the resolution eliminating eminent domain authority is to provide that any future Council must go through the lengthy process of revising the Redevelopment Pian in order to restore the power of eminent domain. NOVEMBER 22, 1997 PAGE 2 TOWN HALL MEETING Responding to C/AM/Harmony, M/Huff stated the City Council currently has eminent domain powers. If the Redevelopment Agency chose to reinstate eminent domain, only business properties and two non -conforming residential properties within the Project Area would be effected. CM/ED/Belanger explained that Redevelopment Law allows a redevelopment agency the use of the power of eminent domain only for the first 12 years of the existence of a project area plan. It is likely that Redevelopment agencies in general will experience problems requiring the use of eminent domain with respect to residential properties and not with commercial and industrial properties. Commercial and industrial property and businesses owners tend to work more cooperatively with redevelopment agencies. MPT/AM/Herrera reiterated her position that she did not want eminent domain included in the redevelopment plan. Mr. Meyer asked if the City will have to create roadways outside the project area to accommodate additional vehicular traffic contemplated by the attraction of additional businesses to the community. CM/ED/Belanger explained that the plan contemplates commercial and industrial rehabilitation and business expansion and retention programs. The current roadways were designed to handle commercial center traffic at their maximum anticipated occupancy. Mr. Meyer pointed out that, with the addition of the movie theater, the Country Hills Towne Center has experienced increased residential cut -through traffic. He asked if the City will experience such problems as a result of adding businesses to other commercial centers. CM/ED/Belanger stated that the Country Hills Towne Center is affected by traffic from outside the area which in turn affects Fountain Springs Rd. The addition of businesses to the Center may or may not affect regional traffic. The redevelopment plan evaluation process will study the impacts of additional retail providers. Mr. Meyer asked if, through redevelopment, the City is becoming a lending agency. CM/ED/Belanger responded that, in part, the City will become a lending agency. Redevelopment resources are created from property taxes paid by property owners within the project area. These resources will be reinvested in those same properties. MPT/AM/Herrera stated that the objective of the redevelopment agency is to attract additional business to provide opportunities for residents to shop in the community. C/AM/Ansari stated that, for 4 years, the City has tried to attract businesses to D.B. NOVEMBER 22, 1997 PAGE 3 TOWN HALL MEETING When Council Members and staff attempt to market the City, one of the questions that many businesses ask is if the City has a redevelopment agency. D.B. has not been competitive with surrounding communities that have redevelopment agencies. She asked citizens to remember that only 10% of the City is included in the redevelopment plan. Mr. Meyer asked why the Gateway Corporate Center had not been filled with office buildings as originally contemplated. CM/ED/Belanger explained that Gateway Corporate Center construction was commenced at the height of the real estate market and completed at the time the real estate market began its downward plunge. The Center is attempting to adjust to the market that is causing businesses to move more slowly with respect to relocating into the City. He cited the fact that while the South Coast Air Quality Management District is a fine building, it is tax exempt and does not contribute to the City. As a result of the lack of activity, under the law, the Center is deemed to be blighted. C/AM/Harmony stated that Zelman chose to not sell their Gateway Corporate Center property until property values increased. He said the Gateway Corporate Center does not meet the legal definition of blight. MNC/Huff stated that Mr. Harmony's reference to $300,000,000 of "your" dollars is a misrepresentation. Those are tax dollars paid by businesses currently going outside of the City. By bringing those tax dollars back into the community through redevelopment, we can reinvest in the community. Redevelopment would allow D. B. to spend its own money and not pass it through to the County for disbursement to other cities and agencies. CM/ED/Belanger read the definition of economic blight from the Code in response to C/AM/Harmony's assertion that the Gateway Corporate Center is not blighted. Further, he stated that he had never distributed a copy of the lawsuit to City Council Members. C/AM/Harmony said he received a copy of the lawsuit. Mr. Meyer asked how the City recovers monies invested in the redevelopment project area. CM/ED/Belanger responded that if project area dollars are loaned to a business within the project area, the business would be required to repay that loan in the same manner in which a party would be required to repay a bank loan. Mr. Meyer asked if the Redevelopment Agency would use special interest rates to attract business. NOVEMBER 22, 1997 PAGE 4 TOWN HALL MEETING CM/ED/Belanger responded that redevelopment agencies seek to make it more attractive for commercial and industrial business owners to engage in rehabilitation activities. The primary goal of this project is to rehabilitate and retain existing businesses. Therefore, to accomplish these goals, loans may be granted at an interest rate that is below the current market rate. Mr. Meyer said that several people are afraid that the redevelopment agency is a "giveaway" program. CM/ED/Belanger stated that, in cases where incentives are given to attract business, the evaluation process determines whether that business will return a greater amount of tax dollar revenue to the City than the community has invested in the attraction of the business. C/AM/Ansari left the meeting at 10:12 a.m. Art O'Daly said that Mr. Harmony is putting forth a great deal of misinformation. He reminded the participants that a Vice President of Zelman Development stated that if D.B. had had a redevelopment agency, Avery Dennison would have remained in the City. C/AM/Harmony reiterated that his investigation revealed that Brea did not invest one dollar toward attracting Avery Dennison. CM/ED/Belanger reiterated that all decisions related to investment issues, loans, etc. are made by the redevelopment agency board of directors at public hearings. He explained how the Brea Redevelopment Agency wrote down improvements which rendered the property more attractive for Avery Dennison's relocation. In response to C/AM/Harmony's statement, he stated that D.B. donates an extra $1,000,000 per year for fire protection. D.B. also subsidizes the County Library. MPT/AM/Herrera stated that the City is in the process of formulating a specific redevelopment plan. Contrary to Mr. Harmony's assertion, school districts will benefit from redevelopment. For instance, the redevelopment agency could supplement matching funds for construction of Pantera School. D.B. can benefit from mistakes made by other city's redevelopment agencies. MNC/Huff reminded residents that Diamond Ranch High School is a direct result of redevelopment agency funding. Mr. O'Daly stated that the Chamber of Commerce rejected Mr. Harmony's offer to speak to the Chamber on redevelopment because he continues to distribute misinformation. He asked why the City doesn't contract to lower its fire protection costs. CM/ED/Belanger responded that D.B. is part of the consolidated fire district and as NOVEMBER 22, 1997 PAGE 5 TOWN HALL MEETING a member of the district, there is no process to negotiate a contract. Mr. Meyer asked why Council Members and Agency Board Members are the same people. MNC/Huff stated that City Council Members are elected and therefore, directly accountable to the people. The current arrangement is more economically feasible with respect to compensation and time involved. CM/ED/Belanger stated that very few cities have redevelopment agency boards separate from the City Council which allows for a much higher level of cooperation between the business property owners and decision makers. The benefit is that, in the event the voters do not approve of the decision maker, they can be recalled or not re-elected as a Council Member and simultaneously be removed as a redevelopment agency member. Mr. Meyer suggested that a City of Industry street addition would result in lack of support to local businesses. MNC/Huff responded that the City of Industry is not in D.B.'s sphere of influence. CM/ED/Belanger explained that D.B. will negotiate with the City of Industry to impose "impact fees" because of development which will have an impact on the City of D.B. The same type of negotiations are taking place with the City of Chino Hills for development of property within their community which will have an impact on D.B. Mr. Meyer expressed concern that, in the event a Tonner Canyon bypass road is built, D.B. will lose traffic which will influence businesses not to locate in the City. He asked what the City is looking for. M/VC/Huff responded that D.B. is looking for less traffic. He reiterated that there is sufficient traffic within the City to support existing businesses. While some stores are seeking high traffic counts, if the nature of the City is to reduce traffic, those businesses will not locate in this City. This City Council's primary concern is to attract the types of businesses that the residents will support. Ron Clark asked if the Redevelopment Agency has the power to overturn the City's adopted General Plan. MNC/Huff responded that the Redevelopment Plan does not change land use. The adopted General Plan refers to the use of redevelopment funds as a mechanism for implementation. CM/ED/Belanger explained that a General Plan is the foundational document of any community. The Redevelopment Area Plan is a secondary document and must be NOVEMBER 22, 1997 PAGE 6 TOWN HALL MEETING in conformance with the General Plan. C/AM/Harmony stated that the General Plan can be amended 4 times a year. He mentioned the current Brea Canyon project as being allowed by the City Council under the City's Hillside Ordinance. DCM/DeStefano stated that, with respect to the development that is occurring on Brea Canyon Road, it is very important to understand that the developer processed the project beginning with the City's Incorporation in 1989. The developer had pre- established rights as a result of a provision in the State Subdivision Map Act that allows for a Vested Subdivision Map. The Vested Subdivision Map allows the developer to proceed under the rules and regulations at the time the application was approved for process. Therefore, that developer's application preceded the adoption of the City's Hillside Management Ordinance. If the project was processed today, it would look dramatically different because it would be following the City's adopted General Plan and provisions within the Hillside Management Ordinance. C/AM/Harmony said Council made exceptions to the Hillside Management Ordinance in approving the project. DCM/DeStefano stated there were no exceptions to the Hillside Ordinance because the Hillside Ordinance that was adopted in 1991 was not required to be complied with by this developer's 1989 Vesting. A Conditional Use Permit was required as a part of the overall development. Mr. Clark asked if there are significant resources in the early years of the Redevelopment Agency to warrant millions of dollars of bonding monies. CM/ED/Belanger responded that the answer to Mr. Clark's question is "No". Based on the consultant's projections shown in Section E of the supplemental report, it is suggested that the maximum bonding capacity for this project area is about $48,000,000. It will take several years for the bonding companies to consider investing in the Agency. Mr. Clark asked if, as a result of the Agency's lack of cash flow in the early years, would the Agency then have more time to fine-tune its goals and objectives. CM/ED/Belanger responded that one of the requirements of the Plan is to develop the programs suggested within the plan such as commercial rehabilitation, business retention and attraction, parking improvements and public improvements. The second paragraph of the adopted Ordinance outlines an 18 month process for the creation of these plans. Mr. Meyer asked if the City will hire a professional agency to assist the City Council and Redevelopment Agency is determining what types of businesses should be relocated into the City or if the process will be completed by the City Council and NOVEMBER 22, 1997 PAGE 7 TOWN HALL MEETING staff. M/VC/Huff responded that the City hires professional consultants on an "as needed" basis. Council employed a consultant to assist the Redevelopment Agency in identifying the community's business needs. CM/ED/Belanger stated that consultants who have the appropriate expertise will be used to assist the Agency. 4. WRAP UP AND NEXT MEETING PLAN. MPT/AM/Herrera stated that, according to the professional expertise of City employed consultants, D. B.'s commercial and industrial areas suffer from economic and physical blight and a Redevelopment Agency should be considered as a funding mechanism to cure these conditions. She reiterated that the funding for the Redevelopment Agency will result from property taxes paid by the commercial and industrial businesses located within the Project Area. She cautioned citizens not to rely on misinformation that is being circulated within the community. C/AM/Harmony spoke about what he views as the downside of redevelopment and "boondoggle" projects contained within the Agency documents. M/VC/Huff said there is no place in D.B. for "big box" shopping centers. School districts endorse redevelopment. He thanked the citizens for expressing their vote of confidence in the recent City Council election. He believed the citizens will be favorably impressed with the City's direction to reduce traffic impacts and entice appropriate businesses to the community through redevelopment efforts. He thanked the citizens for their participation. 5. ADJOURNMENT: There being no further business to conduct, Mayor and Redevelopment Agency Vice Chairman Huff adjourned the Town Hall meeting at 11:32 a.m. LYNDA BURGESS, City Clerk ATTEST: Mayor Redevelopment Agency Vice Chairman 1 a 3. MINUTES OF THE CITY COUNCIL REGULAR MEETING OF THE CITY OF DIAMOND BAR DECEMBER 2 1997 CLOSED SESSION: None CALL TO ORDER: Mayor Huff called the meeting to order at 6:45 p.m. in the SCAQMD Auditorium, 21865 E. Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Council Member Harmony. INVOCATION: Pastor Dennis Stuve, Mount Calvary Lutheran Church; Ahmad H. Sakr, PhD., Islamic Education Center; Reverend James Loughnane, St. Denis Catholic Church ROLL CALL: Council Members Ansari, Harmony, Werner, Mayor Pro Tem Herrera and Mayor Huff. Also present were: Terrence L. Belanger, City Manager; Michael Jenkins, City Attorney; James DeStefano, Deputy City Manager; Frank Usher, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Assistant Finance Manager and Lynda Burgess, City Clerk. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 3.1 Presented City Tile to Janet Spatz, former General Manager of Jones Intercable. 3.2 Presented Certificate of Recognition to Marcia Mednick, outgoing President/CEO of the San Gabriel Valley Commerce and Cities Consortium. 3.3 Presented Certificate of Recognition to Master Young In Cheon of the U.S. Taekwondo Center in Diamond Bar on his award as "National Coach of the Year" by the U.S. Olympic Committee. BUSINESS OF THE MONTH: 3.4 Presented City Tile to Joe and Lois McManus, owners of The Edit Shop. 6. CONSENT CALENDAR: C/Ansari moved, MPT/Herrera seconded, to approve Consent Calendar Items 6.1 and 6.2. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Harmony, Werner, MPT/Herrera, M/Huff NOES: COUNCIL MEMBERS- None ABSENT: COUNCIL MEMBERS - None DECEMBER 2, 1997 PAGE 2 6.1 APPROVED VOUCHER REGISTER - dated December 2, 1997 in the amount of $721,166.92. 6.2 ADOPTED RESOLUTION NO. 97-73: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 4, 1997, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY LAW. 6.3 ADMINISTRATION OF OATHS OF OFFICE: 6.3.1 Presentations to Clair W. Harmony and Gary H. Werner Former Council Member Harmony made comments highlighting his 4 -year City Council term. Former Council Member Werner highlighted his involvement with the City for the past 11 years. Jim Starkey, representing Congressman Kim, presented Congressional certificates to outgoing Council Members Harmony and Werner. Fred Guido, representing Supervisor Don Knabe, presented plaques to outgoing Council Members Harmony and Werner. Assemblyman Gary Miller presented certificates to outgoing Council Members Harmony and Werner. Mayor Huff presented special plaques to outgoing Council Members Harmony and Werner on behalf of the City Council for their contributions to the City. He recognized Mr. Werner for his service to the community as its first Redevelopment Agency Chairman. 6.3.2 Administration of Oaths of Office to Council Members elect: Assemblyman Gary Miller administered the Oaths of Office to Eileen Ansari, Wen Chang and Debby O'Connor. Each newly -seated Council Member thanked the public for electing them to office. 2. a. ROLL CALL: Council Members Ansari, Chang, O'Connor, Mayor Pro Tem Herrera and Mayor Huff. DECEMBER 2, 1997 PAGE 3 6.3.3 Reorganization of City Council: 6.3.3.1 Selection of Mayor. C/Ansari moved, C/Chang seconded, to nominate Carol Herrera to the position of Mayor. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Chang, O'Connor, MPT/Herrera, M/Huff NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None Mayor Herrera spoke about former Mayor Huffs positive City Council performance and community leadership. She presented him with a souvenir gavel on behalf of the City Council. C/Huff presented a bouquet of flowers to Mayor Herrera. 6.3.3.2 Selection of Mayor Pro Tem. C/Huff moved, C/Ansari seconded, to nominate Wen Chang. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Chang, Huff, O'Connor, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None RECESS: M/Herrera recessed the meeting at 7:51 p.m. RECONVENE: M/Herrera reconvened the meeting at 8:20 p.m. 4. PUBLIC COMMENTS: Lydia Plunk expressed concern regarding WCCA's lack of financial reporting, proper record keeping and response to public questions. Dr. Lawrence Rhodes advised residents that Robin's Hallmark at Brea Canyon and Golden Springs Rd. offers subsidiary postal services for those who wish to mail packages during the busy holiday season. He stated that a senior citizens group will perform on between 2:00 p.m. and 5:00 p.m. on Saturday and Sunday, December 6 and 7 at K -Mart. Stephen Britt welcomed the new Council Members and reminded Council that the community is looking to them to render decisions that will protect the environment. Walnut City Council Member Pacheco welcomed the new Council Members and commented that he looked forward to working together to resolve common issues. DECEMBER 2, 1997 PAGE 4 5. SCHEDULE OF FUTURE EVENTS: 5.1 PLANNING COMMISSION - December 9, 1997 - 7:00 p.m., - SCAQMD Auditorium, 21865 E. Copley Dr. 5.2 TRAFFIC & TRANSPORTATION COMMISSION - December meeting cancelled. 5.3 CITY COUNCIL MEETING - December 16, 1997 - 6:30 p.m. SCAQMD Auditorium, 21865 E. Copley Dr. 5.4 TOWN HALL MEETING - 5th and final meeting of the series regarding economic revitalization, December 20, 1997, from 9:00 a.m. to 12:00 noon, SCAQMD Auditorium, 21865 E. Copley Dr. 5.5 CHRISTMAS HOLIDAY - Wednesday, December 24 and Thursday, December 25, 1997 - City Offices will be closed. 6. CONSENT CALENDAR (Cont'd): C/Huff moved, C/Ansari seconded, to approve Consent Calendar Items 6.4 through 6.8. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.4 RECEIVED AND FILED TRAFFIC & TRANSPORTATION COMMISSION MINUTES - School Study Public Workshop #1 - September 25, 1997. 6.5 REVIEWED AND APPROVED TREASURER'S REPORT for October, 1997. 6.6 REJECTED CLAIM FOR DAMAGES - Filed on July 16, 1997 by Ramona Lira and referred the matter for further action to Carl Warren & Co., the City's Risk Manager. 6.7 APPROVED NOTICE OF COMPLETION FOR DIAMOND BAR BOULEVARD RECONSTRUCTION/REHABILITATION BETWEEN GRAND AVENUE AND PALOMINO DRIVE - Accepted the work performed by Vance Corporation and authorized the City Clerk to file the Notice of Completion and release any retention amounts per previously approved plans and specifications. 6.8 APPROVED NOTICE OF COMPLETION FOR TRAFFIC SIGNAL INSTALLATION ON DIAMOND BAR BOULEVARD AT GOLDRUSH DRIVE - Accepted the work performed by New West Signal and authorized the City Clerk to file the Notice of Completion and release any retention amounts per previously approved pians and specifications. DECEMBER 2, 1997 PAGE 5 MATTERS WITHDRAWN FROM CONSENT CALENDAR: 6.9 AWARD OF CONTRACT FOR INSTALLATION OF TRAFFIC SIGNALS - GOLDEN SPRINGS DRIVE AND CALBOURNE DRIVE - Following discussion, C/Huff moved, C/O'Connor seconded, to award a contract to Macadee Electrical Construction in an amount not -to -exceed $76,786 and authorize a contingency amount of $7,700 for project change orders to be approved by the City Manager. Further, Council awarded a contract for construction inspection services to Warren C. Siecke in an amount not -to - exceed $5,700. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.10 AWARD OF CONTRACT FOR INSTALLATION OF TRAFFIC SIGNALS AT DIAMOND BAR BOULEVARD AT GENTLE SPRINGS LANE/PALOMINO DRIVE - Following discussion, C/Ansari moved, MPT/Chang seconded, to award a contract to Macadee Electrical Construction in an amount not -to - exceed $96,543 and authorize a contingency amount of $9,600 for project change orders to be approved by the City Manager. Further, awarded a contract for construction inspection services to Warren C. Siecke in an amount not -to -exceed $5,700. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 6.11 EXTENSION OF VENDOR PRINTING SERVICES FOR COMMUNITY NEWSLETTER AND RECREATION GUIDE - Following discussion, C/O'Connor moved, C/Huff seconded, to authorize additional work to be performed by Graphics United (the lowest bidder) so that this company can proceed with the printing of the Winter issue of the Community Newsletter and Recreation Guide. The total amount awarded to this vendor for services rendered this fiscal year shall not exceed $10,500 at this time. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None 7. PUBLIC HEARINGS: None DECEMBER 2, 1997 PAGE 6 8. OLD BUSINESS: None 9. NEW BUSINESS: None RECESS TO REDEVELOPMENT AGENCY MEETING: 8:47 p.m. RECONVENE CITY COUNCIL MEETING: M/Herrera reconvened the City Council meeting at 8:56 p.m. 10. COUNCIL SUBCOMMITTEE REPORTS: 10.1 DISCUSSION AND APPOINTMENT TO COUNCIL COMMITTEES AND OUTSIDE AGENCIES - M/Herrera indicated that she would only be making appointment at this.time and that the remaining appointments would be made at the next Council meeting. M/Herrera appointed C/O'Connor as Chairman of the Parks Master Plan Committee with C/Huff as delegate.. 10.2 APPOINTMENT OF A PLANNING COMMISSIONER TO FILL THE UNEXPIRED TERM DUE TO THE RESIGNATION OF DONALD SCHAD - C/O'Connor moved to appoint Steve Tye to the Planning Commission. C/Ansari seconded the motion. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS - Ansari, Huff, O'Connor, MPT/Chang, M/Herrera, NOES: COUNCIL MEMBERS - None ABSENT: COUNCIL MEMBERS - None C/Ansari reported that the NPDES Conference will be held January 29, 1998 at SCAG Headquarters and that the Contract Cities Legislative Forum is scheduled for January 13, 14 and 15, 1998. 11. COUNCIL COMMENTS: M/Herrera stated an economic development meeting will be scheduled to review the success of the recent International Council for Shopping Centers Convention and how many contacts were made by the City. C/O'Connor thanked the Mayor for appointing her to the Parks Master Plan Committee. C/Huff reminded everyone that all Council Members are open to hearing from the public and urged all citizens to contact the City for any information they may require. He also reminded the public that City -on -Line is available to anyone who DECEMBER 2, 1997 PAGE 7 has a computer and modem. City -on -Line provides current news, meeting agendas, meeting recaps and other information. MPT/Chang stated he received a request from the public for the Traffic and Transportation Commission to consider installation of a speed bump on Goldrush Dr. because of the steep grade of the street and the resulting vehicular speed. C/Ansari commended resident Jessie Blackstone for her fund-raising activities on behalf of orphans. M/Herrera read from a letter from the American Red Cross requesting a donation from the City. She asked that the matter be placed on the December 16, 1997 City Council agenda for discussion. 12. ADJOURNMENT: Tuesday, December 16, Auditorium. ATTEST: Mayor M/Herrera adjourned the meeting at 9:15 p.m. to 1997 at the South Coast Air Quality Management District LYNDA BURGESS, City Clerk MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION OCTOBER 14, 1997 CALL TO ORDER: Chairman Ruzicka called the meeting to order at 7:08 p.m. in the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by River McIntoush. ROLL CALL: Present: Chairman Ruzicka, Vice Chairman Schad, and Commissioners Fong, Goldenberg and McManus Also Present: Deputy City Manager James DeStefano, Senior Planner Catherine Johnson, Associate Planner Ann Lungu and Planning Technician Susan Cole. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: Bob Zirbes, Diamond Bar Improvement Association, asked the Planning Commission to reschedule its October 28, 1997 meeting in order for the Commission's three City Council candidates to participate in the Diamond Bar Chamber of Commerce forum. Sam Saffari spoke about the withdrawn Suncal project (agenda Item 6.1). He asked the Planning Commission to establish a moratorium on single family residential developments in the City of Diamond Bar. Chair/Ruzicka asked that the record reflect that Mr. Saffari was allowed additional speaking time for purposes of this item. River McIntoush talked about the large amount of traffic on the City's streets. Gary Neeley, Executive Director, Diamond Bar Caucus made the following statement: "Good Evening. My name is Gary Neeley. I'm the Executive Director of the Diamond Bar Caucus. Our offices are at 1155 S. Diamond Bar Boulevard, Suite R, Diamond Bar, CA. It came to my attention recently that, well, first of all, there's an item on your agenda, number 6.2 that discusses a project in Tonner Canyon that I understand is going to have a continuance on it this evening. But before that happens, before you get to that agenda item if you are going to have a continuance I'd like to discuss that at this point in time, much like they're discussing SunCal because there's going to be a continuance there. Is that okay?" C/Ruzicka: "Fine with me, Mr. Neeley." Mr. Neeley: Recently I received some information that said that one of the wives of one of your colleagues is working for that developer. I know for a fact that this particular Planning Commissioner, Mr. Schad, has, in fact, participated in the OCTOBER 14, 1997 PAGE 2 PLANNING COMMISSION discussion regarding this project. This project is the only development in Tonner Canyon. Mr. Schad of course, is well known for his ""save Tonner Canyon"" diatribes. The gentleman before me talked about the problem that we're having with traffic. I think we all know, who have been around for awhile, that if we were fortunate enough to get a regional bypass road around Tonner Canyon that it would, in fact, and it has been professionally documented, that it takes 30,000 cars a day off the surface streets of Diamond Bar. We're talking Diamond Bar Boulevard and Grand Avenue, the very problem this gentleman (Mr. McIntoush and Mr. Saffari) was just talking about - 30,000 cars a day. If, in fact that road was built in or around Tonner Canyon, it would have to be financed through developer fees. Developer fees for those developers who are developing in Tonner Canyon. The very same people that are employing one of your board member's wives. The very board member who has spoken against not only building in Tonner Canyon but building this road. I see a direct conflict of interest here. A prosecutable conflict of interest here. I'd like to know whether this particular Planning Commissioner's wife does truly work for this developer. I've asked him in a public forum on city on-line and he's refused to answer me. I find myself, I don't normally like to come down to the microphone and participate in this manner, but I can't get an answer any other way. Mr. Chairman, could you determine an answer to that question and whether or not your colleague there has a conflict of interest. I think it is that important. We need to solve the traffic problem and having somebody whose wife is being paid by the only developer in Tonner Canyon stand up and stop the solution to our traffic problem and piously cry ""save Tonner Canyon"" in his next breath is just appalling to me. Could you find out the answer to that question for me, Mr. Chairman?" DCM/DeStefano responding to public comment, stated that the SunCal project has been withdrawn by the applicant. If the applicant chooses to reapply, property owners surrounding the proposed development will be noticed via the public hearing notice procedure. DCM/DeStefano indicated that issues related to traffic impacts effecting Diamond Bar are largely a result of neighboring city buildouts. The City continues to mitigate the cumulative effect of projects within adjacent communities such as Chino Hills and the City of Industry. DCM/DeStefano stated that from time to time, Planning Commissioners and City Council Members may have a conflict of interest on a particular project. They are responsible for disclosing the conflict of interest with legal counsel and for recusing themselves from any discussion and decision making process related to the project. Commissioners, Council Members and staff receive regular updates regarding the status of the law regarding conflict of interest issues. Questions should be forwarded to the City Attorney. OCTOBER 14, 1997 PAGE 3 PLANNING COMMISSION C/McManus stated the following: "If since Mr. Schad has already sat through two hearings on the Windmill Development project, I believe we have a right to know if, in fact, there is a conflict of interest or not, and if his wife is in the employ of JCC or one of their associates, then we have a right to know." CONSENT CALENDAR: 1. Minutes of September 23, 1997. 2. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR DENYING CONDITIONAL USE PERMIT NO. 97-3, A REQUEST TO ALLOW THE SALE OF BEER AND WINE IN AN EXISTING MINI -MART AT THE CHEVRON GAS STATION AT 21324 PATHFINDER ROAD, DIAMOND BAR, CALIFORNIA. C/Goldenberg moved, C/McManus seconded, to approve Consent Calendar Items 1.1 and 1.2. The motion was carried 5-0 with the following Roll Call vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: Following discussion regarding Commission meeting, the Commission matters to October 27, 1997. OLD BUSINESS - None NEW BUSINESS: - None CONTINUED PUBLIC HEARINGS: Goldenberg, McManus, Fong, VC/Schad, Chair/Ruzicka None None the October 28, 1997 Planning concurred to continue unresolved 1. General Plan Amendment No. 96-2, Vesting Tentative Tract Map No. 52267, Vesting Tentative Tract Map No. 52308, Conditional Use Permit No. 96-13, Conditional Use Permit No. 96-16, Oak Tree Permit No. 96-3 and Oak Tree Permit No. 96-5. Pursuant to Code Sections Title 21 - Subdivision, 22.56.215 -Part 1, Hillside Management Area, Hillside Management Ordinance No. 7 (1992) and 22.26 -Part 16 -Oak Tree Permit, the project request consists of the following: a) VTTM No. 52267, Conditional use Permit No. 96-13 and Oak Tree Permit No. 96-3 is proposed for 130 single family detached residential dwelling units clustered on approximately 65 acres of a 339.3 acre site. The development is proposed as a private, gated community. Lots will range in size from 6,000 square feet to 26,000 square feet. The gross proposed density is 0.4 dwelling units per acre with a net density of approximately 2.06 dwelling units per acre; and OCTOBER 14, 1997 PAGE 4 PLANNING COMMISSION b) VTTM No. 52308, General Plan Amendment No. 96-2, Conditional Use permit No. 96-16 and Oak Tree Permit No. 96-5 is proposed for 60 single-family detached residential dwelling units clustered on approximately 36.7 acres of the 86.3 acre site. The development is proposed as a private, gated community. Lots will range in size from 8,000 square feet to 41,750 square feet. The gross proposed density is 0.7 dwelling units per acre with a net density of approximately 1.63 dwelling units per acre. Additionally, the project includes a General Plan Amendment to allow additional residential development in excess of 130 dwelling units within General Plan Planning Area 2, and the removal of deed and map restricts and the potential for acquisition of publicly owned property adjacent to Pantera Park. Property Address: VTTM No. 52267 is generally located east of Diamond Bar Boulevard and north of Grand Avenue. VTTM No. 52308 is generally located northeast of Pantera Drive and south of Bowcreek Drive. City of Diamond Bar, California. Applicant: SunCal Companies, 550 W. Orangethorpe Avenue, Placentia, California 92806 The Developer has requested that the project be withdrawn. Staff recommends that the letter of withdrawal be received and filed. C/McManus addressed Mr. Saffari's comments regarding this project as follows: "Yes, Mr. Safarri, you started out talking about the honesty, candor and forthrightness of the City. I have a flyer here that was printed up and passed out in your neighborhood that has some gross misrepresentations in it. It says here ""last chance - last hearing I'll and it keeps hammering on that same thing - last chance, last hearing and that was for the last meeting which is, in fact, the first chance and the first hearing. Some people who live up there also told me that they understood SunCal bought that property for $150,000. I will tell you right now that if you can get that property for $150,000, I will buy it and donate it to the City. No problem. So there's a lot of gross misrepresentations that are going on within your own group. Also, you asked why the announcement was sent out - the yellow sheet - since there was no announcement that it was being continued. It was announced here at a public meeting. Therefore, we had to send that announcement out. The City had to send to send that announcement out. And I believe, and Mr. DeStefano can OCTOBER 14, 1997 PAGE 5 PLANNING COMMISSION confirm this, the piece of property that you're talking about, the big piece of property, at the point in time that it was sold, was sold with a Memorandum of Understanding in place which means that whoever bought it had a right to develop it under certain constraints. You said something about 65 homes. The one I read said 130. I will defer to Mr. DeStefano to answer that. But they have a legal right, when they bought the property it was already approved, to develop that part of it. And the property is in private hands. Would you want somebody to come in and say okay, we're going to take your land away and destroy your home because we want a park here. Think about that. I happened to have lived here for 18 years. And I live right off Grand Avenue. So Mr. McIntoush, you talk about the traffic, I hit it every morning. And it takes me sometimes - I have a business here in Diamond Bar - and it's less than a mile away from my home. It sometimes takes me 15 minutes to get home in the evening. When they wanted to broaden that corner - widen Diamond Bar and Grand - I was unalterably opposed to it. I feel if you build wider lanes then you bring more traffic and sure enough, it did. But most of that traffic does come from out of the community. Now we need to work on something to resolve that specific problem - to get that traffic from other communities off of our streets. And long before we became a City, a bypass cut -through Tonner Canyon was proposed. And I remember the Highway Patrol coming down to a municipal advisory counsel meeting that they had done a study that (concluded) the minute Grand Avenue was opened, it would be at 110 percent capacity. So we knew it before we were incorporated. So, as Mr. Fong is pointing out, a lot of that flows from past leadership - the mistakes they made, shortsightedness, all that sort of thing. And we don't want, and I don't want those hills developed either, in all candor. I would rather see it all remain open space. But, somebody has invested money in it. And if we can't reimburse them for it, we need to find an amicable solution. Some way to work it out." C/McManus continued: "And I do believe with all my heart and soul that Mr. Schad owes an explanation to the Community of Diamond Bar about his wife working for a developer that has a project down here." The Commission concurred to receive and file the applicant's letter of withdrawl. 2. Vesting Tentative Tract Map No. 50314, Conditional Use Permit No. 96-1, Oak Tree Permit No. 96-1 and Zone Change 96-1 (pursuant to Code Sections Title 21, and Title 22.56.215, 22.26 Part 16 and 22.16 Part 2) are requests to approve a 15 lot subdivision on approximately 44 acres. The average lot size will be 2.92 acres. Six of the proposed lots are part of two approved tracts. OCTOBER 14, 1997 PAGE 6 PLANNING COMMISSION Therefore, VTTM 50314's development will result in a net increase of 13 residential lots. The project site is within Los Angeles County Significant Ecological Area No. 15. The Zone Change will convert the current zoning of R-1-20,000 and A-2-2 to R-1-40,000. Continued from August 26, 1997. Project Address: Southeast of the most southerly intersection of Steeplechase Lane and Wagon Train Lane. Project Owner/Applicant: Kurt Nelson, Windmill Development, 3480 Torrance Boulevard, Suite 300, Torrance, CA 90503 Due to the applicant's request for a continuance to October 28, 1997, staff recommends that the Planning Commission continue the public hearing to October 27, 1997. Chair/Ruzicka reopened the public hearing. Gary Neeley: "I'm just amazed that first of all, Mr. Schad, you haven't answered the question. Does your wife work for the developer or doesn't she work for the developer? If she doesn't, just lean forward to the microphone and say no, she doesn't." VC/Schad: "NO. Is that it?" Mr. Neeley: "She does not work in any way, any capacity, in any way shape or form, she's not on the payroll for JCC, Jack Cameron, any of his derivities? Is that right? Never has been." VC/Schad: "Paul, turn up the volume. This man's having trouble hearing." Mr. Neeley: "I take it that's a "no"? We'll look into that. We'll have the district attorney look into that, Mr. Schad. Thank you very much." Chair/Ruzicka. "Thank you, Mr. Neeley." C/McManus moved, C/Fong seconded, to continue Vesting Tentative Tract Map No. 50314, Conditional Use Permit No. 96-1, Oak Tree Permit No. 96-1 and Zone Change 96-1 to October 27, 1997. The motion was carried 5-0. 3. General Plan Amendment No. 96-1, Tentative Parcel Map No. 24646, conditional Use Permit No. 96-14 and Oak Tree Permit No. 96-4 (pursuant to Code Sections Title 21 - Subdivision, Hillside Management Ordinance No. 7 (1992) and Part 16-22.26 Oak Tree Permit). The subject request OCTOBER 14, 1997 PAGE 7 PLANNING COMMISSION proposes to change the General Plan land use designation for 5.88 acres within a 132 acre parcel located in a gated community identified as "The Country Estates". The land use designation will change from Open Space to Rural Residential. The remaining 126.12 acres will continue as Open Space. The proposal includes: subdividing the 5.88 acres into four lots, each a minimum of one acre, for the eventual development of four single family custom homes; the removal and replacement of oak and walnut trees; and the removal of a map restriction. Property Address: Easterly side of Blaze Trail across from the intersection of Timbertop Lane. Property Owner/ Diamond Bar Country Estates Association, Applicant: 22615 Lazy Meadow Drive, Diamond Bar, California 91765 Staff recommends that the Planning Commission continue the public hearing on General Plan Amendment No. 96-1, Tentative Parcel Map No. 24646, Hillside Management Conditional Use Permit No. 96-14 and Oak Tree Permit No. 96-4 to January 27, 1998. Chair/Ruzicka opened the public hearing. Art O'Daly asked if the Planning Commission received the requested information regarding "The Country Estates" Homeowners Association survey. He asked if there is a reason this item is being continued to January 27, 1998. DCM/DeStefano explained that the applicant requested this matter be continued to January 27, 1998. AP/Lungu responded to C/Fong that the applicant indicated that approximately 300 homeowners were surveyed. Of those who responded, 80 percent were in favor of proceeding with the development by obtaining revenue from the project's sale to build new recreational facilities, and 20 percent were in favor of a personal assessment. Frank Shu spoke in favor of the project. C/McManus moved, VC/Schad seconded, to continue General Plan Amendment No. 96-1, Tentative Parcel Map No. 24646, Conditional Use Permit No. 96-14 and Oak Tree Permit No. 96-4 to January 27, 1998. The motion was carried 4-1 with the following Roll Call vote: AYES: COMMISSIONERS: McManus, VC/Schad, Goldenberg, Chair/Ruzicka NOES: COMMISSIONERS: Fong ABSENT: COMMISSIONERS: None OCTOBER 14, 1997 PAGE a PLANNING COMMISSION 4. Draft Development Code (Zoning Code Amendment 2CA 97-1 and Negative Declaration No. 97-3). . Review of all Articles of the Draft Development Code, Draft Subdivision Code, and Draft Design Guidelines. DCM/DeStefano explained that the Subdivision Code will be presented at a future Commission meeting as a separate document. Chair/Ruzicka reminded staff that the following items were discussed and agreed upon by the Commission: Adult Businesses - the Commission concurred that the code should be the most restrictive code permitted by law; Signs - that signs should include the maximum amount of English permitted under the law; View Protection - the Commission concurred that the Laguna Beach Ordinance was appropriate to Diamond Bar; and, with respect to Tree Preservation and Protection, Item A. under Exemptions on Page III -131 was revised to the following language (See August 26, 1997 Planning Commission minutes): "Trees, except those designated by the City Council as a historical or cultural tree, and trees required to be preserved, relocated or planted as a condition of approval of a discretionary permit, located on all developed properties prior to adoption of this Development Code." SP/Johnson presented the updated Draft Development Code and explained the document revisions. C/Goldenberg said he believes the Commission agreed to require 4" inch digits with respect to address numbers (Article III - Page 117, Table 3-X, Section I "Additional Requirements"). DCM/DeStefano responded to Chair/Ruzicka that the 4" requirement does not effect any other portion of the Development Code. C/McManus asked about the standard required for curbside digits. Following discussion, the Commission concurred to require 910" x 1910" (nine feet by nineteen feet) commercial parking spaces with no provisions for compact parking spaces. Bob Zirbes said he supports the Commission's recommendation for larger parking stalls. Ed MacDonald suggested that the Commissioner consider a 10 foot residential side yard setback to allow for additional on-site parking. OCTOBER 14, 1997 PAGE 9 PLANNING COMM1551UV DCM/DeStefano referred Mr. MacDonald to Page II -11 of the proposed Development Code. The table suggests a minimum residential side yard setback of five (5) feet on one side and 10 feet on the other side with a minimum requirement of 15 feet between dwelling units. In addition, a minimum three (3) feet safety clearance is required. C/Fong asked that cross-references - pages to figures and figures to pages - be cited in connection with (Figures). ie, Page III -13, 22.16.090 Setback Regulations and Exceptions 4. b., last line (Figure 3-3). C/Fong asked that dimensions be included in the Figures. ie, figure at the top of Page III -14 appears to lack an indication of a five (51) Imaginary Rear Property Line setback. C/Fong asked that the following be in Paragraph 4.under B. Grading standards on Page III -44: "Exploratory trenches and access roads should be properly backfilled and erosion treatment and revegetation be provided." The Commission concurred. C/Fong asked that ", except individual detached single- family residences" be removed from the first sentence of A. under Applicability on Page III -65. The Commission concurred. C/Fong again discussed Paragraph A. under 22.38.060 Exemptions on Page III -148. Following discussion, the Commission referred to the August 26, 1997 minutes which state the Commission's concurrence that the language read as follows: "Trees, except those designated by the City Council as a historical or cultural tree, and trees required to be preserved, relocated or planted as a condition of approval of a discretionary permit, located on all developed properties prior to adoption of this Development Code." VC/Schad asked that consistent with the General Plan, "arroyo" be included in Paragraph B. under 22.38.030 - Protected Trees so that it reads: "Native oak, walnut, sycamore, arroyo willow, and naturalized. California Pepper trees with a DBH of eight inches or greater." DCM/DeStefano responded that staff will check the paragraph and advise if the insertion is appropriate. The Commission concurred with C/Fong to change the second sentence of the second paragraph entitled DBH under D. Definitions, "D". to read as follows: 'The diameter of a tree trunk measured in inches at a height of 4.5 feet at the average point of the natural grade, etc." OCTOBER 14, 1997 PAGE 10 PLANNING COMMISSION VC/Schad again asked that Paragraph 3, Item B. under 22.38.130 - Tree .Replacement Relocation Standards be changed to include certified arborist. DCM/DeStefano referred VC/Schad to the Definitions Chapter Article VI, Page VI -5 of the Development Code. C/Goldenberg reminded the Commission that it had requested staff to provide them with a copy of the Laguna Beach View Protection Ordinance for possible adoption. DCM/DeStefano responded that the matter was most recently discussed by the Laguna Beach City Council on October 7, 1997 for first reading of the Ordinance. The council was concerned that the proposed ordinance was a potential "bureaucratic nightmare". He indicated staff will review the matter and present the Commission with an update at its October 27, 1997 meeting. VC/Schad moved, C/McManus seconded, to continue the Draft Development Code, Draft Citywide Design Guidelines, and Negative Declaration No. 97-3, and, if appropriate, adopt the Resolutions recommending City Council approval, and continue the Hearing Subdivision Code review to October 27, 1997. PUBLIC HEARING - None PLANNING COMMISSION ITEMS: DCM/DeStefano responded to C/Goldenberg that due to VC/Schad's request for information regarding the Department of Fish and Game's Code 1600 Permitting Process, as is customary, copies were provided to all Commissioners. INFORMATIONAL ITEMS: DCM/DeStefano reported that at its October 7, 1997 meeting, the City Council approved distribution of a bid package for construction of traffic signals at Golden Springs Drive at Calbourne Drive, and Diamond Bar Boulevard at Palomino Drive. DCM/DeStefano stated he approved two new residential construction projects for JCC Development and a residential addition within "The Country Estates". DCM/DeStefano indicated that the Traffic and Transportation Commission is continuing to pursue the School Traffic Study. DCM/DeStefano revealed that at its October 7, 1997 meeting, the City Council agreed to appoint two City Council Members, two Parks and Recreation Commissioners, and two members from each school district to a Parks Master Plan priority and funding implementation plan subcommittee. OCTOBER 14, 1997 PAGE 11 PLANNING COMMISSION DCM/DeStefano reported that the California Legislature approved and the Governor signed Assembly Bill 1226 co-sponsored by Assemblyman Miller which allows Diamond Bar to receive an additional two year's subvention which amounts to approximately $2,000,000. SCHEDULE OF FUTURE EVENTS as listed in the agenda. ADJOURNMENT: There being no further business to come before the Planning Commission, Chair/Ruzicka adjourned the meeting at 10:02 p.m. to Monday, October 27, 1997 at 7:00 p.m. in the South Coast Air Quality Management District Auditorium. Respectfully Submitted, /s/ James DeStefano James DeStefano, Secretary Attest: /G/ Jno Ruzicka Joe Ruzicka Chairman MINUTES VF TnL CITY OF DIAMUND BAR REGULAR MEETING OF THE PLANNING COMMISSION OCTOBER 27, 1997 CALL TO ORDER: Chairman Ruzicka called the meeting to order at 7:17 p.m. in the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Commissioner Fong. ROLL CALL: Present: Chairman Ruzicka, and Commissioners Fong, Goldenberg and McManus Vice Chairman Schad arrived at 7:25 p.m. Also Present: Deputy City Manager James DeStefano, Senior Planner Catherine Johnson, Associate Planner Ann Lungu and Planning Technician Susan Cole. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None CONSENT CALENDAR: 1. Minutes of October 14, 1997. This matter was continued to November 12, 1997. OLD BUSINESS - None NEW BUSINESS: 1. Planned Sign Program No. 97-2 is a request for two wall mounted identification signs at the Countryside Suites. Property Location: 21951 Golden Springs Drive, Diamond Bar, CA Property Owner/ Ayres Holding Group, 355 Bristol Applicant: Street #A, Costa Mesa, CA 92626 PT/Cole presented staff's report. Staff recommends that the Planning Commission approve Planned Sign Program No. 97-2, Findings of Fact and conditions as listed within the resolution. Chair/Ruzicka asked if the sign application will come before the Planning Commission at a later date. DCM/DeStefano responded that the sign application does not need to come before the Planning Commission according to the standards in the Sign Code. Chair/Ruzicka asked if this sign or any future signs will have any detrimental effect on the residents of homes on the ridge OCTOBER 27, 1997 PAGE 2 PLANNING COMMISSION overlooking the Gateway Corporate Center which has, in the past, created concerns about view and lighting. DCM/DeStefano stated that based upon what staff knows about the proposed signage and lighting, staff believes that they would cause no detrimental effect to the residences above and to the east of the site. Chair/Ruzicka asked for public comment. There was no one present who wished to speak on this item. C/McManus stated the following: "At the last Planning Commission meeting, Mr. Schad was asked if his wife was on the payroll of a developer that had a project before this committee. Mr. Schad said "No". There has been a lot of information come to light since that meeting. All of it leads me to believe, along with everyone else, that he did not tell the truth. The matter is now under investigation by the FPPC and I believe that anything he (Mr. Schad) participates in on this Commission from this day forward until this matter is resolved, would be tainted. So I would ask that Mr. Schad step down from the Commission." Chair/Ruzicka asked for clarification of the procedure from this point. DCM/DeStefano responded that there has been an allegation of conflict of interest. Apparently, that allegation has been forwarded to the appropriate authorities, the FPPC and the District Attorney. There should be some conclusion brought forth by those investigatory agencies on the matter. That will be some time from now. Commissioner Schad who can speak for himself on this matter has previously indicated that he did not have the conflict of interest that was represented at the last Planning Commission meeting. Chair/Ruzicka stated the following: "The Chair is extremely concerned about the Commission's reputation and what it does on all issues. We are handling a number of very important issues for the City including the Development Code. If any Commissioner who sits on this panel is under any legal scrutiny or doubt, I would not want that to reflect on any decision that this Commission is making. If you believe that Vice Chairman Schad's participation in a vote on this issue will not reflect on whether this total Commission is doing the right thing, then we can proceed. However, I don't want anyone's participation on any issue to cloud what we do here. We are people who are giving of our time and talent to make sure that we do the best things for this City. And any Commissioner who makes a decision to participate in these proceedings should do it with a lot of thought and with honesty in his heart." C/McManus stated the following: "If in fact he (Mr. Schad) has taken money from a developer while sitting up here on an issue or project that that developer brought before the OCTOBER 27, 1997 PAGE 3 PLANNING COMMISSION Commission then it once he might do it he might be involve be tainted. And if any decisions that event that someone need to do that to stands to reason that if he would do it other times. Therefore, any decision that d in that this Commission might make would in fact they find him guilty of it, then we may make may be up for reversal.in the should want to do that. I.don't think we any of the people in this community." Chair/Ruzicka: "Are there any additional comments from Commissioners?" C/Goldenberg: "Mr. Chairman, I have no doubt in my mind that Mr. Schad is doing whatever he is doing that he feels is in the best interest of this community. I have a problem only with respect to the fact that the community, City Council and administration is going to look at any decision that we make as a possible tainted decision because of the conditions that surrounds Mr. Schad's allegations. Whether they are true or not is immaterial at this time. The problem is that all of us are going to be put in that light. And I don't think the other four Commissioners should be subject to that type of scrutiny, and I would respectfully request that Commissioner Schad temporarily remove himself from the dais until the matter is cleared up." Chair/Ruzicka: "Vice -Chairman Schad, did you have anything to respond to these allegations?" Vice -Chairman Schad: "I have nothing to respond at this time." C/Goldenberg: "Mr. Chairman, if we're about to take a vote on an item not necessarily pertaining to this subject, do you not feel that the outcome of that vote is going to be possibly tainted with the participation of a Commissioner that has this cloud hanging over him? And that's my concern at this time. Not necessarily what it does for us that are sitting up here, but our reputations in the community and the decisions that we make have to have the trust of the community. I find it real difficult to continue on with this if these are the allegations that are going to be sitting there. Perhaps, if Mr. Schad would like to hear from anybody in the audience to support his contention, he may want to consider bringing someone up and let them speak as to the possibility of impropriety." C/Fong: "This issue right here is kind of a surprise to me. I wasn't aware of this discussion right here. I understand from the last Planning Commission meeting about the allegation about Vice Chairman Schad might have taken money from a developer, etc. That's something I couldn't prove myself and I have not investigated myself personally what has happened and tonight we have an issue right here on a sign that is a very simple matter and I don't understand how Mr. Schad's allegation is connected with this little simple issue here - how it could taint our decision. I understand he should be up OCTOBER 27, 1997 PAGE 4 PLANNING COMMISSION here with integrity to vote on matters. I guess for us as far as we're concerned, we each here have our own conscience and we're doing what we believe is right. And we're acting at the highest honor we can for the City's benefit. And whether Mr. Schad wants to vote on this issue or not is up to him. He has to decide whether he wants to do it or not. But it should not really effect you or I or anyone up here. otherwise, it could effect any of us. I just feel like right now..." Chair/Ruzicka: "As the Chairman, I just want to make sure that you understand where the discussion is right now. The discussion is as to the validity of this Commission as a whole. We have a responsibility to the people of this City to make sure that our decisions are made under no cloud. And I believe that when one Commissioner is under a cloud it reflects on the rest of us. In the end, the more important thing is that it reflects on all of the decisions that we make after that cloud has been recognized and brought forward. And that's what we're trying to determine here. Any decisions that we make now with Mr. Schad's vote included, could possibly be questioned later on and we don't want that. Especially in view of the very important work that we're doing over and above the current issue that is facing us." C/Fong: "What I'm saying here is that we're not up here to be judgmental of any person up here. We're not up here to judge any allegations that Mr. Schad is guilty. I think it's up to him whether he wants to vote on this or not. But I don't think we should feel what he did, whether it's right or wrong, would have an effect on us personally or on this Commission. I think we're taking this little matter here and making a big deal out of it." C/McManus: "Unfortunately, the community doesn't view it that way. They view it that if one of us is taking money from a developer then all of us could be. And if you take it from one you might be taking it from all of them. So it does reflect because I've already had a lot of telephone calls and questions about this and so I've done some investigation on my own. If nobody would really mind, I really hate to do this, but I'd like to ask Mr. (Kurt) Nelson to come down. I'd like to ask him a question." Chair/Ruzicka: "Mr. Nelson." Mr. Nelson approached the podium. C/McManus: "Mr. Nelson, has you or your company, or any of your associates ever had Mrs. Schad or any family member of Mr. Schad's in their employ in the last year?" Mr. Nelson: "Yes, we have." C/McManus: "Thank you." OCTOBER 27, 1997 PAGE 5 PLANNING COMMISSION C/Goldenberg: "Mr. Chairman, if sitting within this Commission making decisions, I would ask to Commissioner Schad insists on with the intent of possibly be excused." C/McManus: "Me, too." Chair/Ruzicka: "Vice Chairman Schad." VC/Schad: "Many people who are running for office have taken money from this gentleman right there. And I don't see that I should be singled out as the one individual receiving money from this gentleman up here at the microphone." Kurt Nelson: "Mr. Chairman, could I, I mean I really didn't want to get involved in this. If I could just speak briefly." VC/Schad: "It's because of you that it has become involved." Chair/Ruzicka: "First of all, before we get into that, there's a difference between being on the payroll of a developer and receiving political contributions under the legal limit from a variety of people who happen to be developers. And if we can get that issue addressed properly, and the distinction made between the two, there's a difference between being on the payroll, in the employ of a developer and accepting political contributions, all of which were under the legal limit for those contributions." Kurt Nelson: "Yeah. What I would like to say, and I really need to be brief, and I think everybody here, at least on the dais, and I think probably everybody in this room, maybe not some of you watching at home, is probably aware of a great deal more of the detail of this. Inasmuch as the matter has been, I believe, turned over to the Fair Political Practices Commission, I think it would be a mistake for me to comment on behalf of my company very much further than I'm going to do right now except to say that everybody here on this dais and virtually everybody in the City of Diamond Bar whose opinion I and my company really care about knows about the relationship, what it was, when it stopped, what it was not. And for me to comment further at this time I don't think would serve any really good purpose. I'm terribly sorry to see you all struggling with this right now. I can tell you that, to the best of my ability, the best of my understanding, you can probably take care of the present matter before you right now but if you choose not to, that's between you five gentlemen. I don't want to comment too much further since the FPPC will be involved. All of you know how I feel and you know what my company's stance was on this several months ago. All of you do. If, perhaps, the best thing would be in the course of the FPPC investigation, if any one of you or two of you or however many would not be a violation of the Brown Act, would like to get together with Commissioner Schad and myself and any other representative of my company, that would be best. I really wish I had something really articulate to offer to clear this up, but you know where I stand. Hell, everybody with access OCTOBER 27, 1997 PAGE 6 PLANNING COMMISSION to the Internet knows where I stand, and my company. I'm so sorry that it's come to this and unless you have any further questions I think it's probably best that I sit down." Chair/Ruzicka: "Thank you very much, Mr. Nelson. Commissioner McManus and Commissioner Goldenberg, I don't want you to leave until you are sure that this is the action we should take. We do have issues before us that can be completed. I believe that in any case, whether Mr. Schad is, however that case is handled, I believe if enough is said about where the rest of us are at on this issue, I don't believe our integrity will be compromised when we make this decision. I believe we can make decisions on the other items that don't pertain to this particular item and move on and keep the work going of this Commission. It would be shameful to jeopardize the hard work we've done for a long time - for the past year, almost - working on the Development Code because of this issue. I think we can continue working, but that decision will have to be yours." C/McManus: "Yes. I believe there's an old cliche that if you lie down with dogs you get fleas. There's no question anymore as to whether Mr. Schad's family took the money and whether or not he lied. Even if he took it (the money) , if he hadn't lied, that would be another issue. The problem I have at this point as Mr. Fong was pointing out, when we sit up here we're suppose to have integrity and we should be as unimpeachable as we can possibly be. At this point in time, we have a member that has definitely tainted the Commission and I agree that we need to move forward with this stuff, but the problem is, that one person refuses to step down and we're all tainted with that thing. We're all painted with the same brush. Everybody here knows that because they've been involved in politics long enough to know that that's the way it works. Whether you like it or not, that's the way it works. So, my decision stands that if he stays, I go." C/Goldenberg: "I have to issue Commissioner McManus's sentiments." Chair/Ruzicka: "Commissioner Schad, I guess it's up to you. Do you intend to continue in this meeting tonight? If you do, we will lose two Commissioners." VC/Schad: "What are your plans, Mr. Chairman." Chair/Ruzicka: "My plans I don't think are relevant. You have to make the decision, sir." VC/Schad: Well, I'm going to remain." At 7:45 p.m., Commissioner McManus and Commission Goldenberg left the dais in protest of the continued participation of Vice Chairman Schad. OCTOBER 27, 1997 PAGE 7 PLANNING COMMISSION Chair/Ruzicka: "Let the record also reflect that the Chairman is remaining not because of the fact that he believes one way or the other on the issue. The Chairman believes that that issue will take its own course. and I do not intend for anyone to question my integrity and I do not intend for anybody to intimidate me or threaten me with any type of information that I am either in or on the payroll of anybody whether he's a developer or has an issue before this Commission. If that can't be stated any stronger, that's the reason why I'm in this campaign for elected office because one of the current sitting Council Members has tainted this City with his brand of dishonesty. And now it's rubbing off on the good work we could all be doing for this City." Chair/Ruzicka asked for a motion regarding Planned Sign Program No. 97-2. C/Fong moved, Chair/Ruzicka seconded, to approve Planning Sign Program No. 97-2. The motion was carried 2-0-1 with the following Roll Call vote: AYES: COMMISSIONERS: Fong, Chair/Ruzicka NOES: COMMISSIONERS: None ABSTAIN: COMMISSIONERS: VC/Schad ABSENT: COMMISSIONERS: Goldenberg, McManus CONTINUED PUBLIC HEARINGS: 1. vesting Tentative Tract map No. 50314, Conditional use Permit No. 96-1, Oak Tree Permit No. 96-1 and Zone Change 96-1 (pursuant to Code Sections Title 21, and Title 22.56.215, 22.26 Part 16 and 22.16 Part 2) are requests to approve a 15 lot subdivision on approximately 44 acres. The average lot size will be 2.92 acres. Six of the proposed lots are part of two approved tracts. Therefore, VTTM 50314's development will result in a net increase of 13 residential lots. The project site is within Los Angeles County Significant Ecological Area No. 15. The Zone Change will convert the current zoning of R- 1,200 and A-2-2 to R-1-40,000. (Continued from October 14, 1997) . Project Address: Southeast of the most, southerly intersection of Steeplechase Lane and Wagon Train Lane. Project Owner/Applicant: Kurt Nelson, Windmill Development, 3480 Torrance Boulevard, Suite 300, Torrance, CA 90503 Staff recommends that the Planning Commission continue the public hearing for VTTM 50314, Zone Change No. 96-1, Conditional Use Permit No. 96-1, Oak Tree Permit No. 96-1 and Mitigation Monitoring Program and EIR No. 97-1 (SCH 96- 0711104). At 7:50 p.m., VC/Schad left the dais. OCTOBER 27, 1997 PAGE 8 PLANNING COMMISSION Chair/Ruzicka asked VC/Schad if he was recusing himself from this item. There was no response for the record. Chair/Ruzicka asked for advise with respect to continuing this matter. DCM/DeStefano stated that the Commission has lost its quorum and its ability to discuss this matter. Chair/Ruzicka asked if the Commission can continue to discuss any other items on the agenda. DCM/DeStefano stated the Commission may not continue unless VC/Schad returns to the dais thus restoring a quorum. RECESS: Chair/Ruzicka recessed the meeting at 7:55 p.m. RECONVENE: Chair/Ruzicka reconvened the meeting at 8:13 p.m. DCM/DeStefano explained that due to lack of quorum, the Commission does not have the ability to make any decision regarding Continued Public Hearing Item No. 1. Therefore, staff recommends that the Commission move to the next item on its agenda. 2. Draft Development Code (Zoning Code Amendment 2CA 97-1 and Negative Declaration No. 97-3). Review of all Articles of the Draft Development Code, Draft Subdivision Code, and Draft Design Guidelines. Staff recommends that this matter be continued to the November 12, 1997 Planning Commission meeting. Robert Zirbes, a Diamond Bar resident, said he has participated with the Commissioners on the Draft Development Code over the past few months. He indicated he came to tonight's meeting prepared to work toward the document's finality. However, he is somewhat surprised by what has occurred this evening. He recommended that the Development Code be held over until a full Commission is present because of its importance to the City of Diamond Bar. Don Gravdahl concurred with Mr. Zirbes that the Development Code is an important agenda item and if there is any kind of cloud over this Commission, the matter should be continued to the next meeting with the full Commission present. VC/Schad moved, C/Fong seconded, to continue the Draft Development Code discussion to November 12, 1997. The motion was carried 3-0. PUBLIC HEARINGS - None PLANNING COMMISSION ITEMS: OCTOBER 27, 1997 PAGE 9 PLANNING COMMI55IUN DCM/DeStefano asked for consideration of the following meeting dates for the Planning Commission: November 12, 1997, November 25, 1997, December 9, 1997 and December 23, 1997. Following discussion, the Commission concurred to continue discussion of November and December meeting dates at its regularly scheduled November 12, 1997 meeting. C/Fong asked for status of the proposed relocation of the Australian Tea Leaf tree at the Shell Station site on the northwest corner of Diamond Bar Boulevard at Brea Canyon Road. DCM/DeStefano responded that staff will research the matter and advise the Commission. INFORMATIONAL ITEMS: SCHEDULE OF FUTURE EVENTS as listed in the agenda. ADJOURNMENT: There being no further business to come before the Planning Commission, Chair/Ruzicka adjourned the meeting at 8:28 p.m. to Wednesday, November 12, 1997 at 7:00 p.m. in the South Coast Air Quality Management District Auditorium. Respectfully Submitted, /s/ James DeStefano James DeStefano, Secretary Attest: /s/ Joe Ruzicka Joe Ruzicka Chairman MINUTES OF THE CITY OF DIAMOND BAR REGULAR MEETING OF THE PLANNING COMMISSION NOVEMBER 12, 1997 CALL TO ORDER: Chairman Ruzicka called the meeting to order at 7:08 p.m. in the South Coast Air Quality Management Auditorium, 21865 East Copley Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Steve Tye. ROLL CALL: Present: Chairman Ruzicka, and Commissioners Fong and McManus Absent: Commissioner Goldenberg Also Present: Deputy City Manager James DeStefano and Associate Planner Ann Lungu. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None CONSENT CALENDAR: 1. Minutes of October 14 and 27, 1997. C/McManus moved, C/Fong seconded, to approve the minutes of October 14, 1997 and October 27, 1997 as submitted. The motion was carried 3-0. OLD BUSINESS - None NEW BUSINESS - None CONTINUED PUBLIC HEARINGS: 1. Vesting Tentative Tract map No. 50314, Conditional use Permit No. 96-1, Oak Tree Permit No. 96-1 and Zone Change 96-1 (pursuant to Code Sections Title 21, and Title 22.56.215; 22.26 Part 16 and 22.16 Part 2) are requests to approve a 15 lot subdivision on approximately 44 acres. The average lot size will be 2.92 acres. Six of the proposed lots are part of two approved tracts. Therefore, VTTM 50314's development will result in a net increase of 13 residential lots. The project site is within Los Angeles County Significant Ecological Area No. 15. The Zone Change will convert the current zoning of R- 1,200 and A-2-2 to R-1-40,000. (Continued from October 14, 1997). Project Address: Southeast of the most southerly intersection of Steeplechase Lane and Wagon Train Lane. NOVEMBER 12, 1997 PAGE 2 PLANNING COMMISSION Project Owner/Applicant: Kurt Nelson, Windmill Development, 3480 Torrance Boulevard, Suite 300, Torrance, CA 90503 Staff recommends that the Planning Commission continue the public hearing for VTTM 50314, Zone Change No. 96-1, Conditional Use Permit No. 96-1, Oak Tree Permit No. 96-1 and Mitigation Monitoring Program and EIR No. 97-1 (SCH 96- 0711104) to December 9, 1997. There was no one present who wished to speak on this item. C/McManus moved, C/Fong seconded, to continue Vesting Tentative Tract Map No. 50314, Conditional Use Permit No. 96- 1, Oak Tree Permit No. 96-1 and Zone Change 96-1 to December 9, 1997. The motion was carried 3-0. 2. Draft Development Code (Zoning Code Amendment 2CA 97-1 and Negative Declaration No. 97-3). Review of all Articles of the Draft Development Code, Draft Subdivision Code, and Draft Design Guidelines. DCM/DeStefano presented staff's report. Staff recommends that the Planning Commission discuss the information contained within the staff report addressing sign regulations, adult business regulations, view protection and Negative Declaration No. 97-3 and continue discussion of this item to November 25, 1997. Chair/Ruzicka recommended that staff analyze 750 feet to determine if that separation standard would be a sufficient number of feet to accommodate this land use. The Commission concurred. DCM/DeStefano stated staff will bring a proposed Ordinance before the Commission for its consideration as well as, the 750 foot analysis. Steve Tye asked if with the 500 foot limitation the Corporate Center is prevented from accommodating adult businesses. DCM/DeStefano responded that the Corporate Center is prevented from having these types of businesses because it is not an industrially zoned area. Mr. Tye asked what would happen if a church wished to locate in the immediate area of an existing adult business. DCM/DeStefano stated that if the existing adult business was legally established it is considered to be non -conforming and may remain in place if a church chooses to move into the immediate area. DCM/DeStefano confirmed Mr. Tye's statement that because the accommodating land use zone is confined to 13 City acres, it NOVEMBER 12, 1997 PAGE 3 PLANNING COMMISSION does not mean that an adult business could consume the entire 13 acre area. Mr. Tye commented that it will be easier for the City to prevent adult businesses from entering the City than to remove them after the fact and he asked the Commission to provide the most restrictive ordinance possible at the outset. He asked the Commission to consider City's enacted ordinances as well as, other City's pursuits of eliminating adult business. Clyde Hennessee asked if the proposed ordinance can exceed the City's boundaries for enforcement purposes. DCM/DeStefano stated that the proposed ordinance is confined to the City of Diamond Bar. Mr. Hennessee asked how the City of Los Angeles is able to limit the number of liquor stores that can be built in certain areas. He said he is concerned about stores that offer drug related paraphernalia locating in the City. DCM/DeStefano stated that stores offering drug related paraphernalia is a different type of land use from adult businesses. DCM/DeStefano explained that whether or not a business is considered an adult business is dependent upon the percentage of business related materials offered for public consumption such as the amount of adult magazines or adult videos offered at a liquor store, for instance. With respect to on-site and off-site alcoholic beverage sale, staff is considering a land use ordinance appropriate to Diamond Bar. DCM/DeStefano responded to C/McManus that in order to determine proper land use, City code enforcement personnel and under -cover Sheriff's Department officers are frequently dispatched to locations within the City to inquire about products and services. DCM/DeStefano talked about the changes included in the Hillside Management Ordinance and the corrections to the Draft Development Code Articles. Chair/Ruzicka asked that Item A. under Exemptions on the October 29, 1997 revision Page III -162 be corrected to.read in accordance with the change requested by the Planning Commission at its August 26, 1997 meeting. The correct wording reads as follows: (inserted from the August 26 1997 meeting minutes, Page 4, Paragraph 6) "Trees, except those designated by the City Council as a historical or cultural tree, and trees required to be preserved, relocated or planted as a condition of approval of a discretionary permit, located on all developed properties prior to adoption of this Development Code." NOVEMBER 12, 1997 PAGE 4 PLANNING COMMISSION DCM/DeStefano stated that staff intends to present the Commission with a completed Draft Development Code for discussion and action on November 25, 1997. There was no one present who wished to speak on the Development Code. C/Fong moved, C/McManus seconded, to continue the Draft Development Code discussion to November 25, 1997. The motion was carried 3-0. PUBLIC HEARINGS - None PLANNING COMMISSION ITEMS: Responding to C/Fong, DCM/DeStefano explained that the Shell Service Station at the northwest corner of Brea Canyon Road and Diamond Bar Boulevard was unable to relocate or replace the Tea Tree with the same species of tree as recommended by the Planning Commission. C/Fong expressed his disappointment that the South Pointe developer was unable to provide oak trees for the CalPoly Pomona campus park project. DCM/DeStefano responded that as a result of a private agreement, Mr. Arciero agreed to have Valley Crest remove trees to the CalPoly site. However, when the project was sold to Standard Pacific, the details of the arrangement were left out of the sales agreement and the remaining trees were found to be unsuitable for relocation. C/McManus congratulated Chair/Ruzicka on running a good campaign for City Council. The City Council's loss is the Planning Commission's gain. INFORMATIONAL ITEMS: DCM/DeStefano presented the Metricom Ricochet Micro -Cellular Data Network report for informational purposes only. He advised the Commission that the City Council will at a future Council meeting consider entering into a contract to permit this type of use within the City's public right-of-way. DCM/DeStefano responded to Chair/Ruzicka that this provider will not replace current provider systems. DCM/DeStefano announced the November 20, 1997 East San Gabriel Valley Planning Committee dinner. The presentation topic is "big box" retail in the San Gabriel Valley. He asked interested Commissioners to register by Friday, November 14, 1997. DCM/DeStefano announced that the City received Planning Commissioner Schad's written resignation from the Planning Commission at 4:00 p.m. today, November 12, 1997. NOVEMBER 12, 1997 PAGE 5 PLANNING COMMISSION SCHEDULE OF FUTURE EVENTS as listed in the agenda. ADJOURNMENT: There being no further business to come before the Planning Commission, Chair/Ruzicka adjourned the meeting at 8:50 p.m. to Tuesday, November 25, 1997 at 7:00 p.m. in the South Coast Air Quality Management District Auditorium. Respectfully Submitted, /s/ James DeStefano James DeStefano, Secretary Attest: /G/ Tc�P R„�icka Joe Ruzicka Chairman CITY OF DIAMOND BAR INTEROFFICE MEMORANDUM TO: Mayor Herrera and Councilor ember Ansari FRO1"M: Linda G. Magnuson—,< ,ssistant Finance Director SUBJECT: voucher Register, December 16, 1997 DATE: December 11, 1997 Attached is the Voucher Register dated December 16, 1997. As requested, the Finance Department is submitting the voucher register for the Finance Committee's review and approval prior to its entry on the Consent Calendar. 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 December 16, 1997 have been reviewed, approved, and recommended for payment. Payments are hereby allowed from the following funds in these amounts: Z&D NO_ 001 010 FUND DESC'RTPTTnN General Fund Library Services Fund AMOUNT $194,020.43 112 Prop A Fund -Transit Fund54.56 115 Int Waste Management Fund 660.00 1,529.53 118 125 Air Quality Improvement Fund 81.79 CDBG Fund 126 COPS Fund 5,939.34 138 LLAD #38 Fund 129.63 139 LLAD #39 Fund 8,055.37 141 LLAD #41 Fund 6,156.40 250 CIP Fund 416.24 341,049.24 TOTAL ALL FUNDS $558,092.53 APPROVED.BY: Linda G. Macon son Assistant Finance Director 'Terrence L. Belanger City Manager Carol Herrera Mayor Eileen R. 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Belanger, City Manager TITLE: Exoneration of Cash Deposit in Lieu of Grading Bond (Faithful Performance, Labor & Material) for 23504 Ridgeline Road. SUMMARY: Consider exoneration of Cash Deposit in Lieu of Grading Bond for improvement security in accordance with the Subdivision Map Act. This grading and retaining wall project for tennis court has been completed and was finaled on December 4, 1997. RECOMMENDATION: That the City Council approve the exoneration of Cash Deposit in Lieu of Grading Bond (Account No. 07423-01725 - Bank of America) in the amount of $1890.00 and direct the City Clerk to notify the Principal and Surety of this action. LIST OF ATTACHMENTS: X Staff Report _Public Hearing Notification _ Resolution(s) _ Bid Specification (on file in City Clerk's Office) _ Ordinances(s) _ Other: _ Agreement(s) EXTERNAL DISTRIBUTION: 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: KEVIEWED BY: KN_�, Terrence L. Belan e City Manager James DeStefan Deputy City Manager N/A Yes No Majority N/A _ Yes _ No N/A _ Yes _ No N/A _Yes _ No David G. Liu Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: December 16, 1997 TO: Honorable Mayor and Members of the City Council FROM: Terrence L.Belanger, City Manager SUBJECT: Exoneration of Cash Deposit in Lieu of Grading Bond (Faithful Performance, Labor & Material) for 23504 Ridgeline Road ISSUE STATEMENT Consider exoneration of Cash Deposit in Lieu of Grading Bond for improvement security. RECOMMENDATION That the City Council approve the exoneration of Cash Deposit in Lieu of Grading Bond (Account No. 07423-01725 - Bank of America) in the amount of $1890.00 and direct the City Clerk to notify the Principal and Surety of this action. FINANCIAL SUMMARY This action has no fiscal impact on the City. BACKGROUND In accordance with Section 66462 of the Subdivision Map Act, the City entered into agreement with Mr. and Mrs. Ling to complete grading and retaining wall improvements for proposed tennis court at 23504 Ridgeline Road. The owners guaranteed faithful performance of this agreement by posting with the City a cash deposit in lieu of a grading bond for Grading Improvements. This grading and retaining wall project for tennis court has been completed and was finaled on December 4, 1997 by Gino Nguyen from Bryan Stirrat & Associates. DISCUSSION The following bond is recommended for exoneration: Account Number: 07423-01725, Cash Deposit in Lieu of Grading Bond Amount: $1890.00 Reason: This grading and retaining wall project for tennis court has been completed and was finaled on December 4, 1997. PREPARED BY.• ROSE MANELA CITY OF DIAMOND BAR _ AGENDA REPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: December 16, 1997 REPORT DATE: December 10, 1997 FROM: Terrence L. Belanger, City Manager TITLE: Grand Avenue Shoulder Striping, Eastbound between Montefino Avenue and Diamond Bar Boulevard. SUMMARY: Grand Avenue, eastbound between Montefino Avenue and Diamond Bar Boulevard has been experiencing safety concerns for those who turn left from westbound Grand Avenue onto the various business complexes located along the south side of Grand Avenue. When Grand Avenue is congested during peak hours, some motorists who travel eastbound on Grand Avenue cross Montefino Avenue and/or the Fire Station create a "third lane". The result is potential visibility and traffic safety concerns for motorists attempting to make left - turn movements. The creation of a cross hatch area (8 feet wide painted shoulder) will establish a restricted area and the necessary enforcement mechanism for the Sheriff Department. RI -COMMENDATION: That the City Council approve the recommendation to install cross hatch striping between the driveways of the Fire Station and the Public Library and the driveways of the Public Library and Century 21 . LIST OF ATTACHMENTS: X Staii'Report _ Public Hearing Notification Resolutions) Bid Specification (on file in City Clerk's Office) Ordinarces(s) x Other October 9, 1997 Traffic and Transportation A�,-reement(s) Commission Minutes F\TFRNAL DISTRIBUTION. SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney'? Does the report require a majority or 4/5 vote? Has environmental impact been assessed'' 4. 1 -las the report been reviewed by a Commission? Which Commission" Are other departments affected by the report' Report discussed with the following affected departments: RFVIF`VED BY .I I Terrence I Bel g r Iles DeStclar o City Mana�,er Deputy City Manager N/A _ Yes— No Majority N/A _ Yes _ No N/A _ Yes No N/A _ Yes _ No avid G. Liu Deputy Director of Public Works Gll Y GVUPIGiL KL' YVltl AGENDA NO. MEETING DATE: December '16, 1997 TO: Honorable'Mayor and Members of the City Council FROM: Terrence L.Belanger, City Manager SUBJECT: Grand Avenue Shoulder Striping, Eastbound between MonteCmo Avenue and Diamond Bar Boulevard. ISSUE STATEMENT To prohibit motorists from creating a "third lane" on eastbound Grand Avenue between Montefino Avenue and Diamond Bar Boulevard. RECOMMENDATION That the City Council approve the recommendation to install cross hatch striping between the driveways of the Fire Station and the Public Library and the driveways of the Public Library and Century 21. FINANCIAL SUMMARY The striping will be funded by the 1997-1998 Marking and Signing funds. BACKGROUND/DISCUSSION On October 9, 1997, the Traffic and Transportation Commission discussed and recommended the feasibility of installing cross hatch striping between the driveways of the Fire Station and the Public Library and between the driveways of the Public Library and Century 21. The Public Works Division received a request from Century 21 to prohibit motorists from creating a "third lane" on eastbound Grand Avenue between Montefino Avenue and Diamond Bar Boulevard. This request is based on the need to increase the safety of those who turn left from westbound Grand Avenue onto the various business complexes located along the south side of Grand Avenue. When Grand Avenue is congested during peak hours, some motorists who travel eastbound on Grand Avenue cross Montefino Avenue and/or the Fire Station creating this "third lane". The result of this is potential visibility and traffic circulation restriction for motorists attempting to make left -turn from westbound Grand Avenue onto the buisness complexes. The visibility of those travelling eastbound on Grand Avenue may also be restricted, resulting in the inability to see motorists who attempt the left -turn movement. A two-year (1996 and 1997) collision report was obtained from Walnut Sheriff Department. The focus was on collisions which occurred on Grand Avenue between Montefino Avenue and Diamond Bar Boulevard. Particular attention was given to those collisions which occurred as a result of failure to yield. Of the seven (7) accidents which occurred, two (2) were in 1996 and five (5) occurred in 1997. The two accidents in 1996 occurred in July and October. In 1997, one accident occurred in April and an6ther in August, and three (3) accidents occurred in September. Staff observed the east and westbound Grand Avenue traffic movements during peak hours on several occasions. Some motorists indeed create a "third lane" on Grand Avenue east of Montefino Avenue. When they reach Diamond Bar Boulevard, several were observed to turn right heading southbound on Diamond Bar Boulevard, others were observed to turn right into the Lucky's Shopping Center and some cut-off through Grand Avenue traffic. Based on staff's obervation and the number of collisions that occurred, staff and the Traffic and Transportation Commission recommends that motorists be restricted from creating this "third lane" by installing cross hatch stryping between the driveways of the Fire Station and the Public Library and the driveways of the Public Library and Century 21. This mitigation measure will create a shoulder of 8 feet in width, prohibiting motorists from creating a "third lane". (See attached striping plan). Also, bots -dots could be placed with the cross hatched striping as a physical reminder to motorists of the shoulder, not a through lane. This will create an enforceable mechanism for the Sheriff Department. The use of "Keep Clear" zones is not feasibile for use for private driveways. Diamond Bar has kept a strict interpretation for the application of "Keep Clear" zones, under CVC Section 22526 cited as the Anti -Gridlock Act of 1987 (see Attachment A), only in front of Fire Stations and intersections containing 3 or more intersecting street legs. Use of the "Keep Clear" zone on Grand Avenue in front of the Public Library and Century 21/Medical Dental Plaza driveways is not recommended for this reason as well as practicality purposes. Installing "Keep Clear" zones for these private driveways on Grand Avenue may create a false sense of security for motorists attempting to make left -turn movements from the westbound Grand Avenue lanes. Also, enforcement for violating the "Keep Clear" zone would be difficult in addition to the limitations it would create on the eastbound Grand Avenue lanes' stacking capacity. This creation of a "third lane" is occuring over certain sections of Grand Avenue, both eastbound and westbound. This is due to a number 2 lane (curb lane) width of 20 feet which cars are abusing in attempts to create this "third lane". Cross hatching to create shoulders is not recommended over the entire length of Grand Avenue. Future mitigation possibilities would be to re -align lane widths (widening the number 1 lane - the inside lane - and reducing the number 2 lane) or to designate Grand Avenue as a Class H Bikeway (Bike Lane striped). Re -alignment would entail the widening of the number 1 lane and reduction of the number 2 lane widths. The traffic loops would also have to be relocated. This option would need to be thoroughly evaluated by a Trafic�,Engineer. Currently, Grand Avenue is signed as a Class III Bikeway (Bike Route). The City would need to review the Circulation Element and re-evaulate/designate Grand Avenue as a Class II Bikeway (Bike Lane). Creating a bike lane effectively reduces the width of the number 2 lane as well as creates an enforceable mechanism for the Sheriff Department. Prepared By: David G. LiulRose E. Manela I ftl � kc ✓ t A tiy o f� ca om cC cdi': a qa � to cz cOD 5°. p, • q� Q ,�j Cat " _ y Uy " •e a q t G ., m o E o 'j •= %. no 6 . 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"H m' 4'"r r �y'7r •.. . n ,t ti : �� A� _;�i � pQ,:. •o •� O^�i:.+�;� m � �, �+ o � "m c�:• pc o fAc,...r p,S t. �.ro� •�„¢ o. R {fit •c+ ' a�ad•:. cV� m �; S• a r,,.q� � q�� ��. OCTOBER 9, 1997 PAGE 2 T&T COMMISSION L NBUSINESS: A. Prohibition of 1 "third lane" creation on eastbound Grand Avenue between Montefino Avenue and Diamond Bar Boulevard. DDPW/Liu presented staffs report. Staff recommends that the Traffic and Transportation Commission concur with staffs recommendation to forward the City Council the installation of cross hatch striping between the driveways of the Fire Station and the Public Library and between the driveways of the Public Library and Century 21 E -N. Jack New, Century 21 E -N, 1081 S. Grand Avenue, said his building and the adjacent medical building are the only commercial businesses in Diamond Bar that have a single ingress/egress. He emphasized the traffic congestion in front of his building at peak hours as well as, the treacherous situation caused by motorists who create a third lane on the south side of Grand Avenue in front of his building between Montefino Avenue and the in of the Lucky Shopping Center. He asked the Commission to consider installation of cross hatch striping as recommended by staff. Rosa Gastelum, 2177 Indian Creek Road, said she has had many close encounters entering and exiting her business location at 1081 S. Grand Avenue She asked the Commission to provide a means for people to safely enter and exit the driveway. Sgt. Rawlings stated that "keep clear" areas are typically installed at law enforcement or fire station frontages. He indicated that a "keep clear" area would apply to traffic exiting the center as well as, tragic on the street DDPW/Liu stated staff reviewed several alternatives to the recommended cross hatching. Staff is looking at the possibility of upgrading Grand Avenue from a Class III to a Class I1 Bikeway which would incorporate a bicycle lane. Larry Black, Century 21 E -N and Diamond Bar resident, stated that his business location is the sole commercial business on Grand Avenue that has only one entrance. He said that he believes a "keep clear" area would discourage motorists from forming a third lane of traffic. OCTOBER 9, 1997 PAGE 3 T&T COMMISSION C/Istik moved, C/Nice seconded, to concur with staffs recommendation to t install cross hatch striping between the driveways of the Fire Station and the Public Library and between the driveways of the Public Library and Century 21 E-N. The motion was approved 4-0 with the following Roll Call vote: AYES: COMMISSIONERS: Istik, Nice, Morris, Chair/Leonard a NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: VC/Virginkar f DDPW/Liu stated this matter will likely appear on the November 18, 1997 City Council agenda. B. School Safety/Traffic Study update - Receive and filed. VII. ST US OF PREVIOUS A ION ITEMS: DDPW/Li tated the following ite were approved by the City uncil at its October 7, 19 meeting: Plans and S cifications for the traffic sig installation on Diamond Bar Bo vard at Gentle Spring Lane and for the traffic signal tallation on Golden Springs R d at Calbourne Driv . Construction is tentatively sch pled for mid December, 1997. �4 VIII. TEMS FROM COMMISS NERS: C/Ist asked that the matter of cross atching and/or oth remedies for the westbou Grand Avenue commercial t Ic be discussed as future agenda item. Chair/Leonar sked that the matter of "The untry Estates" ing ss/eZ-) on Grand Avenue at Sunup t 'dge Drive be discussed as a Lire agenda item. IX. ITEMS FROM STAF - None X. FORMATIONAL ITEM A. Traffic and TransporGitioj onimission's Goals and bjectives. DD /Liu stated that to date he h received the list of goals d objectives G° from th e Commissioners. Staff will ovide a matrix of the pro sed Goals and Object es for discussion at a future eeting. SEE. SH. SS -4 TCHHLINE ST0. ._, 9.4+00 II I I ,I I i I I I I i ` I I CJJ ISI I cD I + I O I I O 1 i � 1 1 10' 11. 1 0' i 1 I 150 50 11 $. i 5, 14' �5, i g' 1 � I + ' 1 I o STA. 96+12-43 1 i .33 0 DOUBLE0 W74 RIS 7' ' I I 96+40 I I, STA. 96+52.43 0 ' I END DOUBLE YE LOW 1 112 10' i JOIN EXISTING CURB JOIN EXISTING C RB o I Cc m r*'1 �I7 cc DI I � I I I 1 :D fTl -}- D O Z112 10 i STA. 97+32.43 STA. 97+32.43 1I J01 EXISTING CURB END TAPER i 111' 10-10, ' I_ 1 97+40 97+32 -� 1 I W11 R63 1 I I i CITY OF DIAMOND BAR AGENDA 14LEPORT AGENDA NO. TO: Honorable Mayor and Members of the City Council MEETING DATE: December 16, 1997 REPORT DATE: December 11, 1997 FROM: Terrence L. Belanger, City Manager TITLE: Reservation of Transportation Development Act (TDA) Article 3 (SB 821) Bicycle and Pedestrian Funds Allocation for Fiscal Year 1997-98. SUMMARY: For Fiscal Year 1997-98, the Los Angeles County Metropolitan Transportation Authority allocated $23,124 to the City of Diamond Bar for the construction of various pedestrian and bicycle -related facilities and projects. To date, the City has reserved a total of $43, 362 (Fiscal Years 1995-96 and 1996-97). The Fiscal Year 1997-98 allocation of $23,124 will bring the City's SB 821 fund balance to $66,486. The City of Diamond Bar is permitted to accumulate funds for use in Capital Improvement projects. At this time, it is recommended that the Fiscal Year 1997-98 allocation be reserved for future use. RECOMMENDATION: That the City Council reserve the City's $23,124 TDA Article 3 (SB 821) allocation for Fiscal Year 1997-98. LIST OF ATTACHMENTS: X_ Staff Report — Public Hearing Notification REVIEWED BY: Terrence L. Be] er ames DeStefano avid G. Liu City Manager Deputy City Ma ager Deputy Director of Public Works — Resolution(s) — Bid Specification (on file in City Clerk's office) — Ordinance(s) —Other: — Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been — Yes — No 2. 3. 4. reviewed by the City Attorney? N/A Does the report require a majority vote? Majority Has environmental impact been assessed? N/A Has the report been reviewed by a Commission? -X— Yes — Yes — Yes — No — No — No Which Commission? N/A 5. Are other departments affected by the report? N/A — Yes — No Report discussed with the following affected departments: REVIEWED BY: Terrence L. Be] er ames DeStefano avid G. Liu City Manager Deputy City Ma ager Deputy Director of Public Works CITY COUNCIL REPORT AGENDA NO. MEETING DATE: December 16, 1997 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Reservation of Transportation Development Act (TDA) Article 3 (SB 821) Bicycle and Pedestrian Funds Allocation for Fiscal Year 1997-98. ISSUE STATEMENT: Reservation of the City's $23,124 Transportation Development Act (TDA) Article 3 (SB 821) money allocated for Fiscal Year 1997-98. RECOMMENDATION: That the City Council reserve the City's $23,124 TDA Article 3 (SB 821) allocation for Fiscal Year 1997-98. FINANCIAL SUMMARY: The recommended action has no financial impact on the City's Fiscal Year 1997-98 budget. BACKGROUND/DISCUSSION: The Transportation Development Act (TDA) provides two major sources of funding for public transportation: the Local Transportation Fund (LTF) , which has been in existence since 1972 (SB 325), and the State Transportation Assistance (STA) fund which came into being in 1980. Revenues to the LTF are derived from 1/4 cent of the 8.25 cent retail sales tax collected statewide. The 1/4 cent is returned by the State Board of Equalization to each county according to the amount of tax collected in that county. Revenues to the STA are derived from statewide sales tax on gasoline and diesel fuel. On annual basis, the Los Angeles County Metropolitan Transportation Authority (MTA) allocates TDA Article 3 (SB 821) funds to local jurisdictions. For Fiscal Year 1997-97, approximately $4,500,000 of TDA Article 3 (SB 821) funds are available to local jurisdictions in Los Angeles County, $600,000 of which are for cities in San Gabriel Valley. The MTA has allocated $23,124 to the City of Diamond Bar based on a per - capita basis. Page Two TDA Article 3 (SB 821) Allocation: FY 97-98 December 16, 1997 TDA Article 3 (SB 821) funds are to be used for various bicycle and pedestrian -related improvement projects which promote of public transit alternatives, and encourage the construction, retro -fitting, and/or improvement of local and regional bicycle and pedestrian facilities. To date, the City of Diamond Bar has reserved with MTA a total of $43,362 (Fiscal Years 1995-96 and 1996-97). This year's reserve of $23,124 brings the City's total fund balance to $66,486. Reserved funds must be claimed by the fourth June 30 from the date they were made available by the MTA. Once claimed, the City has two years to expend or obligate the funds by signed contract. The City may request for a one-year extension. Exceptions to this lapsing policy may be made by the MTA on a case-by- case basis for jurisdictions banking their annual allocations for future use for specific projects. Staff has identified the Brea Canyon Road Streetscape Improvements Project (between Fountain Springs Road and Cool Springs Drive) to be partially funded by SB 821 monies. At this time, it is recommended that the $23,124 allocated to the City along with the $43,362 be reserved for this project. The City is permitted to accumulate funds, which it has done in the past, to use on Capital Improvement projects. Prepared By: David G. Liu/Tseday Aberra .�4 4 c - rx '+ 1. 'ff#TY" w ;ABRIEL VALLEY CITIES -PUBLIC WORK iiRECTORS CUETO, PROJECT MANAGER SAN GABRIEL VALLEY ARIA TEAM ASCIAL YEAR 1997-98 TRANSPORTATION 7EVELOPMENT ACT ARTICLE 3 LOCAL FUNDS. ;.4 y of the claim form for FY 1997-98 Transportation �'nt Act (TDA) Article 3 Local Funds. This year, there are a-ely S600,000 in TDA Article 3 Local funds available to cities in the ei Valley for the construction of bicycle and pedestrian facilities. -.,-ds are allocated to each city on a per -capita basis. tat .either draw down the funds, or place them on reserve with the r else they will lapse and be reallocated in the following fiscal year. All r Forms need to be received by the MTA no later than June 30, 1998 in to prevent the funds from lapsing. Also, cities can only draw down funds tr. _y will be fully expended by June 30, 1998. Any funds which remain nexpended, along with accumulated interest, as of the end of the fiscal year _C�also subject to lapse and reallocation. ,lid you need further assistance, please call me at (213) 922-3052. A , rre c.aart<. documentstikesUdaWrr CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. J TO: Honorable Mayor and City Council MEETING DATE: December 16, 1997 REPORT DATE: December 8, 1997 FROM: Terrence L Belanger, City Manager TITLE: Extension of contract for annual financial auditing services which include quarterly procurement and cash disbursements audits. SUMMARY: On March 7, 1995 the City Council awarded a three year contract for annual auditing services including procurement and cash disbursements audits. The contract was awarded to Conrad and Associates, L.L.P. The audit periods contracted for were fiscal years 1994-95, 1995-96, and 1996-97. The fiscal year 1996-97 annual audit has just been completed. When the audit RFP process was conducted it was anticipated that the City may extend the contract for an additional two fiscal years. The firm has submitted a proposal to continue the contract for fiscal years 1997-98 and 1998-99. There has been no increase in amount proposed for the FY 1997-98 contract and a 2% cost of living adjustment proposed for FY 1998-99. RECOMMENDATION: It is recommended that the City Council approve the contract extension with Conrad and Associates, L.L.P. for auditing services including quarterly procurement and cash disbursement audits at a cost not to exceed $24,000 for FY1997-98 and $24,480 for FY1998-99. Authorize and direct the Mayor to execute said agreement. LIST OF ATTACHMENTS:_ Staff Report a Public Hearing Notification _ Resolution(s) _ Bid Specification (on file in City Clerk's office) Ordinance(s) X Other: Contract Amendment Agreement(s) SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been reviewed _ Yes _ No by the City Attorney? 2. Does the report require a majority vote? X Yes _ No 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 R / EW�ED R DEPARTMENhT� HEAD: Terrence L. Belanger Frank M. Ush'&r,7 Linda G. Magnu' n City Manager Deputy City Manager Asst. Finance Director PROFESSIONAL SERVICES AGREEMENT This Agreement is made and entered into this 7th day of March 1995, between the City of Diamond Bar, a municipal corporation (hereinafter referred to as "CITY") and Conrad & Associates (hereinafter referred to as "AUDITORS"). A. Recitals (i) CITY has heretofore issued its Request for Proposal ("RFP") pertaining to the performance of professional services with respect to the financial and compliance auditing services (hereinafter referred to as "auditing services"). (ii) AUDITORS have now submitted their proposal for the performance of such services, a full, true and correct copy of which is on file with the CITY and by this reference made a part hereof. (iii) CITY desires to retain AUDITORS to perform auditing services necessary to render advice and assistance to CITY, CITY Council and staff. (iv) AUDITORS represent that they are qualified to perform such services and are willing to perform such auditing services as hereinafter defined. NOW, THEREFORE, it is agreed by and between CITY and AUDITORS as follows: A. Agreement Definitions: The follow definitions shall apply to the following terms, except where the context of this Agreement otherwise requires: (a) Auditing Services: The performance of auditing services described in the RFP, but not limited to the preparation of reports and documents, the presentation, both oral and in writing, of such reports, and 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 auditing services. (b) Scope of Auditing Services: The scope of the auditing services are included in this Agreement by reference to the RFP and Conrad & Associates proposal. (c) CM: The cost of auditing services. is included by reference to Exhibit A, which includes a fixed fee for each component section of the annual audit and quarterly reviews, plus hourly rates for additional work. (d) Completion of Audit Services: The date of completion of all phases of the auditing services, including any and all procedures, documents, reports and meetings is included in Conrad & Associates proposal. Time limits set forth may be extended upon written approval of the CITY. 3050H (e) Term of Encasement: The basic term of this engagement shall be for the years ended June 30, 1995, 1996 and 1997. CITY and AUDITORS may mutually agree to extend the agreement to fiscal years ended June 30, 1998 and 1999 if cost to the CITY does not exceed a CPI increase not to exceed 3% annually of the preceding years maximum amount. 2. AUDITORS agree as follows: (a) AUDITORS shall forthwith agree to undertake and complete the auditing services in accordance with the RFP and Conrad & Associates proposal, hereto and all in accordance with Federal, State and CITY statutes, regulations, ordinances and guidelines, all to the reasonable satisfaction of CITY. (b) AUDITORS shall supply copies of all reports and documents (hereinafter collectively referred to as "reports") in such numbers as are required by the CITY. (c) AUDITORS shall, at AUDITORS' sole cost and expense, secure and hire such other persons as may, in the opinion of AUDITORS, be necessary to comply with the terms of this Agreement. In the event any such other persons are retained by AUDITORS, AUDITORS hereby warrants that such persons shall be fully qualified to perform services required hereunder. AUDITORS further agrees that no subcontractor shall be retained by AUDITORS except upon the prior written approval of CITY. 3. CITY agrees as follows: (a) To pay AUDITORS a fixed fee, based on reference to the hourly rates set forth in 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 indirect costs and fees, including the work of employees, consultants and subcontractors to AUDITORS. Payment to AUDITORS, by CITY, shall be made in accordance with the schedule set forth below. (b) Payments to AUDITORS shall be made by CITY in accordance with the invoices submitted by AUDITORS, on a monthly basis, and such invoices shall be paid within a reasonable time and when invoices are received by CITY. All charges shall be in accordance with auditing services Agreement either with respect to hourly rates or lump sum amounts for individual tasks. In no event, however, will said invoices exceed 95% of individual task totals described in Exhibit A. (c) AUDITORS agree that, in no event shall CITY be required to pay to AUDITORS any sum in excess of 95% of the maximum payable hereunder prior to receipt by CITY of all final reports, as described herein acceptable in form and content to CITY. Final payment shall be made not later than 60 days after presentation of final reports and acceptance thereof by CITY. -2- (d) Additional services: Payments for additional services requested, in writing, by CITY, and not included in auditing services Agreement, shall be paid on a reimbursement basis in accordance with the fee schedule set forth in Exhibit A. 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. CITY agrees to provide to AUDITORS: (a) Information and assistance as set forth in the RFP and Conrad & Associates proposal. (b) Photographically reproducible copies of records, reports and other information, if available, which AUDITORS consider necessary in order to complete the project. (c) Such information as is generally available from CITY files applicable to the engagement. (d) Assistance, if necessary, in obtaining information from other governmental agencies and/or private parties. However, it shall be AUDITORS' responsibility to make all initial contact with respect to the gathering of such information. 5. Ownership of Documents: All documents, data, studies, surveys, copies and reports other than working papers obtained and/or prepared by AUDITORS pursuant to this Agreement shall be considered the property of CITY and, upon payment for services performed by AUDITORS, such reports and other identified materials shall be delivered to CITY by AUDITORS. AUDITORS may, however, make and retain such copies of said reports and materials as AUDITORS may desire. Working papers shall be maintained for a minimum of three years and made available to CITY for review upon written, reasonable request by CITY or other governmental agencies furnishing federal funding to the CITY. 6. Termination: This Agreement may be terminated by CITY upon the giving of a written "Notice of Termination" to AUDITORS at least thirty (30) days prior to the date of termination specified in said notice. In the event this Agreement is so terminated, AUDITORS shall be compensated at AUDITORS' applicable hourly rates as set forth in Exhibit A, on a prorata basis with respect to the percentage of the Engagement completed as of the date of termination. In no event, however, shall AUDITORS receive more than the maximum specified in paragraph 3(a), above. AUDITORS shall provide to CITY any and all documents, data, studies, surveys, copies and reports other than working papers, whether in draft or final form, prepared by AUDITORS as of the date of termination. Working papers shall be made available to CITY for review upon written, reasonable request by CITY. AUDITORS may not terminate this Agreement except for cause. -3- 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 the persons primarily responsible for the performance by the parties under this Agreement: City Manager City of Diamond Bar 21660 E. Copley Drive Suite 100 Diamond Bar, CA 91765-4177 Michael Harrison, Partner Conrad & Associates 1100 Main Street Suite C Irvine, CA 92714 Any change in this designation shall be made known to AUDITORS by written notice. AUDITORS shall assign Michael Harrison as the "Engagement Partner", and Ken Al -Imam as the "Technical Review Partner" for services provided under this Agreement. Any change in this designator shall be made known to CITY by written notice. 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: AUDITORS 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 AUDITORS allow any subcontractor to commence work on a subcontract until all insurance required of the subcontractor has been obtained. AUDITORS shall take out and maintain at all time during the term of this Agreement the following policies of insurance. (a) Workers' Compensation Insurance: Before beginning work, AUDITORS shall furnish to CITY a certificate of insurance as proof 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. AUDITORS, prior to commencing work, shall sign and file with CITY a certification as follows: "I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation and 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". -4- (b) Public Liability and Property Damage: Throughout the term of this Agreement, at AUDITORS' sole cost and expense, AUDITORS shall keep, or cause to be kept, in full force and effect, for the mutual benefit of CITY and AUDITORS, comprehensive, broad form, general public liability and automobile insurance against claims and liabilities for personal injury, death or property damage arising from AUDITORS' activities, providing protection of at lease One Million Dollars ($1,000,000) for bodily injury or death to any one person or for any one accident or occurrence and at least One Million Dollars ($1,000,000) for property damage. (c) Errors and Ommissions: AUDITORS shall take out and maintain at all times during the life of this Agreement a policy or policies of insurance concerning errors and ommissions ("malpractice") providing protection of at least One Million Dollars ($1,000,000) for errors and omissions with respect to loss arising from actions of AUDITORS performing audit services hereunder on behalf of CITY. (d) General Insurance Requirements: All insurance required by express provisions 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 add as insureds, by endorsement, CITY, its elected and appointed officials, officers, employees, agents and representatives. AUDITORS shall furnish CITY with copies of all such policies promptly upon receipt of them, or certificate(s) evidencing the insurance. AUDITORS may effect for its own account insurance not required under this Agreement. 9. Indemnification: AUDITORS shall defend, indemnify and save harmless CITY, its elected and appointed officials, officers, employees, agents and representatives, from all liability from loss, damage or injury to persons or property, including the payment by AUDITORS of any and all legal costs and attorneys' fees, in any manner arising out of the negligent acts and/or omissions of AUDITORS pursuant to this Agreement, including, but not limited to, all consequential damages, to the maximum extent permitted by law. 10. Assignment: No assignment of the Agreement or of any part of obligation of performance hereunder shall be made, either in whole or in part, by AUDITORS without the prior written consent of CITY. 11. dependent Contractor: The parties hereto agree that AUDITORS and its employees, officers and agents are independent contractors under this Agreement and shall not be construed for any purpose to be employees of CITY. 12. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California. S72 13. Attorneys' 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. 14. 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 set forth on page 1 of this Agreement. CITY OF DIAMOND BAR Attest: Phyl is E. Papen, Mayor Date Lei a Burg�Cty7­11, Date CONRAD & ASSOCIATES �� a•. .3 z3 00l5 Michael A. Harrison, Partner Date Approvedvas to fo -6- SECTION H OUR HOURLY RATES AND MAXIMUM FEES TO PERFORM THIS ENGAGEMENT. The following is a summary of the estimated hours and a breakdown of the maximum fee (including out-of-pocket expense) for the engagement: Estimated Not to Exceed Amount Description of Services Hours 1995 1996 1997 City of Diamond Bar (including preparation and word processing of GPFS and GANN Limit Review Procedures) Single Audit Quarterly reviews (all 4 quarters) 320 $16,000 16,480 16,975 40 2,000 2,060 2,125 _4 3.200 3.300 3.400 VA t21.200 21,840 i 22.500 We would agree to a cost of living increase of 3% of the preceding years not to exceed fee for the June 30, 1998 and 1989 audit examinations. Estimated Level of Effort by Category on the Annual Audit Classification Hours % Partners 58 17% Senior Accountant 146 43% Staff Accountants 136 44 . U2 in The above not to exceed maximum fee include out-of-pocket expenses. Should the City desire additional services, the following quoted hourly rates would be in effect by classification for the entire three-year period: Classification Hourly Rate Partner 110 Manager 80 Supervisor 65 Senior Accountant 55 Staff Accountant 48 SECTION H. (Continued) The annual audit of the City of Diamond Bar and component units contemplate conditions satisfactory to completion of the examinations, including the City providing the auditors with trial balances with substantially all closing entries completed. Additionally, the City agrees to furnish subsidiary details of account balances and reconciliation of accounts to the general ledger. We understand that the City will provide maximum cooperation and schedule preparation for the auditors as set forth in the City's RFP. We also contemplate that the City will type confirmation requests and pull supporting documentation for our staff. If there are any changes in the scope of the audit; g, additional federal grant programs, substantial additional debt issuances, establishment of additional enterprise funds, refundings, etc., we would like to discuss these changes with the City Manager and the effect of these changes on professional audit hours and costs of the engagement. The City would not be responsible for additional costs relating to the audit unless such conditions were discussed with and communicated to the City Manager in advance and such additional assistance was agreed to by the City's City Manager. CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO.�- 0 TO: Terrence L. Belanger, City Manager MEETING DATE: December 16,1997 REPORT DATE: December 11, 1997 FROM: Kellee A Fritzal, Assistant to the City Manager TITLE: "Resolution 96 - 53D- A Resolution of the City of Diamond Bar Setting Forth Personnel Rules and Regulations Regarding the Payment of Salaries, Sick Leave, Vacations, Leaves of Absences and Other Regulations"; and, a FY 97-98 budget adjustment. SUMMARY: Modifications to Resolution No. 96-53 are proposed, including 1) authorizing an additional holiday, in FY 97-98 ( December 26, 1997 only) 2) deletion of a part-time Clerk -Typist position and addition of a full-time Secretary position, in the City Clerk's Office, 3) changing the title of the MIS Assistant to MIS Technician and making the position full-time (30 hours to 40 hours per week); and, 4) deleting an Administrative Intern position. Christmas Eve and Christmas Day, both designated holidays, fall on Wednesday and Thursday. Due to the very light demand for services over Christmas holiday, it is recommended that City offices also be closed on Friday, December 26. If the holiday is granted, notice will be given to Diamond Bar customers and clients to inform them that City Hall will be closed, from December 24th, 25th and 26th, with City Hall re -opening, on Monday December 29th. RECOMMENDATION: It is recommended that the City Council adopt 1) Resolution 96-53D, granting December 26, 1997 as an additional holiday in FY 97-98 and changing the title of the MIS Assistant to MIS Technician and 2) delete a part-time Clerk Typist and add a full-time Secretary in the CityClerk'sOffice, delete an Administrative Intern position in the City Manager's Office and make the MIS Technician a full-time postoion; and, allocate $45.00 to the appropriate department FY97-98 budgets. LIST OF ATTACHMENTS: X Staff Report _. Public Hearing Notification --X Resolution(s) _, Bid Specification _ Ordinance(s) _X _. Other: Budget Adjustment, Position Allocation Chart _ Agreementtsl EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the resolution, ordinance or agreement been NIA _-. Yes No reviewed by the City Attorney? 2. Does the report require a majority vote? N/A NIA _-. Yes No 3. Has environmental impact been assessed? N/A _ - Yes No 4. Has the report been reviewed by a Commission? _._ Yes X No Which Commission? 5. Are other departments affected by the report? X Yes No Report discussed with the following affected degartm n.Finance REVIEWED BY: *n�cB ger City Manager Frank M. Usher Kellee A. Fritzal Deputy City Manager Assistant to the City Manager CITY COUNCIL REPORT AGENDA NO. _ MEETING DATE: December 16,1997 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: "Resolution 96-53D - A Resolution of the City of Diamond Bar Setting Forth Personnel Rules and Regulations Regarding the Payment of Salaries, Sick Leave, Vacations, Leaves of Absences and Other Regulations" and a FY 97-98 budget adjustment RECOMMENDATION: It is recommended that the City Council adopt Resolution 96-53D, granting December 26, 1997 as an additional holiday, for FY 97-98 only. Further, it is recommended that the Council approve the following position title and manpower modifications, with the corresponding budget adjustments. FINANCIAL SUMMARY: The approval of an additional holiday does not impact the FY 97-98 budget The estimated value of the additional holiday, which is $7,110 would be absorbed by the accumulated leave fund. The net cost of the personnel changes is $45.00. BACKGROU NDIDISCUSSION: This calendar year, Christmas Eve and Christmas Day, both designated holidays, fall on Wednesday and Thursday. Due to very light demand for services over the Christmas holiday, it is recommended that City offices be closed on Friday, December 26. If the holiday is granted, notice will be given to Diamond Bar customers and clients to inform them that City Hall will be closed December 24th, 25th and 26th, with City Hall will re -opening, on Monday, December 29. The estimated value of the additional holiday is $7,110, which would not impact the FY 97-98 budget The value of additional holiday would be absorbed by the accumulated leave fund. This extra holiday would apply to FY 97-98 only. Currently, the City has a part-time (30 -hour) MIS Assistant, who is responsible for electronic data processing based management information systems, including the internal MIS network, City -on -Line ( bulletin board system (BBS). To more accurately reflect the nature of the duties and tasks performed expected of MIS position, a change titre from MIS Assistant to MIS Technician is appropriate. In addition to the title change, the MIS operations would be efficient by making this part-time a full-time position. A part-time Administrative Intern wait assisting in with MIS operations. The Intern has been vacant Instead of two part-time MIS support positions, it is recommended that the Administrative Intern position, be eliminated and MIS Technician position be made full-time. The net cost is $5,165. The City Clerk currently has a part-time Clerk Typist position for the reception, general clerical and agenda related duties. The City Clerk's Office has recently instituted a computer-based records management system. The sophistication of this records management system require a higher skill and experience level for employees that have responsibility for the systems operation. In order to obtain this higher level of skill and experience, it is recommended that the part-time Clerk Typist position, which is vacant, be deleted; and instead, a full-time Secretary in the City Clerk Office be added. The net savings is $5,120. RESOLUTION NO. 96-53D RESOLUTION OF THE CITY OF DIAMOND BAR SETTING FORTH PERSONNEL RULES AND REGULATIONS REGARDING THE PAYMENT OF SALARIES, SICK LEAVE, VACATIONS, LEAVES OF ABSENCES, AND OTHER REGULATIONS THE CITY COUNCIL OF THE CITY OF DIAMOND BAR HEREBY RESOLVES, ORDERS, AND DETERMINES AS FOLLOWS: WHEREAS, the City Council has determined that it is necessary to the efficient operation and management of the City that rules and regulations be maintained prescribing sick leave, vacation, leaves of absences, and other regulations for the officers and employees of the City; and WHEREAS, it is necessary from time to time to establish comprehensive wage and salary schedules and to fix the rates of compensation to be paid to officers and employees of the City, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Diamond Bar, California, as follows: SECTION 1. COMPREHENSIVE WAGE AND SALARY PLAN There is hereby established a Comprehensive Wage and Salary Plan for employees of the City of Diamond Bar. The Comprehensive Wage and Salary Plan is designed to provide for a fair and efficient framework for the administration of wages and is based upon the recommendations of the City Manager. SECTION 2. SALARY SCHEDULE Pursuant to Ordinance 21 (1989), the Diamond Bar City Council hereby establishes the salaries and the various full-time positions of the City of Diamond Bar. As of the pay period which is paid on January 9, 1998, the compensation of the various classes of positions shall be as shown on Schedule A and B (attached). SECTION 3. FULL-TIME SALARY SCHEDULE GUIDELINES New employees shall be hired at the entry step or any step at the discretion of the City Manager and must successfully complete a one year probation period. At the end of six months, the employee will be given a performance evaluation and may be eligible for the next step. Every year thereafter, employees shall be given a performance evaluation and shall move to each successive step, so long as the employee's performance is satisfactory or above. RESOLUTION 96-53 D Page Two SECTION 4. PROBATION In an effort to monitor newly -hired employees, the probation period for newly -hired employees is one year. SECTION 5. MILEAGE REIMBURSEMENT Private automobiles are not to be used for the City business except as authorized. The City Manager may authorize such use at the reimbursement rate equal to that set forth by the Internal Revenue Service. Payments shall be based upon the most direct route to and from the destination, and garage and parking expenses shall be paid in addition to the current rate, upon submission of paid receipts. SECTION 6. HEALTH, DENTAL, VISION, LIFE, DEFERRED COMPENSATION, LONG TERM DISABILITY AND UNEMPLOYMENT INSURANCE. All full-time employees and designated permanent part time employees are eligible to receive group health, dental, vision, life, deferred compensation, disability insurance and unemployment insurance within the City's group insurance carrier(s), with the administrative cost and premiums paid by the City to a maximum established in Section 7, after 30 days of employment. Dependents of employees are eligible for health, dental and vision insurance. SECTION 7. FRINGE BENEFIT PACKAGE An employee benefit program is authorized wherein all officers, full-time employees and designated permanent part-time have a choice of medical and/or fringe benefits, as described in Section 6, in an amount not to exceed $620.00 a month, paid by the City. A. Employees, defined as Management shall receive an additional $30.00 per month to be applied as described in Section 6. B. All employees shall participate in the Life, Dental and Vision Insurance programs. The City shall pay the cost of the employee in addition to the benefit program described in Section 6 or Section 7(A). Monies in excess of the City's 457 Plan shall be paid off annually during each December. C. All eligible employees may participate in the City's 401(A) deferred compensation plan. SECTION 8. PART-TIME EMPLOYMENT Hourly compensation for the various part-time positions shall be as set forth in Schedule B (attached). RESOLUTION 96-53 D Page Three SECTION 9. STATUS OF EMPLOYMENT All employees serve under the City Manager, pursuant to Government Code Section 34856. Per Government Code Section 36506, nothing in these rules and regulations shall be construed to provide employees with any tenure or property interest in employment. SECTION 10. PUBLIC EMPLOYEES' RETIREMENT SYSTEM - DEFERRED COMPENSATION The City of Diamond Bar shall pay the employee contribution of said employee salary to the State Public Employees' Retirement System (PERS) as deferred income. SECTION 11. PAY PERIODS The compensation due to all officers and employees of the City shall be on a bi-weekly basis. SECTION 12. PAY DAYS Warrants or checks in the payment of compensation shall be made available by the City to employees and officers of the City on the Friday succeeding the close of any given pay period. In an event that pay day falls on a holiday, all warrants or checks in payment of compensation shall be made available to the City employee on the last work day preceding the holiday. SECTION 13. WORKING HOURS AND OVERTIME A. Eight (8) hours, exclusive of lunch period, shall constitute a day's work for all full time employees. B. The official work week of the City of Diamond Bar shall be five (5) working days of eight (8) hours each. It shall be the duty of each Department Head to arrange the work of their Department so that each employee therein shall not work more than five (5) days in each calendar week. The City Manager may require an employee to temporarily perform service in excess of five (5) days per week when public necessity or convenience so requires. C Whenever an employee, other than an Management employee, shall be required to work overtime, beyond 40 hours per week, such person shall receive compensation for such overtime worked at one and one-half (1 1/2) times the regular rate of pay, provided they have completed a full 40 hour work week. RESOLUTION 96-53 D Page Four D. Any full time employee, other than an Management Team Member, who is required to work on an observed holiday beyond the regular 40 hour work week, shall be entitled_to pay at the rate of two (2) times the regular rate of pay provided they have worked a 40 hour work week. E. There is nothing contained within this Section to exclude the City from implementing a 4- 10 Plan at their option. SECTION 14. ANNUAL VACATION A. A full time employee, after twelve (12) months continuous service with the City of Diamond Bar, shall be entitled to a vacation of ten (10) work days per year, to be accrued at a rate of 3.08 hours per pay period. YEARS OF SERVICE VACATION ACCRUAL 1 - 5 10 days 6-10 15 days 11 & Up 20 days B. Vacation time may be accumulated to a maximum of twenty (20) days (160 hours). The City Manager may approve vacation time accruals exceeding twenty (20) days. C. The total vacation allowance shall be computed to the nearest whole day, based upon the number of full months of City service. D. In the event one or more municipal holidays follow accumulated vacation leave, such days shall not be charged as vacation leave and the vacation leave shall be extended accordingly for those employees eligible for such holidays. E. An employee shall take vacation at such time during the calendar year based upon due regard to the needs of the employee's services and the work schedule. F. Vacation shall be taken during the year following which the vacation privilege has been earned. G. The time set for the vacation of the City Manager shall be subject to the approval of the City Council. H. Employees who terminate shall be paid the salary equivalent to all accrued vacation earned after one (1) year of service has been completed, prior to the effective date of termination. RESOLUTION 96-53 D Page Five I. All vacation requests shall be made at least ten (10) days in advance and prior approval must be given by employee's supervisor and Department Head. J. If an employee does not request time off in advance and simply does not show up for work, the City Manager may deny the use of vacation time or other benefit for the time off, and said employee is subject to disciplinary action including discharge. K. Management employees, for the purpose of accrual, shall be credited with previous municipal experience, up to five (5) years of service. SECTION 15. SICK LEAVE A. Sick leave with pay shall be accrued by full-time employees at a rate of 3.08 hours per pay period. B. After six (6) months of continuous service the employee is eligible to use sick leave. C. Unused sick leave may be accumulated to a maximum total not to exceed 160 hours. Absence or illness may not be charged to sick leave if not already accrued and/or accumulated. D. Each full time employee shall be paid one-half (1/2) of the unused balance of the annually accrued sick leave, accrued during a given accrual year, when the then annual accrual results in sick leave in excess of the maximum allowable accumulation of 160 hours. The sick leave payout shall only apply to the amount which is in excess of the maximum allowable accumulated amount of 160 hours. The annual accrued sick leave, over the maximum accumulation, shall be paid once a year, at the employee's current wage at the time of payment. Said payment is to be made on the first day in December, or at such other time as the City Manager may determine, at his/her absolute discretion, as appropriate. E. Sick leave shall be allowed only in case of necessity and actual sickness or disability of the employee or dependent family members, as determined by the City Manager. In order to receive sick leave with pay, the employee shall notify the Department Head prior to or within two (2) hours after the time set for beginning daily duties. The City Manager may, if he/she deems necessary, require the employee to file a Physician's Certificate or a Personal Affidavit stating the cause of absence. F. Sick leave shall not accrue to any employee for any month in which that employee is on unpaid leave and does not work a minimum of ten (10) eight (8) hour working days in any one month or combination thereof. RESOLUTION 96-53 D Page Six G. If an employee does not show up for work and does not call in within two hours, the City Manager may deny use of sick leave for the unauthorized time off, and employee is subject to disciplinary action. H. Employees using all accumulated sick leave may be deemed to have abandoned their employment. I• After five (5) years of service, when an employee retires, resigns or terminates in good standing, that employee will be paid all accumulated sick leave at a rate of one-half (1/2) of the employee's current rate of pay at his/her date of termination. SECTION 16. BEREAVEMENT LEAVE When circumstances are such and the City Manager determines that conditions warrant, three (3) paid bereavement leave days may be granted in the event of death of a relative of a full- time employee. "Relative" is defined as spouse, parents, children, step -children, brother, sisters, grandparents, grandchildren, half-brothers, half-sisters, aunts, uncles, or other individuals related by blood or marriage. SECTION 17. UNAUTHORIZED LEAVE If an employee does not show up ,or vrorl. fir three consecutive work days without notifying said employee's supervisor or Department Head, said employee shall be considered to have voluntarily terminated employment with the City. SECTION 18. ON-THE-JOB INJURY Whenever a person is compelled to be absent from employment with the City on account of injury arising out of or in the course of that employee's employment as determined by the Workers' Compensation Act, the employee may elect to apply pro -rated accrued sick leave, if any, to such absence to receive compensation of an amount of the difference between the compensation received under the Workers' Compensation Act and that employee's regular pay, not to exceed the amount of the employee's earned sick leave. An employee in such instance may also elect to use any earned vacation time in like manner after sick leave is exhausted. The City will pay the employee up to three (3) days of that employee's regular salary as it relates to an on- the-job injury and if not covered by Workers' Compensation. RESOLUTION 96-53 D Page Seven SECTION 19. JURY DUTY If a full-time employee is called for jury duty, such person shall receive regular pay while actually performing jury service, however, any amount received by such employee as payment for services as juror shall be reimbursed to the City. All mileage paid to the employee as a juror shall not be considered as a reimbursable item to the City. SECTION 20. ATTENDANCE Full time employees shall be in attendance at their work in accordance with the rules regarding hours of work, holidays, and leave. Departments shall keep attendance records of all employees. Absence of any employee without leave may result in possible disciplinary action, including discharge. SECTION 21. HOLIDAYS A. Holidays which fall on Saturday shall be observed on the preceding Friday, and holidays which fall on Sunday shall be observed on the following Monday. Paid holidays are only for the observed days. B. The City of Diamond Bar's observed paid holidays are as follows: ► . New Year's Day (January 1) 2. Washington's Birthday (observed the third Monday in February) 3. Memorial Day (observed the last Monday in May) 4. Independence Day (July 4) 5. Labor Day (observed first Monday in September) 6. Veteran's Day (November 11) 7. Thanksgiving Day 8. Day following Thanksgiving Day 9. Christmas Eve (December 24) 10. Christmas Day (December 25) IL Day following Christmas Dory (December 26, 1997 only) 12. Two (2) Floating Holidays SECTION 22. FLOATING HOLIDAYS A. Each full time employee is allowed two (2) floating holidays (8 hours each) per calendar year, January through December. B. Floating Holidays are not cumulative and must be used during the above period or said employee will lose the allocated hours. RESOLUTION 96-53 D Page Eight C. Each employee must submit a request in advance, and approval must be given by the employee's supervisor and Department Head. D. A full time employee is eligible to use a floating holiday after 30 days of continuous employment. E. Floating Holidays may be used in lieu of sick leave only if all other benefit time has been exhausted. SECTION 23. TRAINING PLAN The City Manager and employees of the City are eligible to request specialized training in the form of symposiums, special courses, forums, etc., at the City's expense. SECTION 24. LEAVE OF ABSENCE Leave of absence without pay may only be granted by the City Manager. SECTION 25. RESIGNATION An employee wishing to terminate employment in good standing shall file a written resignation with the City Manager stating the effective date and reasons for leaving, at least two (2) weeks prior to the resignation. Failure to give such notice shall mean the employee did not terminate in good standing, unless by reason of hardship and upon that employee's request, the City Manager has waived the two week notice requirement. SECTION 26. ANTI -NEPOTISM PROVISION A. Relatives of those listed below may not be employed anywhere in the City organization: 1. City Council Members; 2. Standing Board and Commission members; 3. Management Team Members of the City; 4. Employees of the City Manager's Department; or 5. Employees of the Personnel Department. B. The employment of a relative within a department is prohibited when they: 1. Perform joint duties; 2. Share responsibility of authority; 3. Function in the same chain of command; and 4. Work on the same shift at the same work site. RESOLUTION 96-53 D Page Nine C. For business reasons of supervision, safety, security or morale, the City may refuse to place one spouse under the direct supervision of the other spouse. D. For business reasons of supervision, safety, security or morale, an employer may refuse to place both spouses in the same department, division, or facility if the work involves potential conflicts of interest or other hazards greater for married couples than other persons. E. "Relative" means child, step -child, parent, grandparent, grandchild, brother, sister, half- brother, half-sister, aunt, uncle, niece, nephew, parent -in-law, brother -in law, sister-in-law, or another individual related by blood or marriage. F. "Employee" means any person who receives a City paycheck for services rendered to the City. SECTION 27. NON-DISCRIMINATION The City of Diamond Bar does hereby affirm to adopt and support a policy of non- discrimination with regard to all phases of personnel recruitment, selection and appointment. The City further declares that it will not exclude from participation in, deny the benefits to, or subject to discrimination any person on the basis of race, religion, nationality, sex, age or handicap, thereby affirming the City of Diamond Bar's posture as an equal opportunity employer. SECTION 28. EMPLOYEE PERFORMANCE EVALUATION APPEALS PROCEDURES It is the intent of the City to offer fair and equitable appeals procedures for employee's Performance evaluations. Below are the official guidelines. A. Employee and supervisor meet to review and discuss the employee's performance evaluation. B. The employee may respond in writing to the contents of the evaluation. This response must be submitted to the Department Head within five (5) working days immediately following the evaluation. C. The Department Head, as the reviewing official, shall respond in writing to the employee within five (5) working days. This response becomes an official part of the evaluation. D. If the employee chooses to continue to appeal following the response from the reviewing official, the employee must submit an additional written response to the Personnel Officer within five (5) working days after receipt of the reviewing official's response. RESOLUTION 96-53 D Page Ten E. The Personnel Officer shall review the evaluation appeal within five (5) days with the employee, supervisor and Department Head. Every effort will be made at this level to resolve the appeal. F. If the matter is not settled, a written appeal may be submitted to the City Manager by the employee within five (5) working days following the decision rendered in writing by the Personnel Officer. . G. The City Manager shall review the appeal with the employee, supervisor, Department head and Personnel Officer. The decision shall be rendered in writing within five (5) working days by the City Manager, and the decision of the City Manager shall be final. SECTION 29. POST OFFER PHYSICAL EXAMS All individuals who become a candidate for City employment must successfully pass a Post -offer physical and substance abuse exams and are subject to fingerprinting and a background investigation. The candidates being considered for employment will be sent to a City authorized physician at the City's expense. SECTION 30. EMERGENCY CALL -OUT POLICY The following Emergency Call -Out Policy shall be adhered to: A. When a full time employee or permanent part-time, other than an Management employee, is called out for a City emergency, the employee shall be given a minimum of two hours pay, regardless of the amount of time it takes to rectify the problem. B. The employee shall be paid overtime per Section 13. SECTION 31. ADMINISTRATIVE LEAVE Management employees are allowed two (2) days of administrative leave per fiscal year. Additional days of leave may be authorized by the City Manager, based on the number of total hours the individual works over and above 40 hours per week. A. Management employees do not receive paid overtime, and this leave is to recognize those employees who work over and above 40 hours per week. RESOLUTION 96-53 D Page Eleven B. Following is a list of Management Team Member positions: Assistant, City Manager Assistant to the City Manager Assistant Finance Director City Clerk City Engineer/Director of Public Works Deputy City Manager Deputy Public Works Director Director of Community Development Director of Community Services Accounting Manager Administrative Assistant Assistant Civil Engineer Assistant Planner Associate Engineer Associate Planner Community Relations Officer Community Relations Manager Secretary to the City Manager Secretary to the City Manager/Office Manager Senior Accountant Senior Engineer Senior Planner Superintendent of Parks & Maintenance C. Administrative leave may not be accumulated and carried over to the following year. It must be used by June 30 of each fiscal year. Leave may be granted in hourly increments. Requests shall be submitted to employee's immediate supervisor for approval, then forwarded to the City Manager for approval. Administrative leave will be authorized at the convenience of the City and the work schedule. SECTION 32. MEDICARE Pursuant to Revenue Billing 86-68 of the Internal Revenue Code, all employees hired after March 31, 1987 will have 1.45 percent of their base salary deducted from their paycheck to be paid to Medicare. The City will match the 1.45 percent as mandated by law. RESOLUTION 96-53 D Page Twelve SECTION 33. IMMIGRATION REFORM AND CONTROL ACT OF 1986 In compliance with the Immigration Reform and Control Act of 1986, all new employees must verify identity and entitlement to work in the United States by providing required documentation. SECTION 34. EXTENDED BENEFITS - COBRA The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) provides for the continuation of health care coverage to certain employees who terminated employment and beneficiaries of employees who die, become disabled or are divorced. Employees become eligible for continued coverage upon termination of service, whether voluntary or not (other than termination for gross misconduct), retirement or reduction in hours worked. For these employees and their dependents, continued coverage is available for 18 months, at their expense. SECTION 35. TUITION REIMBURSEMENT Subject to Council fiscal year budget authorization, each employee shall be entitled to reimbursement in the amount of $500 per fiscal year, for college -level or university -level educational courses (including tuition and related books), which have been approved by the personnel Officer or his/her designate as being job-related and of value to the City. Reimbursement under this Section is contingent upon the verification of the attainment of a letter grade of "C" or better, or in those cases where no letter grade is given, verification of completion of the course with a "Pass" or "Credit" grade and submittal of a receipt for registration bearing the name of the course, for which reimbursement is being requested. In the case of reimbursement for books for any approved/verified course; a syllabus, course reading list or course outline showing the book as being required for the course, plus a receipt bearing the title of the book shall be submitted. SECTION 36. PART TIME EMPLOYEES' RETIREMENT Effective July 1, 1991, part time, seasonal and temporary employees will be covered by a retirement system, under Social Security (OASDI). An employee's contribution rate shall be 6.2% on wages up to $61,200. The employer's tax rate is the same. Election workers and emergency workers are excepted from coverage, under this section. RESOLUTION 96-53 D Page Thirteen ADOPTED AND APPROVED THIS day of , 1997 Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar, do hereby Certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the following vote: day of , 1997, by the AYES: COUNCIL, MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: LYNDA BURGESS, City Clerk of the City of Diamond Bar CITY OF DIAMOND BAR Schedule A SALARY RANGES BY POSITION FY 1997-98 JOB TITLE A Receptionist 834 8.34 B 8.75 C D E F G 1,444.98 1,517.23 9.19 1,593.09 9.65 1,672.74 10.13 1,756.38 10.64 17,339.74 18,206.73 19,117.06 20,072.92 21,076.56 1,844.20 22,130.39 1,936.41 Jr. Clerk Typist 967 23,236.91 9.67 1,675.94 10.15 1,759.73 10.66 1,847.72 11.19 1,940.11 11.75 12.34 12.96 20,111.25 21,116.81 22,172.65 23,281.29 2,037.11 24,445.35 2,138.97 2,245.92 Community Services 967 25,667.62 26,951.00 Coordinator 9.67 1,675.94 10.15 1,759.73 10.66 1,847.72 11.19 11.75 12.34 12.96 20,111.25 21,116.81 22,172.65 1,940.11 23,281.29 2,037.11 24,445.35 2,138.97 2,245.92 Clerk Typist 25,667.62 26,951.00 1037 10.37 1,798.21 10.89 1,888.12 11.44 1,982.52 12.01 12.61 13.24 13.90 21,578.48 22,657.40 23,790.27 2,081.65 24,979.78 2,185.73 2,295.02 2,409.77 Account Clerk I 26,228.77 27,540.21 28,917.22 1037 10.37 1,798.21 10.89 1,888.12 11.44 1,982.52 12.01 12.61 13.24 13.90 21,578.48 22,657.40 23,790.27 2,081.65 24,979.78 2,185.73 26,228.77 2,295.02 2,409.77 Adminsh"ative 27,540.21 28,917.22 Analyst 1136 11.36 1,969.51 11.93 2,067.99 2,171.39 14.50 15.23 23,634.16 24,815.87 26,056.66 2,279.96 27,359.49 2,393.96 28,727.47 2,513.65 2,639.34 Secretary 30,163.84 31,672.03 1141 11.41 1,977.19 11-98 2,076.05 12.58 2,179.85 13.20 13.87 14.56 15.29 23,726.29 24,912.60 26,158.23 2,288.85 27,466.14 2,403.29 28,839.45 2,523.45 2,649.62 Account Clerk II 1141 30,281.42 31,795.49 11.41 1,977.19 11.98 2,076.05 12.58 2,179.85 2,288.80 13.87 14.56 15.29 23,726.29 24,912.60 26,158.23 27,466.14 2,403.29 2,523.45 2,649.62 28,839.45 Code Enforcement 1193 30,281.42 31,795.49 Officer 11.93 2,068.11 12.53 2,171.52 13.15 2,280.09 13.81 14.50 15.23 15.99 2,394.10 2,513.80 24,817.34 26,058.20 27,361.11 28,729.17 2,639.49 2,771.47 Parks Maintenance 30,165.63 31,673.91 33,257.60 Worker II 1203 12.03 2,085.34 12.63 2,189.61 13.26 2,299.09 13.93 14.62 15.35 16.12 25,024.10 26,275.31 27,589.08 28,968.53 2,414.04 30,416.96 2,534.75 2,661.48 2,794.56 Deputy City Clerk 1257 31,937.80 33,534.69 12.57 13.20 13.86 14.55 2,179.08 2,288.03 2,402.44 2,522.56 15.28 16. 2,648.69 2,7816.102 2,920.188 26,148.96 27,456.41 28,829.23 30,270.69 31,784.23 Administrative 33,373.44 35,042.11 Secretary 1257 12.57 13.20 13.86 14.55 15.28 2,179.08 2,288.03 2,402.44 16.04 16.5 2,522.56 2,648.69 2,781.12 2,920.18 26,148.96 27,456.41 28,829.23 30,270.69 31,784.23 33,373.44 35,042.11 CITY OF DIAMOND BAR Schedule A SALARY RANGES BY POSITION FY 1997-98 JOB TITLE A B C Administrative Assistant 1257 12.57 13.20 13.86 D E F G16.85 14.55 15.28 16.04 2,179.08 26,148.96 2,288.03 27,456.41 2,402.44 28,829.23 2,522.56 2,648.69 2,781.12 2,920.18 30,270.69 31,784.23 33,373.44 35 042. Management Information System 1257 12.57 2,179.08 13.20 13.86 14.55 15.28 16.04 16.85 (MIS) Technician 26,148.96 2,288.03 27,456.41 2,402.44 28,829.23 2,522.56 30,270.69 2,648.69 2,781.12 2,920.18 31,784.23 33,373.44 35,042.11 Engineering Technician 1519 15.19 2,633.35 15.95 16.75 17.59 18.47 19.39 20.36 31,600.25 2,765.02 33,180.26 2,903.27 34,839.27 3,048.44 36,581.24 3,200.86 38,410.30 39360.90 3,528.95 40,330.81 42,347.35 Planning Technician 1519 15.19 2,633.35 15.95 16.75 17.59 18.47 19.39 20.36 31,600.25 2,765.02 33,180.26 2,903.27 34,839.27 3,048.44 369581.24 3,200.86 38,410.30 3,360.90 3,528.95 409330.81 42,347.35 Community Relations Coordinator 1519 15.19 15.95 16.75 17.59 18.47 19.39 20.36 2,633.35 31,600.25 2,765.02 33,180.26 2,903.27 34,839.27 3,048.44 3,200.86 3,360.90 3,528.95 36,581.24 38,410.30 40,330.81 42,347.35 Secretary to the City Manager 1635 16.35 17.16 18.02 18.92 19.87 20.86 21.91 2,833.35 34,000.23 2,975.02 35,700.25 3,123.77 37,485.26 3,279.96 3,443.96 3,616.16 3,796.96 39,359.52 41,327.50 43,393.87 45,563.56 Assistant Civil Engineer 1635 16.35 2,833.35 17.16 18.02 18.92 19.87 20.86 21.91 34,000.23 2,975.02 35,700.25 3,123.77 37,485.26 3,279.96 39,359.52 3,443.96 39616.16 3,796.96 41,327.50 43,393.87 45,563.56 Assistant Planner 1635 16.35 17.16 18.02 18.92 19.87 20.86 2,833.35 34,000.23 2,975.02 35,700.25 3,123.77 3,279.96 3,443.96 3,616.16 21.91 3,796.96 37,485.26 39,359.52 41,327.50 43,393.87 45,563.56 Sec to the City Mgr/ Office Manager 1890 18.90 19.84 20.83 21.88 22.97 24.12 25.32 3,275.60 39,307.22 3,439.38 41,272.58 39611.35 3,791.92 3,981.51 4,180.59 4,389.62 43,336.21 45,503.02 47,778.17 50,167.08 52,675.43 Community Relations Manager 1897 18.97 19.92 20.92 21.96 23.06 24.21 25.42 3,288.38 39,460.55 3,452.80 41,433.58 3,625.44 43,505.25 3,806.71 3,997,05 4,196.90 4,406.74 45,680.52 47,964.54 50,362.77 52,880.91 Assistant to the City Manager 1897 18.97 3,288.38 19.92 3,452.80 20.92 21.96 23.06 24.21 25.42 39,460.55 41,433.58 3,625.44 3,806.71 3,997.05 43,505.25 45,680.52 47,964.54 4,196.90 4,406.74 50,362.77 52,880.91 Superintendent of Parks/Maintenance 1897 18.97 3,288.38 19.92 20.92 21.96 23.06 24.21 25.42 3,452.80 39625.44 3,806.71 3,997.05 4,196.90 39,460.55 41,433.58 43,505.25 45,680.52 4,406.74 47,964.54 50,362.77 52,880.91 CITY OF DIAMOND BAR Schedule A SALARY RANGES BY POSITION FY 1997-98 JOB TITLE A B C D E F G Senior Accountant 1897 18.97 19.92 20.92 21.96 23.06 24.21 25.4i- 3,288.38 3,452.80 3,625.44 3,806.71 3,997.05 4,196.90 4,406.74 39,460.55 41,433.58 43,505.25 45,680.52 47,964.54 50,362.77 52,880.91 Associate Planner 1987 19.87 20.86 21.91 23.00 24.15 25.36 26.63 3,444.32 3,616.54 3,797.36 3,987.23 4,186.59 4,395.92 4,615.72 41,331.84 43,398.43 45,568.35 47,846.77 50,239.11 52,751.06 55,388.62 Associate Engineer 1987 19.87 20.86 21.91 23.00 24.15 25.36 26.63 3,444.32 3,616.54 3,797.36 3,987.23 4,186.59 4,395.92 4,615.72 41,331.84 43,398.43 45,568.35 47,846.77 50,239.11 52,751.06 55,388.62 Transportation Planner 1987 19.87 20.86 21.91 23.00 24.15 25.36 26.63 3,444.32 3,616.54 3,797.36 3,987.23 4,186.59 4,395.92 4,615.72 41,331.84 43,398.43 45,568,35 47,846.77 50,239.11 52,751.06 55,388.62 Accounting Manager 2039 20.39 21.41 22.48 23.61 24.79 26.03 27.33 3,535.01 3,711.76 3,897.34 4,092.21 4,296.82 4,511.66 4,737.25 42,420.08 44,541.08 46,768.14 49,106.54 51,561.87 54,139.96 56,846.96 Senior Planner 2136 21.36 22.43 23.55 24.73 25.96 27.26 28.63 3,702.64 3,887.78 4,082.16 4,286.27 4,500.59 4,725.62 4,961.90 44,431.72 46,653.30 48,985.97 51,435.27 54,007.03 56,707.38 59,542.75 Senior Engineer 2136 21.36 22.43 23.55 24.73 25.96 27.26 28.63 3,702.64 3,887.78 4,082.16 4,286.27 4,500.59 4,725.62 4,961.90 44,431.72 46,653.30 48,985.97 51,435.27 54,007.03 56,707.38 59,542.75 Assistant Finance Director 2319 23.19 24.35 25.56 26.84 28.18 29.59 31.07 4,018.95 4,219.90 4,430.89 4,652.43 4,885.06 5,129.31 5,385.78 48,227.38 50,638.75 53,170.69 55,829.22 58,620.68 61,551.71 64,629.30 City Clerk 2319 23.19 24.35 25.56 26.84 28.18 29.59 31.07 4,018.95 4,219.90 4,430.89 4,652.43 4,885.06 5,129.31 5,385.78 48,227.38 50,638.75 53,170.69 55,829.22 58,620.68 61,551.71 64,629.30 Community Services Director 2319 23.19 24.35 25,56 : 26.84 28.18 29.59 31.07 4,018.95 4,219.90 4,430.89 4,652.43 4,885.06 5,129.31 5,385.78 48,227.38 50,638.75 53,170.69 55,829.22 58,620.68 61,551.71 64,629.30 Deputy PW Director 2571 25.71 26.99 28.34 29.76 31.25 32.81 34.45 4,456.27 4,679.08 4,913.04 5,158.69 5,416.62 5,687.46 5,971.83 53,475.25 56,149.01 58,956.46 61,904.29 64,999.50 68,249.47 71,661.95 Comm. Development Director 2985 29.85 31.34 32.91 34.56 36.28 38.10 40.00 5,174.27 5,432.98 5,704.63 5,989.86 6,289.36 6,603.82 6,934.01 62,091.22 65,195.78 68,455.57 71,878.35 75,472.26 79,245.88 83,208.17 CITY OF DIAMOND BAR Schedule A SALARY RANGES BY POSITION FY 1997-98 JOB TITLE A B C D E F G City Eng/Public Works Director 2985 29.85 31.34 32.91 34.56 36.28 38.10 40.00 5,174.27 5,432.98 5,704.63 5,989.86 6,289.36 6,603.82 6,934.01 62,091.22 65,195.78 68,455.57 71,878.35 75,472.26 79,245.88 83,208.17 Deputy City Manager 3172 31.72 33.31 34.97 36.72 38.56 40.49 42.51 5,498.49 5,773.41 6,062.08 6,365.19 6,683.45 7,017.62 7,368.50 65,981.86 69,280.95 72,745.00 76,382.25 .80,201.36 84,211.43 88,422.00 City Manager 3468 40.15 42.16 44.26 46.48 48.80 51.24 53.80 6,959.08 7,307.03 7,672.38 8,056.00 8,458.80 8,881.74 9,325.83 83,508.91 87,684.35 92,068.57 96,672.00 101,505.60 106,580.88 111,909.92 CITY OF DIAMOND BAR Schedule B SALARY RANGES BY POSITION FY 1997-98 PART TIME/ HOURLY JOB TITLE A B C D E F G Comm. Svcs Leader Community Svcs Leader II 5.37 5.79 7 7.37 7.89 8.41 Intern/Part-Time 8.31 8.84 .53 7.89 8.41 8.94 7'53 7.89 9.47 10.00 10.52 Parks Mice Helper 8.41 8.94 7.53 7.89 9.47 10.00 10.52 Transportation Clerk Clerk 8'41 8'94 8 59 9'02 9.47 10.00 10.52 Counter CferklCation Tech 9.47 9.94 13.43 14.10 10.44 10.14 11.51 14.81 15.55 16.32, 17.14 18.00 city Of Diamond Har Personnel Summary Fiscal Year 1997-98 FULL TIME POSITION 1996-97 997-9 -City Manager App roved Actual Proposed Approved -Assistant City Manager 1 1 1 1 -Deputy Clty Manager 1 1 0 0 -Community Develop.Dir 0 0 2 2 -Assistant Finance Director 1 1 0 0 -Dir.Of Community Services 0 0 1 1 -City Clerk 1 1 1 1 -Accounting Manager 1 1 1 1 -Deputy Public Works Director 1 1 0 0 -Assistant to City Manager 1 1 1 1 -Associate Planner 1 1 1 1 -Senior Planner 0 0 1 1 -Senior Engineer 1 1 1 1 -Senior Accountant 0 0 0 0 -Supt of Parks & Maint 1 1 1 1 -Secretary to City Manager 1 1 1 1 -Secretary to City Manager/Office Manager p 1 0 0 -Administrative Assistant 0 1 1 -Community Relations Officer 2 2 1 1 -Community Relations Manager 1 1 0 0 -Planning Technician 0 0 1 1 -Deputy City Clerk 0 0 1 1 -Administrative Secretary 1 1 1 1 -Secretary 3 3 3 3 -MIS Technician 0 0 2 1 -Assistant Planner 0 0 1 0 -Assistant Civil Engineer 1 1 0 0 -Code Enforcement Officer 1 1 1 1 -Maintenance Worker II 1 1 1 1 -Account Clerk II 1 1 1 1 -Community Services Coordinator 1 1 1 1 -Clerk Typist 1 1 1 1 Totals 1126 0 0 28 26 PART TIME POSITION 996-97 Approved Actual 1997-98 Proposed Approved -Administrative Assistant -Clerk Typist 1 1 1 1 -MIS Assistant 1 1 0 1 -Planning Technician 1 1 0 1 -Transportatin Clerk 1 0 0 0 -Comm. Serv.Coordntr. 1 1 1 1 -Comm. Serv. Leader II 2 1 1 1 -Comm. Serv. Leader 1 2 2 2 2 -Parks Maint.Helper 1 1 1 1 -Engineering Intern 5 5 5 5 -Planning Intern 1 1 1 1 -Adminstrative Intern 0 0 0 0 Totals — 18 16 2 1 14 19 DECEMBER 16, 1997 PAGE 10 Requested by: Chairman 6. NEW BUSINESS: None 7. AGENCY MEMBER COMMENTS: Items raised by individual Agency Members are for Agency discussion. Direction may be given at this meeting or the item may be scheduled for action at a future meeting. AGENCY ADJOURNMENT: RECONVENE CITY COUNCIL MEETING: 10. COUNCIL SUB -COMMITTEE REPORTS: 11. 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. 12. ADJOURNMENT: MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL n '0 FROM: TERRENCE L. BELANGER, CITY MANAGER r I ) RE: PRE-TAX PAYROLL DEDUCTION FOR MILITARY SERVICE CREDIT THROUGH CALPERS DATE: DECEMBER 16, 1997 RECOMMENDATION: It is recommended that the City Council adopt the Resolution, which establishes a pre-tax payroll deduction plan for service (military) credit purchases through CalPERS. DISCUSSION: The City Council recently approved an amendment to the City Manager's contract, which provides for the purchase of service (military) credits, through pre-tax payroll deductions. This resolution establishes the plan for accomplishing the purchase of service credits through the California Public Employees Retirement System. RESOLUTION 97- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ESTABLISHING A PRE-TAX PAYROLL DEDUCTION PLAN FOR SERVICE CREDIT PURCHASES THROUGH THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM WHEREAS, the Board of Administration of the California Public Employees' Retirement System (CaIPERS) at the April 1996 meeting approved a pre-tax payroll deduction plan for service credit purchases under Internal Revenue Code (IRC) section 414(h)(2); and WHEREAS, the City of Diamond Bar has the authority to implement the provisions of IRC section 414(h)(2) and has determined that even though implementation is not required by law, the tax benefit offered by this section should be provided to those employees who are members of CaIPERS; and WHEREAS, the City of Diamond Bar elects to participate in the pre-tax payroll deduction plan for all employees in the following CaIPERS coverage group(s): Miscellaneous - 70001 NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Diamond Bar, California, as follows: SECTION 1. That the City of Diamond Bar will implement the provisions of IRC section 414(h)(2) by making employee contributions for service credit purchases pursuant to the California State Government Code on behalf of its employees who ,are members of CaIPERS and who have made a binding irrevocable election to participate in the pre-tax payroll deduction plan. "Employee contributions" shall mean those contributions reported to CaIPERS which are deducted from the salary of employees and are credited to individual employee accounts for service credit purchases thereby resulting in tax deferral of employee contributions. SECTION 2. That the contributions made by the City of Diamond Bar to Ca1PERS, although designated as employee contributions, are being paid by the City of Diamond Bar in lieu of contributions by the employees who are members of CalPERS. SECTION 3. That the Employees shall not have the option of choosing to receive the contributed amounts directly instead of having them paid by the City of Diamond Bar to Ca1PERS. SECTION 4. That the City of Diamond Bar shall pay to Ca1PERS the contributions designated as employee contributions from the same source of funds as used in paying salary, thereby resulting in tax deferral of employee contributions. SECTION 5. That the effective date for commencement of the pre-tax payroll deduction plan cannot be any earlier than July 1, 1996, or the date the completed resolution is received and approved in Ca1PERS, whichever is later. SECTION 6. That the governing body of the City of Diamond Bar shall participate in and adhere to requirements and restrictions of the pre-tax payroll deduction plan by reporting pre-tax payroll deductions when authorized by Ca1PERS for those employees of the above stated Coverage Group(s) who have elected to participate in this plan. PASSED, APPROVED AND ADOPTED this day of __; 1997. Mayor I, LYNDA BURGESS, City Clerk of the City of Diamond Bar do hereby certify that the foregoing Resolution was passed, and approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the day of , 1997, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAINED: COUNCIL MEMBERS: ATTEST: LYNDA BURGESS, City Clerk of the City of Diamond Bar CITY OF DIAMOND BAR AGENDA REPORT AGENDA NO. TO: Terrence L. Belanger, City Manager MEETING DATE: December 16, 1997 REPORT DATE: December 10, 1997 FROM: James DeStefano, Deputy City Manager TITLE: AN APPEAL OF PLANNING COMMISSION RESOLUTION NO. 97-13, DENYING CONDITIONAL USE PERMIT NO. 97-3 SUMMARY: On October 17, 1997, Mohamad Salimnia filed an appeal regarding Planning Commission Resolution No. 97-13 which denied Conditional Use Permit (CUP) No. 97-3. CUP 97-3 was a request to sell beer and wine in an existing mini -mart at the Chevron gas station, located at 21324 Pathfinder Road. RECOMMENDATION: It is recommended that the City Council deny the appeal and uphold the decision of the Planning Commission. LIST OF ATTACHMENTS: X Staff Report _ Public Hearing Notification X Resolution(s) _ Bid Specification Ordinance(s) X Other EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: 1. Has the Resolution, ordinance or agreement been reviewed X Yes — No by the City Attorney? 2. Does the report require a majority or 4/5 vote? Majority 3. Has environmental impact been assessed? X Yes No 4. Has the report been reviewed by a Commission? X Yes No Which Commission? Planning Commission 5. Are other departments affected by the report? Yes X No Report discussed with the following affected departments: REV DbW4 Y: r Terrence L. Belang roes DeStefa City Manager Deputy City Manager CITY COUNCIL REPORT AGENDA NO. MEETING DATE: December 16, 1997 TO: Honorable Mayor and Members of the City Council FROM: Terrence L. Belanger, City Manager SUBJECT: Appeal of Planning Commission Resolution No. 97-13 denying a Conditional Use Permit (CUP 97-3) which would permit the sale of beer and wine in an existing mini -mart at the Chevron gas station at 21324 Pathfinder Road, Diamond Bar. ISSUE STATEMENT: The issue before the City Council is whether or not to affirm, modify or reverse the decision of the Planning Commission. RECOMMENDATION: It is recommended that the City Council deny the appeal and uphold the decision of the Planning Commission. FINANCIAL SUMMARY: N/A BACKGROUND/DISCUSSION: The applicant, Mohammed Salimnia, has requested approval of a Conditional Use Permit which would allow the sale of beer and wine within an existing gas station mini -mart. The project site is the Chevron gas station located at 21324 Pathfinder Road, at the southwest corner of Brea Canyon and Pathfinder Roads. It is within a Commercial Planned Development (CPD) zone and has a General Plan Land Use designation of Commercial Office (CO). On September 23, 1997, at a duly noticed public hearing, the Planning Commission considered Conditional Use Permit No_ 97-3, the application to sell beer and wine in an existing mini -mart at the Chevron gas station. The mini -mart is an ancillary use to the sale of gasoline at this location and only a small portion of the entire commercial operation of the gas station. The mini -mart is located in the eastern end of the service building. After receiving public comments, a presentation from the applicant's agent, and discussion, the Commission directed staff to prepare a resolution of denial regarding this application. On October 14, 1997, the Planning Commission voted unanimously to adopt Resolution No. 97-13 denying the Conditional Use Permit. On October 17, 1997, the applicant filed an appeal of the Planning Commission's decision with the City Clerk, pursuant to Section 22.60.200 of the Planning and Zoning Code. Section 23790.5 of the State Business and Professions Code prevents prohibiting the concurrent retailing of motor vehicle fuel and beer and wine for off -premise consumption where the retailing of each is otherwise allowed by the zoning ordinance. Therefore, beer and wine sales are allowed with the concurrent sale of motor vehicle fuel in certain zones with a Conditional Use Permit. Pursuant to Section 22.56.0 10 of the Planning and Zoning Code, a Conditional Use Permit is required in the case of a use which, because of characteristics peculiar to it, or because of size, process or type of equipment, or because of its location, requires special consideration relative to placement at specific locations in a zone or zones, to ensure proper integration with other existing or permitted uses in the same zone or zones. According to section 22.56.040 of the Planning and Zoning code, in order to be granted a Conditional Use Permit the applicant shall substantiate all of the following facts: A. That the requested use at the location will not: (1) Adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area; or (2) Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site; or (3) Jeopardize, endanger or otherwise constitute a menace to public health, safety or general welfare. B. That the project site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed within City ordinances, or as otherwise required in order to integrate the use with uses in the surrounding area. C. The project site is adequately served: (1) By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate; and (2) By other public or private service facilities as are required. In order to deny a Conditional Use Permit, the decision making body must find that at least one of these required findings of fact has not been substantiated. In denying Conditional Use Permit 97-3, the Planning Commission determined that the requested sale of beer and wine wound adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area in that the sale of alcoholic beverages is within 100 feet of the Diamond Bar High School and could, therefore attract the teenage students attending the school and may contribute to juvenile loitering and other illegal activities. According to public testimony, the gas station mini -mart is a gathering place for students from the adjacent high school as well as from other nearby schools. It is the opinion of the Planning Commission that the project will jeopardize, endanger or otherwise constitute a menace to public health, safety or general welfare through increased availability of beer and wine in close proximity to Diamond Bar High School, augmenting the opportunities for drinking and alcohol related criminal activities such as petty crimes, drunk driving, sale to a minor and armed robbery. The availability of beer and wine at this location is viewed as increasing the possibilities of disorderly conduct by adults and/or facilitating negative interaction with juveniles. The applicant is appealing the decision of the Planning Commission because they believe the Commission did not act correctly in denying their application. They feel that the CUP should have been granted since the proposed use is consistent with all zoning requirements and was initially recommended for approval by staff, with no objections from the Los Angeles County Sheriff Department or the administration of the adjacent Diamond Bar High School. The options available to the City Council are to : 1. Affirm the action of the Planning Commission, denying the Conditional Use Permit, or 2. Modify the action of the Planning Commission, or 3. Reverse the action of the Planning Commission and approve the Conditional Use Permit to sell beer and wine, or 4. Remand the issue back to the Planning Commission for further consideration with or without instructions. PREPARED BY: Susan Cole Planning Technician ATTACHMENTS: 1. Application; 2. Exhibits "A1" and "A2" - site plan and floor plan dated August 6, 1997; 3. Planning Commission Staff Report dated September 23, 1997 and draft Resolution of Approval; 4. Minutes of Planning Commission Meeting dated September 23, 1997 and October 14, 1997; 5, Planning Commission Resolution of Denial No. 97-13; 6. Correspondence from Mohamad Saliminia dated October 17, 1997. - - . CITY OF pTAvzU "� .SIL COMM I DEPARTMENT' FPL # -21660' uDrive ;Suit. 193 - - - Deposit 'Rectiptl/ `(909)396-5676. Fax (909:,861-311? F -- CONDITIONAL 'USE 1'ERkin* APPLICATION Record Owner Applicant Applicant's Agent SA-IMNIA MOHAMAD NAZARIAN GARO Namer �� FV T2 n nT TT c d- - INC. ---- Inst name first) (Last name first) (Last name first) AddressP•O•BOX 285 _ _,?� int PATNFTNIWE RD. 1160 N CRNTRATAVF. #208 City HOUSTON — .--J1kM)TDRA� t' Z;p TEXAS, 77001 1765 CA- 91202 Phone Phonc( % - Phonnee� )f R1 %0(1-396 W.- (64-0 NOTE: It is the applicant's responsibility to notify d,c Community Development Director in writing of any change of the principals involved during the processing of this case. (Attach separate shed, if necessary, including names, addresses, and signatures of members of partnerships, joint ventures, and directors of corporations.) Consent: I certify that I am the owner of the herein described prope and permit the applicant to file this request. 8 Signed -� Date (All record owners) e Certif=cation. I, the undersigned, hereby certify under penalty of perjury that the information herein provided is c rrect to the best of my know: dge. Print Name c A T >t T NTA -�� (Applicant or Agent) _ °,ten -= — = Date s /9 y;5 .Signed �--��. — - —(Applicant or Agent) - a .;z Location 2 L 1 (Street address or tract and lot number) HNM-DE ff 333 Zoning Previous Cases Present Use of Site Chevron Qas station w;th retail ttnre Use applied forSame with ABC lYcence-> for sale of hear wine. Proposed density (Units/Acres) Parlang Required Provided Standard 6 6 Compact Handicapped 1 1 Total 7 7 " CO nsln the r0 lot(s)Iparcel(A,- ovw 'p mp $ P Pow z - LEGAL•DESCRIPTTON (all , i -r Area devoted to structur F dscaPinS/fin sPace 1975 SQ FT N / A and Residential Project: (gross area) (No. of lots) Proposed density (Units/Acres) Parlang Required Provided Standard 6 6 Compact Handicapped 1 1 Total 7 7 ' r COIJIONAL USE PERMIT BURDEN OF pR,^ In addition to the information required in the application, the applicant shall substantiate to the satisfaction of the planning Commission, the following facts: A. That the requested use at the location proposed will not: 1. Adversely affect the health, peace, comfort or welfare of.persons residing or worldng in the surrounding area, or 2. Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site, or 3. Jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare. B. That the proposed site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed in this Title 22, or as is otherwise required in order to integrate said use with the uses in the surrounding area. i C. That the proposed site is adequately served: 1, By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate, and 2. By other public or private service facilities as are required. A. FOR 1.2 AND 3 The proposed additional use is a permitted addition to all similar facilities. It is a customary service provided by the majority of gas stations in a fair and competitive market. It is almost an essential part of the services provided and one business could be extremely affected and handicapped if,not allowed to compete with similar business without this capability. The requested additional permit will not require any additional grading, architectural or structural work, nor will it require an increase in the foot print of the existing structures. The impact of the proposed additional service is minimal in as much as this is only a small portion of the entire operations. The premises have a history of solid and trouble free management. The property is located conveniently, is well lit and secured. Other gas stations in the area? Churches and .... in the area? Liquor shops in the area? B. � —�=. The size of the property ism-)i)Acres. It is well organized with ample parking and all current code requirements. The proposed use will not require any change or modification in the existing layout or the structures. M The property is centrally located in the city and has an excellent access from the... V m Wig 74 ww VO Vlvr *nv..Ivx&mo V an -44 " *,wm 63a- RVIL va Ive Wamutuyd NYU site m "- # Nou4v4s =AIU mov"m -oar 1t"W.041 wa lad M, III* molmos;s• m ,owsm 9401 lad 00 - Nf r '-.4 6 Mw q wreorw M•tert UMOtiOK '' Ko sem' � LLQ — 'aV W3aN1zlKLVd t= P:9Tt-u NV1d f1001d NOUV4* 8O(AM NOU31 � JDBPOui 31= ONUAVH([ L b: � d 9- 91V L6. W V. 0 C,N0W V I )liii ' j AGENDA ITEM NUMBER: REPORT DATE: MEETING DATE: CASE/FILE NUMBER: APPLICATION REQUEST: PROPERTY LOCATION: PROPERTY OWNER: APPLICANT: SUMMARY City of Diamond Bar PLANNING COMMISSION Staff Report 7.1 September 18, 1997 September 23, 1997 Conditional Use Permit No. 97-3 To allow the sale of beer and wine in an existing mini -mart at the Chevron Gas Station 21324 Pathfinder Road; the southwest corner of Pathfinder Road and Brea Canyon Road Chevron U.S.A., Inc. P.O. Box 285 Houston, Texas 77001 Mohamad Salimnia 21324 Pathfinder Road Diamond Bar, CA 91765 The applicant is requesting a Conditional Use Permit to allow the sale of beer and wine at an existing mini -mart, inside the Chevron Gas Station at the corner of Pathfinder Road and Brea Canyon Road. The mini -mart is an ancillary use to the sale of gasoline at this location and only a small portion of the entire commercial operation of the gas station. The gas station is located in the Commercial Planned Development Zone (CPD) which conditionally permits the sale of beer and wine concurrent with the sale of motor vehicle fuel. The proposed additional use will not require any change or modification in the existing structure of the gas station and the current interior layout will not require any modification to accommodate the additional inventory. The proposed sale of beer and wine is not expected to generate the need for any additional parking. Staff recommends approval of the Conditional Use Permit, allowing the ancillary sale of beer and wine. BACKGROUND: The applicant, Mohamad Salimnia, is requesting approval of a Conditional Use Permit to allow the sale of beer and wine in an existing mini -mart at a Chevron gasoline station. The gas station is located at 21324 Pathfinder Road, at the southwest corner of Pathfinder Road and Brea Canyon Road. The gas station was approved by the County of Los Angeles in 1971 under PP 32253. In August 1995, Administrative Development Review No. 95-26 was approved to allow minor interior and exterior remodeling. The General Plan designation for this site is Commercial Office (CO) and the zoning designation is Commercial Planned Development (CPD). The proposed use is permitted in this zone subject to Sections 22.28.340.B and 22.28.110.A of the Los Angeles County Planning and Zoning Code which allows the sale of beer and wine, concurrent with the sale of motor vehicle fuel, with a Conditional Use Permit. Generally the following uses and zones surround the site: to the north, across Brea Canyon Road, is a Single Family Residence zone (R-1-8000); to the east is a Single Family Residence zone (R-1- 8000) which includes Diamond Bar High School; to the south is a Commercial Planned Development Zone (CPD); and to the west, across the #57 Orange Freeway, is a Residential Planned Development Zone (RPD -10,000 6U). The project site is a square-shaped lot (Parcel Map No. 1595) approximately .52 acres in size. It contains a 1670 square foot canopy area with gasoline pumps, and a 2000 square foot structure housing the service bays and the mini -mart. There are six standard parking spaces and one handicap parking space on the site. CONDITIONAL USE PERMIT The applicant is requesting approval of a Conditional Use Permit for the sale of beer and wine to supplement the other commodities sold in an existing mini -mart at the Chevron gas station. The applicant believes the addition of beer and wine sales will allow this gas station to remain competitive with other full service gas stations. The addition of beer and wine sales at the mini -mart will have a negligible impact on the site. There will be no exterior changes to the structure which houses the mini -mart and the service bays. The interior of the mini -mart will not be modified in any way; the existing shelving will remain the same with some current stock removed to make way for the proposed beer and wine. 2 Comments and Notification Property owners within 500 feet of the Chevron service station, which included the Walnut Valley Unified School District, were notified of the application for this Conditional Use Permit. There was no response to the notification mailers. Comments and concerns were solicited in particular from Diamond Bar High School. Dennis Paul, Assistant Principal, expressed no opposition to the application for a Conditional Use Permit to sell beer and wine at this location. The Los Angeles Sheriff Department, Walnut Division, responded to our request for enforcement comments. After speaking with the staff at Diamond Bar High School, the Sheriff's Department had no concerns regarding the issuance of a Conditional Use Permit for beer and wine sales at this location. As part of the review process for a beer and wine license from the Alcoholic Beverages Control Board, the Sheriff's Department will again interview any schools and churches near the proposed site. Alcoholic Beverage Control Licensing The Alcoholic Beverage Control Board (ABC), which encourages an applicant to apply for a Conditional Use Permit concurrently or before application for a liquor license, was contacted as to the status of the applicant's liquor license. The applicant has not yet filed for a liquor license. When granting a license, the ABC Board takes into consideration any schools, churches, parks or playgrounds within 300-600 yards of the proposed site. Notification of these persons and any resident within 100 yards of the site is conducted 30 days prior to any decision. The ABC Board responds to any complaint, either denying the license, granting the license, or granting the license with conditions. Parking and Traffic Currently, parking is adequately provided on the site and the addition of beer and wine to be sold in the mini -mart is not expected to increase the amount of parking needed. In 1995, the applicant applied for an Administrative Development Review to allow minor interior and exterior remodeling. Under the conditions of approval for Administrative Development Review No. 95-24, the gas station was required to provide five standard parking spaces and one handicap parking space. At this time, there are six standard parking spaces and one handicap parking space. The addition of beer and wine in the mini -mart is not expected to substantially increase the amount of traffic at the service station. The mini -mart is an ancillary use at the service station. According to the applicant, most customers of the mini -mart are primarily purchasing automobile fuel at the gas station which is open twenty-four hours daily. The mini -mart, which is open from 6 a.m. to 10 p.m., currently sells soft drinks and prepackaged snack foods. The applicant anticipates that the proposed sale of beer and wine will comprise approximately 12-150 of the total mini -mart sales. Landscaping New landscaping was also required as a condition of approval of ADR No. 95-24. In order to maintain the requirements of that approved landscape plan, the plantings in the eastern most planter area, next to Brea Canyon Road, shall be supplemented with ten (10) one - gallon agapanthus africanus 'blue' to be installed five plants at each end of the planter. In the southern most planter, along the rear of the property, the bare eastern end shall be planted with five (5) one -gallon agapanthus africanus 'blue' plants. Four (4) five -gallon grevillea 'neollii' also will be planted in this planter. In the planter area on the west side of the project site, five (5) one -gallon agapanthus africanus 'blue' shall be added to those existing at the northern end of the area. On the northern edge of the project site, there shall be ten (10) one -gallon agapanthus africanus 'blue' installed, five at either end of the planter area. The triangular planter at the northeast corner of the site shall be replanted with seasonal color bedding plants, 4" pots minimum. The freestanding planter pots at the entrance to the service station building shall also be replanted with seasonal color bedding plants, 4" pots minimum. ENVIRONMENTAL ASSESSMENT The environmental evaluation shows that the proposed project is Categorically Exempt according to guidelines of California Environmental Quality Act (CEQA), Section 15303(a). PUBLIC NOTIFICATION This item has been advertised in the Inland Valley Daily Bulletin and the San Gabriel Valley Tribune on September 2, 1997. Notices were mailed to 33 property owners within a 500 foot radius of the project site on September 2, 1997. RECOMMENDATIONS Staff recommends that the Planning Commission approve Conditional Use Permit 97-3, Findings of Fact and conditions as listed within the attached resolution. Conditional Use Permit Findinas 1. That the proposed use is in substantial compliance with the General Plan, local ordinances and State requirements. 2. That the proposed use will not adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area. 3. That the proposed use will not have an adverse impact on adjacent or adjoining residential and commercial uses. It will not 4 be materially detrimental to the use, enjoyment or valuation of property or other persons located in the vicinity of the proposed project. 4. That the subject site for the proposed use is adequate in size and shape to accommodate the proposed use. 5. That the proposed site is adequately served by Brea Canyon Road and Pathfinder Road. The Public Works Division and the Building and Safety Division have reviewed this project. Neither division has any comments or concerns regarding the application. Prepared by: Susan Cole Planning Technician ATTACHMENTS: 1. Draft Resolution of Approval; 2. Exhibit "A" - site plan and elevations dated September 18, 1997; 3. Application. 5 PLANNING COMMISSION RESOLUTION NO. 97- A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR APPROVING CONDITIONAL USE PERMIT NO. 97-3 A REQUEST TO ALLOW THE SALE OF BEER AND WINE IN AN EXISTING MINI -MART AT THE CHEVRON GAS STATION AT 21324 PATHFINDER ROAD, DIAMOND BAR, CALIFORNIA. A. RECITALS. 1. The applicant, Mohamad Salimnia, has filed an application for Conditional Use Permit No. 97-3 as described in the above title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit shall be referred to as the "Application." 2. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal organization of the State of California. On said date, pursuant to the requirements of the California Government Code Section 57376, Title 21 and 22, the City Council of the City of Diamond Bar adopted its Ordinance No. 14 (1989), thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond Bar. Title 21 and 22 of the Los Angeles County Code contains the Development Code of the County of Los Angeles now currently applicable to development applications, including the subject Application, within the City of Diamond Bar. 3. Action was taken on the subject application as to its consistency with the General Plan. It has been determined that the proposed project is consistent with the General Plan. 4. The Planning Commission of the City of Diamond Bar on September 23, 1997 conducted a duly noticed public hearing on the application. 5. Notice of the public hearing for this project has been made in the San Gabriel Valley Tribune and the Inland Valley Daily Bulletin newspapers on September 2, 1997. Thirty three property owners within a 500 foot radius of the project site were notified by mail on September 2, 1997, B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The Planning Commission hereby determines that the project identified above in this Resolution is Categorically Exempt from the requirements of the California Environmental Quality Act of 1970, and the guidelines promulgated thereunder, pursuant to Section 15303(a) of Article 19 of Chapter 3, Title 14 of the California Code of Regulations. 3. The Planning Commission hereby specifically finds and determines that, having considered the record as a whole, including the findings set forth below, and changes and alterations which have been incorporated into and conditioned upon the proposed project set forth in the application, there is no evidence before this Planning Commission that the project proposed herein will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this Planning Commission hereby rebuts the presumption of adverse effects contained in Section 753.5(d) of Title 14 of the California Code of Regulations. 4. Based on the findings and conclusions set forth Herein, this Planning Commission hereby finds as follows: (a) The project relates to a developed parcel approximately .52 acres in size located at 21324 Pathfinder Road. (b) The project site has a General Plan land use designation of Commercial Office (CO). It is within a Commercial Planned Development Zone (CPD) . 2 CONDITIONAL USE PERMIT (c) The proposed project will not be in substantial conflict with the General Plan, local ordinances and State requirements. The General Plan provides for a variety and mix of land uses and accessory uses necessary for the health, safety, comfort and convenience of the community. The facility's operation offers a convenience service to the community by adding beer and wine sales to the commodities sold at the existing mini -mart. Therefore, the proposed use is consistent with the General Plan and is further authorized as a conditionally permitted use within the Commercial Planned Development Zone (CPU), pursuant to the Los Angeles Planning and Zoning Code, Sections 22.2.8.340 and 22.28.110. (d) T'rie proposed project will not: (1) Adversely affect the health or welfare of persons residing or working in the surrounding area; or (2) Be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site; or (3) Jeopardize, endanger or otherwise constitute a menace to public health, safety or general welfare for the following reasons: The approval of the Conditional Use Permit allows for the proposed sales of beer and wine at an existing mini -mart in the Chevron Gas Station at 21324 Pathfinder Road. The proposed use at this site, as conditioned, complies with all City Codes and therefore does not adversely affect the health or welfare of persons residing or working in the surrounding area; or jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare. There were no comments or concerns put forth by the Alcoholic Beverage Control Board, the Los Angeles County Sheriff Department or Diamond Bar High School when they were contacted regarding this application. The additional sales of beer and wine at this location will not change the exterior or interior of the existing structures at the project site. The application will in fact allow a discretionary review of the existing structures and landscaping at the site, confirming that the site is being maintained. This ensures the proposed use will not be materially detrimental to the use, enjoyment or valuation of property of other persons located in the vicinity of the site. (e) The project site is adequate in size and shape to accommodate the yards, walls, fences, parking and loading facilities, landscaping and other development features prescribed within City ordinances, or as otherwise required in order to integrate the use with uses in the surrounding area. The proposed use will not effect the project site in any way, in that there will be no physical changes in the interior or exterior of any structures on the project site. Required parking is five standard spaces and one handicap space; provided parking is six standard parking spaces and one handicap parking space. (f) The project site is adequately served: (1) By highways or streets of sufficient width and improved as necessary to carry the kind and quantity of traffic such use would generate; and (2) By other public or private service facilities as are required. Although the proposed use is not expected to generate any additional traffic, the proposed site, 21324 M Pathfinder, is adequately served by Pathfinder Road and Brea Canyon Road which are of sufficient width and improvement to carry the existing kind and quantity of traffic. The site is currently served adequately by utility service. There will be no increase in demand generated by the proposed use. 5. Based on the findings and conclusions set forth above, the Planning Commission hereby approves the Application subject to the following conditions: (a) Conditional Use Permit No. 97-3 shall be developed in substantial conformance to plans dated September 18, 1997, labeled Exhibit "A" as submitted and conditioned and approved by the Planning Commission. (b) The applicant shall comply with all Planning Division, Building and Safety Division, Public Works Division and Los Angeles County Fire Department requirements. (c) Pursuant to the approved ADR No. 95-26 landscaping plan, the applicant shall maintain the specified planting by supplementing the existing landscaping as follows: (1) In the eastern most planter area, next to Brea Canyon Road, the existing plantings shall be supplemented with ten (10) one - gallon agapanthus africanus 'blue', to be installed five plants at each end of the planter. (2) Five (5) one -gallon agapanthus africanus 'blue' plants and four (4) five -gallon grevillea 'neollii' shall be planted in the southernmost planter, along the rear of the property. (3) In the planter area on the west side of the project site, five (5) one -gallon agapanthus africanus 'blue' shall be added to those existing at the northern end of the 5 planting area. (4) In the planter on the northern edge of the project site, there shall be ten (10) one -gallon agapanthus atricanus 'blue' installed, five at either end of the planter area. (5) The rectangular planter at the northeast corner of the site shall be replanted with seasonal color bedding plants, 4" pots minimum; (6) The freestanding planter pots at the entrance to the service station building shall be replanted with seasonal color bedding plants, 4" pots minimum. (d) This grant is valid for two years and shall be exercised within that period or this grant shall expire. A one year extension may be requested in writing and submitted to the City 30 days prior to expiration date. (e) This grant shall not be effective for any purpose until the permittee and owner of the property involved (if other than the permittee) have filed, within fifteen (15) days of approval of this grant, at the City of Diamond Bar Planning Division, their Affidavit of Acceptance stating that they are aware of and agree to accept all the conditions of this grant. Further, this grant shall not be effective until the permittee pays any remaining City processing fees. (f) If the Department of Fish and Game determines that Fish and Game Code Section 711.4 applies to the approval of this project, then the applicant shall remit to the City, within five days of this grant's approval, a cashier's check, payable to the County of Los Angeles, of $25.00 for a documentary handling tee in connection with Fish and Game Code requirements. Furthermore, if this project is not exempt from a filing fee imposed because the project has more than a de minimis impact on fish and wildlife, the applicant shall also pay to the Department of 6 Eat Fish and Game any such fee and any fine which the Department determines to be owed. (g) If the beer and wine sales approved by this resolution is operated or maintained in violation of Alcoholic Beverage Control Board standards, the Conditional Use Permit approval shall be subject to revocation by the Planning Commission. (h) Sales of alcoholic beverages shall be permitted only between the hours of 6:00 a.m. to 10:00 p.m. daily. (i) The sale of beer and/or wine for consumption on the premises is prohibited. The Planning Commission shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution, by certified mail to: Mohamad Salimnia, Chevron Gas Station, 21324 Pathfinder Road, Diamond Bar, CA 91765 APPROVED AND ADOPTED THIS 23rd DAY OF September, 1997 BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. Joe Ruzicka, Chairman I, James DeStefano, Planning Commission Secretary, do hereby certify that the forgoing Resolution was duly introduced, passed and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 23th day of September, 1997, by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: %J SEPTEMBER 23, 1997, PAGE 3 PLANNING COMMISSION Perm No. 96-1, Oak ree Permit N\Go 1 and Z ne Change 96-1 October 14, 997. The was ca ried 5-0 with t following R 1 Call vote AYES: COMMISSIONER Fong, nberg, Manus, VC/Schadit/Ruzicka NOES: OMMISSIONERS. None ABSENT: MMISSIONERS: one 7. PUBLIC HEARING: 1. Conditional Use Permit No. 97-3 is a request (pursuant to Code Section 22.56.010) to allow the sale of beer and wine in an existing mini -mart at the Chevron Gas Station. Property Address: 21324 Pathfinder Road, Diamond Bar, CA 91765 Applicant • Mohamad Salimnia, 21324 Pathfinder Road, Diamond Bar, CA Property Owner: Chevron U.S.A., Inc., P.O. Box 285, Houston, Texas 77001 PT/Cole presented staff's report. Staff recommends that -the Planning Commission approve Conditional Use Permit No. 97-3, Findings of Fact and conditions as listed within the Resolution. Chair/Ruzicka opened the public hearing. Bob Zirbes said he is concerned about the proximity of the proposed site to Diamond Bar High School and that he is opposed to approval of Conditional Use Permit No. 97- 3. He said he is surprised that the Walnut Valley School District and Sheriff's Department have signed off on this item. Martha Bruske urged the Commission not to support Conditional Use Permit No. 97-3 because the site is too close to the Diamond Bar High School. Rivers Mcintoush said he is opposed to having beer and wine sold in close proximity to Diamond Bar High School. Marco Brambilla, 1021 S. Brand Boulevard, Glendale, speaking on behalf of the applicant, spoke in favor of the application. Chair/Ruzicka closed the public hearing. Following discussion, C/Goldenberg moved, vC/Schad seconded, to direct staff to prepare a Resolution of Denial for consideration at the Planning Commission's SEPTEMBER, 23� ,199 7. PAGE 4 PLANNING COMMISSION T October '14, 1997 meeting. The mo wition was carried 5-0 _th the -following Roll Call 'vote �. AYES: COMMISSIONERS Fong, Goldenberg, McManus, f VC/Schad, Chair/Ruzicka 4NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None, OCTOBER 14, 1997 PAGE 3 PLANNING COMMISSION C/McManus tated the f llowing: "If s nce Mr. Schad\asalready sat through two hearin on the Windmi 1 Developmentect, I believe we h ve a right know if, in fa t, there is alict of interest or n and if s wife is in th employ of Jone of their associat , then we ave a right to now. CONSENT CALENDAR: 1. Minutes of September 23, 1997. 2. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR DENYING CONDITIONAL USE PERMIT NO. 97-3, A REQUEST TO ALLOW THE SALE OF BEER AND WINE IN AN EXISTING MINI -MART AT THE CHEVRON GAS STATION AT 21324 PATHFINDER ROAD, DIAMOND BAR, CALIFORNIA. C/Goldenberg moved, C/McManus seconded, to approve Consent Calendar Items 1.1 and 1.2. The motion was carried 5-0 with the following Roll Call vote: AYES: COMMISSIONERS: Goldenberg, McManus, Fong, VC/Schad, Chair/Ruzicka NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None L1 nwi nr'-r reaardi na the hct.t)hP_r 79. 1 nA>L P1 nnni nrs r J..�.:eR yo.r R r¢e'1.-r.;e.•�ryrsr_x.-v �-,.... .. a+_.._ A. PLANNING COMMISSION RESOLUTION NO. 97-13 A RESOLUTION OF THE PLANNING COMMISSION OF THE 'CITY OF DIAMOND'BAR DENYING CONDITIONAL USE PERMIT NO. 97-3, A REQUEST. TO ALLOW THE SALE OF BEER AND WINE IN AN EXISTING MINI-MAFtT AT THE CHEVRON GAS STATION AT 21324 PATHFINDER ROAD, DIAMOND BAR, CALIFORNIA. 1, The applicant, Mohamad Salimnia, has filed an application for Conditional Use Permit No. 97-3 as described in the above title of this Resolution. Hereinafter in this Resolution, the subject Conditional Use Permit shall be referred to as the "Application." 2. On April 18, 1989, the City of Diamond Bar was established as a duly organized municipal organization of the State of California. On said date, pursuant to the requirements of the California Government Code Section 57376, Title 21 and -22, the City Council of the :City of Diamond Bar adopted its ordinance No. 14 (1989), thereby adopting the Los Angeles County Code as the ordinances of the City of Diamond.Bar. Title 21 and 22 of the Los Angeles County Code contains the Development Code of the County of Los Angeles now currently applicable. to development. applications, including the subject Application, within the City of Diamond Bar. 3. Action -was taken on the the General]ect Planap It has beenlication to its consistency with .determined that the proposed project is not consistent with the General Plan. q, The Planning Commission of the City of Diamond Bar.,on September . 23, 19 conducted and closed the public public hearing on the application hearing. At that time, the Commission requested a Resolution of Denial be prepared for consideration at the October 14, .1997 Planning Commission meeting. 5, Notice of the public hearing for this project has been made in the br. e� Valley Tribune and the •JI11.?1d vallPv Da��ye newspapers on September 2, 1997. Thirty three property owners within a 500 foot radius 1 of the project site were. notified by mail on September 2, 1997. B. Resolution. NOW, THEREFORE, it is found, determined and resolved by the Planning. Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A,, of this Resolution are true and correct. 2. Based on the findings and conclusions set forth herein, this Planning Commission*hereby finds as follows: (a) The project relates to a developed parcel approximately .52 acres in size located at 21324 Pathfinder Road. (b) The project site'is within a Commercial Planned Development Zone (CPD) and has a General Plan land use designation of Commercial Office (CO) . However, policies set forth in the General Plan _ (Land bse Element, Strategy 2.2.2) prohibits the development of land uses. which have operating characteristics that could create nuisances along boundaries.- The subject site is adjacent to single family homes and Diamond Bar High School. CONDITIONAL USE PERMIT. 3.- An application has been file pursuant to Planning._ and Zoning.Code section 22:56.040 for Conditional'` Use Permit 97-3. It has been determined that the proposed project will: (a) Adversely affect the health, peace, comfort or welfare of persons residing or working in the surrounding area in that the. sale of . alcoholic beverages within 100 feet of the Diamond Bar High School could prove an attractive nuisance to the teenage students attending the .school and may contribute .to juvenile loitering and other illegal activities. According to public testimony at 2 - t (a) Certify to the adoption of this Resolution; -- •and • - - - : . (b) Forthwith transmit a certified copy -of this Resolution, by certified mail to: Moham.ad Salimnia; Chevron *Gas Station, 21324 ` Pathfinder Road,' -Diamond Bar, CA 91765 APPROVED AND ADOPTED THIS 14th DAY OF OCTOBER,.1997 BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. r - Joe Ruzicka C airman I, James DeStefano, Planning Commission Secretary, do hereby certify that the forgoing Resolution was duly introduced, passed and adopted by the Planning Commission of the City of Diamond Bar, at a regular meeting of the Planning Commission held on the 14th day of October, 1997, by the following vote: :AYES: COMMISSIONERS: Ruzicka, Schad, Fong, Goldenberg, McManus NOES: COMMISSIONERS: ABSENT: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ATTEST: J s DeStefan ,Secretary STATE OF CALIFORNIA COUNTY OF LOS ANULES SS CITY OF DIAMOND BAR .1, LYNDA BURGESS, CITY CLERK OF THE CITY OF DIAMOND PAR, DO IIERE3Y CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFOR'i1A THE FORGOING TO BE A • FULL, TRUE AND. CORRrCT COPY OF THE ORIGINAL AS SAIt1E AMARS ON FILE IN MY OFFICE. i IN WITNESS W IERF.OF, I HAVE -HEREUNTO SET MY HAND AND AMXE�,TI� � F. A. OF THE CITY OF DIf N^D ��ARTI{I5 DAY OF .,LYNDA BURrCESS, �CITY CLERK , Deputy 4 .--.'.ra . F••s. YCi...t �.si+.^._a„s : _i'c a Y?sY ' - 7 TAS DESIGN E;:�c�o��-D Building Design- Planning- Interior Ci , `( OF DiAMO 1D EA PLNG., BLDG., E;IrGft. 1160 N.Central Ave. # 208 Glendale CA 91206 Tel.: (818) 500-3966 ------------------------------------------------•=97--ECF•}-fid:'}----- October 17 1997 City of Diamond Bar Planning Department 21865 Eat Copley Drive Diamond Bar California Re: Appeal of the Planning Commission Conditional Use Permit No. 9-7-3 21324 Pathfinder Road Dear Sir/Madam. This is to appeal the decision by the Planning Commission of September 23. 1997 for the above case for a conditional use permit for the sale of beer and wine in an existing Chevron Gas station MiniMart. The proposed use is consistent with all zoning and county requirements and was recommended for approval by the staff and all parties concerned. More importantly the assistant superintended of the Diamond Bar High School as well as the sheriff's department fully approved and condoned the proposed use and the location of the business. No parties involved, no neighbors and no serious opposition was ever expressed at any time. Surprisingly during the public hearing of September 23. 1997 the Planning Commission, contrary to the recommendations of the staff and all presented evidence decided to deny the request with no acceptable reason or background. Moreover requirements typically necessary to approve a similar request were cited as a reason not to approve the CUP. For example the sale of beer and wine in a gas station is required to have a major highway or surface street network and serve a large number of traffic capacity. While this location meets the required conditions, the Planning Commission denied the request on the basis of the project BEING on a major thoroughfare. Furthermore the chair of the Planning Commission testified that he personally had called the sheriff's department and spoken also the Assistant Superintendent of the High School to make sure they had no objections in any manner and that they supported the application. No neighbors were present at the hearing and after several prompting by the Planning Commission only a few casual bystanders , who had no knowledge of the proposed use , nor previous information about the project expressed a general concern that alcoholic beverages are not appropriate for high school children. Please note that the sale of alcoholic beverages is strictly regulated by the office of ABC licensing. A preliminary approval of the CUP is necessary to process the application by the ABC agency BUT it does not guarantee that the license.will be issued if all the requirements and the conditions are not met. It is for these reasons that we firmly believe that the Planning Commission did not act correctly and thus we are requesting that this case be considered by the Board of Supervisors. Sincerely, M"�� -141M .,.- Robert S. Huff Mayor Carol Herrera Mayor Pro Tem Eileen R. Ansari Council Member Clair W. Harmony Council Member Gary H. Werner Council Member Recyded paper October 23, 1997 City of Diamond Bar 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177 (909) 860.2489 • Fax: (909) 861.3117 • City Online (BBS): (909) 860-5463 Internet: http://www.ci.diamond•bar.ca.us Mohammed Salimnia 21324 Pathfinder Road Diamond Bar, CA 91765 Re: Appeal of Planning Commission Denial of Conditional Use Permit No. 97-3, 21324 Pathfinder Road Planning Commission Resolution No. 97-13 Dear Mr. Calahan: Your appeal regarding the Planning Commission's denial of a conditional use permit for the sale of beer and wine in an existing Chevron Gas Station Minimart dated September 23, 1997, has been tentatively set for consideration at the City Council meeting of December 2, 1997. To confirm this date, a copy of the City Council agenda will be mailed to you a few days before the meeting. Sincerely, ,S2$pY, Lynda Burgess, CMC/AAE City Clerk cc: Deputy City Manager, Community Development TAB Design 1160 N. Central Ave. #208 Glendale, CA 91206 October 23, 1997 City of Diamond Bar 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177 (909) 860-2489 • Fax: (909) 861-3117 • City Online (88S1: (909) 860-5463 Internet. http://www.ci.diamond-bar.ca.us Mohammed Salimnia 21324 Pathfinder Road Diamond Bar, CA 91765 Re: Appeal of Planning Commission Denial of Conditional Use Permit No. 97-3, 21324 Pathfinder Road Planning Commission Resolution No. 97-13 Dear Mr. Calahan: Your appeal regarding the Planning Commission's denial of a conditional use permit for the sale of beer and wine in an existing Chevron Gas Station Minimart dated September 23, 1997, has been tentatively set for consideration at the City Council meeting of December 2, 1997. Robert S. Huff To confirm this date, a copy of the City Council agenda will be mailed to Mayor you a few days before the meeting. Carol Herrera Sincerely, Mayor Pro Tem , Eileen R. Ansari p y, Council Member Lynda Burgess, CMC/AAE Clair W. Harmony City Clerk Council Member Gary H. Werner Council Member cc: Deputy City Manager, Community Development TAB Design 1160 N. Central Ave. #208 Glendale, CA 91206 Recycled paper TAB DESIGN Building Design_ planllng_ Interior 1160 N.Cen —� �uu1 Ave. # 208 — '+� _ - - Glendale CA 91206 Tel.: (818) 500-3966 C' ONO R October 17. 1997 City of Diamond Bar Planning Department 21865 Eat Copley Drive Diamond Bar California Re: Appeal of the Planning Comm Conditional Use pission ermit No. 9_7.3 21324 Pathfinder Road Dear Sir/Madam. This is to appeal the decision b case for a conditional use y the Planning Commission of Se MiniMart permit for the sale of beer September 23, and wine in 1997 for the above an existing Chevron Gas station The proposed use is in with for approval by the staff and all all zoning Parties concerned county requirements and �,� 1eco More importantly mmended sheriffs department the assistant superintended of the Pay tment fully approved Diamond B business. No parties involved and condoned the High School time. , no neighbors and no seriiousooed use and the l well the the Opposition w ovation of the as ever expressed at any Surprisingly during the public hearing Of September 23. Contrary to the recommendations of the s 1997 the request with no acceptable r staff and Plannin Moreover re all Presented evidence de Commission, request denon, talon or background. requirements typically necessary to a Y the app a similar re 3. iquest were cited "' as a reason e not to approve the CUP. For example the sale of beer and wine in a gas station is required to have a major highway or surface street network and serve a large number of traffic capacity. While this location meets the required conditions, the Planning Commission denied the request on the basis of the project BEING on a major thoroughfare. Furthermore the chair of the Planning Commission testified that he personally had called the sheriff's department and spoken also the Assistant Superintendent of the High School to make sure they had no objections in any manner and that they supported the application. No neighbors were present at the hearing and after several prompting by the Planning Commission only a few casual bystanders , who had no knowledge of the proposed use , nor previous information about the project expressed a general concern that alcoholic beverages are not appropriate for high school children. Please note that the sale of alcoholic beverages is strictly regulated by the office of ABC licensing. A preliminary approval of the CUP is necessary to process the application by the ABC agency BUT it does not guarantee that the license will be issued if all the requirements and the conditions are not met. It is for these reasons that we firmly believe that the Planning Commission did not act correctly and thus we are requesting that this case be considered by the Board of Supervisors. Sincerely, l CASH RECEIPT CITY OF DIAMOND BAR 21660 E. Copley Dr., Ste. 100 & 190 Diamond Bar, CA 91765 909-860-2489 909-860-3195 Received frorn: ���,+-;y,.,�r ! G�/., .. �; Receipt # 39874 ' Description: i / .� i ' 1 `i� -7- : Date: /�; / 7 j/ I l l Revenue Description Acct # Amount Building Permits 001-3411 Plumbing Permits 001-3412 j Electrical Permits 001-3413 Mechanical Permits 001-3414 Bldg. Permit Iss. Fees 001-3420 Bldg.Plan Check Fees 001-3430 SMIP Fees 001-3435 j i Engr. Plan Check Fees 001-3461 Engr. Permit Fees 001-3462 - Engr. Inspection Fees 001-3464 Planning -Environmental 001-3441 Current Planning Fees 001-3443 Sale of Printed Material 001-3635 Contract Classes 001-3478 I Transit Subsidy 112-3485 ` Impound Fees 001-3225 Deposits 001-2300 i 1 A/ t,/ . RECEIVED BY,,' TOTAL RECEIVED Cash Check Other - White - Customer Canary - Department Pink & Goldenrod - Finance i PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA, County of Los Angeles I, Nancy Paisley, do hereby declare that I am a citizen of the United States; I am over the age of eighteen years, and not a party to or interested in the below -entitled matter. I am the Legal Advertising Clerk of the INLAND VALLEY Daily Bulletin (formerly the Progress Bulletin) A newspaper of general circulation, published daily in the City of Pomona, County of Los Angeles, State of California, and which has been adjudged a newspaper of general circu- lation by the Superior Court of the County of Los Angeles, State of California, under the date of June 15, 1945, Decree No. Pomo C-606; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the follow- ing dates, to wit: November 25, 1997 I declare under penalty of perjury that the foregoing is true and correct. Dated: November 25, 1997 Sign: re Proof of Publication of: CITY OF DIAMOND BAR NOTICE OF PUBLIC HEARING SAN GABRIEL VALLEY TRIBUNE affiliated with SGV Newspaper Group 1210 N. Azusa Canyon Road West Covina, CA 91790 PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Los Angeles I am a citizen of the United States, and a resident of the county aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entited matter. I am the principal clerk of the printer of SAN GABRIEL VALLEY TRIBUNE, a newspaper of general circulation which has been adjudicated as a newspaper of general circulation by the Superior Court of the County of Los Angeles, State of California, on the date of September 10, 1957, Case Number 684891. The notice, of which the annexed is a true printed copy, has been published in each regular and entired issue of said newspaper and not in any supplement thereof on the following dates, to wit: 11/25/97 I declare under penalty of perjury that the foregoing is true and correct. Executed at West Covina, LA Co. California this 25 day of NOVEMBER 19 97 signature Proof of Publication of Robert S. Huff Mayor Carol Herrera Mayor Pro Tem Eileen R. Ansari Council Member Clair W. Harmony Council Member Gary H. Werner Council Member Recycled paper November 12, 1997 p\1�'o a _ F City of Diamond Bar ii 21660 E. Copley Drive, Suite 100 • Diamond Bar, CA 91765-4177 (909) 860.2489 - Fax: (909) 861-3117 - City Online (BBS): (909) 860-5463 Internet: http://www.ci.diamond-bar.ca.us Salimnia Mohamad 21324 Pathfinder Road Diamond Bar, CA 91765 Re: Appeal of Resolution No. 97-13, Planning Commission Denial of Conditional Use Permit No. 97-3, 21324 Pathfinder Road Dear Mr. Mohamad: Your appeal regarding the Planning Commission's denial of a conditional use permit for the sale of beer and wine in an existing Chevron Gas Station minimart will be heard at the City Council meeting of December 16, 1997 instead of the previously tentative date of December 2, 1997. A copy of the City Council agenda will be mailed to you a few days before the meeting If you have any questions about this action, please contact me at 909- 396-5676. Sincerely, /4' -az- V / &* Susan Cole Planning Technician cc: Garo Nazarian, 1160 N. Central Ave. 4208, Glendale, CA 91202 James DeStefano, Deputy City Manager Lynda Burgess, City Clerk AGENDA ITEM NO. 8.1 NO DOCUMENTATION AVAILABLE AGENDA ITEM NO. 8.2 NO DOCUMENTATION AVAILABLE AGENDA ITEM NO. 9.1 NO DOCUMENTATION AVAILABLE / Z CITY OF DIAMOND BAR MEMORANDUM To: Mayor and City Councilmembers From: Terrence L. Belanger, City Manager% Subject: DEVELOPMENT CODE PROGRESS REPORT Date: December 11, 1997 Background: On December 9, 1997 the Planning Commission concluded its public review and preparation of the Draft Development Code recommending that the City Council adopt new zoning and land use regulations and guidelines for the City. Since incorporation in 1989 the City has utilized Los Angeles County Planning and Zoning regulations to guide and address proposed development projects. Several amendments have been made to the County Code over the years in an attempt to respond to local concerns regarding the size of yard areas between homes, signs, development review, hillside development standards, the commercial manufacturing zone and property maintenance. The adoption and affirmation of the 1995 General Plan established goals, objectives and strategies. The Development Code is the primary implementation tool of the General Plan. The Code has been crafted to implement the Plan through proposed zoning classifications, development standards and guidelines tailored to the unique needs of the City. The City employed a consultant team and began the process of crafting new development standards for the community in July 1996. In August 1996 the Planning Commission conducted a community workshop. In October 1996 a four page community survey was prepared and distributed to every residence and business address in the community soliciting comments and opinions on development issues. In March 1997 the City Council and Planning Commission hosted a Town Hall meeting designed to address specific issues directly related to survey results and specific areas of community interest. In July 1997 the Planning Commission began its formal evaluation of the Code completing fifteen public hearings to receive comments, review, and refine the Code. City Council Memorandum December 11, 1997 Page 2 The Development Code has been organized in the following manner: Article I - Purpose and Applicability of Development Code Article II - Zoning Districts and Allowable Land Uses Article III- Site Planning and General Development Standards Article IV - Land Use and Development Permit Procedures Article V - Development Code Administration Article VI - Development Code Definitions Citywide Design Guidelines It is suggested that the Council begin its review commencing with Articles I, II, IV and V. These articles will serve as a foundation for the balance of the Code describing and outlining the purpose, authority, administration, definitions and application. Article III contains detailed standards and will likely require the most time to review. Planning Division staff members are presently in the process of incorporating final Planning Commission revisions into the document. The Draft Code will be transmitted to the printer by December 23, 1997. It is anticipated that the Planning Commission Draft Development Code will be transmitted to the City Council by January 6, 1998. Staff recommends that on January 6, 1998 the City Council discuss a proposed review process and schedule incorporating several workshops and public hearings to consider the Draft Development Code. jds 113 MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL FROM: TERRENCE L. BELANGER, CITY MANAGERt l.V RE: RESOLUTION OPPOSING WCCA PROCEDURAL CHANGES FOR THE APPOINTMENT AND REAPPOINTMENT OF WCCA ADVISORY COMMITTEE MEMBERS DATE: DECEMBER 16, 1997 ISSUE: Shall the City oppose the proposed procedural changes for the appointment and reappointment of members to the WCCA Advisory Committee? RECOMMENDATION: It is recommended that the City Council oppose the proposed procedural changes for the appointment and reappointment of members to the WCCA Advisory Committee. DISCUSSION: The Wildlife Corridor Conservation Authority (WCCA) has promulgated revised procedures for the appointment and reappointment of members to the WCCA Advisory Committee. The proposal includes provisions for a fifteen (15) member Advisory Committee, with the WCCA Board making all appointments. Further, reappointment is to be by the currently servicing members electing to continue or not, on the Committee. This procedure gives the City of Diamond Bar virtually no realistic opportunity to appoint Advisory Committee members who reflect the attitudes, philosophies and aspirations of the community of Diamond Bar. Consequently, a resolution of opposition to the proposed procedures has ben drafted for Council consideration. Besides expressing opposition to the WCCA proposal, the resolution sets forth the City's proposal related appointment and reappointment to the Committee. For instance, Diamond Bar suggests a fifteen (15) member Committee, with eight of the members (two members each) being appointed by the four municipal members of the WCCA Board. The resolution also proposes that there are no automatic reappointments to the Committee. All reappoinment would be made by the agency that appointed a member. It important that elected officials, who are WCCA Board members, have the right to choose individualks for the Advisory Committee tht are representative of the community, in the opinion of the community's elected official. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR OPPOSING THE PROPOSED PROCEDURES, BY THE WILDLIFE CORRIDOR CONSERVATION AUTHORITY (WCCA), FOR THE ESTABLISHMENT OF THE WCCA ADVISORY COMMITTEE Whereas, the Wildlife Corridor Conservation Authority has established an Advisory Committee; and Whereas, on April 5, 1995, the Wildlife Corridor Conservation Authority unanimously voted that each Board member had the right to make two (2) appointments to the Advisory Committee, which; and Whereas, the Wildlife Corridor Conservation Authority has now promulgated proposed procedures for the reappointment and appointment of Advisory Committee members; and Whereas, the proposed procedures eliminates the prerogatives of the municipal agency members of the WCCA Board, who are the only elected officials on the Board, by no longer allowing the municipal members to make the appointment(s) of two Advisory Committee members each; and Whereas, the proposed procedures do not allow for the discretion of the appointing authorities, in determining whether an Advisory Board member is reappointed; rather, the Advisory Committee member decides his/her continuing on the Committee, by expressing an interest in doing so; and Whereas, the proposed procedures provide for a fifteen (15) member Committee, all of whom are appointed by the WCCA Board; none of whom are appointed by directly by each municipal member; and Whereas, the term of office of an Advisory Board Member should be the same as the term of office of the WCCA Board members; and Now Therefore Be It Resolved that the City Council of the City of Diamond Bar does hereby oppose the proposed procedures, which change the policies and process for the establishment of and the appointment and reappoint to the WCCA Advisory Committee; and Be It Further Resolved that the City Council of the City of Diamond Bar does hereby propose the following procedures: a) the Advisory Committee be comprised of fifteen (15) members; b) each of four member municipalities have the right to appoint two (2) members each and the entire Board have the right to appoint seven (7) at -large members; c) the term of office be two (2) years; d) there shall not be any automatic reappointments to the Committee; and, e) a municipal agency appointee may be removed for cause by a majority of members of the appointing municipality or without cause by a four/fifths vote of the appointing municipality; a WCCA Board appointee may be removed for cause by a majority of the Board or without cause by a four/fifths vote of the Board. THE WILDLIFE CORRIDOR CONSERVATION AUTHORITY December 3, 1997; Agenda Item VIII. Resolution No. 97 - RESOLUTION OF THE WILDLIFE CORRIDOR CONSERVATION AUTHORITY ADOPTING PROCEDURES FOR THE ESTABLISHMENT OF THE ADVISORY COMMITTEE Whereas, The Wildlife Corridor Conservation Authority (WCCA) was formed for the purpose of providing for the proper planning, conservation, environmental protection and maintenance of the habitat and wildlife corridor between the Whittier -Puente Hills and the Cleveland National Forest in the Santa Ana Mountains; and Whereas, An Advisory Committee was formed to assist the Board in describing the function of, existing condition of, and threats to the wildlife corridor connecting the transverse ranges (San Gabriel and San Bernadino) to the peninsular ranges (Santa Ana Mountains). In addition, the Advisory Committee shall identify, recommend, and prioritize actions for corridor preservation, acquisition, and restoration; and Whereas, The size, scope and terms of the Advisory Committee were discussed by the WCCA Governing Board at the noticed meeting of November 5, 1997; Therefore be it resolved, That the Wildlife Corridor Conservation Authority adopt procedures for the establishment of the,Advisory Committee as described in the staff report dated December 3, 1997; and Resolved, The Governing Board of WCCA will nominate, on an annual basis, members of the public who demonstrate a commitment to the mission and purpose of WCCA, to the Advisory Committee; and Resolved, That such nominations will take place after vacancies are advertised and applications submitted for review by the Governing Board or Sub Committee of the Board and that such review will include examination of qualifications and public statements to the Board or Sub Committee of the Board; and Resolved, That qualifications desired by WCCA include experience, expertise or training in the natural sciences or the conservation field, demonstrated by occupation or advocation; and Resolved, That the total membership of the Advisory Committee shall not exceed 15; and Resolved, That terms of service be a two year period; and Resolved, A member of the Advisory Committee can be removed for cause by a majority Agenda Item VIII December 3, 1997 Resolution No. 97 - Page 2 of the Governing Board. Resolved, That Advisory Committee members serving as of November 5, 1997, and who wish to continue said service, shall be automatically reappointed to the Committee at the meeting of. December 3, 1997, 50% of them to a one year term and 50% to a two year term, to be determined by lottery; and Further Resolved, That the Wildlife Corridor Conservation Authority hereby directs the Executive Officer to take such actions as may be necessary to carry out the provisions of this resolution to safeguard the expenditure of public funds or to otherwise comply with law, administrative regulations, or the policies of the Wildlife Corridor Conservation Authority. Chair AYES: NOES: ABSTENTIONS: ABSENT: I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the Governing Board of the Wildlife Corridor Conservation Authority, duly noticed and held according to law, on the 3`d day of December, 1997. Dated: Executive Officer WILDLIFE CORRIDOR CONSERVATION AUTHORITY POST OFFICE BOX 9056, BREA, CALIFORNIA 92822 TlLePMONE: (3101154.1395 FAX: (3 10) 45A.1 396 MEMORANDUM DATE October 15, 1997 TO Governing Board Members FROM WCCA Staff RE Appointing New Advisory Committee Members As direded at the last Board meeting, staff is coordinating efforts to appoint new Advisory Committee members. We feel it would be in the best interest of WCCA to pull from your resources and expertise for suggestions and recommendations. The Advisory Committee is requesting that new members have scientific backgrounds in fields such as biology, geology, geography, etc. Each Board Member can appoint two Advisory Committee members_ Please fill out the following nomination form and mail or fax it by October 291. Fax: (310) 454-1396. The nominations will be discussed at the next Board meeting scheduled for November 5`". At that time, we will circulate the nomination forms collected from Board Members, and will nominate the best candidates to make short presentations at the following meeting. The following is a list of apcointed representatives on the Advisory Committee: La Habra Heights: Elden Hughes Whittier: Helen McKenna Radher & Chuck Hanson Brea: -- Diamond Bar: Don Schad & Tim Bulmer Public Member, Claire Schlotterbeck: Connie Spenger & Cheryl Swift Public Member, Steve Feld: Roland vom Dorp & Jeff Yann Department of Parks and Recreation: Geary Hund Santa Monica Mountains Conservancy: David Fretz Department of Fish and Game: -- Other appointed members Wilbur Smith A PU{UC ENTITY OF THE STATE OF CAUFORNIA ESTASUSHED PURSUANT TO THE JOINT EXERGSE OF POWERS ACT WILDLIFE CORRIDOR CONSERVATION AUTHORITY POST OFRCF BOX 9086, BAFA, CALIFCRICA 92822 TELEPHONE: (91 C) ASA.139S FAX: (2 10) A.54.13 9 6 ADVISORY COMMITTEE NOMINATION FORM Name: Address - Daytime Telephone Number: Evening Telephone Number: Fax Number: Background and Qualifications: Nominated by: Submit by Wednesday, October 29, 1997 to the above address and/or fax. Please make forms attention to Andi Gullo. WILDLIFE CORRIDOR CONSERVATION AUTHORITY POST OFFICE BOX 9056, BREA, CALIFORNIA 92822 TELEPHONE: (310) 5893230 FAX: (310) 589-3237 MEMORANDUM Date . December 3, 1997 To Governing Board From J EP hDMISTON, AICP E cutive Officer Subject: Agenda Item VIII. Discussion and possible action concerning appointment procedures and terms of office for Advisory Committee members. The Governing Board is considering adoption of resolution for formalized process. Staff Recommendation: That the Authority adopt the attached resolution which specifies the procedures for appointments to the Advisory Committee. Such procedures include annual nomination of members of the public that demonstrate a commitment to the mission and purpose of the Authority; advertisement of vacancies; submission of applications to the Board or designated subcommittee of the Board for a review; a public statement to the Board or subcommittee of the Board; a statement that desired qualifications include experience, expertise or, training in the natural sciences or conservation field as demonstrated by either occupation or advocation; a membership limitation of 15; a term of office of two years; and a statement that Committee members can be removed for cause, and; reappointment of current members. Background: At the meeting of November 5, 1997 the Wildlife Corridor Conservation Authority Board discussed the need to formalize the procedures for appointments to the Authority Advisory Committee. After lengthy discussion, staff was directed to draft a resolution that incorporated the discussion points into a.formalized procedure. In the discussion of November 5`h it was agreed that the current membership of the Advisory Committee should be polled to see if all were still willing to participate. A letter from the Chairman was sent to all existing members asking for a response on or before the meeting of December 3`d . It was further decided that current members that wished to continue service on the Advisory Committee should be reappointed in staggered terms. This staggering of terms is addressed in the attached resolution by having 50% of the current Advisory Committee members reappointed for one more year and the other 50% for two more years. It is staffs suggestion that this be done by lottery. A PUBLIC ENTITY OF THE STATE OF CALIFORNIA ESTABLISHED PURSUANT TO THE JOINT EXERCISE OF POWERS ACT Agenda Item VIII Authority November 5, 1997 Page 2 La Habra Heights Elden Hughes Whittier Helen McKenna Rander Chuck Hanson Brea -- Diamond Bar Don Schad Tim Bulmer Public Member, Claire Schlotterbeck Connie Spenger Cheryl Swift Public Member, Steve Feld Roland vom Dorp Jeff Yann Department of Parks and Recreation Geary Hund Santa Monica Mountains Conservancy David Fretz Department of Fish and Game -- Other appointed members I Wilbur Smith WILDLIFE CORRIDOR CONSERVATION AUTHORITY POST OFFICE BOX 9050. BREA, CALIFORNIA 02022 TELEPHONE: (3 10) 589.3230 FAX: (31 Of 5190.3237 DATE : November 5, 1997 70 ; Governing Board FROM JOSEPH T. EDMISTON, AICP Executive Officer MEMORANDUM SUBJECT: Agenda Item VIII. Discussion and possible action concerning appointment procedures and terms of office for Advisory Committee members. The Governing Board has adopted procedures dealing with the qualification, nomination and appointment of Advisory Committee members. The City of Diamond Bar has requested that the Governing Board review these procedures. Bac round: On April 5, 1995, the Governing Board unanimously agreed that each Board member make two appointments for the Advisory Committee. On June 7, 1995 the Advisory Committee's statement of purpose was adopted by the Governing Board. The mission statement is as follows: The Advisory Committee shall describe the function of, existing condition qqs of, and the threats to the wildlife corridor connecting the Transverse ranges \ (San Gabriel and San Bernardino Mountains) to the Peninsular ranges \� (Santa Ana Mountains). In addition, the Advisory Committee shall identify, recommend, and prioritize actions for corridor preservation, acquisition, �( and restoration. On June 14, 1995, the Advisory Committee passed a resolution recommending that the Governing Board consider the appointment of members to the Advisory Committee who have expertise in the following areas: environmental engineers, scientist & data gathers, geotechnical, land use specialist, and environmental law. On November 13, 1995 the Advisory Committee passed a resolution recommending to the Board that they hold two positions open on the Advisory Committee for city representatives not currently participating as members of the Authority, particularly Anaheim and Yorba Linda. The following is a list of current appointed representatives on the Advisory Committee: A PUBUC ENTRY OF THE STATE OF cAUFORNIA ESTABLISHED PURSUANT TD THE JOINT EXERCISE OF POWERS ACT WILDLIFE CORRIDOR CONSERVATION AUTHORITY POST OFFICE BOX 9056, BREA, CALIFORNIA 92822 TELEPHONE: (310( 454.1395 FAX: (310( 454.1396 GLENN PARKER CHAIR CITY OF BREA CLAIRE SCHLOTTERBECK FIELD(M) FIELD(firstname) FIELD,(lastname) J VICE -CHAIR FI ELD(address) PUBLIC MEMBER ORANGE COUNTY FIELD(city), CA FIELD(zip) BOB HENDERSON Advisory Committee Membership CITY OF WHITTIER CAROLE ENGELHARDT CITY OF LA HABRA HEIGHTS CAROLHERRERA CITY OF DIAMOND BAR ELIZABETH CHEADLE SANTA MONICA MOUNTAINS CONSERVANCY DON MONAHAN CALIFORNIA DEPARTMENT OF PARKS AND RECREATION STEVE FELD PUBLIC MEMBER LOS ANGELES COUNTY SCOTT HARRIS EX OFFICIO MEMBER CALIFORNIA DEPARTMENT OF FISH AND GAME Dear FIELD(M) FIELD(lastname): November 20, 1997 Thank you for your ongoing contribution to the Wildlife Corridor Conservation Authority (WCCA) as a member of the Advisory Committee. The Governing Board is in the process of establishing policies and procedures for membership of the Advisory Committee. I am writing to ask if you wish to be reappointed as a Committee member. Please contact Andi Gullo with a response by Tuesday, December 2nd. This item will be discussed at the next regularly scheduled meeting, set for December 3rd. She can be reached at (310) 454-1395,•extension 106. Thank you for your consideration and prompt response. Sine I, Glenn Parker Chairman cc: Advisory Committee Governing Board A PUBLIC ENTITY OF THE STATE OF CALIFORNIA ESTABLISHED PURSUANT TO THE JOINT EXERCISE OF POWERS ACT WILDLIFE CORRIDOR CONSERVATION AUTHORITY GLENN PARKER CHAIR CITY OF BREA CLAIRE SCHLOTTERBECK VICE -CHAIR PUBLIC MEMBER ORANGE COUNTY BOB HENDERSON CITY OF WHITTIER CAROLE ENGELHARDT CITY OF LA HABRA HEIGHTS CAROLHERRERA CITY OF DIAMOND BAR ELIZABETH CHEADLE SANTA MONICA MOUNTAINS CONSERVANCY DON MONAHAN CALIFORNIA DEPARTMENT OF PARKS AND RECREATION STEVE FELD PUBLIC MEMBER LOS ANGELES COUNTY SCOTT HARRIS EX OFFICIO MEMBER CALIFORNIA DEPARTMENT OF FISH AND GAME POST OFFICE BOX 9056, BREA, CALIFORNIA 92822 TELEPHONE: (310) 454-1395 FAX: (310) 454-1396 November 20, 1997 FIELD(M) flELD(firstname) FIELD(lastname) FIELD(address) FiELD(city), CA FIELD(zip) Advisory Committee Membership Dear FIELD(M) FIELD(lastname): Thank you for your ongoing contribution to the Wildlife Corridor Conservation Authority (WCCA) as a member of the Advisory Committee. The Governing Board is in the process of establishing policies and procedures for membership of the Advisory Committee. I am writing to ask if you wish to be reappointed as a Committee member. Please contact Andi Gullo with a response by Tuesday, December 2nd. This item will be discussed at the next regularly scheduled meeting, set for December 3rd. She can be reached at (310) 454-1395; extension 106. Thank you for your consideration and prompt response. Sine I , g�a_ Glenn Parker Chairman cc: Advisory Committee Governing Board A PUBLIC ENTITY OF THE STATE OF CALIFORNIA ESTABLISHED PURSUANT TO THE JOINT EXERCISE OF POWERS ACT WILDLIFE CORRIDOR CONSERVATION AUTHORITY POST OFFICE BOX 9056, BREA, CALIFORNIA 92822 TELEPHONE: (310) 589.3230 FAX: (310) 589-3237 MEMORANDUM Date December 3, 1997 To . Governing Board From �1 v� J EPS I EDMISTON, AICP 0' E cutive Officer Subject: Agenda Item VIII. Discussion and possible action concerning appointment procedures and terms of office for Advisory Committee members. The Governing Board is. considering adoption of resolution for formalized process. Staff Recommendation: That the Authority adopt the attached resolution which specifies the procedures for appointments to the Advisory Committee. Such procedures include annual nomination of members of the public that demonstrate a commitment to the mission and purpose of the Authority; advertisement of vacancies; submission of applications to the Board or designated subcommittee of the Board for a review; a public statement to the Board or subcommittee of the Board; a statement that desired qualifications include experience, expertise or, training in the natural sciences or conservation field as demonstrated by either occupation or advocation; a membership limitation of 15; a term of office of two years; and a statement that Committee members can be removed for cause, and; reappointment of current members. Background: At the meeting of November 5, 1997 the Wildlife Corridor Conservation Authority Board discussed the need to formalize the procedures for appointments to the Authority Advisory Committee. After lengthy discussion, staff was directed to draft a resolution that incorporated the discussion points into a. formalized procedure. In the discussion of November 5th it was agreed that the current membership of the Advisory Committee should be polled to see if all were still willing to participate. A letter from the Chairman was sent to all existing members asking for a response on or before the meeting of December 3rd . It was further decided that current members that wished to continue service on the Advisory Committee should be reappointed in staggered terms. This staggering of terms is addressed in the attached resolution by having 50% of the current Advisory Committee members reappointed for one more year and the other 50% for two more years. It is staffs suggestion that this be done by lottery. A PUBLIC ENTITY OF THE STATE OF CALIFORNIA ESTABLISHED PURSUANT TO THE JOINT EXERCISE OF POWERS ACT THE WILDLIFE CORRIDOR CONSERVATION AUTHORITY December 3, 1997; Agenda Item VIII. Resolution No. 97 - RESOLUTION OF THE WILDLIFE CORRIDOR CONSERVATION AUTHORITY ADOPTING PROCEDURES FOR THE ESTABLISHMENT OF THE ADVISORY COMMITTEE Whereas, .The Wildlife Corridor Conservation Authority (WCCA) was formed for the purpose of providing for the proper planning, conservation, environmental protection and maintenance of the habitat and wildlife corridor between the Whittier -Puente Hills and the Cleveland National Forest in the Santa Ana Mountains; and Whereas, An Advisory Committee was formed to assist the Board in describing the function of, existing condition of, and threats to the wildlife corridor connecting the transverse ranges (San Gabriel and San Bernadino) to the peninsular ranges (Santa Ana Mountains). In addition, the Advisory Committee shall identify, recommend, and prioritize actions for corridor preservation, acquisition, and restoration; and Whereas, The size, scope and terms of the Advisory Committee were discussed by the WCCA Governing Board at the noticed meeting of November 5, 1997; Therefore be it resolved, That the Wildlife Corridor Conservation Authority adopt procedures for the establishment of the Advisory Committee as described in the staff report dated December 3, 1997; and Resolved, The Governing Board of WCCA will nominate, on an annual basis, members of the public who demonstrate a commitment to the mission and purpose of WCCA, to the Advisory Committee; and Resolved, That such nominations will take place after vacancies are advertised and applications submitted for review by the Governing Board or Sub Committee of the Board and that such review will include examination of qualifications and public statements to the Board or Sub Committee of the Board; and Resolved, That qualifications desired by WCCA include experience, expertise or training in the natural sciences or the conservation field, demonstrated by occupation or advocation; and Resolved, That the total membership of the Advisory Committee shall not exceed 15; and Resolved, That terms of service be a two year period; and Resolved, A member of the Advisory Committee can be removed for cause by a majority Agenda Item VIII December 3, 1997 Resolution No. 97 - Page 2 of the Governing Board. Resolved, That Advisory Committee members serving as of November 5, 1997, and who wish to continue said service, shall be automatically reappointed to the Committee at the meeting of December 3, 1997, 50% of them to a one year term and 50% to a two year term, to be determined by lottery; and Further Resolved, That the Wildlife Corridor Conservation Authority hereby directs the Executive Officer to take such actions as may be necessary to carry out the provisions of this resolution to safeguard the expenditure of public funds or to otherwise comply with law, administrative regulations, or the policies of the Wildlife Corridor Conservation Authority. Chair AYES: NOES: ABSTENTIONS: ABSENT: I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the Governing Board of the Wildlife Corridor Conservation Authority, duly noticed and held according to law, on the 3rd day of December, 1997. Dated: Executive Officer "`1.4 MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL FROM: TERRENCE L. BELANGER, CITY MANAGER Iq RE: OPPOSITION TO THE LOS ANGELES COUNTY POLICY REQUIRING THE ESTABLISHMENT OF AT RISK YOUTH EMPLOYMENT PROGRAMS, AS A CONDITION FOR THE RECEIPT OF 1992 AND 1996 PARK BOND ACT MONIES DATE: DECEMBER 16, 1997 ISSUE: Shall the City of Diamond Bar oppose the L.A. County policy that requires cities receiving monies from the 1992 and 1996 Park Bond Acts to expend an amount equal to ten percent (10%) of the funds, to establish at risk youth employment programs? RECOMMENDATION: It is recommended that the City of Diamond Bar oppose the L.A. County policy that requires the establishment of at risk youth employment programs as a condition of the receipt of monies from the 1992 and 1996 Park Bond Acts; and directing the Mayor to address a letter expressing the City Council's opposition to the County policy.. DISCUSSION: This policy, which was not set forth in either of the bond measures or a part of the promotion and marketing of the bond measures, is being imposed post facto and is retroactive. The City of Diamond Bar would have it's voter approved allocation reduced by $233,976, if the City does not establish an at risk youth employment program expending an amount money equivalent to $233,976. In addition, the City would have to allocate $233,976 in General Fund monies to fund the payment of contracted for Pantera Park development costs. The San Gabriel Valley Council of Governments has prepared a letter of opposition, which is attached for your information. San oa6riel vaUey Council of Governnnents 234 North El Morino Avenue, Suite 202, Pasadena, CA 91101-1675 • (626) 564-97M • FAX (626) 564-1116 G%jWrAALNG BOARD Pr WM1 Ciuevwft October 15, 1997 Ver Pretire"t I larrin 4y Baldw Un ab" Trmuml udder To: MayWCOuticilmembers L.I. Meekdy P.ulspa From: Algird G. Leiga rn Al Alham6n President C'1 Barbara Kuhn Andia RE: LA County Park Bond Measures China Madrid At Risk Youth Employment policy Areas ante Lowes 'laid". Peri I trice IS. LaPisto-Crttey In 1992 and again in 1996, L.A. County voters approved a special assessment on all- ,radd�ry parcels in the County to support the acquisition, construction and maintenance of ars thnathn C'hnsuarann wide variety of park and recreation facilities. To date, all of our cities who have Robert Etat received and expended monies from the 1992 measure are scheduled to start receiving rAarand In additional funds under the recently passed 1996 measure. These special tax funds are John Rasana providing much needed resources to our already strained Park and Recreation ratan. Departments' capital and operating budgets. Patna Wallach `l mn"1e Los Angeles County Board of Supervisors serves as the Board of Directors for the c .MdMaa Park and Open Space District, the Agency created to administer the two bond Manuel Garcia measures. The Board recently passed a policy requiring each city receiving funds from :ndmtry these two bond measures for site development and maintenance to 3 M yhatunm programs expend an amount equal to 10% of those funds on the employment of At -Risk -Youth. This Edward Ch2ver requirement is retroactive to prior year expenditures and must be used to fund W ru"fe expanded or new employment programs for this targeted group. Current expenditures Thomas Harvey for youth employment programs in your cities can not be used to meet this L Vcrne requirement wlttimn Mdurart unn6.beU . Judy Chu Both ballot m m no mention of Xguth 10 t irements. Monterey Park Moreover, the implementation of this policywill result in the diminution of actua city Paul utde P—de"a cash specifically outlined in the two ballot texts. The attachment illustrates the Neu Sato policy's fiscal impact on the 30 cities in our Valle Once y Y� calculate the impact on Pomona Robert Brumch your respective city, i am confident you will a y gree this is a significant impact and cannot go unchallenged. Furthermore, we believe the County Board of Supervisors Koaeanad does not have the authority to unilaterally adopt policies that retroactively alter the Cards Marr, -.intent and the specific language of a voter adopted measure. San Dimas °on Oxton San Manro To date, we have been unsucceseful in getting the Board to modify this policy. We Jams Heswr have requested the following changes: Siena Ma@n Imp `ndales a No pt�ovisions of this policy can be retroactive to funds previously expended. Harry Knapp South Paudem lw�wemacrth a Monies specifically identified in the measure and approved by the voters to be allocated to cities on a per capita basis and fund Capitol must Richard Metancin projects be provided in full and exempt from this West Covina policy. William Kdiytl5totnda Ci ty Manaser a TAC Mayor/ Councdir embae October 15, 1997 Page Z • Funds allocated to support future maintenance and operation must be used for their intended purpose and remain exempt from the requirement. • Existing youth employment programs provided by cities are eligible to meet matching requirements in those programs having at risk youth employment Provisions. We are confident that upon receipt of a unified response from all of the cities, the Board of Supervisors wiU revise their current policy. Frankly, there is too much at stake for our cities to let this go unchallenged. We would like to have a letter/resolution from each city sent to your respective Supervisor, on or before November, supporting the SGVCOG's request. If you have any questions or issues, please contact COG offices at 626-564-9702 Thank you for your support JlnjleV IF -4 JAIN{MJXViM .i I I I S/S wv SS:O [ L S/S/Z l 00/-9-1799 929 Dui 'saaeioossy ox0jiv MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL FROM: TERRENCE L. BELANGER, CITY MANAGER% RE: OPPOSING THE INITIATIVE THAT WOULD PROHIBIT THE AWARDING OF COMPETITIVE CONTRACTS FOR DESIGN AND ENGINEERING SERVICES, FOR PROJECTS INVOLVING STATE FUNDS. DATE: DECEMBER 16, 1997 ISSUE: Shall the City of Diamond oppose the initiative that would prohibit the awarding of competitive contracts for design and engineering services, for projects involving State funds? RECOMMENDATION: It is recommended that the City Council direct the Mayor to prepare a letter expressing the City of Diamond Bar's opposition to the June, 1998 initiative which prohibits competitive contracts for design and engineering services related projects that involve State funds. DISCUSSION: The Professional Engineers in California Government (PECG) has qualified an initiative for the June, 1998 ballot. The initiative would prohibit the awarding of competitive contracts for design and engineering services, if State funds are involved. PECG is attempting to eliminate any private sector competition on State funded design and engineering projects. City Councils would have no discretion, where State funds (whole or in part) are involved in city public works projects. This initiative virtually eliminates private sector competition and local jurisdictional control over local projects where State funds are involved. Instead, only State employees could utilized for such projects. STOP THE COMPETITION IaLLER Callomia Chamber of Commerce California Taxpayers' Association Association of California School November 20, 1997 Adminislrabws California School Boards Association Coalition for Adequate School Carol Herrera Housing Mayor pro Tem California Healthcare Association League of California cities 21660 E Copley Dr # 100 Associated General Contraclors of Diamond Bar, CA 91765 California Association of California Water Agencies Dear Mayor pro Tem Herrera: CaHomia Building Industry Association California Transit Association Please join the League of California Cities, California Contract Cities, California Manufacturers Association California Highway users Conference the cities of Duarte, Cerritos, Hawaiian Gardens, Monterey Park, Palos Verdes Consulting Engineers and Lara Estates, Redondo Beach, Rolling Hills Estates and the San Gabriel Valley Surveyors of Cailomia American Institute of Architects, Council of Governments in opposing a measure on the June 1998 ballot that Calfomie Council would adversely impact your city. In addition, the Los Angeles County Board California Groundwater Association Latin Business Association of Supervisors voted unanimously to oppose this initiative because it would Howard Jarvis Taxpayers Association strip cities and counties of local control over local infrastructure project CaliforniaBusiness Properties development, and delay the completion of important infrastructure projects for California Association of Sanitation years. Agencies California Contract Cities Association California Municipal Utilities We urge your city council to immediately adopt a resolution to this anti- Association Association for California Tat Reform local government initiative, and join your neighboring cities and county in Alliance of California Taxpayers and stopping this initiative. Involved Voters Caltmia Minority and Women Businesses Coalition How would the initiative impact your city? It would eliminate local American Planning Association, Chapter control over infrastructure projects. Any Public works project that involvesCalifornia American Society of Civil Engineers any state funding -- including bond funding -- or if the state has any California Land Surveyors Association Voters for Lower Taxes ownership, liability or responsibility fer construction operation orResponsible Structural EngineersAssociation of maintenance would have to be reviewed by the State Controller's Office. aCamlifrforn consulting Engineers Under the initiative, the State Controller's Office would be required to Council conduct a rigged cost analysis guaranteeing that most infrastructure projects Los Angeles County Board of would be designed only b the state civil engineers, and not b private g Y Y 8 Y Supervisors Riverside County Transportation contractors who are accountable to the needs of local cities. Commission San Jose City Council Sonoma County Board of Supervisors It would dela important local and state infrastructure projects. Y � P P l San Juan Unified School District Building new projects already takes too long. Under this initiative, a whole Metropolitan Transportation Commission new layer of bureaucracy would be created requiring the State Controller's Santa Clara County Cilias Association office to review each and every local project along with tens of thousands of verity Santa lam alley Manufacturing Sarna Clara Valley Manu(adrmng other state local and private building projects. Because the measures specifies � P� g P j P Group no deadline by which this office must act, it would become arp oject Fresno County Board of Supervisors orange County Business Council bottleneck further delaying projects that are needed now. Y g P J San Gabriel Valley of Governments Sunnyvale City Council United Chambers of Commerce palmist Taxpayers Fed Up With More State Bureaucracy (Fed UpA A coalition of business, engineers, architects and taxpayers. ®"" 111 Anza Boulevard, Suite 406 Burlingame, CA 94010 9 (650) 340-0470 - FAX: (650) 340-1740 - Tax ID #960380 Normal contract conditions, such as delivering a project on schedule and within the budget are conspicuously missing from this initiative and, what's more, local city councils would have no say in the process. Who is behind the initiative? A state engineers' group, Professional Engineers in California Government (PECG), which has spent $2.1 million to put this measure on the ballot. This initiative is part of a decade-long strategy by PECG to prevent private sector competition on design and engineering projects. The core issue of the initiative is a simple one: Should virtually all design and engineering project development work be done by state employees instead of contractors hired and managed by your city? Who is opposed? A large and growing coalition including the League of California Cities, California Contract Cities Association, San Gabriel Valley of Governments, Los Angeles County, Santa Clara County Cities Association, Marin County Council of Mayors and Councilmembers, California School Boards Ass'n, Coalition for Adequate School Housing (CASH), California Special Districts Association, California Minority and Women Businesses Coalition, Associated General Contractors of California, California Transit Ass'n, California Taxpayers Ass'n, Ass'n of California Water Agencies, California Healthcare Ass'n, Consulting Engineers and Land Surveyors of California, American Institute of Architects, California Council, California Chamber of Commerce, and many others. Enclosed is some information about the initiative. I urge your city to adopt a resolution opposing this initiative (a sample resolution is enclosed) at your next council meeting. If you have questions, please call me at (310) 996-2600. Thank you for your immediate consideration. Sincerely, Ted Green Coalition Director i COMPETITION KILLER WHY PUBLIC WORKS PROFESSIONALS OPPOSE THE COMPETITION KILLER INITIATIVE A state engineersgroup has spentmore than $2m/ll/on to place an initiative on the ne0statewide bal/ottheyclaim h%as taxpayers Butrt'sreallya Competition Killer It would create a nggedbldd/ng system thatel/m/notes local control over virtuallyall major public works projects and delays vitalinfras/ructure projects ELIMINATES LOCAL CONTROL: The core issue with this initiative is a simple one: Should virtually all design and engi- neering project development work be done by state employees instead of consultants hired and managed by local officials? The Competition Killer Ini- tiative applies to all local architecture and engi- neering contracts if the project involves the ex- penditure of any amount of state funds or if the state has any form of ownership, responsibility or liability. Specifically, it requires each and every state, Io - Here's the rub: Initiative promoters rigged the cost -analysis against private firms by making bureaucratic costs appear artificially low by ig- noring important items such as employee sala- ries and other overhead. That means, in almost all cases, your agency won't be bl t "This section shall also apply to contracts for services specified in subsection (a) awarded by private entities or local public entities when the contract awarded by the public or private entity involves expendi- ture of state funds or involves a program, project, facility orpublic work for which the state or any state agency has or will have ownership, liability orresponsibilityforcon- struction, operation or maintenance. " Sec- tion 3(b) cal and private projects to submit A/E contracts to the State Controllers Office to conduct a cost -analysis comparing private sector and state civil service costs to perform that project. With some minor excep- tions, contracts cannot be awarded to private A/E firms if this cost comparison shows that civil service costs might be lower than private costs for performing these contracts. a e o award an A/E contract to the firm you choose. What are your options? The ink tiative provides only one explicit alternative: State employees must do the A/E work instead of con- tractors chosen by and accountable to local of- ficials. PROJECT DELAYS: Faced with reviewing tens of thousands of Projects, the State Controller's Office would be- come a project bottleneck for state, local and Private projects. Moreover, the initiative speci- fies no deadline by which the State Controller must act. And currently, this office has no engi- neering or architectural expertise. And what's more, local agencies would have no say in the process. INCREASES STATE BUREAUCRACY LBycrecrtingariggedbiddingsystem, Jm the Competition IQller initiative effec- tively requires that virtually all architectural and design work be shifted to state employees. If it becomes law, the state would be forced to hire up to 12,000 new employees at a cost of $1.5 billion a year. WHO IS PROMOTING THE COMPETITION KILLER INITIATIVE? A state engineers group known as Professional Engineers in California Government (PECG) has spent more than $2 million to place this initia- tive on the ballot. They claim its to help tax- payers, but their real goal is to feather their own nest at the expense of taxpayers. "If passed, (the Competition IGller kitiativel would completely change the way state and local governments con- tract for engineering and design work byghgi yythestate total contrvl ofneady every but/ding project in Califomia. " city of Pleasanton "Tile proposed initiative ;W11 have a major economic impact on the local economy by delaying the construction acrd repakofaiticallyrreededinfrastruc, tore. Couniy of Los Angeles Deparh lent of Public Works t D WHO OPPOSES THE V COMPETITION KILLER INITIATIVE? American Planning Association California Chapter, League of California Cities, Association of California Water Agencies, California Association of Sani- tation Agencies, Association of California School Administrators, California Transit Association, Los Ange- les County, Riverside County Transpor- tation Commission, CNof San Jose, City and County Association of Govern- ments of San Mateo County, Contra Costa County Transportation Authority, Santa Clara County Cities Association, Santa Cruz County, City of Sunnyvale, Sonoma County, California Building In- dustry Association, Associated General Contractors of California, , Consulting Engineers and Land Surveyors of California, American Institute of Archi- tects California Council, California Chamber of Commerce, California Highway Users Conference, California Manufacturers Association, California School Boards Association, California Taxpayers' Association. Taxpayers Fed Up With More State Bureaucracy, a coardion of business, engineers, architects, and taxpayers. 111 Anza Boulevard, Suite 406 -"Burlingame, CA 94010 (415) 340-0470 - FAX (415) 340-1740 we gratefully acknawledge fimmid assistance of CH2M Hill and Kleinfekier, Inc. 7/14/97 HARRY W. STONT, Director April 9, 1996 COUNTY OF LOS ANGELES DEPARTMENT OF PUELIC WORKS 900 $OUTH FREMONT AVENUE ALMAMBRA, CALIFORNIA 9110 -1])1 Telaocw: (111) 014100 League of California Cities 1400 K Street Sacramento, California 95814 ADDRESS ALL CORRFSAONDDiCE TO: F.O.BOX 1160 ALHAMBRA, CALIFONNIA 91903.1450 IN RULY FLEAEE PIMA Tome: AS -0 OPPOSE PROPOSED BALLOT INITIATIVE ON DESIGN AND ENGINEERING CONTRACTS On April 2, 1996, the Los Angeles County Board of Supervisors voted 4-0 to oppose the proposed ballot Initiative that would prohibit the awarding of contracts for design and engineering services involving State funds. The Board requests that your organization join them in opposing this Initiative, and that you urge your members and other interested parties to join in opposition to this Initiative and not to sign or circulate the Initiative petition, This Initiative would prohibit Counties from contracting with a private company for engineering or design services if the State Controller determined that State employees could perform the work at less cost than the cost of the contract, based on biased criteria specified in the Initiative. In such cases, the County would be required to contract with the State to perform the engineering work. Enclosed is a one-page summary of the issues and impacts of this proposed Initiative. Although the stated goal of the Initiative is to obtain the lowest cost to taxpayers for design and engineering services, we are concerned that this vehicle will have the opposite effect. Additionally, the Initiative would be expected to reduce local control, create major potential delays for County projects, affect local jobs and economies, and increase State Controller costs by about $1 million annually. n League of California Cities April 9, 1996 Page 2 If you have any questions or need additional information, please call John Lounsbery of my staff. at (818) 458-4081. Very truly yours, Z4"� 6cl `S 4 -- HARRY W. STONE Director of Public Works J KL P:Pecg2 Enc. COUNTX QF LQ5 ANGELL5 DEPARTMENT OF PUBLIC WORKS +roe*`, 900 SOUTH FREMONT AVENUE ALHAMBRA, CALIFORNIA 91103.1331 HARRY w. STONL. Dlrwwr Tdepi�ons: (Ilii 111-3100 ADDRESS ALL CORR..SAONDENCE TO: p.o.BOX 1160 ALHAh1BRA. CALIFORNIA 91101.1160 IN REPLY PLEA -VE March 12, 1996 REFER TO FILE: AS-0 ]=CUTIVS SMOIARY RECCMMMED POSITION ON A PROPOSED aXLIAT INI'rIATin Nw_cmaRAc=G our mR Emnmaim SF mcis. ALL SUMMSORIAI., DISTRICTS 3 -VOTES Oppose the proposed ballot Initiative that would prohibit the awarding of contracts for the engineering or design of projects that involve "State funds" unless the contractor provides those services at a lower cost than State civil service employees. Issue a public statement to urge all citizens not to sign or circulate the Initiative petitions so that it does not receive enough signatures to qualify for placement before the voters at the November 1996 election. Request the County Supervisors Association of California and the League of California Cities and other interested parties, to join in opposition of this Initiative and urge their citizens not to sign or circulate the Initiative petition, The proposed Initiative will have a major economic impact on the local economy by delaying the construction and repair of critically needed infrastructure. The biased cost comparison formula contained in the Initiative effectively halts private firms from engineering and designing any public works projects with State or Federal pass-through funding. In addition, the County's earthquake recovery programs could be delayed for many years as a result of this Initiative. The Initiative prevents the awarding of contracts for design and engineering services involving State funds or funds controlled by the State (pass-through funding from Federal Government agencies) if State civil service employees can do the work at a lower cost. Examples of "State funds" that could be involved are Gas Taxes, F'F.MA, and Seismic Bridge Retrofit. The Initiative's sole determinant, under normal business conditions, as to whether a contract may be awarded is a comparison of costs and the formula within the Initiative would effectively prevent most, if not all, competition. The ramifications of the provisions of the proposed initiative are expected to reduce local authority and to cause significant project delays with anticipated increased costs. SAMPLE RESOLUTION WHEREAS; Every day billions of dollars of critical building, engineering and design projects are underway from seismic retrofitting to flood control to schools and hospitals; and WHEREAS; State, regional and local governments are currently allowed the flexibility to contract with private firms, on a competitive basis, to design these projects; and WHEREAS; This process allows government the essential flexibility to use private firms to de- liver a project on time and cost effectively; and WHEREAS; The so-called "Government Cost Savings and Taxpayers Protection Amendment" completely changes the process by giving the state bureaucracy a virtual monopoly on designing every project; and WHEREAS; This will thereby force cities, counties, schools, special districts, regional govern- ments and even many private business to use the state bureaucracy to design roads, parks, hospi- tals, health clinics, schools, water treatment facilities, flood control walls and other critical struc- tures — including all engineering, design, geological and environmental work; and WHEREAS; Virtually every school and hospital has been designed by private firms, not state government; and WHEREAS; The proposed initiative eliminates local control and forces communities to rely on the out-of-town state bureaucracy for their design work; and WHEREAS; Local governments would not be able to hold the state bureaucracy accountable; and WHEREAS; The initiative gives one state politician enormous power to decide who gets tens of thousands of design and building projects worth billions of dollars; and WHEREAS; The state controller would have to analyze tens of thousands of proposed contracts per year costing taxpayers hundreds of thousands of dollars, if not millions, in additional ex- penses; and WHEREAS; To meet potential workload demands, hundreds, if not thousands, of state employees would need to be employed and paid, even if no projects were underway; and WHEREAS; Taxpayers would pick up the tab for billions in extra costs for projects, lost jobs and more state employees to evaluate projects; and WHEREAS; This could mean more delays on important projects such as the Bay Bridge retrofit and the Alameda Rail Corridor in Los Angeles County. THEREFORE BE IT RESOLVED that opposes the so-called "Government Cost Savings and Taxpayers Protection Amendment" that will cost our cities, coun- ties, special districts and economy millions and we support the efforts of the growing coalition of Taxpayers Fed Up With More State Bureaucracy (Fed Up)!. Date Name (please print) Authorized Signature Title Address City/State/Zip Phone FAX Web Site? E -Mail Address Please return to: Taxpayers Fed Up With More State Bureaucracy (Fed Up)! 111 Anza Blvd., Suite 406, Burlingame, CA 94010 or FAX (415) 340-1740. me COMPETITION KILLERInitiative SECTION 1. TITLE Thissail be known and may be cited as the "Government Savings and Taxpayer Protection SECTION 2. PURPOSE AND INTENT It is the intent of the people of the State of California in enacting this measure that engineering, architectural, and similar services pro- vided by the state and certain other entities be fumished at the low- est cost to taxpayers, consistent with quality, health, safety, and the public interest; that contracts for such services be awarded through a competitive bidding process, free of undue political influence; and that contractors be held fully responsible for the performance of their contracts. THEREFORE, THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 3. REQUIREMENTS FOR CONTRACTS FOR ENGINEERING, ARCHITECTURAL AND SIMILAR SERVICES Article VII, section 12 is hereby added to the California Constitution to read: (a) This section shall apply to contracts for engineering, ar- chitectural, landscape architectural, surveying, environmental oren- gineering geology services awarded by the state of California or by any state agency to any public or private entity. As used in this section, "state agency" means every state office, officer, agency, de- partment, division, bureau, board, and commission but does not in- clude the University of California, the California State University and Colleges, and local public entities. "State agency" also includes a state agency acting jointly with another state agency or with a local public entity. As used in this section, "local public entity" means any city, county, city and county, including a chartered city or county, public or municipal corporation, school district, special district, authority, or other public entity formed for the local performance of governmental and proprietary functions within limited boundaries. "Local public entity" also includes two or more local public entities acting jointly. b) This section shall also apply to contracts for services spe fled in subsection (a) award ubI c nti- ties when ontract awarded by the public or private entity es ependiture of state funds or involves a program protect fa- cility cr public work for which the state or any state agency has or will have ownership, liability, or responsibility for construction oDerlulir ,QLmaintenance. As used in this section "state funds" s all money appropria a enditure by the state ora state agency and all money included in special funds that the state or a state agency controls. (c) Prior to the award of any contract covered by this section, the Controller shall prepare and verify an analysis of the cost of per- forming the work using state civil service employees and the cost of the contract. In comparing costs, the cost of performing the work using state civil service employees shall include only the additional direct costs to the state to provide the same services as the contrac- tor, and the cost of the contract shall include all anticipated contract Confinued A bogus and deceptive title dreamed up by initiative promoters to deceive voters. Ask yourself: Would a state bureaucrats' -gr -Cup really spend $2 million to help taxpayers? Promoters say their intent is competitive bidding. If that's true why are the California Taxpayers' Association, Howard Jarvis Taxpayers Association, California Chamber of Commerce, California Healthcare Association, California School Boards Association, League of California Cities and Association of California Water Agencies against it among many others? This section was written to hide what the measure would really do: create a rigged bid in stem_ .to block private se co -R �ot from private architects and engineers in building bridges, flood control projects, schools, parks, highways and prisons. This was written specifically by the state bureaucrats to capture all design and engineering work for bridges, high- ways, mass transit, prisons, schools, flood control and other projects. If it becomes law, the state would be forced to_hire _up to 1.2 000 new empl�ees at a cost of $..1 5 billion a year. The initiative would -threaten safety. By eliminating private sector experts on important seismic and flood control projects proven experience would be ignored and safety compromised. Almost every California school and hospital has been designed by private firms. But under this section virtually all schools, hospitals, flood control levees and jails will be designed by state employees. Local control would be lost under this -section because local projects could be held hostage by an unaccountable state bureaucracy. Normal contract conditions such as delivering a project on schedule and within budget are conspicuously missing from this initiative. And local governments would have no say in the process. This section creates a riged bidding tsys em _ virt al shut competition ng out from private arch iteets a_ tLd engineers• Here's where the initiative would allow state bureaucrat costs to appear artificially low by ignoring essential job expenses such as existing employee compensation, rent, utilities, phones and office expenses as well as insurance, health and safety experts, legal and capital costs. No such breaks for private companies, however, who must include these real-world expenses in their bids. costs and all costs to be incurred by the state, state agencies. and the contracting entity for the bidding, evaluation, and contract award process and for inspecting, supervising, verifying, monitoring, and overseeing the contract. (d) The contract shall not be awarded if either of the following conditions is met: (1) the Controller's analysis concludes that state civil service employees can perform the work at less cost than the cost of the contract, unless the services are such an urgent nature that public interest, health, or safety requires award of the contract; or (2) the Controller or the contracting entity concludes that the con- tract would not be in the public interest, would have an adverse im- pact on public health or safety, or would result in lower quality work than if state civil service employees performed the services. (e) Except for contracts for which a delay resulting from the competitive bidding process would endanger public health or safety, every contract, including amendments, covered by this section that exceeds fifty thousand dollars ($50,000), adjusted annually to reflect changes in the appropriate consumer price index as determined by the Controller, shall be awarded through a publicized competitive bidding process involving sealed bids. Each contract shall be awarded to the lowest qualified bidder. If the contract cost based on the lowest qualified bid exceeds the anticipated contract costs the Controller estimated pursuant to subsection (c), the Controller shall prepare and verify a revised analysis using the contract bid cost, and that revised analysis shall be used in applying subsection (d). (f) For every contract covered by this section, the contractor shall assume full responsibility and liability for its performance of the contract and shall defend, indemnify, and hold the state, the con- tracting entity, and their agents and employees harmless from any legal action resulting from the performance of the contract. (g) This section shall not be applied in a manner that will re- sult in the loss of federal funding to the contracting entity for con- tracts for service. SECTION 4, SEVERABILITY If any provision of this Amendment or its application to any person or circumstance is held invalid, that invalidity shall not affect other pro- visions or applications of the Amendment which can be given effect without the invalid provision or application, and to this end the provi- sions of this Amendment are severable. SECTION S. APPLICABILITY OF CURRENT LAW Nothing in this Amendment shall expand or restrict the state's consti- tutional authority, as determined by decisions of the California Su- preme Court and California Courts of Appeal in effect on the effec- tive date of this Amendment, to enter into contracts with private or public entities. SECTION 6. RELATIONSHIP TO OTHER MEASURES To the extent that any other measure on the same subject shall be on the ballot at the same election, it is the intent of the voters that this measure be deemed, to the maximum extent possible, not to be in conflict with such other measure, but rather that this measure should be harmonized with the other measure. These sections would create a bureaucratic black hole for vital school, transportation, flood control, seismic safety and other projects. The initiative creates a virtual Public Works Czar by giving one politician — the state controller — enormous power to decide on tens of thousands of projects worth billions of dollars. That's just too much power_toive one politician. Because the initiative specifies no deadline by which this Public Works Czar must act, that office would become a project bortieneck indefinitely delaying vital school, highway, transit, flood control and bridge projects. The complete lack of any engineering or architectural experience in the state controller's office, coupled with the enormous responsibilities of managing the process, would inevitably dela)r1impor projects such as replacing -the Bay_ Bridge, construction_ of she Alameda Rail Corridor in los-Angelesand seis_mic_retrofiits throughout the state. This bogus section talks about competitive bidding. But because of the rigged cost -comparison there won't be any competitive bidding for design and engineering work. Only state bureaucrats will get these jobs, and taxpayers will pay the price. Contractors are •ready fully responsible for their work and can lose their licenses and current and future business if they don't perform. But this section is unfair because it requires design consultants to be responsible for the mistakes of ethers including the state bureaucrats. Engineering and architectural services are the gateway to construction. As the state is denied these private sector services up to 100,000 private construction and related jobs :ould be lost in the first two years alone, as a result of :onstructfon delays caused by this initiative. rhe initiative would be locked into the California Coli :ion ol itu- :ion and would supersede all current procurement statutes. ro correct any Flaws, another constitutional ballot issue and statewide vote would be required. Even the legislature :ouldn't correct the serious flaws. Taxpayers Fed Up With More State Bureaucracy A Coalition of business, engineers, architects and taxpayers 111 Anza Blvd. #406 Burlingame, CA 94010 (415)340.0470 I1 960380 We gratefully acknowledge the financial assistance of Ci HILL and Parsons Brinkerhoff. m®'"- 10;15197 I� COMPETITION KILLER WHY PUBLIC WORKS PROFESSIONALS OPPOSE THE COMPETITION KILLER INITIATIVE A state engineersgroup hasspentmore than $2mlllion to place an initiative on lhenextstatewideballottheycla/mhelastaWayers ButirsreallyaCompe0on Kllei It would create a rigged bidding system thateliminates local control over virtually all major public works projects and delays vital infrastructure projects. ELIMINATES LOCAL CONTROL: The core issue with this initiative is a simple one: Should virtually all design and engi- neering project development work be done by state employees instead of consultants hired and managed by local officials? The Competition Kller Ink tiative applies to all local architecture and engi- neering contracts if the project involves the ex- penditure of any amount of state funds or if the state has any form of ownership, responsidlityor liability. Specifically, it requires each and every state, ko- cal and private projects Here's the rub: Initiative promoters rigged the cost -analysis against private firms by making bureaucratic costs appear artificially low by ig- noring important items such as employee sala- ries and other overhead. That means, in almost all cases, your agency won't be able to award 'This section shall also apply to contracts for services specified in subsection (a) awarded by private entities or local public entities when the contract awarded by the public or private entity involves expendi- ture of state funds or involves a program, project, facilityorpublic work for which the state or any state agency has or will have ownership, liabiMyorresponsibilityforcon- strucdon, operation or maintenance.' Sec- tion 3(b) to submit A/E contracts to the State Controllers Office to conduct a cost -analysis comparing private sector and state civil service costs to perform that project. With some minor excep- tions, contracts cannot be awarded to private A/E firms if this cost comparison shows that civil service costs might be lower than private costs for performing these contracts. an A/E contract to the firm you choose. What are your options? The ini- tiative provides only one explicit alternative: State employees must do the A/E work instead of con- tractors chosen by and accountable to local of- ficials. PROJECT DELAYS: Faced with reviewing tens of thousands of projects, the State Controller's Office would be- come a project bottleneck for state, local and private projects. Moreover, the initiative speci- fies no deadline by which the State Controller must act. And currently, this office has no engi- neering or architectural expertise. And what's more, local agencies would have no say in the process. JLINCREASES STATE BUREAUCRACY Sycreating a rigged bidding system, the Competition Killer initiative effec- tively requires that virtually all architectural and design work be shifted to state employees. If it becomes law, the state would be forced to hire up to 12,000 new employees at a cost of $1.5 billion a year. WHO IS PROMOTING THE COMPETITION KILLER INITIATIVE? A state engineers group known as Professional Engineers in California Government (PECG) has spent more than $2 million to place this initia- tive on the ballot. They claim its to help tax- payers, but their real goal is to feather their own nest at the expense of taxpayers. 1f passed, (the Competition N11er initiative) would completely change the way state and local governments con- tract for engineen'ng and design work bygh&7_gthe state total control ofneady every building project in California. City of Pleasanton the proposed initiative will have a major economic impact on the local economy by delaying the construction andreparrofdidcallyneededinf asftc, ture " County of Los Angeles Department of Public Works F•ED WHO OPPOSES THE UPS COMPETITION KILLER INITIATIVE? American Planning Association California Chapter, League of California Cities, Association of California Water Agencies, California Association of Sani- tation Agencies, Association of California School Administrators, California Transit Association, Los Ange- les County, Riverside County Transpor- tation Commission, Cityof San Jose, City and County Association of Govern- ments of San Mateo County, Contra Costa County Transportation Authority, Santa Clara County Cities Association, Santa Cruz County, City of Sunnyvale, Sonoma County, California Building In- dustry Association, Associated General Contractors of California, , Consulting Engineers and Land Surveyors of California, American Institute of Archi- tects California Council, California Chamber of Commerce, California Highway Users Conference, California Manufacturers Association, California School Boards Association, California Taxpayers' Association. Taxpayers Fed Up With More State Bureaucracy, a coalition of business, engineers, architects, and taxpayers. 111 Anza Boulevard, Suite 406 •'Burlingame, CA 94010 (415) 340-0470 • FAX (415) 340-1740 We gratefully acknowledge financial assistance of CH2M Hit and Kleinfelder, Inc. 7/14/97 Califomia Chamber of Commerce California Taxpayers' Association Association of CaBfomia School Administrators Califomie School Boards Association Coalition for Adequate School Housing Callomia Healthcare Association League of California Cities Associated General Contractors of California Association of California Water Asp California Building Industry Association Callomia Transit Association California Manufacturers Association Califomia Highway Users Conference Consulting Engineers and Land Surveyors of California American Institute of Architects, Calffornia Council Calffornia GroundwaterAssociation Latin Business Association Howard Jarvis Taxpayers Association California Business Properties Association Calffomia Association of Sanitation Agencies Callomia Contract Cities Association Cailfomia Municipal Utilities Association Association for California Tort Reform Alliance of California Taxpayers and Involved Voters Cardomia Minority and Women Businesses Coalition American Planning Association, Callomia Chapter American Society of Civil Engineers Califomia Land Surveyors Association Responsible Voters for Lower Taxes Structural Lural Engineers Association of California American Consulting Engineers Council Los Angeles County Board of Supervisors Riverside County Transportation Commission San Jose City Council Sonoma County Board of Supervisors San Juan Unified School District Metropolitan Transportation Commission Santa Clara County Cities Association Contra Costa Transportation Authority Santa Clara Valley Manufacturing Group Fresno County Board of Supervisors Orange County Business Council San Gabriel Valley of Governments Sunnyvale City Council United Chambers of Commerce partial list STOP THE COMPETITION MLLER November 20, 1997 Carol Herrera Mayor pro Tem 21660 E Copley Dr #100 Diamond Bar, CA 91765 Dear Mayor pro Tem Herrera: Please join the LeagU. -- of California Cities, California Contract Cities, the cities of Duarte, Cerritos, Hawaiian Gardens, Monterey Park, Palos Verdes Estates, Redondo Beach, Rolling Hills Estates and the San Gabriel Valley Council of Governments in opposing a measure on the June 1998 ballot that would adversely impact your city. In addition, the Los Angeles County Board of Supervisors voted unanimously to oppose this initiative because it would strip cities and counties of local control over local infrastructure project development, and delay the completion of important infrastructure projects for years. We urge your city council to immediately adopt a resolution to this anti - local government initiative, and join your neighboring cities and county in stopping this initiative. How would the initiative impact your city? It would eliminate local control over infrastructure projects. Any public works project that involves any state funding -- including bond funding -- or if the state has any ownership, liability or responsibility for construction, operation or maintenance would have to be reviewed by the State Controller's Office. Under the initiative, the State Controller's Office would be required to conduct a rigged cost analysis guaranteeing that most infrastructure projects would be designed only by the state civil engineers, and not by private contractors who are accountable to the needs of local cities. It would delay important local and state infrastructure projects. Building new projects already takes too long. Under this initiative, a whole new layer of bureaucracy would be created requiring the State Controller's office to review each and every local project along with tens of thousands of other state, local and private building projects. Because the measure specifies no deadline by which this office must act, it would become arp oject bottleneck further delaying projects that are needed now. Taxpayers Fed Up With More State Bureaucracy (fed Upf A coalition of business, engineers, architects and taxpayers. ®� " 111 Anza Boulevard, Suite 406 Burlingame, CA 94010 • (650) 340-0470 9 FAX: (650) 340-1740 • Tax ID #960380 The COMPETITION KILLER Initiative SECTION 1. TITLE A bogus and deceptive title dreamed up by initiative promoters to deceive voters. Ask yourself: Would a state This s all be known and m�bed as the "Government bureaucrats' group really Spend $2 million to help Cost Savings and Taxpayer Protection Amendment." taxRayers? SECTION 2. PURPOSE AND INTENT It is the intent of the people of the State of California in enacting this measure that engineering, architectural, and similar services pro- vided by the state and certain other entities be furnished at the low- est cost to taxpayers, consistent with quality, health, safety, and the public interest; that contracts for such services be awarded through a competitive bidding process, free of undue political influence; and that contractors be held fully responsible for the performance of their contracts. THEREFORE, THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 3. REQUIREMENTS FOR CONTRACTS FOR ENGINEERING, ARCHITECTURAL AND SIMILAR SERVICES Article VII, section 12 is hereby added to the California Constitution to read: (a) This section shall apply to contracts for engineering, ar- chitectural landscape architectural surveying, environmental, oren- gineering geology services awarded by the state of California or by any state agency to any public or private entity. As used in this section, "state agency" means every state office, officer, agency, de- partment, division, bureau, board, and commission but does not in- clude the University of California, the California State University and Colleges, and local public entities. "State agency" also includes a state agency acting jointly with another state agency or with a local public entity. As used in this section, "local public entity" means any city, county, city and county, including a chartered city or county, public or municipal corporation, school district, special district, authority, or other public entity formed for the local performance of governmental and proprietary functions within limited boundaries. "Local public entity" also includes two or more local public entities acting jointly. (b) This section shall also apply to contracts for services spe fied in subsection (a) award ublic nti- ties when ntract awarded by the public or private entity _ es expenditure of state funds or involves a program project fa- cility or public work forwhich the state or any state agency has or will "state funds:.azemis all money Promoters say their intent is competitive bidding. If that's true why are the California Taxpayers' Association, Howard Jarvis Taxpayers Association, California Chamber of Commerce, California Healthcare Association, California School Boards Association, League of California Cities and Association of California Water Agencies against it among many others? This section was written to hide what the measure would really do: create a rigged bidding system to block private sector competition from private architects and engineers in building bridges, flood control projects, schools, parks, highways and prisons. This was written specifically by the state bureaucrats to capture all design and engineering work for bridges, high- ways, mass transit, prisons, schools, flood control and other projects. If -it becomes law, the state would be forced to hire up to 12,000 new employees at a cost of $1.5 billion a year. The initiative would threaten safety. By eliminating private sector experts on important seismic and flood control projects proven experience would be ignored and safety compromised. Almost every California school and hospital has been designed by private firms. But under this section virtually all schools, hospitals, flood control levees and jails will be designed by state employees. Local control would be lost under this section because local projects could be held hostage by an unaccountable state bureaucracy. Normal contract conditions such as delivering a project on schedule and within budget are conspicuously missing from this initiative. And local vnvarnmants would have nn sav in the process. costs and all costs to be incurred by the state, state agencies, and the contracting entity for the bidding, evaluation, and contract award process and for inspecting, supervising, verifying, monitoring, and overseeing the contract. (d) The contract shall not be awarded if either of the following conditions is met; (1) the Controller's analysis concludes that state civil service employees can perform the work at less cost than the cost of the contract, unless the services are such an urgent nature that public interest, health, or safety requires award of the contract; or (2) the Controller or the contracting entity concludes that the con- tract would not be in the public interest, would have an adverse im- pact on public health or safety, or would result in lower quality work than if state civil service employees performed the services. (e) Except for contracts for which a delay resulting from the competitive bidding process would endanger public health or safety, every contract, including amendments, covered by this section that exceeds fifty thousand dollars ($50,000), adjusted annually to reflect changes in the appropriate consumer price index as determined by the Controller, shall be awarded through a publicized competitive bidding process involving sealed bids. Each contract shall be awarded to the lowest qualified bidder. If the contract cost based on the lowest qualified bid exceeds the anticipated contract costs the Controller estimated pursuant to subsection (c), the Controller shall prepare and verify a revised analysis using the contract bid cost, and that revised analysis shall be used in applying subsection (d). (f) For every contract covered by this section, the contractor shall assume full responsibility and liability for its performance of the contract and shall defend, indemnify, and hold the state, the con- tracting entity, and their agents and employees harmless from any legal action resulting from the performance of the contract. (g) This section shall not be applied in a manner that will re- sult in the loss of federal funding to the contracting entity for con- tracts for service. SECTION 4. SEVERABILITY If any provision of this Amendment or its application to any person or circumstance is held invalid, that invalidity shall not affect other pro- visions or applications of the Amendment which can be given effect without the invalid provision or application, and to this end the provi- sions of this Amendment are severable. SECTION 5. APPLICABILITY OF CURRENT LAW Nothing in this Amendment shall expand or restrict the state's consti- tutional authority, as determined by decisions of the California Su- preme Court and California Courts of Appeal in effect on the effec- tive date of this .Amendment. to enter intn rnntmnts with nrivate nr These sections would create a bureaucratic black hole for vital school, transportation, flood control, seismic safety and other projects. The initiative creates a virtual Public Works Czar by giving one politician — the state controller — enormous power to decide on tens of thousands of projects worth billions of dollars. That's just too much power to give one politician. Because the initiative specifies no deadline by which this Public Works Czar must act, that office would become a project bottleneck indefinitely delaying vital school, highway, transit, flood control and bridge projects. The complete lack of any engineering or architectural experience in the state controller's office, coupled with the enormous responsibilities of managing the process, would inevitably delay important projects such as replacing the Bay Bridge, construction of the Alameda Rail Corridor in Los_Anaeles and seismic retrofits throughout the state. This bogus section talks about competitive bidding. But because of the rigged cost -comparison there won't be any competitive bidding for design and engineering work. Only state bureaucrats will get these jobs, and taxpayers will pay the price. Contractors are ?'ready fully responsible for their work and can lose their licenses and current and future business if they don't perform. But this section is unfair because it requires design consultants to be responsible for the mistakes of others including the state bureaucrats. Engineering and architectural services are the gateway to construction. As the state is denied these private sector services up to 100,000 private construction and related jobs could be lost in the first two years alone, as a result of construction delays caused by this initiative. The initiative would be locked into the California Constitu- tion and would supersede all current procurement statutes. To correct any flaws, another constitutional ballot issue and statewide vote would be required. Even the legislature GITT OF DIAMOND BAR AGENDA REPORT AGENDA NO. 9.6 TO: Honorable Mayor and Members of the City Council MEETING DATE: December 16,1997 REPORT DATE: December 11, 1997 FROM: Lynda Burgess, City Clerk TITLE: PROPOSITION 208 • OBJECTION TO INTERPRETATION PROMULGATED BY FAIR POLITICAL PRACTICES COMMISSION REGARDING DEPOSIT OF SURPLUS CAMPAIGN FUNDS SUMMARY: On November 5,1996, Proposition 208, the California Political Reform Act of 1996, was passed by the voters which amended the Political Reform Act of 1974. New provisions became effective January 1, 1997 limiting the amount of contributions individuals, corporations, unions, PAC's, organizations and other entities may contribute to candidates seeking election in local jurisdictions. One such provision, Government Code Section 89519, now indicates that any campaign funds in excess of expenses by candidates seeking election are considered "surplus" and must be "distributed" within 90 days after withdrawal, defeat or election to office. Methods of distribution include deposit of up to $10,000 of surplus campaign funds into a candidate's officeholder account, contribution to any political party, return of contributions to contributors on a pro rata basis, or turned over to the General Fund. The actual text of Proposition 208 does not specify whether such deposit to the "General Fund" should be made to the City's General fund or the State's General Fund. In its Proposition 208 Fact Sheet published by the Fair Political Practices Commission in February, 1997, the FPPC interpreted Section 89519(b) to mean the State of California General Fund for leftover surplus funds. It is felt that this interpretation lacks fundamental logic in that it ignores and rejects the concept of returning surplus monies to the jurisdiction in which a candidate ran for office. Therefore, the relevant jurisdiction should receive the surplus campaign funds to place in the jurisdiction's General Fund. RECOMMENDATION: It is recommended that the City Council authorize the Mayor to write to the Fair Political Practices Commission expressing opposition to the interpretation that Proposition 208 intended that surplus campaign funds should be deposited into the State's General Fund; but, rather, that such funds should be returned to the General Fund of the jurisdiction in which a candidate ran for office. LIST OF ATTACHMENTS: — Staff Report _ Resolution(s) _ Ordinance(s) Agreement(s) EXTERNAL DISTRIBUTION: SUBMITTAL CHECKLIST: Public Hearing Notification Bid Specification (on file in City Clerk's office) Other: 1. Has the resolution, ordinance or agreement been reviewed by the City Attorney? _ Yes X No 2. Does the report require a majority vote? X Yes X No 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: DEPARTMENT HEAD: Terrence L. Belanger Frank M.she Lyn a Burgess 19 City Manager Deputy City Manager City Clerk 2 9 4. 5. 6. 7. MINUTES OF THE DIAMOND BAR REDEVELOPMENT AGENCY REGULAR MEETING OF THE BOARD OF DIRECTORS NOVEMBER 18, 1997 CALL TO ORDER: Chairman Werner ROLL CALL: Agency Members Ansari, Herrera, Vice Chairman Huff, Chairman Werner. Agency Member Harmony was excused. Also present were: Terrence L. Belanger, Executive Director; Michael Jenkins, Agency Attorney; James DeStefano, Deputy City Manager; Frank Usher, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Assistant Finance Manager and Lynda Burgess, Agency Secretary. PUBLIC COMMENTS: None offered. CONSENT CALENDAR: AM/Herrera moved, AM/Ansari seconded, to approve the Consent Calendar. Motion carried by the following Roll Call vote: AYES: AGENCY MEMBERS - Ansari, Herrera, VC/Huff, Chair/Werner NOES: AGENCY MEMBERS - None ABSENT: AGENCY MEMBERS - Harmony 3.1 APPROVED MINUTES: 3.1.1 Town Hall Meeting of September 30, 1997 as submitted. 3.1.2 Regular Meeting of October 7, 1997 as submitted. 3.1.3 Special Meeting of October 22, 1997 as submitted. 3.1.4 Town Hall Meeting of October 25, 1997 as submitted. 3.2 APPROVED VOUCHER REGISTER dated November 18, 1997 in the amount of $1,140.00 3.3 RECEIVED AND FILED FISCAL YEAR 1996-1997 ANNUAL FINANCIAL STATEMENT AND INDEPENDENT AUDITOR'S REPORT FOR YEAR ENDED JUNE 30, 1997. 3.4 ADOPTED RESOLUTION NO. R97-16: A RESOLUTION OF THE CITY OF DIAMOND BAR APPROVING ADVANCE AND REIMBURSEMENT AGREEMENT NUMBER 5 WITH THE CITY OF DIAMOND BAR. PUBLIC HEARINGS: None OLD BUSINESS: None NEW BUSINESS: None AGENCY MEMBER COMMENTS: Chair/Werner stated that he appreciated the NOVEMBER 18, 1997 PAGE 2 REDEV. AGENCY opportunity to serve as the Redevelopment Agency Chairperson and thanked staff for their support. 8. AGENCY SUBCOMMITTEE REPORTS: None 9. AGENCY ADJOURNMENT: There being no further business to conduct, Chair/Werner adjourned the Redevelopment Agency meeting at 8:10 p. M. ATTEST: Chairman LYNDA BURGESS Agency Secretary 2. 3 4. CITY OF DIAMOND BAR AND DIAMOND BAR REDEVELOPMENT AGENCY TOWN HALL MEETING NOVEMBER 22, 1997 CALL TO ORDER: Mayor Huff called the meeting to order at 9:22 a.m. in the Castle Rock Springs Elementary School Multi -Purpose Room, 2975 Castle Rock Drive, Diamond Bar, California. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was led by Agency Member Ansari. City Council Roll Call: Council Members Ansari, Harmony, Mayor Pro Tem Herrera and Mayor Huff. Council Member Werner was absent. Agency Roll Call: Agency Members Ansari, Harmony, Herrera, and Vice Chairman Huff. Council Member Werner was absent. Also present were: Terrence L. Belanger, City Manager/Agency Executive Director; James DeStefano, Deputy City Manager; Frank Usher, Deputy City Manager and Lynda Burgess, City Clerk/Agency Secretary. WELCOME AND INTRODUCTION. Mayor Huff OVERVIEW OF REDEVELOPMENT. Council and Agency Members agreed to dispense with the overview and concentrate on questions from the audience. QUESTIONS AND COMMENTS CONCERNING REDEVELOPMENT AND THE REVITALIZATION AREA PLAN. Roger Meyer asked why, when the City Council voted to exclude it, eminent domain is still contained within the redevelopment document. CM/ED/Belanger responded that when Council adopted the current Redevelopment Plan, it adopted a resolution specifying that eminent domain would not be utilized in implementing the Redevelopment Project Area Plan in lieu of entering into a lengthy process to revise the Plan. The policy of the current Council is to not use eminent domain to implement the Plan. C/AM/Harmony said he was absent from the meeting in which Council removed eminent domain authority but that he understood that, by a majority vote of the City Council, the power of eminent domain can be immediately restored. CM/ED/Belanger explained that the intent of the resolution eliminating eminent domain authority is to provide that any future Council must go through the lengthy process of revising the Redevelopment Plan in order to restore the power of eminent domain. NOVEMBER 22, 1997 PAGE 2 TOWN HALL MEETING Responding to C/AM/Harmony, M/Huff stated the City Council currently has eminent domain powers. If the Redevelopment Agency chose to reinstate eminent domain, only business properties and two non -conforming residential properties within the Project Area would be effected. CM/ED/Belanger explained that Redevelopment Law allows a redevelopment agency the use of the power of eminent domain only for the first 12 years of the existence of a project area plan. It is likely that Redevelopment agencies in general will experience problems requiring the use of eminent domain with respect to residential properties and not with commercial and industrial properties. Commercial and industrial property and businesses owners tend to work more cooperatively with redevelopment agencies. MPT/AM/Herrera reiterated her position that she did not want eminent domain included in the redevelopment plan. Mr. Meyer asked if the City will have to create roadways outside the project area to accommodate additional vehicular traffic contemplated by the attraction of additional businesses to the community. CM/ED/Belanger explained that the plan contemplates commercial and industrial rehabilitation and business expansion and retention programs. The current roadways were designed to handle commercial center traffic at their maximum anticipated occupancy. Mr. Meyer pointed out that, with the addition of the movie theater, the Country Hills Towne Center has experienced increased residential cut -through traffic. He asked if the City will experience such problems as a result of adding businesses to other commercial centers. CM/ED/Belanger stated that the Country Hills Towne Center is affected by traffic from outside the area which in turn affects Fountain Springs Rd. The addition of businesses to the Center may or may not affect regional traffic. The redevelopment plan evaluation process will study the impacts of additional retail providers. Mr. Meyer asked if, through redevelopment, the City is becoming a lending agency. CM/ED/Belanger responded that, in part, the City will become a lending agency. Redevelopment resources are created from property taxes paid by property owners within the project area. These resources will be reinvested in those same properties. MPT/AM/Herrera stated that the objective of the redevelopment agency is to attract additional business to provide opportunities for residents to shop in the community. C/AM/Ansari stated that, for 4 years, the City has tried to attract businesses to D.B NOVEMBER 22, 1997 PAGE 3 TOWN HALL MEETING When Council Members and staff attempt to market the City, one of the questions that many businesses ask is if the City has a redevelopment agency. D.B. has not been competitive with surrounding communities that have redevelopment agencies. She asked citizens to remember that only 10% of the City is included in the redevelopment plan. Mr. Meyer asked why the Gateway Corporate Center had not been filled with office buildings as originally contemplated. CM/ED/Belanger explained that Gateway Corporate Center construction was commenced at the height of the real estate market and completed at the time the real estate market began its downward plunge. The Center is attempting to adjust to the market that is causing businesses to move more slowly with respect to relocating into the City. He cited the fact that while the South Coast Air Quality Management District is a fine building, it is tax exempt and does not contribute to the City. As a result of the lack of activity, under the law, the Center is deemed to be blighted. C/AM/Harmony stated that Zelman chose to not sell their Gateway Corporate Center property until property values increased. He said the Gateway Corporate Center does not meet the legal definition of blight. M/VC/Huff stated that Mr. Harmony's reference to $300,000,000 of "your" dollars is a misrepresentation. Those are tax dollars paid by businesses currently going outside of the City. By bringing those tax dollars back into the community through redevelopment, we can reinvest in the community. Redevelopment would allow D. B. to spend its own money and not pass it through to the County for disbursement to other cities and agencies. CM/ED/Belanger read the definition of economic blight from the Code in response to C/AM/Harmony's assertion that the Gateway Corporate Center is not blighted. Further, he stated that he had never distributed a copy of the lawsuit to City Council Members. C/AM/Harmony said he received a copy of the lawsuit Mr. Meyer asked how the City recovers monies invested in the redevelopment project area. CM/ED/Belanger responded that if project area dollars are loaned to a business within the project area, the business would be required to repay that loan in the same manner in which a party would be required to repay a bank loan. Mr. Meyer asked if the Redevelopment Agency would use special interest rates to attract business. NOVEMBER 22, 1997 PAGE 4 TOWN HALL MEETING CM/ED/Belanger responded that redevelopment agencies seek to make it more attractive for commercial and industrial business owners to engage in rehabilitation activities. The primary goal of this project is to rehabilitate and retain existing businesses. Therefore, to accomplish these goals, loans may be granted at an interest rate that is below the current market rate. Mr. Meyer, said that several people are afraid that the redevelopment agency is a giveaway program. CM/ED/Belanger stated that, in cases where incentives are given to attract business, the evaluation process determines whether that business will return a greater amount of tax dollar revenue to the City than the community has invested in the attraction of the business. C/AM/Ansari left the meeting at 10:12 a.m. Art O'Daly said that Mr. Harmony is putting forth a great deal of misinformation. He reminded the participants that a Vice President of Zelman Development stated that if D.B. had had a redevelopment agency, Avery Dennison would have remained in the City. C/AM/Harmony reiterated that his investigation revealed that Brea did not invest one dollar toward attracting Avery Dennison. CM/ED/Belanger reiterated that all decisions related to investment issues, loans, etc. are made by the redevelopment agency board of directors at public hearings. He explained how the Brea Redevelopment Agency wrote down improvements which rendered the property more attractive for Avery Dennison's relocation. In response to C/AM/Harmony's statement, he stated that D. B. donates an extra $1,000,000 per year for fire protection. D.B. also subsidizes the County Library. MPT/AM/Herrera stated that the City is in the process of formulating a specific redevelopment plan. Contrary to Mr. Harmony's assertion, school districts will benefit from redevelopment. For instance, the redevelopment agency could supplement matching funds for construction of Pantera School. D.B. can benefit from mistakes made by other city's redevelopment agencies. MNC/Huff reminded residents that Diamond Ranch High School is a direct result of redevelopment agency funding. Mr. O'Daly stated that the Chamber of Commerce rejected Mr. Harmony's offer to speak to the Chamber on redevelopment because he continues to distribute misinformation. He asked why the City doesn't contract to lower its fire protection costs. CM/ED/Belanger responded that D.B. is part of the consolidated fire district and as NOVEMBER 22, 1997 PAGE 5 TOWN HALL MEETING a member of the district, there is no process to negotiate a contract. Mr. Meyer asked why Council Members and Agency Board Members are the same people. M/VC/Huff stated that City Council Members are elected and therefore, directly accountable to the people. The current arrangement is more economically feasible with respect to compensation and time involved. CM/ED/Belanger stated that very few cities have redevelopment agency boards separate from the City Council which allows for a much higher level of cooperation between the business property owners and decision makers. The benefit is that, in the event the voters do not approve of the decision maker, they can be recalled or not re-elected as a Council Member and simultaneously be removed as a redevelopment agency member. Mr. Meyer suggested that a City of Industry street addition would result in lack of support to local businesses. MNC/Huff responded that the City of Industry is not in D.B.'s sphere of influence CM/ED/Belanger explained that D.B. will negotiate with the City of Industry to impose "impact fees" because of development which will have an impact on the City of D.B. The same type of negotiations are taking place with the City of Chino Hills for development of property within their community which will have an impact on D. B. Mr. Meyer expressed concern that, in the event a Tonner Canyon bypass road is built, D.B. will lose traffic which will influence businesses not to locate in the City. He asked what the City is looking for. MNC/Huff responded that D.B. is looking for less traffic. He reiterated that there is sufficient traffic within the City to support existing businesses. While some stores are seeking high traffic counts, if the nature of the City is to reduce traffic, those businesses will not locate in this City. This City Council's primary concern is to attract the types of businesses that the residents will support. Ron Clark asked if the Redevelopment Agency has the power to overturn the City's adopted General Plan. MNC/Huff responded that the Redevelopment Plan does not change land use. The adopted General Plan refers to the use of redevelopment funds as a mechanism for implementation. CM/ED/Belanger explained that a General Plan is the foundational document of any community. The Redevelopment Area Plan is a secondary document and must be NOVEMBER 22, 1997 PAGE 6 TOWN HALL MEETING in conformance with the General Plan. C/AM/Harmony stated that the General Plan can be amended 4 times a year. He mentioned the current Brea Canyon project as being allowed by the City Council under the City's Hillside Ordinance. DCM/DeStefano stated that, with respect to the development that is occurring on Brea Canyon Road, it is very important to understand that the developer processed the project beginning with the City's Incorporation in 1989. The developer had pre- established rights as a result of a provision in the State Subdivision Map Act that allows for a Vested Subdivision Map. The Vested Subdivision Map allows the developer to proceed under the rules and regulations at the time the application was approved for process. Therefore, that developer's application preceded the adoption of the City's Hillside Management Ordinance. If the project was processed today, it would look dramatically different because it would be following the City's adopted General Plan and provisions within the Hillside Management Ordinance. C/AM/Harmony said Council made exceptions to the Hillside Management Ordinance in approving the project. DCM/DeStefano stated there were no exceptions to the Hillside Ordinance because the Hillside Ordinance that was adopted in 1991 was not required to be complied with by this developer's 1989 Vesting. A Conditional Use Permit was required as a part of the overall development. Mr. Clark asked if there are significant resources in the early years of the Redevelopment Agency to warrant millions of dollars of bonding monies. CM/ED/Belanger responded that the answer to Mr. Clark's question is "No". Based on the consultant's projections shown in Section E of the supplemental report, it is suggested that the maximum bonding capacity for this project area is about $48,000,000. It will take several years for the bonding companies to consider investing in the Agency. Mr. Clark asked if, as a result of the Agency's lack of cash flow in the early years, would the Agency then have more time to fine-tune its goals and objectives. CM/ED/Belanger responded that one of the requirements of the Plan is to develop the programs suggested within the plan such as commercial rehabilitation, business retention and attraction, parking improvements and public improvements. The second paragraph of the adopted Ordinance outlines an 18 month process for the creation of these plans. Mr. Meyer asked if the City will hire a professional agency to assist the City Council and Redevelopment Agency is determining what types of businesses should be relocated into the City or if the process will be completed by the City Council and NOVEMBER 22, 1997 PAGE 7 TOWN HALL MEETING staff. M/VC/Huff responded that the City hires professional consultants on an "as needed" basis. Council employed a consultant to assist the Redevelopment Agency in identifying the community's business needs. CM/ED/Belanger stated that consultants who have the appropriate expertise will be used to assist the Agency. 4. WRAP UP AND NEXT MEETING PLAN. MPT/AM/Herrera stated that, according to the professional expertise of City employed consultants, D.B.'s commercial and industrial areas suffer from economic and physical blight and a Redevelopment Agency should be considered as a funding mechanism to cure these conditions. She reiterated that the funding for the Redevelopment Agency will result from property taxes paid by the commercial and industrial businesses located within the Project Area. She cautioned citizens not to rely on misinformation that is being circulated within the community. "boondoggle" spoke about what he views as the downside of redevelopment and boondoggle projects contained within the Agency documents. M/VC/Huff said there is no place in D.B. for "big box" shopping centers. School districts endorse redevelopment. He thanked the citizens for expressing their vote of confidence in the recent City Council election. He believed the citizens will be favorably impressed with the City's direction to reduce traffic impacts and entice appropriate businesses to the community through redevelopment efforts. He thanked the citizens for their participation. 5. ADJOURNMENT: There being no further business to conduct, Mayor and Redevelopment Agency Vice Chairman Huff adjourned the Town Hall meeting at 11:32 a.m. LYNDA BURGESS, City Clerk ATTEST: Mayor Redevelopment Agency Vice Chairman MINUTES OF THE DIAMOND BAR REDEVELOPMENT AGENCY REGULAR MEETING OF TIE -BOARD OF DIRECTORS • DECEMBER 2, 1997 CALL TO ORDER: Vice Chairman Huff ROLL CALL: Agency Members Ansari, Chang, Herrera, O'Connor, Vice Chairman Huff. Also present were: Terrence L. Belanger, Executive Director; Michael Jenkins, Agency Attorney; James DeStefano, Deputy City Manager; Frank Usher, Deputy City Manager; David Liu, Deputy Public Works Director; Bob Rose, Community Services Director; Linda Magnuson, Assistant Finance Manager and Lynda Burgess, Agency Secretary. 2. REORGANIZATION OF REDEVELOPMENT AGENCY: 2.1 Selection of Chairman - AM/Chang moved, AM/Ansari seconded, to nominate VC/Huff to the position of Redevelopment Agency Chairman. Motion carried by the following Roll Call vote: AYES: AGENCY MEMBERS - Ansari, Chang, Herrera, O'Connor, Chair/Huff NOES: AGENCY MEMBERS - None ABSENT: AGENCY MEMBERS - None 2. PUBLIC COMMENTS: None offered. 3. CONSENT CALENDAR: None 4. PUBLIC HEARINGS: None 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. AGENCY MEMBER COMMENTS: AM/Herrera thanked former Agency Member Werner for his leadership and guidance as Redevelopment Agency Chairman. 8. AGENCY SUBCOMMITTEE REPORTS: None DECEMBER 2, 1997 PAGE 2 REDEV. AGENCY 9. AGENCY ADJOURNMENT: There being no further business to conduct, Chair/Huff adjourned the Redevelopment Agency meeting at 8:56 p.m. ATTEST: Mayor LYNDA BURGESS Agency Secretary J•� DIAMOND BAR REDEVELOPMENT AGENCY INTEROFFICE MEMORANDUM TO: Chairman Huff and Board of Directors FROM: Linda G. Magnuson, Assistant Finance Director SUBJECT: Voucher Register, December 16, 1997 DATE: December 11, 1997 Attached is the Voucher Register dated December 16, 1997 for the Diamond Bar Redevelopment Agency. The checks will be produced after any recommendations and the final approval is received. Payment of the listed vouchers in the amount of $1,931.00 is hereby allowed from the Diamond Bar Redevelopment Agency Fund. APPROVED BY: Linda G. Macon son Assistant Finance Director Terrence L. Belanger Executive Director Robert S. Huff Chairman Eileen R. Ansari Vice Chairman *­ -OR I 'ciio in, PKj.T!X-NO BATCH FO.LINE/ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --»--. - - - - - - -------------------- ------------------------------------------------------------- D. r". Iimprciement Asscc. I t 11 aF, a Fl - P; o T . GE' E2----1 L 2 R-------- cnw Gaya G&,aras Watson & 5ersnon K J a rd a • k0l"2-41 j-)-4020 4 1:8' iXl'- - 4 40 2") '47-1 J d! 'vcs-RdVI�m— u. AL LDULE - ---------CgKm J..'JI"AL PREPAID ----------- /k 0 7 P&ORT ------------ 00 SJ Ertl ______________________________________________________ ___________ ___________ AGENDA ITEM NO. 5.1 NO DOCUMENTATION AVAILABLE RECIAMANON SOLID WASTE MANAGE COUNTY SANITATION DISTRICTS 1955 Workman Mill Road, Whittier, CA 90601 140G Moiiing Addeess: PO. Box 4998, Wh ttier, CA 90607-4998 Telephone: (562; 699-741 1, FAX: (562) 699-5422 Boards of Directors County Sanitation Districts of Los Angeles County OF LOS ANGELES COUNTY CHARLES W. CARRY Chief Engineer and General 111ancge� November 7, 1997 File: 31 R-600.10 Christmas Tree Recycling Program ; The holiday season is approaching and each city will face the annual task of Christmas tr4_sa®liection and disposal. The Sanitation Distri are pleased to again sponsor a Christmas Tree Recycling Program as part of its green waste recovery program at the Puente Hills, Scholl Canyon, Calabasas, and Spadra Landfills. This year's program will last from Friday, December 26, 1997 through Saturday, January 10, 1998. The Sanitation Districts will accept uncontaminated loads of Christmas trees or trees in loads from existing city- spo asored collection programs at no charge. For loads to be considered uncontaminated, they must contain only green waste and Christmas trees should have all metal stands and bars, ornaments, and the bulk of tinsel removed. Flocked trees, or trees coated with a fire retardant, will be accepted. The Districts will send a Christmas Tree Recycling Information and Registration packet to your City Manager and Christmas Tree Recycling Coordinator within the next week. City staff should contact Ms. Kin -din White, Project Engineer, by December 8, 1997, at the numbers listed above, to register their cities' Christmas tree collection programs. Through the registration process, she will arrange for the acceptance, at no charge, for Christmas tree loads and Christmas tree loads mixed with green waste. Please inform Ms. White, as well, if your city intends to sponsor a program that wilt not involve participation in the Districts' program. Thank you, in advance, for your participation in this environmentally beneficial program. Very truly yours, 4 W7- Charles W. Carry, - " CWC:Ieh )cert Corkrum Al Paul au Piirtsipai 'avkr x of tt Aetivities Benaer -clonal Dean ;lag -CLW Dcaa wadntyre -rinnal rAft" es slsabondo :60ml Dun loon u Di or :Bret Bbbe6an Level Coordinator h 'base Level CoordhmW F, uerimFuadekkn , k f Level coordouoor s3tttgener ;r b.. Ltvgl Coordinator _'Xi ;Owe t i r wt Level Coordnatea }'b r tiis Irvhq ( 4— Lowe' Coord u tm G WD a Qum Grade Level Cow'dauwr KeVIR Pattemn Bret I#."I rjwwc inww Paul Ridder OPCI b cons Manager Diamond Bar High Sc ' 001 Preparing for the Future Today j 21400 E. Pathfinder Read • niamond Bar. Callfoniia 1765 SChoo1(909) 594-1405 ActhIties (909) 5942850 FAX (909 595-8301 December 16, 1997 Mrs. Carol Herrera Mayor, City of Diamond Bar Dear Mayor Herrera, We wish to formally state the opposition of oiami High School to the sale of alcoholic beverages at Cheveron gasoline station located at Pathfinder a Canyon Roads. We believe that the close proximit station to our school poses a needless risk and a nuisance to our students. Since the installation market in the station, many more of our students frequented the gas station and surrounding area. that the potential to purchase or have someone e Purchase alcohol for them is too great a danger students. We urge the city council to deny a liq to this business. Sincerely, Or. Robert Corkrum Principal 4./O'�a� / 4 Denis Paul Assistant Print CC: Susan Cole Planning commission 19% California Distinguished School KI Bar le I Brea, of the attr2CtNO the mini Ave 'e believe our permit ipal TOTAL P.©2 CITY OF DIAMOND BAR MEMORANDUM To: Mayor and City Councilmembers I From: Terrence L. Belanger, City Manager Subject: Action Pursuant to Government Code Section 54954.2 (b) and Authorization of Additional Services with Ultrasystems Environmental Incorporated Date: December 16, 1997 Background: On December 15, 1997 representatives of the City of Industry presented the City of Diamond Bar with a Final Environmental Impact Report (FEIR) and proposed Mitigation Monitoring Program for the Easterly Industrial Facility. The Easterly Industry Facility is a proposed industrial park to be constructed within the City of Industry upon a 70 acre site located adjacent to Grand Avenue and west of the existing YMCA facility. The City of Industry intends to certify their FEIR on December 23, 1997. It is necessary to immediately analyze the reports from Industry in order to prepare an appropriate response. The. City has utilized the services of Mr. Peter Lewandowski from the firm of Ultrasystems Environmental Incorporated for professional environmental consulting services. Ultrasystems has previously assisted the City in reviewing and preparing a response to the City of Industry's Notice of Preparation and Draft Environmental Impact Report for the Easterly Industrial Facility. Ultrasystems has rendered $9780.00 in services this fiscal year. In accordance with the purchasing guidelines, awards to a single vendor shall not exceed $10,000.00 in a fiscal year without authorization from the City Council. It is necessary to engage Ultrasystems to perform an analysis of the documents received from Industry and to assist in the development of an appropriate response. Action to place this item on the agenda is necessary as this matter came to the attention of the City after posting of the agenda. Recommendation: It is recommended that the City Council take action to place this item on the agenda pursuant to CGC Section 54954.2(b) and authorize additional services to be performed by Ultrasystems in the amount of $10,000.00. MEMORANDUM TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL FROM: TERRENCE L. BELANGER, CITY MANAGER RE: ADDITIONAL CLARIFICATION OF CHEVRON CUP APPEAL DATE: DECEMBER 16, 1997 DE NOVO HEARING CLARIFIED: The Chevron CUP appeal will be heard by the Council de novo, i.e., as a new hearing. In a de novo hearing the decision of the Planning Commission is suspended. The City Council determines the matter as though it originated, with the City Council. Further, the Council need not pay attention to the Planning Commission findings or decision; except, as they may be helpful to Council in it's perspective and reasoning. 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 in the AQMD Auditorium, located at 21865 E. Copley Drive, Diamond Bar, California at 6:30 p.m. on December 16, 1997. I, LYNDA BURGESS declare as follows: I am the City Clerk in the City of Diamond Bar; that a copy of the agenda for the Regular Meeting of the Diamond Bar City Council, to be held on December 16, 1997 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 12th day of December, 1997, at Diamond Bar, California. /s/ Lynda Burgess Lynda Burgess, City Clerk City of Diamond Bar